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

16 ^ 



RESOLVES 



THE GEIVERAL COURT 



Commontoealtl) of M^smt\)mttt!S, 



PASSED AT THE SEVERAL 



SESSIONS OF THE GENERAL COURT, 

COMMENCING MAY, 1824, AND ENDING MARCH, 1828. 



Published agreeably to a Resolve of I6th January ^ 1812. 





DUTTON AND WENTWORTH, PRINTERS TO THE STATE. 

1828. 



CIVIL GOVERNMENT 

OF THE 

COMMOXWEJiLTH OF MASSACHUSETTS, 

FOR THE POLITICAL YEAR 1824.... 5. 



fflS EXCELLENCY 



WILLIAM EUSTIS, ESQ.UIRE, 



GOVERNOR. 



HIS HONOR 

MARCUS MORTON, ESQUIRE, 

XJSUTENANT GOVERNOR. 

HON. AARON HILL, 

" EBENEZER FISHER, 

« SOLOMON SMEAD, 

« THOMAS WESTON, 

« NATHAN CHANDLER, 

« NATHAN WILLIS, 

« RUSSELL FREEMAN, 

«« STEPHEN WHITE. 



EDWARD D. BANGS, ESQUIRE, 

Secretary of the Commonwealth. 

HONORABLE NAHUM MITCHELL, 

Treasurer of the Commonwealth. 



SENATE. 



HON. NATHANIEL SILSBEE, 

PRESIDENT. 



SUFFOLK DISTRICT. 

Hon. Samuel Hubbard, Hon. Francis C. Gray, 

Thomas L. Winthrop, Theodore Lyma^3^ Jr. 

Heman Lincoln, George Odiorne. , 

ESSEX DISTRICT. 

Hon. Nathaniel Silsbee, Hon. Aaron Lummus, 

John Prince, William W. Parrott, 

Nathan Noyes, Moses Wingate. 

MIDDLESEX DISTRICT. 

Hon. Levi Thaxter, Hon. Micah M. Rutter, 

John Keyes, Seth Knowles. 

John Wade, 

W ORCESTER DISTRICT. 
Hon. Aaron Tufts, Hon. Nathaniel P. Denny, 

Stephen P. Gardner, Joseph G. Kendall. 

Benjamin Adams, 

HAMPSHIRE DISTRICT. 

Hon. Joseph' Strong, Hon. David Mack, Jr. 

HAMPDEN DISTRICT. 
Hon. James Fowler, Hon. John Mills. 



SENATE. 5 

BEIO^SHIRE DISTRICT. 

Hon. George Hull, Hon. Rodman Hazard. 

NORFOLK DISTRICT. 

Hon. John Ruggles, Hon. Sherman Leland. 

Josiah J. Fiske, ' 

PLYMOUTH DISTRICT. 
Hon. Seth Sprague, Hon. Joseph Richardson. 

BRISTOL DISTRICT. 

Hon. James T^. Hodges, Hon. Solomon Pratt. 

John Mason, 

BARNSTABLE DISTRICT. 

Hon. Braddock Dimmick. 

NANTUCKET DISTRICT. 

Hon. Barker Burnell. ' 

* FRANKLIN DISTRICT. 

Hon. George Grinnell, Jr. Hon. John Nevers. 



Paul Willard, Esq. Clerk, 

John Farrie, Jun. Esq. Assistant Clerk 

Rev. Daniel Sharp, Chaplain. 



HOUSE OF REPRESENTATIVES. 



HON. WILLIAM C. JARVIS, 

SPEAKER. 



B)ston, 



COUNTY OF SUFFOLK. 

Benjamin Russell, 
Nathan Appleton, 
Samuel Swett, 
Enoch Silsby, 
George W. Otis, 
Jonathan Phillips. 
Joseph Austin, 
David Sears, 
Redford Webcter, 
Samuel L. Knapp, 
William Sturgis, 
George Daracott, 
Israel Munson, 
Bradford Sumner. 
Samuel Perkins, 
Francis Jackson, 
Isaac Stephens, 
Willard Phillips, 
Amos Lawrence, 
Elijah Morse, 
Daniel Weld, 
Henry H. Fuller, 
Francis Bassett, 
Franklin Dexter. 



Chelsea. 



HOUSE OF REPRESENTATIVES. 



COUNTY OF ESSEX. 



Amesbury^ 


Lowell Bagley. 


Andover^ 


Stephen Barker, 




Amos Spaulding. 


Beverly, 


Robert Rantoul, 




Oliver Obear. 


Boxford, 




Bradford, 


■ 


Danvers, 


Nathan Poor. 


Essex, 


Jacob Story. 


Gloucester, 


William Beach. 


Hamilton, 




Haverhill, 


Enoch Foote. 


Ipswich, 




Lynn, 


Ezra Mudge, 




James Pratt, 




Thompson Burrell. 


Lynnfield, 




Manchester, 


Delucena L. Bingham 


Marblehead, 


John Sparhawk, 




Benjamin Knight, 




William B. Adams, 




William Elliott, 




Joseph Hidden. 


Methuen, 


Stephen Barker. 


Middleton, 




J^ewbury, 


Moses Little. 


^ewburyport, 


John Coffin, 




John Merrill. 


Rowley^ 


Thomas Payson. 


Salenii 


Joseph Ropes, 




Joseph Winn. 



HOUSE OF REPRESENTATIVES. 



Salem^ 


Nathaniel Froth ingham. 




Joseph E. Sprague, 




Benjamin Fabens, 




David Putnam, 




Timothy Bryant, 




Stephen C. Philhps. 




Joseph H. Prince. 


Salifihury, 




Smigus, 




Topsfield, 




Wenkam, 




West »N*ewbury, 


Daniel Emery. 


COUNTY OF MIDDLESEX. 


^don, 


Francis Tuttle. 


*Ashby, 




Billerica^ 




Bedford, 


William Webber. 


Brighton, 


Francis Winship. 


Burlington, 




Cambridge, 


Levi Farwell, 




Deming Jarves, 




Newell Bent. 


Chelmsford, 


Jonathan Perham. 


Carlisle, 


John Nelson. 


Charlestown. 


Thomas Harris, 




Philemon R. Russell. 




John H. Brown, 




James K. Frothingham. 




Thomas J. Goodwin, 




Benjamin Whipple. 


Concord, 


Nathan Brooks. 


Dracut, 


Benjamin F. Varnum. 



HOUSE OV REPRESENTATIVES. 



Dunstable, 

.East Sudbury, 

Framingham, 

Groton, 

Holliston, 

Hopkinton, 

Lexington^ 

Lincoln, 

Littleton, 

Maiden, 

Marlborough^ 

Medford, 

J^atich, 

Mewlon, 

Pepperell, 

Reading, 

Sherburne, 

Shirley, 

South Readings 

Stoneham, 

Stow and Boxborough, 

Sudbury, 

Tewksbury, 

Toivnsend, 

Tyngsborough, 

Waltham, 

Watertown, 

West Cambridge, 
Westford, 



William Johnson. 
Charles Train. 
Noah Shattuck. 

Joseph Valentine. 
Abijah Harrington, 
John Muzzy. 
Joel Smith. 
Jonathan Hartwell 
Cotton Sprague. 
^ilas Felton. 
Dudley Hall, 
Turell Tufts. 

Joseph JackcoK^ 
Francis Blood 



John Hart 
Peter Hay. 
Ephraim Whitcomb. 
Abel Wheeler. 

Aaron Warren. 

David Townsend, 
Isaac Berais, Jr. 
Abijah White, 
Thomas Clark. 
Thomas Russell. 
Jesse Minut, 



10 



HOUSE OF REPRESENTATIVES 



Wilmiiigfon. 


James Jaques. 


Woburn^ 


Marshall Fowle. 


Weston, 


Nathan Hobbs. 


COUNTY OF WORCESTER 


Ashburnham, 


Ivers Jewett. 


Athol, 




Barre, 


Lyman Sibley. 


Berlin, 


Amos Sawyer> 


Bolton, 




Boylston, 




Broolcfield. 




Charlton, 


John Spurr. 


Dana, 




Douglas, 


Ezekiel Preston. 


Dudley, 


John Brown. 


Fitchburg, 


Calvin Willard. 


Gardner, 




Grafton, 




Hardwick. 




Howard, 




Holden, 


Samuel Daman- 


Hubbardston, 


Samuel Swan. 


Lancaster, 




Leicester, 




Leominster, 


William Perry. 


Lunenburg, 




Mendon, 


Jonathan Russell 




Daniel Thurber, 




Warren Rawson. 


Milford, 




Milbury, 


Asa Waters. 


JVe?«? Braintree, 


Gideon Delano. 



HOUSE OF REPRESENTATIVES. 



11 



^1 Ul lltrUUt UU^Ilf 

JVorth bridge, 




JSTortk Brookfield, 




Oakham, 




Oxford, 




Paxton, 




Petersham^ 


Israel Houghton. 


Phillipston, 




Princeton, 




Royalston, 




Rutland, 


Moses H. White, 


Shrewsbury, 




Southborough, 




Southbridge, 




Spencer, 




Sterling, 




Sturbridge, 


Cyrus Merrick. 


Sutton, 


EUsha Hale, 




Jonas L. Sibley. 


Templeton, 




Upton, 




Uxbridge, 




Ward, 




Westborough, 


Lovett Peters. 


West Boylston, 




Western, 




Westminster, 




Winchendon, 


Samuel Simonds. 


Worcester, 


William Eaton, 




John W. Lincoln. 




Otis Corbett. 



12 



HOUSE OF REPRESENTATIVES, 



Amherst., 

JBelchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield, 

Granby, 

Goshen, 

Greenwich, 

Hadley, 

Hatfield, 

Middleficld, 

JSCorthampton, 

JVorwich, 

Pelham, 

Plamfield, 

Prescott, 

Southampto7i, 

South Hadleyr 

Ware, 

Westhampton, 

Williamsburg, 

Worthington, 



COUNTY OF HAMPSHIRE. 

Isaac Robbins. 



Blandford 
Brimfield, 
Chester, 



Mark Doolittle- 

Thaddeus ClajJ. 

Eli Dickinson. 

Laban Marcy. 
Charles P. Phelps. 
Levi Graves. 

John Taylor, 
Jonathan H. Lyman. 

Oliver Smith. 

Josiah Pierce. 

Joel Hayes, Jr. 
Aaron Goulds 

John Wells. 

COUNTY OF HAMPDEN. 

David Blair, Jr. 



Asa Wilcox, 
Sylvester Emmons. 

Granville, Francis Stebbins. 

Holland and S. Brimfield, 



HOUSE OF REPRESENTATIVES. 



13 



Longmeadow, 




Ludlow, 




Montgomery, 




Palmer, 


John Frink. 


Russell, 




Southwick, 


Gideon Stiles. 


Springfield, 


Solomon Hatch, 




Jesse Pendleton. 


Tolland, 


Samuel Appleton. 


West Springfield, 


Caleb Rice, 




Luther Frink. 


Wilbraham, 


Abel Bliss. 


Westfield, 


Elijah Arnold. 


COUNTY OF FRANKLIN. 


Ashfield, 




Barnardston, 


John Brooks. 


Buckland, 




Charlemont, 




Coleraine, 


\ 


Conway, 


John Arms. 


Deerfield, 


Elihu Hoyt. 


Gill, 


Joseph Clark. 


Greenfield, 


Thaddeus Colman. 


Hawley, 


Thomas Longley. 


Heath, 




Leverett, 


' 


Leyden, 




Montague, 


Helaz Atwood. 


Mew Salem, 


Jonathan Gregory. 


JSTorthfield, 


Thomas Mason. 


Orange, 


Parley Barton. 


Rowe, 





14 



HOUSE OF REPRESENTATIVES. 



Shelbiirne, 




Shtitesburyy 


Josiah Beamaii. 


Sunderland. 


Erastus Graves. 


Warwick, 


Caleb Mayo. 


Wendell, 




Whately, 




Ervhi's Grant, 




COUNTY OF BERKSHIRE, 


Mams, 


Peter Briggs, 




William Watermaiic 


Alford, 




Becket, 


Gains Carter. 


Cheshire, 


Russell Brown. 


Clarkesboro\ 




Dalton, 


David Carson. 


Egremont, 


Josiah Millard. 


Florida, 




Great BarringtoUi 


Ebenezer Pope. 


Gore, 




Hancock, 


John Whitney. 


Hinsdale, 




Lanesboroiigh, 


Henry Shaw. 


Lee, 


Lemuel Basset. 


Lenox, 


Asher Sedgwick, 




Levi Beld^n. 


Monroe, 




Mount Washington, 




JVew Jshford, 




JVew Marlborough, 


Salmon Kasson. 


Otis, 


Ardon Judd. 


Peru, 




Pittsjield, 


William C. Jarvis, 




Samuel M. McKay 



HOUSE OF REPRESENTATIVES. 



15 



Richmond, 


William S. Leadbetter 


Sandtsfield, 


Jabez Bos worth. 


Savoy, 


William Ingraham. 


Sheffield, 


Norman Hickok. 


Stockbridge, 


Theodore Sedgwick. 


Tyringham, 


Silas Rewee. 


Washington, 




West Stockbridge, 




Williamstown, 


Charles A. Dewey, 




Gershom T. Bulkley. 


Windsor, 


John Fobes. 


COUNTY OF NORFOLK. 


Bellingham, 


Elias Cook. 


Braintree, 


Amos Stetson. 


Brookline, 


John Robinson. 


Canton, 


Thomas French. 


Cohasset, 


James C. Doane. 


Dedham, 


William Ellis, 




Plin}' Bingham, 




Josiah S. Fisher. 


Dorchester, 


Henry Gardner. 


Foxborough, 


John Sherman. 


Franklin, 




Medfield and Dover, 


William Felt. 


Milton, 


Barney Smith, 




William Pierce. 


Medway, 


George Barber, Jr. 


J^eedham, 


Seth Col burn. 


Quincy, 


Edward Miller. 


Randolph, 


Seth Mann, 




Joseph Linfield. 



16 



HOUSE OF REPRESENTATIVES. 



Roxbiiry, 



Sharon, 
Stoughton, 
Walpokj 
Weymouth^ 

Wrentham. 



Attleboroiigh, 

Berkley, 

Dartmouth, 

Dighton, 

Easton, 

Fairhaven, 

Freetoivn, 

Mansfield, 

J^eiO'Bedford, 

JSTorton, 

Raynham, 

Rehoboth, 

Seekonk, 

Somerset, 

Swansey, 

Taunton, 

Troy, 

Westport, 

Wellington, 



Isaac Davis. 
Joshua Seaver, 
David A. Simmons, 
Elijah Lewis, 
Henry Hatch. 



Harvey Clap. 
Christopher Webb, 
Lemuel Humphreys. 
David Shepard. 

COUNTY OF BRISTOL. 



Thomas Alm}^ 

Howard Lothrop. 

Job Morton, 
Ebenezer Pierce. 

Thomas Rotch. 

Lemuel Morse. 
Robert Daggett. 
Edward Slade. 
Benanuel Marvel. 
Cromwell Washburn. 
William B. Canedy. 



HOUSE OF REPRESENTATIVES. 



COUNTY OF PLYMOUTH. 


Min0on, 




Bridgeivater, 


Arteraas Hale, 


Carver, 




Duxbury, 




East Bridgewalcr, 




Halifax, 




Hanover, 


Reuben Curtis. 


Hingham, 


Isaiah Wilder, 




Benjamin Thomas. 


Hanson, 




Hull, 




Kingston, 




Marshfield, 




Middleborongh, 


Isaac Stevens. 


J^orth Bridgetvaicr^ 


John Packard. 


Pembroke, 




Plympton, 




Plymouth^ 


Barnabas Hedije. 


Rochester, 


Charles J. Holmes. 


Scitnate, 


John B. Turner. 


Wareham, 


Bartlett Murdock. 


West Bridgewater. 




COUNTY 


OF BARNSTABLE. 


Barnstable, 


Jonas Whitman, 




Benjamin Hallet, 




William Lewis. 


Brewster, 




Chatham, 




Dennis, 




Eastham, 


Harding Knowles. 



18 



HOUSE OF REPRESENTATIVES 



Falmouth, 


Thomas Fish. 


Harwich, 




Orleans, 




Provincetotvn, 




Sandwich, 


Elisha Pope, 




Obed B. Nye. 


Truro, 


James Small. 


Wellfieet, 




Yarmouth, 


Henry Thacher- 




DUKES COUNTY. 


Chilmark, 




Edgarton, 


- 


Tisbury, 






NANTUCKET. 


JVantucket, 


Francis G. Macy. 



Pelham W. Warren, Clerk. 
Rev. William Jenks, Chaplain. 



Jacob Kuhn, Messenger to the General Court, 
Elijah W. Cutting, .Assistant Messenger. 
Thomas P. Rider, Page to the House. 



RESOLVES 

OF THE 

GENERAL COURT OF MASSACHUSETTS, 

I 

PASSED AT THEIR SESSION, 

WHICH COMMEKOED ON WEDNESDAY, THE TWENTY-SIXTH OF MAY, 

AND ENDED ON SATURDAY, THE TWELFTH OF JUNE, ONE. 

THOUSAND EIGHT HUNDRED AND TWENTY-FOUR. 



GOVERNOR'S SPEECH. 



REPRESENTATIVES' CHAMBER, MAY 31. 1824. 

*it noon, agreeably to assignment, the two Houses assem- 
bled in Convention, when His Excellency the Governor 
came in, preceded by the Sheriff of Suffolk, and attended 
by His Honor the Lieutenant Governor, the Honourable 
Council, and the Officers of State; and delivered the 
following 

SPEECH : 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 
Called by the voice of my fellow citizens to admin- 
ister the Government for the year ensuing, I should be 
wanting in respect to them, as well as in justice to my own 
feelings, if I did not express my grateful acknowledgments 
for this distinguished mark of their favour and approbation-. 



20 GOVERNOR'S SPEECH. 

To those who are conscious that they have never sought 
the public favour or the pubHc suffrage by any other means 
than by endeavouring to deserve them, such proofs of con- 
fidence are pecuHarly acceptable. 

I congratulate you, Centleraen, on this convention of the 
several branches of the Government, organized according 
to the provisions of our excellent Constitution. Our path 
of duty is plain. The Government must be administered on 
on those republican piinciples which produced our glorious 
revolution, and conformably to those rules and precepts 
which we have sworn to maintain. The public good will 
form the great object of our pursuit, over which the influ. 
ence of party must never be permitted to prevail. At the 
same time, a sense of duty will oblige us to hold in just es- 
timation those patriotic citizens, who, in seasons of peril 
and difficulty maintain the honour and interests of their 
country. 

The prosperous state of our affairs happily requires no 
extraordinary interposition in relation to the general laws. 
In peace and tranquillity,our fellow citizens are enjoying the 
blessings of civil and religious liberty, and in the pursuit of 
their various occupations, are acquiring, under the smiles of 
Providence, the means of that individual ease andindepen- 
.dence, which form the aggregate of the wealth and strength 
of the State. Agriculture, the natural parent of our re- 
sources, prospers ; labour, in its various objects and oc- 
cupations, meets its reward : improvements in science and 
in the liberal and mechanic arts, keep pace with the ge- 
nius and enterprise of the people. If taxes fall with a 
heavier hand on the citizens of this commonwealth, than 
on those of some other states, are the} not amply remu- 
nerated in the more immediate causes of these burthens ? 
in the superiority of their civil, religious, social and milita 



GOVERNOR'S SPEECH. 21 

ij institutions, which are so worthy an enlightened and 
opulent people ; in their schools, their academies, their 
colleges, their societies for the encouragement of agricul- 
ture, charity and benevolence ; in their numerous provis- 
ions for the relief of the widow and fatherless and of the 
poor of every description; in the excellence of their roads 
and bridges and other facilities of transportation and inter- 
course, which enhance the value and shorten the labours 
of the-husbandman and of every description of citizens ; — 
in their temples of Justice, and above all in the moral sense 
and moral obligation derived from education, which bind 
them together as a band of brothers, reciprocating those 
acts of justice and affection, which constitute the charm 
and security of social life, and in the unreserved freedom 
of the press, which diffuses its rays of intellectual light and 
information throughout the great body of the people, and 
which is justly considered the Palladium of the public lib- 
erty ? 

By the common consent of enlightened Statesmen, it is 
admitted, that the cultivation of tliis freedom of expression 
has had an essential influence in ameliorating the condition 
of mankind, and that in modern times, it has acquired a 
high degree of improvement : — And so long as those who 
wield this powerful lever over the public mind, shall be 
sensible of the high responsibility they are under, so long 
will it continue to be rightly appreciated and respected. 
If under temporary excitements, produced by the spirit of 
party, or by other causes, it may occasionally transcend its 
proper bounds, or descend from its proper dignity, the po-^ 
litical morals and manners of a virtuous and well educated 
people, afford a sure and adequate corrective. 

Among our public improvements, those making, and con- 
templated to be made, in the capital of the State, which 



22 GOVERNOR'S SPEECH. 

are calculated alike for individual and public convenience, 
as well as ornament, reflect honor on its citizens, who vol- 
untarily submit to the burthens necessary to their accom- 
plishment, and appear to be worthy of patronage. 

The body politic, as well as the body natural, requires 
constant care and attention to preserve its physical and in- 
tellectual powers. The history of human nature teaches 
us, that it is less difficult to acquire than to retain the pos- 
session of any earthly object. The people of this country 
have before them a duty more elevated and important than 
has ever been required of any nation whatever. — The}'' 
have to sustain in the face of an anxious world, a temple 
of civil liberty, raised by the wisdom and valor of their an- 
cestors, and to hold forth, i n practice, the principles on 
which it is founded, as worthy the imitation of freemen. 
The great body of the people, by whom and for whom it 
was established, should guard it with never-ceasing vigi- 
lance, bearing in mind the important truth, that when they 
cease to be their own guardians, they cease to be free. 

The evidence has at length become conclusive, that it 
is altogether vain and fruitless, to raise the standard of civ- 
il liberty on any other basis, than that of a society bound 
together by a mutual and common interest ; for unless eve- 
ry link in the chain of a people has the strength of an in- 
dividual interest, that society cannot long resist the machin- 
ations of internal or external force, and in exact proportion 
to the confidence and attachment to be found between man 
and man in a free state, in the same proportion is that state 
strong or weak. 

Our establishments have thus far stood the test of time, 
and have justified the high expectations which had been 
formed of them : Much however remains to be done. The 
important question is now fairly before us, whether we 



GOVERNOR'S SPEECH. 23 

will lay down on the altar of public liberty those political 
antipathies, which are neither congenial with our princi- 
ples nor morals, nor the nature and spirit of our institutions ; 
or whether we shall keep open the only vulnerable point 
in our political fortress, through which a foreign or domes- 
tic enemy may enter. 

Should it be thought expedient at the present session 
to revise any of the general laws ; those which relate to 
the militia, with the insolvent laws, appear to be entitled 
to preference. With respect to the latter, after much re- 
flection, I cannot persuade myself that the incarceration of 
the body of a debtor, willing to surrender in good faith, the 
whole of his property, can be necessary to the purposes of 
justice, or is consistent with the principles of humanity or 
good policy. 

The state of the Treasury will be laid before you, from 
which it will appear, that all the money which was author- 
ized to be borrowed to pay the State of Maine, has been 
repaid; that the only debt against the Commonwealth 
amounts to ^39,500, bearing an interest of 4^ per cent, 
and that on the 24th of May, the cash on hand in the treas- 
ury, amounted to $24,74:6. 

With respect to the claim of this Commonwealth on the 
Government of the United States for services rendered by 
the Militia, as soon as it was ascertained, that it was in- 
tended by the Executive Department of that Government, 
to postpone the payment of any part thereof, until all the 
accounts should have been examined and presented for al- 
lowance, the Agents were instructed to use their best 
endeayours to obtain a reversal of this determination, and 
to urge the payment of such parts of the claim as had been 
examined by proper accounting officers and had been con- 
sidered admissible, without waiting for other parts which 



24 GOVERNOR'S SPEECH, 

might be deemed objectionable. On this representation 
being made by the Agents, the Avhole claim was, by the 
President, referred to Congress, whose decision, would, 
under any circumstances, have been necessary to its final 
adjustment. Copies of these instructions and of other pa- 
pers relative to the progress subseqently made, will form 
the subject of a separate communication. 

From an examination of the affairs of the State Prison, 
it appears that in March last, a daring conspiracy and in- 
surrection took place, in which a great part of the convicts 
were engaged, which was, however, happily suppressed 
without bloodshed, by the firmness and courage of the of- 
ficers and guards of the prison, aided by the citizens of 
Charlestown, and by the marine corps from the Navy 
Yard. This incident strengthens a suggestion formerly 
made by the directors, that it would be proper to make a 
deposit of fire arms for the use of the guards, to be resort- 
ed to on emergencies, by the citizens of Charlestown, resi- 
ding in the immediate vicinity of the prison. This supply 
may be furnished without inconvenience from the state ar- 
senal, if the legislature shall be pleased to authorise their 
delivery. 

The vacancy occasioned by the death of the Warden 
has not been filled, in consequence of a disposition mani- 
fested by one branch of the government of the last year to 
abolish that office. In governing establishments of this 
kind, unity in command and singleness of responsibility 
should be leading principles. And it would appear, that 
one competent and suitable person, to be denominated 
keeper or warden, to reside constantly at the prison, and 
subject to the orders of the directors, whose duty it should 
be to receive, safely keep, and discharge the convicts, 
and be solely responsible for their government, labor, and 



GOVERNOR'S SPEECH. 25 

conduct in every respect, might be sufficient, with the ne- 
cessary subordinate officers, for these purposes ; and that 
another officer, to be denominated clerk or commissary 
would be sufficient, under like orders of the directors, to 
make all the necessary contracts, purchases, sales, and dis- 
bursements, and to keep the accounts. 

At the last session of the Legislature, the Governor was 
authorized to draw a warrant in favor of the Warden, for 
eighteen hundred dollars for the use of the prison ; if the 
office of Warden, shall be discontinued, an authority 
froQi the Legislature to draw the v.arrant in favor of the 
directors or of the clerk, will be necessary : with this sum 
the directors respond to meet all demands on the prison 
during the present year, while the method, good order 
and good management which prevail in the several depart- 
ments, affiard reason to believe, that in the year 1825, the 
income derived fom the labour of the convicts will be suf- 
ficient to cover the expenses of the institution without 
further drafts on the treasury. 

In all measures, calculated to promote the interests and 
happiness of our constituents, 3- ou may rest assured of a 
ready co-operation on my part. 

WILLIAM EUSTIS. 



ANSWER OF THE SENATE 



May it please your Excellency, 

With high satisfaction the Senate receive the elevat- 
ed sentiments and sound political maxims you have been 
pleased to address to the Legislature. 

They are consecrated by the experience and honorable 
participation of our most distinguished patriots in the great 
vicissitudes that mark our national history, and which 
have terminated in the establishment of a free government, 
which we believe to be more perfect in its structure and 
more beneficial in its influence upon the character and 
happiness of civil society, than any to be found in the re- 
cord of past ages. That any of the distinguished actors, 
in the great contest for the rights of freemen, live to wit- 
ness the consummation of their hopes and efforts, in the 
establishment, prosperity and happiness of this State, and 
of a great Republic composed of free Stiites, must be to 
the patriot a subject of reflection peculiarly cheering. 

W^e witness in the progress of our history a concurrence 
of signal events, proving to us the soundness of the maxim, 
that our " Government must be administered on those re- 
publican principles which produced our glorious revolu- 
tion." And whilst it becomes men of elevated views 



ANSWER OF THE SENATE. 27 

and generous sentiments to conciliate those who honestly 
differ in opinion on questions of State policy, yet it would 
be obviously unjust not to honor that virtue that has pass- 
ed the ordeal of perils and sacrifices to maintain the great 
principles which have triumphed and brought glory to 
our common country, and which has pursued its course in 
concert with the high and beneficent purposes of Provi- 
dence, in ftivor of our invaluable institutions. 

With no ordinary satisaction do the Senate recognise 
the varied and multiplied proofs of the prosperous state of 
our affairs in whatever is condusive to order and encour- 
aging to virtue ; in whatever is consoling to humanity and 
tending to diffuse and perpetuate the blessings of good 
government and advance the prosperity of the State- 
And the Senate are solicitous to cherish the spirit of emu- 
lation called forth by the vast improvements of the pre- 
ceding and passing age, to preserve with care all that is 
excellent, to advance to perfection all that was projected 
by the wise forethought of our ancestors, and to discharge 
our debt of gratitude, for the benefit of those who shall live 
after us. 

The principles of free government involve in their ap- 
plication reciprocal obligations, burthens and duties, re- 
quiring to be so adjusted and balanced, that none may be 
oppressed, and consequently that none may be elevated 
above the rest by the advantage of unequal or exclusive 
privileges, not sanctioned by our constitution or laws. A 
just application of these principles alone can establish 
" confidence and attachment between man and man." And 
we have the pleasure to believe that an enlightened peo- 
ple, animated by these principles will surround the altar of 
public liberty and " lay down those political antipathies, 
which are neither congenial ^vith our principles nor morals, 



28 ANSWER OF THE SENATE. 

nor the nature and spirit of our institutions." This will 
establish the confidence among ourselves and the convic- 
tion of the world, that " the only vidnerable point in our 
political fortress" is securely closed against every enemy. 

The suggestion that some of our general laws require 
revision, claims our marked attention. 

The militia has been a subject of frequent legislation, 
and yet, we apprehend, a subject of increasing dissatisfac- 
tion. The Senate are aware that a question may arise, 
whether the cause of difficulty is to be found in the amount 
or form of militar}^ dut}', required by the laws, so much as 
in the inequality of the burthen imposed by the duty. 
That portion of the citizens who can least afford their time 
and service have been compelled to bear the burthen and 
are held by the laws exposed to the greatest sacrifices, 
whilst numerous classes of other citizens have, for slight 
causes, been exempted from it. This state of things, we 
apprehend, is too obviously*' incompatible with some ot the 
first principles and maxims of free government and equal 
laws, to meet the cheerful acquiescence of a people taught 
by education and great examples to be jealous of their 
rights, and to claim ail that is valuable on the grounds of 
political justice. 

Your Excellency's remark on im])i'isonment for debt, 
also claims the serious consideration of the Government 
of an enlightened community, whose philanthropy is ac- 
tively employed to rescue the guilty, to shield the innocent 
and succor the oppressed. It may well be deemed a seri- 
ous inquiry, whether it can be consistent, even with the 
sound principles of public justice, to subject those to igno- 
miny and suffering and deeper poverty, who, without even 
the suspicion of fraudulent intention, have b}^ causes above 
their control, become unable to meet the demands of their 



ANSWER OF THE SENATE. 29 

creditors. When the operation of law is such as to involve 
innocence and ^uilt, misfortune and perfidy in one com- 
mon fate, we apprehend that the public morals must incur 
serious injury. 

The Senate are persuaded that the people of the Com- 
monwealth will cordially approve the policy that secures a 
prudent and faithful application of the public monies, and 
which affords the prospect that the burthens of the State 
may be further alleviated. They will learn with satisfac- 
tion that the claim of this state on the General Govern- 
ment, for services rendered by the militia, has been so far 
advanced as to be laid by the President in the most favor- 
able light before Congress, with a prospect of its speedy ad- 
justment. 

In every proof of fidelity and of successful results in the 
management of the State Prison the people have a lively 
interest. Of the importance of this institution it is diffi- 
cult to form an adequate conception, unless we saw the 
enemies of public and personal safety again let loose upon 
society. The protection it gives to life and property and 
against the demoralizing influence of pernicious example 
may be estimated of value to the community far above the 
cost of the institution. 

Whatever measures your Excellency may be pleased to 
recommend for the promotion of the public weal, in aid of 
them the Senate tender the assurance of the most cordial 
co-operation. 

The recollection that we have lived and been associated 
with the venerated patriots of the glorious revolution, that 
gave us a name and a proud elevation among the nations 
of the earth, will always be to us a source of grateful pleas- 
ure. 



30 ANSWER OF THE HOUSE. 

And we hesitate not to express the assurance that, by 
the people of Massachusetts, whom we have the honor to 
represent, sentiments of gratitude and respect for genuine 
integrity and great services will continue to be ardently 
cherished. 



Answer of the house. 



May it please your Excellency^ 

The House of Representatives are happy to bear testi- 
mony to that steady and patriotic devotion to the public 
service which has secured to your Excellency such repeat- 
ed and decisive proofs of the highest confidence of your 
fellow citizens. 

They reciprocate the congratulations of your Excellen- 
cy on the happy circumstances under which the several 
branches of the government have assembled. The path 
of duty is indeed plain before them. The principles of 
our Constitution have been too thoroughly tested to leave 
a doubt of their soundness or wisdom. At the same time 
that they would yield to those distinguished citizens who 
have rallied round their country in the darkest hours of 
her distress, that gratitude and those rewards which their 
patriotic services merit, they are sensible, with your Ex- 
cellency, that party spirit should not so blind them that 



ANSWER OF THE HOUSE. 31 

they should condemn their fellow citizens for honest differ- 
ences of opinion, frankly avowed and honorably sustained. 
That freedom which is the glory of their country, can only 
be perpetuated by encouraging in their fellow citizens an 
honest avowal and maintenance of their opinions. Any 
attempt to enslave the minds of their fellow citizens and 
make them subservient to those of a dominant party, as the 
price of honor and distinctions, would break down that man- 
ly spirit of independence which is most sure to support 
and improve our institutions, and introduce in its place a 
servile spirit, characterized by insincerity and duplicity 
ever ready to open the door of corruption. 

The prosperous state of their affairs, the peace and tran- 
quillity in which their fellow citizens, in the enjoyment of 
civil and religious liberty are securing the blessings of in- 
dependence, speak in the strongest language the perfec- 
tion of their institutions. Agriculture furnishes the mate- 
rial for manufactures and sustenance to those employed in 
them. Manufactures create a market for the productions 
of the earth, and new inducements to the cultivation of the 
soil. Both give support to Commerce, which in its turn 
adds vigor and activity to Agriculture and Manufactures. 
These three great interests of the country are not hostile 
but minister to each other's prosperity and success. The 
genius and enterprise of their fellow citizens open the fields 
of science and extend the improvements in the liberal and 
mechanic arts. 

The public burthens are light when compared with the 
peculiar advantages they afford to the cultivation of the 
civil, religious, charitable, literary and military institutions 
of the State ; and the facilities of intercourse which add to 
the value and diminish the labor of every class of citizens, 
and in that education which instils into the mind the sound- 



32 ANSWER OF THE HOUSE. 

est moral principles and imbues the heart with the finest 
feelings, which give to life its richest enjoyment, to socie- 
ty the charm which links it together, and to futurity those 
hopes, without which life is a solitary waste. 

The freedom of the press, in its utmost latitude, is essen- 
tial to the safety of our institutions. Where despotism 
rears its head the press is shackled and enslaved, for des- 
potic principles cannot exist where the press is free. 
When men know their natural rights they will feel their 
physical power and trample slavery in the dust, and raise 
the banner of freedom. That the mass of society were not 
created the abject slaves of the few is a proposition too 
plain and too acceptable to the feelings of men to be mis- 
understood, unless ignorance and bigotry obscures the vis- 
ion. The press is the light which dispels the clouds of 
ignorance and bigotry, and here is found the reason for the 
slavery with which the monarchs of the old world have 
shackled it. That party spirit should at times lead the 
conductors of the press to violate its dignit}^, and transcend 
the bounds of propriety is an inseparable incident to the 
freedom of discussion. It is one of those evils without 
which no human blessing is unalloyed. It is the storm 
which, whilst it overwhelms the cottage, is essential to the 
purity of the atmosphere. 

The enterprize, the liberality and public spirit of the 
citizens of the metropolis, give a character to the State 
which does them the greatest honor, and which merits the 
public countenance and support. 

The situation of the world is at this moment peculiarly 
interesting ; the fire of freedom which was kindled in Eu- 
rope from our revolution, gave not a steady and salutary 
heat, but spread into a devouring conflagration which has 
consumed itself, and the extinction of its light has spread 



ANSWER OP THE HOUSE. 33 

darkness over the earth. For the last century there never 
has been a moment more discouraging to the success of 
free principles than the present ; the monarchs of tlie old 
world have formed a league for the unholy purpose of 
stifling free principles and destroying the freedom of 
speech and the liberty of the press. Had they the power 
they would form an inquisition over the mind and extin- 
guish the freedom of thought. This however they may 
accomplish, as their subjects dare not speak and their press 
cannot utter any sentiments but such as are licensed by 
the abject instruments of despotism. This aspect in the 
old world renders the situation of this country peculiarly 
interesting. This is the only nation which has securely 
established self-government on the solid foundation of the 
popular will. — This country is a light, amid the darkness 
that surrounds it. If the world is ever free, hence they 
must take their example. We are now the terror of the 
despots of the old world. They perceive clearly the dan- 
gerous example we afford their subjects. Nothing but 
our own vigour prevents their destroying us. Now is the 
moment when all parties should unite, and cordially co-op- 
erate in the support of those institutions which the policy 
of European nations would lead them to overturn. Whilst 
we are united there is no vulnerable point in our country- 
But divided, one part would be made the instrument of 
the other's destruction. And self-destroyed we should fall j 
the cause of despotism would triumph, and the last expe- 
riment of freedom would fail. 

The House of Representatives are grateful to learn that 
the claim on the National Government is in so fair a train 
for settlement : That such improvements have been made 
in the management of the State Prison, that the convicts 
will in future maintain themselves, and that the support of 



34 ANSWER OF THE HOUSE. 

this Institution will be no longer a tax on the Common* 
wealth. They are also gratified to learn the favorable siti 
uation of the finances of the State. These subjects, and 
the others referred to in the speech of your Excellency^ 
will receive the earliest attention of the House. 

The sentiments of your Excellency in relation to impris- 
onment for debt, are peculiarly grateful to the feelings of 
the House. They trust the day is not distant, when honest 
debtors may be able to satisfy the claims of their creditors 
without undergoing that punishment which should be 
the award, not of misfortune, but of guilt ; and they hope 
some method may at an early day be devised, which, con- 
sistent with the claims of creditors, may free honest debt- 
ors from that personal restraint so revolting to them and 
so inconsistent with our institutions. A spirit of enterprise 
is beneficial to the country ; this spirit inevitably leads to 
many misfortunes ; and to punish the unfortunate but hon- 
est man, is to check the spirit of enterprise. 

In all measures calculated to promote the interest and 
happiness of their constituents, your Excellency may rely 
on the ready co-operation of the House of Representatives. 



MESSAGE.— PAY OF MEMBERS. 35 



CHAP. I. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

I herewith transmit a Letter from the Honorable James 
Lloyd, one of the Senators of this State in the Congress of 
the United States, with the accompanying Documents, re- 
lative to a Surve}^, under the authority of the United 
States Government, of Buzzard's Bay, and Barnstable Bay, 
and of the land lying between them, to ascertain the prac- 
ticability of uniting said Bays by a Canal ; and also, relat- 
ing to other subjects. 

WILLIAM EUSTIS. 

Council Chamber, June 3, 1824. 



CHAP. II. 

Resolve providing for the pay of the Members of the 
Legislature. June 3d, 1824. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to each member of the Senate, and House 
of Representatives, two dollars for each and every day's 
attendance the present political year, and the like sum of 
two dollars for every ten miles travel from their respec- 
tive places of abode, to the place of the sitting of tlie Gen- 
eral Court, at ever)' session of the same ; and also to each 
member of the Council, two dollars for each day's attend- 
ance at that Board, at every session thereof during the 
present political year, and the like sum for every ten miles 
travel from their respective places of abode to the place 
of the sitting of the General Court. 

^nd he it further Resolved, That there be paid to the 
President of the Senate, and Speaker of the House of 
Representatives each, two dollars for each and every day's 
attendance the present political year, in addition to their 
pay as members. 



36 ABEL BLISS— SOLOMON SMEAD. 



CHAP III. 

Resolve on the petition of Mel Bliss, Esq. refunding him 

fourteen dollars and fifty cents. 

June 5th, 1824. 

On the petition of Abel Bliss, Esq. of Wilbraham in the 
county of Hampden, praying that a bill of cost paid by him 
to the Sheriff of the County of Hampden, may be re- 
funded to him. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this Com- 
monwealth, to said Abel Bliss, Esq. the sum of fourteen 
dollars and fifty cents, being the sum paid by him as afore- 
said ; and that His Excellency be requested to draw his 
warrant on the Treasurer for the same. 



CHAP. IV. 

Resolve on the petition of Solomon Smead, Esq. and others. 
June 5th, 1824. 

On the petition of Solomon Smead, Esq. and others, in- 
habitants of, and living on that part of Connecticut river 
which lies in the Counties of Hampshire, Franklin, and 
Hampden, praying among other things, that the Solicitor 
General be instructed to file an Information in the Su- 
preme Judicial Court, in the nature of a quo warranto, 
against the Corporation called the Proprietors of the locks 
and canals on Connecticut River. 

Resolved, for reasons set forth in said petition that the 
Solicitor General be, and he is hereby directed to cause a 
process to be instituted in the nature of a quo warranto, 
against the Corporation, called "The Proprietors of the 
locks and canals on Connecticut river," for the purpose of 



SALLY PHILLIPS ; 37 

determining whether they have forfeited their charter 
or act of incorporation, and the same process to pursue in 
due course of law to final Judgement. 



CHAP. V. 

Resolve on the Petition of Sally Phillips. 
June 8th, 1824. 

Resolved, That Sally Phillips, of the city of Boston in 
the county of Suffolk, Widow, Guardian of Miriam Phil- 
lips, John C. Phillips, George W. Phillips, Wendell Phil- 
lips and Grenville T. Philhps, minor children of the Hon- 
orable John Phillips, late of said Boston, deceased, be and 
she hereby is authorized to make good and sufficient deeds, 
to convey all the right, title and interest, which said mi- 
nors have in and to a certain parcelof Real Estate, situat- 
ed in said Boston, bounded Southerly, in front on Beacon 
Street, and Easterly on Walnut Street ; said Sally first 
giving to the Judge of Probate for the County of Suffolk, 
and to his successors in office, a bond, with such penalty and 
such sureties as shall be satisfactory to said Judge, condi- 
tioned to hold the purchase money arising from the sale of 
said estate, in trust for said minors and for the other three 
children of said John Phillips, namely, Thomas W. Phil- 
lips, Sarah H. Jenks, and Margaret W. Phillips, and at the 
decease of said Sally to cause to be paid or transferred to 
each of the said children of said John Phillips, one eighth 
part of the purchase money or property arising from said 
sale, or to the representatives, heirs at law, or devisees of 
said children, as the case may be ; the distribution of said 
purchase money or property, in all events, to be made, to 
the same persons as would have taken said real estate un- 
der the will of said John Phillips, devising to said Sally a 
life estate in said property, and the reversion of the same 
to his eight children abovenamed. 



38 JOHN JOP— EBENEZER FARLEY, 



CHAP. vr. 

Resolve on the petition of John Jop- 
June 8th, 1824. 

On the petition of John Jop of Winchester in the coun- 
ty of Lilchfield and State of Connecticut, Guardian of 
Benjamin Henshaw Jop, a person non compos mentis, 
praying for leave to make sale of the real estate of his said 
ward. 

Resolved^ That for reasons set forth in said petition, 
Nathaniel P. Denny, of Leicester in the County of Wor- 
cester be, and he hereby is authorized and empowered to 
make sale of all the real estate of the said Benjamin Hen- 
shaw Jop, as set forth in said petition, either at private or 
public sale, he the said Nathaniel P. Denny, first giving 
bond to the Judge in the County of Worcester, with suffi- 
cient sureties, ni the sum of five hundred dollars, condition- 
ed to pay the proceeds of said sales over to John Jop, 
guardian as aforesaid. 



CHAP. vn. 

Resolve on the petition of Ebenezer Farley. 
June 8th, 1824. 

On the petition of Ebenezer Farley of the city of Bos- 
ton. 

Resolved., That for reasons set forth in his petition, the 
said Ebenezer be, and he is hereby authorized and em- 
powered, in his capacity of Gui«rdian, to certain minors, to 
wit, Eben Farley, Joseph Henry Farley, Charles An- 
drews Farley, Francis Dennison Farley, and Susannah 
Farley, to cause the Interest of said minors in a piece of 
real estate, situate in Ann Street in said Boston, and there 
numbered sixty-eight, which they inherited from their 



MASS. HISTORICAL SOCIETY. 39 

Grandfather John Coolidge late of said Boston, deceased, 
to be sold at private sale, to execute good and sufficient 
deeds thereof, and the proceeds thereof to reinvest in other 
real estate, or otherwise, as may, under the circumstances, 
to the said Ebenezer Farley, seem best and expedient ; 
Provided^ That the said Ebenezer first give bond to the 
Judge of Probate for the County of Suffolk, with sufficient 
surety or sureties, conditioned for the faithful performance 
and execution of the powers and authority hereby given. 



CHAP. VIII. 

On the petition of the Massachusetts Historical Society > 
June 8th, 1824. 

Resolved., For the reasons set forth in said petition. That 
the Commonwealth will take three hundred and fifty copies 
of the History of New-England, by John Winthrop, first 
Governor of the Colony of Massachusetts Bay, to be publish- 
ed by the said Society and to consist of two volumes, and 
will pay the Society two dollars for each volume printed on 
good paper and well bound in leather, and delivered at the 
office of the Secretary of the Commonwealth within two 
years. And his Excellency the Governor is requested to 
cause an engraving to be made by a competent artist from 
the portrait of John Winthrop, belonging to this Common- 
wealth, and one thousand impressions to be taken from the 
plate, for the embellishment of the work aforesaid, and to 
deliver the said plate and impressions to the said Society, 
provided the expense thereof do not exceed the sum of 
one hundred dollars. And his Excellency is hereby au- 
thorized to draw his warrants on the Treasury for the cost 
of the first volume of said work on the delivery thereof, 
and for the like sum on the delivery of the second volume, 
and also lor the expense of said engraving. And one copy 
of said work shall be sent to the Clerk of each Town in 
the CoQimonwealth for the use of the inhabitants tliereof, 
and the residue shall remain at the disposal of the Legis- 
lature. 



40 CHOICE OF PRESIDENT & V. PRES. OF U. S. 

CHAP. IX. 

Resolve^ directing the mode of choosing Electors of Presi- 
dent and Vice-President of the United States. 
June 8th, 1824. 

Resolved by the Senate and House of Representatives in 
General Court Assembled^ That the Selectmen of the sev- 
eral towns and districts in this Commonwealth shall, in 
manner as the law directs for caUing Town Meetings^ cause 
the inhabitants thereof, duly qualified to vote for Repre- 
sentatives to the General Court of this Commonwealth, to 
assemble on Monday, the first day of November next, to 
give in their votes for fifteen Electors of President and 
Vice-President of the United States, qualified according to 
the constitution thereof ; whose names shall all be borne 
on one ticket, either written or printed, and such ticket 
shall contain the name of at least one inhabitant of each of 
the several districts, into which the Commonwealth is at 
present divided for the choice of Representatives in Con- 
gress, and against the name of each person on such ticket 
the district in which he resides shall be designated. 

And the Selectmen shall preside at such meetings, and 
shall in open town meeting receive, sort, count, and declare, 
and the Town and District Clerks respectively shall record 
the votes given in ; and exact lists thereof shall be made 
under the hands of a ir^ajority of the Selectmen and of the 
Town or District Clerk, who shall seal up and deliver the 
same to the sheriff of the county within three days, who 
shall transmit the same to the office of the Secretary of the 
Commonwealth within seven da} s thereafter ; or the town, 
or District Clerk, or Selectmen shall themselves transmit 
the same to said office within ten days after the day of the 
election ; and all votes not so returned shall be rejected. 
And the Governor and Council shall open and examine the 
returns aforesaid and count the votes. And the Governor 
shall forthwith transmit to each person elected as aforesaid 
a certificate of his election. 

Be it further resolved. That the Electors so chosen shall 
meet at the State House in Boston, on the thirtieth day of 
November, at four o'clock in the afternoon. And in case 
of the death or absence of any Elector or Electors, or in 



CATHERINE M'CAWLEY OSBORN. 41 

case the whole number of Electors to which the Common- 
wealth is entitled shall from any cause be deficient, his or 
their places shall forthwith be supplied from the people at 
large by a majority of the votes of the electors present. 
And the Electors thereafter, on the first day of December 
next, shall vote by ballot for one person for President and 
one for Vice-President of the United States ; and for their 
travel and attendance the Electors shall receive the same 
compensation as members of the legislature are entitled 
to. And all laws now in force regulating the duty and con- 
duct of sheriffs, town officers and voters in the election of 
Governor, Lieutenant Governor, Counsellors, Senators, and 
Representatives, shall, as far as applicable, apply and be in 
force, as to the meetings and elections to be holden and 
the returns to be made under this resolve ; and under the 
like forfeitures and penalties. 

,^iid be it further resolved, That in the City of Boston, 
the said election shall be holden and the returns thereof 
made in conformity with the directions of the act establish- 
ing the city of Boston and the several acts supplementary 
thereto : Provided^ however, that the returns shall be made 
within the time before prescribed. 



CHAP. X. 

Resolve on the petition of Catharine M^Cawley Osborn. 
June 9th, 1824. 

On the petition of Catharine M'Cawley Osborn, of Bos- 
ton, in the County of Suffolk, that she is guardian of her 
youngest daughter Lydia Osborn, a minor, who is owner 
of land and buildings, situated adjacent the Town Dock in 
said Boston, which property was set off to the said minor 
in the division of her father, John Osborn's estate, and that 
the said guardian is desirous to be empowered to sell and 
legally to convey the same to the City of Boston, for the 
benefit of said minor. 

Resolved, For reasons set forth in said petition, that she, 
the said Catharine, be authorized, and she is hereby fully 
6 



4^ STEPHEN SMITH. 

authorized and empowered to sell the said estate, in such 
Inanner, at private sale or otherwise, and on such terms, as 
she may judge most conducive to the interest of her said 
ward, and that her deed therefor, duly executed, acknowl- 
edged, and duly recorded, shall make to the grantee there- 
of, as good and perfect a title thereto as the said minor shall 
have therein at the time of such grant, she, the said Catha- 
rine, being at all times liable to account for the proceeds of 
such sale, in the same manner as she would by law be li- 
able to account for the sale of the personal estate of said 
minor : Provided, nevertheless, That the said Catharine 
shall first give bonds to the Judge of Probate for the ('oun- 
ty of Suffolk, and his successors in office for the use of said 
minor, in such sum and with such surety or sureties as 
shall be satisfactory to said Judge, faithfully to account for 
the proceeds of the sale hereby authorized, as she would 
by law be liable to account for the sale of the personal es- 
tate of said minor. 



CHAP. XI. 

Resolve on the petition of Stephen Smith 
June 9th, 1824. 

On the petition of Stephen Smith, of Northampton, in 
the County of Hampshire, praying that he may be author- 
ized to receive deeds and hold in fee simple real estate 
witli'u this Commonwealth. 

Resolved, For reasons set forth in said petition, that the 
said Stephen Smith be, and he hereby is fully authorized 
and empowered to receive deeds of real estate in this 
Commonwealth, ard hold the same in fee simple, in as full, 
free and ample a manner as if he were a naturalized citi- 
zen of the United States. 



MESSAGE.— SCITUATE LANDS. 43 



CHAP. XII. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives^ 

I herewith transmit a letter from the Attorney General 
of the Commonwealth, communicating attested copies of 
the Information, Proceedings and Judgment, relative to a 
lot of Land in Scituate, which has escheated to the Com- 
monwealth, that the Legislature may take what order they 
may think proper thereon. 

WILLIAM EUSTIS. 

Council Chamber, June Srf, 1824. 



CHAP. XIII. 

Resolve authorizing the Governor to appoint an %^gent to 
sell certain lands in Scituate, in the County of Plymouth 
which have escheated to the Commomvealth, 
June 9th, 1824. 

Resolved, That the Governor, by and with the advice of 
Council, be, and hereby is authorized to appoint an agent 
to sell all the right, title, and interest the Commonwealth 
has in a lot of land, lying in said Scituate, containing about 
twelve acres, whereof one Frederick Henderson, late of 
said Scituate, died seized, and which has escheated and ac- 
crued to the Commonwealth ; and that he, the said Agent, 
be authorized to make and execute a deed or deeds there- 
of to any purchaser or purchasers thereof, and also to have 
full power to lease the said lands until the same can bf 
sold. 



44 BRIDGEWATER TAX, 



CHAP. XIV. 

Resolve authorizing Brddgewater and East Bridgewater 
to assess their respective proportions of the State and 
County taxes. June lOtli, 1824. 

On the memorial and petition of Artemas Hale of Bridge- 
water in the County of Plymouth, stating that the Town 
of East Bridgewater, was set off from Bridgewater afore- 
said and incorporated into a distinct Town previous to the 
last tax act, and that no provision is made for Assessing on 
the respective inhabitants of the Two Towns their respec- 
tive proportions of the State and County taxes, but that 
warrants have issued for Assessing on Bridgewater alone 
the whole tax which ought by law and the principles of the 
valuation to be paid by the two towns aforesaid ; and fur- 
ther stating that the said Towns, by their respective Se- 
lectmen, have agreed upon the respective proportions of 
said taxes which each ought to bear, and praying that pro- 
vision may be made for Assessing and Collecting the same 
of their respective inhabitants accordingly : Therefore, 

Resolved, That the respective towns of Bridgewater and 
East Bridgewater are hereby respectively authorized and 
empowered to Assess upon their respective inhabitants, in 
manner prescribed by law, their respective proportions of 
the State and County taxes, which are now required to be 
Assessed on the Town of Bridgewater : said proportions 
being determined and agreed upon by said Towns, and 
any such assessment made or to be made agreeable to such 
proportions, so agreed upon, shall be valid in law, and may 
be committed to their own respective collectors in due 
form of law, to collect and pay over to the State and 
County Treasurers respectively, which Treasurers shall 
have power and authority to receive the same and pass it 
to the credit of Bridgewater; and in case either of said 
Towns or Collectors shall be remiss or delinquent in pay- 
ing such assessments, the said Treasurers are respectively 
hereby authorized to enforce such payment by due pro- 
cess of law, in manner as is provided in other cases of de- 
linquent Towns or Collectors. 



COM. LANDS IN HOLD— T. PERKINS. 45 



CHAP. XV. 

Resolve authorizing Samuel Biirnside, to take charge of 

Commonwealth's lands in Holden. 

June 9th, 1824. 

Whereas it has been represented to this Legislature, by 
the trustees of Leicester Academy in the County of Wor- 
cester, that great waste is continually committed on certain 
lands, belonging to the Commonwealth, situated in i: olden, 
in said County of Worcester, and which the said trustees 
h ivo petitioned this Legislature to grant to them in aid of 
the funds of said Academy : and whereas the said peti- 
tion has been referred to the next session of the General 
Court, 

Resolved^ That Samuel M. Burnsido of Worcester be, 
and he hereby is authorized and empowered to take the 
care of said land, and in the name of the Commonwealth 
to prosecute any Person or Persons who hitherto have 
committed, or hereafter shall commit, any waste on, or do 
any injury to said lauds, until the same shall be granted to 
said Trustees or otherwise disposed of by the Common- 
wealth. 



CHAP. XVI. 

Resolve on the petition of Thomas Perkins, Esq. 
June 11th, 1824. 

On the petition of Thomas Perkins, of Boston, in the 
County of Suffolk, Esc^. Guardian of John C. Gore and Eli- 
za J. Gore, minor children of the late John Gore, of said Bos- 
ton, Esq. setting forth that the said minors are seized of a 
parcel of real estate, situate in Merchants' Row, in said 
Boston, which the City of Boston are desirous of purchas- 



46 GEORGE W. COFFIN. 

ing in case Fanuicl Market shall be extended as is now 
contemplated. 

Resolved, For the reasons set forth in said petition, that 
the said Thomas Perkins, in his said capacity of guardian of 
the said John C. Gore and Eliza J. Gore, be, and he hereby 
is authorized and empowered to sell at private sale to the 
City of Boston, the real estate belonging to said minors, sit- 
uate on Merchants' Row, in said Boston, upon such terms 
and conditions as he may deem most for the interest of said 
minors, and to make and execute good and sufficient deed 
or deeds to convey the same. Provided., however, That the 
said Thomas Perkins first give bond with sufficient surety 
or sureties to the Judge of Probate for the County of Suf- 
folk, to be approved by him, to apply the proceeds of the 
sale of said land for the benefit of said minors, agreeably 
to the provisions of the law in such cases. 



CHAP. XVII. 

On the petition of George W. Coffin, Esq. 
June 11th, 1824. 

Resolved, That for reasons set forth in his petition, the 
said George W. Coffin be, and he is hereby authorized and 
empowered in his capacity of guardian to Thomas Fobes 
King, a minor ; to cause the interest of said minor in a piece 
of real estate situate in the town of Marblehead, in the 
County of Essex, being the estate purchased by Seth 
King and Thomas Fobes of David Lee, by deed dated the 
twenty-third day of December, eighteen hundred, and 
•which said minor inherited in part from his late father 
Seth King, and in part was devised to him by the last will 
of said Fobes, to be sold at pubHc or private sale, to exe- 
cute a good and sufficient deed thereof, and the proceeds 
thereof to reinvest in other real estate, or otherwise dis- 
pose of, as may, under the circumstances of the case, to 
the said George W. Coffin seem best and expedient. 

Provided, That the said George, first give bond to the 



DEAF AND DUMB.— MONEY BORROWED. 47 

Judge of Probate for the County of Suffolk, with sufficient 
surety or sureties, conditioned for the faithful performance 
and execution of the powers and authority hereby given. 



CHAP. XVIII. 

Mesolve appointing a Committee to confer with the Direc- 
tors of the Asylum at Hartford, respecting Deaf and 
Dumb pupils. June 11th, 1824. 

Resolved, That the Hon. Messrs. James Fowler and 
John Mills, be a Committee, in the recess of the Legisla- 
ture to confer with the Directors of the American Asylum 
at Hartford, for the education and instruction of deaf and 
dumb persons, and ascertain what accommodations and 
mechanical employments are provided in that institution 
for pupils of other States, and the best terms upon which 
they will receive into the Asylum the indigent deaf and 
dumb, between twelve and twenty-one years of age, from 
Massachusetts, to report at the next session of the Gen- 
eral Court. 



CHAP. XIX. 

Resolve authorizing the Treasurer to borrow money ^ 
June 11th, 1824. 

Resolved, That the Treasurer of this Commonwealth, 
be, and he is hereby authorized and directed to borrow of 
any of the Banks in Boston, any sum not exceeding Fifty 
thousand dollars, that may at any time within the present 
year be necessary for the payment of the ordinary de- 
mands made on the Treasury, and that he pay any sum 



48 STATE HOUSE YARD. 

he may borrow, as soon as money sufficient for the pur- 
pose, and not otherwise appropriated, shall be received in- 
to the Treasury. 



CHAP. XX. 

Resolve authorizing an exchange of land toith proprietors of 
land on the western boundary of the State Bouse 
yard, 8fc. June 11th, 1824. 

The joint Committee appointed to confer with the pro- 
prietors of lands adjoining the State House 3^ard, on the 
Westerly side, and to arrange a plan with them that their 
buildings should be so placed, as not to injure the beauty 
or value of the public lands, consider the subject of im- 
portance, and that the public interest and convenience 
might be promoted by a judicious arrangement on the sub- 
ject. They therefore recommend that the Legislature 
should pass the following Resolve. 

Resolved, That the Governor of the Commonwealth of 
Massachusetts, with the consent of the Council, be author- 
ized to appoint three Commissioners, who shall have full 
power to negociate with the proprietors of the lands next 
westerly of the State House yard, relative to the manner 
in whicli their buildings shall be erected, and relative to 
the straightening of the line of the westerly boundary of 
the State House yard ; with power and authority to ex- 
change any of the Commonwealth's lands for other lands 
of said proprietors, and for that purpose, on behalf of the 
Commonwealth, to execute sufficient deeds to convey the 
same ; and with full power and authority to lay out and 
establish a convenient side walk on the Commonwealth's 
lands for the accommodation of said proprietors, on such 
terms, and under such restrictions as they shall think will 
preserve the beauty of the public lands, and secure the in- 
terest of the Commonwealth. And the doings of said 
Commissioners, or a majority of them in the premises, 



ELECTORS OF PRES. AND V. PRES. 49 

shall be binding on the Commonwealth to all intents and 
purposes, as soon as the same shall be approved by the 
Governor with the assent of the Council. 



CHAP. XXI. 

Form of return of votes given for Electors of President 

and Vice President of the United States. 

June 12th, 1824. 

At a legal meeting of the Inhabitants of the Town or 
City, as the case may be, of in the 

County of qualified, according to the Con- 

stitution, to vote for Representatives in the General 
Court, holden on the first day of November, in the year 
of our Lord one thousand eight hundred and twenty- 
four, for the purpose of giving in their votes for Elec- 
tors of President and Vice-President of the United 
States. The whole number of votes given in were 
received, sorted, counted, and declared, and record thereof 
made in open Town meeting, as directed by the resolve, 
passed June 8, A. D. 1824, and were for the following 
persons : — ' 

ELECTORS AT LARGE. 



ELECTORS FOR SUFFOLK DISTRICT. 



50 ELECTORS OF PRES. AND V. PRES. 
ELECTORS FOR ESSEX SOUTH DISTRICT. 



ELECTORS FOR ESSEX NORTH DISTRICT. 



ELECTORS FOR MIDDLESEX DISTRICT. 



ELECTORS FOR WORCESTER S. DISTRICT, 



ELECTORS OF PRES. AND V. PRES. 51 
ELECTORS FOR WORCESTER N. DISTRICT. 



ELECTORS FOR FRANKLIN DISTRICT. 



ELECTORS FOR HAMPDEN DISTRICT. 



ELECTORS FOR BERKSHIRE DISTRICT. 



ELECTORS FOR NORFOLK DISTRICT. 



52 ELECTORS OF PRES. AND V. PRES. 
ELECTORS FOR PLYMOUTH DISTRICT 



ELECTORS FOR BRISTOL DISTRICT. 



ELECTORS FOR BARNSTABLE DISTRICT. 



\ 



Selectmen of 



Town Clerks 



Resolved, That the annexed form of a return of votes 
for Electors of President and Vice-President of the Unit- 
ed States, may be used, and that the Secretary of the Com- 



OVERSEERS OF POOR, ROXBURY. 53 

monwealth be directed to furnish each Town and City in 
the Commonwealth with two copies thereof, and to pro- 
cure a sufficient number to be printed for that purpose. 
And that he also furnish each Town and City with a copy 
of this Resolve, and of the Resolve directing the mode of 
choosing Electors of President and Vice-President of the 
United States. And that the Mayor and Aldermen of the 
City of Boston shall have like power as is hereby granted 
to the Selectmen of the respective Towns in the Common- 
wealth, and with the further power to vary this form, so as 
to apply to their corporate character as constituted by the 
act entitled " An act establishing the City of Boston." 



CHAP. XXII. 

Resolve on the petition of the Overseers of the Poor of Rox- 
bury. June 12th, 1824 

On the petition of the Overseers of the poor in Roxbury, 
praying that a sum of money may be appropriated by the 
Legislature to enable one Francis Williams, a subject of 
Great Britian and Ireland who is now supported by the 
Commonwealth to return home to his native country. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the treasury of this Com- 
monwealth to the said overseers fifty dollars, to enable the 
said Francis Williams to return home, and his Excellency 
the Governor is requested to draw his warrant accordingly, 
provided the said overseers shall produce to him a certifi- 
cate signed by the Master of the vessel in which said Wil- 
liams shall have taken passage. 



34 LA FAYETTE— CONNEC. LINE. 



CHAP. XXIII. 

Resolve providing for an honorable reception of the Mar- 
quis De La Fayette. June 12th, 1824. 

•. . . -i,, . ■ 

Whereas the Marquis De La Fayette may be expect- 
ed to arrive in this country during the present year, There- 
fore 

Resolved^ by the Senate and House of Representatives in 
General Court assembled. That His Excellency the Gov- 
ernor, and the Honorable Council, be requested to make 
such arrangements as will secure to this distinguished 
friend of our country an honorable reception on the part 
of this State, and that His Excellency be authorized to 
draw his warrant upon the treasury for such sum as may 
be necessary for this purpose. 



CHAP. XXIV. 

Resolve on the subject of the boundary line between this 

Commonwealth, and the State of Connecticut 

June 12th, 1824. 

Resolved, that His Excellency the Governor be request- 
ed to write to the Governor of Connecticut, and assure 
him of the sincere desire entertained on the part of Mas- 
sachusetts to have the boundary line between the two 
States, so far as the same is in dispute, settled and deter- 
mined upon just and equitable principles, that the respec- 
tive citizens living on the borders of the States may be 
quieted and relieved from their present troubles and era- 
barrasments, and of our readiness to renew our endeavors 
to accomplish this very desirable object, hoping and be- 
lieving that such information has been obtained from the 
late attempts made by mutual Commissioners on the sub- 
ject, as to render an amicable and satisfactory settlement 
more certain, and easier to be effected. 



STATE HOUSE YARD.— JOSIAH HOLMES. 55 



CHAP. XXV. 

Resolve for the pay of the Committee on alterations of the 
wall in the State House yard. June 12th, 1824. 

Resolved, That there be allowed and paid out of the pub- 
lic treasury, to the Hon. Edward H. Robbins, forty dollars, 
to the Hon. Leonard M. Parker, forty dollars, to the Hon. 
Samuel Dana, forty-five dollars, in full for their services, 
respectively, as a Committee appointed by His Excellen- 
cy the Governor, with advice of Council, conformable to a 
resolve of the 24th of January last, relating to the altera- 
tion of the State House yard, fences and out-buildings ; and 
His Excellency the Governor, with advice of Council, is 
hereby authorized to draw his warrant on the Treasury in 
favor of those persons respectively, for the sums aforesaid. 



CHAP. XXVL 

Resolve authorizing Josiah Holmes to extend a wharf. 
June 12th, 1824. 

On the petition of Josiah Holmes, praying that he may 
be allowed to extend a wharf in Mattapoissett in the town 
of Rochester, in the County of Plymouth, below low water 
mark, and that he have and enjoy the exclusive use of the 
water between his land and the channel of said harbour. 

Resolved, That, for reasons set forth in said petition, the 
said Holmes be, and he hereby is authorized to build or 
extend a wharf below low water mark, to the main chan- 
nel of said harbour, and that he be allowed the exclusive 
use of the water, on each side of said wharf, to a distance 
not exceeding three rods therefrom, between his land and 
the main channel of said harbour : Provided That this 
grant shall in no w ise affect the rights or privileges of any 
person or persons whatever. 



56 COM. LANDS IN BERKSHIRE. 



CHAP. XXVII. 

Resolve on petition of Willys Bartholomew-, and others^ 
authorizing Hon. Jonathan Allen to sell land of the Com- 
monwealth in Berkshire. 

June 12th, 1824. 

On the petition of Willys Bartholomew, Direck and 
J. Spoor, all of Sheffield, in the County of Berkshire ; and 
the report of the Hon. .Jonathan Allen accompanying the 
same. 

Resolved, That the Hon. Jonathan Allen of Pittsfield, in 
the County of Berkshire, be, and he hereby is authorized 
and empowered to sell at public vendue, giving thirty 
days notice of the intended sale, all the land belonging to 
the Commonwealth, in the towns of Sheffield and Mount 
Washington, in the County of Berkshire, and to make and 
execute deeds of release thereof to the purchasers, on their 
giving good and sufficient security to the Treasurer of this 
Commonwealth for the purchase money, payable at such 
times as the said Allen shall think advisable, with interest. 

And be it further resolved, That there be allowed and 
paid out of the public Treasury of this Commonwealth, to 
the Hon. Jonathan Allen, the sum of forty-one dollars, for 
his services in surveying said land, and for the monies he 
has expended in and about the premises. And the Gov- 
ernor is hereby authorized to draw his warrant on the 
Treasurer of this Commonwealth for the payment of the 
same. 



JOSIAH NEWELL. r,7 



CHAP. XXVIIL 

Itesohe on the petition of Josiah J^eivell of Dover, Admin- 

istrator of the estate of Timothy Allen, deceased. 

June 12th, 1824. 

On the petition of Josiah Newell of Dover, in the Coun- 
ty of Norfolk, administrator on the estate of Timothy Al- 
len, late of said Dover, deceased. 

Resolved, by the Senate and House of Representatives of 
the Commonivealth of Massachusetts, in General Court as- 
sembled. That for the reasons set forth in the said petition, 
the sum of one hundred and nine dollars and ninety-three 
tients, being the amount of a certain balance due to said 
Allen, by virtue of a certificate of public debt, dated the 
sixth day of September, A. D. 1792, and No. 997, includ- 
ing interest thereon, according to the laws in such cases 
provided, be paid out of the Treasury in satisfaction of said 
certificate, in the same manner as if the resolve passed the 
20th day of February, A. D. 1818, limiting the time of pay- 
ing the same, had not passed. And His Excellency the 
Governor, with advice of Council, is hereby requested to 
draw his warrant for the payment of the same accord- 
ingly. 



CHAP. XXIX. 

Mesolve granting $600 /or the support, and ediicaiion of 

certain deaf and dumb persons. 

June 12th, 1824. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Superintendent of 
the Asylum of the deaf and dumb at Hartford, the sum of 
six hundred dollars, to be appropriated in equal propor- 
tions, to the support and education of Rayal T, Kollock, 
Elihu Smith, Aaron Fuller, Jr. and Horace Fuller, in the 
Asylum aforesaid. 
8 



58 WARD LOCK.— CLERKS, &c 



CHAP. XXX. 

Resolve for paying Ward Lock. 
June 12th, 1824. 

Resolved^ That there be allowed and paid from the 
Treasury of this Commonwealth, to Ward Lock, assistant 
messenger to the Governor and Council, two dollars for 
each and every day he has been or may be employed in 
that capacity, during the present session of the Council. 



CHAP. XXXI 

Resolve for paying the Clerks of the two Houses of the 
Legislature. June i2th, 1824. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to the Clerk of the Senate and to the 
Clerk of the House of Representatives, and to the assis- 
tant Clerk of the Senate, respectively, six dollars per day 
for each and every day's attendance they have been or may 
be employed in that capacity, during the present session 
of the Legislature : and that there be paid to the Clerk of 
the House of Representatives, the additional sum of four 
dollars for each and every day he may be so employed, in 
consideration of his having performed the whole clerical 
duty of that House ; and the Governor is requested to 
draw his warrant accordingly. 



MESSENGER, &c.— MARTIN WHEELOCK. 59 



CHAP. XXXII. 

Resolve for pay of the Messenger of the General Court. 
June 12th, 1824. 

Resolved^ That there be allowed and paid out of the 
public Treasury, to Jacob Kuhn, in full for his services as 
messenger to the General Court, and for his care of the 
State House, and all other services rendered by him, in- 
cluding those mentioned in a resolve passed on the nine- 
teenth day of October, in the year of our Lord one thous- 
and eight hundred and fourteen, for the year commencing 
the thirtieth day of May last, one thousand dollars, {)aya- 
ble quarter yearly, and His Excellency the Governor with 
the advice of Council, is requested to draw his warrant 
accordingly. 



CHAP. XXXIII. 

Resolve granting Martin Wheelock a pension for three 
years. June 12th, 1824. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Martin Wheelock, of 
Conway, in the County of Franklin, forty dollars a year, 
during three years, should he live so long, in full for a 
wound received when on military duty, in the year one 
thousand eight hundred and eighteen. 



CHAP. XXXIV. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives. 

I transmit to you certain documents, relating to the 
claim of this State upon the General Government. From 
these, it will be perceived, that immediately after it was 



60 MESSAGE. 

known from the letter of the President, under date of the 
22d of December last, that no particular class of the claim 
would be allowed until " the whole had been audited, so 
that the merits of each, under their various classifications, 
might be distinctly seen and perfectly understood." I in- 
structed the Agents by my letter of the 17th January, to 
make an effort to place the claim on a different ground, 
and to urge the allowance of those parts of which the ac- 
counts had been or should be examined, and considered 
free from objection. Pa3^ment having been urgently re- 
quested in conformity with these views, the President re- 
ferred the whole claim to Congress for allowance, in the 
message, of which a copy is herewith transmitted. 

The documents sent ^vith the President's message to 
Congress, being voluminous, were not printed till the mid- 
dle of March. It was thought expedient not to urge the 
commitment of the message and documents till the mem- 
bers of Congress should have time to examine and under- 
stand the merits of the claim. In April, the subject was 
referred to the Committee on military affairs, and early in 
May, they unanimously reported in favor of the claim, 
with a bill providing for its allowance and payment. This 
bill, in respect to militia services, places the State of 
Massachusetts on equal footing with all other States in the 
Union. In respect to services and expenditures for the 
construction of fortifications, and for other measures of de- 
fence, these have not 5^et been presented, but it is presum- 
ed the allowance of these will be made to the State on the 
same footing as allowances for like services and expendi- 
tures have been made to other States. 

The conduct of the claim in regard to its allowance by 
Congress, is considered to be in the care of the Delegates 
from this State and the State of Maine. But as it appears 
from the letter of the Secretary of War, herewith trans- 
mitted, that the passage of the bill at the next session will 
be essentially aided by the complete auditing and a full 
report from that Department of the residue of the claims, 
it is highly necessary that efficient measures be adopted to 
effect this object. 

From the analysis of the documents herewith transmit- 
ted, the history of the negotiations by this State with the 



MESSAGE. 61 

National Government is clearly and succinctly presented 
to view. 

The letters herewith transmitted, shew the actual posi- 
tion of the claim and its prospects of adjustment at the 
next session — the great importance of effecting this de- 
sirable object will not escape the attention of the Leg- 
islature. To this end it is necessary that an efficient agent 
should be immediately and constantly employed, and I re- 
commend to the Legislature to make provision for such an 
agent, with authority to employ a clerk if necessary. 

The accounting officers are directed in auditing the ac- 
counts, to be governed by the principles contained in the 
bill. The National Government have manifested the most 
friendly disposition to accelerate the adjustment of the 
claim, at the approaching session of Congress, and nothing 
certainly should be wanting on the part of the State to se- 
cure the attainment of that object. 

It is gratifying to observe that all the Delegates in Con- 
gress from Maine and Massachusetts are cordially united 
in support of the bill, as reported by the Committee of 
that body. The principle on which the adjustment must 
be made being so clearly understood between the two 
Governments, the claim ought now to be pressed with en- 
ergy and perseverance. 

WILLIAM EUSTIS. 



CHAP. XXXV. 

Resolve relating to the Massachusetts' Claim. 
June 12th, 1824. 

The Committee of both Houses to whom was referred 
the Message of his Excellency the Governor, respecting 



62 MASSACHUSETTS' CLAIM. 

the claim of this Commonwealth on the United States, Re- 
port the following Resolves : 

SETH SPRAGVE.— Chairman. 

Resolved, that it is highly expedient to prosecute the 
claim of this Commonwealth on the General Government 
with activity and diligence, that the present national ad- 
ministration having manifested a disposition to settle the 
claim on just and equitable principles, and a strong desire 
that this should be accomplished at the next session of Con- 
gress, nothing should be wanting to this effect on the part 
of this Commonwealth, the speeily and honorable satisfac- 
tion of the claim being of great moment to its fiscal concerns ; 
His Excellency the Governor is accordingly hereby re- 
quested to hasten the settlement thereof by every just and 
proper measure in his power. 

Resolved, That the Governor be, and he hereby is au^ 
thorized to appoint one agent to prosecute the claim of this 
Commonwealth on the United States to final satisfaction ; 
that such agent, under direction of the Governor, have au- 
thority to employ a clerk, if necessary. And so much of 
the resolve passed the eleventh day of February, A. Di 
1823, authorizing the Governor to appoint an agent or 
agents for the purpose of stating, prosecuting, and advocate 
ing the claima foresaid, be and the same is hereby repeal- 
ed. 

Resolved, That the Governor may make such advances 
from time to time such agent as may be necessary and prop- 
er, not exceeding the rate of compensation of a member 
of Congress, and he is hereby authorized to draw hs war- 
rant on the Treasury accordingly. 

And whereas various occasions of expense may occur in 
order to procure necessary evidence or documents, or for 
hire of a clerk, or for contingencies not easily to be fore- 
seen, Therefore 

Resolved, That the sum of two thousand dollars be ap- 
propriated to defray all such contingent expenses, in the 
further management of the claim, as the Governor with the 
advice of Council shall deem necessary, and he is hereby 



MASSACHUSETTS' CLAIM. 63 

authorized to draw his warrant on the Treasury accord- 
ingly. 

Resolved., That three hundred copies of the message of 
His Excellency the Governor, together with the following 
letters and papers accompanying the same, be printed for 
the use of the members of both Houses, viz. a letter from 
the Hon. George Sullivan to the chairman of the Military 
Committee in Congress, dated April 29th, 1824; extract 
of a letter from the Hon. James Lloyd to His Excellency 
the Governor ; letter from Hon. George Sullivan to the 
Secretary at War, May 28, 1824, and the Secretary's ans- 
wer ; letter of Hon. George Sullivan to His Excellency 
tlie Governor, May 18, 1824; and two letters from the 
same to the same, of the 5th and 8th June current; also 
tlie bill twice read in Congress, authorizing the settlement 
of the claim aforesaid. 

Resolved.^ That the Governor and (council be authorized 
to liquidate on just principles, the accounts of Joseph H. 
Peirce, Esq. an agent of this Commonwealth, and draw his 
warrants on the Treasury for the amount thereof. 

Resolved, That the Governor be autliorized to draw his 
warrant on the Treasury for such further sums as will, 
with the amount already paid to the said Joseph H. Peirce 
and George Sullivan, amount to eight dollars per diem, for 
each, and pay the said Peirce and Sullivan for so many 
days, at that rate, as it shall appear to the Governor and 
Council that said agents have been employed in prosecut- 
ing the claim of the Commonwealth on the Government of 
the United States. 

The Committee further report that Joseph H. Peirce 
and George Sullivan, under their late agency, and in part 
compensation for their services, have received from the 
Treasury the sum of three thousand dollars, which has 
been equally divided between them. 



64 COM. ON ACCOUNTS.— MARY J. GARDNER. 



CHAP. XXXVI. 

Resolve for pay of Committee on accounts. 
June 12th, 1824. 

Resolved^ That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Committee on ac- 
counts, for their attendance on that service during the pre- 
sent session, the sum of one dollar per day, in addition to 
their pay as members of the Legislature, viz : — 

William W. Parrott, twelve days, $ 12. 

Joseph Strong, Jr. 

William Ellis^ 

Cromwell Washburn, 

SilasFelton, 



CHAP. XXXVH. 

Resolve in favor of Mary J. Gardner. 
June 12th, 1824. 

Resolved^ That there be paid out of the Treasury of this 
Commonwealth, to Mary J. Gardner, the sum of four hun* 
dred and eighty-four dollars and fifty cents, for printing 
seventeen hundred copies of the militia laws. 



twelve days. 


12. 


twelve days. 


12. 


twelve days. 


12. 


twelve days, 


12. 



CHAP. XXXVHI. 

Resolve granting $IS00 for the use of the State Prison, 
June 12th, 1824. 

Resolved^ That there be allowed and paid out of the 
public Treasury, for the use of the State Prison, the sum 



STATE PRISON.— FUEL, &c. 65 

of eighteen hundred dollars, to be drawn from the Treas- 
ury by the Directors of said Prison, in such sums as the 
Governor, with the advice of Council, shall from time to 
time direct ; and His Excellency the Governor, with the 
advice of Council, is requested to draw on the Treasury 
for the said sum accordingly. 



CHAP. XXXIX. 

Resolve to furnish the State Prison ivith muskets, Sfc. 
June 12th, 1824. 

Resolved, That His Excellency the Governor be, and he 
is hereby authorized to furnish the Directors of the State 
Prison with fifty muskets, six pair of pistols, and twelve of 
horse-men's swords, belonging to the Commonwealth, for 
the use of the said prison, the said Directors to be account- 
able therefor. 



CHAP. XL. 

Resolve appropriating $ 1000 for the purchase off net, Sfc, 
June 12th, 1824. .: . 

Resolved, That there be paid out of the Treasury of 
this Commonwealth, to Jacob Kuhn, messenger of the Gen- 
eral Court, the sum of one thousand dollars, to enable him 
to purchase fuel, and such other articles as may be neces- 
sary for the use of the General Court, together with the 
Governor and Council Chamber, the Secretary's, Treasur- 
er's, Adjutant General's, and Quarter Master General's 
offices, and also for the Land office ; he to be accountable 
for the expenditure of the same. 
9 



m MESSAGE.— STATE HOUSE YARD. 

CHAP. XLi. 

Gentlemen 0/ the Senate^ and 

Gentlemen of the House of Representatives. 

I transmit by the Secretary, a Report of the Committed 
appointed in pursuance of a Resolve of the Legislature, of 
the twenty -fourth of January last, in relation to an altera- 
tion of the fences about the State House yard. 

WILLIAM EUSTIS. 

Council Chamber, June 2, 1824. 



CHAP. XLIL 

Report of the Committee of both Houses of the Legislature^ 

relative to alterations in the State House yard. 

June 12th, 1824. 

The Committee of both Houses, to whom was referred 
a message from His Excellency tlie Governor, communi- 
cating the report of the Hon. Edward H. Robbins, and 
others, a Committee appointed to consider of such altera- 
tions of the wall on the Eastern and Northern sides of the 
State House yard, as may be proposed by the City author- 
ities of Boston, have had the same under consideration, 
and ask leave to recommend, that said report be accepted, 
and that His Excellency the Governor with advice of 
Council, be authorized and requested to take such meas- 
ures in the premises as he shall deem proper. 

[Read and accepted by both Houses.] 

The Report above referred to, is as follows, viz : — To His 
Excellency the Governor and the Honorable Council of 
the Commonwealth of Massachusetts. The undersigned 
Committee appoiuteU h} your Excellency and Honors, to 



REPORT. 67 

consider of such alterations of the wall on the Eastern and 
Northern sides of the State House Yard, as may be propos- 
ed to be made by the City authorities of Boston, and to 
act thereon according to their judgement, in conformity 
with a Resolve of the Legislature, passed on the 24th day 
of January last, having regard to the interest and conven- 
ience of the Commonwealth and those of the City of Bos- 
ton, ask leave to 

REPORT: 

That they have conferred with a Committee of said author- 
ities, consisting of the Honorable the Mayor and several Al- 
dermen of said City, and have viewed the premises, and 
contemplated the alterations in said resolve, and given the 
subject that careful attention and deliberation which its 
importance seemed to require, and are of opinion, that in 
consequence of the alterations actually made, by lowering 
Sumner-Slreet, and the exposure of the walls of the State 
House Yard, by means thereof, that further security for 
the State House, &c. is indispensibly necessary, and that 
the alterations contemplated by the aforesaid resolve, if 
carried into effect in sucli manner as the character of the 
City Government authorizes us to expect, render it eligible 
under existing circumstances to adopt the same. We do 
therefore by virtue of said resolve and appointment, con- 
sent that the Eastern and Northern walls enclosing the 
State House Yard, and the out buildings adjoining said last 
mentioned wall, may be taken down and removed by the 
Corporation of the City of Boston, and the materials con- 
verted to the use of said City, and three feet of the land 
of the Commonwealth, at the East end of the State House, 
the whole extent of that boundary on Sumner-Street, be 
appropriated to add to the width of said Street as a side 
walk, to be made on the side of said Stieet adjoining the 
State House Yard, not less than six feet in width ; and 
that all the land North of a direct line to be run from the 
most Northerly termination of said East line, after the said 
three feet is taken off, to a point in the West line of the 
State House Yard, two and a half feet South of the North- 
west corner of said Yard, be appropriated to add to the 
jvidth of said Sumner-Streetj as a side walk, and other 



^8 REPORT. 

Street purposes, to be made on the side of said Street ad- 
joiiiing the Northerly part of the State House Yard ; which 
walk shall be not less than six feet in width, provided, as 
an equivalent for tfie lands so appropriated, and an indem- 
nification for the fences and out buildings so to be taken 
down, the said City authorities shall, within four months 
after the termination of the next Session of the General 
Court, erect and finish, on a solid trench foundation, a per- 
manent wall of hammered Stone, laid in lime, on the new 
outside bounds of the State House Yard, excluding there- 
from the aforesaid strij)s of land, containing two thousand 
and twenty square feet, and no more ; excepting onl}', at 
the JNortheast corner of said Yard, the new wall ma}' be 
turned on a curve line, for the greater accommodation of 
the public, not, however, to diverge from the straight lines 
on the East and North sides of said Yard, more then ten 
feet from the point where they would meet at right an- 
gles ; wj^ich wall shall be raised to an height with the 
surface of the earth, on the inside of said Yard adjoining 
said wall, as the same shall be levelled or placed conforma- 
bly to this arrangement, and on said Avails shall place an iron 
picketted fence of uniform height, so that the level of the 
top, shall be not less than four feet above the ground of 
said yard, where the same sliall adjoin said fence, and in 
said east wall, as near the East door of the State House, 
as shall be most convenient, and best calculated to the as- 
cent, shall erect an Iron Gate or Gates, with stone posts, 
and provide and place a suitable llight of stone steps, with 
Iron railings, for a common and convenient entrance to 
said house from Sumner-street ; all constructed and finished 
in a manner corresponding to their appropriate use ; and at 
the west end of said Northerly line, shall erect one double 
and one single iron picketted gate, with stone gate posts, 
conformable to the width of a thoroughfare passage way 
to be made by said Corporation from Sumner-street to the 
west end of the State House, by taking down the earth at 
the west end of the yard and graduating the ascent in the 
most suitable and practical manner, for' the passing of car- 
riages, and to provide a convenient foot way on the east 
side of said carriage way from said street to the State 
House, embracing in the declivity to be made at this place, 
all the land west of a line to be drawn from the North west 



REPORT. 69 

corner of the State House to Sumner-street, nearly parral- 
el with the west bounds of said yard. 

And said Corporation shall, on the west side of said pas- 
sage way, erect suitable edifices, for necessary accommo- 
dation, with ten apartments, so constructed, that each 
shall have attached thereto a moveable utensil, that may 
be taiten away at all times when necessary ; Provided^ the 
arrangement and finishing said edifices, shall be to the ap- 
probation of the Governor and Council ; and shall also from 
the pavements on the North side of the State House, grad- 
uate the descent of the yard Northerly, so far only, as shall 
be necessary to carry off the water that would otherwise 
cc'lect thereon, and at the distance of ten feet from the 
No.tlierly wall aforesaid, shall form a Glacis, the bottom 
of which shall be on a level with the top of said stone 
w^all, and not less than two feet distant therefrom ; which 
wall shall be provided with sufficient apertures to carry 
off the water at all times, and said Glacis shall be continu- 
ed and finished at the west end, and on the easterly side 
of the yard, in a proper manner. And whatever jjreach 
may be made on the pump or contiguous ground, shall be 
repaired and put in order, for convenient use, by said Cor- 
poration. All of which shall be done at the expense of the 
City Government, in manner as expressed in the aforesaid 
resolve. 

Which is respectfully submitted, 

EDWARD H. ROBBINS, 
SAMUEL DANA, 
L. M. PARKER. 

Boston, June 1. 1824. 



ROLL No. 91 JUNE, 1824. 



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

That there is now due the several Corporations and per- 
sons hereafter mentioned, the sums set to their names res- 
pectively ; which, when allowed and paid, will be in full 
discharge of said accounts to the dates therein mentioned^, 
which is respectfully submitted. 

WILLIAM W. PARROTT, Per Order. 



PAUPER ACCOUNTS. 

Amherst, for support of sundry Paupers, to May 

25th, 1824. ^36 00 

Adams, for support of sundry Paupers, to May 

29th, 1824. 242 01 

Boston, for support of sundry Paupers, to 30th 

April, 1824. 4914 83 

Blanford, for support of Sundry Paupers, to May 

26th, 1824. 113 50 

Bellingham, for support of sundry Paupers, to 

May 26th, 1824. 46 80 

Barre, for support of sundry Paupers, to June 

4th, 1824. 93 18 



PAUPER ACCOUNT. 71 

Barrington Great, for support of sundry Paupers, 

to May 26th, 1824. }?> 119 70 

Boxford, for support of sundry Paupers, to May 

31st, 1824, 51 30 

Bridgewater West, for support of Hannah Dase, 

to May 31st, 1824. 6 30 

Belchertown, for support of sundry Paupers, to 

June 1st, 1824. 63 91 

Beverly, for support of sundry Paupers, to June 

1st, 1824. 81 29 

Bedford New, for support of sundry Paupers, to 

April 1st, 1824. 533 36 

Brimfield, for support of sundry Paupers, to June 

1st, 1824. 19 80 

Carlisle, for support of Robert Barber, to May 

26th, 1824. 18 00 

Cheshire, for support of sundry Paupers, to May 

23d, 1824. 102 60 

Concord, for support of sundry Paupers, to May 

31st, 1824. 63 10 

Cambridge, (Alms-house) for support of sundry 

Paupers, to June 1st. 1824. 647 68 

Charlestown, for support of sundry Paupers, to 

June 6th, 1824. 1426 91 

Colrain, for support of sundry Paupers, to May 

22d, 1824. 135 00 

Charleton, for support of Peter Destruce, to April 

13th, 1824. 58 63 

Duxbury, for support of sundry Paupers, to June 

2d, 1824. 24 59 

Dartmouth, for support of sundry Paupers, to 

May 4th, 1824. 113 38 

Dudley, for support of John J. Upum, to May 

20th, 1824. 10 80 

Dan vers, for support of sundry Paupers, to May 

29th, 1824. 177 02 

Deerfield, for support of sundry Paupers, to May 

31st, 1824. 134 27 

Dudley, (Indians' account) for support of same, to 

May 21st, 1824. 124 59 

Essex, (House of Correction) for support of sun- 
dry Paupers, to April 14th, 1824. 484 00 



72 PAUPER ACCOUNT. 

Edgarton, for support of sundry Paupers, to June 

1st, 1824, viz : — Emanuel Salvers, to Mav 

24th, 1824, 46 80 

Barcus Cotney, to June 1st, 1824. 16 20 63 00 

Framingham, for support of sundry Paupers, to 

June 1st, 1824. 64 15 

Granville, for support of sundry Paupers, to May 

28th, 1824. 37 80 

Gill, for support of sundry Paupers, to May 21st, 

1824. 97 60 

Gloucester, for support of sundry Paupers, to 

June 5th, 1824. 313 36 

Hancock, for support of sundry Paupers, to June 

1st, 1824. 69 10 

Holland, for support of Jonathan Hill, to May 

11th, 1824. 17 49 

Hamilton, for support of Allice Cook, to April 

5th, 1824. 46 80 

Ipswich, for support of John O'Brien, to June 

1st, 1824. 46 80 

Leyden, for support of sundry Paupers, to May 

22d, 1824, 84 19 

Lenox, for support of sundry Paupers, to May 

22d, 1824, 109 75 

Lanesborough, for support of sundry Paupers, to 

May 22d, 1824. 66 99 

Lee, for support of sundry Paupers, to May 21st, 

1824. 169 47 

Montague, for support of Edward Cotton, to May 

22d, 1824. 33 42 

Marlborough New, for support of John Stones- 
bury, to February 22d, 1824. 9 90 
Middleborough, for support of sundry Paupers, to 

May 1st, 1824. 101 80 

Milton, for support of sundry Paupers, to June 

2d, 1824. 46 50 

Northfield, for support of Thomas Bailey, to May 

17th, 1824. 45 90 

Northborough, for support of Jacob West, to May 

20th, 1824. 46 80 

Newburyport, for support of sundry Paupers, to 

June 1st, 1824. 804 95 



PAUPER ACCOUNT. 73 

Newbury, for support of sundry Paupers, to June 

1st, 1824. S 768 51 

Northampton, for support of sundry Paupers, to 

June 1st, 1824. 195 73 

Oakham, for support of Tobey Barker, to June 

5th, 1824. 48 15 

Palmer, for support of sundry Paupers, to May 

25th, 1824. 36 00 

Plymouth, for support of sundry Paupers, to June 

4th, 1824. 117 90 

Russell, for support of sundry Paupers, to May 

27th, 1824. 56 70 

Rochester, for support of sundry Paupers, to May 

27th, 1824. 114 11 

Rehoboth, for support of sundry Paupers, to May 

14th, 1824, 229 50 

Rowley, for support of sundry Paupers, to June 

1st, 1824. 45 16 

Roxbury, for support of sundry Paupers, to June 

1st, 1824. 79 15 

Randolph, for support of Francis Mess, to June 

8th, 1824. 35 35 

Swanzey, for support of sundry Paupers, to May 

22d, 1824. 72 26 

Sturbridfi^e, for support of sundry Paupers, to 

June 3d, 1824. 35 10 

Sandisfield, for support of sundry Paupers, to 

May 20th, 1824. 54 00 

Shutesbury, for support of sundry Paupers, to 

May 22d, 1824. 93 60 

Sutton, for support of William Smith, to June 1st, 

1824. 8 99 

Somerset, for support of sundry Paupers, to 

May 24th, 1824. 32 40 

Stockbridge, for support of sundry Paupers, to 

June 1st, 1824. 190 77 

Stoughton, for support of Isaac Williams, Jr. to 

June 1st, 1824. 9 90 

Salem, for support of sundry Paupers, to June 

1st, 1824. 1166 28 

Southwick, for support of sundry Paupers, to 

June 1st, 1824. 78 17 

10 



74 , PAUPER ACCOUNT. 

Springfield West, for support of sundry Paupers, 

to May 22d, 1824. % 124 58 

Sandwich, for support of Esther Raj mond, to 

June 6th, 1824. 18 90 

Tyringham, for support of sundry Paupers, to 

May 26th, 1824. 134 25 

Taunton, for support of sundry Paupers, to May 

31st, 1824. 190 73 

West field, for support of sundry Paupers, to June 

1st, 1824. 118 58 

Washington, for support of sundry Paupers, to 

May 22d, 1824. 64 00 

Ward, for support of sundry Paupers, to May 

6th, 1824. 15 30 

Worthington, for support of sundry Paupers, to 

May 28th, 1824. 46 80 

Westhampton, for support of sundry Paupers, to 

May 20th, 1824. 54 00 

Wilbraham, for support of sundry Paupers, to 

June 4th, 1824. 52 60 

Williamstown, for support of sundry Paupers, to 

May 24th, 1824. 214 90 

Total, % 16,622 89 



SHERIFFS' AND CORONERS' ACCOUNTS. 

May, 1824. 

Thomas Badger, Coroner of Suffolk County, for 

taking inquisitions to June 1st, 1824. % 38 94 

David Blood, Coroner of Middlesex County, for 

inquisitions to June 1st, 1824. 12 64 

Epaphras Hoyt, Sheriff of Franklin County, for 

returning votes to June 1st, 1824. 8 00 

Samuel Hewes, Coroner of Suffolk County, for in- 
quisitions to June. 1st, 1824. 9 00 

Benaijah Mason, Coroner of Bristol County, for 

inquisitions to June 1st, 1824. 2 00 



PRINTERS' AND MESCEL. ACCOUNTS. 75 

Josiah D. Pease, Sheriff of Dukes' County, for 

returning votes to June 1st, 1824. $ 8 00 

Joseph Stowers, Coroner of Suffolk County, for 

inquisitions to May 8th, 1824. 14 04 

Edwin Shears, Coroner of Berkshire County, for 

inquisitions to June 10th, 1824. 13 70 

Oilman White, Coroner of Essex County, for in- 
quisitions to June 1824. 9 90 

Total, $116 22 



PRINTERS^ AND MISCELLANEOUS ACCOUNTS. 

May, 1824. 

William Adams, for Staples, Bolts, &c. to June 
10th, 1824. 

Thomas Aves,Page to House, to June 12th, 1824. 

Ferdinand Andrews, for printing Laws, to June 
1st, 1824. 

James W. Burditt, for Stationary, per account, to 
June 10th, 1824. 

Henry Blaney, for repairing State House, to June 
10th, 1824. 

Henry Bacon, for assisting Messenger, to June 
12th, 1824. 

David Cummins, for examining Dedham Bank. 

Elijah W. Cutting, for assisting Messenger, to 
June 12th, 1824. 

Warren Chase, for assisting Messenger, to June 
12th, 1824. 

Austin Denny, for publishing Laws and Adver- 
tising, to June 1st, 1824. 

William Durant, for Glass furnished, to June 
10th, 1824. 

Denio, Clark, & Tyler, for printing Laws, to June 
1st, 1824. 

Moses L. Hobert, for services rendered on Rains- 
ford Island, Wood, &c. to May 31st, 1824. 



g!l7 


34 


20 


00 


16 


66 


148 


09 


138 


85 


40 


00 


20 


00 


36 


00 


40 


00 


16 


75 


58 


50 


16 


67 


104 44 



7 


56 


12 


oa 


16 


67 


79 


94 


29 


60 



76 MILITARY ACCOUNTS. 

W. & S. B. Ives, for printing Laws and Advertis- 
ing, to May 31st, 1824. $ 22 17 

Jacob Kuhn, for sundries, per bal. of Bill, to June 
10th, 1824, 

John S. Lilie, for Pension list to June 1st, 1824. 

Benjamin Lindsey, for printing Laws, to June 
1st, 1824. 

Josiah Loring, for Stationary, per account, to 
June 10th, 1824. 

Amos Lincoln, for painting, to June 10th, 1824. 

William Matming, for printing Laws, to June 

10th, 1824. ' 16 66 

William Nichols, for furnishing Newspapers, to 

June 10th, 1824. 4 SB 

Frederick A. Packard, for printing Laws, to June 

1st, 1824. 16 67 

Benjamin Russell, for Advertising, furnishing pa- 
pers, &c. as per account, to June 1st, 1824. 123 41 

Asahel Stearns, for examining Dedham Bank. 30 00 

True & Greene, for sundry Printing, as per ac- 
count, to June 8th, 1824. 1026 24 
do. do. for Stationary to Treasurer. 25 00-1051 24 

A. G. Tannett, for printing Laws, to June 1st, 

1824. 16 67 

Nathaniel Willis, for Newspapers, to June 12th, 

1824. 8 76 

Charles Webster, for printing Laws, to June 

11th, 1824. ' 16 66 

Young & Minns, for printing Laws, to June 1st, 

1824. 59 83 



8 2,185 5^ 



MILITARY ACCOUNTS.— /mm^, 1824. 
Aid-de-Camps to Major Generals. 

Etheridge Samuel, to Maj. Gen. of the 3d Divison, 

to June 2d, 1824. S 54 17 

Rice Caleb, to Maj. Gen, Alanson Knox, of the 

4th Division, to January 1st, 1824. 25 00 



MILITARY ACCOUNTS. 77 

Sanderson Simeon, to Maj. Gen. Ivers Jewett, of 

6th Division, to May 6th, 1824. $ 22 92 



Brigade Majors. 

Heard Nathan, Jr. 1st Brigade, 6th Division, to 

January 15th, 1824. 40 00 

Richardson Wyman, 1st Brigade, 3d Division, to 

June 6th, 1824. 40 00 



Adjutants. 

Cook Henry, Act'g. 5th Regiment, 1st Brigade, 

2d Division, to February Ist, 1824. 37 50 

Cleaveland William N. 2d Brigade, 2d Division, 

to May 12th, 1824. 37 50 

Collins Michael, 3d Regiment, 3d Brigade, 5th 

Division, to May 25th, 1824. 25 00 

Colt Ezekiel R. 2d Brigade, 7th Division, to Jan- 
uary 21st, 1824. 28 75 
Callender Daniel L. 2d Brigade, 4th Division, to 

June 1st, 1824. 25 00 

Billings Asahel, 2d Brigade, 4th Division, to May 

22d, 1824. 22 43 

Hamlin Chauncy, 2d Brigade, 7th Division, to 

June 30th, 1823. 6 88 

Hubbard John, 3d Regiment, 1st Brigade, 4th 

Division, to April 25th, 1824. 25 00 

Hay ward Caleb, 2d Regiment, 1st Brigade, 6th 

Division, to May 7th, 1824. 25 Od 

Ide William, Act'g. 2d Brigade, 5th Division, to 

June 1st, 1824. 30 00 

Jones Timothy, 3d Regiment, 1st Brigade, 7th 

Division, to June 1st, 1824. 25 00 

Monroe Harris, 1st Regiment, 2d Brigade, 1st 

Division, to May 22d, 1824. 25 00 

Shepard Amos, 5th Regiment, 2d Brigade, 4th 

Division, to May 13th, 1824. 25 00 

Stow Martin L. 3d Regiment, 1st Brigade, 3d 

Division, to March 24th, 1824. 25 00 



78 MILITARY ACCOUNTS. 

Town John. 1st Brigade, 2d Division, to Februa- 
ry, 20th, 1824. S25 00 

Upton Stephen, 1st Brigade, 2d Division, to Jan- 
uary 21st, 1824. 13 7^ 

Washburn Emory, 1st Regiment, 1st Brigade, 6th 

Division, to June 1st, 1824. 17 85 

Wheaton Jonathan, Jr. 1st Reajiment, 2d Brigade, 

5th Division, to March lst,^1824. 25 00 



»626 75 



Hauling Artillery. 

Burghardt Conrad, 1st Brigade, 7th Division. % 6 00 

Harrington Nathan, 1st Brigade 3d Division. 30 00 

Jones Frederick W. 2d Brigade, 6th Division. 5 00 

Maynard Daniel F. 2d Brigade, 6th Division. 5 00 

Robbins Loring G. 1st Brigade, 7th Division. 3 00 

Vinson John, 1st Brigade, 1st Division. 7 50 

Whiting William, 1st Brigade, 3d Division. 30 00 

Williams Samuel, 2d Brigade, 4th Division. 7 50 

Winslow Joshua, 3d Brigade, 5th Division. 10 24, 

8 104 24 



Court of Inquiry, 


• 


Holden at Dorchester, on the 8th December, 


1823. 


Whereof Col. Royal Turner was President. 




Royal Turner, 


%1 50 


Daniel Brown, 


4 40 


Lemuel Gay, 


5 80 


James Talbot, 


4 90 


Franklin Dexter, 


10 40 


Jacob Bacon, 


50 


Daniel Sanderson, 


74 


Thomas M. Field, 


58 


James Stoddard, 


50 


Aaron Capin, 


82 


Robert Stetson, 


1 00 



MILITARY ACCOUNTS. 79 



Thomas M. Mosely. 
Willard Gay, 
Lewis Withington, 
William Popkin, 
Elisha Ford, 
John Hovey, 


S 1 08 
1 24 

1 28 
74 

2 78 
75 


Court of Inquiry. 


$45 01 



Holden at Bridgewater, March 19th, 1824, 

By direction of Commander in Chief. 

Major General Benjamin Lincoln, 23 99 

Major Timothy G. Coffiin, 15 00 

JS38 99 



Court Martial. 

Holden at Dorchester, 27th February, 1824. 
Whereof Col. Apollos Clapp was President. 
ApoUos Clapp, 
Samuel Hartshorn, Jr. 
Prentiss Hobbs, 
Thomas Taylor, 
Franklin Dexter, 
James Talbot, 
Willard Gay, 
Lewis Withington, 
Thomas M. Mosely, 
Elisha Ford, 



3 


25 


4 


00 


2 


40 


2 


80 


5 


40 


3 


00 




74 




82 




58 


3 


02 



$26 01 



Court Martial 



Holden at Grafton, 24th March, 1824. 
Whereof Col. Franklin Gregory was President. 

Franklin Gregory, 13 80 

Joel Gleason, 7 10 



80 MILITARY ACCOUNTS. 

Charles Heald, $ 6 50 

Joel Barnard, 8 10 

Peter Richardson, 8 30 

John Davis, 13 00 

Emory Washburn, 7 40 

Lewis Mills, 2 40 

Joshua W. Leland, 1 16 

Otis Adams, 1 08 

Luke Leland, 1 16 

Austin Holbrook, 1 20 

Henry P. Warren, 1 24 

Moses H. Adams, 1 24 

Samuel Hall, Jr. 1 08 

D. Shearman, 62 

Edward T. Mills, 60 

8 75 78 



Aggregate of Roll Mo. 91. 

Expense of State Paupers, 16,622 89 

Sheriffs and Coroners, 116 22 

Printers and Miscellaneous, 2,185 52 

Military, 916 98 

Si 9,841 6 J 



a 


a 


a 


a 


ti 


a 



Resolved, That there be allowed and paid out of the 
public Treasury, to the several Corporations and persons 
mentioned in this Roll, the sums set against such Corpor- 
ations and persons names, respectively, amounting in the 
whole to nineteen thousand, eight hundred and forty-one 
dollars sixty-one cents, the same being in full discharge of 
the accounts and demands to which they refer. 

In Senate, June 12, 1824. — Read and passed. Sent down for con- 
currcucc* 

NATH'L. SILSBEE, President. 

House of Representatives, June 12, 1824. — Twice read and concurred. 

WILLIAM C. JARVIS, Speaker. 

June 12, 1824. — Approved. 

WILLIAM EUSTIS. 



SECRETARY'S OFFICE, SEPTEMBER 16, 1824. 

I HEREBY CERTIFY, that I have compared the Resolves, print- 
ed \u this pamphlet, vvdth the originals as passed by the Legislature, 
at their session in Maj and June last, and that they appear to be 
correct 

EDWARD D. BANGS, 

Secretary of the CommontveaUh, 



11 



INDEX 

TO RESOLVES OF MAY AND JUNE SESSION, 

1824. 



A. 

Allen Hon. Jonathan authorized to sell Commonwealth's land in 

Berkshire, ---------56 

" pay granted for survey of land in Berkshire, &c. - 56 

Allen Timothy. — The Administrator on his estate to be paid the 

amount of a certificate of public debt, - - - - 57 

B. 

Berkshire, Hon. Jonathan AUen^ authorized to sell Commou- 

\yealth's land in, -------- 56 

Bliss Abel, refunded the amount of a bill of cost, - - - 36 

Bridgewater and East Bridgewater, authorized to assess their 

proportions of State and County taxes, - - - - 44 

Burnside Samuel, empowered to take care of Commonwealth's 

land in Holden, --------45 

c. 

Clerks of the General Court, pay granted, - - - - 58 

Coffin Geo. W. empowered to dispose of real estate of Thomas 

F. King, a minor, - - 46 

Commissioners on the subject of alterations on the eastern and 

northern sides of the State House yard granted pay, - 55 

Committee on Accounts, pay granted ----- 64 

" " Roll No 91, 70 

" to confer with the Directors of the Asylum for deaf 
and dumb, --._. .. _ 47 

Connecticut, line between it and ^tassachu3ett8 — Governor re- 
quested to write to the Governor of Connecticut concern- 
ing .------. 54 

Council, pay of Members established, - - - - 35 

Court General, pay of Members established - - - 3S 



INDEX. a 

D. 

Deaf and Dumb, Committee to confer with the Directors of the 

Asylum for, ------ 4f 

" Grant for the education of R. T. Kollock and 

others, _.--.-- 57 

E. 

Electors of President and Vice President of the United States, 

mode of choosing directed, ... 40 

'* when to meet, ----- 40 

" may fill vacancies, - - - - 40 

" form of return of votes for, - - - 49 

" Secretary to furnish towns, &c. with cop- 
ies of the resolve directing the mode of 
choosing, and with forms for return of votes 
for, 53 

F. 

Farley Ebenezer, authorized to sell estate of certain minors, - 38 
Fayette Marquis De La. — The Governor requested to make 

arrangements for his honorable reception, . - - 54 

Fuller Aaron, Jr. grant for education of, - - - - 57 

" Horace, " - - - - 57 

G. 

Gardner Mary J. allowed for the printing of Militia Laws, - 64 

Governor, his speech, .---_-. 19 

" '* Answer of the Senate to, - - - 26 

*' *' Answer of the House to, - - - 30 

" his message, transmitting a letter from the Hon. Mr. 
Lloyd, with documents, relative to a 
survey of Buzzard's and Barnstable 

Bays, 35 

" " relative to a lot of land in Scituate which 

has escheated to the Commonwealth, 43 

** " relative to the claim on the United States 

for services of the Militia in the late 
war, ----- 59 



iii INDEX. 

Governor requested to cause an engraving to be made from the 
portrait of J. Winthrop, and to deliver the plate with 
impressions to the Historical Society, _ . - 39 

*' authorized to appoint an agent to sell a lot of land in 

Scituate, which has escheated to the Commonwealth, 4S 

authorized to appoint Commissioners to negotiate with 
the proprietors of land next westerly of the State 
House yard, ..___-- 4B 

" requested to make arrangements for an honorable re- 
ception of the Marquis De La Fayette, - - 54 

" requested to write to the Governor of Connecticut, 
desiring a settlement of the disputed boundary between 
that State and Massachusetts, _ _ _ - 54 

*' authorized to appoint an Agent to prosecute the claim 

against the United States, - , - - - 62 

*' authorized to make advances to the Agent for prosecut- 
ing the claim against the United States, - - 6^ 

^' autliorized to draw his warrant to defray contingent 
expences in the further management of the claim 
against the United States, _ _ . . - 63 

*' authorized to liqiadate the accounts of Joseph H. 
Peirce, Esq. late an Agent for prosecuting the claim 
agamst the United States, - - - - - 6S 

*' authorized to draw his warrants for what may be found 
due to Hon. G. Sullivan, and J. H. Peirce, Esq. late 
Agents for prosecuting the claim against the United 
States, ---. --._ 53 

H. 

Historical Society — 350 copies of Winthrop's History of New 

England to be taken by the Commonwealth, 39 

" Engraving from the portrait of Gov. Win- 

throp and impressions to be delivered to, 39 

Holmes Josiah, authorized to extend a wharf in Rochester, - 55 

J- 

Jop John, sale of real estate of Benjamin H. Jop authorized, - 38 

K. 

Kollock Royal T. grant for education of, - - - 57 



INDEX. iv 

Kuhn Jacob, Messenger of the General Court, pay granted, - 59 

<' <* " " grant for fuel, &c. - 65 

L. 

Land, Commonwealth's, in Holden, S. M. Burnside, authorized 

to take care of, __------ 45 

<' Commonwealth's, in Scituate, Governor authorized to 

appoint an Agent to sell, ------ 43 

Line between the Commonwealth and Connecticut, the Governor 

requested to write to the Gov. of Connecticut concerning, 54 

Locks and Canals on Connecticut river, Solicitor General to insti- 
tute a process, -.------36 

Lock Ward, Assistant Messenger, pay granted, - - - 58 

N. 

Newell Josiah, Administrator on estate of Timothy Allen, the 

amount of a certificate of public debt to be paid to, - 57 

o. 

Osborn Catharine McCawley, authorized to sell real estate, - 41 

P. 

Perkins Thomas, empowered to sell real estate of certain minors, - 45 

Phillips Sally, authorized to convey estate of certain minors, - S7 

Prison State, appropriation for, ----- 64 

" muskets &c. to be furnished the Directors, - - 65 

R. 

Roxbury, overseers of the poor granted §50 for the purpose of 

sending home F. Williams, a foreigner and Pauper, - 53 

s. 

Scituate, the Governor is authorized to appoint an Agent for the 

sale of a lot of land in, -__.,- 43 

Secretary, directed to furnish towns, &c. with copies of the resolve 
prescribing the mode of choosing Electors of President, &c. 
and with the form for returning votes for, - - - 53 

Smead Solomon, Esq. and others. Solicitor General to institute a 
process against the proprietors of the Locks and Canals on 
Connecticut river, __.--_ -36 

Smith Elihu, grant for education of, - - - - - 57 



V INDEX. 

Smith Stephen, authorized to hold real estate in this Commonwealth, 42 
Solicitor General, to institute a suit against the proprietors of the 

Locks and Canals on Connecticut river, ... 36. 

State House yard, Commissioners on the subject of alterations on 

the eastern and northern sides granted pay, - - 55 

State House yard, the Governor authorized to appoint Commis- 
sioners to negociate with the proprietors of land 
on the western boundary of, - - - - - 48 
a <* yard, i^eport of Commissioners relative to proposed 

alterations on the eastern and northern boundary accepted, 66 

T. 

Treasurer, authorized to borrow money, - - - _ 47 

w. 

Wheelock Martin, a pension granted him for three years, - 69 



J3 



RESOLVES 



OF 

THE GENERAL COURT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS. 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE FIFTH OF JANUARY, AND ENDED ON 

SATURDAY, THE TWENTY SIXTH OF FEBRUARY, ONE THOUSAND EIGHT 

HUNDRED AND TWENTY-FIVE. 

GOVERNOR S MESSAGE. 



Mis Excellency the Governor sent down from the Council 
Chamber, by the Secretary of the Commonwealth, to 
the Senate and House of Representatives, the following 

MESSAGE. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives. 

I congratulate you, on your assembling to resume your 
legislative duties, upon the accession of a new year, a 
retrospect from which on the year that is past affords so 
much cause of satisfaction. Since the last session, noth- 
ing has occurred to disturb the public tranquillity, or to 



«4 GOVERNOR'S MESSAGE. 

interrupt the enjoyment of those blessings with which 
we have been indulged by a munificent providence. The 
personal ease and independence of our fellow citizens, 
with the general prosperity which prevails, attest the 
adaptation of our constitution and laws to the present 
state of our population. The frank and lucid exposition 
of our national concerns by the President of the United 
States, in his late message to Congress, which is probably 
among the last acts of his public life, must be truly grati- 
fying to every American. The acquisition of the Flori- 
das, which was indispensable to complete our maritime 
frontier, for the consideration of five millions of dollars 
paid to our own citizens for spoliations on their com- 
merce, was of itself sufficient for the fame of any one ad- 
ministration. In addition to this, the reduction of more than 
thirty-seven millions of the public debt, consistently with 
the preservation and improvement of the national estab- 
lishments, will transmit to a grateful posterity the able 
and faithful administration of President Monroe. 

Governments, like all other human institutions, have 
their rise, progress, and decline. — Ours has, in its pro- 
gress, been marked with unusual success. The wise le- 
gislator will seize this occasion to reflect on the promi- 
nent causey of our prosperity, and to foster them ; at the 
same time, casting his eyes around him, he will discern, 
whether at home or abroad, those evils which may lead 
to less auspicious results. Rational liberty can have no 
permanent existence, where the rights of property are not 
secured. — Our ancestors, sensible of this truth, founded 
all their civil institutions on its possession and distribu- 
tion. With these simple elementary principles our polit- 
ical edifices were constructed and have flourished, pre- 
senting us to the world a new nation under the form of a 



GOVERNOR'S MESSAGE. 85 

federal government. Soon after this auspicious event 
took place, a flame burst forth in Europe, which shook 
every kingdom to its centre, and opened a field of specu- 
lation thitherto unknown to the civilized world. Although 
the scene became perilous, the adventurous spirit, the ac- 
tivity and enterprise of our citizens found the means of 
accumulating an immense capital. The acquisition of 
this capital enabled our country to assume an erect pos- 
ture on its own basis ; for however rich in territorial pos- 
sessions a nation may be, an active capital, with a corres- 
ponding credit, constitute in a great degree the means of 
assuring her against foreign aggressions. Such has been 
the accumulation of wealth, that if a loan is now required 
by government, our own citizens are competent to fill it, 
and thus to become the creditors of their country. 

If we look to the nation from which we derived our or- 
igin, we shall find that, seeing the folly of monopolies and 
restrictions, they have lately appointed for the adminis- 
tration of their affairs, men of more enlarged view^s and 
superior talents, under wbose auspices their fiscal con- 
cerns have assumed an entirely new face. — They com- 
menced by adopting as a basis, the truly just principle of 
a fair competition in every pursuit, and by applying their 
immense capital, the factitious aids of steam and water 
powers, with the skill and steady industry of their people, 
to their commerce and manufactures, and more especially 
to the last. By the instrumentality of these means, they 
have been enabled to reduce a part of their taxes, to pro- 
vide for their annual expenditures, to apply a balance of 
four millions, as a sinking fund, to reduce the national 
debt, to become lenders to almost all the other states in 
Europe and in South America, and to control in a great 
degree, the views and operations of other governments. 



86 GOVERNOR'S MESSAGE. 

With all the light of this invaluable and astonishing 
stock of experience, in every mechanical, manufacturing, 
and agricultural art, laid open to the Amencan people 
(unburdened by taxes, test laws, restrictions or monopo- 
lies,) they will not fail to perceive that the wealth and 
strength of a nation is but the aggregate of the wealth 
and strength of the individuals who compose it. Every 
citizen, therefore, desirous of combining personal ad- 
vancement with the public prosperity, will emulate and 
second the spirit of the age, by selecting and prosecuting 
with persevering industry such objects of pursuit as are 
most congenial to his habits, capacities, or his territorial 
situation. 

Next to the preservation of those institutions which 
have favored our prosperity, a cultivation of the natural 
advantages and resources of the State, claims attention. 
This leads to the subject of internal improvements. The 
numerous rivers and lakes which intersect and embosom 
' our territory, are destined, at no distant period, to be uni- 
ted by canals, and to concentrate the agricultural, the 
manufacturing, and commercial interests of the state. 
While other states are leading the way in improvements 
within their territorial limits, on a great scale, and at great 
expense, the citizens of Blassachusetts cannot be indiffer- 
ent spectators of their progress, or of the benefits deri- 
ved therefrom. The experience furnished by works of 
this kind already constructed, favors the execution of oth- 
ers, on a reduced scale of expense. 

In the year 1818, a company was incorporated to cut a 
canal from Buzzard's Bay to Barnstable Bay. The act of 
incorporation would have expired by its own limitation in 
March last, but was renewed in February last. An in- 
quiry into the causes which have delayed the execution 



GOVERNOR'S MESSAGE. 87 

of this work may afford information which wilLenable the 
Legislature to determine whether its usefuhiess will jus- 
tify their extending to it the aid of the State. From the 
surveys and examinations which have been made, there 
can be no doubt of its practicability ; of its ultimate util- 
ity there can be as little doubt. 

The navigation of our coast from Cape Cod to Cape 
Sable, and particularly that of Boston Bay, is considered 
hazardous, and in the winter season, from the prevalence 
of westerly winds and currents, is a terror to seamen. If 
the port of Boston could once be assured to vessels by 
making Block Island, and stretching over to the mouth of a 
canal through Cape Cod, the risk would be totally chan- 
ged. Our Indiamen and other foreign vessels arriving at 
that season of the year, instead of Newport and New 
York, would make for Boston. 

The apparent objection that the canal will be liable to 
be frozen in the winter, is removed in a great degree, 
from the consideration that its projection into the Atlan- 
tic Ocean exempts it from the severe frosts to which in- 
land canals are liable. A canal through Cape Cod is also 
to be considered as a link in the chain of an interior water 
communication, which within a short period will connect 
the Northern, Southern, and Western States, of great and 
increasing usefulness, and in the event of war, of incalcu- 
lable advantage. 

The Middlesex Canal, the first constructed in the Uni- 
ted States, must increase in usefulness and importance, 
from the extensive manufactories rising up in its vicinity, 
and admits of great improvement. 

It has also been contemplated to unite the waters of 
Narraganset Bay with those of Massachusetts Bay, by 



88 GOVERNOR'S MESSAGE. 

Taunton and Weymouth Rivers, as appears by a plan in 
the Secretary's office. 

In the year 1792, a plan was formed, which is also in 
the Secretary's office, and an act of incorporation was 
granted, for connecting by canals the waters of the Con- 
necticut with those of the Merrimac River. More re- 
cently an act of incorporation was granted for a canal 
from the town of Worcester, by way of the Blackstone 
River. Obstacles not anticipated at the lime, have hith- 
erto prevented the execution of this design. 

A water communication from Boston to and through the 
western parts of the state would tend greatly to advance 
the interests of agriculture and of the numerous manufacto- 
ries established in the interior. The immense reservoirs 
of water contained in the lakes between Worcester and 
the capital (any one of which is far greater than that, 
which, collected by a wall of masonry and at a large ex- 
pense, supplies the celebrated canal of Languedoc in the 
south of France,) with their elevation above the tide wa- 
ters, and their proximity to the heads of rivers leading to 
the seaboard, instead of sleeping out their existence within 
their present bounds, appear to have been designed to ac- 
commodate and enrich the inhabitants and the territo- 
ries through which they are destined at no distant day to 
pass. 

The present state of the Treasury will not, I am sen- 
sible, admit of ttie application of funds to any considera- 
ble amount to objects of this nature. The time may, it is 
hoped, not be distant, when the state may be able to as- 
sist enterprising and public spirited individuals who may 
engage in them. My present object is to present the 
subject to the view of the Legislature ; and when it is 
considered that works of this kind require examinations, 



GOVERNOR'S MESSAGE. 89 

surveys, and calculations, previous to their commence- 
ment, it is hoped the communication will not be thought 
premature. Should the Legislature be disposed to pay- 
attention to the subject at their present session, I would 
take the liberty of suggesting the expediency of appoint- 
ing, or of authorizing the employment, temporarily, of a 
civil engineer to make surveys, examinations, and reports 
relative to such routes or places as the Legislature may 
designate. The information thus acquired, and deposited 
in the public archives, would be alike useful to the state 
and to those citizens whose enterprise and wealth may 
prompt them to engage in works of public utility ; while 
the expense attending such surveys would be inconsider- 
able. An idea has prevailed with many of our fellow cit- 
izens, that works of such magnitude and general useful- 
ness should be performed by the Federal Government. 
To such it is a sufficient answer, — that the power to cut 
canals througn the states is not among the powers grant- 
ed to Congress by the constitution. 

The erection of a monument on Bunker's Hill is anoth- 
er work of a public nature, in which our fellow citizens 
have taken a great interest. For this purpose an act of 
incorporation was granted, and it is believed that ade- 
quate funds will be raised bj^ voluntary subscription. I 
recommend a revision of the act, that two conditions may 
be added ; first, that a plan or model be submitted to the 
Legislature for their approbation previous to the con- 
struction of the monument; and, secondly, that when it 
is completed it shall revert to the Commonwealth. Should 
the funds prove insufficient for the completion of such a 
work as is worthy of the occasion, and becoming the 
character of the State, I do not permit myself to doubt 

that aid will be afforded by an enlightened Legislature. 
12 



90 GOVERNOR'S MESSAGE. 

To commemorate one of the principal events of the 
Revolution, to consecrate the field in Massachusetts on 
which, in the first stages of the war, our heroes and 
statesmen sealed with their blood the principles they had 
sworn to maintain, where a disciplined enemy received 
from a hardy, untutored yeomanry, a lesson which produ- 
ced the most beneficial consequences through the whole 
of the revolutionary war, is worthy the care of the pat- 
riot and statesman. The splendid column on Bunker's 
Hill will unite principles with histor}^, patriotism with 
glory. It will be read by all — its moral will strike deep 
into the heart, and leave an indelible impression on the 
mind. The trust is too sacred, the work too important, 
to rest exclusively in the charge of individuals; it should 
be a common property, in which every citizen should 
have a right ; as it will be the pride, it should also be the 
property of the Commonwealth. 

The improvement and a more perfect concentration of 
the moral and physical powers of the State is required, 
by her ancient fame, by a regard to her actual independ- 
ence, and by her correlative duties to her sister States. 
For these purposes a revision of our Militia System ap- 
pears to be necessary. Aware of the repeated recom- 
mendations of this subject to the Legislature, an actual 
observation of this institution for more than half a cen- 
tury, with much reflection on its vital importance to the 
dearest interests of the State, impels me agam to present 
it for consideration. There can be no doubt that addi- 
tional provisions for calling out and training the militia 
may be advantageously made. This however does not 
remedy the great evil which is the source of universal 
complaint. Those whom the law requires to bear arms 
would not repine at the duties imposed on them, were it 



GOVERNOR'S MESSAGE. 91 

not that other citizens, many of whom are more able than 
themselves to bear the burthen, are exempted from duty, 
and that thus it is rendered unequa^. To restore or to 
furnish an equivalent for this inequality appears to be an 
act of common justice, — The first -and most efficient 
means of doing this is to diminish the number of ex- 
empts, and to approximate more nearly to the truly re- 
publican principle, that every able bodied citizen, of a 
suitable age, shall be obliged by law to bear arms. — That 
there must be exceptions to this rule is conceded, which 
may however be provided for consistently with the pre- 
servation of the principle. Should this be objected to, 
another means of providing against'lhe inequality of du- 
ty and expense imposed on those whom the law obliges 
to perform military service, consists in exempting them 
from some other tax or duty levied in common on all the 
citizens, as that of the poll tax. — A spirit of patriotism, 
with an ambition to render themselves the efficient de- 
fenders of their country, have prompted the militia to 
make great exertions at great individual expense, while 
their military knowledge and proficiency in modern dis- 
cipline, reflects honor on the State, and strongly recom- 
mend them to the protection of its government. 

Agreeably to the anticipations of the Legislature, that 
distinguished friend of. our country, Gen. Lafayette, 
made a visit to the State in the month of August. By 
the civil and military authorities, and by the citizens of 
every description, he was received in a manner highly 
expressive of their sense of the important services which 
he had rendered to the country. Our glorious revolution 
was presented in a new light to a grateful people, in the 
person of one of its most efficient and gallant defenders. 
An account of the disbursements made under the author- 



92 GOVERNOR'S MESSAGE. 

ity of the resolve of the 12th of June last, is herewith 
transmitted in the report of the Adjutant General. 

The state of the Treasury will be laid before you, and 
will shew that a balance of cash was on hand on the first 
day of January, 1825, amounting to $29,579 68. 

I transmit a representation from the agent of Eastern 
lands of this Commonwealth, and the agent of the State 
of Maine, which appears to require attention. 

The much-lamented death of the Honorable Abraham 
Lincoln, has occasioned a vacancy at the Council Board, 
which the Legislature may think proper to fill. 

A communication relative to the Claim of the State 
upon the United States, and to the affairs of the State 
Prison, as well as to other concerns, will be made hereaf- 
ter. 

In all measures tending to promote the public welfare, 
the Legislature may rely upon my co-operation. 

WILLIAM EUSTIS. 

Council Chamber f January 6, 1825. 



MASSACHUETTS CLAIM— J. KUHN. 93 



CHAP. XLIII. 

Resolve relating to the Massachusetts Claim. 
January 13th, 1825. 

Resolved^ That the Senators of this Commonwealth in 
Congress, be instructed, and the Representatives request- 
ed, to urge, at their present Session, the adjustment of the 
claim of Massachusetts on the Government of the United 
States, for disbursements necessary in the Common- 
wealth's defence during the late war, and that the admis- 
sion of its justice and validity, so far as it has been ex- 
pressed by the authorities of the National Government, is 
duly appreciated. 

Resolved, That His Excellency the Governor be, and 
he hereby is requested to cause this resolve to be commu- 
nicated to the several Senators and Representatives from 
this Commonwealth in Congress, and that they are desired 
to lay the same before Congress, in such manner as they 
may think proper. 



CHAP. XLIV. 

Resolve Granting J. Kuhn, % 200 for fuel, 8fc. 
January 13th, 1825. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to Jacob Kuhn, Messen- 
ger of the General Court, the sum of two hundred dollars, 
to enable him to purchase fuel and such other articles as 
may be necessary for the use of the General Court, to- 
gether with the Governor and Council Chamber, the Se- 
cretary's, Treasurer's, Adjutant General's and Quarter 
Master General Offices, and also for the Land Office, he 
to be accountable for the expenditure of the same. 



94 MESSAGE— JAMES MONROE, ESQ. 



CHAP. XLV. 

Gentlemen of the Senate^ and 

Gentlemen of the House of Representatives. 

By the Report of the Adjutant General, herewith trans- 
mitted, you will perceive that a vacancy exists in the of- 
fice of Major General of the 4th Division of the Militia. 

You will also learn from the petition of Francis Nye, jr. 
Captain of a standing Company of Infantry in the 1st 
Regiment, 3d Brigade, 5th Division, and other papers 
which have been submitted to me by the Adjutant Gener- 
al, and which are referred to in his report, that difficulties 
exist in carrying into effect the requisitions of the militia 
law, which seem to require legislative intervention. 

WILLIAM EUSTIS. 

Council Chamber, January \oth^ 1825. 



CHAP. XLVL 

Resolve expressing the feelings of the Legislature towards 

James Monroe, Esq. President of the United States. 

Jaguar}/ 15th, 1825. 

Whereas the term of office of James Monroe, Presi- 
dent of the United States, will expire on the 4th day of 
March next ; and whereas the acknowledgment by a free 
and enlightened people, of their approbation and gratitude, 
to those who faithfully, impartially, and in accordance 
with the Constitution, administer the Government com- 
mitted to their charge, is right and proper, and must at all 
times be received by the true patriot with pleasure and 
satisfaction. Be it therefore 

Resolved, That this Legislature, convinced that James 
Monroe, President of the United States, has rendered 



MESSAGE. 95 

great, essential, and important services to his country, feel 
it a duty to offer him the sentiments of their high consid- 
eration, respect and esteem. 

Resolved, That this Legislature do approve of the truly 
republican, wise, and successful administration of James 
Monroe, President of the United States, under whose ad- 
ministration, by the blessing of Divine Providence, peace 
has been preserved to the nation ; and that when he shall 
retire from office, he will carry with him the sincere wish- 
es of this Legislature, for his future health, prosperity, and 
happiness. 

Resolved, That His Excellency the Governor be re- 
quested to communicate these resolutions to the President 
of the United States. 



CHAP. XLVH. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

Agreeably to the request of the Governor of Georgia, 
I herewith transmit a copy of a Resolution, recently pas- 
sed by the Legislature of that State, relative to a Reso- 
lution of the State of Ohio, which was communicated by 
me to the Legislature in January last. 

WILLIAM EUSTIS. 

Council Chamber, January 17, 1825. 



% AMOS BANCROFT, ESQ. 

CHAP. XL VIII. 

Resolve authorizing ^imos Bancroft^ Esquire^ to sell and 
convey the interest of his four minor childrtn in certain 
Real Estate in Boston. January 18, 1825. 

On the petition of Amos Bancroft, Esquire, father, and 
legal guardian of William Savage Bancroft, Sarah Jane 
Bancroft, Mary Ann Bancroft, and Amos Bigeolw Ban- 
croft, all Minors. 

Resolved^ for reasons set forth in the Petition 
aforesaid, that the said Amos Bancroft be, and he is here- 
by authorized and empowered, by deed, under his 
hand knd seal, to sell and convey to the City of Boston, 
the whole of said minors' interest and estate in a certain 
house or store in Swing Bridge Court, so called, other- 
wise called Roe Buck Place, in said Boston, derived to 
them by force of the last will and testament of their ma- 
ternal grandfather, Henry Bass, late of said Boston, mer- 
chant, deceased ; to have and to hold the same, with the 
appurtenances thereto belonging, to the said City of Bos- 
ton, the successors and assigns of the same, forever ; 
which deed, acknowledged by him and duly recorded, 
shall be valid and effectual to pass the said interest and 
estate of said minors to all intents and purposes whatever ; 
Provided^ That the said Amos Bancroft, shall first give 
bond, with sufficient surety or surities, to the Judge of 
Probate in the County of Middlesex, his successors and 
assigns, to render a true account of said sale, before such 
Judge, upon oath, within one year from the time of such 
sale, and to secure and preserve the said minors' shares of 
the principal sum for which the said interest and estate 
shall be sold as aforesaid, being one fifth part thereof, 
each, to be paid to them, respectively, upon the death of 
their grandmother, Sarah Bass, and of Sarah their mother, 
wife of said Amos Bancroft, being the time limited and 
appointed in and by said will, when the said interest and 
estate should accrue and come to them and their heirs., 
and to perform and execute the duty and trust of guardiaii 
faithfully in all things relating thereto, according to the 



SURVEY AT NANTUCKET— MESSAGE. 97 

true intendment of law. But nothing in such bond con- 
tained shall be construed to hold the said Amos Bancroft, 
or his surety or sureties, accountable to the said minors or 
either of them, for their shares of said principal, or any 
part thereof, if he the said Amos Bancroft, or his surety 
or sureties, shall be holden to be accountable for the same, 
by force of the bond which he has already given to said 
Judge, for the general performance of the duty and trust 
of his said office. 



CHAP. XLIX. 

Resolve relating to a Survey at Nantucket and the wafers 
in the vicinity thereof, 

January 21st, 1825. 

Resolved, That the Senators of this Commonwealth in 
the Congress of the United States, be, and they hereby 
are instructed, and the Representatives requested, to use 
their endeavors to obtain a survey under the authority of 
the Government of the United States, at Nantucket, in 
this Commonwealth, and the waters in the vicinity there- 
of, with a view to ascertain the practicability of con- 
structing a harbor at that place. 

Resolved, That His Excellency the Governor, be, and 
he hereby is, requested to transmit to each of the Sena- 
tors and Representatives of this Commonwealth, in Con- 
gress, a copy of the foregoing resolution. 



CHAP. L. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

At the request of the Governor of Rhode Island, I 
herewith transmit a copy of a Resolution, passed by the 
General Assembly of that State, proposing the appoint- 
13 



98 BRISTOL AG. SOC— GRAM. SCH. IN IPS. 

ment of Arbitrators "to settle and define the boundary 
line" betxveen the north part of Rhode Island and this 
Commonwealth, 

WILLIAM EUSTIS. 

Council Chamber^ January 25, 1825. 



CHAP. LI, 

Resolve in favor of Bristol Agricultural /Society. 
January 25th, 1825. 

On the petition [of] Samuel Crocker and others : 

Resolved^ For reasons set forth in said petition, That 
there be allowed and paid, out of the Treasury of this 
Commonwealth, to the Treasurer of the Bristol County 
Agricultural Society, for the use of said Society, the sum 
of one hundred and sixty-one dollars ; and His Excellen- 
cy the Governor, with the advice of the Council, is here* 
by requested to draw his warrant for the payment of the 
same accordingly. 



CHAP. LIL 

Resolve in favor of the Grammar School in Ipstvich. 
January 25th, 1825. 

On the petition of the feofees of the Grammar School 
in Ipswich, in the county of Essex, praying that they 
may be authorized and empowered to exchange all the 
interest and right of said School in Turners Hill pasture, 
so called, in said town, with Mr. Amos Gould, for fifteen 
old rights on Jeffries Neck pasture in said town ; there-^ 
fore, tor the reasons set forth in said petition — 



PAY OF COMMITTEE. 99 

Resolved, That the said feofees be, and they hereby 
are authorized and empowered to make, execute and de- 
liver to said Amos Gould, a good and sufficient Deed of 
the said interest on said Turners Hill pasture, being equal 
to three and an half old rights in said pasture, which 
deed, duly acknowledged and recorded, shall be valid in 
law to convey and give a good title to the interest in said 
Turners Hill : Provided, said Amos Gould shall make 
and execute a good and sufficient Deed of fifteen old 
rights on said Jeffries Neck to the said feofees of said 
Grammar School, to hold to them and their successors 
forever, to the use of said Grammar School. 



CHAP. LHI. / 

Resolve for paying the Committee appointed to investi- 
gate the affairs of the Amherst Collegiate Institution. 

January 25th, 1825. 

Resolved, That there be allowed and paid, out of the 
Public Treasury, to the Committee appointed by the 
House of Representatives at the last session of the Gen- 
eral Court, for the purpose of investigating the affairs of 
the Collegiate Institution at Amherst, in full for their at- 
tendance, travel, and expenses, the several sums follow- 
ing, VIZ : 

To Charles P. Phelps, sixty-four dollars. 
** Joseph E. Sprague, ninety-four dollars. 
" John W. Lincoln, eighty-one dollars. 
" Redford Webster, eighty-nine dollars. 
" Barney Smith, ninety-one dollars. 



iOO JONATHAN SIMON DS— PATIENCE PIGGIN. 

CHAP. LIV. 

Resolve in favor of Jonathan Sim-onds. 
January 26th, 1825. 

On the petition of Jonathan Simonds, of Boston, in the 
county of Suffolk — 

Resolved, For the reasons set forth in said petition, 
That there be allowed and paid out of the Treasury of 
the Commonwealth, unto the said Jonathan Simonds, the 
sum of eighty-seven dollars and seventy-eight cents. 
And His Excellency the Governor is requested to draw 
his warrant accordingly. 



CHAP. LV. 

Resohe on the petition of Patience Piggin, 
January 27th, 1825. 

On the memorial and petition of Patience Piggin, of 
Bridgwater, in the county of Plymouth, a native Indian, 
representing that her former guardian has been removed 
by death, and praying that another may be appointed : 

Resolved, That Morton Eddy, of Bridgwater, in the 
county of Plymouth, be, and he is hereby appointed, a 
Guardian over the said Patience Piggin, with all the 
powers which are by the laws of this Commonwealth 
given to guardians in other cases. Provided, that the said 
Morton Eddy do first give sufficient bonds to the Judge 
of Probate for the county of Plymouth, for the faithful 
performance of the trust reposed in him by said ap 
pointment. 



MESSAGE— S. READ & OTHERS. lOl 



CHAP. LVI. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

On examining the accounts of Joseph H. Peirce, Es- 
quire, late agent for prosecuting the claim of the Com- 
monwealth on the General Government, doubts have 
arisen relative to the construction of the Resolve of June 
12, 1824, providing for the compensation of said agent; 
and it has been thoug it expedient that his accounts should 
be referred to the Legislature, for their examination and 
allowance. They are accordingly herewith transmitted. 

WILLIAM EUSTIS. 

Council Chamber, January 27, 1825. 



CHAP. LVIL 

Resolve on the petition of Samuel Read and others. 
January 27th, 1825. 

On the petition of Samuel Read and others, praying 
for authority to call a meeting of the Rivulet Manufac- 
turing Company : 

Resolved, For reasons set forth in said petition. That 
the said Samuel Read, Alpheus Baylies, and Daniel Car- 
penter, be, and they hereby are authorized, to call a 
meeting of the said Rivulet Manufacturing Company, at 
such time and place as they may appoint, by posting up, 
at the door of the Rivulet Factory, a Notification of the 
time, place, and the business to be transacted at said 
meeting, seven days at least before the time appointed 
for holding the same. 



102 J. SIMON DS—BENJ. RICHARDS. 



GHAP. LVIII. 

Resolve on the petitions of Jonathan Simonds and others. 
January 27th, 1825. 

On the pptitions of Jonathan Simonds, Guardian of Ed- 
ward Foster Allen, and of Lydia Allen, Guardian of Levi 
Hearsey Allen, for license to sell certain real estate of 
their Wards ; 

Resolved, That Jonathan Simonds, of the City of Boston, 
in the County of Suffolk, gentleman, as he is guardian of 
Edward Foster Allen, and that Lydia Allen of said Boston, 
widow, as she is Guardian of Levi Hearsey Allen, be, and 
they hereby respectively are duly authorized and em- 
powered to sell, either at' public or private sale as they 
may think best, and to pass good and sufficient deeds to 
convey all the right, title and interest of their respective 
Wards in and to a certain piece or lot of land, which de- 
scended to them from their late brother Joseph Allen, 
deceased, situated on Butler's Row in said City of Boston ; 
the said Guardians respectively first giving bonds, with 
sufficient surety or sureties to the Judge of Probate for 
the County of Suffolk, to account for the proceeds of said 
sale according to law. 



CHAP. LIX. 

Resolve on the Petition of Benjamin Richards. 
January 27th, 1825. 

On the petition of Benjamin Richards, of Randolph, in 
the County of Norfolk, Esquire, Guardian of William Lin- 
field, a minor, son of Samuel Linfield the second, late of 
Randolph, Esquire, deceased, intestate; 

Resolved, That said Richards, in his said capacity, be 
and hereby is authorized and empowered, to release and 



BENJ. RICHARDS. 103 

convey to the respective grantees, heirs or devisees, of 
•William Liniield, late of said Randolph, deceased, and 
grandfather of said minor, all the right, title and interest 
of said minor in any and all lands, buildings and estate 
which they or either of them hold or claim under the said 
William or Mary his wife, their late mother, who is also 
deceased, (other than those hereby provided to be releas- 
ed to said minor) in consideration that said grantees, heirs 
or devisees, shall release and convey to said minor, his heirs 
and assigns, all their respective rights, titles, and claims 
in and unto all the several parcels of land described in two 
deeds made by said William, deceased, to said Samuel, 
deceased, oaeon the twenty-ninth day of May, in the year 
of our Lord one thousand seven hundred and ninety-eight, 
and the other on the fourteenth day of December, in the 
year of our Lord one thousand jeight hundred and three, 
both recorded in the Registry of Deeds in the County of 
Norfolk, and purporting to convey thirty-nine acres and 
one half of land, be the same more or less, situated in said 
Randolph, on which said Samuel entered, and erected a 
dwelling-house and other buildings thereon, and died in 
the occupation of the same ; and it being agreed, as part 
of the consideration of the premises, that the heirs and 
legal representatives of said Samuel Linfield, the second, 
deceased, shall pay to the said grantees, heirs and devisees 
of said William, deceased, the sum of four hundred dollars, 
to equalize the operation of the deeds of conveyance, to be 
made in pursuance of this Resolve, the proportion of 
which to said minor will be two hundred dollars, the said 
guardian is hereby authorized to make sale of so much of 
the real estate, of which said minor shall be seized in fee, 
as will produce the said sum last mentioned, and incidental 
charges to be allowed by the Judge of Probate for the 
County of Norfolk ; the said guardian first giving bonds 
to the said Judge, for the faithful performance of the spe- 
cial duties assigned him by this Resolve, and in the exe- 
y cution thereof to conform to all the requirements of 
law for the sale of Real Estate by Executors and Adminis- 
trators; and within six months from said sale to render to 
him an account of all his proceedings in the performance 
of the trust hereby reposed in him. 



104 MARBLEHEAD HARBOUR— MESSAGE. 



CHAP. LX. 

Resolve relating to a Survey of the Harbour oj Marble- 

head. 
January 29th, 1825. 

Resolved, That the Senators of this Commonwealth in 
the Congress of the United States be, and they hereby 
are instructed, and the Representatives requested to use 
their endeavours to obtain a survey, under the authority of 
the Government of the United States, of the Harbour of 
Marblehead, in tnis Commonwealth, with a view to ascer- 
tain the practicability of constructing a Pier at the mouth 
of said harbour, for the more effectual security of the 
shipping in the same. 

Resolved, That His Excellency the Governor be, and 
he hereby is requested to transmit to each of the Sena- 
tors and Representatives of this Commonwealth in Con- 
gress, a copy of the foregoing resolution. 



CHAP. LXI. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 
I transmit by the Secretary a letter from the Governor 
of the State of Maine, accompanied by a copy of a Re- 
solve of the Legislature of that State, and other Docu- 
ments relative to depredations which have been committed 
on the lands jointly owned by this Commonwealth and 
Maine. 

TVILLIAM EUSTIS. 

CatmciZ Chamber, January 31, 1825. 



MESSAGES. 105 



CHAP. LXII. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 
During the recess of the General Court, the vacancy in 
the office of Warden of the State Prison has been suppli- 
ed. There is reason to believe that, at no former period, 
have the affairs of that institution been under better regu- 
lation than at present. By a Report of the Directors and 
Warden, herewith transmitted, it will appear that for the 
first time since its establishment, the prison has yielded a 
profit to the Commonwealth, the amount and causes of 
■which are explained in the Report. 

WILLIAM EUSTIS. 

Council Chamber, January 31, 1825. 



CHAP. LXIIL 

Gefitlemen of the Senate, and 

Gentlemen of the House of Representatives^ 

It has become my painful duty to announce to you the 
afflicting dispensation of Providence which has bereaved 
this Commonwealth of its late venerable Chief Magistrate. 

At about seven o'clock yesterday morning His Excel- 
lency William Eustis departed this life at his Lodgings in 
this City, after a confinement by the disease which proved 
mortal of five days only. 

While we deeply deplore this great and unexpected 
public calamity, let us remember that it becomes us to 
submit, with humility, to the ways of Providence, which 
though dark and inscrutable to us, are directed by infinite 
and unerring wisdom. 

It is respectfully recommended to you to determine, in 
what manner you will pay the last sad tribute of respect 
to a venerated Chief Magistrate of this Commonwealth, 
and to the memory of a man who from his early youth has 
never ceased by his talents, his public services and his 
tmiform devotion to the great ip'cerests of freedom and hu- 
14 



106 HARVEY TAINTER— AMOS STETSON. 

inanity, not only to be entitled to the respect and affection 
of his fellow citizens but to deserve well of his country 
and of the human race. 

To the discharge of the official duties which this melan- 
choly event has devolved on me, I can only promise, that 
instead of the wisdom and experience of him whose loss 
I most sincerely lament, to bring an anxious solicitude and 
earnest endeavour to promote the public welfare. 

MARCUS MORTON. 

Council Chamber J February 7, 1825. 



CHAP. LXIV. 

Resolve on the petition of Harvey Taint er, and others. 
February 8th, 1825. 

On the petition of Harvey Tainter and others, praying 
allowance for their services and expenses in pursuing and 
apprehending certain persons charged with having passed 
counterfeit money. 

Resolved, That, for reasons set forth in their petition, 
there be paid from the Treasur}'^ of this Commonwealth,, 
to Harvey Tainter, and Benjamin Conklin, Junior, of Lei- 
cester, and Prentice Cushing late of Milbury, all in the 
County of Worcester, the sum of ninety dollars and forty- 
three cents. And his Excellency the Governor is request- 
ed to draw his warrant accordingly. 



CHAP. LXV. 

Resolve on the petition of Jlmasa Stetson. 
February 8th, 1825. 

The Committee of both Houses on Eastern lands, to 
whom was recommitted the petition of Amasa Stetson, 



NICHOLS ACADEMY. J 07 

with instptrctions to report a Resolve, have attended to 
that duty, and ask leave to report the following; Resolve. 
Which is submitted by order of the Committee. 
TllOS. L. WINTHROP, Chairman. 

Resolved^ For reasons set forth in said Petition, that the 
Agent of the Land Office be, and he is hereby authorized 
and directed to cancel the notes of hand received of sun- 
dry persons for trespass committed in the winter of 1822 
and 23, on the half township of land No. 6, 9th range, north 
of the Waldo Patent, purchased by said Amasa Stetson, 
the expenses attending the settlement made with the 
Trespassers and the cost of prosecuting the notes, being 
first paid to said Agent. 



CHAP. LXVL 

Resolve jon the petition of the Trustees of J\*ichols 

Academy. 
February 8th, 1825. 

On the petition of Joseph Bacon and others in the be- 
half of the Trustees of Nichols Academy, praying for the 
assistance of the Legislature, in behalf of said Academy, i 

Res'ilved, That there be and hereby is granted unto the 
Trustees of Nichols Academy, one half a township of 
land of six miles square, out of any of the unappropriated 
lands of this Commonwealth, in the State of Maine, which 
are now located and laid out. 



108 SILAS LAMSON— PAR. MEET. IN BELL. 



CHAP. LXVIL 

Resolve on fhe petition of Silas Lamson. 
February 8th, 1825. 

On tlie petition of Silas Lamson, for an appeal from 
the judgment of a Justice of the Peace for the county of 
Worcester : 

Resolved., For reasons set forth in said petition, That 
the said Lamson be allowed to enter and prosecute an 
appeal at the Court of Common Pleas, next to be holden 
at Worcester, within and for \he county of Worcester, 
from the Judgment of John Robbins, Esquire, one of the 
Justices of the Peace for the county aforesaid, given 
against the said Lamson on the nineteenth day of June, 
in the year of our Lord one thousand eight hundred and 
twenty-four; and that the Court aforesaid, be allo^^ed to 
enter and try the cause in the same manner that the said 
Court would if the said Lamson had appealed from the 
judgment aforesaid, andgiven bonds to prosecute his appeal. 



CHAP. LXVIII. 

Resolve providing for the calling a meeting of the Parish 
in the totvn of Bellingham. 
February 8th, 1825. 

Whereas, it has been made to appear to this General 
Court, that there are no parish officers in the parish 
known in law in the town of Bellingham, in the county of 
Norfolk, who are by law authorized to notify and call any 
meeting of said parish : therefore 

Resolved^ That the Hon. Lewis Fisher, one of Jus- 
tices of the Peace for said county of Norfolk, be, and he 
hereby is authorized^ to issue his warrant directed to 



NAOMI PEASE. 109 

some principal inhabitant of said parish, in said town of 
Bellingham, requiring him to notify and warn the free- 
holders and other inhabitants of said parish, who are 
qualified by law to vote in parish affairs, to meet at such 
time and place as he shall name in said warrant, to choose 
all such parish officers, as are by law required to be cho- 
sen in the months of March or April annually. 



CHAP. LXIX. 

Resolve on the petition of JVaomi Pease. 
February 8th, 1825. 

On the petition of Naomi Pease, relict of Walter Pease, 
late of Northampton, in the county of Hampshire, de- 
ceased, intestate, and mother and natural guardian of 
William W. Pease, a minor, child of said deceased : 

Resolved, For reasons set forth in said petition. That 
the said Naomi Pease, be, and she hereby is authorized 
and empowered, to make, execute, and deliver, a good 
and sufficient deed of conveyance of all the right, title, 
and interest, which the said minor has to certain real es- 
tate in the towns of Northampton and Hatfield, in the 
county aforesaid, which real estate, in the life time of the 
said Walter Pease, was conveyed to him by Joseph and 
Abner Wright, then of the same Northampton, by their 
deed, dated the fourteenth day of April, in the year of 
our Lord one thousand eight hundred and seventeen, and 
by Henry Smith, then of said Northampton, by his deed, 
dated the fifteenth da}^ of Jilly, in the year of our Lord 
one thousand eight hundred and nineteen, both which 
deeds are recorded in the Registry of deeds in the coun- 
ty aforesaid; which real estate the said Walter Pease 
held in trust for certain creditors of the said Joseph and 
Abner Wright, to Isaac C. Bates, of said Northampton, 
to whom the estate aforesaid has been sold, by order of 
the creditors aforesaid : And that the same deed be valid 



1 10 HANNAH HARRIS— CHARLES TURNER. 

in law to convey all the rigiht, title, and interest, which 
the said minor has to said estate, as the heir of said de- 
ceased, or to any part thereof. 



CHAP. LXX. 

Resolve on the petition of Hannah Harris. 
February 8th, 1825. 

On the petition of Hannah Harris, praying that all the 
right and interest of the Commonwealth, in and to a cer- 
tain lot of land, with the building standing thereon, situ- 
ate in Newton, in the county of Middlesex, now in the 
occupancy of said Hannah, may be released to her : 

Resolved, For reasons set forth in the petition of the 
said Hannah Harris, That the Commonwealth do hereby 
release to the said Hannah Harris, her heirs and assigns, 
all the right, title, and interest of the Commonwealth in 
the lands and buildings of her late husband, situate in 
said Newton, and in jfier occupancy as described in her 
petition. 



CHAP. LXXI. 

Resolve on the representation oj Charles Turner- 
February 8th, 1825. 

On the representation of Charles Turner, agent, ap- 
pointed to sell certain lands in Scituate, late the property 
of Frederick Henderson of said Scituate, deceased, which 
have escheated and accrued to the Commonwealth. 

Resolved, That said agent be, and he is hereby author- 
ized and empowered when he shall sell said property in 
the name and on behalf of the Commonwealth, to give 



JOSIAH LITTLE. Ill 

ample deed or deeds of the same, warranting to the pur- 
chaser or purchasers, all the right, title and interest, 
which the said Frederick Henderson, had in and to the 
premises, from and against the lawful claims and demands 
of all persons, claiming from, by or under the said Fred- 
erick Henderson. 



CHAP. LXXH. 

Resolve in favour of Josiah Little. 
February 8th, 1825. 

The Committee of both Houses, to whom was referred 
the petition of Josiah Little, as a proprietor of the town 
of Bakerstown in the County of Cumberland, in the State 
of Maine, concerning certain lands, alleged by the Petition- 
er to have been taken from him under a certain Resolve 
of the General Court, as is particularly set forth in the said 
petition, have had the same under consideration ; and they 
find that the said Little has several times petitioned the 
Legislature upon the subject of his said Petition ; that 
Committees of the Legislature have several times report- 
ed favourably to the Petitioner, but that said reports have 
been referred to subsequent Legislatures or not accepted ; 
that it is a subject difficult to be fully understood by the 
Legislature, inasmuch as it requires much investigation 
into certain ^solves and Acts of the General Court, and 
proceedings under them ; that, in the opinion of your 
Committee, it is expedient that the petition of said Little 
should be referred to Commissioners, for their examination 
and determination, and that the same should be attended 
to by the Attorney or Solicitor-General, on the part of the 
Commonwealth ; and they ask leave to Report for the 
adoption of the Legislature, the following Resolves, which 
are respectfully submitted by order of the Committee. 
THOMAS L. WINTHROP, Chairman. 



112 JOSIAH LITTLE. 

• Resolved, That his Excellency the Governor, by and with 
advice of Council, is hereby authorized to appoint three 
Commissioners to decide upon the claims set forth in Josiah 
Little's Petition, whether any, and if any, what compensa- 
tion or indemnity is due in law or in equity from this 
Commonwealth to said Little ; the report or award of said 
Commissioners, or a major part of them, to be made to His 
Excellency the Governor and the Council, on or before the 
first day of January next, and shall be final and conclusive 
in the premises, and shall be binding on the Common- 
wealth, and on the said Little, his heirs and assigns. 

Resolved, That the said Commissioners shall give notice 
to the Attorney and Solicitor General, and the said Little, 
his heirs or assigns, of the time and place of their meeting, 
three weeks previous to the same. And the said Commis- 
sioners shall have power to send for persons and papers, 
and to issue proper process for this purpose. And the 
Attorney and Solicitor General are hereby directed (they, 
or either of them) to attend to the said claim and the ex- 
amination of the same on the part of the Commonwealth. 
And the compensation of the said Commissioners, and all' 
expenses that may arise on the examination aforesaid, 
shall be paid in such manner as the said Commissioners or 
a major part of them may direct. 

Resolved, That if the said Commissioners, or a majority 
of them shall be of opinion, and shall so report or make 
their award, under their hands, that a certain sum of mo- 
ney shall be paid to the said Little, his heirs or assigns, as 
a compensation or indemnity for his losses set forth in his 
petition, that His Excellency the Governcu|J)e, and he is 
hereby authorized and requested, upon sirch a report or 
award being made, immediately to draw his warrant upon 
the Treasurer of this Commonwealth in favour of said 
Little, his heirs or assigns, for such sum as may be 
so awarded by the said Commissioners ; and it shall be the 
duty of the said Treasurer forthwith tc^ay the same to such 
person or persons in whose favour said warrant may be 
drawn ; and His Excellency the Governor is also authorized 
and requested to draw his warrant upon the Treasurer of the 
Commonwealth for such further sum as the said Commis- 
sioners may report shall be paid by the Commonwealth, 



AMHERST COLLEGE. 113 

for the expenses that may arise in the examination afore- 
said, or such part of tliem as they may direct to be [aid by 
the Commonwealth. And if the said Commissioners shall 
report, or award, that compensation shall be made to the 
said Little out of the unappropriated lands of this Common- 
wealth in the State of Maine, then the agent of the Land 
Office is hereby authorized and empowered to convey to 
the said Little, his heirs and assigns, such ([uantity of the 
unappropriated lands of this Commonwealth, in the State 
of Maine as shall be awarded by the said Commissioners. 



CHAP. LXXHL 

Resolve providing for the payment of the witnesses and for 
defraying sundry incidental expenses attending the in- 
vestigation of the affairs qf^dmherst Collegiate InstitU' 

tion. 

February 8th, 1825. 

Resolved^ That there be allowed and paid out of the 
Treasury of this Commonwealth, to the persons hereafter 
mentioned, the sums set against their respective names, in 
full for their attendance, service and travel, as witnesses, 
or officers, at the late investigation of the affairs of the 
Amherst Collegiate Institution, and in full for sundry inci- 
dental expenses attending the same. Viz. 

Asahel Aldrich, witness %2 32 

John H. Ashniun, " 

Joseph Blodget, " 

Joseph Bridgraan, Jr. " 

Joseph Blair, " 

Darius D. Buffiam, " 

George Buffiim, " 

Winthrop Bailey, *• 

Charles E. Billings, " 

Jonathan Cowls, " 6 24 

15 



1 


64 


3 


4 


1 


80 


2 


8 


2 


48 


2 


32 


7 


56 


3 


20 



114 AMHERST COLLEGE. 



Joseph Cowls, 


witness. 


3 16 


Stephen A. Dickinson. 


> 


2 24 


Eli Dickinson, 


u 


1 80 


Justus Forward, 


(t 


1 88 


Nathaniel Fuller, 


u 


3 4 


George Gilbert, 


i( 


1 56 


Timothy J. Gridley, 


(( 


2 8 


John Gray, 


u 


2 40 


John Gray, 2d, 


u 


2 40 


Josiah Gleason, 


u 


2 92 


Mercy Holland, 


u 


1 88 


Joel Lyon, 


t( 


3 84 


Myron Lawrence, 


(( 


1 80 


Theodore D. Lyman, 


u 


1 80 


Moses Leonard, 


a 


1 


Aaron Merrick, 


a 


1 16 


Zebina C. New comb, 


« 


4 


Ezra Purple, 


(( 


4 


Davis Packard, 


(( 


2 20 


Titus Pomeroy, 


(( 


2 12 


John Rankin, Jua 


u 


5 32 


Benoni Rust, 


u 


2 8 


Orra Sheldon, 


^l 


4 


Jonathan Smead, 


a 


3 60 


Prince Snow, 


Xi 


4 


Warren P. "Wing, 


(( 


3 20 


Jason Walker, 


i( 


3 4 


Eliab Washburne, 


(C 


2 80 


Alonzo Warner, 


(( 


3 72 


Titus Strong, 


(( 


2 36 - 


H. Wright Strong, attendance & paper, 


2 


Elijah Boltwood, for hall & stationary, 


20 90 


Artemas Thompson, service, &c. 


8 44 


Alanson Hamilton, 


do. 


1 20 


Albert Worthington, 


do. 


5 78 


Isaac Abercrombie, Jun. do. 


90 


Elisha Tilden, 


do. 


50 


Seneca Holland, 


do. 


1 26 


Zebina Dickinson^ 


attendance, 


2 



S156 6 



MOSES GIMBEE— BENJAMIN BALDWIN. 115 



CHAP. LXXIV. 

Resolve on the Petition of Moses Gimbee. 
February 8th, 1825. 

On the petition of Moses Gimbee, one of the Hassana 
misco tribe of Indians, praying leave to have certain 
property of his invested in real estate, for his benefit. 

Resolved, That Jonathan Leland Esq of Sutton, Trus- 
tee of the said Hassanarnisco Indians, be, and he is here- 
by authorized and empowered to purchase any real es- 
tate, within this Commonwealth, if he shall deem it expe- 
dient so to do, not exceeding one hundred dollars in val- 
ue, out of any money or funds in his hands as Trustee 
aforesaid, belonging to the said Moses Gimbee, and take 
a deed or deeds thereof, in trust ; the same to be used 
and improved under the direction of the said Trustee, and 
at his discretion, for the support and maintenance of the 
said Moses Gimbee and his wife and children, or either of 
them. 



LXXV. 

Resolve on the Petition of Benjamin Baldwin. 
February 9th, 1825. 

Resolved, That the Treasurer of the Commonwealth 
be, and he is hereby directed, to allow to Benjamin Bald- 
win, the sum of one hundred and ninety-two dollars, in 
part payment of the Notes and Mortgage in his office 
against the said Benjamin. 



116 ZADOCK FRENCH AND OTHERS, 



CHAP. LXXVI. 

Resolve on the Petition of Zadock French and others. 
February 9th, 1825. 

The Committee of both Houses on Eastern Lands, to 
whom nas referred the Petition of Zadock Frencii and 
others, jnirchasers of Township, No. 4, in the 4th Range 
on Penobscot River, praying that the amount secured for 
trespass committed upon said Township, since it was di- 
vided to this Commonwealth, and previous to their pur^ 
chase, may be paid to them according to their respective 
proportions of said purchase, and also prajing that au- 
thority may be given to them to prevent future trespass 
' — have had the same under consideration, and ask leave 
to report the following Resolves — 

Which is respectfully submitted, by order of the Com- 
mittee, 

THOS. L. WINTHROP, Chairman. 

Resolved^ for reasons set forth in said Petition, that the 
agents for the sale of Eastern Lands, be, and they are 
hereby authorized and directed, to endorse on the notes 
of hand of said Petitioners now in the Treasury Office, 
the amoimt of such sums of money as may have been re- 
ceived for timber cut upon Township No. 4, in the 4th 
Range on Penobscot River, in the proportions which they 
severally hold in said purchase, first deducting therefrom 
the expenses which have accrued or may accrue, in the 
settlement with the persons who committed said trespass. 

Resolved^ That it is unnecessary for this Legislature to 
grant to the Petitioners authority to prevent further tres- 
pass on said Township, the Agent of the Land Office be- 
ing vested with sufficient power and authority for that 
purpose. 



N. SLADE AND OTHERS— S. SMEAD. 117 



CHAP. LXXVH. 

Resolve on the Petition of JS^athan Slade and others. 
February 9th, 1825. 

On the petition of Nathan Slade, Abner Slade, Robin- 
son Buffington, Charles Church, Luther Winslow, Henry 
Slade as guardian to Era}^^ ton Slade, Jonathan Slade, Ed- 
ward S. Slade, Mary C. Slade, and George Slade, praying 
that they may be allowed to build a wharf, at a place cal- 
led Fall River, in the Town of Troy, in the County of 
Bristol, below low water mark, and extending to the main 
channel of Taunton Great River, so called. 

Resolved, That, for reasons set forth in their Petition, 
the said Nathan Slade, Abner Slade, Robinson Buffington, 
Charles Church, Luther Winslow, and Henry Slade as 
guardian to Brayton Slade, Jonathan Slade, Edward S. 
Slade, Mary C, Slade, and George Slade, be, and they are 
hereby authorized and allowed to build a wharf below low 
water mark, extending from their land to the main channel 
of said Rivev :■ Provided that this grant shall not be con- 
strued to affect the legal and vested rights of any person 
or persons whatever. 



CHAP. LXXVHL 

Report and Resolve on Petition of Solomon Smead. 
February 10th, 1825. 

The Committee to whom as committed, the Report of 
the joint Committee on the petition of Solomon Smead 
and others, and the memorials in answer thereto, having 
attended that service, report that, it appearing to them, 
that the Resolve passed on the fifth day of June last, was 
passed without notice to the respondents or their being 
heard. — Re]>ort the following Resolve as taken into a new 
draft. 



118 WILLIAM STOKES AND OTHERS. 

On the memorial of the Proprietors of the Locks and 
Canals on Connecticut river. 

Resolved, For reasons set forth in said memorial, that the 
Solicitor General, be, and hereby is directed, to discontin- 
ue any process, in nature of a quo warranto, he may have 
instituted against said Corporation, by virtue of, and in 
consequence of the resolve passed on the fifth day of June 
last, directing such Information ; and that the same Resolve 
be, and hereby is repealed. 

The Committee further report that the said petition and 
memorials be referred to the first Session of the next 
General Court, the Agents of the petitioners and respon- 
dents having mutually agreed thereto, and the peti- 
tioners to have leave to file any new petitions or specifi- 
cations of grievances, and the respondent? to take notice 
thereof, at the next session of the General Court, without 
an order of notice : Provided, they shall furnish the Hon. 
John Hooker with copies thereof, thirty days before the 
next General Court, all depositions to be used before the 
Legislature, to be taken with notice to the opposite party. 



CHAP. LXXIX. 

Resolve on the Petition of William Stokes and others. 
February 14th, 1825. 

On the petition of William Stokes of Exeter, in the 
County of Devon, Man Mercer, William Golsworthy 
of Woodbur}^ in the diocess of Exeter, and Hannah his 
wife, in her right, Benjamin Osborn of said Woodbury, 
and Mary his wife in her right, John Stokes of Topsham, 
in said County of Devon, Shipbuilder, John Elson of said 
Exeter, and Catherine his wife, in her right, Samuel Madge 
of said Topsham, and Susannah his wife, in her right j 
all of the United Kingdom of Great Britain and Ireland ; 
stating that they are the only heirs at law of Rebecca 



WILLIAM STOKES AND OTHERS. 119 

Mountjoy, late of Boston, in the Commonwealth of Mas- 
sachusetts, deceased, intestate, and without issue. And 
praying that the title and possession of the following de- 
scribed lands and tenements may be restored to them, 
to wit ; one Tract or Messuage of Land, and the buildings 
thereon, situated in Prince-Street, in Boston aforesaid; 
bounded on said street, northeastwardly thirty-one feet, 
more or less, eastwardly on land late of Samuel Treat, sev- 
enty feet more or less ; southwestwardly on a lane or pas- 
sage way leading from the Mills so called, thirty-one feet ; 
northwestwardly by land late of William Payne, now of 
J. Nash, sixty-eight feet ; extending from said lane or 
passage way to said Prince-Street ; it being the same es- 
tate which Joshua Bently occupied for a number of years. 
»ilso, one other tract of land, with the privileges, in 
Charlestown, in said Commonwealth, boimded southward- 
ly and southwestwardly on the road to Medford partly, and 
partly on land in the possession of Thomas Edes ; west- 
wardly and northwestwardly, partly on said Edes's land 
and Mary Leakey's and Joseph Phipp's ; northwardly on 
said Phipps ; northeastwardly on land of the proprietors 
of the Middlesex Canal ; eastwardly and southeastwardly 
on land of Benjamin Froth ingham, junior; containing nine 
acres, be the same more or less. 

^Iso, one other tract of land in said Charlestown, on 
the opposite side of the road to Medford, northeastward- 
ly on said road, southeastwardly on a range-way ; south- 
westwardly on land of Samuel Sw^an, and said Edes, con- 
taining four acres and a half more or less. ^Iso an undi- 
vided moiety of one other tract of land in said Charles- 
town, with the privileges thereto belonging, situated near 
the Mill Dam, and bounded north, on land of Nathaniel 
Austin ; eastwardly, on the main Street ; southwardly, on 
land of the Town of Charlestown ; westwardly, on the 
salt water Creek, containing four acres more or less ; and 
alleging therein, that the said Commonwealth are now in 
possession of the said several tracts of land by virtue of 
two several Inquests of Office found, and a judgment and 
Other proceedings had thereon. 

Resolvedi For the reasons set forth in said petition, 



120 JOSEPH WHITNEY. 

that the Commonwealth, remise, release, and forever quit 
claim, and do hereby remise, release, and quit claim to 
the said William Stokes, William Golsworthy, and Han- 
nah, his wife, in her ripjht, Benjamin Osborn, and Mar}', 
his wife, in her right, John Stokes, John Elson, and 
Catharine, his wife, in her rig;ht, and Samuel Madge, and 
Susannah, his wife, in her right, their heirs and assigns, 
all the right, title and interest which tl^ said Common- 
wealth have or ma}^ have in the said several tracts of 
land, being the same whereof one Rebecca Mountjoy, 
died seized and possessed ; and which the said Common- 
wealth hold by escheat for want of heirs, as is alleged in 
their said Inquests of Office, to have and to hold the 
aforesaid premises to their use and behoof forever. 



CHAP. LXXX. 

Resolve on the petition of Joseph Whitney, relating to 
Eastern Lands, 
I February 14, 1825. 

Resolved, For reasons set forth in said petition, That 
the Agent of the Land Office, be, and he hereby is au- 
thorized and directed, at the expense of the Trustees of 
Hopkins Academy, or their assigns, to cause one half 
township of land, of six miles square, granted to said 
Trustees by a resolve dated the 12th dav of June, 1820, 
to be surveyed and located from any of the land owned 
by this Commonwealth, and the State of Maine, remain- 
ing undivided ; said half township to be subject to all the 
reservations and provisions contained in said resolve. 
Provided however, fiat the Legislature of the State of 
Maine shall first give their consent to said location, and 
accept as an equivalent a like quantity of land, to be lo- 
cated now, or to be made up to said State, in any future 
division of the said undivided lands. 



ANNE SMITH & MARGARET COFFIN. 121 



CHAP. LXXXI. 

Resolve on the petition of Anne Smith and Margaret 
Coffin^ authorizing them to sell certain real estate. 

February 14, 1825. 

On the petition of Anne Smith and Margaret Coffin — 

Resolved^ That the said Anne Smith and Margaret 
Coffin, or either of them, be, and they, or either of them, 
hereby are authorized and empowered to sell and convey 
all the right, title, interest and estate of Elizabeth Pe- 
ronneau Coffin, T. C. Amory Coffin, and George Mat- 
thews Coffin, minor children and heirs of Ebenezer Cof- 
fin, late of St. Helena, in the State of South Carolina, in 
and to the lands herein after described, the same being 
-one undivided forty-eighth part each, making three undi- 
vided forty-eight parts, in remainder expectant on the 
termination of the life estates of said Anne Smith and 
Margaret Coffin, in a piece of land, with the buildings 
thereon standing, and the privileges and appurtenances' 
thereto belonging, situated in Boston, in the county of 
Suffolk, and bounded easterly on Washington street, for- 
merly Marlborough street ; northerlj^ on the old Province 
House Estate, so called ; westerly on Governor Alley ; and 
southerly on land, now or late of Penniman and other 
land ; being the same estate of which Mary Coffin, late 
of said Boston, died seized ; such sale to be at the same 
rate, and upon the same terms of payment, as the other 
heirs and devisees,of said Mary Coffin shall agree to, in 
selling their similar estates in remainder in said lands, 
expectant on the determination of the life estates of said 
Anne Smith and Margaret Coffin ; they, the said Anne 
Smith and Margaret Coffin, or either of them, giving 
good and sufficient bond or bonds to the Judge of Pro- 
bate for the county of Suffolk, and his successors in office, 
to the satisfaction of said Judge, that the amount for 
which the shares or interest of said minors in said land 
shall be sold, shall be paid over to them respectively, 
their heirs, executors, or administrators, on the determin- 
16 



122 Ex\STEUN LANDS. 

ation of the life estates of said Anne Smith and Marga- 
ret Coilin, or on the happening of any event, whereby, 
under and according to the will of said Mary Coffin, the 
said minors would respectively come into possession of 
their said interests and shares in said estate, if the same 
had not been disposed of and sold, under and in virtue 
of this Resolve. And the Judge of Probate for the coun- 
ty of Suffolk, for the time bein-jj, may permit and direct 
an action or actions to be commenced, ami prosecuted to 
judgment and execution, upon said bond or bonds, and 
upon any judgment or judgments obtained upon such 
bond or bonds, in any Court having cognizance and juris- 
diction of the same ; upon the request, at the expense, 
and for the benefit of any person or persons interested in 
the same. 



CHAP. LXXXII. 

Resolve in relation to the depredations committed on Eas- 
tern Lands. 
February 16, 1825. 

The Committee, of both Houses, on eastern lands, to 
whom was referred the message of his late Excellency 
Governor Eustis, with certain communications made to 
him by the Governor of the State of Maine, relative to 
the depredations which have been c<5mmitted by British 
subjects, upon the timber on the land owned jointly by 
this Commonwealth and the said State, have had the same 
under consideration, and ask leave to make the following 
Report, which is respectfully submitted bv order of the 
Committee. THOMAS L. WINTHROP, Chairman. 

The Legislature of the Commonvvealth of Massachu- 
setts learn with great regret that depredations have been, 
and are continually making by British subjects, upon the 
lands in the State of Maine, owned jointly by this Com- 
monwealth and said State : Therefore, 



EASTERN LANDS. 123 

Resolved, That his Honor the Lieutenant Governor be 
requested to correspond ^vith the Governor of the Prov- 
ince of New Brunswick, relative to the depredations 
which have been committed by British subjects, upon the 
timber on the lands owned jointly by this Commonwealth 
and the State of Maine, and to ascertain from him wheth- 
er that government have authorized any persons to cut 
timber upon the said lands, or to settle thereon. 

Resolved, That the Agent of the Land Office be in- 
structed, in conjunction with the person already designa- 
ted by the State of Maine, forthwith to take effectual 
measures to ascertain the extent of the depredations com- 
mitted on the lands belonging to this Commonwealtii and 
the State of Maine, by whom the same have been com- 
mitted and under what authority, if any, such depreda- 
tions have been made, and all other facts necessary to 
bring the offenders to justice- 

Resolved, That this CommonAvealth approves of the 
measures adopted by the State of Maine relative to the 
depredations made on the lands, owned jointly by this 
Commonwealth and said State, and will bear, equally 
with the State of Maine, the expenses of such prosecu- 
tions, as may be instituted under the directions of the 
Agents of this Commonwealth and said State, by the At- 
torney General of said State, against persons who have 
so trespassed. 

Resolved, That his Honor the Lieutenant Governor be 
requested to transmit to the Governor of the State of 
Maine a copy of the aforegoing Resolves, and to assure 
him that this Commonwealth will readily co-operate with 
the said State, in such measures as may be deemed most 
adviseable to be adopted, to protect the property of both 
States, and to bring to a speedy issue, the pending nego- 
tiations relative to the nortli-eastern boundary of the Uni- 
ted States. 

Resolved, That his Honor the Lieutenant Governor be 
requested to forward to each of the Senators and Repre- 
sentatives, in Congress from this Commonwealth, a copy 
of these Resolves, with such accompanying documents 
as he may think proper. 



124 DEAF AND DUMB. 



CHAP. LXXXIII. 

Resolve respecting Deaf and Dumb persons. 
February 18, 1825. . 

Whereas, it appears by a resolve of the Directors of 
the American Asylum at Hartford, for the education and 
instruction of the deaf and dumb, passed on the 27th day 
of January, 1825, that the said Directors will receive into 
the Asylum the deaf and dumb from this Commonwealth 
for the sum of one hundred and fifteen dollars per annum 
for each pupil ; and for that sum to furnish such pupils 
with instruction, board, washing and lodging, and station- 
ary for the school rooms, and to teach them mechanical 
trades, the sum aforesaid to be varied from year to year, 
as the state of the funds will warrant, such sum to be fix- 
ed by the Directors at the commencement of each year, 
the year to commence on the last Wednesday of May, 
the money to be paid in advance semi-annually : There- 
fore 

Resolved, That his Excellency the Governor, be au- 
thorized to give sixty days notice, by publishing in such 
newspapers as he may think proper, that upon the appli- 
cation of the parent or guardian of an}' deaf and dumb 
persons between the ages of fourteen and twent}-five 
years, who have been citizens of this Commonwealth 
more than two years previous to the passing of this Re- 
solve, accompanied by a certificate of the Selectmen of 
the iowii where such parent or guardian resides, that 
such parent or guardian, in addition to his or her necessa- 
ry expenses, is not able to defray the expense of board 
and instruction of such deaf and dumb persons at the 
Asylum aforesaid, then that said expenses shall be defray- 
ed by this Commonwealth. 

Resolved, That there be annually appropriated, out of 
the Treasury of this Commonwealth, a sum not exceed- 
ing six thousand dollars, over and above sucti sum as may 
be reimbursed to the State as is herein after provided, 
to defray the expenses of board and instruction of such 



DEAF AND DUMB. 125 

deaf and dumb persons at the Asylum aforesaid, for a 
terra of time not exceeding four years for each individu- 
al. And if the sum aforesaid should not be sufficient to 
defray the expenses of board and instruction of tlie deaf 
and dumb persons now at the said Asylum from this Com- 
monwealth, and of those who may make application, in 
manner aforesaid, for admission into the same, then the 
persons to be entitled to admission shall be designated 
by lot under the direction of the Governor ; not however, 
in any case, to deprive any one of the benefit of this Re- 
solve, who shall have been once placed at said Asylum. 

Resolved, That his Excellency the Governor be au- 
thorized to draw his warrant upon the Treasury for such 
sum or sums of money as shall be necessary to pay the 
expenses of such persons as may be placed in said As)^- 
lum by his direction. 

Resolved, That whenever application shall be made to 
his Excellency the Governor in behalf of any deaf and 
dumb persons, for admission into the Asylum, and it shall 
appear that the parent or guardian of such deaf and dumb 
person is of sufficient ability to defray the expense of 
board and instruction, the Governor may give his certifi- 
cate for the admission of such person into the Asylum: 
Provided, the parent or guardian previous to the giving 
of said certificate, shall have filed his bond in the Secre- 
tary's office, agreeing to pay to the Commonwealth the 
same sum annually, which the Commonwealth shall be 
obliged to pay for the board and instruction of such deaf 
and dumb person at the Asylum aforesaid. 

Resolved, That the provisions made by the foregoing 
Resolves shall not be applicable to the case of any pupil 
who has been supported at said Asylum by this Common- 
w^ealth for four years before the passing of these Resolves. 
Resolved, That those who have already filed their 
claims in the Secretary's office, under former Resolutions, 
shall be considered as having made their application, con- 
formably to these Resolves. 

Resolved, That these Resolves shall continue in force 
for the term of five years and no more. 



126 J. FAIRBANKS & OTHERS— C. COD HARB 

CHAP. LXXXIV. 

Resolve on the petition of Joseph Fairbanks and others^ 
February 18, 1825. 

On the petition of Joseph Fairbanks, Samuel Dudley, 
and Arathusa Farwell, of Harvard, in the county of Wor- 
cester — 

Resolved, That for the reasons set forth in said peti- 
tion, the said Joseph Fairbanks, be, and he hereby is au- 
thorized to sell, and re-convey by deed, to Israel Whit- 
ney, of said Harvard, all the right, title, and interest, 
which Arathusa Farwell, Sophia Farwell, Lucy Farwell, 
John Farwell, Andrew Farwell, George Farwell, and Al- 
fred Farwell, minor children of John Farwell, deceased, 
have in the several tracts of mortgaged land, set forth in 
said petition, late belonging to the said John Farwell, de- 
ceased, upon such terms as may be agreed upon by the 
said Israel Whitney, (who is the grandfather of said mi- 
nor children) and the petitioners ; and the proceeds of 
said sale to put out and secure on interest to the said mi- 
nor children : Provided, that the said Joseph Fairbanks, 
guardian for said minors, first give bond, with suffcient 
surety, to the Judge of Probate in the county of Worces- 
ter, conditioned to return to the said Judge of Probate a 
true account of his proceedings, and for the faithful per- 
formance of the authority hereby given. 



CHAP. LXXXV. 



Resolve on the petition of the Selectmen of Truro^ respect- 
ing Cape Cod harbour. 
February 18, 1825. 

Resolved, That his Honor the Lieutenant Governor be, ,. 
and he hereby is authorized and empowered, to appoint \f[ 
one or more Commissioners, to examine Cape Cod har- i 



FUNERAL EXPENSES— HART. ASYLUM. J 27 

bour, and ascertain and estimate the danger of damap;e to 
the same, by the drifting of the sand or otherwise ; the 
necessity or importance of taking any measures to pre- 
vent such damage ; what f measures it may be necessary 
to take for this purpose, and the probable expense of ef- 
fectually protecting and securing said harbour ; with in- 
structions to such Commissioner, or Commissioners, to 
make a report in writing, that the same may be laid be- 
fore the next General Court ; and the expenses of such 
commission shall be defrayed out of the public Treasury. 



CHAP. LXXXVL 

Resolve providing payment for the funeral expenses of 
His late Excellency William Eustis. 

February 19, 1825. 

Resolved^ That his Honor the Lieutenant Governor be, 
and he is hereby authorized to draw his warrant upon the 
Treasurer of the Commonwealth for the amount of the 
funeral expenses of his late Excellency William Eustis, 
as they may be estimated and allowed by the Committee 
of the Legislature, chosen to make suitable arrangements 
on that occasion. 



CHAP. LXXXVH. 

A Resolve to amend a Resolution passed June 12, IS24, for 
the support of certain persons therein named, at the 
Asylum in Hartford. 

February 21, 1825. 

Whereas, by a Resolve passed June 12, 1824, the sum of 
six hundred dollars was appropriated for the support and 



128 ARTS & SCIENCES. 

education of Royal T. Kellogg, Elihu Smith, Aaron Ful- 
ler, junior, and Horace Fuller, at the Asylum in Hartford, 
in equal proportions. And whereas, Horace Fuller, was 
by mistake named therein, instead of Augustus Fuller. 
Therefore, 

Besolned, That the amount therein appropriated for 
the support of Horace Fuller, be, and the same is hereby 
appropriated and applied for the support and education of 
Augustus FuHer, at said Asylum, instead of said Horace. 



CHAP. LXXXVHI. 

Resolve providing for the appointment of Commissioners^ 
to prepare and digest a system for the establishment of 
an Institution for the education of the Labouring Classes 
in the practical Arts and Sciences. 

February 22, 1825. 

Resolved, That Theodore Sedgwick, Esq. of Stock- 
bridge, Hon. Leonard M. Parker, of Charlestown, and 
James Savage, Esq. of Boston, be, and hereby are ap- 
pointed Commissioners, whose duty it shall be to digest 
and prepare a system for the establishment of such an In- 
stitution or Institutions, as the said Commissioners shall 
deem it expedient for the State to create and endow, and 
as shall be best calculated to afford economical and suffi- 
cient instruction, in the practical Arts and Sciences, to 
that class of persons who do not desire or are unlible to 
obtain a Collegiate education ; and also that the said 
Commissioners prepare and digest a system for a proper 
organization of a fund, to be set apart for the purposes of 
education ; showing the sources from which the same 
may be obtained, and the objects to which the same 
ought to be applied, and that the said Commissioners, or 
a majority of them, report herein to the next Legislature. 



BOUNDARY— SCHOOL DIS. IN WALTHAM. 129 



CHAP. LXXXIX. 

Resolve on the subject of the Boundary Line betxoeen Mas- 
sachusetts and Rhode-Island. 

February 22d, 1825. 

Resolved, That, in the opinion of this Legislature, the 
Line ©f" Jurisdiction, between the Commonwealth of Mas- 
sachusetts on the South, and the State of Rhode-Island 
on the North, more than one hundred years ago was mu- 
tually, formally and equitably settled, by Commissioners 
appointed by both Governments, and solemnly ratified 
and confirmed by the same. They, therefore, can see no 
good reason for uniting with the Government of Rhode- 
Island in an arbitration for settling, again, principles and 
lines which have so long been established and acquiesced 
in by both parties. But as it is desirable to preserve and 
cultivate good feelings between the citizens of the two 
States, the Government of Massachusetts hold themselves 
at all times ready to run the line as anciently settled by 
the two States, and renew the monuments, if found neces- 
sary. 

Resolved, That the Executive of this State, be request- 
ed to transmit this Resolution to the Executive of Rhode- 
Island, with a request that he would communicate the 
same to the Legislature thereof. 



CHAP. XC. 

Resolve on the petition of the J^ortheast School District in 

Waltham. 
February 23d, 1825. 

On the petition of the inhabitants of the Northeast 
School District in Waltham, in the County of Middle- 
sex; 

17 



130 STATE PAUPERS— LIEUT. GOV. 

Resolved, That the Resolve passed on the eighth day 
of June, in the year of our Lord one thousand eight hun- 
dred and fourteen, on the petition of David S. Eaton and 
others, be and the same hereby is repealed. 



CHAP. XCI. 

Resolve for paying for three hundred copies of Massachu- 
setts State Papers. 
February 23d, 1825. 

Resolved, That there be allowed and paid to Mary J. 
Gardner, of Boston, the sum of three hundred dollars, for 
three hundred copies of Massachusetts State papers, 
printed by the late firm of Russel and Gardner, and that 
said volumes be delivered to the Secretary of this Com- 
monwealth, one copy for the use of each Town in this 
Commonwealth : And the Governor is requested to draw 
his warrant accordingly. 



CHAP. xcn. 

Resolve for compensating the Lieutenant Governor and 

Commander hi Chief. 
^ February 24th, 1825. 

Resolved, That tliere be allowed and paid out of the 
Treasury of this Commonwealth, to His Honour Marcus 
Morton, for the time he has and may continue to execute 
the duties of Chief Magistrate, such sum as, together with 
his compensation as Lieutenant Governor, shall make his 
pay, during such period equal to that allowed by law t© 
the Governor of this Commonwealth. 



STATE LINE. 131 



CHAP. XCIII. 

Resolve authorizing the Governor to appoint Commissioner s, 
to ascertain the boundary line between this Common- 
wealth and the State of Mew-Hampshire, 
February 24th, 1825. 

Whereas it is represented to the General Court of this 
Commonwealth, that contentions and disputes have arisen 
between the citizens of this Commonwealth and those of 
the State of New-Hampshire, respecting th« boundary 
line between this Commonwealth and the said State ; to 
prevent which in future, and to promote harmony and af- 
fection between the citizens of the two respective States, 

Resolved, That the Governor for the time being, with 
the advice of the Council, be, and hereby is authorized 
and requested to nominate and appoint three suitable per- 
sons as Commissioners on the part of this Commonwealth, 
for ascertaining the boundary line between the same and 
the said State of New-Hampshire ; and the said Commis- 
sioners are hereby authorized and empowered to meet 
such Commissioners as may be appointed, and vested with 
similar powers for the aforesaid purpose by the Legisla- 
ture of the State of New-Hampshire, and in conjunction 
with them, as soon as may be, to ascertain, run and mark 
such boundary line, erect durable monuments at such 
places as they shall think proper, and effectually to pre- 
vent future mistakes and disputes respecting the same. 
And the Commissioners on the part of this Commonwealth, 
are authorized and empowered to agree upon such prin- 
ciples respecting the running said line, as from the best 
documents they can obtain, may appear to them just and 
reasonable ; which line, when so ascertained, forever after- 
wards shall be considered and held to be the just and 
true boundary line of jurisdiction between this Common- 
wealth and the said State of New-Hampshire ; and the 
Commissioners on the part of this Commonwealth, are au- 
thorized to employ such surveyors and chain bearers as 



132 LAND IN WORCESTER. 

they may think proper, to assist in duly ascertaining the 
line aforesaid. 

And the Governor of this Commonwealth is requested 
to transmit a copy of this Resolve to the Governor of 
New-Hampshire, that the same may be duly communicat- 
ed to the Legislature of that State, in order that Commis- 
sioners may be appointed and measures taken on the part 
of that State for ascertaining the bounds aforesaid. 

Be it further Resolved^ That there be paid out of the 
Treasury of this Commonwealth, to the said Commis- 
sioners, a sum, not exceeding five hundred dollars, to ena- 
ble them to defray the immediate expenses of running and 
establishing said line ; said Commissioners to be accountat 
ble to the General Court for the proper application of the 
same ; and the Governor for the time being is hereby re- 
quested to draw his warrant on the Treasurer for the same. 



CHAP. XCIV. 

Resolve authorizing the Court of Sessions in the County of 

Worcester, to lease certain lands. 

February 24th, 1825. 

Whereas by a Resolve, approved by the Governor the 
fourteenth day of February, in the 3 ear of our Lord one 
thousand seven hundred and eighty five, a certain tract of 
land in the town of Worcester, was granted to the County 
of Worcester, " for the sole purpose of creating and ac- 
commodating a public gaol in the said County," and as 
there is a small piece of said land not occupied by the 
gaol or any building appurtenant thereto, the Court of 
Sessions of said County of Worcester are hereby author- 
ized to lease from time to time, as they may judge expedi- 
ent, such parts of said land as may not interfere with the 
uses for which said land was granted to the said County ; 
and the rent received therefor shall be paid into the 
treasury of the County, to be applied towards the pay- 
ment of the necessary expenses of said County. 



DEAF & DUMB— WOUNDED SOLDIERS. 133 



CHAP. XCV. 

Resolve grandns; monies to the Hon. Messrs. James Fow- 
ler and John Mills, for services as a Committee to con- 
fer with the Directors of the American Asylum at Hart- 
ford, for the education of Deaf and Dumb persons. 

February 25th, 1825. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to Hon. Messrs. James 
Fowler and John Mills, the sum of eighty-one dollars and 
twenty-eight cents, in full for their services and expenses 
as a Committee, to confer with the Directors of the 
American Asylum at Hartford, for the Education of Deaf 
and Dumb persons ; and the Governor of this Common- 
wealth, for the time being, with the advice of Council, is 
requested to issue his warrant on the Treasury accord- 
ingly. 



CHAP. XCVI. 

Resolve on the Petitions of several Wounded Soldiers. 
February 25th, 1825. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to Moses Newhall Os- 
good, of Lancaster, in the Covmty of Worcester, for a 
wound received on the eighteenth day of September, in 
the year of our Lord one thousand eight hundred and 
twenty-three, when on military duty, one hundred dollars ; 
also, to Joseph Adams, junior, of Newbury, in the county 
of Essex, Quarter Master in the first regiment, second 
brigade, and second division, of the militia of this Com- 
monwealth, for a wound received on the seventh day of 
October last, when on military duty, one hundred and ten 
dollars; also, to William Coding, of Mansfield, in the 
county of Bristol, for a wound received on the thirtieth 



134 JOHN WHEELER— JOSIAH S. SMITH. 

day of September, in the year of our Lord, one thousand 
eight hundred and twenty-three, when on military duty, 
fifty dollars ; also, to Peter Jouder, of Beverly, in the 
county of Essex, for a wound received on the thirty-first 
day of August last, when, by the request of the Select- 
men of Beverly, he was loading a field-piece, for the pur- 
pose of firing a salute in honor of General Lafayette, nine- 
ty dollars, and also fifty dollars annually during his natural 
life. 



CHAP. xcvn. 

Resolve for paying John Wheeler for a covered passage- 
way at the eastern end of the State House, 
February 25, 1825. 

Resolved, that there be allowed and paid out of the 
Public Treasury, the sum of four hundred and thirty- 
eight dollars and twenty-three cents, being the amount of 
John H. Wheeler's bill for labour and materials furnished 
by him for the covered passage-way, at the east entrance 
of the State-House ; and that it is inexpedient to provide 
at present for any further reimbursement in relation to 
the alterations and improvements made about the State- 
House yard, the same being not yet completed. 



CHAP. XCVHL 

Resolve on the petition of Josiah S. Clark. 
February 25, 1825. 

Resolved, That there be allowed and paid to Josiah 
S. Clark, six dollars twenty-five cents, due him as Adju- 
tant of a regiment of Artillery, for services up to the first 
day of January, in the year of our Lord, eighteen hundred 
and twenty-three ; and that his Excellency the Governor 
be requested to draw his warrant on the Treasury for said 
sum accordingly. 



ROUTE FROM B. HARB. TO CON. RIVER. 135 



CHAP. XCIX. 

Resolves in relation to a survey of a Route from Boston 
Harbour to Connecticut River. February 25th, 1825. 

Resolved, That the Governor of this Commonwealth 
for the time being, with the advice, and consent of the 
Council, be, and he hereby is authorized to appoint three 
Commissioners, to ascertain the practicability of making a 
Canal from Boston Harbour to Connecticut River, and to 
make such surveys as they may deem necessary to deter- 
mine the most convenient and advantageous route for the 
same. 

Resolved, That if the said Commissioners shall find by 
their surveys, that such a Canal can be constructed, they 
are hereby authorized to ascertain the practicability of 
extending the same to some point on the Hudson River, 
in the State of New- York, in the vicinity of the junction 
of the Erie Canal with said river, and to make such sur- 
veys as they may deem necessary for the purpose. 

Resolved, That the said Commissioners cause plans of 
their surveys to be made, and also to make all such exam- 
inations and calculations as they may judge necessary to 
ascertain the expense of constructing the said canal or 
canals, provided the making of the same, shall be deemed 
practicable ; and to return such plans and estimates to 
the Legislature, as soon as may be, with a detailed report 
of their doings, under their Commission. 

Resolved, That the Governor of this Commonwealth for 
the time being, with the advice and consent of the Coun- 
cil, be, and he hereby is authorized to appoint a suitable 
Engineer to make the surveys, plans, and estimates afore- 
said, under the direction, and with the assistance of said 
Commissioners. 

Resolved, That the Governor for the time being, for 
the purpose of defraying the expense of such surveys, ex- 
aminations, plans and estimates, be, and he hereby is au- 
thorized to draw his warrant on the Treasury, at such 
times, and for such sums as he may think necessary, not 
exceeding the sum of five thousand dollars in the whol^. 



136 OLIVE N. AND THOMAS NASH— J. J. FISKEr 



CHAP. C. 

Resolve on the petition of Olive J\*ash and Thomas JSTash. 
February 25th, 182^ 

Resolved, That for reasons set forth in said petition, 
that said Olive Nash, be and hereby is authorized and 
empowered to convey all the estate, right, title and inter- 
est, which her late husband Joshua Nash,- junior, had at 
the time of his decease, in and to all the farm land and 
tenements, within the town of Hanover, in the County of 
Plymouth, and which the said Joshua and Thomas pos- 
sess, as tenants in common, to Levi Nash, brother of said 
Joshua and Thomas, and to Sarah Nash, wife of said Levi, 
for and during their lives, and the life of the survivor of 
them, and the remainder to Lysander Nash, bis heirs and 
assigns forever. 



CHAP. CI. 

Resolve authorizing Josiah J. Fiske to execute a deed of 
land in Charlton. February 25th, 1825. 

On the petition of Josiah J. Fiske of Wrentham, in the 
County of Norfolk, Executor of the last will and testa- 
ment of David Fiske, late of Sturbridge in the County of 
Worcester Esquire, deceased. 

Resolved, For reasons set forth in said petition, that the 
said Josiah J. Fiske, Executor as aforesaid, be, and here- 
by is authorized and empowered to execute and deliver a 
good and sufficient deed to Amos Oaks of Charlton, in the 
County of Worcester, Cordwainer, for the conveyance, in 
fee simple, of all the right and title which the said David 
Fisk had at his decease, in and to a certain tract of land, 
with the buildings thereon, situated in said Charlton, con- 
taining about forty-eight and one half acres and eight 



JOSEPH M. ELY. 137 

rods, be the same more or less, as bounded and described 
in a bond executed and delivered by the said David Fiske 
in his life time to the said Amos Oaks, dated the first day 
of April, A. D. 1811 ; and that such deed of conveyance 
shall have the same force and effect, as if made by the 
said David Fiske in his life time, in pursuance of said con- 
tract. 



CHAP. CH. 

Resolve on the petition of Joseph M. Ely, Sewall Dewey 

and wife, Mner Morgan and Eunice Cooley. 

February 25th, 1825. 

Resolved, That for reasons set forth by the petitioners 
aforesaid, all right, title, and interest of this Common- 
wealth to any real or personal estate, formerly belonging 
to Darius Ely, 2d, late of West Springfield in the County 
of Hampden, deceased, intestate, be and the same hereby 
is assigned and released to the said Joseph M. Ely, Sewall 
Dewey, Abner Morgan, and Eunice Cooley, equally, and 
to their heirs and assigns. And the administrator on the 
estate of said Darius is hereby authorized and directed to 
pay over and deliver to said Ely, Dewey, Morgan and 
Cooley, all the goods effects and credits of every descrip- 
tion, which now are, or may hereafter come into his hands, 
as the Administrator on said estate, after the payment of 
the debts and incidental charges. 
18 



138 COUNTY TAXES. 



CHAP. cm. 

Resolve granting County Taxes. 
February 25, 1825. 

Whereas the Treasurers of the following Counties have 
laid their accounts before the Legislature for examination, 
which have been examined and allowed, and whereas the 
Clerks of Courts of Sessions, for said Counties, liave ex- 
hibited estimates made by said Courts, of the necessary 
charges which may arise within said Counties the year 
ensuing, and of the sums necessary to discharge the debts 
of said Counties. 

Resolved^ That the sums annexed to the Counties con- 
tained in the following schedule, be and the same are 
hereby granted as a tax for each County respectively, to 
be appropriated, assessed, paid, collected, and applied for 
the purposes aforesaid, according to law, viz : 

County of Essex, thirteen thousand dollars, $13,000 

County of Middlesex, six thousand dollars, - 6,000 

County of Worcester, six thousand dollars, - 6,000 

County of Plymouth, four thousand dollars, - 4,000 
County of Bristol, three thousand five hundred 

dollars, - - - - - 3,500 
County of Berkshire, three thousand dollars, - 3,000 
Couniy of Hampshire, five thousand dollars, - 5,000 
County of Franklin, three thousand dollars, - 3,000 
County of Barnstable, four thousand dollars, - 4,000 
County of Norfolk, six thousand five hundred dol- 
lars, -...-- 6,500 
County of Dukes County, one thousand seven hun- 
dred dollars, - - - 1,700 



JOHN V. LOW—FACTORIES. 139 



CHAP. CIV. 

Resolve for paying John V. Low. 
February 26th, 1825. 

Resolved^ That there be allowed and paid from the 
Treasury of this Commonwealth, to John V. Low, Assis- 
tant Messenger to the Governor and Council, two dollars 
for each and every day he has been or may be employed 
in that capacity, during the present session of the Council. 



CHAP. CV. 

Resolve in relation to Children employed in Factories, 
February 26th, 1825. 

Resolved, That the Selectmen of every town in this 
Commonwealth, and the Mayor and Aldermen of the City 
of Boston, be instructed to send to the office of the Secre- 
tary of the Commonwealth, before the first session of the 
next General Court, a statement of the number of persons 
of each sex, under sixteen years of age, employed by any 
incorporated manufacturing Company, within their town 
or city, setting forth the length of time during which they 
are usually kept at work, and the opportunities allowed 
and means provided for their education. 

Resolved, That the Secretary of the Commonwealth, 
cause a copy of the above Resolve to be sent to the said 
Selectmen, and to the said Mayor and Aldermen of the 
City of Boston. 



/40 Q. M. GENERAL—T. & T. B. WARREN. 



CHAP. CVI. 

Resolve making appropriations for the Quarter Mas- 
ter Generals Department. 
February 26th, 1825. 

Resolved^ That the sum of four thousand dollars be, and 
the same is hereby appropriated for the use of the Quai'- 
ter Master General's Department, for the purpose of re- 
pairing the public buildings, and defraying the expenses 
of that department ; and that the Governor of this Com- 
morwealth for the time being, by and with the advice of 
Council, be requested to draw his warrant on the treasur- 
er for the same, for such sums, and at such periods as the 
public service shall require, in favour of the Adjutant 
General, for the application of which he is to be accounica- 
ble. 



CHAP. CVH. 

Resolve on the petition of Thomas Warren and Thomas 
B. Warren, Aliens, praying that they may be allowed to 
hold real estate. 

February 26th, 1825. 

Resolved, For reasons set forth in said petition, that said 
Thomas Warren and Thomas B. Warren, be and they are 
hereby autnorized and empowered to receive deeds of 
real estate, in this Commonwealth, and hold the same in 
fee simple, in as full and ample manner as if they were 
naturalized citizens of the United States. 



NAHUM MITCHELL & G. W. COFFIN. 141 



CHAP. CVIIL 

Resolve discharging Hon. J^ahum Mitchell and G. W. 
Coffin^ Esq. from 76,109,28, and paying a balance due 
them as Agents for the sale of Eastern Lands. 
February 26th, 1825. 

The Committee of both Houses, on Eastern lands, to 
whom was referred the report and accounts of Nahum 
Mitchell, and George W. Coffin, Esquires, Agents for sel- 
ling Eastern lands, have examined the account of their 
proceedings, wherein they have received in money 
and securities the sum of seventy-six thousand one hun- 
dred and nine dollars, and twenty-eight cents -, and paid 
into the Treasury in money and securities, together with 
payments made to auctioneers, ad^'ertisements and other 
incidental charges, including the amount due said agents 
for services, the sum of seventy-six thousand eight hun- 
dred and sixty-five dollars and fifty-four cents ; and there 
appears to be a balance due to said Agents of seven hun- 
dred and fifty-six dollars and twenty-six cents, all of which 
appears to be right cast and well vouched. 

THOxMAS L. WINTHROP, Chairman. 
Therefore, 

Resolved, That Nahum Mitchell and George W. Coffin, 
Esquires, Agents for selling Eastern lands be and they are 
hereby discharged from the sum of seventy-six thousand 
one hundred and nine dollars and twenty-eight cents, and 
the Governor of this Commonwealth for the time being, 
with the advice and consent of the Council, is requested to 
draw his warrant in favour of Nahum Mitchell, Esquire, 
for the sum of three hundred dollars, and in favour of 
George W. Coffin, Esquire, for the sum of four hundred 
and fifty-six dollars and twenty-six cents, in full for the 
balance due them for their services as agents aforesaid to 
the 30th January last, and in full discharge of the balance 
of said account. 



142 WARD LOCK— CLERKS & CHAPLAINS. 



CHAP. CIX. 

Resolve in relation to Ward Lock. 
February 26th, 1825. 

Resolved^ That there be allowed and paid from the 
Treasury of this Commonwealth to Aphia Lock, widow of 
the late Ward Lock, one hundred dollars in full compen- 
sation for the services of the aforesaid Ward Lock, as 
assistant messen2;er to the Governor and Council, during 
their present session. 



CHAP. ex. 

Resolve for paying the Clerks of the two Houses^ and the 

Chaplains thereof. 

February 26th, 1825. 

Resolved^ That there be paid out of the treasury of this 
Commonwealth, to the Clerk of the Senate, six dollars 
per day, to the Clerk of the House of Representatives, six 
dollars per day, and to the assistant Clerk of the Senate, 
six dollars per day, for each and every day's attendance 
they have been or may be employed in that capacity, 
during the present session of the Legislature; and that 
there be paid to the Clerk of the House of Representa- 
tives, the additional sum of four dollars, for each and eve- 
ry day he may be so emplojed, in consideration of his 
having performed the whole clerical duty of that House. 

Resolved^ That there be allowed and paid out of the 
treasury of this Commnnwealth, to the Reverend Daniel 
Sharp, Chaplain of the St nate, and the Reverend William 
Jei>ks, Chaplain of the House of Representatives, sixty 
dollars each, in full for their services the present political 
year; and the Governor of the Commonwealth for the 
time being is requested to draw his warrant accordingly. 



PEWS AT AUCTION. 143 



CHAP. CXI. 

Resolve in relation to sale of Pews at Auction. 
February 26th, 182.5. 

Resolved^ That there be paid back, to all such Auction- 
eers who have paid over to the Treasurer, any tax for the 
Sale of pews or leases of pews, in any Meeting house or 
Church, in this Commonwealth, and that the Governor for 
the time being, with the advice of the Council, be and 
hereby is requested to draw his warrant on the Treasurer 
accordingly. 



ROLL No. 92 JANUARY, 1825. 



The Committee on Accounts having examined the 
several accounts presented to them Report, 

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

WM. W. PARROTT, Fer Order. 



PAUPER ACCOUNTS. 

Adams, for support of sundry Paupers, to Janu- 
ary 1st, 1825, 244 10 

Amesbury, for support of Moses Kinniston to 

January, 7th, 1825, 46 80 

Andover, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 92 97 

Attleborough, for support of sundry Paupers, to 

January 1st, 1825, 321 30 

Amherst, for support of sundry Paupers to Jan- 
uary 3d, 1825, 70 20 

Acton, for support of Thomas Jones, to October 

27th, 1825. 9 90 



PAUPER ACCOUNT. 145 

Alford, for support of sundry Paupers, to Janua- 
ry 1st, 1825, $166 10 
Ashburnham, for support of sundry Paupers, to 

January 1st, 1825, 167 60 

Ash ford New, for support of Patience Miles, to 

January 1st, 1825, 93 60 

Abington, for support of Major Humble till his 

death, 47 43 

Brighton, for support of John J. Barker, to De- 
cember, 1st, 1824, 70 20 

Brimfield, for support of Paupers, to January 

10, 1825, 101 32 

Belchertown, for support of sundr)'^ Paupers, to 

January 7th, 1825, 64 75 

Beverly, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 96 45 

Braintree New, for support of Mary Rogers to 

January 3d, 1825, 49 37 

Billerica, for support of sundry Paupers, to Jan- 
uary 14th, 1825, 66 00 

Barre, for support of sundry Paupers, to Janua- 
ry 14th, 1825, 204 46 

Barnstable, for support of Joseph Thomson to 

January 1st, 1825, 46 80 

Braintree, for support of sundry Paupers, Janua- 
ry 24th, 1825, 148 20 

Bradford, for support of Joshua L. AUins, to Jan- 
uary 1st, 1825, 46 80 

Bridge water North, for support of sundry Pau- 
pers, to January 10th, 1825, 118 35 

Barrington Great, for support of sundry Pau- 
pers, to January 6th, 1825, 233 02 

Bridgewater, for support of sundry Paupers, to 

January 17th, 1825, 127 84 

Bridgewater West, for support of James Norbury, 

to February 5th, 1825, 9 90 

Burlington, for support of sundry Paupers, to 

January 1st, 1825, 93 60 

Brookfield, for support of David Bliss, to May 

7th, 1824, 19 80 

19 



146 PAUPER ACCOUNTS. 

Boston Almshouse, for support of sundry Pau- 
pers to November 30th, 1824, % 4058 86 
Boston House of Industry, for support of sundry 

Paupers, to January 1st, 1825, 1209 09 

Boston House of Correction, for support of sun- 
dry Paupers, to January 1st, 1825, 1389 59 
Boston Rainsford Island, for support of sundry 

Paupers and Repairs, to January 1st, 1825, 187 47 

Chesterfield, for support of sundry Paupers, to 

January 1st, 1825, 93 60 

Cheshire, for support of sundry Paupers, to Jan- 
uary 9th, 1825, 157 22 

Conway, for support of sundry Paupers, to Janu- 
ary 1st, 1825, 185 59 

Chester, for support of sundry Paupers, to Janu- 
ary 3d, 1825, 217 36 

Carlisle, for support of Robert Barber, to Janua- 
ry 5tli, 1825, 28 80 

Chelsea, for support of Betsy Jones, to January 

1st, 1825, 44 10 

Canton, for support of Punkapogg Indians, to 

Jai.uary 14th, 'l825, 93 60 

Carver, for support of Martin Grad3% *^ January 

1st, 1825, 74 32 

Cummington,for support of Sarah Peach, to Jan- 
uary 1st, 1825, 39 60 

Colrain, for support of sundry Paupers to Janua- 
ry 8th, 1825, 250 65 

Cambridge, for support of sundry Paupers to 

January 26th, 1825, 1441 92 

Chelmsford, for support of sundry Paupers to 

January 1st, 1825, "' 168 21 

Charlestown, for support of sundry Paupers, to 

January 19th, 1825, 2277 57 

Dracutt, for support of Moses Freeman, to Janu- 
ary 10th, 1825, 46 80i 

Duxbury, for support of sundry Paupers, to Jan- 
uary 18th, 1825, 77 47 

Deerfield, for support of sundry Paupers, to Jan- 
uary 17th, 1825, 157 84 



PAUPER ACCOUNTS. 147 

Dedham House of Correction, Mace Smith, for 
support of Hance Skilliugs, to December, 24, 
1824, 

Dighton, for support of Hannah Tew, to Janua- 
ry 24, 1825, 

Dover, for support of sundry Paupers, to April 
3, 1824, 

Danvers, for support of sundry Paupers, &c. 
January 31st, 1825, 

Dorchester, for support of sundry Paupers, to 
January 17th, 1825, 

Dennis, for support of sundry Paupers to Janua- 
ry 15th, 1825, 

Esfremont, for support of sundry Paupers, to Jan- 
\iary 7th, 1825, 

Essex, for support of sundry Paupers, to Janua- 
ry 15th, 1823, 

Essex House of Correction, Thomas Wade, for 
support of sundry Paupers, to January 1 1th, 
1825, 

Falmouth, for support of Edward Edwards, to 
January 19th, 1825, 

Framingham, for support of Daniel Campbell, to 
January 3d, 1823, 

Fairhaven, for support of sundry Paupers to Jan- 
uary 1st, 1825, 

Freetown, for support of sundry Paupers, to 
January 14th, 1825, 

Granville, for support of sundry Paupers to Jan- 
uary 1st, 1825, 

Goshen, for support of Charles Connor, to De- 
cember 28th, 1824, 

Grafton, for support of sundry Paupers to Janu- 
ary 3d, 1825, 

Groton, for support of sundry Paupers to Janua- 
ry 10th, 1825, 

Gloucester, for support of sundry Paupers, to 
January 10th, 1825, 

Greenfield, for support of sundry Paupers, to 
January 10th, 1825, 



15 


75 


46 


80 


18 


20 


258 40 


140 41 


93 


60 


338 00 


111 


00 


602 


80 


46 


13 


27 


90 


145 


60 


117 


11 


55 


80 


11 


70 


89 


00 


210 


60 


443 


70 


12 82 



148 PAUPER ACCOUNTS. 

Hadley, for support of Rebecca Allen, to No- 
vember 15th, 1824, 40 50 

Hancock, for support of sundry Paupers, to Jan- 
uary 1st, IS'if), 175 00 

Hadley South, for support of sundry Paupers, 

to December 26th, 1824, 137 90 

Hanson, for support of Roda Prince, to Janua- 
ry 12th, 1825, 46 80 

Haverhill, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 66 10 

Heath, for support of Mary Dewandelain, to Jan- 
uary 25th, 1825, 26 00 

Hanover, for support of Mary- Ann Tuffs, to Jan- 
uary 24th, 1825, 29 70 

Littleton, for support of sundry Paupers, to Jan- 
uary 14th, 1825, 100 92 

Lonenburg, for support of William Sherrer, to 

October 4th, 1824, 35 74 

Lynn, for support of sundry Paupers, to Janua- 
ry 14th, 1825, 278 50 

Longmeadow, for support of sundry Paupers, to 

December 24th, 1824, • 142 20 

Lenox, for support of sundry Paupers, to Janua- 
ry 21st, 1825, 148 35 

Lee, for support of sundry Paupers, to January 

10th, 1825, 255 47 

Leyden, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 136 64 

Marshfield, for support of sundry Paupers, to 

December 23d, 1824, 93 60 

Milton, for support of sundry Paupers, to Jan- 
uary 19th, 1825, 105 60 

Mendon, for support of sundry Paupers, to Jan- 
uary 29th, 1825, 57 29 

Montague, for support of Edward Potter and 

wife, to January 8th, 1825, 59 40 

Medfield, for support of George Turner, to No- 
vember 25th, 1824, 46 80 

Medford, for support of Dorothy Linuen, to Jan- 
uary 1st, 1825, 46 80 



PAUPER ACCOUNTS. 149 

Marshpee Indians, Nymphas Marston, for sup- 
port of same to January 11th. 1825, 314 60 

Middleborough, for support of sundry Paupers, 

to January 1st, 1825, 265 85 

Milford, for support of sundry Paupers, to Feb- 
ruary 15th, 1825, 81 50 

Northampton, for support of sundry Paupers, to 

January 1st, 1825, 258 76 

Norwich, for support of Ruth Sanford, to Janua- 
ry 8th, 1825, 46 80 

Newbury port, for support of sundry Paupers, to 

January 1st, 1825, 821 80 

Nantucket, for support of sundry Paupers, to 

January 1st, 1825, 449 10 

Newton, for support of Margaret Lawton and 

child, to July 7th, 1824, 5 75 

Newbury, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 1027 39 

Palmer, for support of sundry Paupers, to Jan- 
uary nth, 1825, 59 40 

Pelham, for support of sundry Paupers, to Jan- 
uary 3d, 1825, 45 00 

Plymouth, for support of sundry Paupers, to 

January 14th, 1825, 228 41 

Petersham, for support of Joseph Johnson, till 

his death, 8 60 

Pepperill, for support of sundry Paupers, to Jan- 
uary 1st, 1825, • 118 60 

Quincv, for support of William Oliphant, to Au- 
gust 17th, 1824, 41 79 

Randolph, for support of Francis Mess, till his 

death, 30 58 

Russell, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 84 09 

Richmond, for support of sundry Paupers, to 

January 7th, 1825, 218 40 

Rowley, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 88 84 

Rehoboth, for support of sundry Paupers, to Jan- 
uary 7th, 1825, 397 40 
Roxbury, for support of sundry Paupers, to Jan- 
uary 3d, 1825, 215 58 



150 PAUPER ACCOUNTS. 

Swanzey, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 114 68 

Sandwich, for support of Esther Raymond, till 

her death, 29 05 

Shelburne, for support of sundry Paupers, to 

January 14th, 1825, 124 40 

Sandisfield, for support of sundry Paupers, to 

January 1st, 1825, 87 00 

Sharon, for support of sundry Paupers, to Jan- 
uary 20, 1825, 113 24 

Springfield, for support of sundry Paupers, to 

January 3d, 1825, 206 12 

Seekonk, for support of sundry Paupers, to Jan- 
uary 3d, 1825, 250 90 

Spencer, for support of sundry Paupers, to Jan- 
uary 16th, 1825, 163 20 

Sutton, for support of WilUam Metcalf, till his 

death, 45 50 

Southbridge, for support of sundry Paupers, to 

October 17th, 1824, 54 37 

Sturbridge, for support of sundry Paupers, to 

December 30th, 1824, " 54 00 

Somerset, for support of sundry Paupers, to Jan- 
uary 3d, 1825, 57 60 

Shirley, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 59 80 

Springfield West, for support of sundry Paupers, 

to January 1st, 1825, 75 40 

Stoughton, for support of sundry Paupers, to 

January 8th, 1825, 50 85 

Stockbridge West, for support of sundry Pau- 
pers, to January 1st, 1825, 187 20 

Stockbridge, for support of sundry Paupers, to 

December 1st, 1824, 222 08 

Situate, for support ©f James M'Clere, to Jan- 
uary 16th, 1825, 2 95 

Stow, for support of John Dunn, to January 

10th, 1825, 46 80 

. Salem, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 1505 25 

Sheffield, for support of Sundry Paupers, to Jan- 
uary 8th, 1825, 243 37 



PAUPER ACCOUNTS. 151 

Tyringham, for support of sundry Paupers, to 

January 1st, 1825, 176 40 

Taunton, for support of sundry Paupers, to Jan- 
uary 1st, 1825, 241 75 

Troy Indians, ShefTel Weaver, guardian of said 

Indians, account, to January 7th, 1825, 36 84 

Tyngsborough, for support of sundry Paupers, 

to February 7th, 1825, 11 20 

Uxbridge, for support of sundry Paupers, to Jan- 
uary 7th, 1825, 26 00 

Winchenden, for support of Richard Furlong, to 

January 1st, 1825, 46 80 

Westford, for support of Ephraim Spalding, to 

January 1st, 1825, 46 80 

Washington, for support of sundry Paupers, to 

January 1st, 1825, 102 40 

Westborough, for support of sundry Paupers, to 

January 1st, 1825, 144 11 

Waltham, for support of Sary Ellis, to Janua- 
ry 1st, 1825, 86 40 

Wrentham, for support of sundry Paupers, to 

January 1st, 1825, 39 50 

Wilbraham, for support of sundry Paupers, to 

January 14th, 1825, 27 50 

Wareham, for support of William Long, till his 

death, 17 60 

Westfield, for support of sundry Paupers, to 

January 1st, 1825, ' 192 07 

Watertown, for support of sundry Paupers, to 

January 1st, 1825, 177 80 

Walpole, for support of sundry Paupers, to Jan- 
uary 14th, 1825, 142 60 

Williamstown, for support of sundry Paupers, to 

January 20th, 1825, 362 28 

Worcester, for support of sundry Paupers, to 

January 7th, 1825, 73 80 

Ware, for support of John I. Upham, to Janua- 
ry 5th, 1825, 46 80 
Worthington, for support of sundry Paupers, to 

January 1st, 1825, 67 10 

Wenham, for support of Pompey Porter, to Jan- 
uary 1st, 1825; 46 80 



152 SHERIFFS' AND CORONERS' ACCOUNTS. 

Westhanipton, for support of sundry Paupers, 

January 5th, 1825, Jg 139 16 

Yarmouth, for support of sundry Paupers, to 

January 9th, 1825, 151 73 



SHERIFFS' AND CORONERS' ACCOUNTS. 

January, 1825. 

Nathaniel Austin, Sheriff of Middlesex County, 

for returning votes, &c. to January 11th, 1825, % 32 15 

Henry C. Brown, Sheriff of Berkshire County, 

for returning votes, &c. to November 1st, 1824, 70 00 

Bailey Bartlett, Sheriff of Essex County, for re- 
turning votes, &c. to January 1st, 1825, 35 50 

David Blood, junior. Coroner of Middlesex Coun- 
ty, for Inquisition, &c. to June 2d, 1824, 9 98 

Nathan Bowen, Coroner for Essex County, for 

Inquisitions, &c. to October 27th, 1824, 8 06 

Thomas Badger, Coroner for Suffolk County, for 

Inquisitions, &c. to January 4th, 1 825, 80 40 

Benjamin Blanchard, Coroner of Essex County, 

for Inquisitions to January 1st, 1825, 9 09 

Elijah Crane, Sheriff of Norfolk County, for re- 
turning votes, &c. to January 20th, 1825, * 61 74 

David Crocker, Sheriff of Barnstable County, for 

returning votes, &c. to January 1st, 1825, 31 80 

John Cook, junior, Coroner of Essex County, 

for Inquisitions, &c. to January 1st, 1825, 16 96 

Lewis Dickinson, Coroner of Franklin County, 

for Inquisitions, to January 1st, 1825, 13 18 

Enoch Foot, Coroner of Essex County, for In- 
quisitions, &c. to July 10th, 1824, 8 40 

Uriah Gardner, Sheriff of Nantucket, for return- 
ing votes, &c. to December 23d, 1824, 53 72 



PRINTERS' AND MISCEL. ACCOUNTS. 153 

Nathan Hay ward, Sheriff of Plymouth County, 

for returning votes, &c. to January 1st, 1825, )S 16 27 

Epaphras Hoyt, Sheriff of Franklin County, for 

returning votes, to January 19th, 1825, 54 50 

Samuel H. Hewes^ Coroner of Suffolk County^ 

for Inquisitions, to January 1st, 1825, 17 38 

Jotham Johnson, Coroner of Middlesex County, 

for Inquisition, &c. to January 1st, 1825, 24 96 

Aaron Kingsbury, Coroner of Norfolk County, 

for inquisitions, &c. to November 13th, 1824, 9 38 

Joseph Lyman, Sheriff of Hampshire County, 

for returning votes, &c. to January 7th, 1825, 59 00 

Horatio Leonard, Sheriff of Bristol County, for 

returning votes, &c. to January 20th, 1825, 32 60 

John Phelps, Sheriff of Hampden County, for 

returning votes, &c. to January 1st, 1825, 69 00 

Isaiah D. Pease, Sheriff of Dukes County, for 

returning votes, &c. to January 1st, 1825, 17 00 

Joseph Pike, Coroner of Essex County, for In- 
quisitions, to January 1st, 1825, 8 08 

Thomas W. Ward, late Sheriff of Worcester 
County, for returning votes, &c. to October 
14th, 1824, 16 71 

William F. Wade, Coroner of Essex County, for 

Inquisitions, to January 21st, 1825, X3 66 



PRINTERS' AND MISCELLANEOUS ACCOUNTS. 

January, 1825. 

William Armstrong, for Copper Pans, &c. per 

account, to January 7th, 1825, $ 7. ^7 

M. Allen, for printing Laws, &c. to August 1st, 

1824, 21 67 

Phinehas Allen, for printing Laws, &c. to Janua- 
ry 1st. 1825, 19 42 
20 



154 PRINTERS' AND MISCEL. ACCOUNTS. 

Agricultural Society, Thomas L. Winthrop, for 

Botanic Garden, ' % 600 00 

William Adams, for repairs of State House, per 

account, 16 66 

Thomas Aves, Page to the House, to February 

26th, 1825, 57 50 

Jonathan Allen, for expenses of sale of the 

States' land in Sheffield and Mt. Washington, 26 00 

Ballard and Wright, for printing Laws, and fur- 
nishing Paper to members, to July 31st, 1824, 133 42 
2d account do. for printing, &c. to February 
21st, 1825, 75 

Ballard and Prince, for Carpeting for State 

House, 39 85 

Ambrose Blaney, for tin Lanterns, &c. for Stste 
House, 

Abraham Bird, for Lumber, &c. for State House, 

Henry Blaney, for Labor repairing State House, 

J. W. Burduit, for sundry Stationary, 

Rufus Baxter, junior, for services fixing Carpets 
at the State House, 

Samuel Bradlee, for Nails, Locks, &c. for State 
House, 

Boston City, for fixing Drains, &c. February 
23d, 1825, 

Joseph T. Buckingham, for Advertising, &c. to 
February 24th, 1825, 

Henry Bacon, for assisting Messenger of the 
House, to February 26th, 1825, 

Commissioners, to examine Treasurer's Ac- 
counts, viz. 

Joseph Strong, 
Barker Burnell, 
Robert Rantoul, 
William Ellis, 
Samuel M. M'Kay, 

William W. Clapp, for printing Laws and fur- 
nishing papers to members, to January 1 st, 
1825, 

Elijah W. Cutting, Assistant Messenger, to Feb- 
ruary 26th, 1B25, 



PRINTERS' AND MISCEL. ACCOUNTS. 155 

Warren Chase, for assisting Messenger of the 

House, to February 26th, 1825, % 100 00 

Allen Danforth, for printing Laws, &c. to May 
1st, 1824, 

William Durant, for Glass for the State House, 

Simon Gardner's Estate, for printing Laws and 
furnishing newspapers, 

John G. Hooper, for attendance on contested 
Elections, January 1st, 1825, 

Nathan Hale, for Advertising and Printing, &c. 

to February 21st, 1825, 

G. Hallock, for furnishing sundry members of 
Court with newspapers, to Februry 19th, 1824, 

Sylvester Judd, for Printing Laws, &c. to De- 
cember, 1824, 

Jacob Kuhn, for filing Papers, by order of the 
Senate, 

George Kuhn, for assisting the Messenger of the 
House, to February 26th, 1825, 

Amos Lincoln, for Painting and Varnishing at 
the State House, 

Samuel F. Lancey, for furnishing Room, &c. for 
Committee on gaols, 

H. and W. H. Mann, for printing Laws, &c. to 
January 1st, 1825, 

New England Farmer Proprietor, for furnishing 
Papers to the Legislature, to February 24th, 
1825, 

William Nichols, for Newspapers, to February 
24(h, 1825, 

Ansel Phelps, for printing Laws, &c. to January 
1st, 1825, 

Joseph H. Pierce, Agent at Washington for Mas- 
sachusetts Claims, 

Benjamin Russell, for Newspapers, Notices, &c. 
to January 1st, 1825, 

D. Reed, for furnishing Christian Register to 
Members of the General Court, to February 
23d, 1825, 

True & Greene, for sundry Printing, per ac- 
count, to February 25th, 1825, 



20 


67 


56 


55 


62 


67 


4 


00 


5 


50 


8 


00 


24 


67 


90 00 


94 00 


89 09 


8 


00 


16 66 


29 


55 


10 46 


16 


67 


1451 


08 


34 45 


12 48 


1412 


67 



156 MILITARY ACCOUNTS. 

Weils & Lilly, for printing AgriculturalJournals, 

&c. to January 1st, 1825, $ 400 00 

John H. Wheeler, for sundry repairs of the State 

House, 345 52 

Willis & Hallock, for furnishins; Newspapers to 

Members of the House, to February, 1825, 7 00 

Youns & Minns, for furnishing Newspaper and 

publishing Orders, to October 15th, 1824, 16 10 



MILITARY ACCOUNTS. 

Aid-de-Camps to Major Generals. 

Coffin Timothy G., account to January 1st, 

1825, 
Hopkuis Thomas, account to January 1st, 1825, 
Rice Caleb, account to January 1st, 1825, 
Stickney John, account to January 1st, 1825, 
Torrey Ebenezer, account to January 1st, 1825, 



Brigade ^Majors. 

, Allen Alfred, account to January 1st, 1825, 
Bacon John, account to September 14th, 1823, 

tBrimmer Martin, account to January 1st, 1825, 
Butterfield Joseph, account to January 1st, 1825, 
Cobb David G. W. account to January 1st, 1825, 
Colt Ezekiel R. account to January 1st, 1825, 
Gilbert Thomas, account to January 1st, 1825, 
Hastings Rufus, account to January 1st, 1825, 
Heard Nathan, junior, account to March 15th, 

1824, 
Hubbell Calvin, junior, account to July 16th, 

- 1824, 

Low Joseph L. account to January 1st, 1825, 
Sampson Joseph, account to January 1st, 1825, 



MILITARY ACCOUNTS. 157 

Sheldon Thomas, account to January 1st, 1825, $ 40 00 

Smith Henry D. account to January 1st, 1825, 73 33 

Twining Thomas, account to January 1st, 1825, 40 00 
Wilder Nathaniel, junior, account to January 1st, 

1825, 40 00 

Wild George C. account to January 1st 1825, 10 00 



Mjutants. 

Adams Stephen, junior, account to January 1st, 

1825, 
Adams Otis, account, to January 1st, 1825, 
Abbott Paschal, account to January 1st, 1825, 
Ayres Richard 3d, accoimt to January 1st, 1825, 
At wood George B. account to January 1st, 1825, 
Baker Walter, account to July 15th, 1824, 
Brown William, account to January 1st, 1825, 
Brown William, account, 3d Regiment, 2d Brig- 
ade, 2d Division, to January 1st, 1825, 
JJancroft William A. to January 1st, 1825, 
Blood Charley, account to January 1st, 1825, 
Brigham Moses, account to January 1st, 1825, 
Bryant Nathan, junior, account to January 1st, 

1825, 
Bridge Charles, account to January 1st, 1825, 
Cushing Ned, account to January 1st, 1825, 
Cleaveland William N. account to January 1st, 

1825, 
Capen Asahel, account to May 17th, 1824, 
Clark Josiah, account to January 1st, 1825, 
Chapin Chester W. to January 1st, 1825, 
Crosby Logan account to June 1st, 1824, 
CoUamore Horace, account to January 1st, 1825, 
Cobb David, junior, account to January 1st, 1825, 
Colt Ezekiel R. account to July 17th, 1824, 
Derby John 4th, account to August 27th, 1824, 
Dixey Edmund F. account to January 1st, 1825, 
Dickenson Thpmas, account to January 1st, 1825, 



25 


00 


25 


00 


15 


00 


37 


50 


25 


00 


13 


54 


8 


54 


25 


00 


25 


00 


25 


00 


15 


00 


25 


00 


25 


00 


25 


00 


15 


83 


12 


05 


25 


00 


25 


00 


35 


42 


25 


00 


48 


61 


7 


33 


37 


50 


15 


00 


25 


00 



158 MILITARY ACCOUNTS. 

Dyer Samel N. account to January 1st, 1825, $ 15 00 
Eaton Ebenezer R. account to August 15th, 

1824, 
Easterbrook Jonas, account to January 1st, 1825, 
Eggleston Thomas, account to January 1st, 1825, 
Fisher Calvin junior, account to January 1st, 

1825, 
Field William, account to January 1st, 1825, 
Forward Robert, account to January 1st, 1825, 
Fessenden Sewall, account to January 1st, 1825, 
Gibbons George M. account to January 1st, 

1825, 
Green Joseph W. account to April 28th, 1823, 
Goss Clark, account to June 23d, 1824, 
Holden Francis, account to January 1st, 1825, 
Haines Guy C. account to January 1st, 1825, 
Hedge Isaac L. account to January 1st, 1825, 
Haskell Joseph, account to January 1st, 1825, 
Hamblin Joseph, account to January 1st, 1825, 
Hitchcock Augustus, account to January 1st, 

1825, 
Hubbell Stoddard, account to January 1st, 1825, 
Ingersoll David P. account to January 1st, 1325, 
Kimball Charles, account to January 1st, 1825, 
Lynes Samuel, account to January 1st, 1825, 
Moseley Thomas M. account to January 1st, 

1825, 
Mountfort N. B. account to January 1st, 1825, 
Miles Josiah, account to July 1st, 1823, 
Newton Isaac, junior, account to January 1st, 

1825, 
Orr Hector, account to January 1st, 1825, 
Partridge Wm. W. account to January 1st, 1825, 
Rodgers Daniel W. account January 1st, 1825, 
Richardson Peter, 2d. account to January 1st, 

1825, 
Sanford Sewall, account to July 29th, 1824, 
Savels John A. account to January 1st, 1825, 
Sheldon Israel, account to September 4th, 1824, 
Sutton Rbenezer, account to January 1st, 1825, 
Stow* Martin L. account to January 1st, 1825, 



25 


00 


25 


00 


25 


00 


15 


00 


39 


23 


25 


00 


25 


00 


25 


00 


5 


00 


12 


03 


9 


72 


25 


00 


25 


00 


15 


oo 


25 


00 


15 


00 


25 


00 


25 


00 


25 


00 


15 


00 


15 


00 


25 


00 


12 


50 


25 


00 


50 


00 


25 


00 


25 


00 


38 


96 


39 


51 


25 


00 


16 


97 


22 


92 


19 00 



MILITARY ACCOUNTS. 159 

Sawyer Lyman account to January 1st, 1825, $ 12 97 
Shiverick Samuel juii. account to September 25th, 

1824, 15 00 
Saxton William B. account to January 1st, 1825, 15 00 
Tuck Daniel, account to January 1st, 1825, 30 00 
Thomson AracI, account to January 1st, 1825, 25 00 
Tucker Samuel, account to January 1st, 1825, 25 00 
Tucker George T. account to January 1st, 

1825, 15 00 
Wilde Jonathan, junior, account to January 1st, 

1825, 25 00 

Ward Julius, account to January 1st, 1825, 31 94 

Wright David, account to January 1st, 1825, 25 00 
Wheaton Jonathan, junior, account to January 

1st, 1825, 20 83 

Wood Asa, account to January 1st, 1825, 25 00 

Wright Simeon B. account to January 1st, 1825, 25 00 



Hauling Artillery. 

Abbott Abel, account to January 1st, 1825, 4 00 

Ames Galen, account to January 1st, 1825, 7 50 

Allen Joseph, account to January 1st, 1825, 10 00 

Arnold Orange H. account to January 1st, 1825, 6 00 

Battles T. D. account to January 1st, 1825, 30 00 

Bradbury Ebenezer, account to January 1st, 1825, 28 00 

Brown Aaron, account to January 1st, 1825, 14 00 

Briggs Enoch, account to January 1st, 1825, 7 60 

Browning Joshua, account to January 1st, 1825, 6 00 

Bissel E. M. account to January 1st, 1825, 2 25 

Baldwin Henry, account to Januar}^ 1st, 1825, 6 25 

Cotton Richard, account to January 1st, 1825, 18 17 

Curtis Levi, account to January 1st, 1825, 10 00 

Ellis George P. account to January 1st, 1825, 10 00 

Eldred David, account to January 1st, 1825, 12 00 
Fullam Jacob, junior, account to January 1st, 

1825, 5 00 



160 MILITARY ACCOUNTS. 

Goodman Ithamar, account to January 1st, 1825, $ 6 87 

Hollis John B. account to January 1st, 1825, 10 00 

Hartshorn Lewis, account to January 1st, 1825, 12 00 

Harrington Nathan, account to January 1st, J 825, 10 00 

Harrison John, account to January 1st, 1825, 9 00 
Jones Alexander H. account to January 1st, 

1825, 35 00 

Lane ('alvin, account to January 1st, 1825, 8 75 

Livermore Thomas, account to January 1st, 1825, 10 00 

Mason Jonathan B. a^-count to January 1st, 1825, 10 00 

Mosely David, account to January 1st, 1825, 6 25 

Mahew George, account to January 1st, 1825, 18 75 

McKinstry William, account to January 1st, 1825, 15 00 

Maynard Daniel F. account to January 1st, 1825, 5 00 

Parks John, account to January 1st, 1825, 10 00 

Putnam Charles, account to January 1st, 1825, 24 00 

Rodes John S. account to January 1st, 1825, 10 00 

Robbins Loring G. account to January 1st, 1825, 3 00 

Stacy John G. account to January 1st, 1825, 20 00 

Tuttle Jedediah, account to Jannary 1st, 1825, 20 00 

Withington Levi, account to January 1st, 1825, 10 00 

Wade John, account to January 1st, 1825, 30 00 

White Otis, account to January 1st, 1825, 10 00 
Walker Hezekiah, junior, account to January 

1st, 1825, S 00 



Aggregate of Roll, JVo 92. 

Expense of State Paupers, ;g30,676 59 

« " Sheriffs and Coroners, - - - _ 769 52 

" " Printers and Miscellaneous, - - 6,117 00 

'^ « Military, .---,... 2,854 25 

$40,417 36 



RESOLVE. 161 

Resolved, That there be allowed and paid out of the 
Public Treasury to the several Corporations and persons 
mentioned in this Roll, the sums set against such Corpora- 
tions and persons names respectively, amounting in the 
whole, to forty thousand four hundred and seventeen dollars 
and thirty-six cents, the same being in full discharge of 
the accounts and demands to which they refer. 

In Senate, February 26fA, 1825. — Read and passed. 
Sent down for concurrence. 

NATHANIEL SILSBEE, President 

House of Representatives, February 26/A, 1825. — Twice 
read, and passed in concurrence. 

WILLIAM C. JARVIS, Speaker, 

February 2Sth, 1825. — Approved, 

MARCUS MORTON. 



SECRETARY'S OFFICE, MAY, 9, 1825. 
I CERTIFY, that I have compared the Resolves, printed in 
this pamphlet, with the original Resolves as passed by the Legis- 
lature, at their session in January and February last, and that they 
appear to be correct. 

EDWARD D. BANGS, 

Secretary of the Commonwealth' 
21 



INDEX 

to RESOLVES, PASSED IN JANUARY AND FEBRUARY, 1825. 



A. 

Academy Nichols, half a township granted to Trustees, 107 
" Hopkins, " to be located and surveyed, 120 
Adams Joseph, junior, pay granted for a wound received on mili- 
tary duty, 133 

Agent of the Land Office, to take measures to ascertain the ex- 
tent of depredations on eastern lands, 123 
" to cancel notes for trespass on No. 6, 107 
" to locate and survey half a township 

granted Hopkins Academy, . . 120 

Agents for the sale of Eastern Lands, discharged from ,^76,109 28, 

and pay granted them, . . . 141 

" 10 endorse on notes of Z. French and 

others, 116 

Agricultural Society in Bristol Conntv, money granted to, . 98 

Amherst Collegiate Institution, rommittee for investigating affairs 

of, compensated, .... 99 

" expenses attending the investigation of 

its affairs provided for, . . . 113 
Asylum for Deaf and Dumb, at Hartford, pay pranted to visitors 

of, 133 

" " see Deaf and Dumb. 

Auction, Duties on sales of pews in churches, &lc, to be refunded, 143 

B. 

Baldwin Benjamin, to be allowed a certain sum on his notes due 

to the Commonwealth, . , .... 115 

Bancroft x^mos, Esq. authorized to sell and convey the interest of 

his four minor children in certain real estate, . . 96 

Bellingham, meeting of parish in, may be called, . . . 108 

Bristol Agricultural Society, money granted to, ... 98 



CIVIL GOVERNMENT 

OF THE 

FOR THE POLITICAL YEAR 1825....6. 



HIS EXCELLENCY 



LEVI LINCOLN, ESaUIRE 



GOVERNOR. 



HIS HONOR 



MARCUS MORTON, ESQUIRE, 

ZiXEUTElTANT GOVERNOR. 



HON. AARON HILL, 

" THOMAS WESTON, 

« NATHAN CHANDLER, 

•' NATHAN WILLIS, 

" EDMUND CUSHING, 

« JVIRI S WARE, 

« JAMES FOWLER, 

" STEPHEN BARKER, 

'' HEZEKIAH BARNARD. 



EDWARD D. BANGS, ESQUIRE, 

Secretary of the Commonwealth. 

HON. NAHUM MITCHELL, 

Treasurer of the Commonwealth. 



SENATE 



HON. NATHANIEL SILSBEE, 

PRESIDENT. 



SUFFOLK DISTRICT. 

Hon. Benjamin Russell, Hon. Thomas L. Winthrop. 

Francis C. Gray, James Savage, 

James T. Austin, Jacob Hall. 

ESSEX DISTRICT 

Hon. Nathaniel Silsbee, Hon. John G. King, 

John Prince, Nathan Noyes, 

Moses Wingate, Stephen White. 

MIDDLESEX DISTRICT. 

Hon. John Keyes, Hon. Micah M. Rutter, 

Seth Knowles, Abel Jewett, 

Samuel Hoar, jun. 

WORCESTER DISTRICT. 

Hon. Joseph G. Kendall, Hon. Nathaniel Houghton, 
Bezaleel Taft, jun. William Crawford, jun. 

William Eaton, 

HAMPSHIRE DISTRICT. 

Hon. David Mack, jun. Hon. Elihu Lymaik 

HAMPDEN DISTRICT. 

Hon. John Mills, Hon. Justice Willard. 



SENATE. 167 

BERKSHIRE DISTRICT. 

Hon. Rodman Hazard, Hon. Samuel Shears. 

NORFOLK DISTRICT. 

Hon. Josiah J. Fiske, Hon. William Ellis. 

Henry Gardner, 

PLYMOUTH DISTRICT. 

Hon. William Baylies, Hon. Benjamin Ellis. 

BRISTOL DISTRICT. 

Hon. John Mason, Hon. Solomon Pratt. 

Joseph Tripp, 

BARNSTABLE DISTRICT. 

Hon. Braddock Dimmick. 

NANTUCKET DISTRICT. 

Hon. Barker Burnell. 

FRANKLIN DISTRICT. 

Hon. Thomas Longley, Hon. George Grennell, jun. 



Paul Willard, Esq. Clerk. 

John Farrie, jun. Esq. Assistant Clerk. 

Rev. Samuel Barrett, Chaplain. 



HOUSE OF REPRESENTATIVES. 



HON. TIMOTHY FULLEU, 

SPEAKER. 



Boston, 



Chelsea, 

Ameshury, 
Andover, 



COUNTY OF SUFFOLK. 

Redford Webster, 
Daniel Messinpjer, 
William Sturgis, 
David Sears, 
Enoch Silsby, 
Joseph Austin, 
Heman Lincoln, 
Elijah Morse, 
Thomas Motley, 
George W. Otis, 
Jonathan Phillips, 
Theodore Lyman, Junior, 
Samuel L. Knapp, 
Franklin Dexter, 
Francis Jackson, 
Israel Munson, 
WiUard Phillips, 
Bradford Sumner, 
Daniel Weld, 
Thomas B. Wales- 

COUNTY OF ESSEX. 

Stephen Sargent, Junior. 
Amos Spaulding, 



HOUSE OF REPRESENTATIVES. 



16S 



Beverly, 


Robert Rantoul, 




Oliver Obear, 


Boxford, 




Bradford, 




Danvers, 


John Endicolt, 




John Page, 


Essex, 




Gloucester, 


William Beach, 


Hamilton, 




Haverhill, 


Stephen Minot, 


Ipswich, 


Joseph Farley, 


Lynn, 




Lyjitifield, 




Manchester, 




Marblehead, 


Nathan B. Martin, 


Methuen, 




Middleton, 




JSlewbury, 


Moses Little, 




Daniel Adams, 


JVewburyport, 


John Coffin, 




Caleb Cushing, 




Ebenezer Shillaber, 


Rotvley, 




Salem, 


Joseph Ropes, 




Joseph Winn, 




Nathaniel Frothingham^ 




David Putnam, 




Stephen C. Phillips, 


Salisbury f 


Samuel March, 


Saugus, 




Topsjield, 




Wenhom, 




West JYewbury^ 


Daniel Emery. 



170 



HOUSE OF REPRESENTATIVES, 



COUNTY OF JVIIDDLESEX. 



^^cton, 


Francis Tuttle, 


^^shby, 




Bedford, 




Billerica, 




Brighton, 


Francis Winship, 


Burlington, 




Cambridge, 


Timothy Fuller, 




Levi Farwell, 




Newell Bent, 




Ephraim Buttrick, 


Carlisle, 




Charlesioivn, 


Leonard M. Parker, 




James K. Frothingham, 




Benjamin Whipple, 




Thomas J. Goodwin, 




Oliver Holden, 




Samuel Jaques, Junior, 


Chelmsford, 


Jonathan Perham, 


Concord, 


Nathan Brooks, 


Bracut, 


Benjamin F. Varnum, 


Dunstable, 




East Sudbury, 




Framingham, 


Charles Train, 


Groton, 


Samuel Dana, 


Holliston, 




Hopkinton, 


Joseph Valentine. 


Lexington, 




Li?icoln, 


Joel Smith, 


Littleto7i, 




Maiden, 


Cotton Sprague, 


Marlborough, 





HOUSE OF REPRESENTATIVES. 



171 



Medford, 

JVatick^ 

JVeivton., 

Pepperell, 

Reading, 

Sherburne, 

Shirley, 

South Reading, 

Stoneham, 

Slow and Boxborough, 

Stidbitri/f 

Teivksbiiry, 

Townsend, 

1 yngsborough, 

Waltham, 

Waterloivn, 

West Cambridge, 

Westford, 

Wilmington, 

Woburn, 

Weston. 

COUNTY 

^shburnham, 

Athol, 

Barre, 

Berlin, 

Bolton, 

Boy Is ton, 

Brookfield, 

Charlton, 

Dana, 

Douglas, 

23 



Dudley Hall, 
Thacher Magoun, 



Francis Blood, 
Edmund Parker, 



Thomas Emerson, Junior, 
William Richardson, 
Ephraim W hitcomb, 
Abel Wheeler, 



Luke Fiske, 
Marshal B. Spring, 
Thomas Russell, 



Marshal Fowle, 

OF WORCESTER. 
Abraham T. Low, 
James Humphreys, 



Barnard Nurse, 
Thomas Bond, 



172 



HOUSE OF REPRESENTATIVES. 



Dudley, 

Fitchburg^ 

Gardner^ 

Grafton, 

Hardwick, 

Harvard, 

Hold en, 

Hubbardston, 

Lancaster, 

Leicester, 

Leominster, 

Lunenburg, 

jyiendon, 

Milford, 

Milbury, 

JSTeiv Braintree, 

Jforthborough, 

J^orthbridge, 

jyorth Brookfield^ 

Oakham, 

Oxford, 

Paxton, 

Petersham, 

Princeton, 

Phillipston, 

Royalston, 

Rutland, 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer, 

Sterling, 

Sturbridge, 



John Shepley, 
W illiam Whitney, 
Cyrus Lelanii, 



Nathaniel P. Denny, 
William Perry, 

Esek Pitts, 



Joseph Estabrook, 



Perley Whipple, 
Oliver Hooker, 



HOUSE OF REPRESENTATIVES. 



173 



Sutton, 

Temp let 071, 

Upton, 

Uxbridge, 

Ward, 

Westboroiigh, 

West Boylston, 

Western, 

Westminster, 

Winchendon, 

Worcester. 

COUNTY 
Amherst, 
Belchertown, 
Cheste?ifield, 
Cmnmington, 
Easthampton, 
Enfield, 
Granby, 
Goshen, 
Greentvich, 
Hadley, 
Hatfield, 
Middlefield, 
J^orthampton, 

JYorwich, 

Pelham, 

Plainfield, 

Prescott, 

Southampton, 

South Hadley, 

Ware,, 



Josiah Howe, 
Joseph Thayer, 



Joseph Hinds, 
Harvey Sessions, 

Isaac Morse, 
John W. Lincoln, 
OF HAMPSHIRE. 

Mark DooHttle, 

Ehphalet Packard, 



Charles Ferry, 



John Taylor, 
Jonathan H. Lyman, 



John Lyman, 
Joel Hayes*, Junior, 
Aaron Gould, 



174 HOUSE OF REPRESENTATIVES. 

Westhamptofi, 
Williamsburg^ 
Worthington. 

COUNTY OF HAMPDEN. 

Blandford, Reuben Boies, Junior. 

Brifnfield, John Wyles, 

Chester, 

Granville, James Cooley, 

Holland and S. Brimjleld, 

Longmeadoio, 

Ludlow, 

Monson, Jonathan Torrey, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Spritigjleld, William B. Calhoun, 

Tolland, 

West Springfield, Caleb Rice, 

Wilbraham, 

Westfield, 

COUNTY OF FRANKLIN. 
Ashfield, 
Barnardston, 
Buckland, 
Charlemont, 

Coleraine, Charles Thompson, 

Comoay, 

Veerfield, Elihu Hoyt, 

Gill, 

Greenfield^ 
Mawley, 



HOUSE OF REPRESENTATIVES. 



175 



Jonathan Gregory 
Thomas Mason, 



Heath, 

Leverett, 

Lei/den, 

Montasiue, 

JVeiv 'Sfdcm^ 

JsTorthfieldi 

Orange, 

Rotve, 

tShelburne, 

Shutesbiiry, 

Sunderland, 

Warwick, 

Wendell, 

Whately, 

Erving's Grant. 

COUNTY OF BERKSHIRE. 



Erastus Graves, 

Joshua Green, 
John White, 



Mams, 

Alford, 

Becket, 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, 

Florida, 

Great Barrington, 

Gore, 

Hancock, 

Hinsdale, 

Lanesborough, 

Lee, 

Lenox, 

Monroe, 

Mount Washington, 



Peter Briggs, 

Russell Brown, 

John HoUenbeck, 
Ebenezer Pope, 



Henry Shaw, 
Hubbard Bartlett, 
Levi Belden, 



176 HOUSE OF REPRESENTATIVES. 

Isaac Turner, 



J^etv Ashford, 

JVew Marlborough, 

Otis, 

Peru, 

Pittsficld, 

Richmond, 

Sandisfield, 

Savoy, 

Sheffield, 

Stockbridge, 

Tyringham, 

Washington, 

West Stockbridge, 

Williamstown, 

Windsor, 

Zoar. 



Henry Pierce, 
Samuel M. McKay, 

Jabez Bosworth, 

Norman Hickok, 
Theodore Sedgwick, 
Lawson D. Bid well, 

Luther Plumb, 
Stephen Hosford, 



Bellingham, 

Braintree, 

Brookline, 

Canto?i, 

Cohasset, r** » 

Dedham, 

Dorchester, 

Foxborough, 

Franklin, 

Medjield and Dover, 

Milton, 

Medtoay, 

JVeedham, 

Quincy, 

Randolph, 



COUNTY OF NORFOLK. 

Amos Stetson, 
John Robinson, 



Richard Ellis, 



Peter Whitney, 



HOUSE OF REPRESENTATIVES. 



17t 



Roxbury, 



Sharon, 

Stonghtorit 

Walpole, 

Weymouth, 

Wrentham, 

^ttlfiborough, 

Bei'kley, 

Dartmouth, 



IH^hfon, 

JEasfon, 
Fairhaven^ 



Freetown, 

Mansfield, 
J\*ew Bedford, 



JVorton, 

Raynham^ 

Rehoboth, 

Seekonk, 

Somerset, 



Sherman Leland, 

I.saac Davis, 

David A. Simmons, 

David S. Greenough, Junior, 

Adam Smith, 

John Drake, 
Harvey Clap, 
Levi Bates, 
David Shepard. 
COUNTY OF BRISTOL. 

William Blackinton, 
Samuel French, Junior, 
Holder Slocum, 
Thomas Almy, 
Wanton Hovi^land, 
Darius Perry, 
Howard Lothrop, 
James Taber, 
Stephen Merrihew, 
Joseph Wheldon, 
Job Morton, 
Elnathan P. Hathaway, 
David Skinner, 
John A. Parker, 
Thomas Rotch, 
Tinothy G. ( offin, 
Charles H. Warren, 
Laban Wheaton, 
Othniel Gilmore, 
Lemuel Morse, 
Robert Daggett, 
Elisha Slade, Jumor, 



178 



HOUSE OF REPRESENTATIVES. 



Swmisey, 
Taunton, 



Troy, 
Westport, 



Wellington. 



Benanuel Marvel, 
John Buffington, 
Samuel Crocker, 
Jones Godfrey, 
William Seaver, 
Richard Park, 
Theophihis Parsons, 
James Ford, 
Tillinghast Almy, 
Nathan C. Brownell, 
Abner B. Gilford, 
Nathaniel Wheeler. 

COUNTY OF PLYMOUTH. 



Mington, 

Bridgwater, 

Carver, 

Duxbiiry, 

East Bridgwater, 

Halifax, 

Hanover, 

Hanson, 

Hingham, 

Hull, 

Kingston, 

Marslifield, 

Middleborough, 



JSTorth Bridgwater, 



Artemas Hale, 



Pembroke, 
Phjmpton, 
Plymouth, 



Reuben Curtis, 
Thomas Hobart, 
Benjamin Thomas, 



Bourne Thomas, 
Seth Eaton, 
Arad Thompson, 
Thomas Sturtevant, 



Nathaniel M. Davis, 
Josiah Robbins, 



HOUSE OF REPRESENTATIVES. 



179 



Rochester, Gideon Barstow, Junior, 

Scituate, John B. Turner, 

Wareham, 

West Bridgivater. 

^ COUNTY OF BARNSTABLE. 



William Lewis, 
Elijah Cobb, 

Oren Howes, 
Harding Knowles, 
Thomas Fish, 

John Doane, 

Wendell Davis, 
James Small, 

Henry Thacher. 
DUKES' COUNTY. 



Barnstable, 

Breivster, 

Chatham, 

Dennis, 

JEastham, 

Falmouth, 

Harwich, 

Orleans, 

ProvincetovM, 

Sandwich, 

Truro, 

Wellfieet, 

Yarmouth^ 

Chihnark, 

Edgartown, 

Tisbury, 

COUNTY OF NANTUCKET. 
J^antiicket, Francis G. Macy. 



t»ELHAM W. WARREN, Clerk. 
REV. WILLIAM JENKS, Chaplain, 



JACOB KUHN, Messenger to the General Court. 
ELIJAH W. CUTTING, Assistant Messenger. 
EDMUND TOWN, Page to the House. 



24 



/y 



RESOLVES 



OF 



THE GENERAL COURT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

jjr PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE TWENTY-FIFTH OF MAY, AND ENDED ON 

SATURDAY, THE EIGHTEENTH OF JUNE, ONE THOUSAND EIGHT HUNDRED 

AND TWENTY-FIVE. 

GOVERNOR'S SPEECH. 

representatives' chamber, JUNE 2, 1825. 

.4f/ 1 1 o'clock^ A. M. agreeably to assignment, the two 
Houses assembled in Convention, ivhen His Excellency 
the Governor came in, preceded by the Sheriff of Suf- 
folk, and attended by His Honour the Lieutenant Gov- 
ernor, the Honourable Council, and the Officers of State, 
and delivered the following 

SPEECH. 

Gentlemen of the Senate, and 

Gentlemen of tne House of Representatives, 

On this first occasion of meeting the Representatives of 
the people of the Commonwealth in a new and responsi- 
ble relation, I trust I may be indulged the opportunity, to 
express the sense of deep and grateful obligatioii v/Lich I 



182 GOVERNOR'S SPEECH. 

entertain, for the manifestation of the confidence of my 
Fellow Citizens, in the distinguislied honour conferred up- 
on me, and to accompany this sentiment of gratitude with 
assurances of faithful and earnest endeavours to requite 
that favourable regard, which has been accorded to me, in 
advance of such services and usefulness, as ultimately may 
in any degree justify it. 

The circumstances which have attended the late elec- 
tions are such as to constitute the strongest pledges to 
fidelit}^, in regarding the feelings and sentiments of our 
constituents. The causes of former jealousies and divis- 
ions having been removed, or ceased to operate, the spirit 
of party has yielded to that of personal conciliation and 
confidence. — The union which is now manifest, has result- 
ed from a conviction, that the honest and patriotic of all 
parties have but a common interest, which is best to be 
promoted by a concentration of common efforts. A prac- 
tical conformity to the opinions which have been distinct- 
1}' expressed by the public suffrage, is iuiperatively requir- 
ed in the official measures of those who are but agents 
in the exercise of delegated authorit3^ A recurrence to 
the source of this authority, as contained in the Declara- 
tion of Rights, and the Frame of Government of this Com- 
monwealth, with a proper regard to the powers whichB 
have been conceded to the (general Government, in theii^ 
legitimate exercise, will furnish the best general directory 
to a just and impartial administration, — and it cannot be 
distrusted, that an enlightened people Avill sanction with 
their approbation, an adherence to those fundamental prin- 
ciples which are the basis of the rules prescribed by them- 
selves, for the conduct of their public servants. 

With the contemplation of the duties which are now to 
clevolve upon us, the present moment has associated re- 



GOVERNOR'S SPEECH. 183 

collections of peculiarly iuterestiiioj and solemn impression. 
Within the last year a venerable Patriot, whose life had 
been identified with the eventful scenes of his country, 
w as suddenly removed by death, from the service and hon- 
ours of the public, in the first executive oflice of the Com- 
monwealth. To this lamented event quickly succeeded 
that of the decease of a distinguished co-patriot, who had 
been his immediate predecessor in this official station, and 
who bore with him into voluntary retirement, the homage 
of the highest confidence and of the most affectionate at- 
tachment of his Fellow Citizens. And now, after an un- 
interrupted succession of illustrious men, who were wit- 
nesses and actors in the achievement of the independence 
of the nation, who assisted in the formation of the State 
Constitution, or subsequently illustrated by its administra- 
tion the spirit in which it was devised, an individual has 
b^en elevated to their place, whose whole experience is 
more recent than the adoption of the Frame of Govern- 
ment which he is called to participate in administering. 
Our Fathers^ tvhere are they? As to most of them, time 
has inscribed, upon the faithful page of history, the memo- 
rial of their sacrifices, their services, and their glorious 
deeds, and they now live to us but in the principles which 
they inculcated, and the institutions which they assisted 
to establish. A few yet survive in the honoured retirement 
of age, happy in the good which they have been permitted 
to accomplish, and surrounded with grateful testimonials 
of a nation's love. Between them and us, the bond of con- 
nexion is in the cherished remembrance of their patriot- 
ism, a deep reverence for their example, and in a scrupu- 
lous and devoted regard to the instructions of wisdom and 
experience, which they have so richly furnished. May 
these never be unheeded by their successors, and with 



184 GOVERNOR'S SPEECH. 

the blessing of Heaven, we may hope, that the precious 
inheritance of free government, and of just and equal laws, 
which we have received from them, may be preserved for 
the latest posterit3\ 

The past year has also been rendered interesting by an 
event of more grateful recognition. We have witnessed 
within its compass, another practical illustration of the 
happy adaptation of a federative republican form of Gov- 
ernment to preserve the peace, order and security of a 
numerous and free people. The period fixed by the Na- 
tional (constitution for the election of a Chief Magistrate 
having recurred, all its provisions have been successively 
appealed to, and its powers exercised, in the result. The 
exam})le is again offered to the oppressed and struggling 
nations of the world, of the capacity of intelligent man to 
political self-preservation, and of the worth of civil liberty 
to the enjoyment of the blessings of social happiness. To 
the whole people of the United States, the election has 
afforded just occasion for the highest satisfaction. That 
so many distinguished men were at the disposal of their 
fellow citizens, — that so much of the competition in the 
canvass was excited by mere ])redi]ections for the peculiar 
merits, the pre-eminent qualifications, or the particular 
public services of the respective candidates, — that so re- 
spectful a submission to the ultimate expression of the 
public will, by tlie unsuccessful and disappointed, should 
have marked the progress and the issue of this momentous 
concern, are considerations alike creditable to the princi- 
ples and to the character of our countrymen. To the 
people of this Commonwealth, the event is doubly gratify- 
ing. We regard it as a distinct refutation of the unwor- 
thy charge against our sister states, of the indulgence of 
sectional jealousies, to our local degradation. We rejoice 



GOVERNOR'S SPEECH. 185 

in it, as the just exaltation of an enlightened and experi- 
enced Statesman to the highest place of honour and use- 
fulness in the nation. We rejoice in it the more, with an 
honest pride, that a son of Massachusetts has been deem- 
ed worthy of being made, under the Constitution, Presi- 
dent of this Union. 

It will not be expected from me on this occasion, that 
I should occupy your attention with those common sub- 
jects for legislation, which may be suggested by the or- 
dinary condition of the Commonwealth. As the details of 
the state of the Treasury, the Reports from the Adjutant 
and Quarter Master General's Department, the affairs of 
the State Prison, and other interesting objects of public 
concern, shall officially be made known to me, they will 
become matter for such communications, from time to 
time, as the appropriate duties of the Executive may seem 
to enjoin. There are, however, certain topics of general 
regard, at the present day, upon which it may be proper 
that my sentiments should now be distinctly expressed, and 
to which I would respectfully invite your consideration. 

The spirit of enterprize which has already accomplish- 
ed great and valuable results in other parts of the Union, 
and more especially in a neighboring State, has also an- 
imated the people of Massachusetts to the unequivocal 
manifestation of a desire, that some public effort should 
be made to secure a participation in the benefits which 
are to be derived from internal improvements^ and the fa- 
cilities to communication, and the transportation of pro- 
duce and of articles of trade and consumption, to the pla- 
ces respectively of demand and of market. The advan- 
tages which are the common and certain consequence of a 
judicious establishment of Roads through a country, are 
to be enjoyed in an incalculable advance of accommoda- 



186 GOVERNOR'S SPEECH. 

tion, by the construction of navigable Canals. The ex- 
tent of territory in tlie United States so far exceeds the 
piiysical means of its cultivation by manual labor, that the 
employment of the laborer in the business of transportation, 
is a direct subtraction from the profits of husbandr}. J^/«/JZ«- 
Jactiires and the Mechanic Arts are alike relieved by a re- 
duction in the expense of obtaining the raw materials for 
their fabrics, and in distributing the products of their work- 
shops to various and distant places for a market. — Com- 
merce is promoted by more abundant supplies for ship- 
building and for shipping, and by multiplying in the sea- 
ports articles of country produce, so reduced in price by 
the saving of land carriage, as to admit of profitable ex- 
portation. The appreciation of the value of Real Estate 
in the vicinity of Canals, the approximation to the market 
for whatever is to be bought or sold, the diminished cost 
of all articles of foreign growth, which are of common 
use and consumption, are among the first and most obvi- 
ous advantages, to be derived from water communication, 
to the interior of a country^ while tlie increase of popula- 
tion and of business will return to the seaboard a corres- 
ponding demand for the supplies, which trade and com- 
merce alone can furnish. It is now too late in the expe- 
rience of our own Country to question the importance to 
the public prosperity of improving the means which na- 
ture presents for facilitating inland transportation, and 
thus lightening the hand of industr}' of its most severe 
and profitless labor. The splendid success which has at- 
tended the operations of the Canals of the State of New- 
York is not more honorable to the prescient intelligence 
■which conceived those vast undertakings, than it is illus- 
trative of the advantages which may result from the ac- 
complishment of similar enterprizes elsewhere. It yet 



GOVERNOR'S SPEECH. 187 

remains for the people of Massachusetts by a judicious 
improvement of the many favourable opportunities which 
their situation presents, to secure to themselves the en- 
joyment of greatly extended accommodations, by water 
carriage. There is enough of unemployed capital in the 
country to justify a liberal appropriation to such objects, 
and of population and important business in many places, 
to invite to it. To the people of this State belongs the 
credit of being foremost among their brethren in this spe- 
cies of improvement, and although in the first effort, by 
the construction of the Middlesex Canal, the pecuniary 
investment has been unproductive of personal advantage, 
3^et that work even, is confessedly of great public benefit, 
and the community are daily receiving rich returns for 
the sacrifices occasioned by its execution to its spirited 
and persevering proprietors. 

A Resolve of the last Legislature, authorizing the ap- 
pointment of Commissioners to ascertain the practicabili- 
ty of making a Canal from Boston harbour to Connecti- 
cut River, and to cause such surveys as they may deem 
necessary to determine the most convenient and advanta- 
geous route for the same, has recalled to public attention, 
a scheme proposed more than thirty years since, by a dis- 
tinsfuished and enliditened Citizen, the late General Hen- 
ry Knox, for opening a water communication between the 
capital and the western parts of the Commonwealth. — 
This eminent man, who was himself, both a scientific and 
experienced practical Engineer, after having personally 
superintended a survey, and examined the face of the in- 
tervening country, was induced, by his confidence in the 
prospect of public and private advantage from the under- 
taking, to obtain from the Legislature in the year 1792, 

an act of incorporation for himself and his associates, for 
25 



188 GOVERNOR'S SPEECH. 

the purpose of making a navigable Canal from some part 
of Connecticut River, to communicate with the town of 
Boston. It is not understood that any other obstacle pre- 
sented itself to the accomplishment of the object at that 
time, than the absorptioi^ of the money of the country, 
by concerns of more pressing occasion, which prevented 
the obtain ment of adequate funds. The period limited by 
the charter for the commencement of the work was suf- 
fered to expire without an organization of the corporation, 
and the subject has recently been renewed before the 
public, with the sanction of official recommendation, un- 
der circumstances peculiarly favourable to its thorough 
examination, and a discreet exercise of the power of the 
government, in giving to it a wise and satisfactory direc- 
tion. Should the authorized surveys and examinations re- 
sult in demonstrating the practicability of the proposed 
Canal, from the Connecticut to the waters of the ocean, 
the certainty of the immense benefits of which it must be 
productive to the essential interests of the Common- 
wealth, more especially in securing the trade of the inte- 
rior to its commercial metropolis, should insure the ap- 
plication of the most vigorous and efficient means to its 
speedy accomplishment. The anticipations which are now 
indulged of still further extending the communication w^est- 
ward, by a co-operation with our enterprizing neighbours, 
in opening a passage to the waters of the Hudson, might 
then be fulfilled ; and thus the stupendous plan of an en- 
tire inland navigation, from the sea almost ft the eastern 
extremity of this continent, to the lakes on the northern 
boundary of the United States, would be presented in as- 
tonishing reality. 

Other projects for Canals in different parts of this Com- 
monwealth have seriously engaged much of the public 



GOVERNOR'S SPEECH. 189 

attention, some of which will probably be executed by 
associations of individuals on their own account, and oth- 
ers by the aid of the general government, in a just distri- 
bution of the appropriations for internal improvements. 
In a period of unexampled national prosperity, when 
there is a surplus of capital seeking investment, and a 
generous spirit of competition in the cultivation of the 
arts, and the development of the resources of society, a 
provident and wise people will avail themselves of the 
opportunity to lay deep the foundations of permanent 
power, and to make secure the means of future indepen- 
dence. This can only be done by a just estimate of phys- 
ical advantages, and the application of great moral force 
to their highest improvement. 

In connexion with the subject of canals, another mean 
of easy communication has been suggested, by the con- 
struction of railways. In England, we are assured, rail- 
roads are approved in practice, as affording a rapid and 
cheap mode of conveyance. How far the severe frosts 
of our climate, by increasing their expense, or endanger* 
ing their security, may discourage their introduction here, 
to any considerable extent, remains yet to be ascertained. 
If they may be made with success, still the preference to 
be given to them over water carriage, where the situation 
of the country will admit of an election, can be determin- 
ed only by experimental comparison. The subject is de- 
serving of careful investigation, as affording a proniise of 
facilities to transportation, which the want of water, in 
many places, will not admit of, by canals. 

It is matter for much congratulation on the present occa- 
sion, that the great interests of the people, in their most im- 
portant occupations, are in a rapid advance of improve- 
ment. 



190 GOVERNOR'S SPEECH. 

Agriculture, the source of subsistence, and the sup- 
port of all other employments, has brought science to her 
aid, and with the councils of this associate, the character 
of the husbandman has been exalted, by a more general 
exhibition of the intelligence of mind in directing the la- 
bours of industry. The moral virtues of the yeomanry^ 
place them in the front *rank of Republican Citizens. — 
Standing upon the soil of freedom, and holding their e^ 
tates by the tenure of personal independence, the happi- 
ness of their individual condition is necessarily identified 
with the prosperity of the nation. It is upon this class 
of men, tlius bound to country by the ties of an insepa- 
rable interest, that a free government may always secure- 
ly rest, for the best supports of patriotism. The special 
countenance which recently has been accorded by the 
Legislature, to the incorporation of Agricultural Societies, 
and in liberal gratuities granted to their encouragement, 
has been attended with the most decidedly beneficial ef- 
fects. The style of husbandry has extensively improved. 
Labour is more advantageously applied to the cultivation 
of the earth ; — domestic animals are of better quality, 
reared with more care, and treated with greater kindness. 
The salutary influence of these institutions can no longer 
be doubted. The general face of the country, Ihe in- 
crease and variety of the products of the soil, the self- 
confidence of the farmer, and the higher estimate by oth- 
ers^ of his occupation, alike distinctly bear witness to the 
utility which attends them. 

If the Commerce of the country has latterly been at- 
tended with diminished gains, it has nevertheless been 
pursued with general advantage, and with but little inter- 
ruption in the ordinary channels. The dangers to which 
a portion of our trade, and the lives of our seamen, have 



GOVERNOR'S SPEECH. 191 

been exposed, through the blood-thirsty and remorseless 
rapacity of the freebooters of the ocean, have been in a 
great degree removed, by the energetic measures of pro- 
tection and chastisement, adopted by the general govern- 
ment, and enforced by the gallantry of a devoted navy. 
The nation is on terms of friendly intercourse with every 
civilized people, and the marts of the world are busy with 
the traffic of our enterprizing merchants. 

In Manufactures, the progress of the country has ex- 
ceeded the anticipations of the most sanguine. A few 
years since, and scarce a water-wheel moved in our Com- 
monwealth, except for the ordinary purposes of prepar- 
ing grain for bread, or lumber for building, or in facilita- 
ting the simplest operations of the mechanic. Now there 
is hardly a water-fall in our streams, but is improved to 
the propelling of machinery for the manufacture of fab- 
rics of clothing, and of articles of domestic economy.— 
Through the instrumentality of the most ingenious of our 
citizens, the nation may be considered already indepen- 
dent of foreign supplies, for whatever is useful in the arts 
of peace, or indispensable to defence in the calamity of 
war. The objections which heretofore were so much 
urged to the formation of large manufacturing establish- 
ments, from the fearful neglect of education, and a conse- 
quent indifference to the restraints of social obligation, 
are found not to exist under the well regulated tone of 
American sentiment, — and we have the delightful witness 
of every day's observation, that the richest sources of 
wealth to our country may be cultivated without danger 
to the moral habits and chaste manners of a num^erous 
class of our population. It was long a political sophism 
of accredited influence, that a shrewd and instructed peo- 
ple would be easy to yield to a selfish and sordid ignor- 



192 GOVERNOR'S SPEECH. 

ance, and that the facilities which an opportunity for ac- 
quiring knowledge gives to the power of industry, would 
be bartered for the gains, which a few liours of time 
might extort from manual labour. Happily the work shops 
of our artizans exhibit nothing worthy of such reproach. 
Occupation, sobriety, and skill, are their distinguishing 
characteristics. A conscientious and praiseworthy regard 
to the instruction of children has mingled with provisions 
for their employment. The parental superintendence of 
the Legislature will continue to watch over these institu- 
tions, that they shall never become the nurseries of immo- 
rality and crime. 

I cannot permit myself to pass from this interesting 
subject, without inviting the attention of the Legislature 
to a consideration of the expediency of revising some of 
the provisions of the statutes, defining the general powers 
and duties of Majiufacturing Corporations. As the law 
now exists, it is to be feared, that no inconsiderable por- 
tion of advantage, which would result from the employ- 
ment of capital in a profitable business, and from the en- 
couragement of an industrious population, is lost to the 
Commonwealth. Not onl}'^ the property and credit of the 
Corporations are made responsible, in the first instance, 
for the payment of debts, but the persons and private es- 
tates of the stockholders are holden ultimately liable, 
without limitation of time, and to the full extent of the 
contracts, however small may be the proportion of stock, 
which the individuals shall possess. Thus a single share, 
of inconsiderable or no value, subjects the proprie- 
tor to the hazard of being made a guarantor to the 
amount of hundreds of thousands of dollars, in cred- 
its obtained by the Corporation. Nor is he exonerated 
by an honest transfer of his stock, and ceasing to be a 



GOVERNOR'S SPEECH. 193 

member of the Corporation ; for the jealousy of the law, 
not satisfied with devolvinsj upon the purchaser the same 
lia'oility, holds the seller, also, bound to the discharge of 
every precedent obligation. While the success of manu- 
factures was of doubtful experiment, and the business, to 
some extent, as at first, in the hands of rash and unskilful 
adventurers, such provisions might be required, for the 
protection of the confiding and the unwary ; but the 
soundness of the principle which gives to the creditor of 
a Corporation resort to personal responsibilities, which 
did not exist when the credit was obtained, and could not 
have induced to it, is at best, questionable. The trust 
which is given to a corporation is always voluntary. The 
amount of capital stock, the management and success of 
business, the apparent circumstances of solvency, may 
easily be ascertained, and if these are unsatisfactory, spe- 
cial surety-ship may be required, or credit refused. In a 
government professing a deep interest in the prosperity 
of domestic manufactures, and acting under this profes- 
sion, in incorporating manufacturing associations, the pol- 
icy of requiring that each proprietor of stock shall per- 
sonally guarantee the responsibility of every other, and 
they severally, the credit of the corporation to the full 
extent of the debts which may be contracted, cannot be 
maintained. The principle is altogether novel in itself, 
and peculiar in its application to this species of interest. 
No such securities to creditors are recognized in banking, 
turnpike, or other business corporations, where it would 
seem there is not less of hazard to private or public safe- 
ty. The improvement of an immense amount of capital, 
has alreadv been transferred from us to the neishbouring 
states, from objections to those provisions of our laws, to 
which I have thus freely adverted. It is not reasonably 



194 GOVERNOR'S SPEECH. 

to be expected that prudent men, except under particu- 
lar cirumstances of personal confidence in their asso- 
ciates, should be ready to incur even the possible risk of 
utter ruin, for the chance of profit, in the joint stock of a 
manufacturing concern. Without fraud or mismanage-. 
ment, the funds of public institutions, as of individuals, 
may be lost or destroyed. The various desolating visita- 
tions of Providence — the elements of fire and water, by 
flood and by conflagration, may in an hour annihilate the 
best founded establishments, and involve in their destruc- 
tion the means which were pledged to maintain them! 
Is it just, that to such misfortunes to a common concern, 
should be added the more grievous burden, upon those 
who may have other resources, not only of meeting their 
proportion of responsibility for unsatisfied demands, but 
also of contributing to supply the deficiency of such, as 
are made wholly destitute by the calamity ? Under this 
view of the subject, I cannot but suggest the propriety, 
at least of so far modifying the law, as to limit the extent 
of the liability of individual stockholders, in all future 
contracts, by some proportion, which their interest in the 
stock may bear to the capital, and by fixing a period, be- 
yond w^hich, a bona fide seller, with notice to the public, 
shall cease to be responsible for corporation debts, con- 
tracted during his membership. In this age of great under- 
takings and of strenuous competition for pre-eminence in 
local advantages and influence, it is surely wise to regard 
with care, the permanent resources of the Commonwealth. 
These will be found especially to consist, in the profitable 
investment, at home, of the monied capital of our wealthy 
citizens, and in the encouragement and employment 
thereby, of an ingenious, industrious and virtuous popula- 
tion. Whatever measures are conducive to these results, 



GOVERNOR'S SPEECH. 195 

will tend to secure the proud distinction in moral and po- 
litical importance, which Massachusetts has heretofore so 
justly enjoyed. 

Any amelioration of the condition of unfortunate insol- 
vent debtors^ within the compass of state authority, and 
consistent with enforcing honesty and good faith in the 
execution of contracts, to the utmost of their ability, re- 
commends itself to the justice and humanity of the Legis- 
lature. 

A regard to the preservation of national independence, 
and the institutions of a free people, will secure, at all 
times, a favourable attention to the condition of the militia. 
The duty which the law requires of a portion of our fel- 
low citizens, in providing arms, and improving themselves 
in mihtary discipline, under the present system, is a tax 
of unequal operation. Perhaps there is no subject of le- 
gislation of more delicacy, or attended with greater intrin- 
sic difficulties. It should be the first object of desire and 
endeavour, to equalize, as far as may be, the burden of 
this most indispensable service. It has heretofore been 
attempted, by diminishing the frequency of days of train- 
ing. But observation has proved, that military pride is 
repressed by a neglect of military parade. The spirit of 
the soldier is animated by organization and display, b}'^ 
notes of martial music and the noise of arms, and these 
are the necessary means of forming him to efficiency of 
character and of action. To deny such influences, would 
be to reprove the experience of the past, and the arrange- 
ments of present time. That the number of trainings 
now required by law, is not the occasion of general dis- 
content, results from the remark, almost universally true, 
that the}" are voluntarily exceeded by the best and most 
spirited companies of the Commonwealth. The evil is 

26 



196 GOVERNOR'S SPEECH. 

believed rather to exist, in the want of relief from the ex- 
penses of equipment, and in the invidious exemption 
of those, able from property, to contribute of their money, 
if not in their persons, to the public service. Higher for- 
feitures for neglects of military appearance, an enhanced 
sum as an equivalent for conditional exemption, and fewer 
absolute exempts, with more effectual provisions for res- 
ponsibility in the appropriation of the money accruing 
from these sources, to the benefit of those who actually 
serve, would go far to remove the causes of complaint. 
Whatever may be judiciously effected, I doubt not the 
wisdom of the Legislature will devise. The militia may 
well be regarded as "the right arm of the nation." When- 
ever it shall become paralyzed by the neglect of public 
indifference, and the hour of peril shall arrive, recourse 
must be had to that bane of republics, a large standing 
army, and when too late, Liberty may have cause to la- 
ment the want of her chosen defenders. 

The foundation of good government, and of all our po- 
litical and civil enjoyments, is in the intelligence of the peo- 
ple. Our venerable ancestors solemnly declared, in the 
charter of their rights, "that wisdom and learnins;, as well 
as virtue, diffused generally among the people, were ne 
cessary to the preservation of their rights and liberties," 
and these practically wise men were devotedly regardful 
of the means by which these great objects were to be 
promoted. They early planted churches and schools of 
literature, and nourished and sustained them with a holy 
purpose of mind, and a liberal bestowment of worldly sub- 
stance. The rich inheritance of these institutions they 
left to their descendants, and this generation stands charg- 
ed with the possession, in trusty for future ages. Patriot- 
ism and official duty devolve upon us of the present day 



GOVERNOR'S SPEECH. 197 

the high obligation, with the growth and increasing pros- 
perity of the country, of improving and extending these 
pubhc provisions for the education of children and youth. 
Let seminaries of learning receive the favour and patron- 
age of the government, and opportunities for instruction 
in all useful knowledge be sedulously improved by the 
people. Let the schools of the prophets, and the minis- 
tering servants at the altar be respected and supported. 
Let sobriety, honesty, and every moral, social, and manly 
virtue, be inculcated and cherished ! So shall civil and 
religious liberty be perpetuated by the virtues of the peo- 
ple, and the generations which succeed to us, be worthy 
of the blessings which they are destined to enjoy. 

In whatever concerns our official relations to each oth- 
er, and to our constituents, I trust, gentlemen, for your 
confidence in the assurance, that I shall cheerfully co-op- 
erate with you, in fulfilling the great purposes of our ap- 
pointment, by the adoption of measures for promoting the 
welfare of the state, and the prosperity of our common 
country. LEVI LINCOLN. 



19S MESSAGE. 



CHAP. I. 



Gentlemen of the Seriate, and 

Gentlemen of the Housr of Representatives, 

I transmit for the disposition of the Legislature, sundry 
Resolutions of the States of Ne-v-Jersey, Connecticut, 
Ohio, Delaware, Mississipj)i and Missouri, upon the subject 
of an amendment to the Constitutijn of the United States, 
proposed by the State of Georgia, relative to " the im- 
portation or ingress of persons of colour into any of the 
.United States, contrary to the hiws of said States.'' — Also 
certain other Resolutions of ihe States of New-Jersey, 
Connecticut, Delaware, Mississippi, Missouri and Indiana, 
upon the subject of a Resolution of the State of Ohio, 
proposing, " that the consideration of a system, providing 
for the gradual emancipation of the people of colour, held 
in servitude in the United States, be recommended to 
the Legislatures of the several States of the American 
Union, and to the Congress of the United States" — .'^il 
which Resolutions have been received at the ottice of the 
Secretar}" of the Common v\'ealth, since the session of the 
last Legislature. 

A communication from the Department of War, has 
come to my hands officially, which, although not of recent 
date, I lose no time in transmitting for the consideration 
of the Legislature, and by Avhich it will be perceived, 
that tlie Gfnieral Government, in accordance v»ith the 
wishes of the people of this section of fhe Union, exp'C s- 
ed through their Representatives in Congress, have au- 
thorized an examination and survey of the Country be- 
tv/cen Lake Aemphremagog and the Connecticut River, 
with a view to ascertaining the praclicabdity of construct- 
ing a Canal to unite those waters; and also an examina- 
tion of t-ie Connecticut River,from Lake Connecticut, to the 
tide waters of Long Island Sound, to ascertain the practi- 
cability and probable cost of improving that River — and 
that a »^o-operation on the part of this Commonwealth, in 
these interesting objects, by the appointment of a Civil 
Engineer or Commissioner, to accompany the Brigade 



MESSAGE. 199 

organized and appointed to this service, under the direc- 
tion of the National Executive, is invited, if the State 
deem it proper to make sucli appointment. 

Tiirough the attention of the Hon. Mr. Lloyd, one of 
the Senators of this State in the Congress of the United 
States, I have been furnished with a copy of a letter ad- 
dressed to him and his colleague, the Hon. Mr. Millsj^ 
from the Department of State, under date of the 23d ult. 
covering an answer of the Charge d' Affaires from 
Great Britain, to the complaints of alledged encroachments 
upon the lands of Massachusetts and Maine, by certain 
subjects and settlers of the Province of New Brunswick. 
It must excite deep surprize to learn from this communi- 
cation, that the claim to territory and sovereignty on the 
part of the British autljorities, is now enlarged far beyond 
what has heretofore been considered the undisputed title 
and actual possession of the Government and Citizens of 
the United States, and involves the interest and property 
of this (-ommonwealth and the State of Maine, to a most 
ser'ous and alarming extent. It cannot be doubted, that 
it will be met on tlie part of the United States with such just 
remonstrance, and demonstration of unfounded assumption, 
as will induce to its immediate relinquishment, and the 
protection of the rights and property of the Government 
and people of tlie States respectively, and of the Nation. 
Considering the subject as of the first importance, I have 
deemed it my duty promptlv to present it to vour notice. 

LEVI LINCOLN. 

Council Chamber, June 3, 1825. 



CHAP. n. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

I have great satisfaction in being able to lay before the 
iiegislature, a communication from his Excellency the 
Governor of Connecticut, aceompan}ing Resolutions 



200 MESSAGE.— DEMING JARVIS. 

of the General Assembly of that State, on the subject of 
the boundary line, east of Connecticut River The em- 
bairassino; and vexed condition of the inhabitants living: 
on tne territory in dispute, to which 1 hac occasion more 
particularly to refer, in a communication, which, as an 
agent of the Commonwealth, I had the honour to make to 
the Legislature, about two years since, now on the files in 
The Secretary's office, together with a consideration of 
the importance of preserving harmony and confidence be- 
tween the citizens and the governments of the States 
respectively, make it highly desirable, that another at- 
tempt should be made to settle the matter in controver- 
sy at as early a period as may be practicable, and it will 
afford pleasure to the Legislature to perceive in the doc- 
uments herewith transmitted the manifestation of a cor- 
responding disposition on the part of the State of Connec- 
ticut. ^ LEVI LINCOLN. 

Council Chamber^ June 3, 1825. 



CHAP. in. 

Resolve for paying Deming Jarvis, Esq. 
June 6, 1825. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Deming Jarvis, Esq. 
late a Representative of the town of Cambridge, the sum of 
forty-five dollars, for his attendance at the last session of 
the Leojislature. 



R. WELLER.~W. LEWIS.— I. C. PRAY. 201 

CHAP. IV. 

Resolve granting an honourable discharge to Capt. Royal 

Welter. 

June 8, 1825. 

Resolved, That His Excellency the Governor be re- 
quested, and he is hereby authorized to grant an honoura- 
ble discharge from the militia of this Commonwealth to 
Royal Weller, now a Captain in the 2d Regiment, 2d 
Brigade, 7th Division, on account of derangement of mind, 
under which said Weller now labours. 



CHAP, V. 

Resolve for paying William Leivis, Esq. as a Represe?iia~ 

live from Barnstable. 

June 8, 1825. 

Resolved, That there be allowed, and paid out of the 
Treasury of this Commonwealth, to William Lewis, Esq. 
a Representative of the town of Barnstable, the sum 
of seventy dollars for his travel and attendance at the last 
session of the Legislature ; he not being made up in the 
general pay roll of that session. 



CHAP. VL 

On the Petition of Isaac C. Pray, and others. 
June 8, 1825. 

Resolved, That the agents for the sale of Eastern Lands, 
be and they are hereby authorized and directed, to en- 



202 MESSAGE. 

dorse on the notes of hand of said petitioners, now in the 
treasury office, the amount of such sums of money as may 
have been received for timber cut upon township No. 2, 
in the 8th range on Penobscot river, first deducting there- 
rom the expenses which have accrued in the settlement 
with the persons who committed said trespass. 



CHAP. VII. 

To the Honourable the Senate, and 
House of Representatives ; 

A communication has been addressed to me by a commit- 
tee appointed at a meeting of citizens of N. Hampshire, at- 
tended by a committee from citizens of Boston, on the sub- 
ject of opening a water communication between the Con- 
necticut river and the seaboard, through the States of Mas- 
sachusetts and New-Hampshire, by the way of the Merri- 
mack River. The particular design of the communication, 
is to engage the attention of the Government of the Com- 
monwealth to this important concern, with a view to pub- 
lic aid in causing the necessary examination and surveys 
of the country, for the purpose of determinins; the practiC' 
ability and probable expense of accomplishing this great 
object of internal improvement. The highly respectable 
source from which the proposition emanates, and the mag- 
nitude of the interests to be effected by it, recommended 
it to the consideration of the Legislature, and I have 
great satisfaction, in being made instrumental in present- 
ing the subject to their favourable notice, by transmitting 
a copy of the communication of the Committee refer- 
red to. 

LEVI LINCOLN. 

Council Chamber, June 11,1 825. 



EASTERN LANDS. 203 



CHAP. VIII. 

Resolves in relation to Lands ctvned by Massachusetts 

and Maine, 

June 11, 1825. 

Resolved^ That the Land Agent of this Commonwealth, 
in conjunction with the Land Agent of the State of iVlaine, 
be, and he is hereby authorized and empowered to exam- 
ine into the claim of the two States to a certain tract of 
land, containing about two thousand acres, lying between 
the town of Gilead and the Fryebujg Academy Grant, 
which tract was omitted in the division of the public lands; 
and also to examine respecting all reserved lands in the 
several towns in the State of Maine, belonging to the two 
States ; and the said Agents are further empowered to 
sell and convey the lands aforesaid, for the benefit of the 
two States of Ma?isacliusetts and Maine, provided said 
lands are owned by said States. 

Whereas, there are a number of settlers on the undi- 
vided public lands on the St. Johns and iVladawaska rivers, 
many of whom have resided thereon more than thirty 
years ; Therefore, 

Resolved^ That the Land Agent of this Commonwealth, 
in conjunction with such Agent as has been, or may be, 
appointed for that purpose on the part of the State of 
Maine, be, and he is hereby authorized and directed to 
make and execute good, and sufficient deeds conveying 
to such settlers in actual possession as aforesaid, their 
heirs or assigns, one hundred acres each, of the land by 
them possessed, to include their improvements on their 
respective lots, they paying to the said Agent, for the use 
of this Commowealth, five dollars each, and the expense 
of surveying the same. 

Resolved, That the Land Agent of this Commonwealth, 
in conjunction with such Agent, as has been or may be 
appointed on the part of the State of Maine, be, and he is 
hereby authorized and empowered to sell the timber, on 
such of the undivided public lands as lie contiguous to 
27 



204 CONNECTICUT LINE. 

and near the waters of the river St. Johns, in all cases 
where such sale will in his opinion promote the interest 
of this Commonwealth. 



CHAP. IX. 

Resolve relating to the Boundary Line between this State 
and Connecticut. 

June 11, 1825. 

Resolved^ That His Excellency the Governor, with the 
advice of his Council, be, and hereby is authorized and 
requested, to nominate and appoint three suitable persons 
as Commissioners, on the part of this Commonwealth, for 
ascertaining and esta;bHshing the boundary line between 
the same, and the State of Connecticut, east of Connec- 
ticut river, so far as the same is in dispute. And the said 
Commissioners are hereby authorized, and empowered, to 
meet, such Commissioners as have been, or may be, ap- 
pointed, and vested with similar powers fori the aforesaid 
purpose, by the Legislature of the State of Connecticut, 
and in conjunction with them, as soon as may be, to as- 
certain, run and mark such boundary line, erect durable 
monuments at such places as they shall think proper and 
effectual to prevent future mistakes and disputes respect- 
ing the same. 

And the Commissioners on the part of this Common- 
wealth are authorized and empowered to agree upon such 
principles, respecting the running said line, as from the 
best documents they can obtain, may appear to them just 
a»id reasonable, which line, when so ascertained, forever 
afterwards shall be considered and held to be the just 
and true boundary line of jurisdiction between this Com- 
monwealth and the said State of Connecticut. And the 
Commissioners on the part of this Commonwealth are au- 
tjborized to employ such surveyors and chain bearers, as 



LUCY DAVID. 205 

they may tliink proper, to assist in duly ascertaining the 
line aforesaid. 

Be it further Resolved, That in case the Commissioners 
on the part of this Commonwealth shoiild be unable to come 
to a mutual agreement with such Commissioners as have 
been or may be appointed on the part of the State of Con- 
necticut, concerning said boundary line, east of said Con- 
necticut River, they are hereby further authorized and 
empowered to refer the same to the determination of such 
person or persons as they may deem proper, under such 
agreement as may be made by them with such Commis- 
sioners as may be appointed on the part of the said State 
of Connecticut. , 

Be it further Resolved, That there be paid out of the 
Treasury of this Commonwealth, to said Commissioners, 
a sum not exceeding ten hundred dollars, to enable tht m 
to defray the immediate expenses of running and estab- 
lishing said line ; said Commissioners to be accountable 
to the General Court for the proper application of the 
same. And His Excellency the Governor, with the ad- 
vice of Council, be, and he is hereby requested to draw 
his warrant on the Treasury for the same. 



CHAP. X. 

Resolve on the Petition of Lucy David of Boston, in the 

County of Suffolk, Widow. 

June 14, 182.5. 

On the petition of Lucy David of Boston, in the Coun- 
ty of Suffolk, widow — stating that her son, Joiin Oliver 
David, a deaf and dumb person, in indigent circumstances, 
and a pupil of the Asylum for the education of the Deaf 
and Dumb at Hartford, is not yet of the age to entitle him 
to the benefit of the Resolve of the Legislature of this 
Commonwealth, for the support of indigent deaf and dumb 



206 JOSIAH STEDMAN. 

persons at that Asylum, but that the public bounty would 
be of more advantage to him by being afforded at the 
present time : Therefore, 

Resolved^ That John Olivier David, the son of John 
David, late of said Boston, Whip Maker, deceased ; a deaf 
and dumb person, shall be, and he hereby is declared to 
be capable, notwithstanding his not having attained the 
age of fourteen years, to be admitted and maintained at 
the expense of the Commonwealth, at the American Asy- 
lum for the education of deaf and dumb at Hartford, in the 
same manner, and on the same conditions, as if said John 
Oliver had already attained the age of fourteen years. 



CHAP. XI. 

Resolve on the Petitio?i of Josiah Stedman. 
June 15, 1825. 

Whereas, said Josiah Stedman was licensed and em- 
powered by the Justices of the Supreme Judicial Court' 
for the County of Suffolk, at the last March term thereof, 
to sell and pass deeds, to convey, all the right, title, and 
interest of Sarah Amey Burge, and Charlotte Maria Burge, 
minors, and daughters of Joseph Burge, late of Boton, 
Gentleman, deceased, in certain real estate situated in 
W^ashington Street, late Newbury Street, to be sold for 
the benefit of said minors, pursuant to the statute. And 
whereas, the interest of said minors in the premises was 
an estate in fee, subject to the life estate of their mother, 
Sarah Burge, and that it was for the benefit of said minors ; 
that the whole estate should be disposed of together, and 
further, that it will be for the benefit of said minors and 
conformably to the intent of the will of their said late 
father, that the proceeds of the sale of the whole estate 
aforesaid should be vested in other real estate, or loaned 
on interest, or invested in stock or personal property, in 
such manner that the said Sarah, their mother, shall re- 



MESSxAGE. 207 

ceive the rent, profits, or income thereof during her life, 
upon the same terms as she vv as heretofore entitled to re- 
ceive the income of the estate so sold, and afterwards, 
that the principal shall enure in full to the use of the 
said Sarah Amey and Charlotte Maria, their respective 
heirs, executors, administrators, assigns, devisees or lega- 
tees. 

Resolved, That the said Josiah Stedman be, and he is 
hereby licensed and empowered to invest the proceeds 
of the sale of the said interest of said minors, together 
with the proceeds of the said Sarah's life estate, in other 
real estate, to be holden upcn the tenure aforesaid, or to 
loan the same on interest, or invest the same in stock or 
personal property, upon the terms herein before express- 
ed, so as to secure to said Sarah, widow, as aforesaid, the 
rents or income of the whole of the proceeds of said es- 
tate including the life estate of said Sarah, together with 
the remainder therein of said minors, and afterwards that 
the same shall accrue and enure to the use of said minors, 
the survivor of them, or the heirs, executors, administra- 
tors, assigns, or legatees, or devisees of them or either of 
them respectively, in tht same manner as the said estate 
would have passed by operation of law, by deed, will or 
otherwise, in case such sale had not been made, and that 
such purchase or investment shall be taken and deemed 
to be a good investment of the proceeds of the sale of the 
estate of said minors, and a good execution of the trust 
reposed in said Stedman by the license aforesaid, and by 
the provisions of law relating thereto. 



CHAP. XII. 

Gentlemen of the Senate^ and 

Gentlemen of the House of Representatives, 

I transmit to the Legislature a Report of the Commis- 
sioners appointed pursuant to a Resolve passed on the 18th 
day of February last, upon the subject of the situation of 



208 HOUSATONIC RIVER. 

Cape Cod Harbour, and the measures proper to be taken 
for the security of the same from damaore by the drifting 
of sand or otherwise. You will learn from this Report, 
that the Harbour is continually sustaining great injury, 
and that immediate measures are necessary for its preser- 
vation. LEVI LINCOLN. 

Council Chamber, June 15, 1825. 



CHAP. XIII. 

Resolves relating to the Survey of the Housatonic River. 

June 15, 1825. 

Resolved, That whenever it shall be made to appear 
to the satisfaction of his Excellency the Governor of this 
Commonwealth, that the survey of the route for a canal 
from the Housatonic river, at the south line of this Com- 
monwealth, to the tide waters of Long Island Sound, or 
to some point on the Hudson river in the State of New- 
York, has been made by a skilful engineer, and the same 
found to be practicable, and that there is a reasonable ex- 
pectation that a canal, as aforesaid, will be made; the 
Governor of this Commonwealth, with the advice and 
consent of the Council, be, and he hereby is authorized to 
appoint three Commissioners to ascertain the practicabili- 
ty of extending said canal from the south line of this 
Commonwealth, to the source of the said Housatonic riv- 
er, and to make such surveys as they may deem necessary 
for that purpose. 

Resolved, That the said Commissioners cause plans of 
their surveys to be made, and also to inake all such ex- 
aminations and calculations as they may think necessary 
to ascertain the expense of constructing said canal ; provid- 
ed the making of the same shall be deemed practicable, 
and to return such plans and estimates to the Secretary's 
office with a report of their doings. 

Resolved, That the Governor, with the advice and con- 



HAMPSHIRE AND HAMPDEN CANAL. 209 

sent of the Council, be, and he hereby is authorized, upon 
the condition expressed in the first Resolve aforesaid, to 
appoint a suitable engineer, to make the surveys, plans, 
and estimates aforesaid, under the direction and with the 
assistance of said CommissioMei s. 

Resolved, That the Governor of this Commonwealth, 
for the purpose of defraying the expense of such survey, 
examinations, plans and estimates, be, and he hereby is, 
with the advice and consent of Council, authorized to 
draw his warrant on the Treasury, at such times, and for 
such sums^ as he may think necessary, not exceeding the 
sum of two thousand dollars in the whole. 



CHAP. XIV. 

Resolve granting a sum, not exceeding six hundred dollars, 
towards defraying the expefises of surveying the con- 
templated route of the Hampshire and Hampden CanaL 
June 16, 1825. 

Res'jlved, That for the purpose of defraying a part of 
the expense of making a survey of the contemplated route 
of the Canal from Northampton to the south end of the 
ponds in South wick, the Governor of the Common- 
wealth, with the advice and consent of Council, be, and he 
hereby is authorized to draw his warrant on the Treasury 
for a sum not exceeding six hundred dollars ; provided 
that the engineer, by whom said survey may be made, shall 
be approved of by the Governor, and a plan of the sur- 
vey and an estimate of the expenses of making said canal 
be returned into the Secretary's office, before the said 
sum shall be drawn from the treasury. 



210 JOHN BLAKE.— RE VOL. SOLDIERS. 



CHAP. XV. 

Resolve on the Petition of John Blake. 
June 16, 1825. 

On the petition of John Blake, setting forth that there 
is due to him a balance of money on his account, for ser- 
vices rendered, expenses incurred, and supplies furnished 
by him as agent for the Indians o/ the Penobscot Tribe, 
from 8th June, 1819, to 2d May, 1820. 

Resolved., 1 hat there be allowed and paid out of the 
Treasury of this Commonwealth, to the said John Blake, 
ninety-six dollars jV^ in full payment and satisfaction of 
all claims and demands, of whatever nature, w hich he may 
have against the Commonwealth, as agent for the Penob- 
scot Indians above mentioned. 



CHAP. XVI. 

Resolve respecting Revolutionary Soldiers, 
June 16, 1825. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to such of the officers 
and soldiers, who were in the battle of Bunker's Hill, on the 
17th of June, A. D. 1775, and who may be present in the 
town of Charlestown or city of Boston on the approach- 
ing anniversary of that event, the sum of three dollars 
each, and also the sum of one dollar for every twenty miles 
of travel, to and from said town or city. 

Resolved, That the ?cting Quarter Master General be 
directed to prepare a roll of all such officers and soldiers 
as may report themselves to him for the procession afore- 
said, and that His Excellency the Governor, with the 
advice of the Council, be requested to draw his warrant 
on the Treasury for the amount, in favour of each person 
"who may be on said roll. 



W. WHITTEMORE.^NATICK INDIANS. 211 



CHAP. XVII. 

Resolve on the Petition of Wm. Whittemore and Others, 
June 16, 1825. 

On the petition of William Whittemore and others, pro- 
prietors of the Middlesex Turnpike Corporation, praying 
that they may be legally empowered to hold a meeting 
for the choice of officers, and that their proceedings here- 
tofore may be rendered legal. 

Resolved^ That the records and doings of said proprie- 
tors, in their several meetings, be, and the same hereby 
are made valid and binding in law, to all intents, as the 
same would have been, if all their meetings had been no- 
tified and held in conformity with the rules prescribed by 
their charter and by-laws. 

Resolved^ That said William Whittemore be empower- 
ed to notify and call a meeting of said proprietors, at any 
time and place he shaU appoint, by publishing notice 
thereof in one of the Newspapers printed in Boston, seven 
days before said meeting, and that at said meeting, 
said proprietors may proceed to choose such officers as 
they have been accustomed to have ; and such officers 
shall be the legal officers of said corporation, till the time 
provided by their charter and by-laws for their annual 
election of officers. 



CHAP. XVIII. 

Resolve on the Petition of John Atkins and Samuel Ftske, 
Guardians of the JSTatick Indians. 

June 16, 1825. 

On the petition of John Atkins and Samuel Fiske, 
Guardians of the Natick Indians, stating that they have 
expended for the support of said Indians, all the property 
23 



212 GIDEON THORNTON. 

which they were authorized so to dispose of by a resolve 
of this Legislature, passed on the thirteent i day of Febru- 
Vivy^ in the year of our Lord one thousand eight hundred 
and nineteen, and one hundred dollars more, and that said 
Guardians I ave in their hands about sixty dollars rents of 
the lands of said Indians, and praying leave to expend said 
rents in the same manner as was provided in and by said 
resolve, and also to be empowered to sell Betty Samp- 
son's land for her support :— Therefore, 

Resolved, That said Guardians and their successors be, 
and they are hereby authorized, to expend the said sixty 
dollars and also the rents that shall from time to time ac- 
crue and be received from the lands of said Natick In- 
dians, for the support of said Indians, in the same manner 
as is provided in and b}^ said resolve, until the further 
order of this Legislature. And that said Guardians be, 
and they are hereby authorized and fully empowered to 
sell, at public sale, all the lands of Betty Sampson, one 
of said Indians, situate in the town of Natick, and to 
make and execute deeds thereof, which deeds when so 
executed, acknowledged and delivered, shall be sufficient 
m law to vest a complete title to said lands in the pur- 
chaser or purchasers, his or their heirs and assigns. 



CHAP. XIX. 

Resolve on the Petition of Gideon Thornton^ Guardian 
of Thomas Green. 

June 17, 1825. 

On the petition of Gideon Thornton, of Providence, in 
the County of Providence, State of Rhode Island and 
Providence Plantations, legal guardian of Thomas Green, 
of said Providence, an insane person, praying that he may 
be empowered to sell a certain lot of land, belonging to 
his said ward, situated in Mendon, in the County of 
Worcester. 



JOSEPH BALSH. 213 

Resolved^ For reasons set forth in said petition, that 
the said Gideon Thornton, be, and he is hereby authorized 
and empowered to sell, at public sale, the estate described 
in said petition, and make and execute a good and sufficient 
deed thereof to the purchaser or purchasers in fee simple, 
provided that the said Gideon first ojive bond, with suffi- 
cient sureties, to the Judge of Probate for the county of 
Worcester, that within three months from the time of said 
sale, he will file in the office of said Judge of Probate, a 
true account of said sale ; and that he will account for the 
proceeds of said sale, and interest on the same, in his ac- 
count as guardian of said Thomas Green, whenever there^ 
unto legally required. 



CHAP. XX. 

Resolve an the Petition of Joseph Balsh. 
June 17, 1825. 

On the petition of Joseph Balsh, praying that he, as 
guardian of his minor children, may be authorized to 
complete a conveyance of real estate, agreeably to a con- 
tract made, but not carried into effect in consequence of 
the decease of his wife. 

Resolved^ For reasons set forth in said petition, that 
said Joseph Balsh, in behalf of said minor children, may 
by sufficient deed of quitclaim, convey to the institution 
for savings in Newburyport, for the benefit of Enoch 
Pluraer, Jr. of said Newburj port, all the interest of his 
said minor children, in a certain estate, which said Enoch 
Plumer, Jr. by his deed dated the thirtieth day of January, 
A. D. one thousand, eight hundred, and sixteen, and re- 
corded in the registry of deeds, for the coimty of Essex, 
hook 207, leaf 288, conveyed to their grandfather the ia,te 



214 SURVEY OF CANAL ROUTES. 

Joseph Williams, being the same estate which was devis- 
ed to said Enoch Plumer, Jr. by his late uncle, Enoch 
Plumer. 



CHAP. XXI. 

Resolve in relation to the Survey of the interior of JS*ew- 

Hampshire. 

June 18, 1825. 

Resolved^ That there be allowed and paid out of the 
Treasury of this Commonwealth, the sum of five hundred 
dollars, to be expended in surveying the interior of the 
state of New-Hampshire, to ascertain the practicability of 
opening a water communication from Connecticut River 
to Merrimack River, and to the eastern sea-coast of New- 
England ; and that said sum be expended at such time, 
and in such manner, and under such agency, as may be 
approved of by His Excellency the Governor ; and that 
His Excellency be, and he hereby is authorized to draw 
his warrant on the treasury for said sum of five hundred 
dollars. 



CHAP. xxn. 

Resolve respecting the compensation to be allmved to the 
Commissioners and Engineer for surveying a Canal 
route, from Boston Harbour to Connecticut River. 

June 18, 1825. 

Resolved, That the Governor be, and he hereby is 
authorized and empowered, with the advice and consent 
of the Council, to agree upon and fix the compensation to 
be allowed to the Commissioners and Engineer, appoint 



B. PICKMAN AND W. PICKMAN. 215 

ed, or to be appointed and employed in making a survey 
of a Canal route from Boston Harbour to Connecticut 
River, under a Resolve of this General Court, passed on 
the twenty-fifth day of February last ; and that His Ex- 
cellency the Governor, by and with the consent ot the 
Council, be and he hereby is authorized to draw his war- 
rant upon the Treasurer for the same. 



CHAP. XXHI. 

Resolve on the petition of Benjamin Pickman and 
William Pickman, for leave to sell real estate. 

June 18, 1825. 

On the petition of Benjamin Pickman and William Pick- 
man, Executors of the last will and testament of Benja- 
min Pickman, late of Salem in the County of Essex, Esq. 
deceased, praying that they may be authorized to make 
sale of an undivided fifth j)art of a certain lot of land, be- 
longing to Mary Toppan Pickman, a minor. 

Resolved. For reasons set forth in said petition, that 
the said Benjamin Pickman and William Pickman be, and 
they hereby are authorized and empowered to sell, at 
private sale, for the most they can obtain therefor, the 
share and interest of the said Mary Toppan Pickman in 
the lot of land described in said petition, situated in the 
town of Salem, bounded as follows, viz : beginning at its 
south-west corner bv St. Peters Street: then running 
northerly by said street about forty-seven feet three inch- 
es to land of Jeremiah Ames, then easterty, bounded 
northerly by said Ames's lasnd, one hundred and thirty 
feet to land of John Osgood, then southerly, bounded east- 
erly by said Osgood's land, about forty-seven feet three 
inches to land now or late of Moses Tovvnsend, then west- 
erly bounded southerly by said Townsend's land, one 
hundred and twenty-nine feet to the street and point be- 
I gu nat, containing twenty-two poles one hundred and 



216 SURVEY OF LANDS IN MAINE. 

twenty-nine feet ; and to make, execute, and deliver a good 
vsufficient deed of the same ; they the said Benjamin and 
William, first giving their bond to the Judge of Probate 
for said county of Essex, conditioned that they M^ill act 
faithfully in all things touching the same, and place the 
proceeds thereof at interest for the benefit of said Mary 
Toppan Pickman, and account for the same according to 
law. 



CHAP. XXIV. 

Resolve providing for the further Surveys of Public 
Lands in Maine. 

June 18, 1825. 

Resolved, That it is expedient that further surveys of 
the undivided public lands in the State of Maine, be forth- 
with made for the purpose of division and sale: — There- 
fore, 

Resolved, That the land agent be, and he hereby is, 
authorized and directed to correspond with the Chairman 
of the Board of Commissioners appointed under the act of 
separation of the State of Maine from Massachusetts, and 
request that he will notify an early day for the meeting of 
said board, for the purpose of considering the expediency 
of causing four ranges of townships, commencing on the 
westerly end of the north line of the ninth range of town- 
ships, north of the Waldo patent, to be surveyed, and plans 
thereof taken; so that a just division of said lands between 
the two states may be made : — And it is further 

Resolved, That all monies arising from the sale of the 
portion of said lands which may, on a division, fall to the 
share of this Commonwealth, together with the interest 
which may accrue thereon, be appropriated to the estab"! 
lishment of a fund for the support of common schools. 



CLERK'S SALARY.— Z. SAMPSON. 217 



CHAP, XXV. 

Resolve for paying; the Clerks of the two Houses. 
June 18, 1825. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth, to the Clerk of the Senate, eight dol- 
lars per day ; to the Clerk of the House of Representatives, 
ten dollars per day, and to the assistant Clerk, of the Sen- 
ate,six dollars per day for each and every day's attendance, 
they have been or may be employed in that capacity, dur- 
ing the present session of the Legislature : And the Gov- 
ernor, with the advice of the Council, is requested to draw 
his warrant accordingly. 



CHAP. XXVL 

Resolve in favour of Zabdiel Sampson aiid JVymphas 

JSIarston. 

June 18, 1825. 

Resolved, That there be paid out of the public Treas- 
ury of this Commonwealth, to Zabdiel Sampson and N}'m- 
phas Marston, the sum of eighty one dollars, for their 
services and expenses as Commissioners in surveyino- 
Cape Cod Harbour, in pursuance of a Resolve of the Gen- 
eral Court, passed at the last session thereof; and that 
His Excellency the Governor be requested to draw his 
warrant on the Treasury for said sum, in their favour. 



218 PAY OF MEMBERS.— S. M. HOLLAND. 



CHAP. XXVH. 

Resolve providing for the Pay of the Members of the Le- 
gislature. 

June 18, 1825. 

Resolved, That there be paid, out of the Treasury of 
this Commonwealth, to each member of the Senate, and 
House of Representatives, two dollars for each day's at- 
tendance, the present political year, and the like sum of 
two dollars for every ten miles travel from their resynct- 
ive places of abode to the place of the setting of the Gen- 
eral Court, at every session of the same ; and also to each 
Member of the Council, two dollars for each day's attend- 
ance at that board, at every session thereof, during the 
present political year, the like sum for every ten miles 
travel from their respective places of abode to the place 
of the sitting of the General Court. 

And be it further Resolved, That there be paid to the 
President of the Senate, and to the Speaker of the House 
of Representatives, each, two dollars for each and every 
day's attendance the present political year, in addition to 
their pay as members. 



CHAP. XXVHL 

Resolve on the petition of Samuel May Holland and others, 
June 18, 182.5. 

On the petition of Samuel May Holland and others, 
praying that Edward Cruft, or some other suitable person, 
may be authorized to sell and convey certain real estate 
of the late John Holland deceased. 

Resolved, For the reasons set forth in said petition, 
that Edward Cruft, of the City of Boston, Esquire, be, 
he is hereby authorized and empowered to sell at public 



STATE PAPERS. 219 

or private sale, as may be deemed by him most expedient 
and for the interest of all concerned, the mansion house, 
land, and estate of the late John Holland, deceased, situa- 
ted in Oliver street, so called, in said Boston, bounded and 
described, as in a certain deed of one Samuel H. Walley 
to said John Holland, dated 15th M-jy, A. D. 1805, and 
recorded with the Suflblk recoids, liber 213, folio 214; 
and also a certain other deed of one, Aaron Bancroft to 
said John Holland, dated lUth June A. U. 1814, with full 
power and authority, to sign, seal, execute, acknowledge 
and deliver any deeds or other instruments in writing, of 
saul premises to said purchasers, which said deeds or other 
instruments shall be sufficient and effectual in law to con- 
vey the said premises to the grantee or grantees, and to 
vest in them, and their heirs and assigns, forever, all the ti- 
tlr which the said John Holland, at the time of his decease, 
hud in the said premises, in said deeds referred to, and 
there particularly descril>ed ; Provided however, that Sa- 
rah Holland, widow of said John Holland, shall at the 
same time release her life estate in the premises , and 
provided also, that the said Edward Cruft, shall first give 
bond to the satisfaction of the Judge of Probate for the 
county of Suffolk, conditioned to pay the nett proceeds of 
said sale into the Probate Court for said county of Suffolk, 
there to be disposed of in such way and manner as the 
said court shall order and direct, any law, custom, or usage 
to the contrary notwithstanding. 



CHAP. XXIX. 

Resolve for paying for two hundred copies of Massachu- 
setts State Papers. 

June 18, 1825. 

Resolved, That there be allowed and paid to Mary J. 
Gardner, of Boston, the sum of two hundred dollars, for 
two hundred copies of Massachusetts State Papers, print- 
ed by the late firm of Russell and Gardner ; and that said 
29 



220 Z. CHILD— CITY OF BOSTON. 

volumes be delivered to the Secretary of this Common- 
wealth, to be distributed amoniij^st the members of the 
present General Court; and the Governor is requesied to 
draw his warrant accordingly : And that the resolve, pass- 
ed February 23, 1825, for the payment of three hundred 
dollars, be, and hereby is repealed. 



CHAP. XXX. 

Resolve on the petition of Zechariah Child. 
June 18, 1825. 

Resolved, on the petition of Zechariah Child, and for 
the reasons therein set forth, that the Solicitor General 
be, and he hereby is authorized and required to discharge 
a judgment obtained in favour of this Commonwealth, 
against said Zechariah Child, for the sum of four hundred 
and twenty dollars and seventy six cents, on a recogni- 
zance entered into by said Child, for the appearance of 
his son Walter Child, before the Supreme Judicial Court, 
which recognizance became forfeited by the avoidance of 
said Walter. 



CHAP, XXXL 

Resolve on the petition of the Mayor and Aldermen of 
the City of Boston. 

June 18, 1825. 

Resolved, That whensoever the United States of Ameri- 
ca shall take possession of George's or Lovell's Island, for 
the purpose of erecting fortifications thereon, that the 
Legislature of this State, on request, will cede the juris- 
diction of those Islands to the Ujaited States. 



REVOLUTIONARY SOLDIERS. 221 



CHAP. XXXIL 

Resolve granting an aUoivance to the Officers and Sol- 
diers who were in the Battle of Bunker'' s Hill. 
June 18, 1825. 

Resolved, That the acting Quarter Master General 
be directed to extend the provisions of a resolve of June 
16, 1825, granting an allowance to the officers and soldiers 
who were m the battle of Bunker's Hill, on the 17th 
June, A. D. 1775, to such as may give satisfactory evi- 
dence to the acting Quarter Master General, on or before 
tlie fourth day of July next, of their having been in said 
battle, aiid who attended the celebration on the 17th in- 
stant. 



CHAP. XXXIIL 

Resolve relative to Revolutionary Soldiers. 
June 18, 1825. 

Resolved, That His Excellency the Governor, with ad- 
vice of Council, be authorized and requested to draw his 
warrant on the treasury for the amount of the roll, which 
shall be made out for the payment of the old revolution- 
ary soldiers, who were in the battle of Bunker's Hill, agree- 
ably to a resolve past the present session for that purpose, 
in favour of the Adjutant General ; and that the Adjutant 
General pay out the same agreeably to said roll. 



222 LA FAYETTE.—PURCHASE OF FUEL, ^c. 



CHAP. XXXIV. 

Resolve authorizing the Governor to draw his tvarrant on 
the treasury, to defray the expenses incurred, by pro- 
viding for the reception of General La Fayette. 
June 18, 1825. 

Resolved, That His Excellency the Governor, by and 
with the advice of Council, be, and he hereby is, authorized 
to draw his warrant on the treasury for such sum as may be 
necessary, to carry into effect the resolve of the eleventh 
instant, providing for the reception of General La Fayette. 



CHAP. XXXV. 

Resolve authorizing purchase of Fuel and other ar 
tides, for the use of this Commomvealth, 

June 18, 1825. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to Jacob Kuhn, Messen<i;er of the Gen- 
eral Court, the sum of one thousand dollars, to enable him 
to purchase fuel and such other articles as may be neces- 
sary for the use of the General Court, together with the 
Governor and Council Chamber, the Secretary's, Treasur- 
er's Adjutant General's and Quarter Master Generai's^ 
offices, and also for the Land Office ; he to be accountable 
for the expenditure of the same. 



JNO. B. WHEELER, ESQ,— JACOB KUHN. 223 



CHAP. XXXVI. 

Resolve on the Petition of John B. Wheeler. Esq. 
June 18, J 825. 

On the petition of John B. Wheeler, Esq. 

Resolved^ That for reasons set forth in said petition, 
the said John B. Wheeler be, and he hereby is authorized 
and empowered, in his said capacity of guardian to Sally 
W. Wheeler, a minor, to sell at public or private sale, all 
said minor's interest in and to about eight acres of land 
with the buildings thereon, situate in Watertown, in the 
County of Middlesex, held in common with Daniel Scud- 
der, and Sally S. Wheeler, and to execute good and sufli- 
cient deeds thereof to any person who may become the 
purchaser ; he the said John B. Wheeler, first giving bond 
to the Judge of Probate for the County of Middlesex, with 
sufficient sureties, conditioned to secux^ and apply the 
proceeds of such sale for the benefit of said minor,,agree- 
able to the provisions of law in such cases. 



CHAP. XXXVH. 

Resolve providitig for the pay of Jacob Kuhn. 
Jujie 18, 1825. 

Resolved, That there be allowed and paid out of the 
public treasur}^ to Jacob Kuhn, in full for his services as 
Messenger to the General Court, and for his care of the 
State House, and all other services rendered by him, in- 
cluding those mentioned in a resolve passed on the nine- 
teenth day of October, in the year of our Lord one thou- 
sand eight hundred and fourteen, for the year commencing 
the thirtieth day of May last, one thousand dollars, payable 
quarter yearly ; and His Excellency the Governor, with 
the advice of Council, is requested to draw his warrant ac- 
cordingly. 



224 MASS. CLAIMS— STATE HOUSE. 



CHAP, xxxvni. 

Resolve relating to the Massachusetts Claims on the Gov- 
ernment of the United States. 

June 18, 1825. 

Resolved, That three hundred copies of the Message of 
His Excellency the Governor, under the date of 4th June 
current, and of a letter dated 28th May last, from Georsje 
Sullivan Esq. to His Excellency, communicated with said 
Message, be printed for the use of the members of the 
General Court. 



CHAP. XXXIX, 

Resolve on the Subject of painting and repairing the 
State House. 

June 18, 1825. 

Resolved, That His Excellency the Governor, with the 
advice of the Council, be, and hereby is authorized and re- 
quested to nominate and appoint some suitable person or 
persons, to procure all necessary materials, for painting the 
State House, and putting in repair the steps and fences 
about the same, to employ such painter and other mechan- 
icks and workmen as may be necessary to effect these 
objects and to make any other repairs which His Excellen- 
cy the Governor, with the advice of Council, may judge 
expedient, and to make such arrangements with the City 
Government of the City of Boston, respecting the repairs 
which it is incumbent on them to make, as he may deem 
expedient. 

Be it further Resolved, That there be paid out of the 
treasury of the Commonwealth, to the said agent or agents, 
a sum not exceeding five thousand five hundred dollars, 
for the purpose of carrying the foregoing resolution into 
effect ; the said agent or agents, to be accountable for the 



OHIO.— COM. ON ACCOUNTS. 225 

proper application of the same ; and His Excellency the 
Governor is hereby authorized and requested to draw his 
warrant on the treasury for the sum aforesaid. 



CHAP. XL. 

Resolves on Ohio Resolutions, 
June 18, 1825. 

Resolved, That the Legislature of this Commonwealth 
approves of the Resolutions in relation to the emancipa- 
tion of slaves passed by the State of Ohio, in the year 
one thousand eight hundred and twenty-four, so far as the 
.same declare that slavery is a national evil. 

Resolved, That the Senators of this State in Congress, 
be instructed, and the members of the House of Repre- 
sentatives be requested, to countenance and promote all 
measures which may tend to remove or diminish this evil, 
without infringing the provisions of the Constitution, or 
the rights of individuals. 



CHAP. XLL • 

Resolve for paying the Committee on Accounts. 
' June 18, 1825. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the Committee on Ac- 
counts, one dollar per day, over and above their pay as 
members, for the present session, to wit. 

To John Keyes, seven days, seven dollars. 

" William Ellis, twelve days, twelve dollars. 

" Elfhu Hoyt, twelve days, twelve dollars. 

" Robert Rantoul, twelve days, twelve dollars. 

" Luke Fiske, twelve days, twelve dollars.-, 



226 JOHN V. LOW. 



CHAP. XLH. 

Resolve for paying John V. Loio. 
June 18, 1825. 

Resolved^ That there be allowed and paid from the 
treasury of this Commonwealth, to John V. Lovy, assist- 
ant to the Messenger of the Governor and Council, two 
dollars for each day he has been, or may be, employed the 
present session. 



MAV, 1825. 



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

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

JOHN KEYES, for the Committee, 



PAUPER ACCOUNTS. 

Amesbury, for support of Moses Keniston, Rob- 
ert Baker and Daniel Goodin, to May 23d, 
1825, $43 41 

Amherst, for support of Jane Richardson and 

Polly Richardson, to May 20th, 1825, 35 23 

Adams, for support of Sarah Hewitt, Susannah 
Kemp, Philina Hill, James Derry, Robert Har- 
ris, Alice Waterman and child, Thomas Jones, 
a child of Thersa Jones, Jane Paine and Sarah 
Martin, to June 3d, 1825, 214 60 

Billerica, for support of Robert Casley and Cath- 
erine, his wife, and Ann, James, Robert and 
Catherine, their children — Mrs. McRee and 
six children, to June 4th, 1825, 191 82 

Blandford, for support of Lettis Brewster and 

Susannah Burdick, May 26th, J 825, 93 60 

30 



228 PAUPER ACCOUNTS. 

Brimfield, for support of John Baxter, John Shel- 

burn and Thomas Coiban, to June 6th, 1(»25, 56 IfO 
Bridgevvater, for support of John Cht saut, his 
wife and child, John F. Bignier and wife, to 
June 1st, 1825, 79 07 

Beverly, for support of Dolly Claxton, Margaret 
Beaty, Ja's Wallis, Rowland Robinson, Cathe- 
rine, Felix, Julia and Nancy O'Neal, George 
and Mary Beaty, to June 1st, 1825, 117 51 

Belchertown, for support of Phebe Butler, Fide- 
lia and Amelia Barden, and wife of Samuel 
Bakeman, to June 1st, 1825, 50 80 

Barre, for support of Juda, Mary, James Davis 
and James Davis, jun., and James Collins, to 
June 2, 1825, 59 20 

Braintree, for support of Titus, a black man, Ann 1 / 

Gowith and three children, to May 30th, 1825, ^ 59 40 
Boston, for the support of sundry paupers, to 

April 30th, 1825, 3601 63 

Pellingham, for the support of Nathan Freeman, 

to May 26th, 1825, 46 80 

Boston Cit}, for the support of sundry persons 
committed to the House of Correction, to 
March 31st, 1825, 214 26 

Cumraington, for the support of Briski Pierce 
and Sarah Brow^n, alias Peach, to May 21st, 
1825, 36 00 

Chesterfield, for the support of James Spear, to 

Feb. 28tti, 1825, 8 60 

Colraine, for the support of Peter R. Hart, Polly 
Hart, Charles O. Neil, Samuel Dean, Lydia 
and Emerson Cromack, Sally Hart, Alexander 
Hart, Mary Hart and Stephen Hart, to May 
21st, 1825, 136 80 

Cheshire, for the support of Ephraim Richard- 
son, Noel Randal, Polly Cooper and Molly 
Diamond, to May 23d, 1825, 68 40 

Concord, for the support of John Troop, to June 

1st, 1825, 46 80 

Charlestown, for the support of sundry paupers, 

to June 1st, 1825, 1363 52 



PAUPER ACCOUNTS. 229 

Chester, for the support of George Buttolph and 

wife, and Benjamin Powers, to June 6th, 1825, 59 40 

Cambridge, for the support of sundry paupers, 

to June 1st, 1825, 725 13 

Deerfield, for the support of Dolly Roberts, Lo- 
vina Witherell, Daniel Ellis, Peter Stamm, 
Ardelia W itherell and Runy Witherell, to May 
31st, 1825, 99 22 

Dartmouth, for the support of Maria Jones, alias 
Ross, and child, George Ross, Robert Jack- 
son, to his death, and Jane Williams and child, 
to May 20ih, 1825, 52 52 

Danvers, for the support of John Fitzgerald, 
Owen Mellen, Thos, Littlewood, Ceasar Wil- 
cox, Ruth Parsons, John Henley, Henry Jones, 
Morris Foley and John McPherson, to June 
2d, 1825, 128 06 

Enfield, for the support of Joseph Butterworth, 

to April 8th, 1825, 90 00 

Easton, for the support of John Quindely, to 

Dec. 23d, 1824, 4 50 

Edgarton, for the support of Emanuel Salvers, to 

May 24th, 1825, 46 80 

Foxborough, for the support of James Weeks, 

and Samuel P. Luther, to Dec. 14th, 1824, 10 29 

Framingham^ for the support of Daniel Camp- 
bell, to May 30th, 1825, 18 90 

Granville, for the support of Sally Stewart and 

Samuel Gallup, to June 4th, 1825, 39 60 

Goshen, for the support of Charles Connor, to 

May 17th, 1825, 18 00 

Grafton, for the support of Joseph, Sarah, Ste- 
phen and Esther Johns, to May 30th, 1825, 42 00 

Gill, for the support of Sarah Lyon and Mary 

Lawson, to May 21st, 1825, 93 60 

Great Barrington, for the support of Isaac and 
Mary Hoose, Dorcas Webster, Joanna and 
Lucy Porter, Clarissa Lindsley, Maria Young- 
love, Anna Hewitt, and Nancy Aleseck, to 
May 28th, 1825, 146 05 

Gloucester, for the support of sundry paupers, to 

June 5th, 1825, 325 50 



230 PAUPER ACCOUNTS. 

Hancock, for the support of William North and 
three children, Geor2;e W. Hakes and three 
children, and Silas Shipnian and wife, to May 
21st, 1825, 74 73 

Hamilton, for the support of Alice Cook, to April 

5th, 1825, 46 80 

Hopkinton, for the support of Susan Parker, to 

June 1st, 1825, 4 00 

Hanson, for the support of Rhoda Prince, to June 

8th, 1825, 18 90 

Ipswich, for the support of John O'Brien, to 

June 1st, 1825, 46 80 

Levden, for the support of Tacy Fuller, Arnold 
Clark, Ruth and Joseph Abel and Desire Stan- 
ton, to May 20th, 1825, 85 40 

Lenox, for the support of Mary Davis, Mary 
Fuller, Thomas Dennison, Moses McGraw, 
Maria Palmer, John Ruff, Samuel Belle and 
Will Witbeck and Emeline Hubbel, to May 
21st, 1825, 128 03 

Lanesborough, for the support of sundry Pau- 
pers, to iV;ay 22d, 1825, 712 66 

Lee, for the support of Tom Peters, Richard 
Small, Rowland Oren, Arnold Blanchard, Sam'l 
Rogers, Caroline and Lavry Shepherdson, 
William and Rebecca Wilson, Sarah Ross, and 
Lucinda Shepherdson, to May 23d, 1825. 169 13 

Mendon, for the support of John Agar, Moses 
Hendrick's funeral charges. Patience Pease, Ja- 
cob Brown, Andrew and William Sloam, and 
Andrew Thayer, to June 13th, 1825, 120 46 

Middleboiough, for support of John Fitzgerald, 
Robert Wilson, Elizabeth Briggs, Heriett 
Hall, and child, Emeline Bowers, William Wil- 
son and Phebe Squinn, to May 1st, 1825, 126 95 

Marshfield, for support of Hannah Barring and 

Joseph Robinson, to January 19th, 1824, 11 30 

Milton, for support of Archibald McDonald, 
James Brown, John J. Myers, and Archibald 
Sela, to June 7th, 1825, 64 00 

Middlefield, for support of Rebeccah Allen, to 

April 25tb, 1825, 7 20 



PAUPER ACCOUNTS. 231 

Marblehead, for support of Mary Card, to June 

4tii, 1825, 60 81 

Montague, for support of Edward and wife, to 

May 28th, 1825, 36 00 

North Brooktield, for support of Esther Johnson, 

to May 2d, 1825, 61 59 

North boroui;h, for support of Jacob West, to 

May 20th, 1825, 46 80 

Newburyport. f oa' support of sundry Paupers, to 

June 1st, 11.25, 664 70 

Nesvburv, for support of sundry Paupers, to June 

1st, 1825, 827 82 

New Bedford, for support of sundry Paupers, to 

April 21st, 1825, 531 14 

Nortliampton, for support of sundry Paupers to 

June 1st, 1825, 256 55 

North field, for the support of Amos North, alias 

Riley, to June 8th, 1825, 49 56 

Phillipstown, for the support of Abraham Choll, 

to May 23d, 1825, 33^46 

Plymouth, for the support of James Reed, John 
M. Roap, Wm. Wotley, and Daniel Jones, to 
June 10th, 1825, 48 48 

Rehoboth, for the support of Aaron Freeman, 
Lucy Kelly, Rosanna Freeman and Child, Di- 
nah Kelly and chtld, and Susanna an Indian 
woman, to May 27th 1825, 110 00 

Rowe, for the support of Benjamin Patty, 
Thomas, Elmira, Pardon, Mary and Noah Wil- 
cox, May 23d 1825, 32 93 

Rowley, for the support of Louisa Price, Elle 
Collins, Tryphosa Knight, Alphonson Knight, 
anl Ann Maria Knighf, to May 23d, 1825, 65 90 

Roxbury, for the support of sundry Paupers, to 

June 3d, 1825, 228 89 

Stockbridge, for the support of John and Azuba 
Morrison, Sam'l and Hannah Rathbun, Mary 
Rice, Margery Curtis, Seley Peck, Elizabeth 
Seley, and Mary Ann Hagar, to June 1st, 1825, 190 30 
South Hkdley, for the support of Dexter, Cath- 
erine, Amanda, and Asa Porter, to May 23d, 
1825, 54 75 



232 PAUPER ACCOUNTS. 

Shutesbury, for the support of Peter and Sarah 

Jackson, to May 21st, 1825, 93 60 

Sharon, for the support of Elizabeth Ellis and 

John H. Kelhoff, to June 1st, 1825, 33 94 

Soutii bridge, for the support of Quack Boston, to 

May 17th 1825, 23 40 

Swansey, for the support of Diadama Boston, 
Martha Dusnips, Ruth Sachamore, Olive 
Freeman, and Eliza Freeman, to May 21st, 
1825, 61 72 

Stow, for the support of J ohn Dunn, to May 22d, 

1825, 16 07 

Sandisfield, for the support of Richard Dickson 
and wife, to May 20th, 1825, and Jonathan 
Bowles to his death, 55 52 

Southwick, for the support of George Reed, Dan- 
iel Marlow, to June 1st, 1825, " 93 60 

Sheffield, for the support of Charles Durant and 

Sylvia Brewster, to June 1st, 1825, 30 19 

Saleui, tor the support of sundry Paupers to May 

27th, 1825, 1049 83 

Topsfield, for the support of Phillis Easty, Nancy 
Porter, and Phillis Emerson, to May 30th, 
1825, 189 00 

Taunton, for the support of Anonymous Female, 
Jacob Torrey, Jemima Tew, Sally Vollum, Nan- 
cy Stella, Betsey Leonard, Mary Stella, Har- 
riet Jeffrey, Deborah Smith, Solomon Robin- 
son, and Ephraim Hull, to May 31st, 1825, 186 59 

Ware, for the support of Charles Simson, to May 

21st, 1825, 93 60 

Western, for the support of Joseph R. Trim, and 

Daniel Mundell, to May 17th, 1825, 140 41 

Ward, for the support of Sarah Wiser, to May 

10th, 1825, 46 80 

West Springfield, for the support of Hannah 
Shevoy, Lois Shevoy, Olive Scranton, and 
James Benedick, to May 20th, 1825, 79 40 

Washington, for the support of James and Nancy 
Robbins, Elizabeth Williams, and William 
Seals, to May 23d, 1825, 52 1.8 



SHERIFFS' AND CORONERS' ACCOUNTS. 233 

Wade Thomas, keeper of the House of Correc- 
tion, for the support of sundry paupers in Es- 
sex to May 31st, 1825, also including an allow- 
ance by the Court of Sessions, to April 6th, 
1825, 463 15 

Westfield, for the support of Asenath Gibson, 
Georse Gibson, John Berry, Esther Berry, 
TheodotiaGillet,Mathew Smith, Caleb Wilier, 
and Fanny Baltimore, to June 1st, 1825, 137 15 

Williamstown, for the support of James Low, 
Asahel Foot and wife and three children, Chas. 
Henry, and Franklin Porter, Petjgy Jackson, 
Hvram Taylor, John Henderson, and Rachel 
Galusha, to June 2d, 1825, 214 70 



SHERIFFS' AND CORONERS' ACCOUNTS. 

May, 1825. 

Bancroft William A., Coroner of Middlesex, for 

inquisition, to May 30th, 1825, 14 56 

Blanchard Benjamin, Coroner of Essex, for an 

inquisition, to April 1825, 7 40 

Blair Rufus, Coroner, of Hampden, for inquisi- 
tions, to March 25th, 1825, 14 20 

Badger Thomas, Coroner of Suffolk, for taking 

five inquisitions, to June 13th, 1825, 37 00 

Also, one inquisition to June 18th, 1825, 7 50 

Chase David, Coroner of Bristol, for an inquisi- 
tion, to May 21st, 1825, 12 40 

Hews Samuel H., Coroner of Suffolk, for inquisi- 
tions, to June 8th, 1825, 14 80 

Hoyt Epaphras, Sheriff of Franklin, for returning 

votes for Governor, to May 19th, 1825, 8 00 

Leonard Cromwell, Coroner of Bristol, for an in- 
quisition, to January 22d, 1825, 7 40 



234 PRINTERS' AND MISCEL. ACC'TS. 

Norcross Joel, Coroner for Hampden, for inquisi- 
tions, to May 16th, 1825, 24 80 

Kingsbury Aaron, Coroner of Norfolk, for an in- 
quisition, to June 13th, 1825. ? 40 



PRINTERS' AND MISCELLANEOUS ACCOUNTS. 

May, 1825. 

Bowles Samuel, for printing laws to May 18th, 

1825, 16 66 

Boston City, for repairs on Rainsford Island, &c. 

to June 1st, 1825, 125 13 

Buckingham Joseph T., for printing laws, &c., 
and furnishing the Legislature with newspa- 
pers, to May, 1825, 30 35 

Burditt James W., bill for stationary, to June 

18th, 1825, 161 64 

Bacon Henry, for assisting Messenger, to June 

18th, 1825, ^ 52 00 

Chase Warren, for assisting Messenger, to June 

18th, 1825, 52 00 

Cutting Elijah W., for assisting Messenger, to 
June 18th, 1825, 50 00 

Denio & Clark, for printing laws, to May, 1825, 16 67 

Durant William, furnishing glass, &c. for State 

House, to May 22d, 1825, 43 70 

Judd Sylvester, for printing laws, &c., to May, 

1825, 28 67 

Hale Nathan, for printing laws, &c., and newspa- 
pers furnished the Legislature, with paper, to 
May, 1825, 107 75 

Kuhn Jacob, for balance of his account for sun- 
dries furnished Commonwealth, per bill, June 
18th, 1825, 93 72 

Lindsay Benjamin, for printing laws, to May, 

1825, 16 67 



MILITARY ACCOUNTS. 235 

Lorins^ Josiah, for stationary furnished the Treas- 
urer's office, to June 8th, 1825, 17 87 

Lorins: Josiah, for stationary, per bill, to June 

3d, 1825, 20 57 

Loring James, for stationary, per bill, to Feb. 

25th, 1825, 21 00 

Prouty J. J., for painting covered waj^s, &c., to 

Feb. 13th, 1825, 67 91 

Palfrey Warwick, for printing laws, &c., to May 

20th, 1825, 37 82 

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

16th, 1825, 56 02 

True & Greene, for sundry accounts for printing, 

to June 15th, 1825, 1130 03 

Towne Edmund, services as page to the House, 22 00 

Webster Charles, for printing laws to June 1st, 

1825, 16 6& 

Young & Minns, for printing laws, &c., to May, 

1825, 69 51 



MILITARY ACCOUNTS May, 1825. 

Brigade Majors. 

Barton Jabez W., 1st brigade, 2d division, to 

Jan. 1st, 1825, 40 00 

Richardson Wyman, 1st brigade, 3d division, to 

June 6th, 1825, 40 00 

Twining Thomas, 1st brigade, 7th division, to 

June 1st, 1825, 16 67 

»^djiitants. 

Allen Henry, 2d brigade, 6th division, to Jan. 

1st, 1825, 30 00 

Bent James, 2d regiment, 2d brigade, 1st divis- 
ion, to April 15th, 1824, 5 89 

31 



236 MILITARY ACCOUNTS. 

Billin.2;s Asahel, 4th regiment, 2d brigade, 4th 

division, to May 1st, 1825, 29 16 

Barrett Benjamin, 4th regiment, 2d brigade, 6th 

division, to Feb. 18th, 1825, 28 32 

Callender Daniel L., 2d brigade, 4th division, to 

June 1st, 1825, 25 00 

Collins Michael, 3d regiment, 3d brigade, 5th di- 
vision, to May 25th, 1825, 25 00 

Everett Charles, 1st regiment, 1st brigade, 3d 

division, to April 5th, 1825, 31 60 

Everett Leonard, 2d regiment, 2d brigade, 1st 

division, to April 15, 1825, 25 00 

Egleston Thomas, 2d regiment, 2d brigade, 7th 
^division, toMay 17th,'l825, 9 51 

Hubbard John, 3d regiment, 1st brigade, 4th di- 
vision, to Apiil 25th, 1825, 25 00 

Howard Ebenezer, 1st regiment, 1st brigade, 6th 

division, to June 1st, 1825, 24 24 

Hill Dan, 2d regiment, 1st brigade, 6th division, 

to June 1st, 1825, 18 75 

Jones Timothy, 3d regiment, 1st brigade, 7th di- 
vision, to June 1st, 1825, 25 00 

Munroe Harris, 1st regiment, 2d brigade, 1st di- 
vision, to May 22d,'l825, 25 00 

Shepherd Araos, 5th regiment, 2d brigade, 4th 

division, to May 13th,' 1825, 25 00 

Town John, 1st brigade, 2d division, to May 1st, 

1825, 31 25 

Woolcot James, 4th regiment, 1st brigade, 6th 

division, to June lst,"i825, 50 00 

Hauling Artillery. 

Morrill Zebedee, 2d brigade, 2d division, to Jan. 

1825, 6 00 

Mead Seymour, 2d brigade, 7th division, to Jan. 

25th, 1825, 12 00 

Strong David, jun., 2d brigade, 4th division, to 

Jan. 1825, 15 00 

Sumner Clark, 1st brigade, 6th division, to Jan. 

1825, 15 00 



AGGREGATE. 237 

Winslow Joshua, 3d brigade, 5th division, Jan. 

1825, 8 24 

Courts Martial. 

For the expenses of a General Court Martial, 
hoklen at Worcester, on the 2d of March, A. 
D. 1825, whereof JVIaj. Gen. Benjamin Stick- 
ney was President, as per account rendered on 
file, amounting in the whole, to 120 87 

For the expenses of a Division Court Martial, 
holden at Savin Hill, on the 2d of March, A. 
D. 1825, whereof Lieut. Col. Thomas G. Am- 
ory was President, as per account rendered on 
file, amounting in the whole, to 67 07 

For the expense of a Division Court Martial, 
holden at Dudley, on the 29th of March, A. 
D. 1825, whereof Colonel Francis B. Fay was 
President, as per account rendered on file, a- 
mounting in the whole, to 83 48 



Aggregate of Roll JVb. 93. 

Viz : — Pauper Accounts, $ 1 6,40 1 2 1 

Sheriff and Coroner's Accounts, 155 46 

Miscellaneous and Printers' Accounts, 2,254 35 

Military Accounts, 858 05 

;$! 19,669 07 



238 RESOLVE. 

Resolved, That there be allowed and paid out of the 
public treasury, to the several corporations and persons 
mentioned in this Roll, the sums set against such corpora- 
tions' and persons' names, respectively ; amounting in the 
whole, to the sum of nineteen thousand six hundred and 
sixty-nine dollars and seven cents. 

In Senate, June 18, 1825 Read and passed. Sent 

down for concurrence. 

NATH. SILSBEE, President 

House of Representatives, June 18, 1825 Twice read 

and concurred. 

TIMOTHY FULLER, Speaker. 

June 18, 1825 Approved, 

LEVI LINCOLN. 



eommonUjeaUtv of JH^s^^atcfiui^ett^* 

SECRETARY'S OFFICE, SEPT. 13, 1825. 
I HEREBY CERTIFY, that I have compared the Resolves 
printed in this pamphlet, with the original Resolves, as 
passed by the Legislature, at their session in May and 
June last, and that they appear to be correct. 

EDWARD D. BANGS, 

Secretary of the Commonwealth, 






RESOLVES 



OF 



THE GENERAL COURT 

OF THE 

COMMOIVWEALTH OF MASSACHUSETTS ; 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE FOURTH OF JANUARY, AND ENDED 

ON SATURDAY, THE FOURTH OF MARCH, ONE THOUSAND 

EIGHT^ HUNDRED AND TWENTY-SIX. 

GOVERNOR S MESSAGE. 



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

MESSAGE. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

The circumstances of public peace and prosperity, as 
well as of personal health and happiness, under which the 
different branches of the Government are now reassem- 
bled, at the commencement of a new year, are justly a 
subject for mutual congratulation, and for devout acknow- 



242 GOVERNOR'S MESSAGE. 

ledgement to that Almighty Being, who mercifully directs 
in the revolutioti of the seasons, and is the preserver and 
protector alike of nations and of individuals. A survey 
of the condition of our Commonwealth, and of our Coun- 
try, must be productive of the highest gratification to eve- 
ry patriotic mind. The enjoyment of entire national in- 
dependence, unconnected with an obligation but to the 
Almighty, under whose blessing it was achieved ; the es- 
tablishment of systems of free government, securing to 
the people, who at the same time are sovereign and sub- 
ject to them, the exercise of equal privileges and rights ; 
a wise and provident course of legislation ; an impartial 
dispensation of justice ; the influence of multiplied insti- 
tutions, diff'using the means of moral and social improve- 
ment through all the departments of life ; the success of 
foreign commerce; the encouragement of domestic indus- 
try ; the variety and abundance of the products of the 
earth, in reward of the labours of husbandry ; the exten- 
sion and success of manufactures, in whatever conduces 
to comfort or convenience ; with the prevalence of a spi- 
rit of enterprize, which seeks to enlarge the scope of hu- 
man agency and acquirement, form but an imperfect sketch 
of the scene of unexampled happiness, which the aspect 
of the United States now exhibits. It should be a source 
of additional satisfaction, that the continuance of these 
blessings seems threatened by no present danger, but de- 
pends upon our own estimate of their value, and our 
fidelity to the obligations which we are under to preserve 
them. 

Having, upon the organization of the Government, at 
the commencement of the present political year, distinct- 
ly addressed to your consideration those leading topics 
of general policy, which the spirit of the times and the in- 



GOVERNOR'S MESSAGE. 24'3 

terests of this Commonwealth most strongly suggested to 
myownmind, it would illy comport with that respectful 
confidence which I entertain in your disposition to pay to 
them a deserved regard, that I should, on this occasion, 
more urgently press you with motives to their attention. 
The discussion of such of the subjects, embraced in the 
various propositions of the last session, as the want of op- 
portunity, at that time, occasioned to be postponed, will, 
I trust, be resumed at j^n early moment, and that disposi- 
tion made of them, which the character of the State and 
the interests of our constituents, demand. Of the unfinish- 
ed business, 1 cannot, however, but renewedly and earnest- 
ly recommend, as of primary importance, a revision of the 
laws, "for regulating, governing, and training the militia," 
and the laws " defining the general powers and duties o f 
munufacturing corporations," with a view, at leasts to so 
much of modification and amendment in them respective- 
ly, as I had the honor heretofore to propose, and which 
subsequent enquiry and observation have further satisfied 
me, would be alike politic and just With the former of 
these subjects the feelings and personal duties of a large 
portion of our fellow citizens are intimately connected, 
while the latter involves an interest, which has become of 
vital consequence to the population and business of this 
Commonwealth, and is greatly contributive to the re- 
sources and real independence of the nation. 

Immediately upon the recess of the Legislature, I re- 
ceived from His Excellency the Governor of Connecticut, 
a communication, covering au exemplification of sundry 
Resolutions of the General Assembly of that State, pro- 
posing a recession of jurisdiction by this Commonwealth, 
to a gore of land in the town of Southwick, in the Coun- 
ty of Hampden, described, as projecting south of the ge- 



244 GOVERNOR'S MESSAGE. 

neral course of the line of division between the two go- 
vernments, and which was supposed to have been acquir- 
ed by Massachusetts, heretofore, in the settlement of that 
part of the boundary line which is west of the Connecti- 
cut River. By these Resolutions, the Governor of Con- 
necticut was authorized, at his discretion, to correspond, 
with the Executive, or the Government of this Common- 
wealth, and endeavor to effect the proposed recession by 
friendly negotiation ; or, should he deem it proper, to give 
such instructions to the Commissioners alread}^ appointed, 
on the part of Connecticut, to settle the line on the east 
side of the river, as might be necessary to bring about the 
restoration of the territory in Southwick, with directions 
to them to report to the next General Assembly the terms 
and conditions, upon which it might be restored to the ju- 
risdiction of that State. The motives which induced to 
this application are explained, at large, in the communica- 
tion of the Governor. He was informed, in reply, that 
the Commissioners, on the part of this Commonwealthy 
would be instructed to attend to the representations which 
might be made, on the part of the State of Connecticut, 
or by the inhabitants living on the territory, and to report 
a state of facts, to be submitted to the Legislature, which 
alone was competent to the consideration and ultimate dis- 
position of the matter. At the same time, it was express- 
ly declined to connect the inquiry with the execution of 
the commission, which respects the boundary line east of 
the river. Explicit and very definite instructions were ac- 
cordingly given to our Commissioners, copies of which, 
together with the exemplification of the Resolutions of 
the General Assembly of Connecticut, and the corres- 
pon-^^-nce which has been had between the Executive of 
that i^f'dte and of this Commonwealth, will be laid before 



GOVERNOR'S MESSAGE. 245 

you. As it is understood that the Board of Commission- 
ers have not yet been able to complete the business for 
which they were originally appointed, but have adjourned 
to a future day, for the prosecution and fulfilment of their 
duties, it is for the Legislature to decide, how far it may 
be expedient to invest those, on our part, with further pow- 
ers in reference to this subject. 

. In execution of the directions contained in certain Re- 
solves of the Legislature, of the 16th of February, and the 
11th of June last, the Land Agent of this Commonwealth, 
in conjunction with tlie Land Agent of the State of Maine, 
have been engaged, during the greater part of the past 
season, in inquiries into the extent of the depredations up- 
on the public lands in the neighbourhood of the St. Johns 
and Madawaska Rivers, within the jurisdictional limits of 
the State of Maine, and in measures for the more effectual 
preservation of the property in that country from waste and 
plunder. A report of their proceedings was made to me, 
by the Land Agent of this Commonwealth, in the month of 
November last. Deeming much of the information, which 
it contained, of importance to be communicated to the 
National Executive, as bearing upon the unsettled question 
of national boundary in that quarter, I immediately trans- 
mitted a copy to the President of the United States. Al- 
most at the same moment, a communication reached me 
from the Department of State of the United States, cover- 
ing a complaint by Sir Howard Douglass, Lieutenant Go- 
vernor of the Province of New Brunswick, transmitted 
through the British Minieter, against the doings of our 
Agents, as acts of offence and aggression upon the govern- 
ment and subjects of his Majesty's Province. The con- 
duct of the Agents, appearing, by the Report, to have 
been in strict conformity with the instructions of the Le^ 



246 GOVERNOR'S MESSAGE. 

gislature, I lost no time in explaining to the Department 
the occasion and true character of the measures which had 
been authorized, on the part of this Commonwealth, and 
in representing the acts of injury and extensive mischief 
committed, partly under colour of permits issued from the 
Surveyor General's office of the Province of New Bruns- 
wick, and partly by transient and lawless individuals, with- 
out the pretext of authority, which had rendered the de- 
cisive interference of the governments of Massachusetts 
and Maine, indispensable to the preservation of their com- 
mon property. The opportunity has not been neglected 
to urge also to the consideration of the general govern- 
ment, the importance to our peculiar interests of an early 
establishment of this part of the line of national boundary. 
Massachusetts, from the signing of the definitive treaty of 
peace, in 1783, until the separation of Maine, in 1820, and 
since that event, the government of the latter State, has 
exercised an unquestioned jurisdiction, and the rights of 
property and possession, over a district of country, to 
which a new and monstrous claim, in its present extent, 
comes now, for the first time, after a lapse of more than 
forty years, to be made on the part of Great Britain. 
The question between that government and the United 
States, on this subject, can be one only of strict right, and 
is not to be affected by negotiation, without the consent of 
this Commonwealth. Neither the sovereignty nor the 
soil are at the disposal of the general government. If the 
distinctive marks upon the face of the country, which, 
within the description of the treaty, are to determine the 
points of division, are not to be traced, the well settled 
principles of law and of justice, will fix the line, where, 
by practical construction, and the long acquiescence of 
both parties, it has hitherto been recognized. All the pa- 



GOVERNOR'S MESSAGE 247 

pers relating to the subject will, herewith, be submitted to 
you. From a respectful deference to the just suggestions 
of the President, particularly expressed in the letter of the 
Secretary of State, of the 15th of December last, and up- 
on a reliance that an immediate arrangement will be made, 
between the government of the United States and that of 
Great Britain, for the ascertainment, and ultimate establish- 
ment of the true line of boundary, tke propriety of sus- 
pending, for the present, the operation of those provisions 
in the Resolves of the 16th of February and 11th of June 
last, which authorize the conveyance of the undivided 
public lands on the St. Johns and Madawaska Rivers, to 
the settlers in actual possession, and the sales of timber, on 
such of the undivided public lands as lie contiguous to and 
near the waters of the St. Johns, is recommended to your 
immediate consideration. 

The Commissioners appointed pursuant to a Resolve of 
the Legislature, of the 25th of February last, " in relation 
to a survey of a route from Boston Harbor to Connecticut 
River," for the purpose of a Canal, will present a report 
of their proceedings, in the execution of this interesting 
and important commission, so soon as the Engineer shall 
have completed his plans and estimates, which already are 
in a state of great forwardness. The magnitude of the 
labours, which they have had to perform, and the late pe- 
riod to which their inquiries and observations have neces- 
sarily been protracted, have allowed to me no opportunity 
for becoming acquainted with the details of the report, or 
of offering an opinion upon its particular results, if, indeed, 
under any circumstances, I had felt.competent to this high 
responsibility. It is satisfactory, however, to learn, that 
the practicability of the construction of the proposed Ca- 
nal will be put beyond all doubt, by the certain demon- 
33 



248 GOVERNOR'S MESSAGE. 

stratioDS of the Engineer. It will now be made manifest, 
that a communication may be opened, in one direction, at 
leavSt, between the capital of the State, and its extreme 
northern and western parts, through which, a portion of 
the produce of the interior may be water-borne to our com- 
mercial metropolis. The first great point of inquiry is 
thus satisfied. A canal is physically practicable. There 
are waters for its supply, and levels upon wliich they may 
be conducted. But the time and the manner of the ac- 
complishment of this grand enterprize, are yet to be de- 
termined. It is a work from which we are not at liberty 
to look back. The present or a future age will assuredly 
execute it, and there are not wanting the most pressing 
motives for its immediate commencement. It cannot be, 
audit should not be disguised, that causes are in operation, 
the tendency of which is to divert the trade of this Com- 
monwealth, by new channels, to other sections of the 
Union. Already the abundant and variously supplied mar- 
ket, at the great basin of the Erie Canal, and the facility 
and cheapness of transportation from the shores of the 
Hudson to the city of New York, have carried westward 
the traffic of the green hills of Berkshire, and the rich 
valley of the Housatonic. The proposed improvement in 
the navigation of the Connecticut, will bear along the cur- 
rent of that river, the produce of the fertile mtervale upon 
its banks, from the source to its mouth. The construction 
of the Blackstone Canal, now vigorously prosecuted, will 
open a new and easy way of communication from the cen- 
tre of the Commonwealth to a busy and flourishing port in 
a neighboring state. Nor are the consequences of these 
things to be repined at or counteracted. They are por- 
tions of the great Avork of national improvement, to enrich 
the country, of which we are part But should we not 



GOVERNOR'S MESSAGE. 249 

hence be excited to a more diligent inquiry, in what man- 
ner these disproportionate drafts upon our local resources 
are to be supplied ? This is to be done, and only can be 
done, by a prompt, unhesitating, and effectual improve- 
ment of the advantages which yet remain to us. And shall 
we be dismayed at the magnitude of the duties which de- 
volve upon us, as public men, in this particular ? The means 
of the State are abundant, and the intelligence of the peo- 
ple will sustain their agents, in the enlightened application 
of them, to purposes of public honour and greatness. More 
than all that has been proposed in Massachusetts, has been 
fearlessly undertaken with infinitely less of the abili- 
ty of capital, by several of h^r younger sister States. And 
while we, even now, are speculating upon the promise of 
advantage from works of internal improvement, the neigh- 
bouring State of New York is receiving an income from 
her canals, constructed at the amazing cost of more than 
ten millions of dollars, so far beyond the interest of the 
expenditure, as to assure the speedy redemption of the 
principal, and equal, annually afterwards, to meet all the 
probable requirements of the administration of her govern- 
ment. It might be too much, with present means of in- 
formation, to say, that in a like proportion w ith the extent 
of the work, would be the pecuniary profit of a canal from 
the harbour of Boston to the Hudson, or to the Connecti- 
cut River, but there is nothing of hazard in the assertion, 
that no enterprize could be undertaken, more beneficial to 
the agricultural, manufacturing, and commercial interests 
of the State, than the opening of a water communication 
from the capital, through the populous, productive, and 
flourishing western counties of the Commonwealth. In- 
deed, with us, it may be received as an axiom in political 
economy, applicable to this, and to every similar project, 



250 GOVERNOR'S MESSAGE. 

which arrests the attention of the present day, that 
wherever a canal can be feasibly located, through a coun- 
try furnishing of itself the means of business, by the cul- 
tivation of fertile fields, or the occupation of water power, 
or the product of valuable minerals ; or if, by communica- 
ting with other regions of population and tiade, it will open 
for domestic produce new and better markets, the work 
may advantageously be constructed. 

It was hardly to have been expected, that the short pe- 
riod of a single season would admit of those minute exa- 
minations of country, and the precise estimates of labour 
and expense, which will satisfy every previous inquiry to 
the commencement of so great an undertaking. It would 
be strange indeed, if some deviations from the route pur- 
sued by the Commissioners in their surveys, would not 
ameliorate the work. Perhaps, even, new levels would 
indicate a course with less elevation of summit. Other 
sources of water may be discovered ; present apparent ob- 
stacles may be obviated, or real ones removed ; or, by fur- 
ther examination and comparison, a more eligible location 
may be shown. If, therefore, it shall only result to your 
entire conviction, from the reports of the Commissioners 
and the Engineer, which will be submitted to you, that the 
proposed canal is a practicable work, and that the mterests 
of the CommoniDealth require its execution^ the propriety of 
continuing and enlarging the powers of the present Commis- 
sioners, or of constituting a permanent Board for the gene- 
ral purposes of internal improvement, with instructions for 
the primary and effectual prosecution of this particular 
object, by further examinations, and an actual location of 
the route, and by obtaining a more accurate estimate of 
the whole cost, which shall include damages to individu- 
als, where any will be sustained and are demanded, and 



GOVERNOR'S MESSAGE. 251 

with authority to receive releases and grants in aid, is re- 
commended to your favourable consideration. When it is 
understood that the saving of a single lock, in the con- 
struction of a canal, will more than compensate the per- 
sonal services, for a year, of such a Board as is proposed, 
the economy of the measure will not be doubted. To 
Commissioners, who shall become familiar with the gene- 
ral subject, the investigation of other projects, for public 
improvement, may also be satisfactorily referred. Bridges, 
Roads and Railways, as well as Canals, will be within the 
scope of their inquiries and information, and the govern- 
ment, through their instrumentality, will, at all times, pos- 
sess the best means of intelligence, upon subjects of legis- 
lation which are becoming daily more interesting and im- 
portant. 

Considering the magnitude of this principal work, and 
the occasion there will be for a concentration of the ener- 
gies of the Commonwealth, to its successful accomplish- 
ment, if the wisdom of the Legislature shall sanction the 
undertaking, I forbear to advert to other objects of similar 
character, but of minor consequence, while this shall re- 
main undisposed of If, unfortunately, however, and con- 
trary to present expectations, from an assumed inability 
of means, or the supposed vastness of the labor, the great 
project of a Canal from the harbor of Boston westward^ 
must necessarily be postponed, there will not be wanting 
other propositions for the gratification of a spirit of en- 
terprize and public usefulness, which time will mature, 
and the genius of the age will execute. 

The interesting subject of State Prison concerns de- 
mands your earnest attention. The annual report of the 
Directors shows the economical and successful manage- 
ment of the pecuniary iJnd business affairs of the institu- 



252 GOVERNOR'S MESSAGE. 

tion. The receipts from the labor of the Convicts have 
yielded the unlocked for result of te7i thousand fifty-one 
dollars and thirty-tico cents, beyond all the expenses, 
which are a charge upon the establishment, for the year, 
ending on the 30th of September last. To this may be 
added the sum of three thousand seven hundred and forty- 
seven dollars and eighty-seven cents, the balance from the 
accounts of the preceding year, for the earnings of the 
Convicts over and above the expenses of that year, mak- 
ing an aggregate oi thirteen thousand seven hundred and 
ninety-nine dollars and nineteen cents, of credit, by the 
Prison to the Commonwealth, at the commencement of 
the last quarter. But there is a melancholy reverse to the 
picture. There is much reason to believe, that as a pene- 
tentiary, the system is utterly ineffectual, to purposes of 
reform or amendment. Indeed, in nothing else, than as a 
place of personal labor and restraint, is it a place of terror 
or punishment. The report of the Directors distinctly 
points to the construction of the Prison, and the want of 
apartments for the separate confinement of the Convicts, 
as a continued source of infinite moral evil. So few are 
the number of cells, that in many of them, from four to 
sixteen Convicts are locked together, by night. In, em- 
phatically, these committee rooms of mischief, the vilest 
schemes of profligacy are devised, and the grossest acts 
of depravity are perpetrated. — Confederacies and combi- 
nations are here formed by the practised veteran with 
the noviciate in crime, and to complete the infamy of the 
association, a horrible offence is here committed between 
wretches, who are alike destitute of moral sentiment, and 
without the reach of physical restraint. Nature and hu- 
manity cry aloud for redemption from this dreadful de- 



GOVERNOR'S MESSAGE. 253 

gradation. Better, even, that the laws were written in 
blood, than that they should thus be executed in sin ! 

Subsequent to the autumnal visitation and inspection 
of the Prison by the Executive, much public feeling was 
excited b}^ rumours of unusual defects in the character of 
its interior discipline, and in the conduct of its inmates 
and some of the subordinate officers.. An official enquiry? 
on the subject, was immediately addressed to the Direc- 
tors. Their full, frank, and explicit answer will show the 
result of a strict scrutiny into the suggestions which were 
made, and will further enforce the necessity of the only 
effectual remedy for the abuses which were found to ex- 
ist, by a separation of the convicts, except while at labor, 
and by prohibiting and preventing them, at all times, from 
private communications with each other, the under-keep- 
ers, overseers, or strangers. This latter regulation is in- 
deed within the present authority of the government of 
the prison, but it would be utterly idle to attempt to en- 
force it, to any salutary end, while the opportunities for 
intercourse exist, which the state of the cells will now 
freely allow. 

In view to the inevitable conclusions of your own 
minds, upon the papers which will be submitted to you, 
that something is imperiously required to be done, I re- 
commend that immediate provision be made for the erec- 
tion, as soon as may be, in the prison-yard, of a building, 
with sufficient cells for the separate confinement of the 
present and any future probable number of convicts. As 
the best model of a structure of this description, securing 
the most entire solitude of person with an effectual ar- 
rangement for detecting the slightest attempt at corres- 
pondence by conversation, the prison at Auburn, in the 
State of New York, is particularly to be preferred. A 



ii54 GOVERNOR'S MESSAGE. 

rough, but sufficiently accurate plan of this edifice, with 
such explanations as will render its construction perfectly 
intelligible, furnished by a philanthropic gentleman, 
who has taken deep interest in the subject, will be 
found with the papers, which are transmitted. The 
whole expense of the proposed building, constructed, as it 
should be, of unhammered stone, may be estimated not to 
exceed thirty-five thousand dollars. To meet this, the 
present balance due from the Prison to the Common- 
wealth, of almost fourteen thousand dollars, may be made 
applicable, to which may be added the specific labor of 
a portion of the convicts upon the building, the next sea- 
son, or their earnings, if otherwise employed, which, with 
less of success than the last year, may yet be relied upon, 
for making up the sum to tiventy thousand dollars ; — and 
for the residue, a grant must be had from the treasury, 
which the future earnings of the prison may be held 
pledged to replace. This grant, however, will be expe- 
dient, in the first instance, from the consideration, that 
the prison balance results altogether, or in a great part, 
from stock on hand, which may not be converted into 
money in sufficient time for the disbursements, which 
will be required by economy in the work. 

No apology can be necessary for the particularity with 
which I have called your attention to a subject, which is 
of such high concern to religion and morals, to the char- 
acter of the Commonwealth, and the duties of its law- 
givers. 

The claim of Massachusetts upon the United States, 
for expenses incurred during the late war, that unfailing 
topic, for past years, of executive communication, remains 
yet undisposed of, with the general government. Since 
the adjournment of the last Congress, an able officer in 



GOVERNOR'S MESSAGE. • 255 

the Treasury department has been occupied in examin- 
ing the accounts, which have been presented by our 
Agent, and in arranging the items under specific and ap- 
propriate heads. But, as yet, nothing definite has been 
done towards their allowance. The subject, by reference 
of the late President, waits the leisure and the will of 
Congress. A review of the course which has been pur- 
sued, in the prosecution of the claim, and the treatment 
it has met from the national government, may be useful,' 
although it cannot fail to give occasion to expressions of 
regret, and of just complaint, on our part. 

More than ten years have now elapsed, since nearly a 
million of dollars, the treasure of the people of this Com- 
monwealth, drawn from the common fund of alV classes 
of citizens, of whatever political opinions, the cherished 
reward of patriotic services and sacrifices, by themselves 
or their fathers, in the revolutionary contest, were ex- 
pended in measures of defence to the country, against a 
public enemy, in open war. Upon a request for a remu- 
neration of these expenses by the United States, soon 
after the peace, the unfortunate and objectionable grounds 
of refusal which had been taken by the State Executive 
to a compliance with the requisitions of the President 
for the militia, were urged in opposition, even to a con- 
sideration of the claim. It was erroneously assumed, that 
every part of the services were alike exposed to the ob- 
jection of having been rendered, in denial of the consti- 
tutional power of the President, to determine the exigen- 
cy, upon which they might be required, and the applica- 
tion for payment was answered, only by an admonition, 
that the claim, except in a single inconsiderable item, 
was excluded from the recognition of the executive au- 
thority of the United States, by the principles expkined 
34 



256 GOVERNOR'S MESSAGE. 

in the official communications, which had been made to 
the Governor of Massachusetts in the progress of the 
war. Subsequent unavailing efforts were attempted 
through the delegations in Congress, from this Common- 
wealth and the State of Maine, to obtain a more favorable 
regard to the subject. When, more recently, upon a 
change in the poUtical character of the State authorities, 
a distinct and explicit disavowal of the opinions which 
had been held upon the constitutional power of the Presi- 
dent, in relation to the militia, was declared by all the 
branches of the government, a special commission was 
instituted, again to prefer the accounts for examination 
and allowance. In the mean time, in the settlement of 
the claims of other States, principles had been adopted 
by the national executive, which were directly applica- 
ble to the just right of Massachuetts to reimbursement of 
a portion of her demand. It had been established as a 
rule of allowance, that the services of the militia must 
fall under one of three heads of classification — 1st, where 
the militia were called out at the request or instance of 
an officer of the national government : — ^or 2dly, to repel 
actual invasion ; — or 3dly, under a well founded apprehen- 
sion of invasion ; having regard in these two latter cases 
to the due proportion of the number, to the exigency up- 
on which they were assembled. The representations of 
our Agents, and the auditing of a portion of the account^ 
which thereupon had been authorized by the President, 
now shew, that the services of the Fifth Division were 
clearly within the second and third of the above classes ; 
and upon the Report of the third Auditor of the treasury, 
to whom the examination had been specially referred, 
the President, on the 22d of December, 1823, in an offi- 
cial note to the Secretary of War, expressed his opinion 



GOVERNOR'S MESSAGE. 257 

" that these services were called for by the exigencies 
of the times, and were intended to repel, in many in- 
stances, actual invasion, and in the others, the troops 
were called out on well founded apprehension of it ; — 
that they were spontaneous movements of those who 
were exposed to danger, and for the purpose of self-de- 
fence." When our Agents, availing themselves of this 
favorable opinion, under instructions from the State ex- 
ecutive, were urging the payment of so much of the 
claim as resulted from these services, the President, by 
his Message of the 23d of February, 1824, distinctly re- 
peating his ov>'n convictions, that " the principles of jus- 
tice, as well as a due regard for the great interests of the 
Union, required that the claim should be acceded to, to 
the extent of the rule, by which compensation had been 
made for similar services rendered by the militia of other 
States," yet recurring to the former constitutional ques- 
tion of controversy, unexpectedly removed the whole 
subject to the consideyation and for the provision of Con- 
gress. It was here, in the House of Representatives, re- 
ferred to the enlightened Committee on Military Affairs, 
who, after much attention, and an examination of the doc- 
uments accompan34ng the Message, reported a bill to au- 
thorize the settlement and payment of the claim, upon 
the precise principles, which, without this special legis- 
lation, had governed in the settlement and satisfaction of 
the claims of other States for similar services. This bill 
was twice read and committed to a committee of the 
whole, and notwithstanding the propriety of its imme- 
diate passage was enforced by the declaration in the re- 
port of the committee, which introduced it, that " a large 
portion of the claim of Massachusetts, does not appear to 
be affected bv those constitutional difficulies, which have 



25B GOVERNORS MESSAGE 

so long, in the consideration of the Executive of the 
United States, operated as an impediment to its adjust- 
ment," it was suffered to sleep out, through two sessions, 
the existence of the Congress to which it was presented. 
The question of compensation to Massacliusetts thus re; 
mains to be entered upon anew, whenever there is op- 
portunity and a disposition to sustain it. 

The ground upon which we are now placed with the 
General Government, in relation to the Claim, can admit 
of but a single opinion of what is due to the character, 
the interest, and the rights of the State. This is a strenu- 
ous and persevering assertion, on our part, of the right to 
an investigation of each portion of the service, upon its 
independent merits, and of obligation, by the nation, to a 
prompt and impartial provision for its examination and al- 
lowance. Independent of every other consideration, that 
equal and exact justice, which the Constitution secures to 
every member of the confederacy, authorizes us to ex- 
pect and to insist, that for similar services to those, for 
which compensation has already been made to other States, 
it shall be made to this. Will it be objected to the pay- 
ment of a part, that the whole is not allowable ? The 
National Government cannot justify the right to withhold 
what is due, as an amercement for what we may have ne- 
glected. A position so offensive to the sovereignty of the 
State, has never been assumed. Admitting, therefore,! 
that to some portion of the services, for which the claim is 
exhibited, the constitutional objection shall be found to ap- 
ply, it can affect, but to that amount, the right to remunera- 
tion. So far, and to this extent only, might a forfeiture be 
incurred, by actual disloj-alty. Yet, even on this point, it is 
believed, that an examination of the evidence would 
greatly disabuse the minds of the prejudiced and the un- 



GOVERNOR'S MESSAGE. 259 

informed. It will be found that much more of the Claim 
rests upon the same acknowledged merits with the srrvi- 
ces of the Fifth Division ; and further investigation, by 
the proofs it will disclose of the spontaneous movements 
of the troops of other Divisions, and of the exertions and 
sacrifices which were generally made to defend the coun- 
try, will fully justify the remark of the late President, in 
his Message before referred to, " that the great body of 
our fellow citizens of Massachusetts were as firmly devo- 
ted to the Union, and to the pure Republican principles 
of our G;overnment, as our fellow citizens of the other 
States ; and that they were, at all times, ready and wil- 
ling to support their rights, and repel an invasion by the • 
enemy." v 

From a reasonable expectation, that provision would be 
made, by the present Congress, for the final settlement of 
the Claim, upon the principles of the Bill heretofote re- 
ported, the auditing of the accounts, which, at any time, 
must be an indispensable preliminary to payment, has not 
been intermitted. The reports of the Third Auditor of 
the Treasury to the Secretary of War, transmitted by 
our Agent at Washington, and herewith submitted, will 
show the progress which has been made in this necessary 
business. It wfU appear from these documents, and from 
the communications of the Agent, that the accounts, to 
the amount of 463,724 dollars, 65 cents, have been exami- 
ned, including the whole of the Paymaster's department, 
and so much of the subsistence, the Quarter Master's 
department, and the contingencies, as will distinctly 
present all the points of discussion which can grow out 
of the character of the services in which the expenses 
were incurred, and of the right of the State to reimburse- 



260 GOVERNOR'S MESSAGE. 

merit The Agent, having requested such instructions 
from the Executive, as would enable him, in behalf of the 
Commonwealth, '' to make such an exposition of the 
grounds of our right upon these Reports, as the State, in 
just consideration of its own dignity, ought to maintain,'' 
has been directed to those views of the subject, which it 
was believed, would be entertained by the whole govern- 
ment, under existing circumstances. The communications, 
which have been had between the Executive and the A- 
gent, will be laid before you, that you may decide what 
further measures the interests and the honor of the Com- 
monwealth require. I recommend, however, a deci- 
sive expression of your opinion, in relation to the rights 
and just expectations of the State, to enforce an appeal to 
Congress, for an immediate and effectual attention to the 
claim. 

It will be highly satisfactory to you to iearn that the 
Treasurer, without resorting to a loan, has not only been 
able to meet all the demands upon his department for the 
current expenses of the Government, but, within the year, 
to pay off the sum of thirty-nine thousand Jive hundred 
dollars^ heretofore borrowed by the State, and to have on 
hand, in cash, on the 31st of December, at night, to which 
the accounts are made up, the unusually large balance of 
eighty-six thousand four hundred and eighty-six dollars 
and twenty-five cents. At the same time, there is not ex- 
isting an outstanding debt against the Commonwealth, 
bearing interest, nor a claim of any kind, except the ba- 
lances on warrants and rolls in the Treasury, amounting 
to about twelve thousand dollars, and a small number of 
old State notes, of the nominal aggregate value of about 
three thousand dollars. But the omission, by the last Legis^ 



GOVERNOR'S MESSAGE. 261 

iatiire, to grant the customary annual tax, will sensibly di- 
minish the revenue of the ensuingyear, which, unless sup- 
plied by some immediate provision, will be greatly defi- 
cient to meet the necessary drafts upon the Treasury, in 
the administration of the Government. The money now 
on hand, will soon be absorbed in the payment of the ba- 
lances on the warrants and rolls, in the expenses of the 
present session of the Legislature, and in the ordinary and 
contingent charges of the Government. The only re- 
sources which are provided, are the bank tax, and the 
auction duties, both of which are inadequate to the usual 
requirements of the Treasury. It is worthy of serious 
consideration, how far it can be politic, in the present state 
of our fiscal concerns, and until some certain and ample 
means of revenue are otherwise created, to intermit the 
annual assessment of a tax, so inconsiderable, when com- 
pared with the wealth of the State, as not to be felt, when 
it has been imposed, and not even generally to be known, 
when it is omitted. 

The public lands, from the embarrassment to which the 
sales of some parts of them will be exposed by the inter- 
fering claims of the British Government, and the necessa- 
ry credits to be given in the contracts for other parts, can- 
not be relied upon, as affording, in any material amoun^ 
an immediate receipt of money into the Treasury — but it 
would not be difficult to point out other legitimate sources 
of revenue, to which the government might advantageously 
resort. May it not be inquired, why lotteries, and the 
sale of lottery tickets, should not be made available for 
this purpose ? The attempts to suppress them have hith- 
erto proved utterly ineffectual. Without discussing the 
object or the policy of the enactments of the Legislature, 



262 GOVERNOR'S iMESSAGE. 

to this end, is it not admonitory to their repeal, and to an 
effort more successfully to regulate the subject, to know, 
that they are totally disregarded ? It cannot but be re- 
proachful to the character of a law, that its sanctions are 
unheeded. Yet, in reference to lotteries, we daily witness, 
in despite of the severe penalties of the statutes, an undis- 
guised and notorious violation of their provisions, in the 
open commission of almost every particular act which they 
prohibit. Even the public journals, which, by authority, 
promulgate the denunciations of the Legislature against 
" any person or persons, who shall sell, or offer for sale, or 
shall advertise, or cause to be advertised, any lottery tick- 
ets, in any lottery not authorized by this Commonwealth," 
abouid in catching and turgid advertisements, by the 
venders of tickets, as repugnant to law, as in terms they 
are offensive to reason, good sentiment and sense. If 
there is any thing in public opinion, so unfavourable to 
the execution of these laws, that they cannot be enforced, 
then, inde,ed, should the dead letter be expunged from the 
Statute Book, and the wisdom of the Government be ex- 
ercised to direct, what it cannot altogether restrain. In 
this point of view, lotteries might well be granted, and the 
sale of tickets licensed, to create a fund, for the purposes 
of public improvement, and the Treasury thus be^ relieved 
from a charge for this object, already considerable in a- 
mount, and which will be continually and greatly in- 
creasing. 

May not also the duty upon licenses to retailers of spi- 
rituous liquors, wisely, be augmented ? This would ope- 
rate, indirectly, as a tax upon the consumer, and either iur- 
nish to society, in the greater means of promoting the pub- 
lic good, on other subjects, some indemnity for the disor^ 



GOVERNOR'S MESSAGE. 263 

ders, which are consequent upon the prevalent and ruin- 
ous habit of intemperance, or by discouraging the inordi- 
nate use of ardent spirits, be productive of the highest in- 
dividual benefit, and of the best general moral effect 

The cause of education and learning, can never unap- 
propriately be presented to the favourable regard of the 
representatives of a free people. Various propositions for 
its advancement, by the establishment and endowment of 
institutions for qualifying teachers of youth, for instruc- 
tion in the physical sciences, in agriculture, and in the 
whole circle of the arts, have been recently brought be- 
fore the public, and will solicit the fostering patronage of 
the Legislatui e. It can be with no gratifying reflections 
to the descendants of the pilgrim founders of the college, 
and the free schools of Massachusetts, that they find them- 
selves constrained, by the state of the finances of the Com- 
monwealth, to deny to these high objects the only effect- 
ual provision for their encouragement. Will not this hum- 
bling consideration serve as an incentive to devise some 
more ample resources for a revenue to tde State, that thus 
the solemn and imperative injunctions in the Constitution, 
upon " Legislatures and Magistrates, in all periods of the 
Commonwealth, to cherish the interests of literature and 
the sciences, and all seminaries of them, public schools 
and grammar schools in the towns, to encourage pri- 
vate societies and public institutions, rewards and immu- 
nities for the promotion of agriculture, arts, sciences, 
commerce, trade, manufactures and a natural history of 
the country," may be faithfully and efficaciously observed. 
A present appropriation and pledge of a proportion of the 
proceeds of future sales of the public lands, would, at no 
very distant day, insure a liberal fund for those objects^ 
35 



264 GOVERNOR'S MESSAGE. 

In regarding the obligations to be performed to the 
State we cannot be unmindful of what is due to the Union. 
As servants of the republic, we are bound to the discharge 
of official duties, by a two fold sacrament. The curiously 
devised system of a federative independent government, 
deriving its powers from the voluntary but restricted de- 
legation of tliem by other independent governments, re- 
taining in themselves a portion of the rights of sovereign- 
ty, has produced a division and distribution of authority, 
which is carefully to be guarded, within its appropriate; 
sphere of exercise. The confederacy of the States was 
for the common protection and defence, and for the pro- 
motion of objects strictly and essentially national. To 
these ends, the higher attributes of sovereignty were con- 
ceded to the federal government, by a solemn compact, 
which defines the limits of its prerogative, and denies all 
beyond to its power. Within the pale of the constitution 
of the United States, there can be no conflict with State 
rights. The violation of that instrument, by those whom 
the people voluntarily choose as their agents to adminis- 
ter, and who are solemnly sworn to maintain it, is never to 
be presumed. Whenever it shall come to be generally 
considered, that the government of the nation is foreign^ 
and much more especially, when it shall be treated as 
hostile^ to the interests of the individual States, the bond 
of our political union will be virtually severed, and dis- 
cord and anarchy will inevitably and speedily ensue. The 
seeds of an unfounded jealousy incautiously cast, even by 
the way side, may spring up to an abundant harvest of 
strife, contentions and divisions. It is for the security of 
republics, that the citizens should be vigilant to discern, 

and intent to repel, every advance to an encroachment up- 



\ 



GOVERNOR'S MESSAGE. 265 

on their privileges; but this is not inconsistent with a ge- 
nerous confidence in the government of their own esta- 
blishment, and over the abuses of which, in the exercise 
of an intelligent observation, they hold, at all times, a re- 
deeming control. 

LEVI LINCOLN 
Council Chamber. January 4, 1826. 



266 MESSAGE. 



CHAP. XLIll. 

To the Honorable the Senate, and 
House of Representatives ; 

I hasten to transmit the Report of the Board of Com- 
missioners for the survey of a canal route from the Har- 
bor of Boston to the Connecticut River, with the Reports^ 
plans, and estimates of the Engineer, together with an 
accompanying map of the State, on which are delineated 
the various routes which have been surveyed. These 
documents are so voluminous, that copies in duplicate, for 
the separate use of each branch of the Legislature, would 
be attended with much expense, and so great delay, as to 
defeat the object of thier communication the present ses- 
sion. I therefore have directed the Secretary to ask per- 
mission to lay the originals upon the table of the Honora- 
ble Senate. 

LEVI LINCOLN. 

Council Chamber^ January Uih^ 1825. 



CHAP. XLIV. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives 

The Commissioners under the act of Separation of 
Maine from Massachusetts, have made to me a Report of 
their further proceedings during the last session, in the 
division of the public lands. By this division, they have 
assigned and set out, by metes and bounds, to the part of 
the Commonwealth of Massachusetts 422,025 acres, and 
to the part of the State of Maine 420,488 acres, in town- 
ships and parts of townships in severalty, and have re- 
turned copies of their records, and of the surveys made 
by their direction, duly authenticated by them, to be de- 
posited in the archives of State, 



* MESSAGE. 267 

It will be perceived by the Report, that the Commis- 
sioners propose further surveys, the next season, of five 
additional ranges of townships, contiguous to those just 
now divided. The facility with which this work may be 
accomplished by the surveyors, who are in some re- 
spects, already made acquainted with the character of the 
country, and the nature of the service, from their recent 
engagement, will obviously suggest the propriety of ena- 
bling the Commissioners to exec'ute their present pur- 
pose. 

Thes€ lands are so situated as to be most saleable by 
townships, the designation and location of which can be 
made with most economy, as well as with that proper re- 
gard to arrangement and uniformity vmder this commis- 
sion, which will exclude interference of boundary lines, 
incident to surveys made by different persons, and at dis- 
tant periods of time. The appropriation by the third sec- 
tion of the act of the 29th of January, 1822, having been 
exhausted, it becomes necessary that further provision 
should be made to discharge the balance of expenses 
already incurred, and to meet the necessary charges in 
the execution of the further duties of the commission 
which I recommend should be immediately done. The 
drafts of the Commissioners, for the surveys of the last 
year, exceed the amount of the contingent fund originally 
granted, by about eight hundred dollars, the various ac- 
counts which have been examined and settled, from time 
to time, by the executive government of this Common- 
wealth, and of the State of Maine, have been altogether 
satisfactory, and shew that the money has been usefully 
and properly expended, and faithfully and fully accounted 
for. 

A copy of the Report made to me by the Commis- 
sioners is herewith transmitted to each branch of the Le- 
gislature. Copies of these records and surveys, authen- 
ticated, as is required by the act of separation, with the 
plans and field-books, I have caused to be deposited in 
the office of the Secretary of State. 

LEVI LINCOLN 

Council Chamber, January 13, 1826. 



368 DAVID REED.— MESS AGE. 



CHAP. XLV. 

Resolve on Petition of David Reed. 
January 20, 1826. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to David Reed, of New- 
buryport, in the county of Essex, the sum of one hun- 
dred dollars, in full for all damages and injuries suffered 
by said Reed, in consequence of a wound in his knee, re- 
ceived in the regular discharge of his militia duty. 

Resolved, That his Excellency the Governor be re- 
quested, and he is hereby authorized to draw his war- 
rant on the Treasury for the said sum of one hundred 
dollars as above recited. 



CHAP. XLVI. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

At the request of the executive of the State of Tennes- 
see, I lay before the Legislature a proposed Amendment to 
the Constitution of the United States, providing for the 
election of President and Vice President, immediately by 
the people. 

I also transmit, for the notice and information of the 
Legislature, sundry resolutions of the General Assembly 
of the State of Vermont, upon the subject of slavery. 
The propositions embraced in these latter Resolutions 
were passed upon, at the last session, in disposing of sim- 
ilar communications from several other of the States. 

LEVI LINCOLN 

Council Chamber, January 20, 1826. 



BUNK. HILL.— BRIDGE FROM BELLIS. 269 



• 



CHAP. XL VII. 

Resolve extending the time for the surviving officers and 
soldiers of the Battle of Bunker Hill to obtain the sum 
allowed them for their attendance at the late celebration 
of that event, on the 11 th of June last. 
January 26, 1826. 

Resolved, That the acting Quarter Master General be 
directed to extend the provisions of a Resolution of June 
16, 1825, granting an allowance to the officers and sol- 
diers who were in the battle of Bunker's Hill on the 17th 
of June, A. D, 1775, to such as may give satisfactory evi- 
dence to the acting Quarter Ma'iter General, on or before 
the seventeenth day of June next, of their having been 
in said battle, and who attended the celebration of the 
anniversary of said battle on the seventeenth day of June, 
1825. 

Resolved, That his Excellency the Governor, with 
advice of Council, be authorized and requested to draw 
his warrant on the Treasury, for the amount of the roll 
which shall be made out for the payment of any officers 
or soldiers, agreeably to the last Resolve in favor of the 
Adjutant General ; and that the Adjutant General pay 
out the same agreeably to said roll. 



CHAP. XL VIII. 

Resolve directing the Solicitor General to institute proper 

process against the proprietors of a bridge from Bellisle 

to Chelsea. 

January 26, 1826. 

The Committee appointed, at the last session of the 
General Court, on the Memorial of the town of Chelsea, 



27U PROVINCETOWN HARBOUR. 

in relation to a bridge from said town to Belle Island, have 
viewed the premises, heard the parties, and ask leave to 

Report, That said bridge appears to be built in conform- 
ity to the act of incorporation, but it is, nevertheless, a cause 
of serious inconvenience and injury to the inhabitants of 
said town, in consequence of the draw not being suffi- 
ciently wide to permit the free passage of such vessels as 
have heretofore been employed by the inhabitants of said 
town. It was alleged, by the complainants, that the pro- 
prietor of said bridge has not conformed to the provisions 
of the act of incorporation, in relation to the opening of 
the draw for vessels to pass through, but your committee 
are of opinion, that the investigation of the truth of these 
allegations should be made before a judicial tribunal : 

Wherefore, — The said Committee report the following 
Resolve, all which is submitted. 

JACOB HALL, Chairman. 

Resolved, That the Solicitor General be instructed to 
commence proper process, in the Supreme Judicial Court, 
to ascertain whether the proprietors of the bridge, from 
Belle Island to Chelsea, have forfeited their right to main= 
tain the same, or such other process as the nature of the 
complaint of the Selectmen of the town of Chelsea, set 
forth in their petition, may, in his opinion, render neces- 
sarv. 



CHAP. XLIX. 

Resolve respecting Provincetown Harbour. 
January 28, 1826. 

Resolved, That the Senators of this Commonwealth, in 
the Congress of the United States, be, and they hereby 
are, instructed, and the Representatives requested, to use 
their endeavours to procure an appro])riation, by Con- 
gress, for the purpose of preventing the destruction of 
Provincetown Harbour, in this Commonwealth. 



DANIEL PARKMAN. 271 

Resolved^ That His Excellency the Governor, be, and 
he hereby is, requested to transmit to each of the Sena- 
tors and Representatives of this Commonwealth, in Con- 
gress, a copy of the foregoing Resolution, and of the re- 
port of Zabdiel Sampson and Nymphas Marston, Esq's, 
Commissioners, in relation to Provincetown Harbor. 



CHAP. L. 

Resolve on the Petition of Daniel Parkman^ 
February 7, 1826. 

Upon the petition of Daniel Parkman, praying for leave 
to carry into effect a proposed exchange of land with his 
minor son, Edward Blake Parkman ; and that a commis- 
sioner be appointed to make the said exchange, if he shall 
be satisfied that it is for the interest of the said minor to 
complete the same. 

Resolved, by the Sefiate and House of Representatives 
in General Court assembled, and by the authority of the 
same, That the Hon. Joseph Tilden be, and he hereby is, 
appointed a commissioner, for the purposes aforesaid, and 
that he be duly licensed and empowered, if he shall see 
fit, to execute and pass deeds to convey to the said Daniel 
Parkman, a small strip or parcel of land, now the property 
of the said Edward B. Parkman, bounded southerly on Cen- 
tral Street, in the City of Boston, and there measuring seven 
feet and two inches, or thereabout, westerly and north- 
erly by land of the said Daniel Parkman, and easterly by- 
land of the said Edward B. Parkman, and by the centre of 
a partition wall lately erected, partly on land of said Da- 
niel Parkman, and partly on land of the said Edward B. 
Parkman ; — and to receive, in exchange therefor, for, and 
in behalf of the said minor, a conveyance, from the said 
petitioner, of a certain other piece or parcel of land, 
bounded northerly by the centre of the passage way lead- 
ing from Kilby Street, easterly by the centre of a partition 
36 



272 DEAF AJVD DUMB.—JAMES GREENWOOD. 

wall, and by land of Jeremiah Fitch, southerly by lanci 
of the said Edward Blake Parkman, and westerly by the 
centre of a partition wall and by other land of the said 
Daniel Parkman. And the deed of the said Joseph Tilden 
shall be valid and sufficient in law, to pass the title and 
estate of said minor, in the premises above described. 



CHAP. LI. 

Resolve Jor the support of certain Deaf and Dumb Persons, 
at the Asylum in Hartford, Connecticut. 

February?, 1826. 

Resolved^ That Jarvis Westcoat, of Cheshire, in the coun- 
ty of Berkshire, Nanc}^ Going of Boston, and Augustus Ful- 
ler, of Deerfield, be placed upon the list of persons supported 
by this Commonwealth, at the Deaf and Dumb Asylum at 
Hartford, agreeably to the provisions of a Resolve provi- 
ding for the support of a certain number of deaf and dumb 
persons. 



CHAP. LII. 

Resolve on the petition of James Greenwood' 
February 7, 1826. 

On the petition of James Greenwood, of Brighton, in 
the county of Middlesex, as he is guardian of Charles 
Shed, a minor, son of Charles Shed, late of said Brighton, 
deceased, setting forth, that the said Charles Shed, the 
father, during his life, to wit : on the fifth day of April, 
A. D. 1822, purchased of two of the heirs at law of Tho- 
mas Cook, deceased, two undivided third parts of a cer- 



JAMES GREENWOOD. 273 

tain piece of land in said Bi-igliton, being formerly the 
homestead of said Cook, containing two and a quarter 
acres, with a house and other buildings thereon, and at the 
same time contracted by deed with Sarah Cook, guardian 
of John Cook, a minor, the other heir of said Thomas, 
for the purchase of the other undivided third part of said 
estate, for the consideration of three hundred and fifty- 
five dollars and fifty-six cents, to be conveyed by said 
John, when he attained to full age ; that before that event, 
said Charles Shed, the father, died, leaving his son 
Charles, the minor aforesaid, his sole heir at law, to 
whom the two-thirds of said estate have descended, and 
to whom it would be beneficial, to acquire the title of the 
other third, as contracted for by his father. That he has 
some personal estate, which may be advantageously in- 
vested in said purchase, and said John Cook, who has 
now arrived at full age, is willing to convey the same, ac- 
cording to the said contract : the said guardian praying 
to be authorized by the Legislature, to apply said minor's 
personal estate in said purchase. 

Resolved^ That the said guardian be, and he is hereby 
authorized and empow ered to apply all or any part of the 
personal estate of his ward, the said Charles Shed, not 
exceeding the said sum of three hundred and fifty-five 
dollars and fifty-six cents, in the purchase of the said un- 
divided third part of said estate, and to take a conveyance 
thereof from said John Cook to said Charles, by good 
and sufficient deed ; and the personal estate so applied 
and invested, shall be allowed to said Greenwood, in the 
settlement of the account of his guardianship : Provided, 
that a copy of this resolve be filed in the Registry of Pro- 
bate for said county of Middlesex, with the certificate of 
the Judge of Probate for said county, approving the ap- 
plication and investment of said minor's personal estate, 
as authorized by said Resolve, endorsed thereon. 



274 MESSAGE. 



CHAP. LIIL 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives. 

The accompanying copies of documents, transmitted to 
me by his Excellency Governor Parris, haVe relation to 
a subject of" common interest to this Commonwealth and 
the State of Maine, and contain propositions, on the part 
efthe latter government, for collecting and preserving 
the evidence of the extent of our right of property in the 
public lands, upon the northeastern boundary, and for 
ascertaining the true line of division ])etween the United 
States and the British possessions, as intended by the 
treaty of 1783. 

The second Resolution of the Legislature of the State 
of Maine contemplates the concurrence of this Common- 
wealth, in measures for exploring the country upon the 
eastern and northern lines of that State, for the purpose 
of ascertaining the monuments which were erected to de- 
fine the boundary, and to assist in maintaining more ef- 
fectually our just claim against the pretensions of the 
British government. No doubt can be entertained of the 
utility of such an examination and survey of the country, 
unless, indeed, all its probable results have been antici- 
pated, by the investigations of the commission under the 
fifth article of the treaty of Ghent, of which I am not 
advised. But, in transmitting the proposition for the 
consideration of the Legislature, involving, as it does, no 
inconsiderable expense in its proper execution, I feel it 
my duty to suggest the enquiry, how far it may devolve 
upon the national government to direct this service, and 
to take every other necessary mean to preserve, with the 
inviolability of their own sovereignty, the integrity of the 
territory of the individual States. It seems to me to be 
strictly and very clearly within the obligation of the Uni- 
ted States, to cause the necessary enquiries to be made, 
and to -protect, for us. those interests and rights, which 
are the object of the Resolution, against surrender or sa- 
crifice, as the result either of indifference, or want of re- 



BOUNDARY LINE. 275 

qiiisite information upon the subject. I cannot, therefore, 
permit myself to doubt, that the national executive will 
adopt all seasonable and necessary measures to this end, 
and that the Commonwealth may safely rely upon this 
assurance, without voluntarily and gratuitously resorting 
to the expensive procedure proposed by our sister State. 
At least, it may be prudent to wait the result of any 
representation for the purpose, which may be made to 
the President of the United States. 

LEVI LINCOLN. 

Council Chamber J February Ti 1826. 



CHAP. LIV. 

Resolve relating to the Boundary Line between Massachu- 
setts and Connecticut. 

February 9, 1826. 

The Committee to whom was referred so much of the 
Governor's Message as relates to the boundary line be- 
tween this Commonwealth and the State of Connecticut, 
have attended to the duty assigned them, and ask leave re- 
spectfully to Report, 

That, as Commissioners have already been appointed 
by the two States to settle the boundary line east of Con- 
necticut River, the Committee did not consider it neces- 
sary to make any investigation in relation to that part of 
the line in dispute, but confined their inquiries to a gore 
of land in the town of Southwick, projecting south of the 
general course of the line of division between the two go- 
vernments. 

From the documents referred to the Committee, and 
from an examination of sundry papers in the Secretary's 
Office, and from the Laws and Resolves of the General 
Court, the following statement of facts is clearly esta- 
blished. 

This tract of territory was early claimed by Massachu- 



2>76 BOUNDARY LINE. 

setts, as being within tlieir chartered limits. The line of 
the State was run, by Woodward and Saffery, in 1642, as 
far west as Connecticut River. But disputes arising, re- 
specting that line, in 1713, Commissioners, with full and 
ample powers, were appointed by both governments, to 
fix and ascertain the principles by which the running of 
the line should be governed. These Commissioners most 
fully and explicitly agreed, that in case the towns of 
Woodstock, Enfield, Suffield and Westfield, or any part 
of them, should, upon running the line, fall south thereof, 
they should still belong to Massachusetts, and certain 
other towns, if they lay north of the line, should belong 
to Connecticut ; and the government so retaining lands be- 
yond the line, should pay an equivalent. This agreement 
was ratified by both governments. As tlie line was then 
run, Enfield, Suffield, Woodstock, and a part of West- 
field, (now Southwick) lay south of it ; Connecticut claim- 
ed and received a grant of land, equivalent thereto, from 
Massachusetts, which was afterwards sold, and the proceeds 
of the sale, were, in part, appropriated to Yale College. 
Massachusetts, as she had always before done, still contin- 
ued peaceably to exercise jurisdiction, over the whole of 
the towns, for many years, and over this particular tract 
of country till the commencement of the Revolution. In 
1774, some of the persons living in Southwick, south of 
the line, claimed to belons^ to Connecticut, and a Resolve 
of the General Assembly of that State, was passed for re- 
ceiving them. Jurisdiction was also claimed and exercised 
by Massachusetts. In 1791, the Legislature of Massachu- 
setts passed mi act, appointing Commissioners to ascertain 
the boundary line. These Commissioners having declined, 
a Resolve was passed January 28, 1801, appointing George 
Bliss, Timothy Bigelow and John Hooker, Commissioners 
for that purpose. These Commissioners were met by 
others, appointed by the State of Connecticut. It appears, 
by the Report of the Commissioners, made May 31, 1802, 
that they were not able to settle the line between the 
towns of Southwick, on the part of this Commonwealth, 
and Suffield and Granby, on the part of Connecticut ; but 
the Commissioners, on the part of Massachusetts, made 
proposals to compromise the differences existing between 



BOUNDARY LINE 277 

the two governments, relative to the boundary line be- 
tween the towns aforesaid. These proposals were not ac- 
ceded to by the Commissioners on the part of the State of 
Connecticut. In February, 1803, a Resolve was passed, 
by the Legislature of this Commonwealth, by which the 
Governor was authorized to propose to the Executive of 
the State of Connecticut, a compromise of the then exist- 
ing dispute, agreeably to the proposals made by the Com- 
missioners ; and if the same should not be acceded to by 
the State of Connecticut, to propose a reference of the 
dispute to three referees, to be appointed by the Govern- 
ors of the two States. In May, 1803, the General Assem- 
bly of Connecticut passed a Resolve ?icceditig to the pro- 
position made by Massachusetts, and appointed Commis- 
sioners to complete the running and demarcation of the 
line. The running and demarcation was completed in the 
autumn of that year, and durable monuments were erect- 
ed, at different places, effectually to prevent future mis- 
takes and disputes respecting the same. 

It might reasonably have been expected, that the 
boundary line, thus established, would never again be 
disturbed ; but in May last, the General Assembly of Con- 
necticut passed a Resolve, authorizing the Governor of 
that State to correspond with the Executive of this Com- 
monwealth, in relation to the recession of this territory. 
It does not appear, from the Resolve last mentioned, that 
the State of Connecticut claims any right to this territory ; 
but they were induced to this interference by the memo- 
rial of Roger Moore and others, resident in that part of 
Southwick. 

Since the commencement of the present session of the 
General Court, a petition has been presented, signed by 
Roger Moore, and thirteen others, praying " that this gore 
of land, on which they reside, may be restored to the State 
of Connecticut." 

Against this petition a remonstrance has also been pre- 
sented, signed by Eli L. Moore, and thirty-seven otheus, 
in which the remonstrants say, " that they are satisfied 
with the Town, County and State, to which they belong." 

From an attentive examination of the subject, the Com- 
mittee are of opinion, that the boundary line, as establish- 



278 BOUNDARY LINE. 

ed in 1803, was settled upon terms favourable to the State 
of Connecticut, that that State has not, since, and does 
not, now, make an}^ claim to this territory ; and that a 
great portion of the inhabitants residing; thereon are well 
satisfied with tl^eir present situation. The Committee are 
also decidedly of opinion, that the line of the States should 
not be varied to meet the wishes of a few individuals, 
whose disaffection may arise from local and transient causes. 
In support of the correctness of this remark, the papers 
examined by the Committee, afford a strong illustration. 
It appears, that in May, 1802, (while the negotiation be- 
tween the two States was pending,) Roger Moore and 
thirty-two others, who then resided upon this territory, 
petitioned the General Assembly of Connecticut, to be re- 
stored to Massachusetts. In that petition, after stating 
the reasons why the territory should be restored, the pe- 
titioners proceed to say, " Since we became inhabitants of 
Suffteld and Granby, we have experienced a variety of 
evils and inconvenience, resulting from our local situation, 
which will be removed by being annexed to the town of 
Southwick. We attend divine worship, bury our dead, 
and in fine do almost the whole of our business in said 
town. We therefore pray that your petitioners may be 
again restored to the Commonwealth of Massachusetts^" 
Roger Moore, who signed the petition last mentioned, 
praying to be restored to Massachusetts, is the same per- 
son first named in the petition recently presented to this 
General Court, praying to be restored to the State of Con* 
necticut. 

From a full examination of the facts, in relation to this 
subject, the Committee recommend the passing of the fol- 
lowing resolutions. 

All which is respectfully submitted, by order of the 
Committee. 

JOHN MILLS, Chairman. 

Resolved, That i» the opinion of this Legislature, the 
line of jurisdiction between the Commonwealth of Massa- 
chusetts and the State of Connecticut, west of Connecti- 
cut River, was, in the year of our Lord, 1803, mutually, 
formally and equitably settled, by Commissioners, appoint- 
ed by both governments, and solemnly ratified and con- 



MESSAGE. 279 

firmed by the same ; and that it is not necessary or expe- 
dient that any further negotiation should be had upon that 
subject. 

Resolved, That His Excellency the Governor of this 
State be requested to transmit a copy of these Resolu- 
tions to the Executive of the State of Connecticut. 



CHAP. LV. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives. 

I herewith transmit, for the information of the Legisla- 
ture, copies of sundry communications, of recent date, on 
the subject of the Massachusetts claim. 

I also avail myself of the opportunity to submit, for 
your especial notice and consideration, a copy of a letter 
from the honorable George Sullivan, under date of the 
2Mh of June last, addressed to myself, and enclosing an 
original letter to him from the third Auditor of the 
Treasury, which is also herewith transmitted, and a copy 
of another letter from the honorable 31r. Sullivan, under 
date of the \lth of August last, addressed to the Secre- 
tary of the Commonwealth, by all which, in connection 
with the letter of Mr. Sullivan of the 27th of October 
last, published with my answer of the 7th of November, 
by order of the honorable Senate, you will learn, how 
much information was communicated to me of the person- 
al merits, services, and " proceedings" of the late Agent, 
during the vacation, from June to the commencement of 
the present session of the Legislature. 

LEVI LINCOLN. 

Council Chamber, February 9, 1826. 
37 



280 MESSAGE. 



CHAP. LVI 



Gentlemen of the Senate, and 

Gentlemen of the Haiise of Representatives. 

Pursuant to a Resolve of the Legislature, " on the sub- 
ject of painting and repairing the State House," passed 
on the 18th of June last, the Treasurer and Secretary of 
the Commonwealth were appointed Agents, to provide 
for and superintend the execution of the work, under 
such instructions as they might receive, from time to time, 
from the Executive. The designation of these gentlemen 
was not only recommended by their qualifications, and 
the high responsibility of their character, but also by the 
convenience of their situation and considerations of econ- 
omy in their employment, in preference to the distinct 
agency of others, who would expect higher compensa- 
tion for their more exclusive attention to the service. 

The precise and careful Report of the Agents to the 
Executive, a copy of which is herewith transmitted to 
ear h branch of the Legislature, will show the manner in 
which the work has been executed, and the expense with 
which it has been attended. The accounts have been 
examined and approved by the honorable Council. The 
result is a small deficiency in the appropriation to meet 
the expenditures already incurred. To provide for this, 
and also to complete the arrangement of the grounds, 
and those repairs and alteration** of the fences about the 
yard, which their present state of decay, and a proper 
regard to appearances seem to render necessary, a fur- 
ther appropriation will be required, to which I respect- 
fully ask the attention of the Legislature. 

LEVI LINCOLN. 

Council Chamber^ February 10, 1826. 



WINDSOR & SAVOY.—SILAS SMITH. 281 



CHAP. LVIL 

Resolve to confirm the doings of a Committee to locate a 
highway in Windsor and Savoy, in the county of Berk- 
shire. February 14, 1826. 

On the petition of Nehemiah Richards and others, to 
confirm the doings of a locating Committee. 

Resolved, That, for reasons set forth in said petition, 
the report of Rodman Hazard, Turner Turrill, Joseph 
Merrick, John Chamberlain, and Cyrus Stowell, a com- 
mittee appointed by the Court of Sessions, in the county 
of Berkshire, to locate the highway aforesaid, be, and the 
same is hereby rendered valid and good in law, the omis- 
sion of their seals to their report to the contrary not- 
withstanding. 

Resolved, That the Court of Sessions aforesaid are 
hereby authorized to receive and accept the report ac- 
cordingly. 



CHAP. LVIII. 

Resolve on petition of Silas Smith. 
February 15, 1826. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Silas Smith, of Buck- 
land, the sum of thirty dollars, to defray the expenses he 
has sustained by exhibiting to the inspection of the mem- 
bers of the Legislature, the model of a machine for 
raising boats on canals; and that the Governor, with the 
advice of the Council, be requested to draw his warrant 
on the Treasury for the sum aforesaid. 



282 LEVI. H ALLEN, 

CHAP. LIX. 

Resolve on the petition of Lydia Mien, Guardian of Levi 

Hearsey Jlllen. 

February 16, 1826. 

On the petition of Lydia Allen, guardian of Levi Hear- 
sey Allen, a spendthrift, praying that some suitable per- 
son may be authorized and empowered to sell and con- 
vey certain real estate of ner said ward ; 

Resolved, That Ebenezer Billings, of the city of Boston, 
in the county of Suffolk, merchant, be, and he hereby is, 
duly authorized and empowered, to sell, either at pub- 
lic or private sale, as he shall think best, and to pass 
good and sufficient deed or deeds to convey, all the right, 
title, and interest of Levi Hearsey Allen, a spendthrift, 
under the guardianship of Lydia Allen, his mother, widow, 
in and to certain real estate which descended to him from 
his late brother, Joseph Allen, deceased, situated on the 
south side of Winter street, in said Boston, with the 
house and out-buildings thereon standing, being the same 
estate which was conveyed to said Joseph Allen, by 
deed, from Ebenezer Baker, dated December thirteenth, 
eighteen hundred and four: Provided, the said Ebenezer 
Billings first give bond to the Judge of Probate for the 
county of Suffolk, with sufficient surety or sureties, to 
account for the proceeds of said sale according to law : 
£nd provided further, that the said Judge of Probate 
shall first approve of the said sale, and of all proceedings 
to take place under this act. 



E. F. ALLEN. 283 



CHAP. LX. 

Resolve on the Petition^of Jonathan Simonds, Guardian of 
Edward Foster Allen. 

February 16, 1826. 

On the petition of Jonathan Simonds, Guardian of Ed- 
ward Foster Allen, a spendthrift, for license to sell certain 
real estate of his said, ward : 

Resolved, That Jonathan Simonds, of the city of Bos- 
ton, in the County of Suffolk, gentleman, as he is Guard- 
ian of Edward Foster Allen, a spendthrift, be, and he here- 
by is, duly authorized and empowered to sell, either at 
public or private sale, as he shall think best, and to pass 
good and sufficient deed, or deeds, to convey, all the right, 
title and interest of his said ward, in and to certain real 
estate which descended to him from his late brother, Jo- 
seph Allen, deceased, situated on the south side of Winter 
Street, in said Boston, being the same estate which was 
conveyed to said Joseph Allen, by deed from Ebenezer 
Baker, dated December thirteenth, eighteen hundred and 
four : Provided, the said Guardian first give bond, with 
sufficient surety or sureties, to the Judge of Probate, for 
the county of Suffolk, to account for the proceeds of said 
sale, according to law ; and provided further, that the 
said Judge of Probate shall first approve of said sale, and 
of all proceedings to take place under this act 



•284 OV. POOR, S. HAD.— PRIVATE GRANTEES 



CHAP. LXI. 

Resolve on the Petition of the Overseers of the Poor of 

South Hadley. 

February 16, 1826. 

Resolved^ For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth, the sum of twenty-one dollars and fifty 
cents, to said town of South Hadley ; and his Excellency 
the Governor be, and he hereby is, authorized to draw 
his warrant for said sum. 



CHAP. LXH. 

Resolve allowing further time for the Private Grantees and 
Purchasers of the Lands of this Commonwealth to comply 
ivith the conditions of their purchase. 

February 18, 1826. 

Resolved, That the further time of four years, from and 
after the first day of June next, be allowed to all private 
Grantees and Purchasers of the Lands of this Common- 
wealth ; and four years to Colleges, Academies, Medical 
Societies, and other public institutions, which continue to 
hold, an interest in their original grants, to enable them 
to^fulfil the condition of said grants, by placing on the lands 
the stipulated number of settlers ; the incorporation of 
a Township shall be considered as sufficient evidence that 
the settling duties required have been performed. 



AARON ARMS.— MESSAGE. 285 



CHAP. LXIII. 

Resolve upon the petition of Aaron •Srms, Administrator on 
the estate of Simon Robinson, late of Deerfield, in the 
County of Franklin, deceased. 

February 20, 1826. 

Whereas, the Faid Aaron has, by his petition to the Le- 
gislature, represented, that he is Administrator, as afore- 
said ; that said estate amounts to one hundred dollars fifty 
cents, and no more ; that there are doubts as to the legiti- 
macy of the said Simon Robinson ; that the reputed mo- 
ther of the said Simon Robinson is poor, aged, infirm, and 
incapable of supporting herself ; that said sum of one hun- 
dred dollars and fifty cents has, by reason of various ex- 
penses and disbursements, been reduced to one half of 
that sum, 

Therefore Resolved, That this Commonwealth do here- 
by relinquish all claim to the said estate which might ac- 
crue by escheat ; and that the said Aaron Arms be author- 
ized to apply the said estate to the support of the said 
Esther Robinson : Provided, there be no just and legal 
claims to the same. 



CHAP. LXIV. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

I herewith communicate a letter from His Excellency 
Governor Parris, together with copies of sundry Resolu- 
tions of the Legislature of the State of Maine, transmitted 
by him, relating to proposed measures for " internal im- 
provement," by opening and making passable certain roads. 



^86 URIAH GARDNER.— PUNKAPOG INDIANS. 

through the public lands, within the territory of that State, 
and in which measures, you will perceive, by the papers, 
that the concurrence and co-operation of this Commoij- 
wealth is particularly requested. 

LEVI LINCOLN. 

Council Chamber J February 21, 1826. 



CHAP. LXV. 

Resolve in favour of Uriah Gardner, Esquire. 
February 21, 1826. 

Resolved, That there be paid, out of the public Treasu- 
ry, to Uriah Gardner, Esq. Sheriff of the County of Nan- 
tucket, the sum of forty-two dollars and forty-six cents, for 
returning votes for Governor, Lieutenant [Governor] and 
Senator, for the years eighteen hundred and twenty-two 
and three, and for returning votes for Representatives to 
Congress, for the year eighteen hundred and twenty-two. 



CHAP. LXVI. 

Resolve authorizing Thomas French to take charge of the 
Punkapog Tribe of Indians, in the towns of Stoiighton 
and Canton. 

February 21, 1826. 

Whereas, Jabez Talbot, by a Resolve passed Feb. 14, 
A. D. 1798, was appointed guardian to the Punkapog tribe 
of Indians, within the towns of Stoughton and Canton, 
which appointment the said Talbot did not accept ; and 



- MASS^.CLAIM. 287 

whereas Joseph Be mis, by a jResolve pasjfed March 1> 
A. D. 1800, was appointed to the same trust, but has since 
deceased, therefore,^ 

Resolved, That Thomas French be, and he hereby is, 
appointed successor to the said Bemis, as guardian to the 
said tribe of Indians, and is vested with all the powers, and 
required to observe all the directions, which were vested 
in, and required of, the said Talbot and Bemis, by the Re- 
solves aforesaid. 



CHAP. LXVII. 

Resolve relating to the Claim of this Commonioealth on 
the General Government. 

February 21, 1826. 

Resolved, That this Legislature concurs in the senti- 
ments expressed b}' his Excellency the Governor, in his 
Message respecting the Massachusetts Claim ; and feels 
the greatest confidence, that he will exercise the powers 
heretofore delegated to him by the Legislature on the 
subject, so as best to protect the rights and maintain the 
dignity of this Commonwealth. 

Resolved, That the present state of the Massachusetts 
Claim requires the immediate attention of the Senators 
and Representatives of this Commonwealth in Congress, 
and that his Excellency the Governor be. requested to 
communicate this opinion of the Legislature in such man- 
ner as he shall judge best. 
38 



288 WILLIAM STOKES & OTHERS. 

CHAR LXVIII. 

Resolve on the petilion of William Stokes and others. 
February 21, 1826. 

On the petition of William Stokes, of Exeter, in the 
county of Devon, man mercer, William Golsworthy, of 
Woodbury, in the diocese of Exeter, and Hannah, his 
wife, in her right, Benjamin Osborn, of Woodbury, in the 
said county of Devon, and Mary, his wife, in her right, 
John Stokes, of Topsham, in said county of Devon, ship 
builder, Catherine Elson and Susannah Madge, of said 
Topsham, widow, in the United Kingdom of Great Britain 
and Ireland, stating therein that they had made their pe- 
tition to the honorable Legislature at the May session 
thereof, A. D. 1824, representing that they were the only 
heirs at law of one Rebecca Munjoy, late of Boston, de- 
ceased, and that she died seized and possessed of the fol- 
lowing described real estate, to wit : — one undivided moie- 
ty of a certain messuage in Charlestown, in said Com- 
monwealth, containing about four acres, situated near the 
mill dam; and bounded northerly on land of Nathaniel 
Austin, easterly on the main street, southerly on land of 
the town of Charlestown, and westerly on the salt water 
creek ; and that, upon their said petition, the honorable 
Legislature made and passed a Resolve bearing date the 
14th day of February, A. D. 1825, and did therein and 
thereby grant, remise, release, and forever quit claim unto 
the said petitioners, their heirs and assigns, all the right, 
title, and interest which the said Commonwealth had in 
the premises aforesaid, being the same whereof one Re- 
becca Munjoy died seized, and which the said Common- 
wealth claimed under a judgment on an inquest of office 
found therein, alleging that the same had escheated to the 
said Commonwealth for want of heirs ; and petitioners 
allege, that since the passing of said Resolve, they have 
ascertained that the said Commonwealth, on the twenty- 
third day of April, A. D. 1803, by their agents duly autho- 
rized, did sell, and convey, by deed of that date, the afore- 



EDITH GILLETT. 289 

said premises, to the proprietors of the Middlesex Canal 
Corporation, and did then and there receive for the same 
the sum of eighteen hundred and fifty dollars, and pray- 
ing that the said sum received as aforesaid, together with 
the lawful interest thereon, may be allowed and paid by 
the said Commonwealth to them. 

Resolved^ For the reasons set forth in said petition, 
that there be paid out of the Treasury of the Common- 
wealth to the said petitioners, the sum of eighteen hun- 
dred and fifty dollars, being the amount received as afore- 
said by the Commonwealth, in full compensation for all 
the right, title, and interest which the petitioners have in 
and unto the aforesaid premises, by virtue of the afore- 
said Resolve. 



CHAP. LXIX. 

Resolve on Petition of Edith Gillett, 
February 21, 1826. 

Upon the petition of Edith Gillett, of South Hadley, in 
the county of Hampshire, one of the executors of the last 
will and testament of Daniel Gillett, jun. late of said 
South Hadley, deceased, and guardian of his four minor 
children, for reasons set forth in said petition, 

Resolved, That the said Edith Gillett be, and she here- 
by is authorized and empowered, by good and sufficient 
deed, to convey to Ariel Cooley, of Springfield, in the 
county of Hampshire, surviving co-partner of the said 
Daniel Gillett, jun. all the right, title, and interest, which 
he the said Daniel, jun. had to and in the real estate 
which he and his said co-partner, and he and his said 
co-partner and the other heirs of Ariel Cooley, late of 
said South Hadley, deceased, held, as tenants in com- 
mon, at the time of said Daniel junior's death ; and also a 
certain other piece of land, sixty feet in length and forty 



290 BRIDG. ACAD.-^CANAL. COM. 

feet in breadth, situate in said South Hadley, near the 
locks and canals, being the same land which the said 
Daniel jun. purchased of Ariel Cooley, late of said South 
Hadley, deceased : Provided., satisfactory proof be made, 
before the Judge of Probate of the county of Hampshire, 
of the facts set forth in said petition : ^nd provided also, 
that the said Judge of Probate shall approve of the con- 
veyances made, and of all proceedings whatever under 
this Resolve. 



/ CHAP. LXX. 

Resolve on the petition of the Trustees of Bridgewater 

Academy. 

February 22, 1826. 

Resolved, On the petition of the Trustees of Bridge- 
water Academy, and for the reasons set forth in said peti- 
tion, that there be paid to said Trustees, out of the Trea- 
sury of this Commonwealth, for the use of said Academy, 
the sura of three hundred and fifty dollars, and that his 
Excellency the Governor, by and with the advice of 
Council, be, and he hereby is, authorized to draw his war- 
rant on the Treasuruer for said sum. 



CHAP. LXXI. 

Resolve for distributing the copies of the Report of the 
Canal Commissioners. / 

February 23, 1826. 

Resolved, That the copies of the Report of the Com- 
missioners of this Commonwealth on Canals, &c. printed 



CANAL COM. 291 

for the use of the Legislature, be delivered to the Secre- 
tary of the Commonwealth, and by him distributed as 

follows, viz : — 

One copy to each member of the Senate and House of 
Representatives ; 

One copy to each member of the Council ; 

Twelve copies to his Excellency the Governor ; 

Twelve copies to each of the Commissioners and the En- 
gineer ; 

One copy to the city of Boston, and to each of the towns 
in this Commonwealth ; 

One copy to each of the Senators and Representatives of 
this Commonwealth in the Congress of the United 
States; 

Twelve copies to be deposited in the Library of the Con- 
gress of the United States ; 

Two copies to the Boston Athseneum, one copy to the 
Athaeneum in Salem, and one to the Athaeneum in 
Newburyport ; 

Two copies each to the Massachusetts Historical Society, 
the American Antiquarian Society, and the Pilgrim So- 
ciety at Plymouth ; 
One copy to each of the Chaplains, and to each of the 
Clerks of the two branches of the Legislature, and one 
copy to each University and College within this Com- 
monwealth ; 

That one hundred copies be reserved for the future dis- 
position of the Legislature. That the remaining copies 
be so distributed as his Excellency the Governor may 
direct. 



292 Hon. ELIHU LYMAN— DEAF & DUMB. 



CHAP. LXXH. 

Resolve to pay the expenses of the last sickness and June- 
ral of the Hon. Elihu Lyman, a member of the Senate. 

February 23, 1826. 

Resolved^ That the sum of one hundred thirty-nine dol- 
lars and seventy-five cents be paid, out of the Treasury of 
this Commonwealth, to Mr. Jacob Kuhn, messenger of 
the General Court, in order to defray the expenses of the 
last sickness and funeral of Hon. Elihu Lyman, late a 
member of the Senate — said Kuhn to account therefor ; 
and his Excellency the Governor, by and with the advice 
of Council, be requested to draw his warrant for that sum 
on the Treasurer. 



CHAP. LXXHL 

Resolve for the support of a deaf and dumb child at the 
Asylum in Hartford, Connecticut. 

February 23, 1826. 

Resolved, That Benjamin F. Perkins, of Newburyport, 
be placed upon the list of persons supported by this Com- 
monwealth, at the deaf and dumb Asylum at Hartford, 
agreeably to the provisions of the Resolves heretofore 
passed, providing for the support of a certain number of 
deaf and dumb persons at the expense of the Common- 
wealth. 



SELECTM. OF CARVER —WM. FITCH. 293 

CHAP. LXXIV. 

Resolve upon the petition of the Selectmen of the toion of 

Carver* 

February 24, 1826. 

Resolved, That for the reasons set forth in said peti- 
tion, that the Selectmen of the town of Carver, in the 
county of Plymouth, be, and they hereby are, authorized 
to sell so much of a certain lot of land, lying in said Car- 
ver, and of which Luana Seepet, an Indian woman, late 
of said Carver, died seized, as shall be sufficient to defray 
the charges which have been incurred by said town of 
Carver, in the support and maintenance of Patience 
Seepet and her children, the daughter and grandchildren 
of said Luana Seepet, and the incidental charges of such 
sale, not exceeding, in the whole, the sum of two hun- 
dred dollars ; they, the said Selectmen, first giving bond 
to the Judge of Probate for said county of Plymouth, for 
the faithful application of the monies arising from said 
sale, to reimburse the said town of Carver for all such 
expenses incurred as aforesaid, as the said Judge of Pro- 
bate shall adjudge to be just and reasonable ; and also to 
settle an account with said Judge for the proceeds of 
said sale. 



CHAP. LXXV. 

Resolve on the Petition of William Fitch, of Sterling, in 
the County of Worcester. 

February 24, 1826. 

Resolved, For reasons set forth in said petition. That 
Timothy Kiiburn, Esq. and Susan Fitch, widoW; both of 



294 H. BYINGTON. 

Sterling, in the county of Worcester, administrators on the 
estate of Edward R. Fitch, late of said Sterling, deceased, 
in their said capacity be, and they are, hereby, authorized 
and empowered to convey, b}^ a good and sufficient deed 
for that purpose, all the right, title and interest, which the 
said Edward R. Fitch had, at the time of his decease, in 
and to a certain real estate, situated in said Sterling, con- 
sisting of a brick dwelling house, barn, and a lot of land, 
adjoining the land of Nathan Waite, on condition that the 
said William Fitch pay to the said Timothy Kilburn and 
Susan Fitch, administrators as aforesaid, the sum of two 
hundred and fifty dollars, and interest from the second day 
of October, in the year of our Lord, one thousand eight 
hundred and twenty-three, the same to be accounted for, 
by said administrators, agreeably to law. 



CHAP. LXXVI. 

Resolve on the Petition of Horatio Byington. 
. ■ February 24, 1826. 

Resolved^ For reasons set forth in the petition of Hora- 
tio Byington, Register of Probate, pro. tem. of the county 
of Berkshire, that there be "jiaid, out of the Treasury of 
this Commonwealth, to the said Horatio Byington, the sum 
of one hundred twenty-one dollars, as a compensation for 
his services in said office ; and that the Governor be re- 
quested to draw his warrant for said sum accordingly. 



BOUNDARY LINE. 295 



CHAP. LXXVII. 

Resolve on communication from the Governor in relation to 
the boundary lines in the State of Maine. 

February 24, 1826. 

The Committee on public lands, to whom was referred 
a Message from His Excellency the Governor, with a let- 
ter from His Excellency Governor Parris, under date of 
the 26th ultimo, containing propositions on the part of the 
State of Maine, for collecting and preserving the evidence 
of the extent of our right of property in the public lands 
upon the northeastern boundary, and for ascertaining the 
true line of division between the United States and the 
British Possessions, as intended by the treaty of 1783; 
and also a Resolution of the Legislature of Mainf, which 
contemplates the concurrence of this Commonwealth, in 
measures for exploring the country upon the eastern and 
northern lines of that State, for the purpose of ascertain- 
ing the monuments which were erected to define the 
boundary, and to assist in maintaining, more effectually, 
our just claim against the pretensions of the British Go- 
vernment — have had th.-^^ same uTider consideration, and 
ask leave to report the following Resolves, which are re- 
spectfully submitted, by order of the Committee. 

THO'S L. WINTHROP, Chairman. 

Resolved, That the Governor be requested to communi- 
cate to the President of the United States the subject of 
the Resolutions of the Legislature of the State of Maine, 
passed on the 26th ultimo ; and to request that the Na- 
tional Government would adopt such measures as, in their 
wisdom, they may deem proper, to protect those rights 
and interests, which are the subject of said Resolutions, 
against surrender or sacrifice, as the result either of indif- 
ference, or want of requisite information upon the subject. 



39 



296^ TAXES. 



CHAP. LXXVIIl. 



Resolve granting Taxes for several Counties. 
February 25, 1826? 

Whereas, the Treasurers of the following Counties have 
laid their accounts before the Legislature, which accounts 
have been examined and allowed ; and whereas the Clerks 
of the Courts of Sessions, for the said counties, have exhi- 
bited estimates, made by said Courts, of the necessary 
charges which may arise within the several counties, for 
tiie year ensuing, and of the suras necessary to discharge 
the debts of the said counties : 

Resolved, That the sums annexed to the several counties, 

coiitamed in the following schedule, be, and the same are, 

hereby, granted as a tax, for each county respectively, to 

be apportioned, assessed, paid, collected and applied, for 

the purposes aforesaid, according to law. 

County of Barnstable, four thousand dollars, ^4,000 

" Bristol, four thousand five hundred dols. 4,500 

" Essex, thirteen thousand dollars, 13,000 

" Dukes County, nine hundred dollars, 900 

* " Hampden, five thousand five hundred dols. 5,500 

" Franklin, three thousand dollars, 3,000 

" Hampshire,two thousand five hundred dols. 2,500 

" Middlesex, five thousand dollars, 5,000 

" Norfolk, seven thousand five hundred dols. 7,500 

" Plymouth, four thousand dollars, 4,000 

" Worcester, six thousand dollars, 6,000 

" Berkshire, four thousand dollars, » 4,000 



LEWIS GIRDLER.— BETSEY FOXCROFT. 297 



CHAP. LXXIX. 

Resolve on the Petition of Lewis Girdler, 3d. 
February 25, 1826. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Lewis Girdler, 3d. a 
private soldier in the militia of this State, the sum of fifty 
dollars, in full compensation for wounds and injuries re- 
ceived while in the regular discharge of his militia duty. 

Resolved, That His Excellency the Governor be re- 
quested, and he is hereby authorized, to draw his warrant 
for the sum above recited, in favour of said Girdler. 



CHAR LXXX. 

Resolve on the Petition of Betsey Foxcroft. 
February 28, 1826. 

Resolved, That Betsey Foxcroft, of Boston, widow, as 
she is guardian of her sons, Francis C. Foxcroft, George 
A. Foxcroft, and Israel C. Foxcroft, be, and she is hereby 
licensed and empowered to sell, at public auction, a par- 
cel of land, belonging to said minors, acquired partly by 
devise, and partly by purchase, situated in said Boston, 
and bounded, northeasterly, on Beach Street, southeasterly 
on a passage Avay, southerly on land of Thomas Brewer, 
and westerly on a fence and buildings, and thereupon to 
*make, execute and deliver, a good and sufficient deed or 
deeds thereof, to the purchaser, which shall be valid and 
effectual to pass and convey all the right, title and interest 
of said minors, to such purchaser or purchasers. And 
the said guardian shall stand chargeable, in her guardian- 
'ship accounts, with said minors, respectively, for the pro- 



298 SIDNEY WILLARD. 

ceeds of such sale, in the same manner as for the personal 
j^roperty of her said wards : Provided, that before execu- 
ting such deed or deeds, the said guardian shall give bond 
to the Judge of Probate, for the count}^ of Suffolk, with 
one or more sureties, and in a sufficient penalty, satisfac- 
tory to such Judge, conditioned to account for the said 
proceeds, in her guardianship accounts, with said minors, 
respectively, and to account for, invest and manage the 
same, in such manner as the said Judge may order and di- 
rect : Provided, that it shall first be made to appear to 
such Judge of Probate, that it is for the interest of said 
minors, that their said estate should be sold, pursuant to 
the authority hereby given. 



CHAP. LXXXL 

Resolve on the Petition of Sidney Willard. 
February 28, 1826. 

On the petition of Sidney Willard, of Cambridge, in the 
county of Middlesex, guardian of Sophia Willard Dana, 
Mary Elizabeth Dana, Francis Dana, jun. and Joseph Wil- 
lard Dana, all of said Cambridge, minors, relating to the 
sale, which he, in his said capacity, pursuant to a license 
granted by the Supreme Judicial Court theretor, made, at 
public auction, on the third day of July, A. D. 1824, of the 
real estate of said minors, described in said license, and to 
his omission to make his affidavit of his proceedijigs rela- 
ting to that sale, within the time limited by law for that 
purpose, and praying for authority to make such affidavit : 

Resolved, For the reasons set forth in said petition, that, 
said guardian be authorized and empowered to make his* 
affidavit of his proceedings, relative to the sale therein 
mentioned, in the Probate Court, in and for the county of 
Middlesex, at any time within six months after the passing 
of this Resolve, and that the same affidavit, so made, and 
recorded in the Registry of said Probate Court, shall be as 



JEREMIAH CROSBY. 299 

good and valid in law, to all intents and purposes, as if the 
same had been made in the same Probate Court, and re- 
corded in said Registry, within eighteen months from the 
time of said sale ; any law to the contrary notwithstanding. 



CHAP. LXXXH. 

Resolve on the Petition of Jeremiah Crosby. 
February 28, 1826. 

On the petition of Jeremiah Crosby, praying that he, as 
Guardian of Jonathan Bowers, of Billerica, in the coun- 
ty of Middlesex, an insane person, may be authorized to 
make sale of a piece of land, belonging to his said ward, 
situated in said Billerica, to the inhabitants of said town of 
Billerica, for the purpose of enlarging the south burying- 
ground in said Billerica ; 

Resolved^ for reasons set forth in said petition, that the 
said Jeremiah Crosby be, and he is, hereby, authorized 
and empowered to sell, at private sale, to the inhabitants 
of said town of Billerica, so much of a piece of pasture 
land, belonging to his said ward, and adjoining to the south 
burying-ground in said Billerica, on the easterly side there- 
of, as shall be wanted by the said inhabitants of Billerica, 
for the purpose of enlarging said burying-ground ; and to 
make, execute, and deliver, a good sufficient deed of 
the same ; he, the said Crosby, first giving his bond to 
the Judge of Probate, for the said county of Middlesex, 
conditioned that he will act faithfully in all things touch- 
ing the same ; and that he will account for the proceeds 
of said sale, and interest on the same, in his account as 
Guardian of said Jonathan Bowers, whenever thereunto 
legally required. 



300 DIV. OF ESSEX.— COM. ON ACCOUNTS. 



CHAP. LXXXIII. 

Resolve for the purpose of ascertaining the sense of the In- 
habitants of the several toivns in the County of EsseXf 
upon the expediency of dividing said County^ 

February 28, 1826. 

Resolved^ That the Selectmen of the several towns in 
the county of Essex, insert an article in the warrant for 
calling the annual town meeting, to be held in March next, 
or that to be held on the first Monday in April next, for 
the choice of Governor, &c. of the following tenor, to wit : 
Shall a new County be formed of the north part of the 
county of Essex, to be called the county of Merrimack ? 
and that they collect in said meeting the yeas and 
nays, by ballot, on the same, and make return thereof to 
the office of the Secretary of this Commonwealth, seven- 
teen days, at least, before the last Wednesday in May 
next, in the same manner as is provided for the return of 
votes for Senators and Counsellors. 

Resolved, That the Secretary of the Commonwealth be 
directed to send a printed copy of these Resolves to the 
several town-clerks in said county. 



CHAP. LXXXIV. 

Resolve for paying the Committee o?i *^ccounts. 
February 28, 1826. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to William W. Parrot, 
thirty-two dollars ; to Joseph Strong forty-two dollars ? 
to William Ellis thirty-eight dollars ; to Cromwell Wash- 



ROADS IN MAINE. 301 

burn thirty-eight dollars ; and to Silas Felton forty-two 
dollars, for their services in examining accounts presented 
against this Commonwealth during the January session of 
the last General Court. 



CHAP. LXXXV. 

Resolve in relation to the laying out roads on the lands be- 
longing to this Commonwealth and the State of Maine. 

March 1, 1826. 

The Committee on public lands, to whom was referred 
a message from his Excellency the Governor, communi- 
cating a letter from his Excellency Governor Parris, to- 
gether with copies of sundry Resolutions of the Legisla- 
ture of the State of Maine, relating to proposed measures 
for internal improvements, by opening and making pass- 
able certain roads through the public lands within the 
territory of that State ; and in which measures the con- 
currence and co-operation of this Commonwealth is re- 
quested, have had the same under consideration, and ask 
leave to report the following Resolves, which are respectr 
fully submitted by order of the Committee. 

THO'S L. WINTHROP, Chairman, 

Resolved, That his Excellency the Governor, with ad- 
vice of Council, be, and he hereby is, authorized to ap- 
point some suitable person as agent in behalf of this 
Commonwealth, for the purpose of opening, or of causing 
to be cleared and made passable, the road from Penob- 
scot River to Houlton Plantation, so far as the same leads, 
or is extended through the public lands of this Common- 
wealth and the State of Maine ; and said Agent is hereby 
authorized, for the purpose aforesaid, under the direction 
of the Governor and Council, and in conjunction wit||r 
such agent as has been, or may be appointed on the part 
of the State of Maine, to expend such sunJPof money as 



302 x^OSES BLOOD. 

may be deemed necessary by the Governor and Council 
of this Commonwealth. 

Resolved^ That it is inexpedient that this Common- 
wealth should expend any further sums of money for the 
purpose of opening or causing to be cleared and made 
passable, the Kennebec or Canada road north of the Mil- 
lion Acres or Bingham Tract, so called, in the county of 
Somerset ; this Commonwealth, previous to the separa- 
ration of the State of Maine, having expended the sum 
of five thousand dollars on said road, in addition to the 
sum of ten thousand six hundred and seventy-five dollars 
expended on the road which passes through the centre of 
said Bingham Tract, and extending to the road first men- 
tioned. 

Resolved^ That the Land Agent of this Commonwealth, 
under the direction of the Governor, whenever he shall 
deem the same to be expedient, and in conjunction w^ith 
the Land Agent of the State of Maine, be, and he hereby 
is authorized and empowered to survey, lay out, and 
make a road, or cause the same to be done, leading from 
the mouth of Mattawamkeag Stream, on the Penobscot, 
to the mouth of Fish River, a branch of the St. John's 
River ; and the Governor, with advice of Council, is here- 
by authorized to draw his warrant on the Treasury for 
such sum as may be necessary to defray the expense of 
said surveys and roads ; and he is hereby requested to 
transmit a copy of this and the foregoing Resolves to the 
Governor of the State of Maine. 



CHAP. LXXXVJ. 

Resolve on the petition of Moses Blood. 
March 1, 1826. 

On the petition of Moses Blood, of Pepperell, setting 
forth that he was a private soldier in a company of mili- 
tia at the commencement of the revolutionary war, that 



ORDERS & DECREES. 303 

he was wounded in the battle of Bunker Hill, and that he 
is now poor, aged, and infirm. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to the said Moses Blood, 
the sum of one hundred dollars, as a gratuity on the afore- 
said account ; and that his Excellency the Governor, with 
the advice of Council, be, and he hereby is authorized, to 
draw his warrant on the Treasurer for the same. 



CHAP. LXXXVH. 

Resolve to confirm sundry orders and decrees made and 
passed in Probate Court, ivithin the county of Suffolk. 

March 1, 1826. 

Whereas the Hon. Thomas Dawes, late Judge of the 
Probate of Wills, and granting Administrations, within the 
county of Suffolk, made and passed sundry orders and 
decrees in Probate Court, but died without having signed 
the same. 

Resolved, That the several orders and decrees, which 
were made and passed, in Probate Court, by the Hon. 
Thomas Dawes, late Judge of the Probate of Wills, and 
granting Administrations, within the county of Suffolk, 
but not signed by him, shall have the same force and va- 
lidity as if the same had been signed by him ; and all 
certificates of the records thereof, made by the Register 
of Probate for said county, shall be of the same validity, 
and in all respects, and to all intents and purposes, shall 
have the same force and effect, as if the same had been 
signed by the said Judge. 
40 



304 CORNELIUS COOLIDGE. 



CHAP. LXXXVIII. 

Resolve upon the petition of Cornelius Coolidge. 
March 1, 1826. 

Upon the representation and petition of Cornelius 
Coolidge, praying that provision may be made for the 
payment of a certain award in his favor, and for the liqui- 
dation and payment of his accounts for certain improve- 
ments made in the State House yard, with the consent of 
the Supreme Executive ; 

Resolved, That there be paid, out of the Treasury of 
this Commonwealth, to said Cornelius Coolidge, the sum 
of fifteen hundred dollars, the same being the amount of 
an award or report made in his favor, by certain com- 
missioners appointed by the Governor and Council, by 
virtue of a Resolve bearing date the eleventh of June, 
A. D. 1824, to carry into effect certain arrangements with 
the proprietors of certain lands adjoining the westerly 
boundary of the State House yard, which report was ap- 
proved by the Governor ©n the sixth day of July, A. I). 
1825. And also the further sum of eleven hundred and 
sixty-four dollars and eighty-one cents, the same being 
the amount of said Coolidge's claim for certain alterations 
and improvements made by him, with the approbation of 
the Governor and Council, in the western end of the 
State House, and in -the western part of the State House 
3'^ard, amounting, in the whole, to the sum of twenty- 
six hundred and eighty-four dollars and eighty-one cents ; 
and that his Excellency the Governor, with the advice of 
the Council, be, and he hereby is, authorized to draw his 
warrant upon the Treasurer for that sum, which shall be 
in full of the award or report aforesaid, and of all claim 
and demand by said Coolidge, for any expense incurred, 
or labor done by him, in or upon the State House, or the 
yard thereof. 



]S. INDEPENDENCE.— ACCOUNTS. 305 



CHAP. LXXXIX. 

Resolve making an appropriation for celebrating the an- 
niversary of our JVational Independence, 

March 1, 1826. 

Resolved, That the sum of six hundred dollars be annU' 
ally paid out of the public Treasury, and pbced at the 
disposal of the Governor of this Commonwealth, for the 
time being, to defray the expense which may be incurred 
by the Executive, in celebrating the anniversary ofourNa^ 
tional Independence ; ^nd the Governor, for the tiijae be- 
ing, with the advice of Council, is authorized to draw his 
warrant on the Treasury accordingly. 



CHAP. XC. 

Resolve providing for the pay of the Committee on 

Accounts. 

March 3, 1826. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to the Committee on 
Accounts, one dollar per day over and above their pay as 
members for the present session, viz : 

To John Keyes, forty-six days, forty-six dollars. 

" William Ellis, forty-one days, forty-one dollars. 

" Elihu Hoyt, thirty-five days, thirty-five dollars. 

" Robert Rantoul, forty-six days, forty-six dollars. 

" Luke Fiske, forty-eight days, forty-eight dollars. 



3©6 PAY OF CLERKS.—AMOS SAWYER. 



CHAP. XCL 

Resolve providing for the pay of Clerks- 
March 3, 1826. 

Resolved^ That there be paid, out of the Treasury ot 
this Commonwealth, to the Clerk of the Senate, eight 
dollars per day ; to the Clerk of the House of Represen- 
tatives ten dollars per day ; and to the Assistant Clerk of 
ihe Senate, six dollars per day, for each and every days' 
attendance they have been or may be employed in that 
capacity, during the present session of the Legislature ; 
and the Governor is requested to draw his warrant ac- 
cordingly. 



CHAP. xcn. 

Resolve on the petition of Amos Sawyer- 
March 3, 1826. . 

Upon the petition of Amos Sawyer, praying for a re- 
ward for apprehending one Charles Southwick, who had 
broken open the petitioner's store in Salem. 

Resolved., That there be allowed and paid, out of the 
Treasury of this Commonwealth, to Amos Sawyer, of 
Salem, the sum of two hundred and fifteen dollars, in full 
for his trouble and expense incurred in pursuing and ap- 
prehending the said Charles Southwick, and causing him 
to be committted to prison to answer for said offence ; 
and that his Excellency the Governor, by and with the 
advice of the Council, draw his warrant upon the Treas- 
urer for that sum. 



STATE PRIS.— STATE HOUSE YARD. 307 



CHAP. XCHI. 

Resolve appointing Commissioners upon the subject of the 
discipline of prisoners, and the compensatian of officers, 
in the State Prison at Charlestown- 

March 3, 1826. 

Resolved, That Messrs. Stephen White of Salem, Sher- 
man Leland of Roxbury, and Bradford Sumner of Bos- 
ton, be, and they are hereby appointed Commissioners, to 
sit during the recess of the Legislature, for the purpose 
of taking into consideration the Report of the committee 
of the House of Representatives on the communication 
from the Warden of the State Prison at Charlestown ; 
said Commissioners to make report to the Legislature at 
its next session. 

That said Commissioners be directed to devise and re- 
port a plan, if it seems to them practicable, by which em- 
ployment may be given to convicts discharged from said 
prison, on the expiration of their sentence. And that said 
Commissioners be also instructed to report whether any 
and what amendments are necessary in the criminal code, 
so as to provide a greater equality of punishment for per- 
sons convicted of similar crimes and sentenced to con- 
finement in said prison. 



CHAP. XCIV. 

Resolve making an appropriation for repairs about the 
State House Yard. 

March 3, 1826. 

The Committee to whom was referred the Message of 
His Excellency the Governor, together with the flocu- 



308 STATE HOUSE YARD. 

merits which accompanied it, in relation to repairs on the 
State House walls, &c. and also the petition of the Honor- 
able the Mayor and Aldermen of the City of Boston, on 
the subject of the State House fences, ask leave to Re- 
port — 

That the Committee have had these subjects under con- 
sideration, and have examined the premises with care and 
attention, in relation thereto. They find that the work, 
mentioned in His Excellency's Message, has been care- 
fully and economically done, as appears by the report of 
a committee of examination of the Honorable Council ; 
that the actual expense incurred, has exceeded the appro- 
priation, by the sum of one hundred and thirty-six dollars, 
thirty-five cents ; and that the agents are entitled to re- 
ceive a compensation of one hundred dollars each, for 
their faithful services. Your Committee, therefore, recom- 
mend, that an appropriation of three hundred and thirty- 
six dollars and thirty-five « cents, be made for these pur^ 
poses. 

In connexion with the petition of the Honorable the Maj- 
or and Aldermen of the city of Boston, and in consequence 
of His Excellency the Governor's suggestions, your Com- 
mittee have also examined the condition of the grounds and 
fences of the State House yard, and find them to require 
considerable alteration and repair ; the bricks, from being 
originally of a bad material, are crumbling and falling out, 
and the whole work exhibits an appearance of extreme di- 
lapidation. It therefore appears to your Committee 
both necessary and proper, that an appropriation, not ex- 
ceeding six thousand dollars, should be made, to accom- 
plish the objects recommended by the Executive ; and 
that His Excellency the Governor be authorized and re- 
quested to employ some suitable architect to superintend 
the construction of a new principal entrance, and such re- 
pairs and alterations of the fences and grounds, about the 
yard, as their present state of decay, and a proper regard 
to appearance, seems to render necessary ; and also to de- 
vise a plan for the more effectually warming, by means of 
furnaces in the cellar, or otherwise, the Senate Chamber, 
and the Chamber of the House of Representatives ; and 
such other alterations therein, as may be required. Your 



TREASURER TO BORROW MONEY. 309 

Committee fiilly concur with the sentiments of the Mes- 
sage, and trust that the improvements will be of such a 
description as to satisfy the public taste* 

An alteration of the entrance, also, to the eastern wing 
of the State House, in conformity with a plan exhibited by 
the Honorable the Mayor of the City of Boston, may, at 
the same time, be advantageously made ; and your Com- 
mittee respectfully suggest, that the eastern boundary line 
of the State House land be changed, and receded for that 
purpose : Provided, the removal of the wall can be effect- 
ed, and the masonry of said alteration of the entrance com- 
pleted, without expense to the State. 

Therefore^ Resolved^ That His Excellency the Governor, 
and the Honorable Council, to carry into effect the objects 
mentioned in the foregoing report, be authorized to draw 
his warrant on the Treasury, from time to time, for such 
sum or sums, not exceeding six thousand three hundred 
and thirty-six dollars, thirty-five cents, as the same may be 
required, to perfect the several improvements therein re- 
commended. 



CHAP. XCV. 

Resolve authorizing Treasurer to borrow money. 
March 3, 1826. 

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



310 EXCHANGE OF LAND.— DEAF %■ DUMB. 



CHAP. XCVI. 

Resolve for the pay of the Commissioners, relative to an ex- 
change of land on the ivestern boundary of the State 
House yard, 8fc. 

March 3, 1826. 

Resolved, That there be allowed and paid, out of the 
Public Treasury, to Edward H. Robbins, seventy dollars, 
to Samuel Dana, one hundred dollars, to Leonard M. Par- 
ker, sixty dollars, in full for their services respectively, as 
Commissioners, appointed by His Excellency the Govern- 
or, with advice of Council, conformable to a Resolve of the 
11th of June, 1824, relating to an exchange of land with pro- 
prietors of land, on the western boundary of the State House 
yard, ^c. and His Excellency the Governor, with advice of 
Council, is hereby authorized to draw his warrant on the 
Treasury in favor of those persons respectively, for the 
sums aforesaid. 



CHAP. XCVH. 

Resolve for the support of a Deaf and Dumb person at the 
Hartford Asylum. 

March 4, 1826. 

Resolved, That Philenia Emerson, of Cambridge, in the 
county of Middlesex, daughter of Benjamin Emerson, be 
placed upon the list of persons supported by the Com- 
monwealth, at the Deaf and Dumb Asylum, at Hartford, 
in the State of Connecticut, agreeably to the provisions of 
the Resolves heretofore passed, providing for the support 
of a certain number of Deaf and Dumb persons, at the ex- 
pense of the Commonwealth, in that lnstit«tion. 



CHAPLAINS.— S. BLAGGE, ESQ. 311 



CHAP, xcvni. 

Resolve for paying the Chaplains of the tivo Houses- 
March 4, 1826. 

Resolved^ That there be allowed and paid, out of the 
Treasury of this Commonwealth, to Rev. Samuel Barrett, 
Chaplain of the Senate, and Rev, \Villiam Jenks, Chaplain 
of the House of Representatives, sixty dollars each, for 
their services the present political year, and His Ex- 
cellenc}'^ the Governor be, and he hereby is, authorized to 
draw his warrant therefor. 



CHAR XCIX. 

Resolve providing for the pay of the Clerk of the Court of 
Impeachment for the trial of Samtiel Blagge, Esq, 

March 4, 1826. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Paul Willard, Clerk 
of the Court of Impeachment for the trial of Samuel 
Blagge, Esq. the sum of ninety-six dollars, in full for his 
services in making up the record thereof, and making and 
certifying three copies of the articles of Impeachment 
for the respondent's counsel ; and that the Governor be 
requested to draw his warrant on the Treasury for the 
payment of the same. 
41 



312 PROB. IN BERK.— Q. M. GENERAL'S DEF 



CHAP. C. 

Resolve dwecting the Attorneij or Solicitor General to in- 
stitute a process agaitist the bondsmen of the late Regis- 
ter of Probate in Berkshire. 

March 4, 1826. 

Whereas a Resolve has passed the Legislature, at the 
present session, allowing the sum of one hundred and 
twenty-one dollars to Horatio Byington, for services ren- 
dered by him, whilst acting as Register of Probate for 
the county of Berkshire, and whereas a part of said sum, 
sixty-one dollars, was for said Byington's services, in com- 
pleting records left unfinished by the late Register, at the 
time of his decease, for which said Register's bondsmen 
are responsible ; therefore. 

Resolved, That the Attorney or Solicitor General be, 
and they, or either of them, are hereby directed to insti- 
tute forthwith such legal process as they may deem pro- 
per, in the name of the Commonwealth, for the recovery 
of such sum or sums of money, from the bondsmen of 
George Whitney, late Register of Probate in the county 
of Berkshire, as have been, or may be, paid to Horatio 
Byington, by direction of the Legislature, for his services 
in completing the records, and doing the duties which de- 
volved by law upon the said Register. 



CHAP. CL 

Resolve making appropriations for the Quarter Master 
GeneraVs Department. 

March 4, 1826. 

Resolved, That the sum of four thousand four hundred 
dollars be, and the same is, hereby, appropriate^^ 'for the 



MESSENGER— BANKS. 313 

use of the Quarter Master General's Department, for the 
purpose of repairing the public buildings, and defraying 
the expenses of that department ; and that the Governor 
of this Commonwealth, for the time being, by and with 
the advice of Council, be requested to draw his warrant 
on the Treasurer for the same, for such sums, and at such 
periods, as the public service shall require, in favor of the 
Adjutant General, for the application of which he is to be 
accountable : Provided, that no part of this appropriation 
shall go to defray the expense of a collation on the fourth 
of .1 uly. 



CHAP. CII. 

Resolve providing additional pay to the Messenger of the 
General Court and his assistants. 

March 4,1826. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to Jacob Kuhn, Mes- 
senger of the General Court, fifty dollars, in addition to 
the sum allowed him for his serviees the present year, 
and to each of his assistants, twenty-five cents per day, 
in addition to the sum usually allowed them, for their ser- 
vices the present session of the General Court. 



CHAP. cm. 

Resolve in relation to Banks. 
March 4, 1826. 

Resolved, That the several Banks, incorporated by the 
authority of this Commonwealth, shall, in their next semi- 



314 MARY J. GARDNER.— JOHN V. LOW, 

annual return, make a statement of the amount of the 
capital stock of said Banks, respectively owned b}'^ indi- 
viduals residing, or corporations established, in the city 
of Boston, as it existed on the first day of January last. 



CHAP. CIV. 

Resolve in favor of Mary J. Gardner. 
March 4, 1826. 

Resolved, That there be allowed and paid, out of the 
public Treasury, to Mary Jackson Gardner, the sum of 
one hundred and six dollars and twenty-five cents, for 
binding seventeen hundred copies of the Militia Laws, 
printed for the use of the Massachusetts Militia ; and his 
Excellency the Governor, with the advice of Council, is 
hereby authorized and requested to draw his warrant on 
the Treasury for that sum. 



CHAP. CV. 

Resolve in favor of John V. Low. 
March 4, 1826. 

Resolved, That there be allowed and paid, from the 
Treasury of this Commonwealth, to John V. Low, As- 
sistant Messenger to the Governor and Council, two dol- 
lars for each and every day he has been, or may be, em- 
ployed in that capacity, during the present session of the 
Council 



ROLL, No. 94 JANUARY, 1826 



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

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

JOHN KEYES,/or the Committee. 



PAUPER ACCOUNTS. 

Amesbury, for the support of Robert Baker to 

January 1st, 1826, % 27 52 

Alford, for the support of Sylvia C. Glynn, Hen- 
ry, Lorenzo, and Justus, her children, to Janu- 
ary 1st, 1826, 228 30 

Andover, for the support of Sukey Hornsby, 
John Lowell, James McCoUier, Andrew Leon- 
ard, and William Reed, to January 1st, 1826, 71 22 

Athol, for the support of Ephraim Mundel's 
children, burial of Seth Wilcox, and for the 
support of Henry Palmer and wife, and four 
children, to January 21st, 1826, 15 60 



316 PAUPER ACCOUNTS. 

Abington, for the support of Thomas Reed, and 

David Jack and wife, to January 16th, 1826, g 92 10 

Adams, for the support of sundry paupers to 

January 6th, 1826, 272 26 

Attleboro', for the support of sundry paupers, to 

January 1st, 1826, 298 70 

Ashburnham, for the support of Sukey Frankbn, 
wife of Henry Stinegar, and two of Stinegar's 
children, to January 19th, 1826, 145 60 

Bradford, for the support of Joshua L. Allin, to 

January 1st, 1826, 46 80 

Becket, for the support of Elizabeth Hamblin, 

to December 29th, 1825, 31 11 

Beverl}^ for the support of Dolly Claxton, Row- 
land Robinson, Ginger Welman, Henry Bax- 
ter, and Jonathan Kelly, to January 1st, 1826, 83 91 

Brookfield, for the support of Mark Simmons, to 

May 29th, 1825, 26 50 

Belchertown, for the support of Phebe Butler, 
to her death, and Fidelia and Armenia Bor- 
den, to January 1st, 1826, 60 64 

Boston, for support of sundry paupers in the 

House of Industry, to January 1st, 1826. 4,464 29 

Boston, for supplies furnished sundry pairpers, 

to December 31st, 1825, 1,134 87 

Bridgewater, for the support of John F. Bignier 
and wife, John Chesnut, wife, and child, and 
Joseph Morgan, to January 17th, 1826, 159 35 

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

December 1st, 1825, 46 80 

Barnstable, for the support of Joseph Thompson, 

to January 10th, 1826, 46 80 

Burlington, for the support of Thomas Hardman, 

and John A. Pashor, to January 1st, 1826, 93 60 

Boxboro', for the support of William Shezer, to 

January 1st, 1825, 11 70 

Billerica, for the support of Mrs. McRee and six 
children and James Dunn, to January 21st, 
1826, 158 40 

Barre, for the support of Juda Davis, Mary and 

James, her children, to January 26th, 1826, 64 60 



PAUPER ACCOUNTS. 317 

Brimfield, for the support of John Baxter, John 
Shelburn, and Thomas Corbin, to February 
13th, 1826, $ 97 20 

Boxford, for the support of Mehitable Hall, to 

January 1st, 1826, 78 30 

Bolton, for the support of Patrick, James, John, 
and Margaret Daley and Martha Addison, to 
February 20th, 1826, 43 35 

Chester, for the support of George Buttolph and 

wife, to January 6th, 1826, 55 02 

Cheshire, for the support of Ephraim Richard- 
son, Noel Randol, Polly Cooper, and Molly 
Diamond, to January 9th, 1826, 118 80 

Chesterfield, for the support of Sarah and Ra- 
chel Polly, to January 1st, 1826, 88 60 
Carver, for the support of Martin Brady, to Jan- 
uary 1st, 1826, 46 80 
Chelmsford, for the support of Catharine Mc- 
Clenny, Thomas H. Miller, and Joanna Mc- 
Lane, to January 1st, 1826, 166 40 
Conway, for the support of Martha and Sally 
Murphy, and Hannah Hall, to January 7th, 
1826, 141 30 
Charlestown, for the support of sundry paupers 

to January 1st, 1826, 1,908 99 

Carlisle, for the support of Robert Barber, to 

January 4th, 1826, 46 80 

Colrain, for the support of sundry paupers to 

January 8th, 1826, " 285 90 

Clarksburg, for the support of Naomi Hill and 

four children, to April 1st, 1825, 29 00 

Cummington, for the support of Sarah Brown 

and Brester Pierce, to January 7th, 1826, 59 40 

Cambridge, for the support of sundry paupers 

to January 26th, 1826, 1,650 11 

Chelsea, for the support of Betsy Jones, to Jan- 
uary 1st, 1826, 46 80 
Canton, for the support of Hannah Buckley, 
Betty Moho, and John Dewhest, to January 
14th. 1826. 75 72 



318 PAUPER ACCOUNTS. 

Charlton, for the support of Amia Dixon, and 
George and Lafayette Dixon, to January 7th, 
1826, B 43 16 

Dedham, for the support of Thomas Parker, 
wife, and two children, John Delany, William 
Wordell, Martha Butler, and Edward Wilcox 
and wife, to February 1st, 1826, 141 84 

Also, in the house of correction, John P. Cain, 
James Weeks, and Hanse Skillings, to Janu- 
ary 30th, 1826, 34 33 

Duxbury, for the support of Hannah Dau, Elea- 
zer Simmons, Lydia Dau, and James Bride 
till his death, to January 11th, 1826, 152 02 

Dracut, for the support of John Flinn, Polly 
Weeks, and Moses Freeman, to January 10th, 
1826, " 51 68 

Deerfield, for the support of Dolly Roberts, Loui- 
sa Witherell, Daniel Allis, Peter Stamra, and 
Runy and Ardelia Witherell, to December 
31st, 1825, 140 62 

Dorchester, for the support of Sophia and Hen- 
ry Bacon, Elizabeth McCarty, Sarah and 
Richardson Hutchinson, John Graham, and 
Martha and Maria Hersej'^, to January 16th, 
1826, 93 57 

Dennis, for the support of John Bloom and Fear 

Wixon, to January 15th, 1826, 93 60 

Dalton, for the support of John C. Wallace, to 

April 8th, 1825, 3 47 

Douglas, for the support of Jonathan Hill, to 

January 1st, 1826, 46 80 

Dighton, for the support of Hannah Tue, to Jan- 
uary 24th, 1826, 46 80 

Danvers, for the support of sundry paupers to 

February 14th, 1826, 359 06 

Egremont, for the support of Reuben Van Gild- 
er, Benjamin and Betsey Dailey, Harriot, Al- 
bert and Jared Kline, Charity Woodbeck, and 
William and Abijah Brown, to January 7th, 
1826, ^ 355 96 



PAUPER ACCOUNTS. 319 

Easton, for the support of George Lewis to Oc- 
tober 14th, 1825, ' S13 50 

Framingham,for the support of Daniel Campbell, 
Catharine Denny, and two children, to Janua- 
ary 9th, 1826, 32 80 

Fairhaven, for the support of Thomas Simonds, 
John Bissamore, Inguburt Dahl, Dorcas Smith, 
Sarah Carn and son, to January 1st, 1826, 175 33 

Falmouth, for the support of Edward Edwards, 

to January 19th, 1826, 46 80 

Freetown, for the support of Abigail and Jemi- 
ma, {Indians,) to January 22d, 1 826, 93 60 

Grafton, for the support of Joseph Phillips, Sa- 
rah and Stephen Phillips and Elither Johns, to 
January 1st, 1826, 6l 49 

Granville, for the support of Sally Stewart and 

Samuel Gallop, to January 7th, 1826, 55 80 

Goshen, for the support of Charles Conner, to 

June 29th, 1825, 5 40 

Great Bairington, for the support of sundry pau- 
pers, to January 1st, 1826, 208 40 

Gloucester, for the support of sundry paupers, to 

January 15th, 1826, 575 78 

Groton, for the support of sundry paupers, to 

January 10th, 1826, 206 40 

Greenfield, for the support of Olive Bates and 

child, to January 7th, 1826, 29 20 

Greenfield, for the support of Alpheus Shattuck, 

to July 30th, 1825, 3 85 

Hadley, for the support of Rebecca Allen, to Jan- 
uary 1st, 1826, 31 11 

Hancock, for the support of George W. Hakes, 

and two children, to December 31st, 1825, 48 97 

Heath, for the support of Mary Dewandellier, to 

January 25th, 1826, 26 00 

Harwich, for the support of James Robertson, to 

November 23d, 1825, 41 36 

Hopkinton, for the support of Mary Saunders 

and Susan Parker, to January 1st, 1826, 108 85 

Ipswich, for the support of sundry paupers at 
42 



320 PAUPER ACCOUNTS, 

the House of Correction, by Col. Thomas 
Wade, to January 10th, 1826, 279 00 

Kingston, for the support of Sophia Holmes, to 

December 9th, 1825, 46 80 

Lee, for the support of Thomas Peters, Sarah 
Ross, Caroline, Lucinda Sc Laura Shepherdson, 
Richard Smallman, Oren Blanchard, Maria and 
Samuel A. Jackson, to January 10th, 1826, 189 90 

Leyden, for the support of Tacy Fuller, Arnold 
Clark, Ruth and Joseph Abel, and Desire 
Stanton to January 7th 1826, 140 91 

Littleton, for the support of Jacob Thompson and 

John Putnam, to January 14th, 1826, 93 60 

Lynn, for the support of John Buttis, Esther 
Thomas, Nancy Carter, Nancy Carter, jr. John 
Thomas, and William Fowle, to January 
27th, 1826, 211 89 

Longmeadow, for the support of Dorcas Coville, 

to January 20th, 1826, 50 40 

Lunenburg, for the support of Wm. Sherer, Jo- 
seph F. John E. and Joseph O. Chute, to Jan- 
uary 31st, 1826, • 129 60 

Lenox, for the support of Moses McGrave, Ma- 
ria Palmer, Emeline Hubbell, Caroline Wea- 
ver, Samuel Bell, Kesiah W. Cutting, Chaun- 
cey and Hezekiah Cutting, to January 1st, 
1826, 116 33 

Lexinajton, for the support of Richard Robie, to 

October 17th, 1825, 11 70 

Lanesboro', for the support of sundry paupers, to 

January 2d, 1826, 208 00 

Marshfield, for the support of Samuel Holmes 

and John Baker, to December 24th, 1825, 93 60 

Middlefield, for the support of Thomas Doyle, 

to December 31st, 1825, , 6 30 

Middleboro', for the support of Abigail Simonds, 
John Fitzgerald, Robert and William Wilson, 
Elizabeth Briggs, Harriot Hall and two chil- 
dren, Emeline Bowers, John Hayden and Pe- 
ter Pew, to January 1st, 1826, 369 26 

Monson, for the support of Flora Story, Polly, 



PAUPER ACCOUNTS. 321 

Rosina and Henry Dickinson, Benjamin Wal- 
lice, Catherine and Jeremiah Dana, to January 
2d, 1826, 165 10 

Medford, for the support of Dorothy Linum, Ke- 

neth McKenzie and wife,to January 11th, 1826, 120 98 

Methuen, for the support of WilHam and Ma- 
rian Richards, to Januaiy 20th 1826, 83 21 

Montgomery, for the support of Willard Convers, 

to January 1st, 1826, 5 91 

Montague, for the support of Edward Potter and 

wife, to January Uth, 1826, 58 50 

Maiden, for the support of sundry paupers, to Jan- 
uary 23d, 1826, 150 51 

Manchester, for the support of Anthony Banks, 

to August 1st, 1825, 8 61 

Milton, for the support of sundry paupers, to 

February 7th, 1826, 126 10 

Marston Nymphas and Gideon Hanley, for the 
support of Marshpee Indians, to January 12th, 
1826, 429 25 

Newbury port, for the support of sundry pau- 
pers, to January 1st, 1826, 844 39 

Norwich, for the support of Ruth Sanford, to 

January 8th, 1826, 46 80 

Norton, for the support of James Norburg, to 

January 2d, 1826, 43 33 

Newbury, for the support of sundry paupers, to 

January 1st, 1826, 924 62 

Northampton, for the support of sundry paupers, 

to January 1st, 1826, 457 27 

North Brookfield, for the support of Esther John- 
son, to January 2d, 1826, 31 50 

Newton, for the support of Jonathan French, to 

June 15th, 1825, 93 60 

North Bridgewater, for the support of sundry 

paupers, to January lOth, 1826, 287 91 

New Ashford, for the support of Patience Miles, 

to January 17th, 1826, 47 70 

New Braintree, for the support of Mary Rogers, 

to January 3d, 1826, ^ 46 80 



322 PAUPER accounts: 

Oakham, for the support of Toby Baker, to Janu- 
ary 1st, 1826, 73 80 

Peppereii, for the support of Robert B. Minchin, 
David Smith, and supplies furnislied Benjamin 
Smith and family, to January 1st, 1826, 69 25 

Pal ner, for the support of M^illiam and Phebe 
Minden, Phebe Perrin and William Dodge, to 
January 7th, 1826, 104 30 

Plymouth, for the support of Sarah R. Wade, 
Cynthia Wharton, John M. Roap, Sarah Scott 
and James Reed, to January 20th, 1826, 102 20 

Pembroke, for the support of Rhoda Prince, to 

January 17th, 1826, 28 67 

Pittsfield, for the support of Robert, Charles and 
Samuel Buckway, and Juliet, George, Benja- 
min and James Irwin, to January 1st, 1826, 95 90 

Phillipstown, for the support of Abraham Schol, 

to January 1st, 1826, 28 60 

Pelham, for the support of William Banks, Har- 
riot Whipple, Jeptha Pharoah, William Pha- 
roah and Lewis B. Frazer, to December 9th, 

1825, 73 26 
Rehoboth, for the support of Aaron Freeman, 

Lucy and Dinah Kelly and child, Rosannah 
Freeman, and Susannah, an Indian, to Decem- 
ber, 30th, 1825, 170 50 
Russell, for the support of Mary Stebbins, Sally 
Harrington, and Mrs. Newton, to January 1st, 

1826, " 140 40 
Roxbury, for the support of sundry paupers, to 

January 3d, 1826, " 200 70 

Richmond, for the support of Roxana Winston, 
Samuel Hill, Nancy, Joseph, Samuel, Betsey, 
and Amos Darling, to January 7th, 1826, 218 40 

Rowe, for the support of Elmira, Mary and No- 
ah Wilcox, to January 3d, 1826, 54 00 

Rowley, for the support of Tryphosa, Aliihonson 
and Ann Maria Knight, and Louisa Price, to 
January 2d, 1826, 118 40 

Royalston, for the support of Alice Clements and 
Almira Waters, to January 13th, 1826, 100 80 



PAUPER ACCOUNTS. 323 

Swansey, for the support of Diadama Boston, 
Martha Dusnips, Olive Freeman, Eliza Mason, 
Thomas McCarter and wife, to January 1st, 
ltS26, 138 60 

Springfield, for the support of sundry paupers, to 

January 3d, 1826, 319 01 

ShetHeld, for the support of sundry paupers, to 

January 8th, 1826', 273 73 

Sandisfield, for the support of Richard Dickson 

and Phillis, his wife, to December 31st, 1825, 57 60 

Salem, for the support of sundry paupers, to 

December 31st, 1825, 1,307 65 

Sharon, for the support of James Welsh, Edward 
Ellis, Jane Donaldson and child, John H. Kel- 
hoffand Eliza Ellis, to January 11th, 1826, 157 42 

South bride;e, for the support of Quack Boston, to 

November 17th, 1825, 23 40 

South Hadley, for the support of Anna Porter, 
and Dext«.7, Catherine and Amanda, her chil- 
dren, to Ausjust 16th, 1825, 28 80 

South Brimfield, for the support of Jona. Hill, to 

December 28th, 1824, 27 38 

Spencer, for the support of Thomas Humphreys' 
son, twelve years of age, Susannah Cowland, 
and Amy Freeman and four children, to Janu- 
ary 16th, 1826, 270 40 

Shelburne, for the support of Mary and Olive 
Bates and child, and James Brown, to January 
14th, 1826, 139 10 

Stoughton, for the support of Isaac Williams, to 
January 8th, 1826, also, Michael Miron, to* 
January 1st, 1826, 54 59 

Shirley, for the support of Mary McKenzie and 

Samuel Gray, to January 1st, 18is6, 65 80 

Stockbridge, for the support of sundry paupers, 

to December 1st, 1825, 233 23 

Sutton, for the support of Esther Santee, to May 

25th, 1825, 17 60 

Somerset, for the support of Ann, Else, and Tho- 
mas Mackgiven, and Ruth and Polly Hills, to 
January 3d, 1826. 218 40 



321 PAUPER ACCOUNTS. 

Seekonk, for the support of sundry paupers, to 

January 2d, 1826, 232 90 

Townsend, for the support of Samuel and Marga- 
ret Jackson, Miranda, Samuel B. and Henry 
Jackson, their children, to January 1st, 1826, 89 78 

Taunton, for the support of sundry paupers, to 
December 31st, 1825, 344 69 

Tyringham, for the support of sundry paupers, 

toJanuary 1st, 1826, 598 58 

Tewksbury, for the support of Daniel Moody, to 

September 23d, 1825, 7 70 

Tyngsboro', for the support of Gilman Tarbox, 
"to March 18th, 1825, 12 07 

Uxbridge, for the support of Phillis Jenk's child, 
to January 7th, 1826, 26 00 

Upton, for the support of John Brown, to Janu- 
ary 20th, 1826, 44 10 

Wenham, for the support of Pompey Porter, to 

January 1st, 1826, 46 80 

Westfield, for the support of Asenath and George 
Gibson, John and Esther Berry, Theodotius 
Gillet, Matthew Smith, and Fanny Baltimore, 
to January 1st, 1826, 179 56 

Westhampton, for the support of Lemuel Cul- 
ver and wife, Jane Gay, Mary-Ann and Filia 
Sherman, and Rosan Harper, to January 5th, 
1826, S73 40 

Williamstown, for the support of sundry pau- 
pers, to January 6th, 1826, 374 40 

West Springfield, for the support of Hannah and 
Lois Shevoy, James Benedick, to January 2d, 
1826, 74 59 

Worcester, for the support of William Joblin, 
and an illegitimate child of Catharine Green, 
to January 7th, 1826, 52 66 

Waltham, for the support of Sarah Ellis, to Jan-- 

uary 1st, 1826, 31 12 

Watertown, for the support of Rebecca Bourne, 
and Samuel and Ann Latch, to January 1st, 
1826, " 140 40 



SHERIFFS' AND CORONERS' ACCOUNTS. 325 

Walpole, for the support of Samuel Rathbun, 
Nancy Bording,and David Williams, to January 
14th, 1826, ^ 75 00 

Wrentham, for the support of James Walker 

and William McQuiner, to January 1st, 1826, 33 25 

Western, for the support of Mrs. Baldwin, Lu- 
ther, Philander and Samuel Baldwin, John 
Montgomery and wife, to Januiiry 23d, 1826, 33 20 

Westboro', for the support of John Donnovan,/ . 
Dinah, a negro, Catharine Green, Leonard Ar 
Whitaker, and Lydia Francis, to January 16th, 
1826, 132 70 

Washington, for the support of James and Nan- 
cy Robbins, Elizabeth Williams, and James 
Holden^ to January 2d, 1826, 143 72 

West Stockbridge, for the support of sundry 
, paupers, to January 1st, 1826, 260 23 

Ware, for the support of Charles Simpson, 
Jack Upham, and Thomas Dennison, to Feb- 
ruary 11th, 1826, 121 89 

Yarmouth, for the support of Thomas Peters, 
and old Lot and John Francis, to January 9th, 
1826, 100 05 



SHERIFFS' AND CORONERS' ACCOUNTS. 



JANUARY, 1826. 

Bridge Henry, Coroner of Middlesex, for an in- 
quisition to January 1st, 1826, 7 40 

Badger Thomas, Coroner of Suffolk, for thirteen 

inquisitions, to February 9th, 1826, 101 20 

Cook John, Coroner of Essex, for an inquisition, 

to May 31st, 1825, 12 40 

Cole Timothy, Coroner of Barnstable, for an in- 
quisition to January 12th, 1826, 10 90 



326 PRINTERS' AND MISCEL. ACCOUNTS. 

Crocker David, Sheriff of Barnstable, for return- 
ing votes, &c. to January 1st, 1826, 5 60 

Gardner Uriah, Sheriff of Nantucket, for return- 
ing votes, &c. to April 1st, 1825, 42 46 

Hewins Elijah, Coroner of Norfolk, for an in- 
quisition, to January 19th, 1825, 7 40 

Hews H. Samuel, Coroner of Suffolk, for three 

inquisitions, to January 11th, 1826, ' 22 20 

Johnson Jotham, Coroner of Middlesex, for an 

inquisition, to February 23d, 1826, 12 40 

Lyman Joseph, Sheriff of Hampshire, for re- 
turning votes, &c. to January 31st, 1826, 29 50 

Leonard Horatio, Sheriff of Bristol, for return- 
ing votes, &c. to January 7th, 1826, 3 20 

Pitts James, Coroner of Middlesex, for an inqui- 
sition to January 7th, 1826, 7 40 

Pease D. Isaiah, Sheriff of Dukes County, for re- 
turning votes, &c. to February 10th, 1826, 25 00 

Rhoades" William, Coroner of Essex, for an in- 
quisition to July 19th, 1825, 12 40 

Whitmore Levi T., Coroner of Middlesex, for 

an inquisition to January 25th, 1826, 12 40 

Willard Calvin, Sheriff of Worcester, for return- 
ing votes, &c. to January 31st, 1826, 85 35 



PRINTERS' AND MISCELLANEOUS ACCOUNTS. 

JANUARY, 1826. 

Allen Phineas, for printing Laws to January 

1825, 16 67 

Allen W. E., for printing Laws, to August 1st, 

1825, 16 67 

Annin & Smith, for engraving plate for survey 

of Canal to February 13th, 1826, 193 50 

Adams William & Co. for repairs on State House 

to February 23d, 1826, 56 21 



PRINTERS' AND MISCEL. ACCOUNTS. 327 

Boston, for the repairs of buildings, &c. on Rains- 
ford Island to February 9th, 1826, 72 10 

Ballard & Wright, for printing Laws, &c. to Jan- 
uary lOth, 1826, 141 09 

Burditt W. James, for stationary furnished the 
two branches of the Legislature and the dif- 
ferent offices of government to February 21st, 
1826, 355 04 

Blaney Henry, for repairs on the State House, 

to February 4th, 1826, 68 02 

Blaney Ambrose, for lanterns for the use of 

State House, to February 7th, 1826, 11 37 

Ballard Lewis, for glass for State House, to De- 
cember 26th, 1825, 84 14 

Ballard & Prince, for carpeting, &c. to October 

17th, 1825, 127 95 

Barnes Thomas, for services of William H. 
Barnes, his son, as page of the Hon. Senate, 
to February 28th, 1826, 48 00 

Bacon Henry, for assisting Messenger to Gene- 
ral Court, to February 28th, 1826, 104 00 

Bradley Samuel, for materials furnished for re- 
pairs on State House, to February 18th, 1826, 50 96 

Chapin Jacob, for printing Laws, &c. to January 

1st, 1826, 33 33 

Cutting W. Elijah, for assisting Messenger to 

General Court, to February 28th, 1826, 100 00 

Chase Warren, for assisting Messenger to Gen- 
eral Court to February 28th, 1826, 104 00 

Clapp W. W. for printing Laws, &c. to January 

1st, 1826, 35 48 

To John Keves, 14 00 

" William Ellis, 14 00 

" Robert Rantoul, 14 00 

" Daniel Messenger, 14 00 
" Benjamin Whipple, 14 00 

Denny Austin, for printing Laws, &c. to June 1st, 

1825, 26 67 

Danforth Alden, for printing Laws, &c. to Janu- 
ary 16th, 1826, 23 92 

43 



Committee to examine 
the Treasurer's ac- 
counts, Jan'ry, 1826. 



328 PRINTERS' AND MISCEL. ACCOUNTS. 

Durant William, for repairs on State House, to 

December 26th, 1825, 100 56 

Felt David, for stationary for Secretary's office, 

to May 30th, 1825, 11 06 

Gore & Baker, for painting State House to Janu- 
ary 16th, 1826, 134 19 

Howe R. Isaac, for printing Laws to January 1st, 

1826, 33 33 

Hobart L. Moses, for care of Rainsford Island, 

&c. to January 16th, 1826, 104 44 

Kuhn Jacob, jun. for assisting Messenger to Gen- 
eral Court, to February 28th, 1826, 100 00 

Kuhn Jacob, for summoning witnesses, to Feb- 
ruary 23d, 1826, 4 50 

Lovering William, jun. for lighting State House, 

to February 7th, 1826, 66 11 

Lane & Lamson, account for black crape, to Jan- 
uary 5th, 1826, 28 00 

Loring James, for twelve Registers, to January 

2d, 1826, 7 50 

Massachusetts Agricultural Society, for 
expenses raising seed, ^and sundry 
experiments at the Botanic Garden, 
at Cambridge, under direction of 
Thomas Nuttell, 577 00 

Also, Wells & Lilly's account for 
printing, to February 10th, 1826, 400 00 977 00 

Mann H. & W. H. for printing Laws to October, 

1825, 16 66 
Phelps A., for printing Laws to January, 1826, 16 67 
Rogers & Griffin, for printing Laws to January, 

1826, 16 67 
Russell B. John, for papers furnished Legisla- 
ture, to February 28th, 1826, 51 96 

Russell B. for printing Laws, and advertising, 

&c. to June 22d, 1825, 40 81 

True & Greene, for sundry accounts for printing, 
as per account on file, for the Commonwealth, 
to February 28th, 1826, 1,974 34 

Tannatt G. A., for printing Laws, to January 1 st, 

1826, 16 67 



• MILITARY ACCOUNTS. 329 

Towne Edmund, for services of his son, Edmund 
Towne, jun. as page to the House of Repre- 
sentatives, to February 28th, 1826, 48 00 

Wheeler H. John, for services, repairing, &c. at 
the State House to February 18th, 1826, 346 19 

Young & Minns, for printing Laws to June 17th, 
J825, 19 11 

Additional account for newspapers, &c. 52 36 71 47 



MILITARY ACCOUNTS. 

JANUARY, 1826. 

Jtid'de Camps to Major Generals 

Coffin G. Timothy, to January 1st, 1826, 25 00 

Dickinson Edward, to January 1st, 1826, 23 30 

Hopkins Thomas, to August 4th, 1825, 14 79 

Kellogg John, to January 1st, 1826, 10 21 

Stickney John, to January 1st, 1826, 25 00 

Talbot James, to January 1st, 1826, 50 00 

Torrey Ebenezer, to January 1st, 1826, 25 00 

Brigade Majors. 

Barton W. Jabez, to December 31st, 1825, 40 00 

Butterfield Joseph, to December 31st, 1825, 40 00 

Colt R. Ezekiel, to December 31st, 1825, 40 00 

Hall S. Parker, to December 31st, 1825, 22 67 

Hastings Riifus,to December 31st, 1825, 40 00 

Smith B. Henry, to December 31st, 1825, 40 00 

Sheldon Thomas, to December 31st, 1825, 40 00 

Sampson Joseph, to December 31st, 1825, 40 00 

Wilder Nathaniel, to December 31st, 1825, 40 00 

Wright W. Joseph, to December 31st, 1825, 53 33 

^idjutants. 

Adams Stephen, jun. to December 31st, 1825, 25 00 

Ayer Richard, 3d, to September 21st, 1825, 17 75 



330 MILITARY ACCOUNTS. 

Atwood B. George, to December 31st, 1825, 25 00 

Adams Otis, to December 31st, 1825, 25 00 

Allen Henry, to December 31st, 1825, 15 00 

Brown Wm., to September 1st, 1825, (of Salem,) 16 67 
Brown Wm., to December 31st, 1825, (of Bradford,) 25 OO 

Bailey P. Charles, to December 31st, 1825, 17 99 

Bailey Nathaniel,to l')ecember 31st, 1825, 12 37 

Bowman H. Amory, to July 20th, 1825, 38 88 

Brigham Moses, to December 31st, 1825, 15 00 

Bryant Nathan, jnn. to May 16th, 1825, ' 9 37 

Bridge Charles, to December 31st, 1825, 25 00 

Bush Edmund, to December 31st, 1825, 40 21 

Cushing Ned, to June 28th, 1825, 12 35 

Clark Josiah, to December 31st, 1825, 25 00 

Conant Francis, to December 31st, 1825, 50 00 

Chapin W. Chester, to December 31st, 1825, 25 CO 

Crosby Logan, to February 21st, 1825, 18 06 

CoUamore Horace, to December 31st, 1825, 25 00 

Dixey F. E., to September 1st, 1825, 10 00 

Dickenson Thomas, to December 31st, 1825, 25 00 

Dyer N. Samuel, to December 31st, 1825, 15 00 

Evans John, to December 31st, 1825, 50 00 

Estabrook Jones, to December 31st, 1825, 25 00 

Fisher Calvin, jun. to December 31st, ^825, 15 00 

Flanders WiUiam, to December 31st, 1825, 8 75 

Forward Robert, to December 31st, 1825, 25 00 

Fessenden vSewalJ, to August 28th, 1825, 16 50 

Frost Ebenezer, to December 31st, 1825, 14 58 

Gibbens M. George, to March 21st, 1825, 4 08 

Gates Carter, to December 31st, 1825, 21 61 

Hamblin Joseph, to December 31st, 1825, _ 25 00 

Holden Thomas, to December 31st, 1825, 25 00 

Haynes C. Guy, to December 31st, 1825,* 25 00 

Hubbard John, to December 31st, 1825, 17 01 

Hedge L. Isaac, to December 31st, 1825, 25 00 

Hathaway P. Phillip, to December 31st, 1825, 50 00 

Hitchcock Augustus, to December 31st, 1825, 15 00 

Hubbell Stoddard, to December 31st, 1825, 25 00 

Ide William, to June 1st, 1825, 15 00 

Ingersoll P. David, to December 31st, 1825, 25 00 

Kimball Charles, to December 31st, 1825, 25 00 



MILITARY ACCOUNTS. 331 

Lovering Willard, to December 31st, 1825, 
Lilley Lewis, to December 31st, 1825, 
Longley Israel, to December 31st, 1825, 
Mountfort B. N. to December 31st, 1825, 
Mosely M. Thomas, to December 31st, 1825, 
Mansfield Andrew, Jr. to December 31st, 1825, 
Newton Isaac, Jr. to December 31st, 1825, 
Nye Abram, to December 31st, 1825, 
Newton Henry, to December 31st, 1825, 
Otis G. A. James, to December 31st, 1825, 
Partridge W. Wm. to December 31st, 1825, 
Packard Davis, to September 7th, 1825, 
Rogers W. Daniel, to December 31st, 1825, 
Richards Jason, to December 31st, 1825, 
Richardson Peter, 2d, to December 31st, 1825, 
Sampson W. Ezra, to December 31st, 1825, 
Sanford Stephen, to December 31st, 1825, 
Savels A. John, to December 31st, 1825, 
Sutton Ebenezer, to December 31st, 1825, 
Sawyer Lyman, to July 2nd, 1825, 
Stall William, to December 31st, 1825, 
Sheveruck Samuel, jr. to December, 31st, 1825, 
Saxton B. William, to December 31st, 1825, 
Turner P. Joseph, to December 31st, 1825, 
Tidd William, to December 31st, 1825, 
Tuck Daniel, to December 31st, 1825, 
Thompson Arad, to December 31st, 1825, 
Tilden John, jr. to December 31st, 1825, 
Tucker I. George, to August 1st, 1825, 
Wild Jonathan, jr. to December 31st, 1825, 
Ward Julius, to December 31st, 1825, 
Woods B. George to December 31st, 1825, 
Wright David, to December 31st, 1825, 
Wheaton Jonathan, to December 31st, 1825, 
Wood Asa, to December 31st, 1825, 
Wright W. Joseph, to September 1st, 1824, 
Warner S. Franklin, to June 1st, 1825, 
Wright W. Simeon, to December 31st, 1825, 



19 


08 


33 


12 


17 


92 


25 


00 


15 


00 


50 


00 


25 


00 


8 


50 


14 


58 


15 


00 


25 


00 


4 


52 


25 


00 


13 


19 


25 


00 


11 


60 


35 


35 


25 


00 


25 


00 


12 


64 


30 


00 


18 


96 


15 


00 


5 


00 


25 


00 


15 


00 


25 


00 


15 


00 


8 


75 


25 


00 


25 


00 


34 


38 


25 


00 


25 


00 


25 


00 


16 


07 


35 


42 


25 


00 



332 MILITARY ACCOUNTS. 



Hauling »^rHllert/. 

Ames Galen, to December 31st, 1825, 6 23 

Allen Joseph, to December 31st, 1825, 35 25 

Briggs Enoch, to December 31st, 1825, 7 50 

Browning Joshua, to December 31st, 1825, 10 00 

Bump Richard, to December 31st, 1825, 7 50 

Center William, jr. to December 31st, 1825. 6 00 

Cook Levi, to December 31st, 1824, 18 00 

Colton Richard, to December 31st, 1825, 10 56 

Field M. Thomas, to December 31st, 1825, 8 50 

Flagg Elijah, to December 31st, 1825, 10 00 

Hartshorn Lewis, to December 31st, 1825, 10 00 

Hildreth Alvan, to December 31st, 1825, 9 00 
Harrington Nathan, jr. to December 31st, 1825, 12 .50 

Hoar Jonathan, to December 3 1st, 1825, 12 00 

Harrison John, to December 31st, 1825, 7 50 

Hatch Sylvanus, to December 31st, 1825, 13 00 

Johnson Amos, jr. to December 31st, 1825, 10 50 

Lynes Samuel, to December 31st, 1825, 30 00 

Lewis W. Joseph, to December 3 1st, 1825. 48 00 

Lloyd A. Joseph, to December 31st, 1825, 14 25 

Lane Calvin, to December 3 1st, 1825, 9 50 

Mason B. Jonathan, to December 31st, 1825, 11 OO 

Morrill Zebedee, to December 31st, 1825, 22 50 

Mosely David, jr. to December 31st, 1825, 7 50 

Merriam Amos, to December 31st, 1825, 12 00 

Maynard F. Daniel, to December 31st, 1825, 18 50 

Pierce Enoch, to December 31st 1825, 22 50 

Pierce Jonathan, to December 31st, 1825, 5 00 

Pratt W. Elias, to December 31st, 1825, 10 00 

Ramsdale Gideon, to December 31st, 1825, 10 00 

Smith L. William, to December 31st, 1825, 20 00 

Sanders W. George, to December 31st, 1825, 30 00 

Strong David, jr. to December 31st, 1825, 5 00 

Sumner Clark, to December 31st, 1825, 15 00 

Tapley Alvan, to December 31st, 1825, 10 00 

Tucker Joel, to December 31st, 182.5, 2 50 

Withington Lewis, to December 31st, 1825. 18 25 

Wood Horatio, to December 31st, 1825. 20 OO 



MILITARY ACCOUNTS. 333 

Wilson Jonathan, to December 31st, 1825, 10 75 

Wilder Martin, to December 31st, 1825, 10 Oa 

White Alpheus, to December 31st, 1825, 8 00 

Court Martial^ 

Holden at Greenfield, March 29, 1825, whereof Col. 
Nahum Bryant was President, 

Col. Nahum Bryant, 
Capt. Asyinah Searle, 
" Richard Colton, 
" James Ballard, 
Lieut. John Porter, 
Judge Mvocate^ Maj. Daniel Welles, 
Marshal^ Alanson Clark, 
Orderly Sergeant, Charles Hoyt, 
Witness, Noah Welles, 

Court Martial holden at Monson, January 3, 1826, 
whereof Col. Harvey Chapin was President, 

Col. Harvey Chapin, 

Lt. Col. Christopher Burbank, 

Capt. Enos Dickinson, 

Maj. Joseph Washburn, 

Lieut. Solomon Warriner, jr. 
Judge Advocate, William Bliss, 

Marshal, Maj. Edward Dickenson, 
Orderly, Ebenezer Bliss, 
Witnesses, Abner Brown, 

Reuben L. Nichols, 

Barak Keith, 

Richard Webber, 

Daniel P. Nichols, 

Harvey Blodget, 

William Nichols, 

Aaron Morgan, 
• Austin Burnett, 

Gad Hitchcock, 

Elias Turner, 
r. Emehus Bond, 

Royal Knight, 1 56 



11 


00 


8 


90 


7 


40 


7 


60 


7 


40 


13 


25 


6 


00 


2 


28 


2 


92 


1826, 


58 


00 


41 


40 


34 


30 


39 


00 


34 


00 


79 


75 


54 


10 


14 


88 


9 


64 


2 


62 


3 


64 


4 


78 


3 


12 


1 


06 


2 


12 


2 


62 


1 


06 


1 


06 


6 


44 


5 


28 



334 MILITARY ACCOUNTS. 

Levi Bliss, 1 56 

Stephen K. Whitwell, 1 06 

Joseph Luce, jr. 8 92 

Henry Lyon, 3 12 

Asa Lincoln, 5 12 

Julius Ward, 9 12 

Robert Andrews, jr. 7 28 

Lyman Pendleton, 1 62 

Palemon Moon, 3 98 

John Hoar, 2 24 
Services of Subpoenas. 

Asa Ward, ' 3 18 

Joseph Luce, jr. 1 46 

John Sedgwick, 50 

Joseph D. Browning, 2 42 

Aggregate of Roll JVo. 94» 

Expenses of State Paupers, 30,116 77 

" " Sheriffs and Coroners, ' 397 21 

" " Printers and Miscellaneous, 5,905 25 
" "v Aids de Camps to Major General, 173 30 

« " Brigade Majors, 396 00 

" « Adjutants, ' 1,785 86 

" « Hauling Artillery, 562 31 

" « Courts Martial, 518 76 

$39,855 46 



RESOLVE. 335 



Resolved, That there be allowed and paid, out of the 
Public Treasury, to the several Corporations and Persons, 
mentioned in this Roll, the sums set against such Corpora- 
tions' and Persons' names, respectively, amounting, in the 
whole, to thirty-nine thousand eight hundred and fifty-five 
dollars and forty-six cents, the same being in full discharge 
of the accounts and demands to which they refer. 

In Senate, March 2d, 1826. — Read and passed. 
Sent down for concurrence. 

NATHANIEL SILSBEE, President 

House of Representatives, March 3d, 1826. — Read 
twice, and passed in concurrence. 

TIMOTHY FULLER, Speaker. 

March 4th, 1826.— Approved, 

LEVI LINCOLN. 



44 



eommontQrattfi Of JH^^^acfiUi^etti^. 



SECRETARY'S OFFICE, MAY 5, 1826. 

I Certify, that I have compared the Resolves printed 
in this pamphlet, with the original Resolves passed by 
the Legislature, at their session in January, February, 
and March last, and that they appear to be correct. 

EDWARD D. BAJVGS, 

Secretary of the Commonwealths 



<Dommoi\^ea\t\\ of MassacVvusetts. 



House of Representatives, Feb. 22, 1826. 

Resolved^ That the Schedule, returned to this House, of 
the lands in Maine that have been alienated by sale, grant 
t)r otherwise, since the return made by the Land Agent 
February 1, 1820, be printed with the Resolves of this 
Session of the Le2;islature. 

Attest, ^ PELHAM. W. WARREN, C/er^. 



To the Honourable House of Representatives 

Of the Common-wealth of Massachusetts. 

Gentlemen, — In compliance with a Resolve of the Hon. 
House, dated the 24th ult. directing me to return Sched- 
ules of all the Lands in the State of Maine, that have been 
alienated, by sale, grant, or otherwise, since the return 
made by me Feb. 1st, 1820, in the manner and form of 
those returns, with an account of the changes that have 
taken place in the particulars of those returns, and of all 
other matters relating to the Lands in the State of Maine, 
which are recorded in the Land Office, regarding those 
subjects. I have attended to the duty required, with all 
the expedition that I was enabled to do, and herewith have 
the honor to transmit a Schedule of all the conveyances 
made since the abovementioned Schedule of 1st Feb. 1820, 
together with a statement of the Contracts for the sale of 
lands noted in the Schedule, with the consideration receiv- 
ed therefor. By which it will appear, that since the sep- 
aration of the State of Maine from Massachusetts, there 
have been sold 574,042 1-2 acres, for which the sum of 
Jg!86,.'>30 73 cents, has been received, in money and notes 
on interest from the date of the contracts. It is proper to 
observe, however, that the custom in this office has been, 
in the first place, to ^nter into contracts for the sale of the. 



338 SCHEDULE. 

lands, and receive 20 per cent, in money, the remainder in 
notes of hand, payable in five or six annual payments, ac- 
cording to the amount of said contracts, with inttirest, an- 
nually, from the date ; and when the notes are paid, deeds 
are executed , the consideration named in the deed is for 
the original amount of the contract, without including in- 
terest, so that the actual amount paid into the Treasury, 
interest included, would increase the aforementioned sum 
very considerably. The same is also the fact in relation 
to the former Schedule ; — and by the annexed Schedule 
it will appear that 263,400 acres Jiave been conveyed to 
Colleges, Academies, and other purposes, according to the 
munificent resolves of the Legislature. 

I have also subjoined an estimate of ^he number of acres 
now the property of this Commonwealth, amounting to 
5,091,527 acres. This estimate, it will be understood, is 
founded upon the principle that the boundaries of the 
State of Maine, are to remain without diminution, and is 
calculated (as must be obvious,) without such precision as 
to render the number of acres certain, yet I believe it will 
not be far from correct. A further division of the public 
land has been made, by which 422,025 acres have been 
assigned to this Commonwealth. This division will not 
vary materially the above calculation. 

The enclosed Schedule, together with the former Sched- 
ule, exhibits the total number of acres alienated, to be by 
sales, 4,943,012 1-2, and by grants, 1,338,329, in all, 6,28 f- 
341 1-2 acres, and the amount received for the lands sold is 
$982,812 40, exclusive of interest. In the conveyances of 
townships of six miles square, made before the separation 
of Maine, four public lots, of 320 acres each, were reserv- 
ed ; one for the first settled minister, his heirs and assigns, 
one for the use of the ministry, one for the use of schools, 
and one for the future disposal of Government, and in the 
same proportion for a half or a quarter of a township, 
the last mentioned lots have been divided one half to each 
State. Since the separation, three public lots, for the 
first mentioned uses, conformable to the act of separation, 
have been reserved in each deed ; these lots are included 
in the number of acres conveyed, although the purchasers 
of the townships were not charged wUh them. 



SCHEDULE 339 

I have also subjoined an account current/ shewing the 
amount received for the lands sold, for timber and grass 
cut upon the public lands, &c. amounting to the sum of 

$990,42132 
Amount of expenses for surveys, making loads, 

agents' services, and other incidental expenses, 94,342 99 

Leaving a balance or the net receipts of $896,078 33 

exclusive of the interest received on the several obligations. 
I have thus endeavored to illustrate the subject of the 
lands, in a manner, I trust, that will be acceptable to the 
Honorable House, avoiding, as much as possible, entering 
into unprofitable details. 

Which is respectfully submitted. 
By your most obedient servant, 

GEO. W. COFFIN, Land Jgent 
Land Office, 1st Feb. 1826. 



340 



SCHEDULE. 



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fa— ,- C fn ^ 
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t„~ ■■ - 


c o 


o 


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Acres 
Granted 


o o 


CI 


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SCHEDULE. 341 



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in — o 


vnin 


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l-M 1— 1-1 


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1819, 
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1817, 






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c-n a 


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o 0? 


S«82 


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•-( 1—1 



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igOl rf O CD eo r-l r-( 




c 



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a-sS-o-a -S-Brt -SoSm >, g G -S « M -» .2 

> > >-> i-a>-i,fa H>o H, X > < >-> ^ t-» o eu 



o^ z 



s^ 



342 SCHEDULE. 



(M 2 O} i2 

S 00 2 So 

I-l '^ 1-1 

fa tm ^ •-» 

-S -2 "S -S 

rfi »>! ^ ■^ 

o< »-< ot o t 

o o o o o o o 

(M o o o o o o 

CO Jj CO OJ CJOl 3^ 



2^ 
2^ 


2f5 

S2 




<u 






KS^ 








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t^ « 


CO-H 


1-1 cS 


oo 


oo 


CJO 


oo 


lO o 


T5< ^ 



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•= & 



"„ ^- lis :2^"=ccot^ '?*p:«' ^z 



^^eoTi<io^u„^-LO--c-s^^oSooooo.S^ -SSu 

95 *^ — — — 



^-p2 









llft^ e^ I J 





o 






be — 


c ~ a 


c <u 


MTS rt 


156 


Bartlett, 
dee Cushin 
s Woodwar 
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s Gilmore, 


am Hutc 

bitantsof 

Cousins, 


Will 
Inha 
John 





^^ 



kT C^J=t3 kS 2 S >-S"o Sort § 3 J2- jT 



oo ts 



'S 



SCHEDULE. 343 



§s 



CCCJ 



CC-pr: )^ <=> CD ■ o 






S § § a' 3 « ,aj 5 ^OJ » 3 r"" 



"a oa «JcoT3 "5 ^i- (Ma tc—r^ 5> c i^ 

„ := ,-3 g.^ .S „ .-o _c a, ^ S ^1 a a. 5 .-5 * S ^ 

er§o»i «„-^aj^'3 g^ .2"= '^'-S, '^ a-T^m^ o 

o>^s 03^ --3^6^ S'' ■ai-' oSP A^r^c-^S^u? ^ 

02^^ ^^•-J-J'^a ^^-g g^ ^n "^i^t^^-^ os 

•;n-^S 0=0 "o=> -2 ^<0 -S-<5-aj:5°-'"6£,'n a 

- ^ s D o =2 -r£ -!-— a> "^a 23 &cote-">cca >, >, - g 

--T !^-~ s-~'-*nfM 2 c« c3 > Q."- -e:" oB"?e*-§ 5-a— ^±1 -S 2 

^uit^ .JHJ •< cQ H o B a a c^ 1-3 

_r >^'~ no*; ' ^ ~~ 
^ >-> 2 I * 
a ^ S c3 

■= 2 *^ J ^ 






.30 

33 00)6 jQ o-S 



- -i ■'? ^ § 



■a SB a ' J. , S o 

1 f^ ^ S § :5 






^5P-t ^S-O a o H o«-' ? o 



Q. •.=. •-• ft. — ^ a *' 5 P i; &, 4 -s "> S 

III i§^-i»-|B 5 -r i I I I ^ 



O} ~ - 

CO <B 
rl a 

71 't -i 



«o 






45 



344 SCHEDULE. 



irt o 00 <-i oo 

«5 C O OJ 

CJr-(<Ml-l 



1 Cl (NO 

CO -^ >— 00 

,-1 00 00 r- 

CD ^ rl ^ 

'-;-:. o o o . '3 

fa fa fag 



MOl 


o 


o 




















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(t) 








rH T-H 




t-( 








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c 
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73 T3 -X! 


fafa 


o 

fa 









c o 



-*)i ic ««" o o Id o 

C>i t-( CO cc o o <» 

0> T-( 1-> — ( I-l (M 1— I 



■t^ -s; o 



P o'^'rt to «--0S -E ^ ™ s^ iv - 

^»-''^i;-i."'S°« - O P^ 5C30 0,0 _ 

4Mi6i-^B^^'°'^'^-M4^ -^s ^1(S -s^- 






_--5 o -s ^-t;; :S 2 -* « 00 r:; = = "^ © o - 1^ 



C A 



6 ® d * d d °a d^:: J d^-S 5=3 "§Ci ^^^| ^ ^ o^l'z =^^ » 



rt cs 






-«« ^ S 3 G ^ 



fa 5S '"^ 
O fa <J^ 



Chailes Hutching 
Robert Lowell, 
Reuben Grindal, 
Adam and Alexai 
Trustees of Farm 


a: s 


-3 ° 


Proprs. of the Ker 
or Plymouth C 

Josiah Lowell, 

John Darby, 

J. B. and J. Fiske, 
Laughlin, 

Eliakim Hutchinj 


John Grindal, 
Matthew Varnum 
J. and E. Bridges 


-SSsSSIoj-*" 


00 


t^ IOCS 01 

Oi Old :: 


(MS - 



S.b 



- ^;- ,i|- - fa 



SCHEDULE. 345 



OOWOOODOO 

r-ieOf-ioOf-ir-ioo^ 






OOt-iOO-^OO OO lOO L.0O "^ O H«H« --< o 

oooooiOQOOcorH OO 0:0 CJ« -^ o Ciio o 01 



10 C-J r-l e<? 



.s u .^ 



c 


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X «> 


M C 


& 


m 




-p-n 





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(Si 


r. 'n 





i-a — > "TS i^ ^3 -Q ro ^ 
0" rl 





eft •— S.o"">^i^ ti 5*^-*^^-'3 2^ •— S 

^■5 2g KZM--«oi.SggOT „<a .rs*® •-.(u-a cs'2 

oS «i5t^ t^ « ;o ■§ -r« -e .„- " -^ ^ 00 Oh -2 » -raj „^ « ^-JS 

=■ c 000 o o;2;(i.^2^Z'« § «> '^i2'^ ^'^■SZZiJ £2i5 ^ 

rt^ racatB nrtO°oo°cc'-'-a o'"o'~*o<"oo'»o'^o'^ 



>> ~ 



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to „ C 

= = ~ ~'o -S "S 4; — 

^ »^ >-; yj < >^ «3 Z h; <!a2 m< i-» >^ aa ■< «> 
5g o (No5gc^-H i-( 






34^ SCHEDULE. 



tD 00 b- o o to CJ o o o ira 

IC 00 in OJ O O CJ O 50 OD (M 

■— M '^ VO O ca C» O Cl CO o 

re (M LO (~r o <ri oo -<i< «5 1^ i» 

cr. O^O^ "^„ (^ *^„ ™i ^ <^'^'^. 



5 O O 



coo -CI-* CSJTfCJ O O t^ i^ O oo— < lOO 

o o o ■Tfi 00 «3 CO oi T»< TT ■>«> era "^ OJ Tf Ti< ojo 

i-< 1-1 1-1 C3 o_o}_co_ o_ o_ in_ 05^ o^ i.'i^o^o^^ c^_^, 

i^Ts^oT CO n o o" eo" i-Tco'qo" io~t6" 



1-1 OJ W OJ Ci 






■S 



« ^ 



g C c -so ^'- g =* aj - >- 2 ••r'*: "- 2-=-5 "-2 *- "- 



Q. EU 



o**"Os.«. o'"'=o='Oo^o'^"5^o'** o5>-co oo 

1-3 u- - 1-3 <r* H H H p H Pg) HEh ^H 

*o- cog S "^ 

PS _ f»fa 



sT . . 



«8 <« 






li 



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2 c 



,-- S o ££ S£ *^^ £ -t "^ £^ O 5 

5 PQ 'c 5S ,=« . «> 3 c "^ « i; r-"" t, S * . S 



'^^£=^ £fo S-5 5 £^ o § = ^S 





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b4 




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SCHEDULE. 347 






: ^ 



— be cir^ '^ — 

?T3 c J2 



_r -s '^ **" -^ '--e 
!-< t: ;? o « 'H T, 



H <; <i < < <; ^ H 1-3 H <i ^ ^_ 



cs :;; rs 



-^ >^ ;r 



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5 OS O J3 






M^^'^z: "gsa 



348 SCHEDULE. 



1-1 o o o© coci S2P2J S 

oi M -< laoj (Nco J2 52 "^ ^ 

(7? ,_, ,-, J^ >H — 4 CO ■>* i-l CN 



'O CO 



OO OCO COOiO o o o 

WM i-t ^i?rH <i6 CO «> 



- w _ 5, Q ;_^ 1- _ c 2 ;i - 



coco s^-<n 5tim"2-fi3 ^2 S*^ o5-S ci;2^ '"c 

",-r2i C ^eCS:;s^^2 S^ a)o« ~'-'3ieC"- -S^l 

KfcS'^OJ — -^QjO »jOOme _KOo>06^riO^Z^®S'^<i' 









20 



- *- ^S trii 2 In *„ ^ « 

w 42 .-s j= --pa J- oj >. > > .S, IS 

S S ^11 II (SI ^^i -3 "S 



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SCHEDULE. 349 



i-i CO ci •* i-( lo 



t^ifii O aa u. 












K 



O « 





C4 




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&r 


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^^ 


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C3 

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^93 


Pi 


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;?5 m 



s ts. 



O 



eo — < 

00 a, 
^ a) 2 
02 



350 SCHEDULE. 



^ CO 



0_-trl O OU510000 lO oo 



•==«cct^« '"■5-^'S'"c „-i*"OfOaj='io "O- _.-.S S *^ ^ 

w eg 



C J2 cd ■ — ■ 

> s § a 

^^ ^ 'I I 



> :. . 5 "= .2 s, 2 o" "^ -^ r 



o) _; 



^ a) 



C3 rj 






'3D O 

OJ CO 



SCHEDULE. 351 



M O 






O O f"* 

r- 3 
~ 1-9 



00 


.•J 


CO 


I-H 


3 


CO 


S 


2 




CO 


m 




i-s 


1-5 


s 


J= 


x: 


3 


t^o 




OlM 





o o o o o o 

O O 00 O OJ o 
9i 




OH ^ ffio ^>^ (^^ < B>g >:? >g cS <-<3 



1^3 t>. 






46 



352 SCHEDULE. 



oo 




oo 


ooo ooo 

O O O 1-1 o 


lO oo 

(MQOTT 


O Tf 


00 00 


t^ o 

CD CO 


O CO -^ (TJ lO 
t>» GO J> Ci C3 


aOTj<o 

Tl Tf CO 



o o o o o 



^\ 



m ^ 



o o 


M O 


OO 


O O --i s. c_- 


t^wt o 


O 


o 


t»o 


o o 


ffOO 


o o 


t>. o o c; o 


o t^o 


o 


o 


oo 


COrH 


<Mi-i 


o<^ 




r^ T-H 






I-( I-< 








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1-4 


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*£ 


c 
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m 






& r^ 



I -a S g ■2--g <» -I -a g ^ 3 -S 6 2 



o) _:: 



o oo r- :S J 8 ^ ~ "^ S cTiCu-fcj t « <^ r;: ^ § S ^ - "1 £ = ^ '^ C§ 
%6°^ = 0;° S c §^d 6 6 6 o«^ o 6 .Z^^ ^ o £ «^^ fl 
Coo'^'"oo"^oc:--'ooooo^coo-"o'~o'^o-a*"eij*'^ 



•^ Q5 ^ ^ ^ ■* S 






00 >, bo^ 



SCHEDULE. 353 



§; 



'O ''O ^O '^ T3 'U 



oo 


eo 


o 


O00C3O 


oo 




o 


o woa> 


to CO 


coci 


00 


ic CO oi c> 


IC l>. 


rr lO 


Oi 


0{J> CD 


'^ 


1-H r- 


*"* 


r-, n^ 








.JS 








g" ^ 








b.'-'eo 








^OO X> 


o o 


o o 


o 


o "= = d 1 


-o -u 


rO-O 


T3 








J ^ >-» 






















o o 








t-HCO 



-ts-ci Mfcr _ 

o o n< o to Oi 1-1 o c© o o to 

i-HTfcocj 1-100 -^ o oo o» oo 



rH O 



3 t> t^ o — * m"? S cs to a> cS H 

0)CS O 0^"0-0^_'^?'ci<-«at-oO -C^ft, <( a3 afi* 

= = ~-=Tre ^-^"t: ^^s g-g^ " s I « :; --ca:^ 



sSNo-orS^-l^ofSJSS^giiSM .to^-^ --(goo 

— ^c^_-S-3- =..*-' ar=^S=3'-'J_- -;o- 



« *- S 



V.2 £ 



r-t ' - . 
— '^ c ^ ^ 0?^ 

o"''^oo^S>2^^Q>raBWrta2Tj.«^ o-o ~ o-o-a 
50 mJJHH jH J ,J ^ E-" ►J'JJjE-' 



oi 3 a 

i -° 



O -T 

■o*3 



S §o|g c® t2 « rt-c!^<» o-o-g e* 



s;^ 



- Q 



CO to 


3 (M 


i^ t>. so 


VOr-1 


1—1 


eo ot 


Nov. 
182 
Feb. 


3 c3 





354 



SCHEDULE. 



o 

o 


s? 


MOOO 
CO C OO 


(7JO 


OO 
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fe 


o 








■^ r-l 




o 
to 


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a 






00 


00 


of 

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o 


CTi 


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r-l 


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o_^ 

1-H 


1,338,3 












c*? 


H« 




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O 1> 


COO 


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c* 


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CM 


too 




O 


CIO 


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»-• 




CO 


CO 


coco 1 

1— 


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1-1 


I-H 


o„ 

Lo 


CI 
CO 


o 
cf 



>- =; 3 

eco - 

& 6 ® 
22:3 



CO t^r-s 

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bc: 






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ID 



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2 £ 



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Q. r — 



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t» o M 

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a> 



r4"cf^ 
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1 s c 5 



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ci 


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3 Bac 
of Je 


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0^.45: 



ko ;? 



SCHEDULE. 



355 





QD 


o 


in 


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00 


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ce 


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CO 


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CO 


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00 


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go 


■^i>r 


T-T 






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05 




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t^co 


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TjT 


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s^ 



02 S 



(D d) 

C IS 

CO 5 

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S 3 



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9 
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13 



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o o o 

iO lO IC 



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11 



13 



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ni ^ <! .-S 

->^ HH <^ l-» 

JJ o o o 






356 



SCHEDULE. 



o 



in Tf r>. 



8 


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fe 




1 


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in 





1^ 

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02 



l'T3'T3'S 



o c 



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cSPh J? 



TS 



a> 



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pq 









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SCHEDULE. 



357 



IC 


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P^ 



TO RESOLVES 

PASSED IN JANUARY, FEBRUARY, AND MAR CH, 1826. 



A. 

Academy at Bridgewater, grant to trustees of, ... 290 

jAccounts, Committee of, their Roll for January, 1826, . . 313 
Allen Lydia, allowed to cause estate of her son, L. H. Allen, to 

be sold, 282 

Arms Aaron, administrator, authorized to apply certain real es- 
tate to support of Esther Robinson, .... 285 
Attorney or Solicitor General, to institute process against bonds- 
men of the late Register of Probate in Berkshire, . . 312 

B. 

Banks, next returns of, to contain additional item, . 313 

Blood iVIoses, grant to, for wound in battle of Bunker Hill, . 302 

Boundary Line between Massachusetts and Connecticut, opinion 

of Legislature respecting, expressed, .... 275- 

Boundary Lines in Maine, National Government requested to 

adopt measures respecting. ...... 295 

Bridge from Bellisle to Chelsea, process to be instituted against 

proprietors of, ........ 269 

Bridgewater Academy, grant to trustees of, ... . 290 

Bunker Hill Battle, former grant to survivors of, extended, . 269 
Byington Horatio, grant to, for services as Register of Probate, 

pro tem. 294 



CIVIL GOVERNMENT 

OF THE 

CommonUjeaUfi of 3l^^mHtf%nntH^, 

FOR THE POLITICAL YEAR 1826... 7. 



HIS EXCELLENCY 



LEVI LINCOLN, ESQUIRE, 



GOVERM'OXI. 



HIS HONOR 

THOMAS L. WINTHROP, ESQ. 



COUNCIL, 
HON^. THOMAS WESTOIV, 
• NATHAN CHANDLER, 
" NATHAN WILLIS, 
" EDMUND CUSHING, 
" JAMES FOWLER, 
'' JAIRUS WARE, 
*' JACOB HALL, 
" HERCULES CUSHMAN, 
'' JOHN MERRILL. 



EDWARD D. BANGS, ESQUIRE, 

Secretary of the Commonwealth. 

HON. NAHUM MITCHELL, 

Treasurer and Receiver General of the Commonwealth. 



SENATE. 



HONORABLE JOHN MILLS, 

PRESWEJVT. 



SUFFOLK DISTRICT. 

Hod. James T. Austin, Hon. Nathaniel P. Russell, 
David Sears, Thomas Kendall, 

Samuel Billings, David Henshaw. 

ESSEX DISTRICT. 

Hon. John Prince, Hon. Amos Spaulding. 

Stephen White, Caleb Cushing, 

Asa T. Newhall, Israel Trask. 

MIDDLESEX DISTRICT. 

Hon. Leonard M. Parker, Hon. Luke Fiske, 

John Ke3^es, Benjamin F. Varnura. 

Abel Jewett, 

PLYMOUTH DISTRICT. 

Hon. Joseph Richardson, Hon. Peter H. Peirce. 

NORFOLK DISTRICT. 

Hon. Josiah J. Fiske, Hon. Henry Gardner. 

"William Ellis, 



SENATE. 363 

BRISTOL DISTRICT. 

Hon. John Mason, Hon. Joseph Tripp. 

Solomon Pratt, 

WORCESTER DISTRICT. 

Hon. Jonas Sibley, Hon. Nathaniel Houghton, 

Joseph G. Kendall, Bezaleel Taft, Jr. 

Wm. Crawford, Jr. 

HAMPSHIRE DISTRICT. 

Hon. Israel Billings, Hon. Charles P. Phelps. 

HAMPDEN DISTRICT. 

Hon. John Mills, Hon. Joshua Frost. 

FRANKLIN DISTRICT. 

Hon. George Grennell, Jr. Hon. William Whitaker. 

BERKSHIRE DISTRICT. 

Hon. Samuel Shears, Hon. Peter Briggs. 

BARNSTABLE DISTRICT. 

Hon. Nymphas Marston. 

NANTUCKET DISTRICT 

Hon. Barker Burnell. 



Paul Willard, Esq. Clerk. 
John Farrie, Jr. Esq,. Assistant Clerk 
Rev. Francis Wayland, Chaplain. 
William H. Barnes, Page. 



HOUSE OF REPRESENTATIVES 



HOJV. WILLIAM C. JARVIS, 

SPEAKER. 

COUNTY OF SUFFOLK. 

Boston, William Barry, 

Adam Bent, 
Abner Phelps, 
Thomas Welsh, Jr. 
Fessenden Clark, 
Charles Wells, 
John K. Simpson, 
Prentiss Hobbs, 
Daniel Baxter, Jr. 
Andrew Dunlap, 
Samuel Austin, Jr. 
David L. Child, 
John T. Winthrop, 
John B. Davis, 
George W. Adams. 

Chelsea, Joseph Stovver?, 

COUNTY OF ESSEX. 

^Jmesburtj: Lowell Bagley, 

^^ndover. William Johnson, Jr 

Beverly, Robert Rantoul, 

Oliver Obear, 
William Thorn dike 



HOUSE OF REPRESENTATIVES. 



36rv 



Boxford, 

Bradford, 

DanverSf 

Essex, 
Gloucester, 

Hamilton, 
Haverhill, 
Ipswich, 

Lynn, 

Lynnfield, 

Manchester, 

Marblehead, 

Methuen, 

Middleton, 

JSTeivbitry, 

Keiohiiryport, 

Rowley, 
Salem. 



Rufus ChoatCj 
Jonathan Shove, , 

Zechariah Stevens, 
Elias Davison, 
Temple Cutler. 

Joseph Farley, 
George W. Heard. 
Ezra Mudge, 
William B. Breed, 
Josiah Newhall, 

Benjamin Knight. 
Stephen Barker, 

Moses Little, 
Daniel Adams, 
John Coffin, 
Robert Cross, 
Samuel Pickard, 
Nathaniel Frothingham^ 
Joseph E. Sprague, 
Joseph Ropes, 
John Pickering, 
David Cummins, 
Stephen C. Phillips, 
Joseph H. Prince, 
Nathaniel West, Jr. 
Benj. Crowninshield, 
Joseph G. Waters, 



366 



HOUSE OF REPRESENTATIVES. 



Salisbury, 


Dudley Evans, 


Saugtis, 


John Shaw, 


Topsfield, 




Wenham, 




West Newbury, 


Moses NewelL 


COUNTY OF MIDDLESEX. 


Acton, 


Francis Tuttle, 


Ashby, 




Bedford, 


William Webber, 


Billerica, 


John Baldwin, 


Brighton, 


Francis Winship, 


Burlington, 




Cambridge^ 


Newell Bent, 




William J. Whipple, 




Isaac Train, 


Carlisle, 


John Heald, 


Charlestowii^ 


William C. Jarvis, 




Oliver Ilolden, 




Philemon R. Russell, 




Benjamin Whipple, 




David Stetson, 




John Harris, 



Chelmsford, 

Concord, 

Dractd, 

Dunstable, 

East Sudbury, 

Framingham, 

Groton, 

Holliston, 

Hopkinton, 

Lexington, 



Josiah Cummings, 
William Johnson. 
Charles Train, 
Samuel Dana, 

Nathan Phipps, 
John Muzzy, 



HOUSE OF REPRESENTATIVES. 


Lincoln, 




Littleton, 


Ithamar Beard, 


Lowell, 


Nathaniel Wright, 


Maiden, 


Cotton Sprague, 




Edward Wade. 


Marlborough, 




Medford, 


Thatcher Magoun, 




John B. Fitch, 


JVatick, 




JVeivton, 


John KenricL 


Pepperell, 




Reading, 


Joshua Putnam, 




Joshua Prescott, 


Sherburne, 


Calvin Sanger, 


Shirley, 




South Reading, 


Thomas Emerson, . 


Stoneham, 




Stow and Boxboroiigh, 


Augustus Tower, 


Sudbury, 


Abel Wheeler, 


Tewksbury, 


Jonathan Brown, 


Townsend, 


Aaron Warren, 


Tyngsborough, 




Waltham, 


David Townsend, 


Watertoivn, 


Seth Bemis, 


West Cambridge, 


Thomas Russell, 


Westford, 




Weston, 


Nathan Hobbs, 


Wilmington, 




Woburn, 


John Wade. 



361 



4? 



368 HOUSE OF REPRESENTATIVES. 

COUNTY OF WORCESTER. 

Ashhurnham^ 



Athol, 


1 


Barre, 


Charles Sibley, 


Berlin^ 




Bolton, 




Boylstoii, 




Brookjield, 


Henian StebbinSj 


Charlton, 


James Boomer, 


Dana, 




Douglas, 


Benjamin Craggin. 


Dudley, 




Fitchburg, 


Francis Perkins, 


Gardner, 




Graftmi, 




Hardioick, 


Samuel Billings, 


Harvard, 




Holden, 


Ethan Davis, 


Hubbardston, 




Lancaster, 


John Thurston, 


Leicester, 


Emory Washburn, 


Leominster, 


Joel Crosby, 


Lunenburg, 




Mendon, 


Esek Pitts, 




Daniel Thurber, 


Milford, 


John Claflin, Jr. 


Milbury, 




JVew Braintree, 


Joseph Bowman, 


JVorthborough, 




J^orthbridge, 




J^orth Brookfield, 




Oakham. 




Oxford, 


Richard Olney, 



HOUSE OF REPRESENTATIVES. 



369 



Paxton, 

Petersham, 

Princeton, 

Phillipston, 

Royalston, 

Rutland, 

Shrewsbury, 

Southborough, 

fSouthbridge, 

Spencer^ 

Sterling, 

Sturbridge^ 

Sutton, 

Templeton, 

Upton, 

Uxbridge, 

Ward, 

Westborough, 

West Boylston. 

Western, 

Westminster, 

Winchendon, 

Worcester, 



Charles Russell, 
Joseph Kiiowlton, 
Stephen Batcheller, Jr. 

Balch Dean, 
Perley Whipple, 



Jonathan Wilder, 
Amasa Child, 



Joseph Thayer. 



Isaac Patrick, 
Timothy Doty. 

John W. Lincoln, 
Otis Corbett, 
Samuel M.Burnside. 



COUNTY OF HAMPSHIRE. 

Jmherst, Timothy J. Gridley, 

Belchertowiij William Bridgman, 

Chesterfield, Dyar Bancroft, 

Ciimmington, Eliphalet Packard, 

East Hampton, John Ludden, 

Enfield, Ephraim Richards, 



370 



HOUSE OF REPRESENTATIVES. 



Granby, 

Goshen, 

Greenwich, 

Hadley, 

Hatfield, 

Middlefield, 

JVorihampton^ 



JVorwichj 

Pelham, 

Prescoif, 

Plainfield, 

South Hadley^ 

SonthamptoUy 

Ware, 

Westhampton, 
Williamsburg, 
Worthington, 



Enos Smith, 

Laban Marcy, 
Moses Porter, 



John Taylor, 
Thomas Shepherd, 
Charles E. Forbes, 
EHsha Strong. 



John Hamlen, 
Joel Hayes, Jr. 
John Lyman, 
William Paige, Jr. 
Alpheus Demond, 



Elisha Hubbard, Jr. 
COUxNTY OF HAMPDEN. 



Blandford, 

Brimfieldy 

Chester, 

Granville, 

Holland and S. Brimfield, 

Longmeadow, 

l/udlow, 

Monson, 

Montgomery^ 

Palmer, 



Reuben Boies, Jr. 

Hezekiah Robinson, 
Leonard M. Morris, 
Elijah Colton, 

Luther Carter, 

Asa Ward, 



HOUSE OF REPRESENTATIVES. 



371 



Russell, 

Southwick, 

Springfield, 



Tolland, 
Westfieldi 



West Springfield, 
Wilbraham^ 



\ 



Gideon Stiles, 
George Bliss, 
Jonathan Dwight, Jr. 
Jesse Pendleton, 
William B. Calhoun, 
William H. Foster. 

Aaron Sibley, 
David Wright, 
Charles Douglas, 
Caleb Rice, 
Alfred Flower, 
Abel Bliss, 
Dudley B. Post. 



COUNTY OF FRANKLIN. 



Ashfield, 

Barnardston, 

Buckland, 

Charlemont, 

Colerain, 

Conway, 

Deerfield, 

Gill, 

Greenfield, 

JSawley, 

Heath, 

Leverett, 

Leyden, 

Montague, 

Monroe, 

JSTew Salem^ 



John Brooks, 

Sylvester Maxwell, 
Charles Thompson, 
Ira Amsden, 
Elihu Hoyt, 
Josiah Clarke, 
Daniel Wells, 
Edmund Longley, Jr. 
Luther Gale, 

George Mowry, 
Jonathan Hartwell. 



372 HOUSE OF REPRESENTATIVES. 

JSTorthJield, Thomas Mason, 

Orange, 

Rowe, 

Shelburne, 

Simtesbury, 

Sunderland, 

TVarivick, 

Wendell, 

Whately, 



John Conkey, 
Horace W. Taft. 
Jonathan Blake, Jr. 



Mams, 

Mford, 

Becket, 

Cheshire, 

Clarksburg, 

D alt on, 

Egremont, 

Florida, 

Great Barrington. 

Hancock, 

Hinsdale, 

Lanesborough, 

Lee, 

Lenox, 

Mount Washington, 

J^ew Ashford, 

J^ew Marlborough, 

Otis, 

Peru, 

Pittsjield, 

Richmond, 



COUNTY OF BERKSHIRE. 

James Mason, 



Joshua Mason, 

Uriah Sornborger, 

George Beckwith, 

Selden Spencer, 
Henry Shaw, 
Hubbard Bartlett, 
Charles Mattoon, 



Isaac Turner, 
Lester Filley, 

Samuel M. McKay, 
Matthias R. Lanckton, 
William S. Leadbetter, 



HOUSE OF REPRESENTATIVES. 373 



Sandisfield, 

Savoy, 

Sheffield, 

Stockbridge, 

Tyringkam, 

Washington, 

West Stockbridge, 

Williamstoivn, 

Winsor, 



George Hull, 

Abijah Curtis, 
Samuel Jones. 
Lawson D. Bidwell, 



Robbins Kellogg, 
Stephen Hosford, 
Ephraim Baldwin. 



COUNTY OF NORFOLK. 



Bellingham, 

Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dorchester, 

Foxborough, 

Franklin, 

Medfield and Dover, 

Milton, 

Medway, 

J^eedham, 

Qiiincy, 

Randolph, 

Roxbury, 



Sharon, 

Stoughton, 

Walpole, 

Weymouth, 

Wrentham, 



Minot Thayer, 
John Robinson, 
Thomas French. 

Richard Ellis, 
Nathaniel Minot, 
Seth Boyden, 
Lewis Fisher, 
William Felt, 
Francis Davenport, 
Warren Lovering, 



Seth Mann, 
Ebenezer Seaver. 
Isaac Davis, 
Joshua Seaver, 



Leonard Tirrel, 
Ebenezer Blake. 



374 HOUSE OF REPRESENTATIVES. 
COUNTY OF BRISTOL. 

William Blackington, 



Attleborough^ 

Berkley^ 

Dartmouth^ 

Dighton, 

Easton, 

Fair haven, 

Freetoivn, 

Mansfield, 

•Yew Bedford, 

JYorton, 

Raynham, 

Rehoboth, 

Seekonk, 

Somerset, 

Swansey, 

Taunton, 

Troy, 

Westport, 



Holder Slocum, 
Nathaniel Wheeler, 
Howard Lothrop, 
James Taber, 
Job Morton, 
David Skinner, 
Thomas Rotch, 
Jacob Shepard, 



Robert Daggett, 

Benjamin Taylor, 
Job Godfrey, 



COUNTY OF PLYMOUTH. 



Ahington, 

Bridgewater, 

Carver, 

Duxbury, 

East Bridgewater, 

Halifax, 

Hanover, 

Hanson, 

Hingham, 

Hull, 

Kingston, ^ 

Marshfieldf 



Seth Sprague, jr. 



Melzar Curtis, 
Thomas Hobart, 
Benjamin Thomas- 



Bourn Thomas 



HOUSE OF REPRESENTATIVES 

Middleborough, Seth Eaton, 

JSTorth Bridgeioater, 

Pembroke, 

Plympto?i, 

Plymouth, 

Rochester, 

ScituatCy 

Ware ham. 

West Bridgewater, 

COUNTY OF BARNSTABLE. 



3iS/l 



Josiah Robbins, 
Charles J. Holmes. 



Barnstable, 

Breivster, 

Chatham^ 

Dennis, 

Eastham, 

Falmouth, 

Harioich, 

Orleans, 

Provincetoton, 

Sandivich, 

Truro, 

Wellfleet, 

Yarmouth, 



Jabez Howland, 
Elijah Cobb, 
Richard Sears, jr. 



Thomas Fish, 

John Doane, 
Thomas Rider, 
Benjamin Burgess, 



Chilmark, 

Edgartown, 

Tisbury, 



DUKE'S COUNTY. 



Daniel Fellows, jr. 
John P. Norton, 
COUNTY OF NANTUCKET. 
Nantucket, Hezekiah Barnard, 



PELHAM W. WARREN, Clerk. 

REV. WILLIAM JENKS, Chaplain. ♦ 



JACOB KUHN, Messenger to the General Cowt. 
ELIJAH W. CUTTING, Assistant Messenger. 
EDMUND TOWN, Page to the Home. 
50 



6 



i 



RESOLVES 

OF 

THE GENERAL COURT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS ; 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAT, THE THIRTT-FIRST OF MAY, AND ENDED 

ON TUESDAY, THE TWENTIETH OF JUNE, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY-SIX. 

GOVERNOR'S SPEECH. 



Representatives' Chamber, June 6, 1826. 
At 11 o'clock, A. M. agreeably to assignment, the two 
Houses assembled in Convention, when His Excellency 
the Governor came in, preceded by the Sheriff of Suf- 
folk, and attended by His Honor the Lieutenant Gover- 
nor, the Honourable Council, and the Officers of State, 
and delivered the following 

SPEECH : 

Gentlemen of the Senate, and 

Gentlemen of the Bouse of Representatives, 

It is with animating considerations of encouragement 
to renewed and devoted exertions in the public service, 
that I find myself sustained by the confidence of my Fel- 
low Citizens, in the integrity of the motives to my official 



378 GOVERNOR'S SPEECH. 

conduct, during the past year, and it is with the deepest 
sense of obligation to increased diligence, impartiality, 
and a regard to the public interest, imposed by the ex- 
pression of this confidence, in my re-election, that I again 
enter upon the discharge of the duties of this high station. 
In an administration of government, resting for support 
upon popular opinion, it is hardly to be expected, that 
any course of general policy will meet with entire appro- 
bation; nor in the free and voluntary exercise of the 
right of suffrage, is it reasonably to be looked for, that 
the personal character and qualifications of a candidate 
for public favour, will be universally acceptable. — Least 
of all, did the individual, who is now permitted the honor 
of addressing you, hope for more than a generoOs indul- 
gence to unintentional error, and the exercise of a candid 
judgment upon the principles and measures, which the 
responsibility of his situation and his conscience required 
him, faithfully and fearlessly, to avow and to pursue. 

The short period w^hich has elapsed since the close of 
the unusually laborious session of the last Legislature, 
has furnished few new subjects of public interest, for 
Executive communication, and the invariable custom of 
this Government, sanctioned by considerations of general 
convenience, dispenses with the devotion of much time 
to the concerns of ordinary legislation, at the present' 
season of the year. The government being fully orga- 
nized, the wishes and interests of our constituents, will 
probably be best satisfied, by a preparatory disposition of 
measures for more leisure attention, at the winter ses- 
sion, and will leave you at liberty to consult your per- 
sonal accommodation, in conforming to the usual prac- 
tice, by an early adjournment. I have pleasure in in- 
forming you, that I know of no business, which will par- 



GOVERNOR'S SPEECH. 379 

ticularly interfere with such an arrangement, in the ex- 
ercise of your discretion. 

Although these suggestions are respectfully made from 
a view to the general condition of the Commonwealth, in 
the common course of the administration of its affairs, yet, 
they will not, I trust, be regarded as the manifestation of 
any indifference or of change of opinion, in reference to 
the advancement of those high objects of public improve- 
ment, which have heretofore been presented for legisla- 
tive consideration. Indeed, further inquiry and reflection, 
with extended means of information, have but strength- 
ened the opinion, that the important interests of the peo- 
ple can only be preserved, and the honor and prosperity 
of the State promoted, by a system of governmental en- 
terprize, and liberality, in accordance with the spirit of 
the age, and commensurate with the opportunities which 
the bounty of nature and human genius offer to their in- 
dulgence. While all around is in a state of advancement, 
can Massachusetts alone remain stationary, without pre- 
judice? Are stupendous works of public improvement 
to be elsewhere constructed, opening new lands to settle- 
ment, new markets to population, rewarding the labours 
of industry, pouring riches into the treasury of states, and 
creating lasting resources for the support of civil govern- 
ment, and for the encouragement of the noblest institu- 
tions of learning and the arts, and this ancient Common- 
wealth, in indifference and inertness, suffer nothing from 
the comparison ? Not so was the forecast of our wise 
and clear-sighted ancestors, even in the earliest periods 
of their Colonial and Provincial history. Whatever tend- 
ed to distinguish their condition above that of others, to 
improve the prospect of the future, to secure to the 
generations of their posterity a great and lasting benefit, 



* 380 GOVERNOR'S SPEECH. 

was anxiously and perseveringly pursued; and for most 
of the peculiar blessings of which we are now in the en- 
joyment, we are indebted to their enlightened views of 
the public good, and their disinterested devotion to pub- 
lic objects. Unheeding all personal gratifications, they 
looked forward to the greatness of the people, of whom 
they were to become the progenitors. In self-denial and 
suffering, and of their pittance of worldly substance, they 
laid deep the foundations of national strength and glory. 
To the churches and the schools, and to the permanent 
improvement of the condition of society, they applied 
the utmost of their limited means. With them, every 
thing was for the common weal, for the hope of the fu- 
ture, for a better and brighter condition to those who 
should come after them. If their example be not a re- 
proach to the indulgence and supineness of the present 
day, still, upon what shall we rest for proof of its wor- 
thiest imitation ! If they planted the free schools of Mas- 
sachusetts, shall not toe cherish the cause of learning, with 
our kindest care ? If they founded institutions of civil 
government, for the promotion of the general welfare, 
shall ive not improve them, to advance the best interests 
of the age in which we live, and in our day also, add 
something of value, to the inheritance of those who shall 
succeed to us ? These inquiries belong to public men. 
It is in accordance with the genius of a popular Govern- 
ment, that the constituted agents of the people execute 
\ the public will, nay even, that often, by anticipation, they 
take the responsibility of its ultimate approval, in mea- 
sures which are clearly within the delegated authority, 
and are suggested by the sound dictates of a liberal and 
enlightened judgment. The intelligence of the people is 
not so much exercised in the direction of precise acts, 



GOVERNOR'S SPEECH. 381 

as the expression of general principles, and the mode in 
which these are most efficaciously to be illustrated, is 
usually submitted, with a generous confidence, to the dis- 
cretion of those whom they voluntarily appoint, to repre- 
sent and to act for them. 

Among the many advantages resulting from a frequent 
recurrence of elections, is the knowledge which is 
thus obtained of public sentiment, on subjects, which 
have previousl}^ engaged official attention. Since the in- 
teresting discussions of the last Legislature, upon the 
general topics of education, and of a system of measures 
in relation to the resources and internal improvements 
of the Commonwealth, an opportunity has been affi)rded 
for an expression of the opinions which are entertained 
by the great body of the people. Coming as you now 
recently do. Gentlemen, from every part of the State, it 
cannot be difficult to determine upon measures, which the 
interests of the conimunity require, and your Fellow Cit- 
izens are prepared to sustain. It becomes my duty, 
respectfully to invite your deliberations upon such of them 
as were postponed for further consideration, and your at- 
tention to others, which have peculiar application to the 
character of the times and the existing circumstances of 
the Commonwealth. 

Of the most important of the referred business, was the 
proposition for the establishment of a Seminary of practi- 
cal Arts and Sciences. A Committee of the House of 
Representatives having been charged with a revision of 
this subject, it will probably be addressed to you, under 
the favorable circumstance of their intelligent expositions. 
It must be worthy of serious regard, that the means of 
instruction should keep pace with the increased and 
increasing population of the State, and are, at all times, 



382 GOVERNOR'S SPEECH. 

wisely adapted to the pursuits and requirements of the 
people. The system of education, as now supported by 
the provisions of law, has but little changed with all the 
astonishing changes which a half century of national in- 
dependence, of vicissitude from poverty and privation to 
public and private prosperity, wealth and luxury, have 
produced. Whatever improvement has been made is 
rather in the character of the books used in instruction, 
than in the manner of imparting it, or the branches of learn- 
ing which are taught. The business of Society urgently 
demands great alterations in these particulars. New chan- 
nels of business, new interests and objects, and other and 
different capacities for their proper management, require 
a conformity in the course of preparatory education. The 
qualifications of Instructors deserve much more of care 
and attention. To the great honor and happiness of the 
Commonwealth, this employment has become an ex- 
tensively desirable and lucrative occupation. It may be 
safely computed, that the number of male Teachers engag- 
ed by the Towns annually, for the whole or parts of the 
year, does not fall short of twenty Jive htmdred different 
individuals, to which, if the number of female instructors 
and those employed in private schools be added, the ag- 
gregate woi'ld amount iomany thousands. Knowledge in 
the art of governing, and a facility in communicating in- 
struction are attainments in the teacher, of indispensable 
importance to proficiency by the pupil. These talents 
are as much to be acquired by education, as are the sci- 
ences themselves. It will well merit the consideration of 
the Legislature when discussing the expediency of the insti- 
tution of the proposed Seminary, whether provisions for the 
preparation of a class of men to become the instructors of 
youth in the public Schools, in branches of learning adapted 



GOVERNOR'S SPEECH. 383 

to the present condition and wants of the Country, is not 
among the highest of the inducements to the measure, and 
should be an object of primary and definite arrangement 
in its adoption. 

The difference of opinion which existed between the 
two branches of the Legislature, the last year, left under 
termined the expediency of a modification x)f the laws re^ 
lating to the personal liabilities of corporators in Manu- 
facturing establishments, and renders proper a recurrence 
to the subject, on this occasion. The number of Corpo- 
rations already created, and the immense amount of capi- 
tal employed in their operation, must prevent the possi- 
bility, hereafter, of a successful competition with them in 
business by individual means, and presents the single en- 
quiry, whether these public establishments can advanta- 
geously be multiplied and encouraged. The period has 
long since passed in which the manufacturing interest 
could be regarded as unfavourable to commerce, or in- 
consistent with the prosperity of an agricultural people. 
Domestic fabrics now furnish the means of extensive 
trade, and the best markets for the products of the soil 
are found at the doors of our own workshops. The sur- 
prising influence of these institutions, in promoting the 
general improvement of the Country, may be witnessed 
wherever they are situated. Look but to the villages of 
Lowell and of Ware, places where the very wastes of 
nature, as if by the magic of machinery, have been sud- 
denly converted into scenes of busy population, of useful 
industry, and of wealth ! Regard the effect, in a financial 
point of view, upon the resources of the Government ! 
The former valuation of the towns of which the sites of 
those villages were, but recently, the mere by-places, hard- 
ly exceeded the amount of property, which has been thus 
51 



384 GOVERNOR'S SPEECH. 

artificially created ! At the same time, the neighbouring 
estates have appreciated, the value of farms has been en- 
hanced and their cultivation encouraged, by an increased 
demand for their produce. The physical force of the State 
is strengthened, by the organization of additional corps of 
militia, from an augmented population, — and its moral 
condition improved, by affording occupation to a class of 
poor and dependant families, which before were in idle- 
ness, for want of the means of employment, and in igno- 
rance from a denial of opportunities for instruction. Let 
it not be said, that these results show, that there is no 
occasion for the proposed modification of the laws. Many 
and great as are the improvements already made, there is 
yet ample room for their extension. However little 
those men who are engaged in the existing establish- 
ments may have heeded their personal liabilities, or how- 
ever fortunate or confident they may be in their present 
associations, it will not be denied, that there are numerous 
others, provident, and discerning, and enterprizing capi- 
talists too, who are deterred from participating in the 
manufacturing business of the Commonwealth, solely, by 
the provisions of the Statutes. Else, from what cause 
has it arisen, that large sums have been invested, by citi- 
zens of Massachusetts, in the manufactories of the neigh- 
bouring States of New Hampshire and Maine. — Was it, 
that upon the banks of our Rivers, no unoccupied place 
could be found for the location of their work-shops, or 
that in the current of the waters no sufficient power could 
be acquired to propel their machinery ? Or was it not 
rather, that the Statute Books of those Governments, re- 
garding only the responsibilities of Corporations for 
credits which Corporations only obtained, impose no in- 
dividual liabilities, by reason of the smallest proportion of 



GOVERNOR'S SPEECH. 385 

interest, to the payment of Corporate debts, without limit 
in amount or time of demand, even to the peril of the 
ruin of private fortune, and of the imprisonment of per- 
son ? The money which has thus been sent from the 
Commonwealth, if it had been expended upon similar 
objects within it, would have added thousands to her 
population, and "hundreds of thousands to her pecuniary 
resources. This language may be thought more earnest 
than the subject will justify, but it has been impelled by 
a strong sense of official duty, and pertains to the ex- 
pression of those views of public policy, which deeply re- 
gard the substantial and permanent prosperity of the 
State. 

By an act of the last session creating the Salem Mill 
Dam Corporation, the Legislature have already departed 
from the provisions of the general statute, and expressly 
sanctioned one of the principles of modification, which 
has been recommended, that of the limitation, as to time, 
of the liabilities of individuals after they shall cease to be 
members of Corporations. Let this principle be equally 
applied to Stockholders in all Manufacturing Corporations, 
and the extent in the amount of their responsibility be 
rendered certain, and as much as is consistent with the 
public security, and all that is desirable, will probably be 
effected. 

But at least there is one feature in the present laws 
which, if there be no other occasion, should induce to 
their revision. In their practical operation, they now 
tend to infinite circuity of action, and this effect I have 
heretofore professionally witnessed. The Corporator who 
pays the debt of his Corporation, thereby becomes its 
creditor. With his process for indemnity, he may fasten, 
for the whole amount, upon the property or person of 



386 GOVERNOR'S SPEECH. 

either of his associates^ and this one in turn, for redress, 
may again recur to the former. The liabilities and the 
remedies of parties may thus be made perpetually to al- 
ternate, or at their election, pass in endless circuity, the 
round of all the Corporators, and remain forever unsatis- 
fied. If the principle of the personal liability of the 
members of Corporations is to be preserved, it would 
seem tvise to provide, that, as between themselves, the 
rule which governs in the case of Co-partners, should be 
adopted, and that he who discharges the joint debt should 
look to the joint fund, or have his personal resort to his 
associates for contribution only, according to their res- 
pective proportions of interest. 

There is yet another subject of high public concern- 
ment, which has heretofore been addressed to the atten- 
tion of the Legislature, and which, on this occasion, I ap- 
proach with much solicitude. It is that which relates to 
the construction of works for promoting and facilitating 
intercommunication between different and distant places, 
from the remote extremes to the capital of the State. 
The opinions of enlightened, discerning, and instructed 
men, have been sufficiently strong, in other parts of our 
country, to subject to the test of unerririg experience, all 
speculations upon the operation and results of the accom- 
plishment of similar objects. Through the whole extent 
of the United States, in various assemblages of citizens, 
in Congress, and in the Halls of State Legislation, a gene- 
ral sentiment has been declared, favourable to measures 
for improving the communication between the interior 
and the sea board, and for expediting the transportation 
of merchandize and produce to their respective markets. 

In what manner, and at ivhat time, Massachusetts is to 
profit of the advantages, which such facilities afford, is with 



GOVERNOR'S SPEECH. 387^ 

the wisdom of the Legislature to decide. It becomes not the 
respect, which I bear to this Department of the Govern- 
ment, importunately to urge personal opinions upon their 
adoption. On former occasions these have been distinctly 
expressed. It unfortunately however, seems to be mis- 
understood by some, that a precise and exclusive character 
of improvement has been contemplated, and a definite ob- 
ject, and that not the most encouraging, selected for the 
first experiment. Nothing has been further from the in- 
tention of the Executive. The great subject of internal 
improvement, as applicable to the interests of this Common, 
wealth, was presented for consideration. Whatever w^as 
ihe mode suggested in which this might be promoted, it 
was proposed only, that means should be adopted for pre- 
vious enquiry and investigation. A Board of Commis- 
sioners, charged with the general subject, the precursor to 
the commencement of the grand Canals of New York, and 
the first measure of the Governments of New Jersey, of 
Ohio, of Virginia, of Maryland, and of several other of the 
States, in the mighty plans of their execution or present 
undertaking, was recommended, alike from precedent and 
the approval of experience in those instances, and every 
where and at all times, must be a prudent, if not necessary 
step, towards the development of the capacities and resour-' 
ces of a country for a system of public works of extensive 
and lasting importance. Much diversity of opinion is known 
to prevail upon the preferable mode of facilitating travel and 
transportation. Canals and Railroads have each their re- 
spective advocates, while probably, the election of either, 
in most cases, must be decided entirely by a regard to the 
face of the earth over which their construction is proposed. 
What method better calculated to resolve all questions 
Df this nature, than by a reference to men, experimentally 



388 GOVERNOR'S SPEECH, 

taiio;ht in mechanics,in hydraulics,inthe science of geology, 
the strata of the earth, the character of soils, — and skilled 
by observation and experience, in those calculations and 
deductions, by which labour and expense may be correctly 
estimated, and advantages and results, immediate and pro- 
spective, satisfactorily shown ? It is not improbable that ap- 
plications will continue to be addressed to the Legislature 
to incorporate Canal and Railway Companies, and for 
countenance and aid in the objects of such associations. 
There are yet sanguine and strenuous advocates for the 
construction of a Canal from the Harbor of Boston, by a 
Northern route, to a point high upon the Connecticut River 
while the feasibility of a more Southern course than either 
of those examined by the late Commissioners, has been 
earnestly insisted on. A water communication from 
Norwich, in the state of Connecticut, by the Quinnabaug 
River to Brookfield, and thence in a Southerly direction, 
traversing the course of the Blackstone Canal, and bv the 
waters of the Charles River to Boston, has been more re- 
cently proposed. A Ship Channel between Barnstable Bay, 
and Buzzard's Bay, across the isthmus, and the connexion 
of Boston harbour with Narraganset Bay, by a Canal 
through the Counties of Norfolk and Bristol, by the Wey- 
mouth and Taunton Rivers, as objects of national moment 
no less than of local concern, have engaged the favorable 
attention of the General Government, and in the distri- 
bution of the public bounty we might reasonably rely 
upon liberal contributions from the National Treasury to 
their accomplishment, whenever there shall be manifested 
the requisite spirit and confidence to engage in them. 
These and all projects of like kind, whether to be execu- 
ted by public means or left to the labours of private enter- 
prize, require leisure and deliberate investigation. It is 



GOVERNOR'S SPEECH. 389 

uoless the office of a wise Governiient to endeavour to se- 
cure from the waste of expenditure, upon visionary and 
fruitless schemes,the wealth of individuals,than to preserve 
the treasures of the State. To effect this, to guard ad- 
venturers from ruinous losses, and the community from 
discouraging and humiliating disappointments, all plans, 
which are proposed for similar purposes, should be sub- 
jected to the same test of examination, and their approval 
or rejection should be the result of the application of an 
uniform standard of utility and profit, by which they are 
compared. This will give consistency^ to a system of im- 
provement, which will exclude injurious conflicts of opin- 
ion and of interest, and produce the utmost advantage of a 
well directed appropriation of the public resources. 

I cannot allow myself to pass from this topic without 
suggesting an additional consideration deserving of atten- 
tion, when estimating the relative advantages of Canals 
and Railroads as measures of internal improvement,where- 
ever the nature of the country will admit of the election. 
However, either, as a mere mode of conveyance, may well 
subserve this purpose of their construction, yet, the more 
extended and beneficial influences of Canals in the genera^ 
improvement of Country, seem to me too important and 
decisive to be lightly regarded. A Railroad is a mere 
passage way, for travel and transportation. It has no 
other connexion or dependence than upon intercommunica- 
tion. Even if it may facilitate this, at less experse, and in 
a greater degree than a Canal, by being less liable to in- 
terruption in its use, from accident, and weather, and the 
frosts of winter, still, to some extent, it is exposed to ob- 
structions from the same causes, while all the favourable 
differences may be counterbalanced, by the greater con- 
venience of passing on Canals, and the superior adaptation 



390 GOVERNOR'S SPEECH. 

oi Boats to Cars^ioY i\\Q accommodation of the infinite va- 
riety, in weight and bulk, of produce and products, which 
the pursuits, habits, and occasions of this Country, through 
any considerable reach of population, will at different times, 
and often at the same time, present for carriage. Besides, 
Canals create new capacities and powers for artificial im- 
provement. — From their reservoirs and feeders they may 
be caused to furnish increased and better regulated sup- 
plies of water for the use of manufactories and the con- 
venient and profitable exercise of the mechanic arts. 
Their waters too, percolating their banks, irrigate and 
enrich the adjacent lands. Husbandry is thus invited to 
their cultivation. Along their courses, population, busi- 
ness, prosperity and wealth soon mark the progress of 
general improvement. Such has been the observation of 
the past, and is the yet greater promise of future enter- 
prise. Let not these remarks be regarded as entirely 
speculative. They are suggested by the opinions of skil- 
ful men, who have witnessed their practical illustration. 
Nor let me be understood as intending any discouragement 
to the construction of Railways, wherever situation, and 
the character of business, giving occasion to transportation, 
may warrant their adoption. It is important that there 
should be correct and definite opinions on these subjects. 
While uncertainty exists, and different modes of improve- 
ment, without distinction or discrimination in the circum- 
stances of their application, find preferences with different 
minds, little will be attempted, and nothing successfully ac- 
complished. To institute inquiries, which will give to the 
public conclusive and useful results, is worthy the atten- 
tion of Government. The fitness and expediency of the 
measure, in relation to works of internal improvement in 
this Commonwealth, is renewedly and respectfully recom' 
mended to the consideration of the Legislature. 



GOVERNOR'S SPEECH. 391 

In compliance with a resolve of the Legislature of the 
24th of February last, I early made the communication 
therein requested to the President of the United States 
upon the subject of the Resolutions of the Legislature of 
Maine, which had been transmitted for the consideration 
and concurrence of this Government, in relation to the 
public lands within the limits of that State and upon the 
north eastern boundary of the United States, and to mea- 
sures for ascertaining the monuments, and establishing 
the line of division between those lands and the British 
possessions. An answer to this communication, recently 
received from the Department of State, shows the earnest 
attention which has been given to the subject by the Na- 
tional Executive, and affords satisfactory assurance, that 
every competent step has been, and will continue to be 
taken, to comply with the wishes, and to secure the rights 
of the States particularly interested. Copies of this cor- 
respondence will be submitted to you. The proposition 
in the second of the Resolutions of the Legislature of 
Maine, referred to in the letter of Mr. Clay, not having 
been acceded to by this Commonwealth, no collision or 
controversy with the British authorities need be appre- 
hended from the measures therein contemplated. 

Since the adjournment of the last General Court, His 
Excellency Governor Parris has transmitted to me, ex- 
pressly for the information of this government, a copy of 
an act of the Legislature of Maine, passed on the 17tli of 
February last, appropriating/owr thousand dollars, on the 
part of that State, as a contingent fund, for defraying the 
one-half of the expense of surveying the lands and for 
other charges, exclusive of the personal compensation of 
the Commissioners, as provided for in the act of separa- 
52 



392 GOVERNOR'S SPEECH. 

tion. In presenting this document to your notice, I have 
to accompany it with a communication addressed to me 
by the Board of Commissioners, in reference to the exe- 
cution of their duties, and containing an intelligent and 
earnest exposition of their views of advantage to the 
States, from proceeding in the surveys and division of the 
lands, the present season. After a careful attention to 
these representations, in connexion with former commu- 
nications on the same subject, and from personal know- 
ledge resulting from my engagement heretofore in this 
commission, I cannot but express the opinion, that pro- 
vision should be made for enabling the Commissioners to 
execute their intended surveys. The act of separation 
was, in itself, a compact between this Commonwealth and 
the people of Maine. It stipulated for the division of the 
public lands within the period of ten years, and pledged 
the faith of both governments to the appointment of 
Commissioners for this purpose, and to defray, in moie- 
ties, the expense. Two-thirds of the limited period has 
already elapsed, and there remains much . labour to be 
performed in the completion of the work. — Neither State 
can enjoy their respective rights of property, until par- 
tition, and the assignment to them, of tlieir respective 
purparties. While the lands remain in common, they 
cannot be settled, or sold. For either party, therefore, 
to withhold the means, by the instrumentality of which 
only, the other cap. receive the benefit and improvement 
of the property, may justly be complained of as an act of 
wrong. — Any apprehensions which have been indulged, 
that the proposed surveys will involve us in controver- 
sies with British subjects or officers in the neighbouring 
Province, and thus tend to embarrass the Government of 



GOVERNOR'S SPEECH. 393 

the United States in their negotiations to obtain a settle- 
ment of the boundary line, are thought by the Commis- 
sioners to be unfounded. The surveys will be under 
their direction, and their recent communication contains 
an explicit assurance, that no such consequences will fol- 
low. Indeed, it appears from their representations, that 
the lines now to be run are west and north of those tra- 
versed the last year, without interruption and without 
complaint, by the British. Much confidence may justly 
be reposed in the intelligence of these gentlemen, on this 
subject, and in the continued and satisfactory exercise of 
that judgment and discretion for which they are eminent- 
ly distinguished. 

It has been objected that a more beneficial and less ex- 
pensive partition of the lands might be made, by large di- 
visions, and the assignment of certain designated portions 
to this Commonwealth, and the residue to Maine. It is 
sufficient to answer, that this business, by the express 
terms of the act of separation, is, exclusively, with the 
Commissioners, and that the government of neither State 
have an)^ controul over the mode of division, unless it be 
by negotiation and agreement between them. Besides, 
this commission is so peculiarly constituted, by an equal 
number of Representatives, as it were, of the interests of 
each State, that to guard against a possible prejudice or 
advantage to the one over the otlier, it has hitherto, in 
practice, been found necessary, upon every assignment, 
to make equal divisions of lands in the same situation and 
of like quality, and to determine the distribution of the 
parts by lot. From the very extent and character of this 
property, it must be obvious, that the interest of both 
parties is the same, in obtaining lands, which are most in 



394 GOVERNOR'S SPEECH. 

the way of settlement, or are valuable for their timber, 
and will be first in demand in the market. Hence, n6 
division has yet been made, which had not respect to the 
equal value of equal quantities, and the expectation of in- 
ducing to any other mode of assignment, under the com- 
mission, is utterly vain. It must, therefore, now rest with 
the Legislature of Massachusetts to decide, whether the 
stipulations in the act of separation shall be further exe- 
cuted. The responsibility of suspending them by one 
party, must be great, where the right to do so, is ques- 
tionable, and the injury to the other party, certain. An 
appropriation rendered necessary to meet a balance of 
expenses incurred in the surveys of the last year, as well 
as to prosecute the objects of the commission, was recom- 
mended to the attention of the Legislature by special 
message, on the 13th of January last. To this document, 
with the papers which accompanied it, in explanation, on 
the files of the last session, I beg leave to refer you. The 
o-rant was prevented, at that time, by the disagreeing 
votes of the two houses. It has thus unfortunately hap- 
pened, that orders drawn by the Commissioners in favour 
of persons, who, under their direction, have rendered ser- 
vices for the government, have not been satisfied. This 
circumstance will excuse the more earnestness in inviting 
your immediate consideration of the propriety of now 
making an appropriation corresponding with that, which 
has been certified, on the part of the State of Maine. 

It cannot but afford to the Legislature the highest grati- 
fication to be informed, that the liberal and philanthropic 
provisions of the government for the relief and instruc- 
tion of the unhappy of our fellow beings who are deaf 
and dumb, have been carried into effect, as far as any oc- 



GOVERNOR'S SPEECH. 395 

casion has presented. Although every applicant for this 
charity, within the description of the Resolves, has re- 
ceived a certificate of admission into the asylum at Hart- 
ford, there yet remains one vacancy. This circumstance 
affords the delightful hope, that the number of the unfor- 
tunate and dependent of this class of afflicted humanity is 
less considerable than had been apprehended. There 
are now forty-six pupils in the asylum, at the expense 
of this Commonwealth, and five other persons, in whose 
favour certificates have been granted, will probably be 
placed there immediatel}^ 

Copies of Resolutions, passed by the Legislatures of 
the States of Indiana and of Maine, respectively, disap- 
proving of certain amendments to the constitution of the 
United States proposed by the General Assembly of the 
State of Tennessee, and copies of several resolutions of 
the Legislature of Louisiana approving of an amendment 
proposed by the Legislature of Georgia, and disapprov- 
ing of an amendment proposed by the General Assembly 
of Ohio, have been officially transmitted to me to be laid 
before the Legislature of this Commonwealth. The sub- 
jects of all these Resolutions have heretofore been con- 
sidered by the Legislature upon the original propositions 
of the States offerina; the amendments. 

I have the unwelcome office of communicating the re- 
signation, by the Honourable James Lloyd, of his seat in 
the Senate of the United States, which he has so long 
filled with great distinction, and with eminent service to 

' the State and the nation. His ability, valuable expe- 
rience, fidelity and firmness, in the discharge of duty, are 

\ a loss to this Commonwealth in the Councils of the Union, 
which will awaken the utmost anxiety of the Legislature 



396 GOVERNOR'S SPEECH. 

to supply. Copies of his letter addressed to me, explana- 
tory of the cause of his resio;nation, in the state of his 
health, and expressive of his sentiments on the occasion, 
which I am requested to convey to you, I shall hasten to 
transmit. 

It becomes also my duty to apprize you, that a vacancy 
exists in the office of Major General of the Sixth Divi- 
sion of militia, occasioned by the resignation and hono- 
rable discharge of Major General Ivers Jewett. 

I have great regret, that it is not in my power to in- 
form you, that any provision has yet been made by the 
General Government for the settlement of the Massachu- 
setts Claim. The Resolutions, expressing the sense of 
the Legislature upon the subject, at the last session, were 
promptly communicated by me to each of the Senators 
and Representatives of this Commonwealth in Congress, 
and I have pleasure in offering you the assurance of their 
zealous efforts, with the co-operation and concert of the 
Delegation from the State of Maine, to bring the business 
to an immediate and satisfactory issue. The able discus- 
sions which were had on the floor of the House of Repre- 
sentatives, are believed to have produced a favourable im- 
pression. They cannot fail to do away much of miscon- 
ception and long indulged prejudice, and prepare the 
minds of those, who have hitherto resisted every approach 
to an investigation of the claim, hereafter, to consider it 
upon its merits. The Bill which had been reported in 
the House of Representatives by the military Committee, 
and was before a Committee of the whole House, promis- 
ed to be the occasion of continued debate, and it was not 
thought useful to press the discussion, in the impatience 
and at the close of a protracted session of Congress. 



GOVERNOR'S SPEECH. 397 

The opinions which are entertained by our Representa- 
tives, on the present state of the subject, have been ex- 
pressed to me in a recent communication, copies of which, 
together with all the correspondence, subsequent to my 
last transmission of Documents to the Legislature, which 
has been had by me with the delegation through the at- 
tention of the Hon. Mr. Lloyd, the senior Senator from 
this Commonwealth, and who, in several meetings of the 
Delegates from both States, acted as their Chairman, will 
be laid before you. However delays and disappoint- 
ments may attend the prosecution of the rights of the 
State, those rights can never, with propriety, be aban- 
doned. It is due alike to our interest and our honour, 
that this demand should be persisted in. The Claim of 
Massachusetts rests upon its own justice, and the obliga- 
tion of the general government to provide for its pa}-- 
ment. As a member of the confederacy, we were, from 
the first and at all times, entitled to a favourable hearing 
from the Representatives of the nation, and whenever this 
measure of duty shall be fulfilled towards us, we may 
confidently trust, that all objections to the allowance of 
the claim, founded in errour and misapprehension, will 
be made to yield to the force of evidence and of argu- 
ment, in its support. 

The Delegations having expressed an opinion, upon 
the resignation of the late Agent, that " it would not be 
necessary that a new agent to proceed in auditing the 
accounts should attend at Washington during the session 
of Congress," none has been appointed. I have however, 
supposed, that the authority to make such appointment 
exists in the Executive, under the Resolves of the 12th 
of June, 1824. Some inconsiderable expenses have been 



398 GOVERNOR'S SPEECH. 

authorized and incurred for clerical services in the pre- 
paration of papers for the use of the delegation and in 
the care and preservation of the documents. The appro- 
priation heretofore made for contingent charges appear- 
ing to have been exhausted, I recommend to the Legisla- 
ture a further provision for this purpose ; and in view to 
the probable occasion for the future employment of an 
agent, agreeablj^ to the suggestion of the Delegations, 
" whenever a bill for the payment of the claim, in whole 
or in part, may be passed by Congress, or such other 
circumstances may occur as to make the appointment of 
such agent expedient." I also advise, to a revision of all 
the Resolves now in force, on that subject. 

In turning our views from the peculiar interests of the 
Commonwealth, they rest with proud satisfaction upon 
the peace, prosperity, and glory of our country. With a 
few more days, a half century of years will have com- 
pleted their revolutions, since that event, the boldest in 
the deeds of valor, the noblest in the page of history, 
which, in proclaiming the natural, equal and unalienable 
rights of men, severed the dependent Provinces of Ameri- 
ca, from the legitimacy of foreign dominion, and created 
them a free and sovereign nation. Well may we now 
dwell with admiration and joy, on the deep contrast of 
that fate-impending period with the splendor and great- 
ness of the present time. Through the experience of near- 
ly fifty years, in peace and in war, amidst the conflicts of 
the elder world and in the convulsions and overthrow of 
mighty Kingdoms, this only Republic has stood unshaken. 
With a fixed and settled written constitution of popular 
government, administered by a succession of wise and 
patriotic Citizens, voluntarily called by the people to the 



GOVERNOR'S SPEECH. 399 

public service, it has attained to the highest elevation in 
the rank of nations. In the full fruition of national inde- 
pendence, of the blessings of personal liberty, protection 
of property, the rights of conscience and of private judg- 
ment, and in all the business, improvements, and refine- 
ments of Society, the People of the United States are, at 
this moment, preeminently happy, above all others of the 
earth. The prospect of the future is unclouded, as has 
been the brightest period of the past. How should these 
considerations animate us with renewed gratitude and de- 
votion to the God of our Fathers, who inspired them with 
wisdom to erect this wondrous fabric of political Free- 
dom, and gave them strength and constancy to maintain 
these goodly Institutions of Religion, and Learning, and 
Civil Government, until, in their peaceful enjoyment, by 
the cultivation of patriotism, and knowledge, and virtue, 
they may be perpetuated in their posterity, to the end of 

time. 

LEVI LINCOLN. 



53 



400 MESSAGE 



CHAP. I 



Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 

I transmit by the Secretary of the Commonwealth, co- " 
pies of the several Documents referred to in the commu- 
nication which I had personally the honour to make to 
the two Houses of the Legislature, in Convention, this 
day. 



Council Chamber, June 6, 1826. 



LEVI LINCOLN. 



CHAP. II. 

Resolve making valid the doings of the town of Lunenburg. 

June 9, 1826. 

On the petition of the Selectmen of the town of Lu- 
nenburg, in the county of Worcester, praying that a re- 
solve may be passed, confirming the doings of said town, 
in certain particulars set forth in said petition, 

Resolved, That the doings of said town of Lunenburg, 
in choosing a Constable and Collector for said town, in 
the month of May, in the year of our Lord one thousand 
eight hundred and twenty-six, are hereby confirmed and 
made valid in as full and ample manner, as if said elec- 
tion had been made in the month of Marclj or April of said 
year. 



DEAF & DUMB CHILD. 401 



CHAP. nr. 

Resolve on pay of Council, Senate, and House, 
June 10, 1826. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth, to each member of the Senate and 
House of Representatives, two dollars for each days at- 
tendance, at every session of the General Court the pre- 
sent political year, and the like sum of two dollars for 
every ten miles travel from their respective places of 
abode, once in each session, to the place of the sitting of 
the General Court ; and also to each member of the 
Council two dollars for each days attendance at that 
board, at every session thereof during the present politi- 
cal year, and the like sum of two dollars for every ten 
miles travel from their respective places of abode to the 
place of the sitting of the General Court. 

And be it further resolved^ That there be paid to the 
President of the Senate and to the Speaker of the House 
of Representatives each two dollars, for each and every 
days attendance, the present political year, in addition to 
their pay as members. 



CHAP. IV. 

Resolve for the support of a deaf and dumb child, at the 

Asylum at Hartford., Connecticut. 

June 12, 1826. 

Resolved, That Lucretia Barnard, of Nantucket, be 
placed upon the list of persons supported by this Com- 
monwealth at the Deaf and Dumb Asylum at Hartford, 
agreeably to the provisions of the Resolves, providing 
for the support of a certain number of deaf and dumb 
persons at the expense of the Commonwealth. 



402 SALLY BLAGGE. 



CHAP. V. 

Resolve authorizini^ the Mayor and Aldermen of Boston, 
to connect their Reservoir in Sumner Street icith the 
spouts on the north side of the State House. 

June 12, 1826. 

Resolved, That the Mayor and Aldermen of the City of 
Boston, be, and they are hereby authorized to connect 
the reservoir they have recently built in Sumner Street, 
with the spouts on the northerly side of the State House, 
for the purpose of taking water therefrom, and to this end 
are authorized, at the expense of said City, to sink such 
drains in the yard of the State House as may be neces- 
sary for the above purpose ; subject in all their doings, 
in this respect, to Uie controul of the Governor and Coun- 
cil : Provided hoivever, that nothing herein contained shall 
prevent the Legislature from revoking the easement 
"" hereby granted at their discretion. 



CHAP. VI. 

Resolve on the petition of Sally Blagge. 
June 12, 1826. 

On the petition of Sally Blagge, praying that Elizabeth 
Jarvis or some other suitable person, may be authorized 
to make sale of certain real estate; 

Resolved, For the reaspns set forth in said petition, 
that the said Elizabeth Jarvis be, and she hereby is au- 
thorized to make sale of a certain piece or parcel of land 
situated at the southerly part of the City of Boston, and 
bounded easterly on Front Street, so called, one hundred 
and eighteen feet, northerly on land of Samuel Cobb, 
there measuring one hundred eighty-three feet and an 



ROBERT TURNER & THOMAS MAY. 403 

half, westerly on land set-off to Henry Price, in trust for 
Mary Price, there measuring one hundred and sixteen 
feet, thence southerly on Henry B. Curtis' land, there 
measuring one hundred ninety-eight feet, supposed to 
contain twenty-two thousand three hundred and seven- 
teen square feet, be the same more or less. 

And the said Elizabeth Jarvis is hereby authorized and 
empowered to sell the same, either at public or private 
sale as she shall judge most for the interest of the said 
Sally Blagge, and to make, sign, seal, execute and deliver 
any deed or deeds or other instrument sufficient and 
effectual in law to pass all the title which the testatrix 
referred to in the petition had in the premises at the time 
of her decease, to such person or persons as may become 
purchasers of the same : Provided hotvever^ that the said 
Elizabeth Jarvis first give bond with sufficient surety or 
sureties to the satisfaction of the Judge of Probate for 
the County of Suffolk, to invest the net proceeds of said 
sale in other estate, to be held by her upon like trust, 
and for the same uses and purposes as the estate above 
described is now held. 



CHAP. VH. 

Resolve on the petition of Robert Turner and Thomas 

May. 

June 12, 1826. 

On the petition of Robert Turner and Thomas May, both 
of Richaiond, in the state of Virginia, praying for leave 
to sell certain real estate belonging to George F. Turner 
and Martha Anne Turner May, minors ; 

Resolved, That the said Robert Turner, father of the 
said George, and Thomas May, father of the said Martha, 
be, and they hereby are authorized and empowered to 
sell at public or private sale, and to convey and give a 
good and sufficient deed or deeds of, a certain piece of 



404 ROBERT TURNER & THOMAS MAY. 

land, the property of said minors, with part of a house 
thereon standing, situate in said Boston, and bounded as 
follows : — southerly on Bedford Street, westerly on land 
now or late of the heirs of Thomas Appleton, northerly 
on an entry, easterly on a passage-way leading from said 
Bedford Street, together with the right of using the said 
entry and the said passage-wa}^, and also a yard at the 
northerly end of the passage-way, in common with the 
occupants of the other part of said house, and all the right, 
title, and interest of the said minors in the above descri- 
bed premises ; the said Robert Turner giving a sufficient 
bond to the Judge of Probate for the county of Suffolk, 
conditioned that one moiety of the net proceeds of the 
sale of said land shall be invested in some safe stock, or 
loaned to the Massachusetts Life Hospital Insurance 
Company, in such manner, that the interest and income 
of the said one moiety shall be payable to the father or 
other guardian of the said George during his minority, 
for the use of said George, and the principal to said 
George after he comes of age, or to his heirs, if he dies 
before coming of age, the said Robert, or other guardian 
of said George, having a right to appropriate a part of the 
principal, not exceeding two hundred dollars a year, for 
the education and support of said George ; and the said 
Thomas May likewise giving a sufficient bond to the 
Judge of Probate aforesaid, conditioned that one moiety 
of the net proceeds of the sale of the said land shall be 
invested in some safe stock, or loaned to the Massachu- 
setts Life Hospital Insurance Company, in such manner 
that the interest and income thereof shall be payable to 
the said Thomas or other guardian of said Martha, dur- 
ing her minority, for her use, and the principal to said 
Martha after she comes of age, or to her heirs, if she dies 
before coming of full age. 



SAMUEL G. WILLIAMS. 405 

CHAP. VIIL 

Resolve on the petition of Samuel G. Williams, attorney 
to the heirs oj Pierre Matthieu Andre^ and Jean Fran- 
cois Billon. 

June 12, 1826. 

For the reasons set forth in the petition of Samuel G. 
Williams, in his capacity of Attorney to the heirs at law 
of Pierre Matthieu Audre, and Jean Francois Billon ; 

Resolved, That the said Samuel G. Williams be, and 
he hereby is, authorized and empowered to make, sign, 
seal, acknowledge, and deliver one or more deeds, to 
convey all the right, title, interest and estate, which 
Pierre Matthieu Andre, or Jean Francois Billon had, 
or which either of them had, or Mhich the heirs of said 
Andre or of said Billon, or of either of them, have, in a cer- 
tain tract of land situate in the town of Holden, in the 
county of Worcester, being the whole of that tract which 
heretofore belonged to William Brattle, Esq. and which 
land, on the twenty-fifth day of May, in the year of our 
Lord one thousand seven hundred and eighty-one, was 
conveyed by deed of that date by John Fessenden and 
Caleb i\mmidon, Esq'rs, a committee acting in behalf of 
the Commonwealth, unto Pierre Matthieu Andre, and 
which is the same land which is mentioned in a resolve 
of the Legislature, on the memorial of the Trustees of 
Leicester Academy, dated January 26, 1820, and the same 
land also which is mentioned and intended, in a certain 
process or information, instituted in pursuance of said Re- 
solve, and finally determined at the Supreme Judicial 
Court, holden at Worcester in the month of April in the 
present year. 

And be it further Resolved, That the deed or deeds 
which the said Samuel G. Williams may execute, in vir- 
tue of this power and authority, shall have the same legal 
force and effect to alien and convey the right, title, in- 
terest, and estate, which the heirs of said Andre, and the 
heirs of said Billon or the heirs of either of them have in 
said lands, which the deed or deeds of said heirs execu- 
ted by themselves, according to the law and usage of this 
Commonwealth, could or may have. 



406 THOS. OARTER—THOS. WILLIAMS. 



CHAP. IX. 

Resolve on the petition of Thomas Carter. 
June 14, 1826. 

Resolved, on the petition of Thomas Carter, of Stock- 
bridge, in the county of Berkshire, and for reasons set 
forth in said petition, that Samuel Jones of said Stock- 
bridge, administrator de bonis non of the estate of Jona- 
than Turner, late of said Stockbridge, deceased, be au- 
thorized and empowered, and he is hereby authorized 
and empowered to conve}^ to him the said Thomas, and 
to his heirs and assigns forever, by deed duly executed, 
a certain piece of land in said Stockbridge, containing 
twelve and an half acres off from the north end of said 
Turner's farm, bounded as follows, to wit : west by the 
road leading from Stockbridge Plain to Lenox, north by 
the Chapman farm, so called, east by land of Bradley and 
Sturgis, and south by other land belonging to the estate 
of the said Jonathan Turner, and extending so far south 
as to make twelve and an half acres, and to be bounded 
south by a line parallel to the north line. 



CHAP. X. 

Resolve upon the petition of Thomas Williams. 
June 17, 1826. 

Upon the petition of Thomas Williams, of Pepperell, 
in the county of Middlesex, praying that he may be dis- 
charged from a judgment and execution, in favor of the 
Commonwealth, against him, recovered before the Justices 
of the Court of Common Pleas, holden at Worcester, with- 
in and for the county of Worcester, on the second Mon- 
day of December, now last past, for the sum of one hiin- 



BUZZARDS AND BARNSTABLE BAIS. 407 

died dollars debt, and twelve dollars and fifty one cents 
costs. 

Resolved., for reasons in said petition set forth, that 
Pliny Merrick, Esq. Attorney for the Commonwealth, in 
the county of Worcester, be, and he hereby is directed, to 
discharge the said Thomas Williams, from the judgment 
and execution aforesaid ; and the Goaler for the county 
of Middlesex, or his deputy, is hereby directed, upon the 
receipt of such discharge, to permit the said Thomas Wil- 
liams to go, and be at large, discharged from the said 
judgement and execution or warrant of distress forever. 



CHAP. XI. 

Resolve relating to copies of papers, connected with sur- 
veys made by the General Government, ivith a view to 
ascertain the practicability of a Canal to join the tvaiers 
of Buzzards Bay, with Barnstable Bay. 

June 17, 1826. 

Resolved, That His Excellency the Governor, be, and 
he hereby is requested to procure from the Secretary at 
War of the United States, copies of the surveys made by 
'order of the Government of the United States, in the 
county of Barnstable, with a view to ascertain the practi- 
cability of constructing a canal to join the waters of Buz- 
zards Bay, with those of Barnstable Bay, on the Atlantic 
Ocean, and at Nantucket Island, in relation to a proposed 
Breakwater at Great Point, together with copies of the 
communications of the Board of Engineers in relation to 
the foregoing objects. 



54 



408 JOSEPH CURTIS. 

CHAP. XH. 

Resolve in favour oj Joseph Curtis. 
June 17, 1826. 

The Committee of both Houses on the Militia, to whom 
was referred the petition of Joseph Curtis, and other doc- 
uments accompanying the same, praying the fulfilment of 
the agreement on the part of the Commonwealth, relative 
to fencing his lands on the road leading to the Powder 
Magazine on Pine Island, so called, in pursuance of the a- 
w^ard of certain Referees, bearing date, February the six- 
teenth, in the year eighteen hundred and three ; and also 
praying for indemnity from said Commonwealth, for their 
omission to com[)ly with the award of said Referees for 
twenty three years, ask leave to report the following Re- 
solves. Per order, 

WILLIAM CRAWFORD, Jun. 

Rpsolved, That the acting Quarter Master General, be, 
and he hereby is authorized and directed, to cause to be 
erected fortfiwith, a good and substantial wooden fence, 
on each side of the road, leading to the Powder Magazine, 
through the land of Joseph Curtis, extending the whole 
length of their line, at the expense of the Commonwealth ; 
and that he or his successor in said office, be further au- 
thorizetl and directed to keep the said fence in good re- 
pair forever, at the cost of said Commonwealth. 

Resolved, That the sum of one hundred and twenty 
dollars be paid to Joseph Curtis, out of the Treasury of 
this Commonwealth, in full for all claims for damages sus- 
tained by him, to this time, by reason of the noncompli- 
ance of said Commonwealth, with the award of certain 
Referees (relating to fencing a road through his land) 
bearing date, February the sixteenth, in the year of our 
Lord eighteen hundred and three : and that His Excel- 
lency the Governor, with the advice of the Council, be 
authorized to draw his warrant, accordingly on the Trea- 
sury, for the sum aforesaid. 



ORRIL KINGSLEY. 409 



CHAP. XIII. 

Resolve on the petition of Orril Kingsley. 
June 19, 1826. 

On the petition of Orril Kinojsley, widow of Harvey 
Kingsley, late of West Hampton, deceased, and adminis- 
tratrix on the estate of said Harvey, and Guardian of his 
children ; 

Resolved, for reasons set forth in said petition, that the 
said Orril Kingsley be, and she hereby is licensed and em- 
powered to convey by good and sufficient deed in fee 
simple, to Joseph Kingsley, a parcel of land in said West 
Hampton; bounded east on a town road, north on land of 
Hannah Lyman, west and south on land of Solomon Judd, 
containing about forty acres of land which the said Jo- 
seph purchased of said Harvey in his life time. 



CHAP. XIV. 

Resolve on the petition of Elihu Belloivs. 
June 19, 1826. 

Resolved^ for the reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this Com- 
monwealth, the sum of twenty dollars to the said Elihu 
Bellows ; and His Excellency the Governor be, and he 
hereby is authorized, to draw his warrant for said sum. 



410 COMMITTEE ON ACCOUNTS. 



CHAP. XV. 

Resolve on the petition of Levi Dean, and Lemuel Ed- 
mister. 
June 19, 1826. 

On the several petitions of Levi Dean and Lemuel Ed- 
mister, of Freetown in the county of Bristol, setting forth 
that suits have commenced against them, by one Joseph 
S. Borland, in which certain lands are demanded, which 
the said petitioners claim to hold under several deeds of 
the Commonwealth, with warranty and other covenants, 
and praying the aid of the Commonwealth in the defence 
of the said several suits ; 

Resolved, That the Attorney and Solicitor General be, 
and they are hereby directed to appear for, or otherwise 
aid and assist the said petitioners in the defence of the 
said suits, in any Court or Courts to final judgment : Pro- 
vided, hoioever, that this Resolve shall not be taken or 
deemed to be an admission or acknowledgment of the 
said supposed warranty or other covenants, nor to pre- 
judice any right or claim of the Commonwealth : but all 
right, claims and grounds of exception, in regard to such 
alleged and supposed warranty or other covenants, are 
hereby reserved as fully as if this Resolve had not been 
passed. 



CHAP. XVL 

Resolve providing for the pay of the Committee on Accounts^ 
June 20, 1826. 

Resolved, That there he allowed and paid out of the 
Treasury of this Commonwealth, to the Committee on 
Accounts, for their attendance on that service during the 



ANTONIN F. PICQUET. 411 

present session, the sum of one dollar per day, in addition 
to their pay as members of the Legislature, to wit. 
To John Keyes, five days, five dollars. 

" William Ellis, twelve days, twelve dollars. 

" EUhu Hoyt, twelve days, twelve dollars. 

" Robert Rantoul, eleven days, eleven dollars. 

" Charles Mattoon, twelve days, twelve dollars. 



CHAP. XVII. 

Resolve on the petition of Antonin F. Picquet. 
June 20, 1826. 

Resolved, That the Judge of Probate, in and for the 
County of Suffolk, be, and hereby is empowered to grant 
to Antonin Furcy Picquet, of Paris, in the kingdom of 
France, letters of administration on the estate late of his 
deceased father, Jean Claude Picquet, late of Paris 
aforesaid, provided the said Antonin Furcy Picquet, shall 
give to the Judge of Probate, a bond for the faithful dis- 
charge of his duty as administrator, with the usual condi- 
tions, sealed and duly executed by himself as principal, 
and his only brother Cyrill Simon Baron Picquet of Paris, 
aforesaid, as surety : and said Bond shall be in lieu of eve- 
ry and all bond or bonds by any law or statute of this Com- 
monwealth, now in force, required. And provided also., 
that the Bills of Exchange in his petition set forth shall be 
deposited in the State Bank in Boston, and be and re- 
main under the order and controul of said Judge of Pro- 
bate. 



412 RESOLVES SUSPENDED 

CHAP. XVIII. 

Resolve authorizing Land Commissioners to ascertain the 
value of certain Townships of Land iti Maine belonging 
to this Commonwealth. 

June 20, 1826. 

The Committee, of both Houses, on public lands have 
had the subject of eastern lands under consideration, and 
ask leave to report the following Resolves which are re- 
spectfully submitted. 

Per order, JONAS SIBLEY, Chairman, 

Resolved., That the Agents appointed by a Resolve 
passed the 30th day of January, 1823, be, and they are 
hereby authorized to cause the Public Lands in the state 
of Maine, belonging; to this Commonwealth, contained in 
the last report and division made b}^ the Commissioners, 
appointed under the act of separation, and which are 
situated, part on each side of Penobscot river, north of 
the Indian townships at the mouth of the Matawamkeag 
river, and west of the Schoodic lakes, to be explored and 
examined, in case they shall deem it expedient, and as- 
certain, as near as is practicable, the value of each town- 
ship, and fix to each township or tract, the lowest price 
at whirl I the same ought to be sold, or in what manner 
the said lands should be disposed of, and report to the 
next session of the present General Court. 



CHAP. XIX. 

Resolve suspending the operation of Resolves passed on 
the l&th February and Wth June., I82.'>, relating to un- 
divided lands on the St. John^s and Madawaska rivers. 

June 20, 1826. 

The Committee of both Houses on Public Lands, have 
had the subject of Eastern Lands under conbideration, 



PUBLIC FUNDS. 413 

and ask leave to make tlie following report, which is re- 
specttViliy submitted. Per order, 

JONAS SIBLEY, Chairman. 

From the friendly disposition of late manifested by the 
government of Great Britain in relation to the subject of 
the boundary line between the United States and the 
Province of ^ew Brunswick, and from an expectation 
that an early adjustment will take place. 

Resolved^ That the operation of the provisions in the 
Resolves of the 1 6th day of February, and the 11th day 
of June, 1825, which authorize the conveyance of the un- 
divided lands on the St. John's and Madawaska rivers to 
the settlers in actual possession, and the sales of timber 
on such of the undivided public lands as lie contiguous to, 
and near the waters of the St. John's, be suspended until 
the further order of the General Court. 



CHAP. XX. 

Resolve in relation to deposits of the Public Funds. 
June 20, 1826. 

The Committee who were appointed to inquire what 
amount of money the Treasurer of this Commonwealth 
usually has in deposit, and to ascertain if interest cannot 
be had on money that may hereafter be in the Treasury, 
have attended to the duties of their appointment, and ask 
leave to report : — The average amount of money in t!ie 
hands of the Treasurer, for the year past, has exceeded 
fifty thousand dollars, and that the same might have been 
deposited in safe Banks wilhin the City of Boston, at the 
rate of five per cent ; but as the Treasurer was not au- 
thorized to make deposits on interest, did not think it 
proper to interfere with the same. 

JOS. THAYER, per order. 

The following Resolve is offered by said Committee : — 
Resolved, That the Treasurer of this Commonwealth, 



414 FUEL.— JACOB KUHN. 

whenever it may be convenient, from lime to time, to de- 
posit in any Bank or Banks in the city of Boston the 
funds of the Commonwealth, be required to obtain such 
amount of interest therefor as may be in his power, hav- 
ing due regard to the security of the Commonwealth. 



CHAP. XXI. 

Resolve authorizing purchase of Fuel and other articles, 
for the use of this Conimomvealth. 

June 20, 1826. 

Resolvedf That there be paid out of the Treasury of 
this Commonwealth, to Jacob Kuhn, Messenger of the 
General Court, the sum of one thousand dollars, to enable 
him to purchase Fuel, and such other articles as may be 
necessary for the use of the General Court, together with 
the Governor's and Council's Chamber, the Secretary's, 
Treasurer's, Adjutant General's and Quarter Master Gene- 
ral's offices, and also for the Land office ; he to be ac- 
countable for the expenditure of the same. 



CHAP. XXH. 

Resolve providing for the pay of Jacob Kuhn. 
June 20, 1826. 

Resolvedy That there be allowed and paid out of the 
public Treasury, to Jacob Kuhn, in full for his services as 
Messenger to the General Court, and for his care of the 
State House, and all other services rendered by him, in- 
cluding those mentioned in a Resolve, passed on the nine- 



PAY OF CLERKS.— C. FORSTER. 415 

teenth day of October, in the year of our Lord one thou- 
sand eight hundred and fourteen, for the year commenc- 
ing the thirtieth day of May last, one thousand dollars, 
payable quarter yearly ; and his Excellency the Gover- 
nor, with the advice of Council, is requested to draw his 
warrant accordingly. 



CHAP. XXIII. 

Resolve providing for the pay of Clerks. 
June 20, 1826. 

Resolved, That theie be paid out of the Treasury of 
this Commonwealth, to the Clerk of the Senate eight dol- 
lars per day ; to the Clerk of the House of Representa- 
tives, ten dollars per day, and to the Assistant Clerk of 
the Senate, six dollars per day, for each and every day's 
attendance they have been, or may be employed, in that 
capacity, during the present session of the Legislature ; 
and the Governor, with the advice of Council, is request- 
ed to draw his warrant accordingly. 



CHAP. XXIV. 

Resolve on the petition of Charles Forster. 
June 20, 182G. 

Whereas the said Charles Forster has for several years 
employed a large number of State convicts at Charles- 
town, for whose services he has paid this Commonwealth 
quarter yearly ; and whereas, on the thirty-first day of 
May last, his property was destroyed by fire, by which 
event he has been rendered unable to pay for those ser- 
vices for the present quarter, therefore. 



4'!6 WILLIAM WHITNEY &c. 

Resolved^ For these and other reasons set forth in the 
petition, that this Commonwealth do relinquish all claim 
for any compensation for the services of those convicts 
who have been hired by the said Charles Forster for the 
quarter of the year ending on the first day of July next, 
and that he be, and hereby is, acquitted from the pay- 
ment thereof, for that time. 



CHAP. XXV. 

Resolve on the petition of William Whitney and others 
June 20, 1826. 

Resolved^ For reasons set forth in said petition, that 
Pamela F. Whitne}^, of Stockbridge, in the county of 
Berkshire, widow of (tcorge Whitney, late of said Stock- 
bridge, Esq. deceased, and guardian of the minor children 
of the said George Whitney, Esq. be authorized and em- 
powered, and she is hereby authorized and empowered, 
to convey to the survivins; children and heirs of Silas 
Whitney, late of said Stockbiidge, deceased, by good and 
sufficient deeds, all the title and interest that the said 
George had at his decease [to] the two parcels of real es- 
tate in said Stockbridge, mentioned in said petition, re- 
serving her riiiht of dower therein, or not, as she shall 
think proper : Provided, the said surviving children and 
heirs of the said Silas Whitney, deceased, shall make 
good and sufficient security to the satisfaction of the Judge 
of Probate for said county of Berkshire, to indemnify the 
estate of the said George Whitney, deceased, and the ad- 
ministrator of said estate aj^ainst all notes, claims, or de- 
mands which exist or may arise against said estate or 
administrator, by reason or on account of the purchase of 
said real estate by the said George Whitney and William 
Whitney, from Ezekiel Bean, Esq. ^^nd provided also, 
that the said surviving children and heirs of the said Silas 
Whitney, shall pay or make security, sufficient in the 



LIBRARY COMMITTEE, &c.— MASS. CLAIM. 41'7 

opinion of the said Judge of Probate, that they will pay, 
within such time as the said Jud^e of Probate shall ap- 
point, to the administrator of said George Whitney's 
estate, such sum as one-seventh part of said real estate, 
(subject to the said Pamela F. Whitney's right of dower 
therein, if she shall claim the same,) is worth more than 
the net amount that the said George received in his life- 
time from the avails of property in Vermont, belonging to 
said surviving heirs, together with other sums that the 
said George received from the said surviving heirs and 
their mother, for the purpose of paying said Bean, and 
not applied by him for that purpose ; which sum shall be 
settled by said Judge of Probate, and he is hereby au- 
thorized to settle the same. 



CHAP. XXVI. 

Resolve authorizing the Library Committee to subscribe 

for Jive copies of Strickland^ s ivork on Rail Roads and 

Canals. 

June 20, 1826. 

Resolved, That the Library Committee be authorized 
to subscribe for five copies of Strickland's work on Rail 
Roads and Canals, in addition to the sum they are already 
authorized by law to appropriate for the purchase of 
books for the Library of the General Court. 



CHAP. xxvn. 

Resolves on Massachusetts Claim. 
June 20, 1826. 

Resolved, That his Excellency the Governor, by and 
with the advice and consent of Council, be, and he hereby 



418 JOHN V. LOW. 

is authorized to appoint an agent to prosecute the Claim 
of this Common>\ealth upon the United States which ac- 
crued during the late war, and to perform all requisite 
services in respect to said Claim, under the instructions 
of the Executive, whenever a bill for the payment of the 
Claim, in whole or in part, may be passed by Congress, 
or such other circumstances may occur as to make the 
appointment of such agent expedient. 

Resolved^ That the sum of one thousand dollars be ap- 
propriated to defray any expenses which have been 
or may be incurred in the prosecution of the said Claim ; 
and that his Excellency the Governor, with the advice 
and consent of Council, be, and he hereby is authorized, 
to draw his warrant on the Treasury accordingly. 

Resolved, Tliat all Resolves heretofore passed, in the 
premises, be, and the same hereby are repealed. 



CHAP. XXVHI. 

Resolve providing for the pay of John V. Low. 
June 20, 1826. 

Resolved, That there be allowed and paid, from the 
Treasury of this Commonwealth, to John V. Low, Assist- 
ant Messenger to the Governor and Council, two dollars 
per day, for each and every day he has been, or may be, 
employed in that capacity, during the presentf session of 
the Council. ^ 



PRISON DISCIPLINE SOCIETY. 419 



CHAP. XXIX. 

Resolve authorizing the Treasurer to borroiv money. 
June 20, 1826. 

Resolved^ That the Treasurer of this Commonwealth 
be, and he is hereby authorized, and directed, to borrow 
of any of the Banks in this Commonwealth any sum not 
exceeding fifty thousand dollars, that may at any time, 
within the present year, be necessary for the payment of 
the ordinary demands made on the Treasury : and that he 
pay any sum he may borrow, as soon as money sufficient 
for the purpose, and not otherwise appropriated, shall be 
received into the Treasur}^ 



CHAP. XXX. 

Resolve for the purchase of 500 copies of the Report of the 
Prison Discipline Society. 

June 20, 1826. 

The Committee to whom was referred the considera- 
tion of the expediency of purchasing for the use of this 
Legislature, copies of the report of the Secretary of the 
Prison Discipline Society, have attended to that business, 
and beg leave to report a resolve. 

DANIEL WELLS, Chairman. 

Resolved, That the Secretary of this Commonwealth 
be directed to purchase, for the use of the Legislature of 
the same, five hundred copies of the annual report of the 
Secretary of the Prison Discipline Society, for the year of 
our Lord one thousand eight hundred and twenty six : 
Provided, the expense of the same shall not exceed the 
sum of seventy five dollars. 



ROLL, No. 95 MAY, 1826. 



The Committee on Accounts having examined the seve« 
ral accounts presented to them. Report, 

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

JOHN KEYES, for the Committee. 



PAUPER ACCOUNTS. 

Adams, for support of Philena Hill, Jemmy Deny, 
Robert Harris, Allice Whaterman's child, Su- 
zannah Schuyler, Ebenezer Lilly, Judson C. 
Jewet, Archibald McCary, Daniel Hammick, 
to June 3d, 1826, % 176 63 

Amherst, for support of Jane and Polly Richard- 
son, and Josh«»a Buckingham, to May 20, 1826, 114 60 

Amesbury, for support of Robert Baker, to June 

1, 1826, 19 42 

Acton, for support of sundry paupers to June 1, 

1826, 93 60 

Beverly, for support of Dolly Claxton, Rowland 



PAUPER ACCOUNTS. 421 

Robinson and Ginger Welman, and supplies 

for John Kellog, to'^June 1, 1826, 52 84 

Belchertown, for support of Frederick Barden, 
Ameda Barden, John Wells, and Mary Filer, 
to June I, 1826, 38 90 

Bedford, for support of Jonathan L. AUis, to Jan- 
uary 1, 1826, 10 40 

Barre, for support of Juda Davis, Mary Davis, 
James Davis, and Dinah Baker, to June I, 
1826, 46 35 

Billerica, for support of Alexander Mc Kay, wife 
and six children, and James Dunn, to June 10, 
1826, 114 00 

Becket, for support of Elizabeth Hamlin, to May 

15, 1826, 17 62 

Blandford, for support of Lettice Brewster, Su- 
sannah Burdeck, to May 26, 1826, 93 60 

Braintree, for support of sundry paupers, to May 

1, 1826, 202 10 

Bridgewater, for support of John Chesnut and 
wife, Joseph Morgan, Johanna Bignie, and 
John F. Bignie, to June 6, 1826, 82 27 

Boston City, for support of sundry paupers in 

House ofIndustry,to May 31, 1826, 3,357 75 
" " also, for support of paupers out of 

House of Industry, to May 31, 
1826, 1,068 15 

" " House of Correction, for support 

of sundry paupers to March 31, 
1826, 1,160 05 

Conway, for support of William Brown and fu- 
neral cliarges, 15 25 

Concord, for support of John Troop till his death, 40 50 

Che«»ter, for support of Benjamin Powers, Georsie 

Butolph, and Anna Butoff, to June 4, 1826, " 84 72 

Carlisle, for support of Robert Barber, to May 

25, 1826, 18 GO 

Cheshire, for support of Ephraim Richardson, 
Noel Randall, Polly Cooper, and Molly Dia- 
mond, to May 23, 1826, 68 40 

Cambridge, for support of sundry paupers, to 
June 1, 1826. 858 23 



422 PAUPER ACCOUNTS. 

Charlestown, for support of sundry paupers, to 

May 31, 1826, * 1,656 95 

Colerain, for support of sundrv paupers, to June 
4, 1826, 

Douglass, for support of Jonathan Hill, till his 
deatit, 

Deerfield, for support of Daniel Ellis, Dolly 
Rol^erts, Lavina Witherell, Peter Stamm, Ru- 
ny Witherell, and John Strickland, to May 31, 
1826, 101 65 

Dartmouth, for support of George Ross, Maria 
Jones, Jane Williams, William Williams, and 
James Pierce, to April 23, 1826, 56 52 

Danvers, for support of sundry paupers, to June 

7, 1826, 138 98 

Eastham, for support of Benjamin F. Johnson, to 

May 15, 1826, 15 30 

Edgartov/n, for support of Emanuel Salvers, to 

June 1, 1826, 48 21 

Enfield, for support of Deborah Butterworth, to 

April 8, 1826, 46 80 

Foxborough, for support of Sally Donaldson, to 

May 27, 1826, ' 19 64 

Granville, for support of Sally Stewart and Sam- 
uel Gallop, to June 3, 1826, 37 80 

Gloucester, for support of sundry paupers, to 

June 4, 1826, " 341 40 

Gill, for support of Sarah Lyon and Mary Law- 
son, to May 21, 1826, 93 60 

Great Barrington, for support of Isaac Hoose, 
Mary Hoose, Johanna Porter, Lucy Porter, 
Clarissa Lindsly, Temperance Sears, Jane 
Meeseck, Maria Younglove, and Phebe Wil- 
son, to May 28, 1826, ^ 144 58 

Greenfield, for support of sundry paupers, to 

May 17, 1826, 69 74 

Hardwick, for support of Charles Collins and 

Elizabeth Walker, to June 1, 1826, 52 05 

Hanover, for support of Mary A. Tufts, to June 

12, 1826, 36 00 

Hamilton, for support of Allice Cook, to June 1, 

1826. 33 SO 



PAUPER ACCOUNTS. 423 

Hopkinton, for support of sundry paupers, to 
January 14, 1826, 24 42 

Also, Mary Saunders and Susan Par- 
ker, to June 10, 1826, 32 20— -56 62 

Leyden, for support of Arnold Clark, Tacy Ful- 
ler, Desire Horton, Ruth Abel, and Joseph 
Abel, to May 20, 1826, 85 50 

Lenox, for support of Moses McGraw, Maria 
Palmer, Caroline Weaver, Samuel Bell, John 
R. Cuttini^:, Chancy P. Cutting, Dayton Ful- 
ler, Jun. Dayton Fuller, Minerva Fuller, Lester 
Fuller, Sealy Peat, to May 29, 1826, 108 35 

Lee, for support of sundry paupers to May 30, 

1826, 174 02 

Lanesborough, for the support of sundry pau- 
pers to May 22, 1826, 130 00 

Lexington, for support of Deborah Saco, to May 

9, 1826, 16 20 

Medford, for support of Kenneth McKensie, and 

Mary Ann McKensie, to June 7, 1826, 48 80 

Mace Smith, Keeper of the House of Correction 
at Dedham, for support of sundry paupers, to 
June 3, 1826, 24 06 

Milford, for support of Rose Dunar and Henry 

Burley, to May 2, 1826, 100 40 

Montague, for support of Ann Sinkler and Ed- 
ward Porter, to May 24, 1826, 79 09 

Middleborough, for support of John Fitzgerald, 
Elizabeth Briggs, Harriet Kail and children, 
Emeline Bowers, William Wilson, and Sarah 
Pero till her death, to May 1, 1826, 123 SO 

Mendon, for support of William Sloan, Andrew 
Sloan, John Agar, and Andrew Thayer, to 
June 1, 1826, ^ 102 79 

Montgomery, for support of William Converse, 

to June 1, 1826, 19 42 

, Monson, for support of sundry paupers, to May 
; 1, 1826, 123 25 

Medfield, for support of George Turner, to No- 
vember 25, 1825, 46 80 
56 



424 PAUPER ACCOUNTS. 

Milton, for support of James Bowman, Archibald 
McDonald, John J. Myers, H. Skillings, Ann 
Wright and three children, Archibald Sela, 
Isabella Murry, to June 6, 1826, 108 

Newton, for support of Jonathan French, James 
Norton, and Abraham Taverner, to June 15, 
1826, 07 

Norton, for support of James Norberry, to May 
29, 1826, 18 

Northfield, for support of Amos North, to May . 
24, 1826, 38 

North Brookfield, for support of Esther Johnson, 
to May I, 1826, 15 

Newbury, for support of sundry paupers, to June 

1, 1826, 707 

Northbridge, for support of Abigail Chitman, to 
February 20, 1826, 58 

Northampton, for the support of sundry paupers, 
to June 1, 1826, 550 

Nantucket, for support of sundry paupers, to 
January 1, 1826, 327 

Newburyport, for support of sundry paupers, to 
June J, 1826, 770 

Plymouth, for support of John M. Roap, James 
Reed, William Watley, Seth Hayes, and Cyn- 
thia Wharton, John Brown, to June 9, 1826, 74 

Phillipston, for support of Abraham Scool, to 
June 8, 1826, 19 

Russell, for support of Mary Stebbins, Seth Har- 
rington, and Polly Newton, to June 1, 1826, 57 

Rowley, for support of Ellis Collins, Tryphosa 
Knight, Loisa Price, Alphonson Knight, An- 
na M. Knight, Joseph Smith, to iVlay 29, 1826, 89 

Howe, for support of Almirah Wilcox, Mary Wil- 
cox, Noah Wilcox, and Betsy Carpenter, to 
May 30, 1826, 51 

Roxbury, for su^iport of sundry paupers, to June 
3, 1826, 89 

Rutland, for support of Daniel Mundell, to June 
13, 1826, 5!) 

William Robinson, Guardian to the Dudley In- 



PAUPER ACCOUNTS. 425 

dians, for supplies furnished said Indians as 

per Account, 194 51 

Sterling", for support of Thomas Ceres, James 

Daily, and wife, and four children, June 7, 1826, 19 46 

Southvvick, for support of Daniel Marlow, and 

Georjve Reed, to June J, 1826, 57 20 

South Hadley, for support of William Scathemer, 
Esther Benjamin, Bobert Rogers, James Wat- 
son, H'lo-h Ljiich, May 13, 1826, 14 40 

Sharon, for support of Jane Donelson and daugh- 
ter, to June 6, i826. 

Also, Edward EMis and Elizabeth Ellis, to 
same time, 67 20 

Swanzey, for support of JVlartha Dusnips, Olive 
Freeman, Diadama Boston, Thomas McCarter, 
Eliza Mason, to May 27, 1826, 113 40 

Salem, for support of sundry paupers, to May 
31, 1826, 

Shutesbury, for support of Peter Jackson, and 
Sarah his wife, to May 25, 1826, 

Stockbridge, for support of sundry paupers to 
June 1,^1826, 

Sheffield, for support of sundry paupers, to June 
1, 1826, 

Shrewsbury, for support of William Porter Ad- 
dison, to May II, 1826, 

Sandisfield, for support of Richard Dickson, and 
Philis, his wife, to May 27, 1826, 

Sturbridge, for support of Anne Stedman, to June 
1, 1826, 

Taunton, for support of sundry paupers, to May 
31, 1826, 

Tisbury, for support of George Wooster, Lewis 
Wooster, and Mary Wooster, 

Tyringham, for support of Elizabeth Hicks, 
Richard Gardner and wife, Asa Thompson, 
Mary Diskill, Rebecca Porter, Lina Porter, 
Olive Porter, Jonathan Porter, to June 14, 
1826, 
Townsend, for support of Margaret Jackson, 



426 PAUPER ACCOUNTS. 

Miranda Jackson, Samuel B. Jackson, Henry 

S. Jackson, to June 1, 1826, 51 76 

Topsfield, for support of Phillis Esty, Nancy 
Porter, and Phillis Enimerson, to May 30, 
1826, 117 64 

Thomas Wade, Master of the House of Correc- 
tion at Ipswich, for support of sundry pau- 
pers, to June 6, 1826, 227 70 

Warwick, for support of John C. Miller, to May 

29, 1826, " 14 40 

West Springfield, for support of Hannah Shivoy, 
Lois Shivoy, James Benedic, and Laura Cha- 
pin, to June 11, 1826, 72 98 

Ward, for support of Sarah Wiser, to May 10, 

1826, 46 80 

Westfield, for support of Matthew Smith, John 
N. Barry, Esther Barry, Theodosia Gillet, 
Fanny Baltimore, Arunah Gibson, and George 
Gibson, to June 1, 1826, 123 30 

Westhampton, for support of Samuel Culver and 
wife, Jane Gay, John Cochrane, Roseen Har- 
per, Mary A. Sherman, Phillis Sherman, Sam- 
uel Shermerhorn, to May 25, 1826, 111 54 

Williamstown, for support of sundry paupers, to 

May 26, 1826, ^ 244 00 

Wilbraham, for support of Eunice Davis, Elea- 
zer Bugby, Mary Walker, Allice Dotlge, Ed- 
ward Davis, Bathsheba Butterfield, and Mary 
J. Butterfield, to May 22, 1826, 296 84 

Ware, for support of Thomas Dennison, Chris- 
topher Simpson, and John S. UphamJ to June 
10, 1826, 45 90 

Western, for Joseph Trim and wife, Samuel Bald- 
win, Luther Baldwin, and Philanda Baldwin, 
to May 17, 1826, 53 71 

New Bedford, for support of sundry paupers, to 

April 1, 1826, 666 52 



PRINTERS' & MISCEL. ACCOUNTS. 427 
CORONERS' ACCOUNTS, 

MAY, 182G. J 

Badger Thomas, Coroner of Suffolk County, for 

inquisitions, &c. to June 12, 1826, 88 80 

Hewes Samuel H. Coroner of Suffolk County, 

for inquisitions to June 8, 1826, 7 40 

Kempton Ephraim, Coroner of Bristol County, 

for inquisitions to June 8, 1826, 12 40 

Merrill Orlando B. Coroner of Essex County, for 

inquisitions to June 8, 1826, 13 60 

Pike Joseph, Coroner of Essex County, for in- 
quisitions, to June 8, 1826, 13 08 

Russell Ebenezer, Coroner of Hampden County, 

for inquisitions to June, 1826, 26 24 

Wade William F. Coroner of Essex County, for 

inquisitions, February 13, 1826, 11 55 



PRINTERS' AND MISCELLANEOUS ACCOUNTS. 

MAY, 1826. 

Austin Denny, for printing for Commonwealth, 

to May 30, 1826, 16 67 

Burditt W.James, for stationary to June 13, 1826, 221 65 
Buckingham J. F. for papers to March, 1826, 46 22 

Badger & Porter, for printing to June 17, 1826, 30 29 
Ballard & Wright, for printing for Common- 
wealth to March 25, 1826, 63 42 
Ballard & Prince, for carpeting for »State House, 

to March 31, 1826, ' 437 71 

Bacon Henry, for assisting Messenger, to June 
f 17, 1826, 40 00 

Blaney Henry, for labour on State House, to May 

24, 1826, 74 06 

Bradley Samuel, for hard ware for State House, 

June U, 1826, 33 oa 



42^ PRINTERS' & MISCEL. ACCOUNTS. 

Barns Thonivis, for services of his son, William 
Henry Barns, as page to the Senate, to June 
19, 1826, 16 00 

Cutting W. Elijah, for assisting Messerger, to 

June 17, 18-26, ' ^ 36 00 

Chase Warren, for assisting Messenger, to June 

17, 1826, V. . 40 00 

Denio & Clark, for printing Laws, &c. to May 1, 

1826, ' 16 67 

Durant William, for 2;lass, &c. for the State 

House, to June 17, r826, 45 00 

Earle J. M. for printing Acts and Resolves, &c. 

to June, 1826, 44 32 

Gardner J. Mary, for printing and papers, to June 

1826, 91 ^^ 

Hale Nathan, for printing Laws and supplying 
newspapers to members of General Court, to 
June 20, 1826, 53 67 

Judd Sylvester, for printing Laws, &c. to Janua- 
ry, 1826, 16 67 

Kuhn Jacob, for balance of his account to June 

1, 1826, . 257 94 

Kuhn Jacob, Jun. for assisting Messeniijer, to 
June 17, 1826, 

Loring Josiah, for stationary, to June 15, 1826, 

Lindley Benjamin, for publishing Laws, &c. to 
May, 1826, 

Mead John, for services posting Canal Maps, &c. 
per bill to June 12, 1826, 

Russell Benjamin, for papers and printing, to 
June 17, 1826, 

Russell John, for printing to June 1, 1826, 

Rogers & Griffin, for printing, to January 12, 1826, 

Town Edmund, for services of Edmund Town, 

Jun. as page to the House, to June 17, 1826, 16 00 

True & Greene, for printing, &.c. for the Com- 
monwealth, to June 15, 1826, 1,222 88 

Wheeler H. John, for services repairing the State 

House, June, 1826, 222 25 

Webster Charles, for printing Laws, &c. to May 

27, 1826, 16 66 



MILITARY ACCOUNTS. 429 

Willis & Hallock, for papers, to June 17, 1826, 10 19 
Young & Minns, for printing and papers, to June 

17, 1826, 32 09 



MILITARY ACCOUNTS. 

MAY, 1826. 

Brigade Majors. 

Allen Alfred, to December 31, 1825, 
Brimmer Martin, to December 31, 1825, 
Clark Alanson, to December 31, 1825, 
Low S. Joseph, to June 14, 1826, 
Richardson Wyman, to June 6, 1826y 

Mjutants. 

Bissell Horace, to December 31, 1825, 
Collins Michael, to May 25, 1826, 
Dickinson Elijah, to May 1, 1826, 
Hill Dan, to December 31, 1825, 
Jones Timothy, to June 1, 1826, 
Monroe Horace, to May 22, 1826, 
Stow S Martin, to September 15, 1825, 
Shepherd Amos, to May 13, 1826, 
Towne John, to May 21, 1826, 

For Hauling Artillery. 

Tirrell James, to June 1, 1826, 

White Otis, to do. do. 

Stacy John, to do. do. 

Baldwin Henry, to do. do. 

Porter John, to do. do. 

Winslow John, to do. do, 

Owen M. Charles, to do. do. 



430 MILITARY ACCOUNTS, 



Courts Martial. 



Court Martial holden at Ipswich, on the iiin^h da}' of 
March, 1825, and adjourned to Salem ; and whereof Abra- 
ham Williams was President, viz : — 

Lt. Col. Abraham Williams, allowed, |(99 00 
It Col. Timothy Poor, 
Maj. Theron Johnson, 
Maj. George Cross, 
Maj. Caleb Cushing, 
Adj't Charles Kendall, 
Pay Master Ferdinand Andrews, 
Orderly^ Jeremiah I^ord, 

Maj. Caleb Cushing, (stationary fur- 
nished) 
Sheriff, William Mansfield, 
do. William Chadwell, 
do. N. Bridges, 
do. Theodore Andrews, 
Officer, William Tucker, 
do. Joseph Mansfield, 
do. Benjamin Day, 
do. Jeremiah Lord, 
Sheriff, Daniel Dutch, 
Witness, Isaac Dennison, Jun. (allowed) 
Daniel W. Rogers, 
John Lloyd, 
R. A. Merriam, 
Daniel N. Breed, 
Josiah Newhall, 
S. N. Sanderson, 
Josiah Wheeler, 
Timothy Monroe, 
Edmund Monroe, 
Nelson R. AtAvill, 
B. Selman, 
John Orne, Jun. 
James Dennis, 
Jonathan Webb, 
Benjamin T. Browne. 
George Choate, 



68 


00 


67 


50 


68 


00 


30 


00 


29 


50 


34 


00 


11 


78 


14 00 


1 


00 


4 


57 


1 


00 


17 


59 


1 


30 


1 


SO 


1 


30 





30 


25 


20 


4 


20 


3 


40 


3 


40 


2 


40 


5 


60 


5 


10 


2 


06 


3 


10 


3 


10 


2 


06 


2 


06 


5 


60 


7 


10 


8 


10 


9 


70 


8 


20 


8 


70 



MILITARY ACCOUNTS. 431 





Ebeiiezer K. Lakeman, 


11 20 




Francis Peabody, 


n 70 




Samuel Avery, 


11 10 




Benjamin Day, 


11 70 




Jabez W. Barton, 


13 20 




James Appleton, 


14 80 




Ebenezer Sutton, 


1 16 




John A. Turell, 


'11 20 




Stephen P. Webb, 


11 20 


' 


Joseph Stores, 


1 00 




George Osgood, 


1 32 




James Wildes, for fuel and attend- 






ance, Salem, 


20 00 




Aaron Jewett, for fuel, &c. at Ips- 






wich, 


23 50 


Witness 


, Ferdinand Andrews, 


8 20 


(( 


Nathaniel Harris, Jun. 


4 00 


a 


David Story, 


2 14 


a 


Charles Dexter, 


2 14 


a 


William Andrews, 


2 14 


li 


Nathaniel Lufkin, 


1 64 


a 


Samuel Pierce, 


6 60 


(h 


Samuel Weatherbee, 


3 40 



Court Martial, 

Holden at Cambridge, on the 20th of March, 1826, and 

continued to the 31st of the same month. 

President, Col. William Winn, $65 60 

Maj. Samuel Chandler, 44 40 

Capt. Coburn Blood, Jun. 49 00 

Capt. Christopher Page, 47 80 

Lieut. Isaac Stephens, 46 40 

Capt. Bushrod W. Young, 42 50 

Maj. Wyraan Richardson, 86 00 

do. do. for stationary, 2 00 

Nahum Bowker, 10 70 

Asa Haven, 10 70 

Simeon Walker, 10 70 

John Goldings, 7 30 

William Jennison. 7 80 

Nathan Adams, ' 11 7^ 

57 



4ai MILITARY ACCOUNTS. 

Martin Morse, 
Ezra Rockwood, 
Maynard HaydeD, 
Uriah F^owker, 
Samuel Hayvvard, 
Albert G. Valentine, 
Mo?es Edget, 
Nathaniel Parker, 
Joel Morse, 
Samuel Learned, 
David Townsend, 
Elisha Stratton, 
Nathaniel Bailey, 
John Tarbell, 
Charles Willard, 
Oneen Willard, 
Daniel Goodnow, 
Martin Wilder, 
George Murdock, 
Abraham Edwards, 
Leonard Parker, Jun. 
Benjamin L. Sanderson, 
Thomas Learned, 
Samilel Jaques, 
Sheriff, Rufus Brewer, 
Samuel Pickins, 
Israel Train, 
Billiard & Metcalf, 
Nathan Adams, 
Samuel Learned, 



10 


70 


10 


70 


3 


40 


3 


40 


10 


70 


4 


40 


2 


10 


4 


40 


6 


30 


8 


62 


3 


30 


3 


06 


3 


06 


1 


82 


2 


12 





62 


3 


82 


3 


30 


3 


30 


1 


82 


3 


32 





90 


1 


06 


1 


12 


3 


10 


5 


87 


22 


00 


16 


00 


3 


62 


4 


00 



Expenses of State Paupers, 19,501 45 

« " Coroners, 173 07 

tt » Printers and Miscellaneous Acc'ts, 3,346 66 

« Bri2;ade Majors, 190 46 

« Adjutants, 228 79 

« Hauling Artillery, 56 70 

« Courts Martial, L424 39 

' Making the sum of ^24,921 52 



RESOLVE. 433 

Resolved, That there be allowed and paid out of the 
Public Treasury, to the several Corporations and Persons 
mentioned in this Roll, the sums set against such Corpo- 
rations' and Persons' names, respectively, amounting in 
the whole, to twenty-four thousand nine hundred and 
twenty-one dollars and fifty-two cents, the same being in 
full discharge of the accounts and demands to which they 
refer. 

In Senate, June 19, J 826. — Read twice and passed. 
Sent down for concurrence. 

JOHN MILLS, President. 

House of Representatives, June 19, 1826. — Read twice 
and passed in concurrence. 

WILLIAM C. JARVIS, Speaker. 



June 20. 1826. ^^p^^^^^^ 



LEVI LINCOLN. 



6ommon^e»lt!i of jHafiii^atftHs^ettfii* 



SECRETARY'S OFFICE, AUG. 29, lS26. 

I HEREBY CERTIFY, that I havc Compared the printed 

fcopies of Resolves in this pamphlet, with the original 

Resolves, as passed by the Legislature, at their session 

of May and June last, and that they appear to be correct. 

EDWARD D. BANGS, 

Secretary of the Commonwealth.. 



RESOLVES 

OF 

THE GENERAL COURT 

OP THE 

COMMOJVWEALTH OF MASSACHUSETTS ; 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE THIRD OF JANUARY, AND ENDED 

ON SATURDAY, THE TENTH OF MARCH, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY-SEVEN. 



GOVERNOR'S MESSAGE. 

His Excellency the Governor sent doivn from the Council 
Chamber^ by the Secretary of the Commonwealth^ to 
the Senate and House of Representatives, the following 

MESSAGE. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives, 
A Convention of the different branches of Govern- 
ment, for the purpose of Lea;islation, is ever an event of 
deep interest witli the politician and the patriot. In times 
of peril, and of public excitement, the Representatives 
of the People assemble to adopt measures for the comtnon 
protection and defence; but in a period of tranquillity, 
such as we now happily experience, their duties relate to 
the more grateful, but hardly less difficult office, of devis- 



438 GOVERNOR'S MESSAGE. 

in<z means ^o promote the general prosperity, to extend 
the iilvantages for moral and physical improvement, and 
to fix upon an immoveable foundation, the privileges and 
blessings v/hich a nation may enjoy. On a faithful survey 
of the coaditicn of our country, we shall find present 
ca ise for the highest satisfaction ; and it is with no ordi- 
nary impressions of gratitude to Almighty God, in the 
contemplation of our dependence upon his providence, 
and of his past goodiiess to us, that, on this occasion, at 
the commencement of a new year, I offer you congratu- 
lations upon the continued peace of the nation, upon the 
wisdom and distinguished success of the measures of the 
General Government, upon the prevalence of a spirit of 
concdiation and confidence among the people, and upon 
the gre?t and growing importance of all those interests, 
which concern alike the personal happiness of the Citi- 
zen, and the safety and glory of the Republic. 

The past year has been made memorable by events of 
the most striking coincidence, in the almost simultaneous 
decease, on the day of our National Jubilee, of two of 
the most distinguished Actors and Agents in the accom- 
plishment of our Country's Independence, and in the 
sul)se(pient establishment and administration of its Gov- 
ernment. I advert not to these solemn and affecting me- 
morials of the frailty of human existence, with the ii.tent 
of attempting here feebly to repeat the heart stirring 
language of deserved eulogy upon the virtues, the ser- 
vices, and the ever living honors of the de eased ; but I 
refer to them, for the more appropriate purpose, on this 
occasion, of bearing official testimony to the deep sym- 
pathy of the Government of the Commonwealth, with 
all classes of their fellow citizens, in the sentiment of 
grief induced by their deaths, and in the spontaneous 



GOVERNOR'S xMESSAGE. 439 

expressions of respect, affection, and gratitude, which 
will render their natnes and tlie niemorv of their great- 
ness immortal. It was permitted to the Supreme Execu- 
tive of the State, then in session, as the Representatives 
of the people of Massachusetts, to pay the last sad 
tribute of personal regard lo the mortal reniains of him, 
who was of their iuimediate vicinity ; and with a feeling of 
veneration no less profound, and of a sense of obligation 
for patriotic services no less imposing, publicly to notice 
the melancholy tidings of the ileparture of his illustrious 
compeer, of a sister State. The talents, the learning, 
and the eloquence of the most gifted men of the nation, 
have since been worthily tasked to the just delineation of 
the lives and characters of these Sages, Patriots, and 
Benefactors of the age, now gone to the enjoyment of 
their lasting rewards. What remains, th«^n, for us, but 
that by a sedulous imitation of thtir devotedness to cflB- 
cial duty, and by inculcating the principles of patriotism 
and public virtue which they exemplified, we endeavour 
effectuall}' to sustain in our respective stations, and in all 
the future relations of life, the Institutions of Free Gov- 
ernment, of Education, ami of Social Order, which their- 
labors and sacrifices so eminently contributed to bestow 
upon the present generation. 

The practice of the i.egislature, for several of the past 
years, having indicated the convenient arrangement, at the 
first session of the General Court, of a preparation of the 
public business, and of the suggestion of subjects for de- 
liberation and decision at this more leisure season, I had 
the honor, upon the organization of the government, at 
the commencement of the political year, respectfully to 
present, for V our consideration, such to|»ics of general inter- 
est, as seemed to me most destrving of primary and eaniest 



440 GOVERNOR'S MESSAGE. 

attention. With what fidelity or fitness the objects con- 
templated by that communication were recommended, 
you will doubtless now determine. Certain it is, that 
they have lost nothing of their importance, by inquiry or 
the developements of time. The improvement of mind, 
by the means of education, and of natural advantag;es of 
country, by works of ingenuity, liberality, and enterprise, 
can never cease to afford occupation to the Legislator 
and the Philanthropist, and while intelligence, industry, 
and moral virtue, are regarded as the surest supports of 
free government, they will not fail to receive favour and 
effectual encouragement. 

It might, under different circumstances, be considered 
as an importunate obtrusion of personal opinion, to press 
further than I have heretofore done, the importance and 
the necessity of some decisive and bold measures of en- 
terprise and experiment, to secure to the State, the ben- 
efits of its own trade, and to multiply inducements to our 
citizens to cultivate the natural advantages which the 
Commonwealth may afford. But official duty having led 
to inquiries on this subject, the responsibility of declaring 
their results is not to be avoided. It will no longer be 
doubted, that much of the business, wealth, and increased 
population of the State, is, hereafter to depend upon its 
public improvements and internal policy. Its foreign 
commerce has sensibly diminished, and the deficiency is 
to be supplied, by a greater extent of domestic trade, 
sustained by the products of agriculture and manufac- 
tures. The former of these interests may be greatly 
promoted by facilitating the means of transportation, 
while the latter is to be sustained, only by just measures 
of protection, from ruinous competition with the insidious 
exportations of the calculating, or the forced sacrifices of 



GOVERNOR'S MESSAGE. 441 

the starving manufacturers of Europe. With the wis- 
dom 01 Congress it rests to decide upon the earnest ap- 
peal of a numerous class of our Fellow Citizens, against 
the injuries they suffer from the influx of foreign fabrics ; 
and unless there be gross mistake, and still grosser de- 
ception, in the representations which have been made, a 
vital interest of the country and an essential mean of 
maintaining its independence and prosperity is involved 
in the issue. We may, indeed, well rely upon that intel- 
ligence and spirit of patriotism in the National Councils, 
which will regard with care a question of this impor- 
tance ; but while, by the Constitution, it is placed beyond 
the scope of Sta*e authority to relieve from the evil, a 
conviction that it exists, to our peculiar prejudice, vsill 
fully justify a co-operation in all reasonable efforts, by 
opinion and influence, to induce to its removal. 

I have understood, that the committee of the House of 
Representatives, to whom was specially referred the sub- 
ject of a Railway from the city of Boston, westward, will 
offer the result of their inquiries to your immediate con- 
sideration. Their report will come recommended by 
the assurance, that their attention has been perseveringly 
directed to the interesting object of their commission, 
and that, short of the expense and labor of a Board of 
scientific Engineers, a better source of authentic informa- 
tion could not be resorted to by the Government. The 
ad(tplion of some means, whereby to promote the inter- 
course of the remote parts of the State with the Capital, 
is daily acquiring pressing consequence. We are contin- 
ually called to notice new propositions for facilitating in- 
ter-communication between different sections of the 
Commonwea'th and the neighbouring States; and not 
unfrequently, the confidence of private speculation is en- 



442 GOVERNOR'S MESSAGE. 

gaoled in accomplishing these projects, sooner, than the 
public mind becomes satisfied of" tlieir practicability. 
Already, and before the question of authorizing the iai- 
provement of the navigation of the (Connecticut is dis- 
posed of by the Legislature, a Steam Boat, as if the 
earnest and ple^lge of future capacities, has forced its 
passage the whole course of that river through the Com- 
monwealth. And in the same region, where, for a time, 
a timid and profitless apprehension of pecuniary loss dis- 
couraged subscriptions to the Hampshire and Hampden 
Canal, the enterprizing ai d resolute proprietors of the 
stock are now actively causing its excavations and em- 
bankments. Again the busy work of the diversion of 
trade is going on nearer the centre of the State, and the 
already executed labors of the Blackstone Canal assure 
the facility of transportation upon its waters, before the 
close of another season. It cannot surely be matter of 
indifference, that we enjoy, but in common and remotely, 
the advantages of a gradual amelioration of country, or 
by a spirit of liberality and enlightened exertion, adding 
also to the stock of public good, seize upon the peculiar 
benefits, which are to be derived exclusively, from the 
immediate scenes of enterprize and improvement. In the 
construction of works of public utility, there is nothing 
either unpatriotic or unworthily selfish in the attempt to 
secure the first advantages of their use, to the community 
with whom are the labor and the expense of their accom- 
plishment. Canals or Railways, which shall conduct the 
produce, and concentrate the trade of the interior to our 
Commercial Metropolis, would increase the productive 
capital of the country, while they would more directly 
tend to retain and encourage the population, augment 
the resources, and give added force to the relative influ- 



GOVERNOR'S MESSAGE. 443 

ence of the State. The life blood which flows to the 
extremities, an I warms and animates the whole body, 
circulates with strongest pulsations near its source. 

Of> r^currin^, as by the Constitution it is made the duty 
of Lejjislatiires and Magistrates, in all periods of the 
Commonwealth, continually to do, to the interests of Lit- 
erature and the Sciences, the occasion of some further 
provisio'i of means for the instruction of youth will for- 
cibly present itself to your consideration. There are, at 
the present day, manifest indications of increased regard 
to opportunities and advantages for acquiring useful 
knowledge. Education is daily assuming a practical and 
less abstruse character It now connects itself with the 
ordmary pursuits of life, and aims, more directly, at obtain- 
ing the necessary qualifications for the business of society. 
The execution of a recent Statute of the Government, on 
this subject, which, in its general principles, is believed to 
be of the most salutary tendency, has disclosed the fact 
of a deficiency of qualified instructors, for the require- 
ments of the public. The usual resorts to the Colleges, 
and the higher Schools, have been found incompetent to 
the supply. And besides this inconvenience, it comes 
more and more to be felt and understood, that temporary 
engatjements and a divided attention to the business of 
instruction, are utterly inconsistent with the acqtiisition 
of that experience and skill, winch alone can give success, 
in this most difficult and responsible of all employments. 
To increase the number and improve the qualifications of 
the teachers of youth, is an object worthy the best efforts 
of an enlightened age. The suhject has already occupi- 
ed the thoughts of intelligent and inquiring minds, aid 
led to many interesting and valuable discussions, full of 

information and admonition. On a former occasion, it was 

59 



444 GOVERNOR'S MESSAGE. 

presented to your notice, and its intrinsic importance will 
excuse a renewed recommendation of it, at this time, to 
your favorable attention. 

If the condition of the finances of the Commonwealth, 
or other considerations, forbid the establishment of an in- 
stitution, under the exclusive patronaoje of the state, for 
the definite purpose of forming a class of men to the busi- 
ness of instruction, by endowinij them with capacity and 
facility in imparting knowledge, and giving them talent 
and aptitude in the art of governing, with which they may 
go forth into all the Towns and Districts, to reform the de- 
fects of the common Schools, to improve the mode of ed- 
ucation, to diffuse an acquaintance with the physical sci- 
ences, and create greater capacities for usefubiess in the 
rising generation, yet may not something be done for 
these desirable purposes ? There is reason to believe, that 
an appropriation and pledge of an annual sum, for a lim- 
ited period of years, to any of the incorporated Acade- 
mies, which siiould first satisfactorily provide for a course 
of tuition in the qualifications and duties of Teachers of 
youth, or a like promise of encouragement to the earliest 
establishment of a Seminary for the appropriate education 
of such Instructors, would be attended with advantageous 
results. Under this arrangement, and to guard against a 
possible abuse of the public liberality, a Board of Visitors 
should be constituted, to examine the plan of the Institu- 
tion, to inquire, from time to time, into the means and 
course of instruction, and to determine the claim to the 
receipt of the proffered bounty, upon the conditions and 
limitations which the wisdom of the Legislature should 
prescribe. 

Pursuant to an act of the Legislature, relating to the 
method of laying out Highways, passed on the 4th of 



GOVERNOR'S MESSAGE. 44§ 

March last, Commissioners have been appointed in all the 
-Counties of the Commonwealth, in which they were re- 
quired, and some opportunity has now been afibrded to 
determine, by the test of experience, the advantages of 
the system which has thus been introduced. However 
salutary in itself, or acceptable to the community, the 
change may have proved, yet I apprehend, that a compar- 
ison of opinions and observations, upon the various con- 
struction given to the law, and the practice under it, in 
the different counties, will result in a conviction of the 
expediency of its revision, with a view to a more explicit 
enumeration of the powers of the Commissioners, and to 
secure greater uniformity and certainty in the manner of 
exercising their office. By the j)'*ovisions of the Statute, 
the Commissioners, in their discretion, may now ho!d 
their sessions, at any season, anil in any place, for the pur- 
pose of receiving petitions ;~and they will be, and often 
are urged and expected to assemble, to deternnne upon a 
single application. Their duties, in the aggregate, are 
multifarious, arduous and highly responsible. They pre- 
sent the anomaly of judicial, ministerial and executive 
functions, united in the same official character. They 
are require^! to adjudge a vvay, to fix its precise location, 
and to cause it to be constructed. They appropriate the 
lands of individuals to the public use,and assess the equiva- 
lent which the public shall pay to individuals. The per- 
formance of these various services calls them into dis- 
tant and op[)Osite parts of a County, and unless they sljall, 
at fixed and stated periods, deternnne upon the whole bu- 
siness before them, and arrange the order of its conduct, 
for the season, they must be subjected to the inconven- 
ience, and the County to the expense, of repeated travel 
into the same districts of country, to view new routes,to de- 



446 GOVERNOR'S MESSAGE. 

cide upon projects which private interest, or a supposed 
need of public accommodatiou, will i.ojitinuali}' suggest, 
and to contract for, or superintend work, whicu they may 
find occasion, from time to time, to direct. 

In the execution of their office, tliey are also neces- 
sarily called to make interlocutory orders and decisions, 
under circumstances not favorable to a careful an<i satis- 
factory record of their doings. Neither one of their number 
is constituted a certifying officer. It may, and frequently 
will happen,especially in the larger Counties, that the same 
individuals will not Le present at the hearing of all cases,and 
hence arises greater danger of incoirectness, and want of 
precision in the certificates which are required to be made. 
It will be found, I think, upon reference to the books of our 
Judicial Reports, that the adjudication, laying out, an 1 re- 
cording the proceedings of courts, in relation to High\^a}S, 
have heretofore been attended with much legal difficulty, 
and have required the exercise of great care and technical 
skill to avoid objection. No subj(-ct of judicial cogni- 
zance is of more importance, for no prerogative of the 
Government is higher thhn that which can divest the 
freeholder of his possessions, and create an easement for 
the public, out of his absolute fee. Impressed with the 
weight of these considerations, I fee 1 it my duty to re- 
commend an amendment of the Statute, in such manner 
as to establish by law fixed and stated meetings of the 
Commissioners, at which only, petitions shall be received, 
leaving, as now, to the Board, to determine upon such 
other occasions for assembling, as the further execution 
of their office may require; — and to provide also, for the 
a[»pointment of a Clerk, who may be either the Chairman, 
or some other person, as the Legislature shall deem most 
expedient, but who shall be made a certifying officer, and 



GOVERNOR'S MESSAGE. 447 

sworn as such, and ubose duty it shall expressly be de- 
clared, to attend ail nieetin*i;s of the Commissioners, and 
under their direction, to make up and certify the Records 
of tlieir proceedings, in the manner which they are now 
e joined to do. I would also, on this occasion, advert to 
the circumstance, that while in all the Counties in which 
there are Jive Commissioners, a majority are competent to 
the transaction of business, in the Counties of Barnsta- 
ble and Dukes, in each of which, the appointment of but 
three is authorized, the presence of the whole number is 
made requisite. This provision was probably unintentional. 
There is danger, however, from its continuance, and par- 
ticularly in its application to the topographical situation 
of those Counties, that there may be occasional delays 
and disappointments prejudicial to the public interest. — 
The Legislature will judge of the propriety of amending 
the Statute in this particular, and of constituting either 
two of the Commissioners, in Barnstable and Dukes Coun- 
ties, respectively, competent to the discharge of the ap" 
propriate duties of the Board. 

In execution of the provisions of an act passed on the 
1.5th of February last, authorizing the erection of an ad- 
ditional building within the limits of the State Prison 
Yard, in Charlestown, a plan, nearly corresponding with 
that of the Prison at Auburn, in the State of New York, 
and arranged for the separate confinement of three hun- 
dred convicts, was early adopted by the Executive, and 
the work has been since commenced and prosecuted, with 
as great diligence and advancement, as the procurement 
of materials, and the profitable application ot labour, 
would allow. According to a minute statement of its pro- 
gress, recently made to me, by the Warden, who, by law, 
is charged with the personal superintendence of erectipg 



448 GOVERNOR'S MESSAGE. 

and completing the building, the foundation, composed of 
about fifteen hundred tons of heavy stones, placed upon a 
natural bed of clay, five feet below the surface of the 
earth, is finished, aud part of the flooring over this foun- 
dation, of large slabs of granite, in solid masonry, is laid. 
The work is executed in the most cartful and thorough 
manner. The whole of the manual labour has been per- 
formed by the convicts, with the exception of a single 
master mason. The expenses already incurred, charging 
their labour, anrl inclusive of three thousand dollars for 
the erection of two capacious and substantial sheds, for 
the protection and permanent accommodation of the stone 
cutters while at work, which became indispensable, 
amount to eighteen ttiousand dollars. Of this sum thir- 
teen thousand dollars have been paid from the credits of 
the Prison, and five thousand dollars from the Treasury 
of the Commonwealth, on an appropriation made by the 
Legisl iture. 

The Warden is of opinion, that the building may conven- 
iently and economically be completed in one year and a 
half from this time, and that this period canno* be much 
anticipated, but at great additional expense. His indefa- 
tigable and successful management of the business affords 
satisfactory assurance, that there will be no avoidable de- 
lay in its accomplishment. There probably will not be 
occasion for a further appropriation of money from the 
Treasury, to this object, the present session. It becomes 
pn)per for me to state to jou, that it has been found essen- 
tial to the strength and security of such a Structure, that 
the stones should be straightened, and the rough parts re- 
moved by the hammer, that they may be placed compact- 
ly antl closely together. If this shall be regarded as a 
deviation from the intention of the Legislature, in requir- 



GOVERNOR'S MESSAGE. 449 

ino; that the building; should be of uuhammered stone, the 
statute in that provision needs amendment. 

The annual Report of" the Directors of the Prison, to 
the Executive, furnishes renewed evidence of the success- 
ful management and profitable results of the labour of the 
convicts. The accounts, made up to the first of October 
last, give a balance in favor of the Commonwealth, from 
th»^ earnings of the Prison, beyond ail expenses for the 
support of the Institution, of nine thousand seven himdrid 
and nineteen dollars and seventeen cents. The conduct 
ot the convicts, througl) the year, has been remarked for 
unwonted submission and ready obedierice to authority. 
" An unusual degree of health," say the Directors in their 
Report, " has prevailed among the convicts for the year 
past. They have laboured with apparent cheerfulness, 
and with a peaceable submission to the laws of the Insti- 
tution. But one attempt to escape, and not a single in- 
stance of combined opposition to the laws has occutred, 
Misdemeanors have been less frequent, and the rare occur- 
rence of the solitary cells being without a single convict, 
committed for a violation of the rules of the prison, has 
happened more than once, during the past year." The 
Reports of the Warden, the Chaplain and the Physician, 
confirm this gratifying representation, and furnish increas- 
ed ground for hope, that, with the completion of the 
building now constructing, and the introduction of a more 
salutary system of government and restraint, to prevent 
the contaminating influence of vicious intercourse, all rea- 
sonable expectations, which can be itiduloed, of the best 
effects of Penitentiary Djsci line, will be fully realized. 
I regret to have learnt, that some colli-^ion has arisen be- 
tween the Warden and the Board of Directors upon a 
subject of relative authority, which may require tneiuier- 



450 GOVERNOR'S MESSAGE. 

' position of the Legislature to remove, and hereafter to 
prevent, by more distinctly and definitely prescribing the 
duties of their respective otFices. The papers, which ac- 
company this communication, will explain the occasion 
and the extent of the difficulty. 

The important interests of the Commonwealth in the 
unimproved lands in the State of Maine, require the con- 
tinual superintending attention of the government. Not- 
withstanding the utmost exertions of an intelligent, faith- 
ful and zealous officer, in the Land Agent, trespasses, to a 
great extent,have been suffered from irresponsible and des- 
perate depredators upon the public; property. The mea- 
sures of corrective and protection which are resorted to, 
somewhat limit, although they cannot altogether prevent 
the evil. In a few instances, recourse has been had to the 
civil authority, and redress for a portion of the mischiefs 
will, it is hoped, be obtained. It must undoubtedly be for 
the interest of the Commonwealth to open the sales of 
the L«T)ds which are already, or may hereafter be divided 
with Maine, as fd.<?t as there is a demand for them for set- 
tlement, or whenever it may be done, without sacrifice of 
their value, and in the mean time, to continue the imme- 
diate charge over then), which a vigilant Agent will ex- 
ercise. There is no aufhorit}^ at present, for selling the 
Townshij)s on the Penobscot, which were surveyed the 
last year. A pro{)ortion of these lands are described as 
exceedingly valuable for their timber, and to be much de- 
sired by purchasers. A particular and instructive Report 
on the subject of the sales which have been made, and 
the general character and situation of the remaining lands 
may be expected by you from the Land Agent. 

From inquiries which were instituted, and the informa- 
tion obtained by the Executive, it has been thought 



GOVERNOR'S MESSAGE. 451 

proper to suspend ihe commencement of the work of 
clearing out, and miking f>assable through the public 
lands, the Road from Penobscot River to Houlton Planta- 
tion, as autnorized by a Resolve of the \st of March last, 
until there was opportunity for a further expression of the 
pleasure of the Lc gislature, on the subject. It has re- 
peatedly been represented to mt, that the course of this 
Road might most advantageousl) be altered, both by giv- 
ing it a more convenient diredion, and in rendering it 
much less expensive in construction. In this opinion, I 
have reason to believe, that the Executive of Maine fully 
coincides. The concurrent authority of the Legislatures 
of both States is req^iisite to the proposed deviation from 
the existing location of the Route. The object is deemed 
of importance, and I recommend such a modification of 
the Resolve heretofore passed, as to allow the alternative, 
with the consent of the State ot Maine, of clearing and 
making passable the old road, or laying out and construct- 
ing a nevv one, as upon satistactory information shall be 
found most beneficial. 

The Road authorized to be constructed from the mouth 
of the Mattawamkeag Stream, on the Penobscot, to the 
mouth of Fish River, has been directed to be surveyed, 
but the Report and Plans of the Surveyor are not yet 
returned. 

In compliance with the request of the Legislature ex- 
pressed in a Resolutmn of the 17th of June last, I imme- 
diately thereafter addressed an application to the Secret; ry 
of War, for copies ot the surveys, made by order of the 
Governmt nt of the United States, in the County of Barn- 
stable, to ascertain the practicability of constructing a 
Canal to unite the waters of Buzzards Bay and Barnstable 

Bay, and at Nantucket Island, in relation to a proposed 
60 



452 GOVERNOR'S MESSAGE. 

Breakwater, at Great Point, togf ther with copies of the 
communications of the Board of Enjiineers to the Depart- 
ment, in respect to those objects. Soon after, a printed 
copy of the Reports and Documents, relative to the 
surve} s at Barnstrible and Buzzards Bays, was received 
b}' me, with information from the Secretary that it would 
not be in his power to furnish the others, for some time ; 
that the survey of Nantucket had been completed, and 
the drawing and memoir relating to it were in the pos- 
session of the Engineer Department, but that no prcject 
for a Breakwater had been formed. This communication 
was accompanied witli an assurance, that whenever the 
business was finished, copies of the papers should be for- 
warded. The delay is probably still owing to the contin* 
uance of the cause mentioned by the Secretary. The 
papers which have been received, are herewith transmitted. 

The improvements authorized upon the public grounds, 
about the State House, are nearly completed. They 
have been directed with that attention to economy which 
was consistent with a due regard to situation and appear- 
ance. Tile accounts, when made up, will be laid before 
you. It is with great satisfaction I have it in my power 
to state, that the Granite, of which the walls, and the 
splendid gateway, in fiont of the yard, are constructed 
was wrought by the convicts in the State Prison. They 
exhibit a style of exceller»ce in workmanship, on this 
material, which probably has never, any where, been 
surpassed. 

The annual accounts of the Treasury, made up to the 
end of the quarter just past, exhihit a balance in favour of 
the Commonwealth, to tiie amount of 883,77.') 82. This 
sum, which is inclusive of nearly 830,000 of the arrearages 
of taxes heretofore granted, is less, by 82,710 43 than the 



GOVERNOR'S MESSAGE. 453 

balance of the last year, thus showing an l^ccess of expendi- 
tures over the receipts of the year, even with the aid of 
this large credit for taxes, from which but little, if any thinc", 
more is now to be received. By the statement and estimates 
of the Treasurer, it also appears, that in the aggregate of 
credits, is included an amount of Notes and Bonds given 
for the sales of Eastern Lands, which applied in payment 
of the ordinary expenses of Government, may, with more 
propriety, be regarded as an exhaustion of capital, than 
an application of annual revenue. If the sales go on, and 
this disposition of the proceeds be a little longer suffer- 
ed, the fund itself, with all the income arising from it, 
will cease. Nor should it now be unheeded, tlipt in the 
year li331, the Bank charters will expire, and, upon the 
terms and extent of their renewal, must depend the pro- 
portion of public revenue to be derived, from this hith- 
erto productive source. Although there can be no pre- 
sent doubt of the propriety of continuing these (-orf men- 
tions, under some limitations, yet, at that period, a state 
of things may possibly exist, which will render it un afe, 
as it must be unwise, to place it in the power of a com- 
bination of monied institutions, to control the question, 
h^j the very necessity of their existence to the support 
and operations of Government. The current yearly 
charge's upon the Treasury are estimated at about two 
hundred and forty thousand dollars, while the receipts, 
inclusive of ihe Banii Tax, the Auction Duties, Notes 
an<l Bonds for Ea'^tern Lands, with all the miscellaneous 
items, are com(.)Uted to amount but to two lumdied and 
fifteen thousand, leaving, with present means, a defif iency 
of twenty-five thousand dollars, annually, to fte provided 
for. How long the balance now on hand maj supply 
this deficiency, must depend upon the extraordii»ary ap- 
propriations of the Legislature, either to purposes of 



454 GOVERNOR'S MESSAGE. 

e 'iicaton or pulUjfi improvement. It has been looked to 
by >^ me that tiie ultimate payment of the Massachusetts 
Claim upjn the General Government, which a regard to 
the riijhts and lionour of the State, and a reliance upon 
the justice of the nation, require us continually to de- 
mand and to expect, would hereaft r supply ai.y present 
omission to improve the revenue. But is it remembered, 
that the origin of this fund was in the price of pecuniary 
compensation paid for the services, the sacrifices, and 
the sufferings of a former generation, in the War of In- 
dependence ; — and shall it be slothfully consumed, on 
common and ordinary occasions, in a day of quiet, pros- 
perity, and abundant resources? Rather let it be so- 
lemnly devoted to the appropriate and best enduring 
memorials of our Fathers' character and virtues, in nour- 
ishing the Schools which they planted, and in works of 
art, to enrich the country which w^s reclaiTied from 
nature by their toil, and delivered from oppression by 
their valour. 

It is with peculiar gratification that T am enabled to 
inform you, that the Commission constituted under the 
authority of the State of Connecticut and this Common- 
wealth, to ascertain the monuments, and fix the line of 
division, between the respective Governments, have ami- 
cably adjusted this boundary, and thus terminated a con- 
troversy which has long vexed the inhabitants of the 
adjacent territory, and been the occasion of much public 
anxiety, trouble, and expense. Copies of the reports of 
the Commissioners, which are just now transmitted to 
me, will be communicated for your more particular infor- 
mation, as early as they can be prepared. 

In whatever measures for the advancement of the pub- 
lic interest, concurrence and co-operation, on my part. 



GOVERNOR'S MESSAGE. 455 

may be required, they will be induced by an earnest 
reg;ard to the discharge of official duty, and a faithful 
sense of obli«;ation for the expression-^ of confidence, 
with which I have been honoured by my Fellow Citizens. 

LEVI LINCOLN. 

Council Chamber i Boston, January dd, lii27. 



456 LAWS OF COMMONWEALTH. 

CHAP. XXXL 

To the Honottrnble the Senate, and 
the House of Representatives : 

I communicate a plnii and estimates, recently furnished 
by Alexander Parris, an Architect of experience and skill, 
for warmino" the Senate Chamber, and the Hall of the 
House of Representatives, by means of hot air stoves. — 
No authority was given to the Executive to cause the 
Avork to be constructed, and if the })lan now proposed 
should be adopted by ^ou, it can only be with reference 
to the greater comfort of the Legislature, another year. 

LEVI LINCOLN. 

Council Chamber, January 6, 1827. 



CHAP. XXXH. 

"Resolve providing for the distribution of the Laws of this 

Commonwealth. 

January 9, 1827. 

Resolved, That the Secretary of the Commonwealth 
be directed to deliver to the Sheriff and the Judge of Pro- 
bate of each County, one set each, of the Laws of this 
Commonwealth, published by a resolve passed February 
twenty-second, one thousand eight hundred and twenty- 
two, and that he also deliver to the Register of Deeds 
of each County, one copy each, for the use of tlieir re- 
spective offices, to be left by them with their successors in 
office, and also one copy to the Warden of the State's 
Prison to be kept in the Prison for the use of the Warden 
and Directors. 



GOVERNOR'S MESSAGE. 457 

CHAP. XXXIII. 

Gentlemen of the Senate^ 

and of the House of Representatives ; 

I have receiv^ed from the Commissioners under the Act 
providing for the separation of Maine from Massachusetts, 
a Report of their further proceedinos, the last season, in 
surveyinoj and (hviding; the public lands between the States 
respectively, by wltich it appears, that sixty five Town- 
ships, on a tract of coinitry north of the Monument line, 
and west of the second ranjjfe of Townshij)s heretofore 
located, have been surveyed and divic'ed, of which 
749,712 acres, in Townshij)s and part-* of Townships, are 
assigned to the share of tliis Commonwealth. Copies of 
the Records of the doings of the Commissioners, and of 
the surveys and plans taken by their order, are deposited 
in the Arcfiives of State, pursuant to the directions in 
the aforementioned Art. The accompanying communica- 
tion, made to me by them, coiiveys intei^esting information 
in relation to the situntion and value of the propert}', 
which I think proper to lav before the Legislature. 

I avail myself of this opportunity to transmit copies of 
a correspondence between the I^and Agent and the Exec- 
utive of the Commonwealth, in reference to the situation 
and general management of the public lands in Maine. 

LEVI LINCOLN. 

Council Chamber, January lOth, 1827. 



CHAP. XXXIV. 

Gentlemen of the Senate^ 

and of the House of Representatives ; 

I herewith transmit copies of a Report made to the 
Executive by the Commissioners of this Commonwealth, 
who were appointed in conjunction with Commissioners 



458 DEAF AND DUMB PERSONS. 

on the part of Connecticut, to ascertain the monuments, 
aud fix the line ol' division and boundary between the two 
States, east of Connecticut River; together with copies 
of the joint Report of the Comjnissioners, of their final 
ai^reement anil determination in the establishment of the 
line, and the erection of conspicuous and "iurable Monu- 
ments for its future precise desii»;nation. The orisj;inals of 
this last mentioned Report and Agreement, with a plan 
taken by Surveyors employed by the Commissioners and 
umler their direction, on which are delineated the points 
of compass, distances, and course of the line, were in du- 
plicate, one copy of which, returned for the use of this 
Government. I have caused to be deposited in the office 
of the Secretary of State. 

LEVI LINCOLN. 

Council Chamber, January 12th, 1827. 



CHAP. XXXV. 

Resolve relating to further appropriations for Deaf and 
Dumb persons^ 8fc. 
January 17, 1827. 

Resolved, That there be annually appropriated, out of 
the Treasury of this Commonwealth, a sum not exceeding 
five hundred dollars, in addition to an appropriation made 
by a Resolve passed on the eighteenth day of February, 
in the year of our I^ord one thousand eight hundred and 
twentj-five, to defray the expenses of board and instruc- 
tion of Deaf and Dumb persons at the American Asylum, 
in Hartford; and that his Excellency the Ciovernor with 
advice of Council, be atjthorized to draw his warrant on 
the Treasurer for the same, in such cases and untler such 
restrictions and limitations, as are mentioned in the Resolve 
aforesaid 

Resolved^ That these Resolves shall be continued in 
force for the term of three years and no more. 



MESSAGE. 159 



CHAP. XXXVI. 

To the Honorable the Senate, and 

House of Representatives ; 

In compliance with the request of His Excellency the 
Governor of Georgia, I transmit for your consideration the 
accompanying communication of the proceedings of tlie 
Legislature of that State, upon the subject of an alteration 
of the Constitution of the United States, in such manner 
" as will prevent the election of President from devolving 
in any event on the House of Representatives, and which, 
at the same time, will preserve inviolate all the rights of 
the States growing out of the compromises of the Con- 
stitution." 

LEVI LINCOLN. 

Council Chamber, January 17th, 1827. 



CHAP. XXXVII. 

To the Honorable the Senate, 

and House of Representatives ; 

I transmit a communication from the Secretary of the 
Navy of the United States, conve} ing a request, in be- 
half of the Commissioners of Navy Hospitals, for a session 
of jurisdiction by this Commonwealth, to the United States, 
over a tract of land situate in Chelsea, near the Navy 
Yard, in Charlestown, and particularly described in an 
extract from the deed of purchase accompanying the 
communication. 

LEVI LINCOLN. 

Council Chamber, January I7th, 1827. 

61 



460 J. W. BUOWN.—WM. STOKES. 



CHAP. XXXVIII. 

Resolve on the petition of Joseph W. Brown, ct at 
January 26, 1827. 

On the petition and representation of Joseph W. Brown 
and another, setting forth, that the Town of Tyringham, 
in the County of Berkshire, received a sum of mone}- for 
the support of Paupers, whose support was not chargea- 
ble to the Commonwealth ; — 

Resolved, That the Treasurer of the Commonwealth 
be, and he is hereb}' authorized and directed, to receive 
of the Town of Tyringham, the sum of three hundred 
and ninety three dollars and ninety cents, being the amount 
paid said town for the support of Josey^h Bassett and 
family, as allowed January Session last, with interest on 
said sum from the time the same was paid, and a discharge 
to give said town therefor. 

Resolved, That if said sum shall not be paid into the 
Treasury of the Commonwealth, within six months from 
the passing of these Resolves, the Treasurer be, and he 
is hereby authorized and directed, to commence a suit 
against said Town for the recovery of said sum. 



CHAP. XXXIX. 

A Resolve, in addition to a Resolve made and passed on 
the ttventy-first day of February, in the year of our 
Lord eighteen hundred and twenty-six, on the Petitiofi 
of William Stokes and others. 

January 26, 1827. 

Resolved, That there be paid out of the Treasury of 
the Commonwealth, to James Salter and William Stokes, 
jun., the Agents and Attorneys of said Petitioners, the 



JOHN B. DORION. 461 

sum of eighteen hundred and fifty dollars, in said Resolve 
mentioned, to a^d for the use of the aforesaid Petitioners, 
in full satisfaction of all the right, title and interest, which 
said petitioners have in and unto the said sum received 
by said Commonwealth, as is in said Resolve mentioned ; 
And that the warrant drawn by his Excellency the Gover- 
nor upon the Treasurer, in pursuance of said Resolve, be 
and herebj' is cancelled, and that his Excellency the Gov- 
ernor, be and hereby is authorized to draw his warrant upon 
the Treasurer, in favor of said James Salter and William 
Stokes, jun., as the Agents and Attorneys of said Peti- 
tioners. 



CHAP. XL. 

Resolve on the petition of J. B. Dorion, and others. 
January 27, 1827. 

Upon the petition of John B. Dorion and others, rep- 
resenting that Nicholas Dorion, formerly of Quebec, in 
the Province of Lower Canada, late of the City of Bos- 
ton, Gentleman, deceased, died intestate, seized in fee of 
a certain small parcel of land in the City of Boston, mea- 
suring forty feet by twenty, bounded northerly by South- 
ack street, westerly by Garden street, southerly by land 
formerly of Richard Hills, and easterly by land formerly 
of William Cox, and that by reason of the alienage of the 
heirs at law of said Nicholas, the said land would, upon 
an inquest being had, escheat to this Commonwealth, and 
praying that this Commonwealth would forego and relin- 
quish their right in this particular; 

Resolved, That the Petitioneis, John B. Dorion, Etienne 
Gauvin, Marie Gauvin, wife of said Etienne, Joseph Do- 
rion, and the children of Peter Dorion, deceased, (the 
said John, Joseph, and Peter being brothers, and said 
Marie the sister of said Nicholas, deceased,) be and they 
are hereby authorized and empowered to take, hold, and 



462 GEORGE F. RICHARDSON. 

convey, said parcel of land, as fully and effectually, and 
in the same proportions, as if they were citizens of the 
United States ; and that this Commonwealth do not, and 
will not claim said estate as an escheat by reason of the 
alienage of the heirs at law of the said Nicholas deceased, 
Provided koivever, that nothing herein contained shall ex- 
empt said real estate from the power of the Administra- 
tor of the estate of said Nicholas i;o make sale thereof, 
for payment of the intestate's debts, in case the personal 
estate proves inadequate for that purpose. 



CHAP. XLI. 

Resolve on the petition of George F. Richardson, 
January 29, 1827. 

On the petition of George F. Richardson, of Topsham, 
in the State of Maine, for an extension of the time of 
payment of certain instalments of money due to the 
Commonwealth for lands purchased by him in the State 
of *Iaine; 

Resolved, For the reasons set forth in the said petition, 
that three 3'^ears, from and after the tenth day of Feb- 
ruary next, be allowed the said petitioner, in which to pay 
the instalments now due- and payable, or which may then 
be due and payable to the Commonwealth ; and also that 
the term of three years be extended and allowed to said 
petitioner, from and after the times of payment of the 
subsequent instalments due from him as aforesaid, for the 
payment of the same. And that the Treasurer of this 
Commonwealth, be, and he hereby is directed to extend 
to said petitioner the times of payment of said instal- 
ments accordingly. 



LIBRARY.— MESSAGE. 463 



CHAP. XLII. 

Resolve appropriating an additional sum of money for the 

Library of the General Court. 

February 2, 1827. 

Resolved, That the Committee of the Library of the 
General Court be authorized to procure a copy of the 
American Edition of Rees' Encyclopedia, and that his 
Excellency the Governor, by and with advice of Council, 
be and he hereby is authorized to draw his warrant on 
the Treasury, in favor of said Committee, for one hun- 
dred and fifty dollars to defray the expense thereof. 



CHAP. XLHI. 

Gentlemen of the Senate, 

and of the House of Representatives. 

I have received from his Excellency Governor Troup, 
of Georgia, several printed pamphlets, which contain 
copies of various correspondence between officers of that 
State and of the General Government, and of numerous 
documents, on the subject of the recent controversy con- 
cernina; the treaties of the United States with the Creek 
Indians. 

These papers appear to be transmitted in pursuance of 
a Resolution of the Legislature of Georgia, which pur- 
ports an appeal from measures of the National Executive, 
on matters in a great degree of local interest and excite- 
ment, to the examination and judgment of the State 
governments. Without adverting more particularly to 
the character of the communications, the respect and 
courtesy, due to the government of a sister State, re- 
quires from me a compliance with an express request to 
transmit them for your consideration and disposition. 



464 E. T. & A ■ Ht>WE.~-LEVI HOLT. 

The pamphlets being voluminous, and in a single set, 1 
ask to be indulged in directing the Secretary to lay them, 
firsl^ on the table of the Honorable Senate. 

LEVI LINCOLN. 

Council Chamber, February 2rf, 1827. 






CHAP. XLIV. 

Resolve on the petition of Elizabeth, Tabitha, and Anna 

Howe. 
February 3d, 1827. 

Resolved, For reasons set forth in their petition, that 
there be paid to Elizabeth Howe, Tabitha Howe, and 
Anna Howe, the sum of forty-five dollars and eighty-two 
cents, it being the balance of a Loan Office certificate, 
and the interest which would have accrued thereon, pro- 
vided the same had been funded in conformity to the laws 
of this Commonwealth. And his Excellency the Gover- 
nor, by and with the advice of Council, is requested to 
draw his warrant on the Treasury of this Commonwealth 
for the abovementioned sum. 



CHAP. XLV. 

Resolve on the petition of Levi Holt,jun. 
February 5, 1827. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Levi Holt, jun. of 
Townsend, in the county of Middlesex, the sum of one 
hundred dollars, in compensation for a wound and injury 



REMEMBER RANSON.— MESSAGE. 465 

received, on the fourth day of October last, while in the 
regular discharge of his militia duty, and also the further 
sum of twenty dollars a year for the term of five years ; 
and that his Excellency the Governor be requested to 
draw his warrant on the Treasury for the sum aforesaid. 



CHAP. XLVI. 

Resolve on the petition oj Remember Rmison, of Salem, 
in the County of Essex, widow. 

February 5, 1827. 

Resolved, For reasons set forth in said petition, that all 
the right, title, and interest, which the Commonwealth has 
or might have, in and to a certain piece of land with a 
dwelling house thereon, situate in Salem, formerly owned 
by her husband, Cato Ranson, late of said Salem, labourer, 
deceased, with the privileges and appurtenances thereto 
belonging, be and the same is hereby granted and released 
to the said Remember Ranson, and her heirs forever ; the 
said estate being supposed to have escheated to the Com- 
monwealth for want of heirs of said Cato deceased. 



P CHAP. XLVII. 

Gentlemen of the Senate, 

and of the House of Representatives. 

It becomes my duty to inform the two Houses of the 
Legislature, that a vacancy has occurred in the command 
of the Fifth Division of the Militia, by the resignation of 



466 MESSAGE. 

Major General Benjamin Lincoln, which has been accept- 
ed and who has therefore been honourably discharged. 

LEVI LINCOLN. 

Council Chaviber, Fehruai^ 5, 1827. 



CHAP. XLVIIL 

Gentlemen of the Senate, 

and House of Representatives. 

In pursuance of the advice of the Executive Council, as 
expressed to me in the accompanying extract from their 
records, I transmit to you the accounts of the Honourable 
George Sullivan, late Agent of the Commonwealth, for 
services rendered and expenses incurred by him, in the 
prosecution of the Massachusetts Claim. By the Report 
of Council it appears, that no account has ever been set- 
tled with Mr. Sullivan, and from the necessary connexion 
of some of the items of charge with the accounts exhib- 
ited by Joseph H. Peirce, Esquire, at one time his Co- 
Agent at Washington, which were referred to the Legis- 
lature by my predecessor in office, it has been deemed 
proper, that a like disposition, without prejudice from any 
other consideration, should now be made of the present 
demand. It would have been most agreeable to me, to 
have been enabled to time this communication, according 
to the wishes and perfect convenience of the gentleman 
interested. But I have to observe, that the Report in 
Council was not, and could not have been made until too 
late for a seasonable transmission of the papers, at the 
last session, and that the acceptance of that Report has 
been delayed to a recent day, to give opportunity for a 
further explanation of the accounts, and a more full ex 
pression of the views of Mr. Sullivan, in reference to the 
manner of their adjustment. The present session having 
far advanced, the subject was voluntarily resumed by the 
Honourable Council, that it might be in the custody of the 



ISAAC TRAIN. 467 

Legislature, to be acted upon b}^ them, whenever appli- 
cation shall be made for the purpose. 

The accounts and such explanations as have heretofore 
been offered in relation to them, other than in communi- 
cations made on former occ^asions, and now in the posses- 
sion of the Legislature, accompany this message. It is 
undoubtedly true, that Mr. Sullivan devoted much time 
and active service to this agency, and I recommend the 
settlement of his accounts, to your prompt, liberal, and fa- 
vorable regard. 

LEVI LINCOLN. 

Council Chamber, February 5, 1827. 



CHAP. XLIX. 

Resolve on the petition of Isaac Train. 
February 6, 1827. 

Resolved, That the Justices of the Court of Sessions, 
within and for the County of Middlesex, be and they 
hereby are authorized and directed to examine the ac- 
coiu)t of Isaac Train, for clothing and fuel furnished state 
convicts, sentenced by the Justices of the Supreme Judi- 
cial Court, and the Municipal Court in the County of Suf- 
folk, to confinement in the common Gaol in the County of 
Middlesex, and that they allow tlie said Train the same 
compensation, as by law they are authorized to allow for 
the same articles furnished convicts, who have been sen- 
tenced, within said County, to confinement in said Gaol ; 
and the said Justices of the Court of Sessions are hereby 
authorized to draw their order on the County Treasurer, 
in favor of said Train, for so much as they may find justly 
and equitably due to him ; and the said County Treasurer 
shall charge, and be allowed the same, in his accounts 
against the Commonwealth. 
62 



468 H. D. BARRON.— S. W. DEXTER. 

CHAP. L. 

Resolve on the petitio?i of Hannah D. Barron. 
February 8, 1827. 

On petition of Hannah D. Barron of Bradford, State of 
Vermont, praying the Commonwealth, for reasons therein 
stated, to relinquish their claim to three small parcels of 
real estate, lying in this Commonwealth, (viz.) one in the 
town of New Bedford, and two in the town of Worcester, 
amounting in the whole, by appraisement, to seven hun- 
dred and four dollars and sixty nine cents. 

Resolved, That this Commonwealth do hereby transfer, 
release and quitclaim to the said Hannah D. Barron, her 
heirs and assigns, all the right, title and interest, which has 
accrued to the Commonwealth, by way of escheat, in and 
to the tracts of land before described, of which her late 
husband William Trotter died seized. 



CHAP. LI. 

Resolve on the petition of Samuel W. Dexter, and others^ 
February 10, 1827. 

Upon the petition of Samuel W. Dexter, Franklin Dex- 
ter, Samuel M. McKay, and Katharine G. McKay, praying 
that said Samuel W. Dexter may be empowered to sell 
the right, title, and interest of the children of said Peti- 
itioners in and to the real estate therein mentioned. 

Resolved, That the said Samuel W. Dexter be, and he 
hereby is authorized and empowered, by any deed or 
deeds, made and executed by him in due form of law, to 
pass and convey to any person or persons, all the right, 
title, interest and estate, in and to any lands, tenements, and 
hereditaments, within this Commonwealth, devised to the 
children ofthe said Samuel W. Dexter, Franklin Dexterjand 



MESSAGE. 469 

Katharine G. McKay respectively, in and by the last will 
and testament of Mary R. Dexter, late of Boston in the 
County of Suffolk, singlewoman, deceased. And such 
deed or deeds of said Samuel W. Dexter shall have the 
full effect in law to pass tiie whole remainder in such real 
estate, after the determination of the estate of the first 
tenant for life, to the purchaser or purchasers, and their 
heirs, in fee simple forever : Provided, however, That 
said Samuel W. Dexter shall, before executing any such 
deed, give bond to the Judge of Probate, or other officer 
exercising the duties of that office, where said Samuel W. 
Dexter resides, to secure to the use of his own children, 
and shall also give bond to the Judge of Probate for the 
County of Suffolk, to secure to the use of the respective 
children of said Franklin Dexter and said Katharine G. 
McKay, the proceeds of any sales made by him by viitue 
of this act, in the same manner and on the same contigen- 
cies, in and on which such children would have been 
entitled respectively to the real estate so sold, if this 
Resolve had not passed : And Provided also, that no sale 
made by virtue of this Resolve shall defeat any claim 
which any annuitant mentioned in said will would other- 
wise have had upon said real estate. 



CHAP. LII. 

Gentlemen of the Senate, 

and of the House of Representatives ; 

I herewith transmit the accounts of Alexander Parris, 
the Architect employed to superintend the construction of 
a new principal entrance, and the repairs and alterations 
upon the fences and grounds about the State House Yard, 
pursuant to a Resolve of the Legislature, passed on the 
3d of March last. It is observed with regret, that the 
expenses have greatly exceeded the estimates. The plan 
of improvement was supposed to be within the appro- 



470 MESSAGE. 

priation. But the work increased in magnitude, most 
unexpectedly, in the course of its execution. Upon re- 
moving the old fence, it was seen, that the foundation '^^ as 
altogether insufficient lo justify constructing the new work 
upon it. The trench was narrow and filled in only with 
common field stones loosely thrown together. It became 
therefore indispensable to widen and deepen the founda- 
tion, and also to change, in some degree, its location, to 
conform the fence to existing angles occasioned by recent 
improvements in the contiguous streets. A greater quan- 
tity of materials were thus required. It was also found 
necessary, for the very security of the building, to relieve 
the east wall, erected by the 1^'ity , from the pressure of a 
high mound of earth, operated upon by the action of severe 
frost, and to reduce and conform the glacis accordingl}^ 
The peculiar character of the season tended to delay and 
to augment the cost of the labor. Every precaution was 
taken to secure diligence and economy in the prosecution 
of the business, and to this end, the attention and oversight 
of the Treasurer and the Secretary of State, so acceptably 
rendered on a former occasion, were again requested, and 
have been faithfully exercised in aid of its direction and 
su})erintendence. 

Under the admonition of the Legislature expressed in 
the Resolve before referred to, that the improvements 
should be made " with [)roper regard to appearance," and 
" be of a description to satisfy the public taste," it is pre- 
sumed, that nothino; will be found to have been done 
unnecessarily, l^ess elegance of style, or thoroughness 
of execution, would not have been satisfactory. The 
principal work is now finished for ages. It is wholly of 
stone and of iron, immoveably fixed, not liable to be de- 
facer), and subject to no future occasion for repairs. It is 
worthy of the character of the State, and the importance 
and grandewr of the objects, to which it is appropriate. 

The whole sum heretofore granted for the work has 
been drawn from the Treasury. For the payment of the 
balance, whatever it may be found, upon the settlement 
of the accounts of the superintendent, further provision 
will be necessary, by the Legislature. 

LEVI LINCOLN. 

Council Chamber, February 10, 1827. 



D. TOWNSEND.— E. BRIDG. 471 

CHAP. LIII. 

Resolve, releasing certain Auction duties to David 

Townsend. 

February 13, 1827. 

Resolved, That all duties on spies at auction, due to the 
Cojiinion wealth, from David Townsend of Waltham, pre- 
vious to the first day of June, A. D. 1825, be and are 
hereb}^ released. 



CHAP. LIV. 

Resolve on petition of East Bridgewater. 
February 14, 1827. 

The Committee to whom was referred the petition of 
the Selectmen of East Bridgi'water, praying that a guardian 
mny be appointed to a certain native Indian and his fam- 
ily, residing in said town, have had the same under con- 
sideration, and for the reasons therein assigned, ask leave 
respectfully to report the following Resolve. 

THOMAS HO BART, Per Order. 

Resolved, That Azor Harris, of East Bridgwater, in the 
county of Plymouth, be, and he hereby is appointed 
guardian of Samuel W ood, an Indian, a native of, and 
residing in said town, and owning lands therein, and of 
his chilclren, with all the powers over the said Wood and 
his children, and over all tlieir estate and property within 
said County, which are, by the laws of this Common- 
wealth, given to guardians in other cases : Provided, that 
the said Harris first give sufficient bonds to the Judge of 
Probate for the said County of Plymouth, foi' the faithful 
performance of the trust reposed in him by this appoint- 
ment. 



472 BENJAMIN WEAVER. 



CHAP. LV. 

Resolve on the petition of Benjamin Weaver and others* 
February 15, 1827. 

Resolved, That his Excellency the Governor, by and 
with advice of the Council, be and he hereby is, authorized, 
to appoint three discreet and disinterested persons, as 
Commissioners, to inquire and ascertain what title the 
Commonwealth at any time had in and to the premises 
described in said petition ; and whether the said Com- 
monwealth is bound, in equity and good faith, to warrant 
and defend the said premises to said Petitioners, or either 
of them. 

And if the said Commissioners shall find that the said 
Commonwealth has ever caused deeds of conveyance to 
be made of the premises, with warranty of title, and that 
the title of the Commonwealth was for any cause imper- 
fect, that it shall be the duty ot the said Commissioners, 
to ascertain the validity of the title of any person claim- 
ing said premises, and on what terms and conditions such 
title can be obtained for this Commonwealth, or for the 
said petitioners, or what sum of money it would be just 
and proper for said Commonwealth to pay, either for a 
full and perfect title to the premises, so that said petition- 
ers may not be disturbed in their possession, or to said 
petitioners or either of them, for the relinquishment ofalL 
their claims under any deeds of the said Commonwealth, 
and to make any contract, bargain, or agreement, either 
with such person or persons as may have good title at 
law to the premises, or with the petitioners for the release 
of their claims, which said Commissioners may deem con- 
sistent with good faith, and for the interest of said Com- 
ntionwealth : Provided however, that no contract, bargain, 
or agreement, so made by said Commissioners, shall be 
binding on this Commonwealth, until the same shall bft 
ratified by the Governor and Council. 

And Resolved, that his Excellency the Governor, with 
advice of Council, be, and he hereby is authorized to draw 



MESSAGE. 473 

his warrant on the Treasury for such sum, not exceeding 
one thousand dollars, as he may deem necessary to defray 
the expense of said commission. 

Resolved, That when any such agreement shall be made 
by said Commissioners as above provided for, and the 
same shall have been ratified by the Governor and Coun- 
cil, his Excellency the Governor, by and with the advice 
of Council, may, and he hereby is authorized to draw 
his warrant on the Treasury for so much money as may 
be necessary to carry the same into effect, according to 
the terms thereof so ratified as aforesaid. 



CHAP. LVI. 

Gentlemen of the House of Representatives ; 

I return to the House of Representatives, where I am 
advised it originated, a Bill, entitled " an Act, to incorpo- 
rate the Mozart Association, in Salem," with my objec- 
tions to its becoming a Law of the Commonwealth. 

In entering upon my present office, I diligently and 
earnestly sought to examine and settle upon the duties, 
which devolved upon me, in relation to the exercise of 
the Executive prerogative in acts of legislation ; and by a 
careful regard to the principles of a Representative Gov- 
ernment, and the provisions of the Constitution, in the 
arrangement and distribution of its powers, I was brought 
to the result, that the interposition of a negative was to 
be justified only in questionable cases of Constitutional 
right, or on subjects of high political bearing, or of great 
public expediency. Of this latter character, in principle, 
although relating to an object in itself of no great moment, 
do I now consider the Bill for incorporating the Mozart 
Association. In the objections, which I have respectfully 
to suggest, I cannot be subjected, I trust, to the suspicion 
of an unfavourable sentiment towards the objects of that 
Association. I most readily admit, that they are entirely 
commendable in themselves, and are recommended to 



474 MESSAGE. 

public countenance, by the good influences which they 
effect on the n-ost interesting offices of social and chris- 
tian obligation. 

The Bill proposes to incorporate sundry individuals into 
a Society, for improving the performance of Church Music, 
with power to sue and be sued, have a common seal, and 
entitled to all the powers and privileges of aggregate 
Corporations. 

Although I can see no possible necessity for an act of 
incorporation to accomplish all the obvious purposes of 
the Association, and have looked in vain to the represen- 
tation of the petitioners, as well as to the provisions of the 
Bill, for any such suggestion, yet was nothing to be effect- 
ed, but the facility of acting by the legal force of a major 
vote, and perpetuating the Institution by a succession of 
members, however undesirable I might deem the multi- 
plication of these incorporeal existences, the Bill would 
have been suffered to pass the forms of approval, with the 
countless others, which have gone to the Statute Books 
before it. But there have appeared to me objections to 
the bill of a more serious character, and such as deserve 
deliberate and weighty consideration. It is the first ap- 
plication, since I have been in office, from a class of Asso- 
ciations, which, under the sanction of a precedent, may pre- 
sent themselves in undistinguishable circumstances of 
claim to legislative regard, from every village and circle 
of society in the Commonwealth. Music Schools, and 
Associations for improving the performance of Church 
Music, are to be met with in most of our towns and par- 
ishes, and if the science of music requires for its encour- 
agement the in<;orporation of its professors and amateurs 
in one place, it will alike exact it, wherever they may be 
found. The precedent, therefore, is now to be given, for 
to the present time, no similar case has been established, 
and none other known to me, as bearing an analogy, ex- 
cept the single one of the Handel and Haydn Society, in- 
corporated in 1816. 

The third section of the Bill creates a capacity in the 
Association, to take and hold real estate to the amount of 
ten thousand dollars, and personal estate to the amount 
of ten thousand dollars, and provides that such estate shall 



MESSAGE. 475 

never be divided among the members, but shall descend 
to their successors, suJDJect only to the payment of the 
just debts incurred by the Corporation To these pro- 
visions it is, that my objections are particularly directed. 

There are two descriptions of Corporations known to 
our laws ; — the one, in which a pecuniary concern is cre- 
ated and exists in the members; the other, where a mere 
trust is to be executed, coupled with no personal interest. 
In the former, the property or capital stock is made to 
contribute to the public burdens, is liable to the payment 
of private as well as corporate debts, to distribution by 
the voluntary act of the Corporation, and the individual 
shares to alienation by sale and to disposition by will, or by 
the operation of the laws of descent and inheritance. In 
the latter, the property is locked up from individual con- 
troul, is subtracted from the mass of transmissible wealth, 
and is held in perpetuity, to be applied only to the pur- 
poses and objects, to which it was originally destined. — 
The course of legislation, for several of the last years, has 
a tendency to absorb individual property in the capital of 
Corporations, and thereby, to destroy its future divisibility 
and voluntary disposition, to an extent, I believe, which 
is hardly apprehended by the community. It may well 
deserve regard, to what consequences an unrestricted in- 
dulgence in this policy ma}' lead 

By a reference to the statutes, it will appear, that 
within Jive years, only, more than thirty millions of dollars 
have been authorized to be held by aggregate incorporate 
Institutions, exclusive of the capital of Banking, Insurance, 
Turnpike, and Canal Companies ; an amount equal to one 
fifth of the last valuation of the taxable property of the Com- 
iinonwealth, and this in addition to the millions before incor- 
porated. A large proportion of this aggregate is required to 
be invested in real estate, and a considerable part of the 
residue will, to all injurious ends, be so secured, by being 
taken in pledge, by mortgage, for a guarantee of personal 
credits. The occupants of much of this real estate are 
thus made Lessees of Corporations, and under the opera- 
tion of a system of investments, and loans, and assurances, 
multiplied and extending to every part of the State, there 
is reason to fear, that at no far distant period, a humble 
63 



47G IMESSAGE. 

and dependent tenantry will take the place of tliat high 
minded and independent yeomanry, the proprietors of an 
iniincumbered fee, who hitherto have stood upon the 
soil, to cultivate, to improve, and to defend it. These ap- 
prehensions are not idle or visionary. They may yet be 
fatally realized. Corporations created for special trusts 
will acquire, in time, the property they are authorized to 
hold. Grants, bequests, and coutril)utions will occasion- 
ally fall in, and ultimately the mass will be accumulated. 
There is here no countervailing principle to appl}'. — 
Death executes no statute of distributions. Here are no 
seeds of dissolution. Wliat is once received, is held, for- 
ever. And although each one of the Corporations may_ 
be restricted in tlie extent of its acquirements, yet the 
continued increase of their number operates to an unlim- 
ited and infinite accumulation. The worst evils of a 
monopoly of wealth and possessions in corporations, on 
the one hand, and of consequent poverty and dependence 
in individuals on the other, will commence and be aggra- 
vated, until by the intervention of statuti^s of Mortmain, 
and other violent legal enactments, or by popular excite- 
ment and revolution, the grievous and intolerable pres- 
sure of corporate power over individual possession shall 
be removed, and property again be restored to those, who 
by the laws of nature, had the original right to its enjoy- 
ment. 

I hope not to be misunderstood on this subject. Cor- 
porations created to facilitate important business opera- 
tions, and for the general improvement of country, are 
not within the scope of my objections. They form 
necessary exceptions to the application of the fore- 
going remarks. Feeling, too, the deepest interest and 
solicitude for the success of every measure calculated in 
sympathy and charity to alk-viate the wretchedness of 
human infirmity and want, or in benevolence and an en- 
lightened philanthropy to improve the moral condition of 
society, I would deny nothing consistent with the princi- 
ples of a republican government, which would conduce 
to these beneficent ends. To high objects of public^ in- 
terest, the facilities of acts of ""incorporation, with the 
power to hold and manage the necessary funds, should be 



MESSAGE. 477 

granteil. But I respectfully suggest, that even here, there 
should be some limitation of time^ wlien the Legislature 
might exercise the power of revision and revocation. 
Other grants foi local and minor purposes, should be 
sparingly nm] cautiously conceded, and never, but under 
guards and restrictions for tlieir constant control. In a 
free government, nothing of artificial arrangement should 
be perpetual, but the great charter of the people's rights. 
All else sliould be subject to an occasional confornut}^ to 
the public weal. The preservation of political freedom 
depends upon the execution of these principles. The 
equality of personal condition, with the impracticability, 
under our system of laws, of continually augmenting 
wealth to be transmitted in a course of family descent, in 
perpetuity, are securities which lay at the foundation of 
civil liberty. The creation of corporations contravenes 
these arrangements. It may well be said, if education be 
the corner stone of our political fi\bric, the statute of dis- 
tributions constitutes one of its substantial pillars. 

It has not been unobserved, that the Bill under consid- 
eration reserves to the Legislature the right of amend- 
ment and repeal, at pleasure. But if the enactment is 
now of questionable expediency, this provision should not 
induce to its passage. Experience has shown, how delicate 
and how difficult is an interference with an es:isting grant. 
It is not, however, so much from an apprehension that this 
particular act will prove unsalutary in its operation, that 
its progress is arrested, as that, the occasion affords a 
favourable opportunity, distinctly alid directly, to present 
to the Legislature the foregoing" considerations, and to 
obtain their deliberate opinion upon the policy and prob- 
able results of withdrawing from the operation of individ- 
ual enterprize, from private improvement, from liability 
for personal responsibiliiies, and from the ordinary pur- 
poses of public appropriation, such amount of property 
as may be swallowed up in constituting the capital of un- 
numbered corporations. In returning, therefore, the pre- 
sent Bill to the House of Representatives for revision, I 
specifically object to it. as unnecessary, for the accom-. 
plishment of the purposes expressed in the representa- 
tion of the petitioners ;— as inexpedient, in creating an 



478 JVIESSAGE. 

unsafe precedent for grants to numerous similar associa- 
tions ; — 2i^ prejudicial, and of injurious tendency, in ^vith- 
drawing from individual management and use, and the 
operation of ordinar}'^ rules, any amount of property, to 
constitute a capital, permanently and exclusively applica- 
ble to the objects of such an Institution, and in author- 
izing any portion of that capital to be held in real estate. 
To these objections, as well in their general bearing, as 
in reference to the Bill returned, I respectfully solicit the 
careful and enlightened attention of the Legislature. 

LEVI LINCOLN. 

Council Chamber, February iGth, 1827. 



[Note. The question being afterwards taken in the 
House of Representatives, on the passage of the Bill 
" to incorporate the Mozart Association in Salem," not- 
withstanding the Governor's objections, there was 1 yea, 
and there were 135 nays, so the Bill did not pass.] 



CHAP. LVH. 

Resolve authorizing purchase of Fuel and other articles 

for the use of this Commonwealth. 

February 17, 1827. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth, to Jacob Kuhn, messenger of the 
General Court, the sum of three hundred dollars, to ena- 
ble him to purchase fuel, and such other articles as may be 
necessary for the use of the General Court, together with 
the Governor's and Council's Chamber, the Secretary's, 
Treasurer's, Adjutant General's, and Quarter Master Gen- 
eral's Offices, and also for the Land Office ; he to be ac- 
countable for the expenditure of the same. 



HALE'S MAP. 479 

CHAP. LVHI. 

Resolve for procuring Hale's Map of JSTew England, for 

the use of the Legislature. 

February 19, 1827. 

Resolved, That the Messenger of the General Court 
be directed to procure three copies of the Map of New 
England, published by Nathan Hale, to be lined on the 
back with cloth and attached to rollers ; one of which 
maps shall be for the use of the Governor and Council, 
one for the use of the Senate, and the other for the use 
of the House of Representatives ; and that the Governor, 
with the advice and consent of the Council, be requested 
to draw his warrant, on the Treasury, for payment of the 
expense thereof. 



CHAP. LIX. 

Resolve providing for the appointment of a Board of Com- 
missioners of Internal improvement. 
February 22, 1827. 

The joint Committee on Roads and Canals, who were 
directed " to consider the expediency of providing for a 
Board of Commissioners for Internal Improvements," 
have had the same under consideration, and respectfully 
report the following Resolutions. 

For the Committee, L. M. PARKER. 

Resolved, That His Excellency the Governor of the 
Commonwealth, by and with the advice of Council, be, 
and hereby is authorized to appoint three Commis- 
sioners, to constitute a Board of Internal Improvements, 
whose duty it shall be to attend to the examination of 
such routes for Canals and Railways, as the Legislature 
may, from time to time, direct ; and generally to make all 
such surveys and examinations, as may be necessary to 
determine if the same be expedient and practicable ; and 
further to make accurate estimates of the probable ex- 



4ao MASS. & CON. BOUNDARY LINE. 

pense, accompanied with accurate and scientific plans of 
said routes. 

Resolved^ That His Excellency the Governor, with the 
advice of Council, be, and hereby is autliorized to appoint 
a suitable Engineer, who may be one of said Commis- 
sioners, if the same shall be deemed expedient. 

Resolved., That the said Commissioners shall respec- 
tively be allowed, in full compensation for their services, 
the sum of tour dollars per day, for each and everyday 
they may be employed in their official duties ; and the said 
Engineer, if one of the Commissioners, shall be allowed 
such sum as the Governor and Council shall think proper, 
not exceeding six dollars per day in addition to the sum 
aforesaid. 



CHAP. LX. 

Resolve relating to a report of Commissioners, establish- 
ing the boundary line between Massachiaetts and Con- 
necticut. 

February 22, 1827. 

Resolved., That His Excellency the Governor be, and 
he hereby is requested to issue his proclamation, making 
known to the citizens of this Commonwealth, the situation 
and course of the boundary line aforesaid, as ascertained 
and established by the Commissioners, appointed pursuant 
to a Resolve, passed on the eleventh day of June, in the 
year of our Lord one thousand eight hundred and twenty 
five, in conjunction with certain Commissioners on the 
part of the State of Connecticut, appointed conformably 
to a Resolve of that State, on the thirtieth day of May, 
in the said year of our Lord, one thousand eight hundred 
and twenty five. 

Resolved further., That there be allowed and paid out 
of the Treasury of this Commonwealth, to Leonard M. 
Parker, the sum of one hundred and eighty three dollars 
and sixty one cents ; to John Mills, the sum of one hun- 
dred and eleven dollars end fifty cents ; and to Mark 
Doolittle, Administrator of the estate of the late Elihu 



MESSAGE. 481 

Lyman, the sum of forty one dollars, in full for their ser- 
vices as Commissioners on the part of this Commonwealth, 
in running and establishing said boundary line, and in full 
for all expenses and disbursements, paid or incurred by 
them in the service aforesaid ; and that His Excellency 
the Governor be, and he hereby is authorized and reques- 
ted, to draw his warrant for said several sums, in favor of 
said Commissioners, and of said Administrator, respect- 
ively. 



CHAP. Lxr. 

Gentlemen of the Senate, 

and of the House of Representatives ; 

I transmit to the Legislature copies of a communica- 
tion from the Secretary of State of the United States, cover- 
ing a renewed complaint by the British Minister resident at 
Washington, made at the instance of the Lieut. Governor 
of His Majesty's Province of New Brunswick, of the 
proceedings, under the authority of this Commonwealth, 
and the State of Maine, in laying out Townships and 
marking Roads, upon the Territory in dispute, on the 
North Eastern Boundar}^ of the United States. The acts 
referred to are, unquestionably, the survej- of the Road 
froQi the mouth of the Mattawamkeag to the mouth of 
Fish River, and the survey and division of the Public 
Lands, by direction of the Commissioners, under the act 
for the separation of Maine, the last season. The man- 
ner and attendant circumstances of these measures must 
appear fully and satisfactoril}' explained to you, by the 
documents which have heretofore been transmitted, for 
the observation and attention of the Legislature. When 
rightly understood by the British government they will 
cease to be regarded as acts of aggression or encroach- 
ment upon the rights of the Government, or subjects of 
the neighboring Province. Whatever may be the extent 
of the British claim, the actual possession of the Terri- 
tory, upon which the surveys were made, has ever been 



482 PUBLIC LANDS, &c . 

in the United States, under a practical, and it is believed 
a rightful construction of the definitive Treaty of 1783. 
The soil now belongs to the jurisdiction of Maine, and is 
the property of that State and this Commonwealth. 

In reference to this subject, I herewith communicate 
copies of a recent correspondence between His Excel- 
lency the Governor of Maine and myself. From an ex- 
amination of all the papers, and as an act of deference 
to the suggestions contained in the letter of the Secre- 
tary, and a measure of forbearance in the prosecution of 
the right to the occupancy of the disputed territory on 
our part, pending the negociation for its amicable settle- 
ment, I trust you will concur in the expediency of post- 
poning, for the present season, the actual construction of 
the Fish River Road. The occasion for its use is not un- 
derstood to be particularly pressing, and no serious preju- 
dice to the interests of the Commonwealth is apprehend- 
ed from a tlelay of the work. 

Accompanying this message, I also lay before you sun- 
dry Resolutions of the Legislature of Maine transmitted 
by the Governor, in relation to other improvements of 
Roads through Lands owned by that State and this Com- 
monwealth. 

LEVI LINCOLN. 

Council Chamber, February 23, 1827. 



CHAP. LXII. 

Resolve respecting surveys of Public Lands, ^c. 
February 23, 1827. 

The Committee of both Houses on Public Lands, to 
whom was referred that part of His Excellency's Mes- 
sage, relating to Eastern Lands,have had the several sub- 
jects under consideration, and ask leave to report the fol- 
lowing Resolves, which are respectfully submitted. 

JONAS SlBhEY, per order. 

Resolved, That the field books, plans and other docu- 
ments, relating to the lands in the State of Maine, report- 
ed by the Commissioners, appointed under the act, for 



I 



PUBLIC LANDS, &c. 483 

separating the District of Mcune from Massachusetts prop- 
er &c. which have been by them divided and assigned to 
this Commonwealtli the past year; and also the field 
books, plans and other documents, relating to the lands 
divided and assigned to this Commonwealth, in the au- 
timin of the year 1825, be deposited and placeii on the files 
of the land otiice ; and that the Land Agent be, and he 
hereby is authorized, to sell such portion of the timber now 
standing upon the public lands situated on, and near, the 
waters of Penobscot River, which is exposed to depreda- 
tion, and cannot be protected without great expense, on 
such terms and conditions as in his opinion it may be for 
the interest of this CommonMcalth. 

Whereas by a Resolve passed tlie first day of March last, 
making provision for opening and clearing out the road 
from Penobscot River to the Houlton Plantation ; on en- 
quiry, it is found said Road is located over ground w here 
a Road can never be made useful for the public travel, 
and that a location further north would be much more 
practicable and beneficial to the interest of the two 
States. 

Therefore, Be it further resolved^ that His Excellency 
the Governor, with advice of Council, be, and he hereby 
is authorized, to appoint some suitable person, as Agent 
in behalf of this Commonwealth, for the purpose of sur- 
veying, laying out, and making a road from Penobscot 
River, in the most convenient and practicable route to 
Houlton Plantation, so far as the same leads, or is extend- 
ed through the public lands of this Commonwealth and 
the State of Maine ; and said Agent is hereby authorized, 
for the purpose aforesaid, under the direction of the Gov- 
ernor and Council, and in conjunction with such Agent as 
has been or may be appointed on the part of the State of 
Maine, to expend such sums of money as may be deem- 
ed necessary by the Governor and Council of this Com- 
monwealth. 

64 



484 DEAF AND DUMB— J. MALORRY. 

CHAP. LXIII. 

Resolve for the support of two deaf and dumb children at 
the Asylum at Hartford, Connecticut. 

February 26, 1827. 

Resolved, That Pliehe P. Hammond and Frances P. 
Hammond, of Brookfield. be placed upon the list of per- 
sons supported by this Commonwealth at the Deaf and 
Dumb Asylum, at Hartford, agreeably to the provisions 
of the Resolves providing for the sup])ort of a certain 
number of deaf and dumb persons, at the expense of the 
Commonwealth. 



CHAP. LXIV. 

Resolve on the petition of James Malorry. 
February 26, 1827. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to James Malorr}', of 
Newdsuryport, a driver in an Artillery Company in the 
Militia of this State, the sum of sixty-five dollars, in full 
compensation for injuries received while in the regular 
discharge of military duty, on the fourth day of October 
last, and that his Excellency the Governor be requested 
to draw his warrant on the Treasur}^ for the sum aforesaid. 



CAPE COD CANAL. 485 



CHAR LXV. 

Resolve in relation to documents respecting further sur- 
veys for a Canal across Cape Cod. 

February 26, 1827. 

The Joint Committee on Roads and Canals, to whom 
was referred the petition of Joseph Mei^s and others ; 
also the memorial of the town of Sandwich, prayinji that 
measures may be taken for the construction of a Canal 
across Cape Cod, have had the same under consideration, 
and report by Resolve, which is respectfully submitted. 

For the Committee, 

L. M. PARKER, Chairman. 

Resolved^ That his Kxceliency the Governor, be, and 
he hereby is, requested, to prot ure from the Secretary of 
War, an}' reports, and all intormation in possession of that 
Department, not heretofore communicated, relating to the 
practicability and utility of a Canal across the isthmus 
of Cape Cod, to unite the waters of Buzzards and Barn- 
strible Bavs; and to ascertain whether any further surveys 
are necessary for those purposes : and if so, whether the 
General Government design to make the same, to the end, 
that if a Canal, unitin": those waters, is practicable, and 
would be useful, measures to accomplish the same may 
be adopted. 



486 WM. PRESCOTT— CARVER. 



CHAP. LXVI. 

Resolve on the petition of William Prescott. of Groton. 
February 26, 1827. 

On the petition of William Presscott, of Groton, pray- 
ing further relief for having been wounded by the dis- 
charge of a cannon ; — 

Resolved^ For reasons set forth in said petition, that 
there be a!io\ved and paid out of the Treasury of this 
Commonwealth, to said William Prescott, the sum of 
twenty dollars annually, in addition to the sum of seven- 
t}' dollars now paid him, as a pension, during his life ; 
and that the whole of said pension be hereafter paid to 
him in even quarter-yearly payments, the first payment 
of said additional sum to be made on the first day of 
April next. 



CHAP, Lxvn. 

Resolve on the petition of the Selectmen of the town of 

Carver. 
February 27, 1827. 

Resolved^ That, for the reasons set forth in said peti- 
tion, the Selectmen of the town of Carver, in the County 
of Plymouth, in addition to their authority to sell so much 
of the land of which Luana Seepet, an Indian woman, 
died seized, as they were authorized to sell by a Resolve 
of the twentj-fourth day of February, in the year of our 
Lord eighteen hundred and twenty six, be- further author- 
ized to sell so much of the residue of said land, as will 
produce the further sum of one hundred and fifty-one 
dollars and two cents, with the incidental charges of sale; 
they the said Selectmen first giving bond for the pur- 
poses, and in the manner, provided in the Resolve afore- 
said. 



N. MITCHELL, & G. W. COFFIN. 487 

CHAP. LXVIIL 

Resolve on the Petition of Samuel Boies. 

February 27, 1827. 

Resolved., That, for reasons set forth in his petition, that 
there be allowed and paid unto Samuel Boies, from the 
Treasury of this Commonwealth, the sum of fifty dollars, 
it being the amount of a reward offered and ])aid by the said 
Boies, for the apprehension of one Asa Hayden, who has 
been convicted of a violent assault upon three citizens of 
this Commonwealth ; and His Excellency the Governor, 
with the advice and consent of Council, be, and he hereby 
is authorized to draw his warrant on the Treasury ac- 
cordingly. 



CHAP. LXIX. 

Resolve in favour of JVahum Mitchell, and G. TV. Coffin. 
K^gents for selling Eastern Lands. 

February 28, 1827. 

The Committee of both Houses on Public Lands, to 
whom was referred the Report and Accounts of Nahum 
Mitchell, and George W. Coffin, Esquires, Agents for sell- 
ing Eastern Lands, have examined the account of their 
proceedino's, wherein they have charged themselves with 
the sum of seven thousand, three hundred and thirty-two 
dollars, and eighty-seven cents, and have paid into the 
Treasury in money and securities, together with pay- 
ments for making surveys, and other incidental charges 
including the amount due said Agents for services, the 
sum of nine thousand, thiee hundred and sixty-seven dol- 
lars and twelve cents; and there appears to be a balance 
due to said Agents, of two thousand and thirty-four dol- 



188 T. SEDGWICK. 

lars and twenty-five cents, all which is right cast and well 
vouched. 

JONAS SIBLEY, Chairman. 

Therefore, Resolved, That said Agents, be, and they 
are hereby discharged from the sum of seven thousand 
three hundred and thirty-two dollars and eighty-seven 
cents ; and the Governor of this Commonwealth, with the 
advice of Council, is requested to draw his warrant in fa- 
vour of [Si ahum Mitchell, Esq. for the sum of one hundred 
and fifty dollars, and in favour of George W. Coffin, Esq. 
for the sum of one thousand eight hundred and eighty- 
four dollars and twenty-five cents, in full for the balance 
due them for their services, as Agents aforesaid, to the 
thirtieth day of January last, and in full discharge of the 
balance of said account. 



CHAP. LXX. 

Resolve for paying Theodore Sedgivick, as a Commis- 
sioner on the subject of a Seminary of Practical *Ms 

and Sciences. 

February 28, 1827. 

Resolved, That there be paid from the Treasury of this 
Commonwealth, to Theodore Sedgwick, of Stockbridge, 
the sum of forty- four dollars, iii full for disbursementsi 
and expenses j)aid by him as Chairman of the Commis- 
sioners on the subject of a Seminar}' of Practical Arts and 
Sciences ; and that His Excellency the Governor be au- 
thorized, with the advice and consent of the Council, tc 
draw a warrant upon the Treasury therefor. 



SELECTMEN OF MILL BURY. 489 



CHAP. LXXI. 

Resolve appropriating money for the Quarter Mastei^' 
Generates Department. 

February 28, 1827. 

Resolved^ That the sum of five thousand two hundred 
and forty-one dollars and sixty-five cents, be, and the 
same hereby is appropriated to the use of the Quarter 
Master General's Department, the sum of three hundred 
and fifty-fo\ir dollars and sixty-five cents of said appropri- 
ation, being a balance due the Quarter Master General, 
on a settlement of accounts for the }ear last past, and the 
sum of four thousand eight hundred and eighty-,>even 
dollars, the residue of said sum, first above mejiiioned, an 
appropriation for the purpose of re{)airing the public 
buildings, and defraying the expenses of that Department ; 
and that the Governor of tliis Commonwealth for the time 
being, b}^ and with advice of Council, be requested to 
draw his warrant on the Treasurer, for the same, for such 
sums, and at such periods, as the public service shall re- 
quire, in favour of the Adjutant General, for the applica- 
tion of which he is to be accountable. 



CHAP. Lxxn. 

Resolve on the petition of the Selectmen of Millbury. 
February 28, 1827. 

For reasons set forth in said petition. Resolved, That 
there be allowed and paid out of the pu. lie treasury, to 
the town of Millbury, the sum of seventeen dollars and 
forty-eight cents ; and that His Excellency the Governor, 
by and with advice of Council, be, and he is hereby re- 
quested to draw his warrant for the same. 



490 ANNA TUFTS. 



CHAP. LXXIII. 

Gentlemen of the Senate^ 

and of the House of Representatives. 

I transmit to the Legislature a Report of the Commis-. 
sioners appointed on the part of this Commonwealth pur- 
suant to a Resolve, passed on the 24th of February 1825, 
for ascertaining*; the boundary line between Massachusetts 
and New-Hampshire, together with the Documents and 
Plans returned by the Commissioners with their Report. 

LEVI LINCOLN. 

Council Chamber, February 28, 1827. 



CHAP. LXXIV. 

Resolve on the Petition of Anna Tufts, for the Common- 
tvealth to purchase certain articles set forth in said 
Petitioih 

March 2, 1827. 



■^5 



Resolved, That His Excellency the Governor, with the 
advice of Council, be, and he is hereby authorized, 
to purchase of Anna Tufts, Executrix on the estate 
of Peter Tufts, Junior, deceased, a part of a building 
standing on the Commonwealth's land, near the Powder 
Magazine, in Cambridge, and sundry other articles ap- 
pended to said Magazine, in Cambridge, and also to the 
Powder Magazine, in Roxbury, as set forth in said peti- 
tion, so far as the same shall appear to have been the 
property of said deceased. 

And His Excellency the Governor is hereby authorized 
to draw his warrant on the 7>easurep of the Common- 
wealth, for a sum sufficient to defray the expense thereof. 



WHIT WELL, BOND, & CO. 491 



CHAP. LXXV, 

Resolve on the petition of Jlmei/ Jackson, of Boston, tvidow 
of Thomas Jackson, deceased. 

March 2, 1827. 

Resolved, For reasons set forth in said petition, that 
this Commonwealth doth hereby release to the said Amey 
Jackson, all right, title and interest, which said Common- 
wealth liath in two lots of land in Boston, in the County 
of Suffolk, formerly belonging to the said Thomas Jackson, 
of which he died seized, and which, for w^ant of heirs, 
would escheat to the Commonwealth. 



CHAP. LXXVL 

Resolve on the petition of Whitivell, Bond, §• Co. and 
others, respecting a Survey for a Rail II ay, from Bos- 
ton to Providence. 

March 2, 1827. 

The Committee on Roads and Canals, to whom was re- 
ferred the petition of VVhitwell, Bond, & C'o. and others, 
praying that a route may be surveyed for a Rail Way, from 
Boston to Providence, have had the same under consider* 
ation, and Report by Resolve, which is respectfully sub- 
mitted. 

For the committee, L. M. PARKER. 

Resolved, That the Board of Commissioners of Internal 
Improvements, which may be appointed in pursuance of 
a Resolve passed at the present session of the Legisla- 
ture, be directed to survey a route for a Rail Way, from 
Boston to the line of the State of Rhode Island, in a di- 
rection to the town of Providence, And said commis- 
6*3 



192 A. TUFTS,— H. STEBBINS. 

sioners are directed to make their report to the Governor 
and Council, as soon as conveniently may be, after com- 
pleting said survey ; and that the Governor cause the same 
to be laid before the Legislature at the first session thereof 
next ensuing. 



CHAP. LXXVII. 

Resolve on the petition 0/ Aaron Tufts, Heman Stebbins, 
and others. 

March 2, 1827. 

The committee on Roads and Canals, to whom was re- 
ferred the petition of Aaron Tufts, and others, praying 
that a survey may be made for a Canal from Boston by 
the waters of Charles River, to the Blackstone Canal and 
the line of Connecticut, to meet the contemplated Canal, 
leading from Norwich, in that State ; 

Also the petition of Heman Stebbins, and others, pray- 
ing to be incorporated, for the purpose of constructing a 
Canal from Western, in the County of Worcester, to the 
line of Connecticut, at Thompson, to connect with the 
Canal leading from Norwich, aforementioned, have had 
the same under consideration, and report by Resolve, 
which is respectfully submitted. 

For the Committee, L, M. PARKER. 

Resolved, That the Board of Commissioners of Internal 
Improvements, which ma}' be appointed in pursuance of 
the Resolve passed at the present session of the Legisla- 
ture, be directed to survey a route for a canal leading 
from Boston, in the general direction mentioned in the 
petition of Aaron Tufts, and others, to the Blackstone 
Canal, and to the line of the State of Connecticut, (at 
Thompson,) to meet the proposed canal, leading from 
Norwich in that State, and thence to extend their survey 
to Western, in the county of Worcester, in the general 



BUNKER HILL xMONUMENT. 493 

direction mentioned in the petition of Heman Stebbins, 
and others; and said Commissioners are directed to ascer- 
tain whether a canal on the route prayed for by said 
Stebbins and others can be supplied with water, without 
injury to the manufacturing establishments, and water 
privileges on or near the Chickapee River. 

Resolved^ That said Commissioners be directed to make 
their report to the Governor and Council, as. soon as con- 
veniently may be after completing said surve)^, and that 
the Governor cause the same to be laid before the Legis- 
lature, at the first session thereof next ensuing. 



CHAP. LXXVHL 

Resolve on the petition of the Bunker Hill Monument 

Association. 
March 2, 1827. 

Resolved, That in lieu of the provision in favour of the 
Bunker Hill Monument Association, made and provided 
bj^ the Act of the General Court, passed 26th February, 
1826, the Treasurer of this Commonwealth is authorized 
to pay to said Bunker Hill Monument Association, the 
sum of seven thousand dollars in money, in the following 
payments, to wit; the sum of three thousand dollars on 
the 26th of January, A. D. 1828, the sum of two thou- 
sand dollars on the 26th January, 1829, and the sum of 
two thousand dollars on the 26th January, 1830, said pay- 
ments to be in full satisfaction and discharge of said pro- 
vision in favour of said Bunker Hill Monument Associa- 
tion, made by said Act of February 26, 1825. 



494 DEAF AND DUMB.— STATE HOUSR 



CHAP. LXXIX. 

Resolve respecting Deaf and Dumb persons^ 
March 5, 1827. 

Resolved,, That all deaf and dumb persons, residing in 
this ( omnioDwealth, between the ages of twelve and 
twenty-five years, who possess the. other qualifications, 
and shnll have complied with the several requisitions pro- 
vided in the Resolves passed the eighteenth day of Feb- 
ruary, in the year of our Lord one thousand eight hun- 
dred and twent3'-five, shall be, and they hereby are 
declared entitled to all the benefits of said Resolves. 



CHAP. LXXX. 

Resolves mahing further appropriations for the repairs 
of the fence and grounds around the State House. 

March 6, 1827. 

Resolved, That there be allowed and paid, out of the 
Public Treasury, the sum of five thousand six hundred 
and forty-six dollars and fiftj-seven cents, for the payment 
of the balance now due for work and materials, except the 
stone work done at the State Prison, in completing the 
fence, and making sundry repairs around the State House ,: 
and that his Exctellency the Governor, by and with ad- 
vice of Council, be, and he is iiereb}^ authorized to draw 
his warrants for the same. 

Resolved, That the Warden of the State Prison be, and 
he is liereby authorized, to charge the amount for stone 
work for the fence around the State House, which was 
done in the State Prison, to the Commonwealth, in his 
semi-annual account, and settle the same with the Trea- 
surer. 



HOUSES OF CORRECTION. 495 

Resolved^ That the sum of five hundred and fifty dol- 
lars, be and the same is hereby appropriated, to complete 
the repairs on the west end of the State House yard, and 
that his Excellency the Governor, by and with advice of 
Council, be, and he is hereby authorized, to draw his war- 
rant for that sum, and to cause the same to be accounted 
for. 

Resolved, That there be allowed and paid out of the 
Public Treasur}' to Nahum iVHtchell and Edward D. 
Bangs, Esquires, one hundred dollars each, in full for 
their services in superintending the repairs of the State 
House yard, and that his Excellency the Governor, by 
and with advice of Council, be, and he hereby is author- 
ized to draw his warrant for that sum. 



CHAP. LXXXI. 

Resolve fixing the pay of the Committee appointed to 
examine the Gaols and Houses of Correction in this 
Commonwealth. 

March 7, 1827. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth the following sums of money, for the 
services and expenses of the Committee appointed at the 
last session of this General Court, to inquire into the state 
of the Prisons and Houses of Correction in this Common- 
wealth ; to wit : 

To George Bliss, fifty-two dollars and thirty-four cents. 
" John Pickering, forty-five dollars. 
" Joel Crosby, nineteen dollars. 
" Joshua Prescott, nine dollars. 

" Nathaniel Wheeler, seventy-two dollars and sixty- 
eight cents. 
•' Francis Davenport, ninety-five dollars and eighty- 
seven cents. 



496 NATIVE INDIANS. 

And that his Excellency the Governor be, and hereby 
is authorized, to draw his warrant on the Treasurer, in 
favor of the said several persons, respectively, for the 
several sums aforesaid. 



CHAP. LXXXII. 

Resolve for the payment of the Committee appointed to 
take into consideration the condition of the J\'*ative 
Indians. 

March 7, 1827. 

Besolved, That there be paid out of the Treasury of 
the Commonwealth the following sums of money, for the 
expenses of the Committee appointed " to take into con- 
sideration the condition of the Native Indians ^c." at the 
last session of this General Court, to wit ; 

To David L. Child, forty dollars and thirty-three cents. 
" Heman Stebbins, forty-four dollars. 
" Daniel Fellows, jun. seventy dollars and sixty-three 
cents. 

And that his Excellency the Governor be, and is here- 
by authorized, to draw his warrants on the Treasury, in 
favor of the said several persons respectively, for the 
several suras aforesaid. 



PAY OF CLERKS.— J. V. LOW. 497 



CHAP. LXXXm. 

Resolve providing for the pay of Clerks. 
March 7, 1827. 

Resolved, That there be paid, out of the Treasury of 
this Conmonwealth, to the Clerk of the Senate, eight 
dollars per day ; to the Clerk of the House of Represent- 
atives, ten dollars per day ; and to the Assistant Clerk of 
the Senate, six dollars per day, for each and every day's 
attendance they have been or may be employed in that 
capacity, during the present session of the Legislature ; 
and the Governor is requested to draw his warrant accor- 
dingly. 



CHAP. LXXXIV. 

Resolve in favor of John V. Low, Jtssistant Messenger 
to the Governor and Council. 

March 7, 1827. 

Resolved, That there be allowed and paid from the 
Treasury of this Commonwealth, to John V. Low, Assist- 
ant Messenger to the Governor and Council, two dollars, 
for each and every daj^ h<^ has been, or may be, employed 
in that capacity the present session of the Council. 



498 PAUL CLARK. 



CHAP. LXXXV. 

Resolve to pay the Committee on Accounts. 
March 7, 1827. 

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

John Keyes, fifty days, fifty dollars. 

William Ellis, fifty days, fifty dollars. 

Elihu Hoyt, forty-six days, forty-six dollars. 

Robert Rantoul, fifty-three days, fifty-three dollars. 

Charles Mattoon, fifty days, fifty dollars. 



CHAP. LXXXVL 

Resolve on the petition of Paul Clark, and others. 
March 9, 1827. 

On the petition of Paul Clark, guardian to Elijah D. 
Sanderson, and Austin Sanderson; and of Abig il Clark, 
guardian to May A. Sanderson, Esther B. Sanderson, 
William W. Sanderson, and George Sanderson, minor 
children and heirs of FJijah Sanderson, late of Whately, 
in the county of Franklin, deceased. 

Resolved, for reasons set forth in said petition, that the 
said Paul and Abigail, be, and they hereby are authorized, 
with the funds in their hands, belonging to said minors, to 
purchase the farm, mentioned and described, in their peti- 
tion, to the use and sole benefit of their said wards, and 
to take a conveyance of the same, to all the children of the 
said Elijah Sanderson, deceased, they to hold the said 



THOMAS HARRIS. 499 

farm in equal shares, and subject to division and distribu- 
tion, in the same way and manner, as if it had descended 
to them as heirs of their said father: Provided, the said 
guardians shall 2;ive bond to the Judge of Probate, for the 
county of Franklin, to become accountable for the im- 
provement of said farm, and for the rtnts and {)rofits 
thereol, in the same way and manner, as if the said Elijah 
Sanderson, had died seized thereof. 



CHAP. LXXXVH. 

Resolve on the Memorial of Thomas Harris, Warden of 
the State Prison. 

March 9, 1827. 

Resolved, That for reasons set forth in said memorial, 
that there be allowed and paid, out of the Treasury of 
this Commonwealth, for the use of the State Prison, the 
sum of six thousand three hundred and fifty-eight dollars 
and seventy-one cents, being the amount charged to the 
Commonwealth for stone work done at the Prison, and 
used in the construction of the fences in and about the 
State House yard ; and also, the further sum of five hun- 
dred and ninety-nine dollars and forty-five cents, due to 
the Prison from Charles Foster, and remitted by this Le- 
gislature at their session in June last, amounting in the 
whole to six thousand nine Viundred, fifty -eight dollars 
and sixteen cents ; and His Excellency the (Governor is 
hereby authorized and requested, by and with the advice 
of Council, to draw his warrant on the Treasurer for the 
aforesaid sum. 

66 



500 PRINCE BURGESS, Jr. 

CHAP. LXXXVIII. 

Resolve on the petition of Prince Burgess^ Jr. 
March 10, 1827. 

On the petition of Prince Burgess, Jr. of Ware ham, in 
the county of PI} mouth, praying that he may be authoriz- 
ed and empowered lo sell and convey all the right, title 
and interest in certain real estate situate in Rochester, in 
said county of Plymouth, which he holds in trust for the 
use and benefit of Mary H. Dexter, John G. Dexter, and 
Sally Dexter, of said Rochester, infants, and children of 
Prince Dexter, late of said Rochester, deceased, which 
real estate he holds by deed from the stockholders of the 
Bedford Bank, dated the twenty-fifth day of May, in the 
year of our I.ord one thousand eight hundred and sixteen; 
and to place the avails thereof at interest, on good securi- 
ty, for the use and benefit of the said Mary, John, and 
SalJv :— 

Resolved, For reasons set forth in said petition, that 
the said Prince Burgess, Jr. be authorized and empower- 
ed to veil, at public vendue, all the right, title and interest, 
which he holds in the premises, in trust, for the benefit of 
the sai<i Mary, John, and Sally, by virtue of the deeds 
aforesaid ; and the right, and interest of the said Mary, 
John, and Sally, therein, and to make and execute all ne- 
cessary deeds and conve} ances to pass and transfer the 
same. And the said Prince Burgess, Jr. before making 
sale thereof, shall give bond to the Judge of Probate, of 
the county aforesaid, with sufficient sureties, for the faith- 
fid performance of this trust; and give the notice, and 
take the oath, by law required of administrators, in refer- 
ence to the sale of real estate. And the avails of such 
sale or sales, after deducting the necessary charges inci- 
dent thereto, to be allowed by the Judge of Probate afore- 
said, to place at interest, on good security, for the use and 
benefit of said Mary, John, and Sally. 



INDIANS IN DUKES COUNTY. 501 

CHAP. LXXXIX. 

Resolve for the betiefit of the Indians in Dukes County. 
March 10, 1827. 

Resolved, That there be o;ranted and paid, out of the 
Treasury of this Commonwealth, four hundred dollars, for 
the purpose of buildinc; a house for public worship, and 
for public schools, at Ga} head, in Dukes County, for the 
use of the Indians residing there ; and that the Governor, 
with the advice and consent of the Council, draw his war- 
rant on the Treasury for that sura to be paid to the agent, 
whom the Governor, with the advice and consent of the 
Council, may appoint to superinten<i the building of said 
house; and said agent shall give bonds, with sufficient 
surety to the Treasurer and Receiver General of the 
Commonwealth, conditioned for the faithful performance 
of his agency ; and shall, on or before the first Wednes- 
day in January next, exhibit to the Governor anil Council, 
his accounts and vouchers of the expenditure of said sum. 

Resolved^ That the Governor be authorized to cause to 
be expended such sum as he may think proper, not ex- 
ceeding one hundred dollars annually, for four years, for the 
encouragement and assistance of the Indians and people of 
colour, proprietors of lands in said county, in agriculture; 
said sum to be expended in premiums or agricultural 
implements, or in such other manner as the Governor may 
direct ; and he is hereby authorized, with the advice and 
consent of the Council, to draw his warrant on the Treas- 
ury, for such sura or suras within the limitation of this 
Resolve, as he may think proper. 



502 PUBLIC LANDS. 

CHAP. XC. 

Resolve to pay one of the Committee on a Railway. 

March 10, 1827. 

Resolved, That there be allowed and paid, out of the 
Treasury of the Commonweaith, to Emory Washburn, 
Esq. the sum of sixteen dollars, for services and expenses 
as a member of the committee, Avho have had under con- 
sideration the subject of a Rail Way, from Boston to Hud- 
son River, during the recess of the Legislature; and that 
His Excellency the Governor, by and with the advice and 
consent of Council, be, and hereby is, authorized to draw 
his warrant accordingly. 



CHAP. XCL 

Resolves respecting Public Lands. 

March 10, 1827. 

The Committee of both Houses on Public Lands, to 
whom was referred the Message of His Excellency the 
Governor, of the 23d ultimo, transmitting copies of a 
communication from the Secretary of State of the United 
Sraies, coveriuf;' a renewed complaint by the British Min- 
ister, resident at Washincjton, made at the instance of the 
Li'.itenant Governor of His Majesty's Province of New- 
Eiunswick, of proceedings under the authority of this 
Comnonv.ealth, and the State of Maine, in laying out 
to>yDshipsand marking roads upon the territory in dispute, 
on the northeastern boundary of the United States, refer- 
ris'ii; undoubtedly to the survey made of a Road, from 
Penobscot River to the mouth of Fish River, and the sur- 
veys and divisions of the Public Lands by direction of the 



PUBLIC LANDS. 503 

Commissioners the last season, have had the subject un- 
der consideration, and Report : — 

That although we are at a loss to understand, upon what 
grounds or under whnt view, the directions of said Com- 
missioners or Land Agents can be construed into a cause 
of complaint, as we believe the proceedings complained 
of have been confined within the bounds of a tenitory, 
long in possession of Massachusetts, and laid down on 
the maps of said State, for more than half a century, and 
grants have been made on part of said territory to individ- 
uals and corporations, by Massachusetts, more than twenty 
years past, and yet no complaint has ever been made till 
within the last two years. The surveys that have been 
made under the direction of said Commissioners, were 
made with a view to an equitable division of the lands be- 
tween the Commonwealth of Massachusetts and the State 
of Maine, pursuant to the terms of the sixth section of an 
act, dated 19th June 1819, relating to the separation of 
the District of Maine from Massachusetts proper, &c. and 
which requires that said lands shall be divided within a 
limited period. Said Commissioners have proceeded con- 
formably to said act, from time to time, to cause the public 
lands to be surveyed and divided, and in the performance 
of said duty, have had no intention whatever of giving 
any cause of complaint to the British Colony of New- 
Brunswick ; but inasmuch as complaints have been made 
against the proceedings within the territory in dispute, 
and requests to the General Government to interpose, 
and induce the Governments of the States of Maine and 
Massachusetts to abstain from measures, which the British 
Minister construes to be a premature exercise of authority 
in said territory, and which may lead to collision of a most 
disagreeable nature between the settlers in that territory; 
ever willing as we are to listen to, and tr^at with respect 
and consideration any interposition of the General Gov- 
ernment, yet we conceive it to be far from our duty to 
make a surrender of our rights, while at the same moment 
the Government of New-Brunswick are exercising author- 
ity over a large settlement atMadawaska, which is clearly 
within the jurisdiction of the State of Maine. They ought 



504 PUBLIC LANDS. 

at least to have withheld such an interference, before they 
complained against us. 

However, notwithstanding these views of the case, we 
do, in compliance with the letter received from the Secre- 
tary of State of the United States, recommend a suspen- 
sion for the present of all further surveys of townships or 
roads, or other acts of ownership on or near ^lie northeast 
boundary of the State of Maine, for the purpose of pre- 
serving the very desirable good understanding which now 
exists between the two Governments, in the hope that a 
short period will put an end to the existing dispute, and 
the line be defined according to the true intent and plain 
meaning of the treaty of 1783. Your Committee there- 
fore recommend the following Resolves, which are sub- 
mitted. 

JONAS SIBLEY, Chairman. 

Resolved, That all further proceedings on the part of 
this Commonwealth, in relation to the road from the Pe- 
nobscot River to Fish River, and for surveying of lands 
and other acts of ownership within the lerritory in dis- 
pute on or near the northeastern boundary of the State of 
Mairie, be suspended until further order of the General 
Court. 

Mesolved^ That His Excellency the Governor, be, and 
he hereby is requested, to make such communications to 
the Executives of the United States, and the State of 
Maine, as he may think proper to elucidate the views of 
this Commonwealth, and hasten the termination of the ex- 
isting controversy. 



S. R. JOHNSON.— GAYHEAl) INDIANS. 505 



CHAP. XCII. 

Resolve on the petition of Samuel R. Johnson. 
March 10, 1827. 

Resolved, That the Warden of the State Prison pay 
to Samuel R. Johnson, an Overseer in said Prison, and 
Superintendent of the Stone Department therein, such 
sum of money as the Directors of said Prison shall deter- 
mine to be due said Johnson, for his services, up to the 
first day of April next. 



CHAP. XCIII. 

Resolve respecting the Indians at Gayhead, in the County 
of Dukes County. 

March 10, 1827. 

Resolved, That three hundred copies of the Bill enti- 
tled, " An Act for the better regulation, instruction, and 
government of the Indians and people of colour in the 
County of Dukes County," and of the Report of the 
Committee of the House of Representatives, which re- 
ported the same, be printed under the direction of the 
Secretary of the Commonwealth, and distributed among 
the Indians, for whose benefit said Bill is intended, within 
thirty days from the passage of this Resolve. 



506 BOUNDARY LINE. 



CHAP. XCIV. 

Resolve providing for the compensation of the Commis- 
sioners appointed to run and ascertain the line, between 
this Commonwealth, and the State of JVew Hamp- 
shire. 

March 10, 1827. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the several Commis- 
sioners appointed to run and ascertain the boundary line 
between this Commonwealth and the State of New- 
Hampshire, the respective sums following, to wit : 

To Samuel Dana, the sum of three hundred and ten 

dollars, and forty-seven cents. 
To David Cummins, the sum of two hundred and forty 

dollars, and twenty-eight cents. 
To I vers Jewett, the sum of ninety four dollars, and 

sixty cents, 

in full of all their expenses, sums paid to surveyors, assist- 
ants, and chain-bearers, and for their services, and all other 
expenses by them in any wise incurred, in and about the 
duties enjoined on them, by their commission, which is- 
sued pursuant to a Resolve of this Commonwealth ; and 
his Excellency the Governor, by and with the advice and 
cor?sent of the Council, is hereby authorized and requested 
to draw his several warrants upon the Treasury, in favour 
of each of the said Commissioners accordingly, which sev 
eral sums, together with the sum of two hundred dollars al- 
ready advanced to the said Commissioners, shall be in full 
of all claim and demand by the said Commissioners, and 
each of them severally. 



HOMER & DORR, AND OTHERS. 507 



CHAP. XCV. 

Resolve for paying for the attendance and travel and for 

summoning toitnesses^ before the Committee on so much 

of his Uxcellencfs Message as relates to the IState 

Prison. 

March 10, 1827. 

Resolved^ That there be allowed and paid out of the 
Treasury of this Conimonvvealth, to tlie following per- 
sons, as follows, viz. 

To Josiah B. French, a Deputy Sheriff for the County 
of Middlesex, four dollars, for summoning witnesses; and 
to Rev. Louis Dwight, one dollar; to Rev. Wm. Collier, 
one dollar ; to Daniel Tuck, four dollars; to Benjamin 
Blood, four dollars ; and to Timothy Reed, four dollars; 
for their travel and attendance, before the Committee on 
so much of his Excellency's Message as relates to the 
State Prison. 



CHAP. XCVI. 

Resolve on the petition of Homer &c Dorr. Gill IVheelockf 
and Caleb Andrews. 

March 10, 1827. 

Resolved, That there be allowed and paid, out of the 
public Treasury of this Commonwealth, to Homer & Dorr, 
ninety-six dollars and forty-nine cents ; to Gill Wheelock, 
sixty-six dollars and seventeen cents; and to CalebAndrews, 
one hundred and ninet3^-one dollars, and nineteen cents ; 
said sums being the value of goods stolen from the peti- 
tioners by Joseph Cutter, and Richard White, and for ex- 
penses incurred by said petitioners in apprehending and 
67 



508 MASSACHUSETTS & NEW-HAMPSHIRE. 

bringing to justice said Cutter and White ; and that His 
Excellency the Governor, with advice of Council, be re- 
quested to draw his warrant accordingly. 



CHAP. XCVH. 

Hesolve providing for the erection of durable monuments 
upon the line between this Commonwealth^ and the State 
of JVeW'Hatnpshire. 

March 10, 1827. 

Resolved, That the Honourable Benjamin F. Varnum, 
of Dracut, in the County of Middlesex, l3e, and he hereby 
is authorized and directed, to cause good stone monu- 
ments, not less than one foot in diameter, nor less than 
four feet high from the surface of the ground, to be set up 
and placed at each angle of the line, between this Com- 
monwealth and the State of New-Hampshire, from the 
Atlantic Ocean to Mitchel's boundary pine, (so called) 
between the towns of Dracut, and Pelham ; and also, on 
said line, between the several towns* in this Common- 
wealth, from said Mitchell's boundary pine, to the line 
of the State of Vermont, so as to preserve the said line 
as the same has been run and ascertained by the Com- 
missioners appointed for that purpose ; which monuments 
he shall cause to be permanently set in the ground, and 
to be lettered with the letters MvS. on the Massachusetts 
side thereof. And that he lay his account for his expenses 
an«l services in the premises, before the General Court for 
allowance. 



TAXES. 509 



CHAP. XCVIII. 

Resolve granting taxes for several Counties, 
March 10, 1827. 

Whereas the Treasurers of the following Counties have 
laid their accounts before the Legislature, which accounts 
have been examined and allowed ; — 

And whereas the Clerks of the Courts of Sessions, for 
said Counties, have exhibited estimates made by said 
Courts, of the necessary charges which may arise within 
said Counties the year ensuing, and of the sums necessary 
to discharge the debts of said Counties ; — 

Resolved, That the svuiis annexed to the Counties, con- 
tained in the following schedule, be, and the same are 
hereby granted, as a tax for each County respectively, to 
be appro[)riated, assessed, paid, collected and applied, for 
the purposes aforesaid, according to law. • 

County of Essex, twenty-six thousand dollars, $26,000 

County of Middlesex, sixteen thousand dollars, 16,000 

County of Plymouth, ten thousand dollars, - 10,000 

County of Bristol, six thousand and fifty dollars, 6,050 
County of Norfolk, eight thousand five hundred 

dollars, - - - 8,500 

County of Barnstable, four thousand dollars, 4,000 

County of Dukes County, one thousand dollars, 1,000 

County of Worcester, twenty thousand dollars, 20,000 
County of Franklin, eleven thousand eight hundred 

dollars, - - - 11,800 

Count} of Hampden, five thousand dollars, 5,000 

County of Hampshire, nine thousand dollars, 9,000 

Countv of Berkshire, five thousand dollars. 5,000 



510 MESSAGE. 

CHAP. XCIX. 

Resolve for paying the Chaplains of the tioo Houses. 

March 10, 1827. 

Resolved, That tliere be allowed and paid out of the 
Treasury of this Coinmonvvealth, to Rev. William Jenks, 
Chaplain of the House of Representatives, and to Rev. Fran- 
cis VVayland, Chaplain of the Senate, sixty dollars each, for 
their services the present political year ; and His Excel- 
lency the Governor, be, and hereby is, authorized to draw 
his warrant therefor. 



CHAP. C. 

Gentlemen of the House of Representatives ; 

I am constrained to the discharge of a painful duty, in 
returning to the House of Representatives a bill entitled, 
" an Act, establishing the Warren Bridge Corporation," 
for revision by the Legislature pursuant to the provisions 
of the Constitution, under the objections, which I respect- 
fully submit, to its becoming a. law of the Commonwealth. 
I am fully aware of the great responsibility attached to 
this measure, but the dictates of an honest judgment 
and a conscientious sense of obligation to the faithful and 
impartial discharge of office, according to the best of my 
abilities and understanding, do not leave me the alterna- 
tive of its avoidance. A conviction, deep, imperative, and 
uncompromising, impels me thus to dissent from the opin- 
ions which have been deliberately expressed, by a major- 
ity of tiie members of both branches of the Legislature, 
and while I derive support and confidence from the as- 
surance, that there are those by whose judgment I shall 
stand justified, I repose myself with confidence upon the 
candour and justice of others, to respect the motives, by 
which alone, I could be influenced. 



MESSAGE. . 511 

The bill proposes to create a Corporation for the pur- 
pose of constructing: a Bridge across Charles River, from 
Boston to Charlestown, to be free of tolls to passengers. 
The termini of the Bridge, are fixed in the bill, and the tra- 
vel to be embraced by it, is well understood, from a familiar 
acquaintance with the topography of the city and adjacent 
country, which every legislator here must be supposed to 
have. It is to be located within a few rods of the existing 
toll bridge, and in such direction as to accommodate the 
same travel, and by the exemption from toll, to invite to, 
and secure it, exclusively. The result must necessarily 
and inevitably be, the entire loss of the toll to the present 
bridge corporation, and the consequent destruction of the 
interest and stock of the proprietors, involving also, from 
similarity of condition, the sacrifice, more or less immedi- 
ately, of the West Boston, and Canal Bridges. If this act 
bf legislation may be rightfully and constitutionally exe- 
cuted, and the public exigency demands it, such partial 
injuries must be submitted to, but otlierwise, the faith of 
the government is pledged to the protection of the rights 
of property in existing corporations, and the bill which 
now threatens the infraction of them should be arrested. 

By referring to the statutes of the Commonwealth, it is 
seen, that in the year 1785, a grant of corporate powers 
was made to Thomas Kussell, and others, for the purpose 
of constructing and maintaining a bridge between Boston 
and Charlestown, where the ferry then was; and by the 
third section of the act of incorporation, it is enacted, in 
terms, that " for the purpose of reimbursing the said pro- 
prietors money expended, or to be expended, in build- 
ing and supporting the said nridge, a toll be and hereby 
is granted and established, for the sole berefit of the said 
proprietors," according to the rates mentioned in said act, 
"to commence on the day of the first opening of the 
bridge for passengers, and to continue for and during the 
term of forty years from the said day, to be collected as 
sh;dl be prescribed by the corporation," By the fourth 
section, the dimensions and manner of building the bridge 
were prescribed, and the obligations to keep the same in 
good, safe and passable repair, lighted with lamps, and 
with a draw, to be raised, without toll or pay, when re- 



/>12 MESSAGE. 

quired for the passasje of vessels, were enjoined. Tiie 
fiftli section bound the corporation to pay annually^ to 
Harvard College, two hundred pounds, during the said 
term of fort}^ years, and at the end of that time, secured 
the reversion of the property in the bridge to the Com- 
monwealth, saving to the College " a reasonable and an- 
nual compensation for the annual income of the old ferry, 
which they might have received had not said bridge been 
erected." 

Such are the general provisions of the act. In more 
precise terms of arrangement, the government authorized 
the erection of the'Charles River Bridge, and as an induce- 
ment to and remuneration for the enterprize, at that time 
regarded as bold and hazardous, as it has since proved 
useful and profitable, granted to the proprietors a toll for 
forty years, charged with the expense of maintaining the 
bridge in good repair, keeping the same lighted, raising 
the draw, and paying to Harvard College, annually, two 
hundred pounds. The accommodation to the public, and 
the liabilities imposed upon the proprietors, thus became 
the consideration for the grant, and the enjoyment of the 
gv^ni, for forty years, was made the equivalent. 

In 1792, (the Charles River Bridge having been before 
constructed,) an act was passed by the Legislature, cre- 
ating a corporation with authority to erect a bridge over 
Charles River from the west part of Boston to a point in 
the town of Cambridge, " and for remunerating to the 
proprietors the expense of building and maintaining said 
bridge, and j of indemnifying them for their risk," a toll 
was granted and established, as prescribed in the act " for 
the sole benefit of said corporation, for forty years, from 
the opening of said bridge for passengers." A duty was 
also imposed to keep the bridge in repair, to maintain and 
raise a draw for vessels, to provide lamps, and to pay to 
Harvard College the sum of three hundred pounds annu- 
ally, for forty years, i^ It is important to be regarded, that, 
in this latter act, the meritorious but hazardous enterprize 
of the proprietors of Charles River Bridge is expressly 
recognized, and although the termini and direction of the 
West Boston Bridge were different and distant, an express 
indemnity was provided for the loss of emoluments by a 



MESSAGE. 513 

diversion of some portion of the travel, as well ps for the 
encouragement of enterprise, in an express enactment 
extending their charter to seventy years, subject to all the 
conditions and regulations, prescribed in the original act, 
and with authority during the aforesaid term of seventy 
years, to continue to collect and receive all the toll, granted 
by the aforesaid act, for their use and benefit, — " provided, 
they also pay annually to said Harvard College the sum 
of tivo hundred pounds, and observe the aforesaid regula- 
tions and conditions." In the sixth section it is enacted, 
that in consideration of the:privilege§ in this act granted 
to the proprietors of Charles River Bridge, the said pro- 
prietors shall relinquish the additional toll on the Lord's 
Day, from and after the passing of the act. 

By a statute passed in the same year, 1702, the charter 
granted to the proprietors of West Boston Bridge was 
extended to seventy years, and the annuity to Harvard 
College changed from three hundred pounds for forty 
years, to tivo hundred pounds for the whole term. 

Subsequently, in the year 1806, another corporation 
was created by the name of the Canal Bridge, with au- 
thority to construct a bridge over Charles River from 
Boston to Cambridge, between the two first aforemen- 
tioned bridges, with a spur or cross bridge to a point in 
Char lestoivn, remote from Charles River Bridge. The obli- 
gations to maintain these bridges in repair, to keep them 
suitably lighted by lamps, to maintain and provide draws 
for the passage of vessels, and to pay to the proprietors 'of 
West Boston Bridge the sum of " three hundred and 
thirty-three dollars, and thirty-three cents, for each and 
every year that both said corporations shall exist,'''' were 
imposed. A right to toll w^as granted, and the continu- 
ance of the charter was limited to seventy years, and the 
charter of West Boston Bridge was extended. Thus three 
bridges have been authorized by grants of the Legisla- 
ture over Charles River, between different points from 
Boston to Charlestown and Cambridge, and by the pa- 
pers accompanying the bill, the fact distinctly appears, 
and indeed is otherwise notorious, that they have been 
I constructed and now exist, and are improved as passage 



514 MESSAGE. 

ways for the public, and for the collection of tolls by their 
respective proprietors. 

It was necessary to give this brief history of legislation 
on the subject, for the ri^ht understanding of the objec- 
tions which I have to offer to the bill before me. The 
mere expediency of further accommodation for inter- 
course between the city and country, by the way of 
Charlestown, is exclusively with the Legislature to con- 
sider, nor should I attempt a revision of their opinions on 
this question, if it were competent for me so to do. For 
all the purposes of legislation they would judge conclu- 
sively on this point, and as I apprehend such judgment 
has been already made, it will be taken to be correct, 
while I confine myself more appropriately to objections 
of a quite different character, to the passage of the bill. 

The protection of private property, and the inviola- 
bility of the faith of the government are enjoined by the 
very letter, and enforced by every principle of the Con- 
stitution. No fundamental rule is more absolute, than 
that which restrains the Legislature from the enactment 
of laws, which impair the force of contracts. The au- 
thority to construct the proposed bridge, it is apprehend- 
ed, would have this effect. The erection of the bridge 
would,* with entire certainty, destroy the value of Charles 
River Bridge, or in other words, it would effectually and 
totally annihilate the property of the proprietors in the 
franchise of the corporation. A free bridge^ near to a toll 
bridge^ in the same direction, and. of no greater distance 
from point to point of travel, accommodating precisely the 
same travel, could not but exclusively and always be pre- 
ferred, and while the former would be universally im- 
proved, the latter must altogether be avoided. It admits 
not of doubt, in the present case, that the apprehensions 
of the remonstrants would be realized, and that from the 
moment the pro]»osed bridge should be opened, not an in- 
dividual would be found to pay at the toll houses of the 
existing corporation. The effect, therefore, is to defeat 
the intended benefit of a former gi'ant of the Legislature. 
If such would be the operation of the proposed bill, it 
would be inoperative as an authority to the petitioners, 
and its enactment wholly unadvised. 



MESSAGE. 515 

The original act of incorporation of the proprietors of 
Charles River Bridge contained in express terms a grant 
of toll for forty 3'ears. The subsequent act of 1792, ex- 
tended this grant to seventy years, yet unexpired. The 
charter has never been judicially vacated, but is still in 
legal force. The incorporation was in the nature of a 
compact between the government and the proprietors. 
Each party was bound by it. The corporation, if they 
constructed the bridge, were afterwards to maintain it, to 
light it, to provide and tend the draw, and v^ere moreover 
pledged to the payment of an annuity ot two hundred 
pounds. If they omitted the performance of any of these du- 
ties they forfeited their charter,— -if they neglected some of 
them, they were further liable to forfeitures and penalties, 
at the suit of the public or of injured parties. The right 
to toll was the onl}' consideration secured to them, and 
this the Legi*ilature must originally have intended they 
should receive. It became, <lipon compliance with the 
conditions, a vested right upon an executed consideration. 
The bridge was made, and the duties enjoined upon the 
corporation attached, and could be enforced. The pro- 
prietors had parted with their money in the work, the 
fruits of which were to be received only in the payment 
of tolls. Without this, the funds were lost, and the prop- 
erty in the bridge became valueless. Could the govern- 
ment revoke the grant ? This will not be pretended. The 
right to enjoy it for seventy years was absolute. The 
words in the act of 1785, are, "a toll be and is hereby 
granted and established for the sole benefit of said propri- 
etors," and in the subsequent act of 17V)2, " the said pro- 
prietors shall and may continue to collect and receive all 
the toll, during the term aforesaid." No words could be 
more explicit ; no faith more strongly plighted. It must 
be admitted then, tiiat the Legislature, without impairing 
the contract, could not destroy the right to toll. An act 
to repeal the grant would be void. — So would he an act to 
prohibit travel upon the bridge, by which the receipt 
of toll would be prevented. So also, 'it is confident!}' as- 
sumed, must be any law, the direct and certain tendency 
of which is to produce the same result. Shall it be said, 
that the Legislature may not take the toll from the Corpo- 
68 



516 MESSAGE. 

ration, yet may lawfully deprive them of the only means 
by which it can be obtained ? That they may not destroy 
the bridge itself, yet by a direct and palpable act, may do 
that which renders it not worth preserving? What is the 
right to toll without travel, and what better is Sifree bridge, 
with the same nearness and convenience of accommoda- 
tion, than the enticement and diversion of that travel ? 
I speak with the utmost respect for the differing opinions 
of others, and with entire confidence in the just motives 
of all. Yet I cannot but regard the bill before me, as ne- 
cessarily and directly destroying the grant to Charles 
River Bridge Corporation, by a former Legislature, and 
for that reason decidedly objectionable, and if passed, void. 
An equitable consideration connects itself <with this 
view of the subject. If it be true that the construction 
of the proposed bridge would defeat the receipt of tolls 
on the existing bridges, shall the obligations and liabili- 
ities of tliose corporations continue ? ^lust the proprie- 
tors of Charles River Bridge, of West Boston Bridge, 
and the Canal Bridge, tax their private fortunes for thirty 
years to come, to defray the expenses of keeping these 
bridges in repair, lighting them, and raising their draws } 
Shall the two former be compelled to continue the pay- 
ments respectively of the annuities of two hundred 
pounds to Harvard College ; and the latter the stipulated 
sum of three hundred and thirty-three dollars and thirty- 
three cents to the proprietors of West Boston Bridge, so 
long as they shall both remain corporations? From these 
duties the}^ cannot exonerate themselves, and as respects 
the Canal Bridge, it is undoubtingly held, that the gov- 
ernment has not the power, under the charter, to dis- 
charge the obligation. It has become the (right of the 
proprietors of Wesi Boston Bridge to receive the money 
unconditionally, and without reference to any considera- 
tion, and the payment can be released only at their plea- 
sure. In relation to all these corporations, the acts cre- 
ating them, provided, that for the purpose of enabling 
them to perform the enjoined duties, they should have the 
right to toll. V Could the Legislature intend or believe, 
that without the receipt of toll these liabilities would re- 
main ? Yet the present bill offers no discharge ; provides 



. MESSAGE. 517 

no indemnity. It subjects to a certain loss of revenue, 
but leaves them with the burden of repairs, the care of 
the draws, the expense of lights, and the payments of 
heavy annuities, for many years to come. Can this be 
equitable ; is it an arranj>;ei)tent worthy the just character 
of the State ? Is there nothino, upon the principles of 
good faith, due to the claims of these corporations? And 
besides, may not the effect, the natural and obvious 
effect of this legislation be a little further regarded? Will 
these bridges be preserved by the present proprietors if" 
the tollsrbe destro} ed. The mode of enforcing against 
them the performance of a duty is by seizing upon the 
franchise of the corporation. If this be worthless, it will 
be suffered to become forfeit, and the bridges will decay 
and be lost. Tiie proprietors have no interest in their 
repairs except from the tolls, and when the expenses 
come to exceed the income, the work will be neglected. 
They must then be assumed by the State, and maintained 
at tiie public charge. The money pledged to the College 
must also be paid from the treasury, or lost to science, 
and ihe faith of the government here again violated. 
Indeed, consequences, now lightly heeded, r numerous, 
ruinous, and unforeseen, may ensue. It is alike from 
these considerations of what is due to equity and public 
justice, that the passage of the bill is objected to as impo- 
litic and inexpedient. 

In one other point of view the bill is regarded as un- 
salutary. Great improvements of country have, with us, 
been the work of private enterprise and responsibility. 
The public mind 'seems yet hardly prepared for liberal 
expenditures, nor doss the state of the public chest admit 
of large appropriations. To the interest and confidence 
of private associations we must look for investments of 
funds in the prosecution of valuable and useful objects, 
and it is only from a firm reliance on the most scrupulous 
regard to rights, under acts of incorporation, that they 
will be encouraged to action. Let distrust of the good 
faith of the government, nay, of its most careful and jeal- 
ous protection of corporate interests, once be entertained, 
and there is an end to the labours of associations of indi- 
viduals in great and noble undertakings. The worst 



518 MESSAGE. 

policy will be introduced, and the greatest prejudice to 
country suffered. 

I do not advert distinctly as an objection, to the des- 
truction, thus 2mexpectedly and prematurely^ of the rever- 
sionary interest which the Commonwealth is supposed to 
have in the existinp; bridges. This is matter entirely in 
the discretion ot the Legislature, and has "doubtless been 
well considered. It would seem, however, that at least, 
a sufficient hold should be kept of this property, to secure 
the future support of the bridges, with tfe expense of 
lighting them, and the management cf their diaws. A 
small toll, from pleasure carriages alone, might be ade- 
qiiate to these objects, while the laboring and business 
part of the community could well be relieved from all 
charge for their travel and accommodation. 

The provision in the fifth section of the act cannot be 
considered as, in any degree, obviating the general objec- 
tions to the bill. Indeed this very provision leaves no 
room to doubt my duty on this occasion. It imports a 
distinct admission of the sense of the Legislatuie that 
there is no pressing occasion for an additional bridge, for 
the accommodation of the public travel, inasmuch as it 
provides that if the proprietors of Charles River Bridge 
shall, within sixty days from the passing of the act, agree 
to -surrender to the Commonwealth their bridge, from and 
after the 31st day of December, 1831, the new bridge 
shall not be constructed before the expiration of that 
time, and that it may be constructed within two years 
afterwards^ while no obligation is imposed to do it at all. 
It thus gives the negative to the existence of the occasion, 
which could alone justify the interposition of the Legis- 
lature, that of a present public convenience and necessity, 
the true ground and the only ground upon which commis- 
sioners of roads are permitted to adjudicate highways in 
the country. The bill then may, in effect, but coerce the 
present corporation to relinquish their tolls, without 
otherwise adding to the public convenience. It becomes, 
in its true character, a measure by which a portion of the 
citizens are to be relieved from the burden of a tax incur- 
red in their personal accommodation, by imposing a dif- 
ferent burden in the maintenance of the old bridge, and 



MESSAGE. 519 

ultimately of all the bridjjes, upon the whole community, 
or uponlthe municipal corporations, if it may be so done, 
which are contiy;ucMis to these structures. 

The provision cannot be re<2;arded in the nature of an 
indemnit}^ to the proprietors of Charles River Bridg;e. It 
but proposes, as it seems to nie, in relation to that corpo- 
ration, to suspend for five years, a portion of the effect of 
the injury which the bill inflicts. It offers no equivalent 
for the sacrifice of interest in the total destruction of toll, 
at the expiration of that time, or for the duties and 
liabilities which will afterwards remain. It only pur- 
ports to permit, within this brief period, the enjoyment 
of a ricrht which was granted and vested, it at all, for a 
much longer term. In other words, instead of an 
outright destruction of the grant, it postpones it for 
a season, to be accomplished with equal certainty in 
the end. 

Such are the prevailing objections to the bill, which 
the brief opportunity I have had to prepare them in, 
will enable me to present. However general they ma}'- 
appear to be, they are distinctly offered to the bill, in its 
present shape^ arid I now most explicitly confine tht-ir ap- 
plication to the precise case before me. I entertain not 
the least doubt, that the power of the government may 
be rightfully exercised in opening a new communication 
between Boston and Charlestown, lohenever the public 
necessity may require it. But this necessity is not to be 
found in a mere relief from tolls, nor can it be removed 
by a direct and certain prostration of pre-existing rights, 
without providing adequate indemnities. This bill I 
might suffer to be lost, under the provisions of the Con- 
stitution, vithout the trouble of stating my sentiments in 
relation to it, by the lapse of five days after it was laid 
before me, if the Legislature should adjourn ; but I 
prefer to meet the responsibility of offering my objec- 
tions, freely and plainly, to your consideration, that if I 
err in judgment, it may now be corrected by that decided 
opinion in the Legislature, which shall secure the passage 
of the law. It can never'A)e regretted, that in doubtful cases, 
the constitution has required the sanction of two-thirds of 
both Houses to a legal enactment ; — and there is much of 



520 MESSAGE. 

comfort in the reflection, that this proportion of the 
wisdom of the Legislature will always be efFectually 
exercised, where the right is clear, and the policy of 
the law sound. The present difficulty may not unsea- 
sonably enforce an admonition how the government, 
unsparingly and with an unguarded hand, shall multiply 
prsvate corporations, and grant privi'eges without lim- 
itation, until only the form and very shadow of sovereign- 
ty remains. 

In discharging my duty^ on this occasion, I have looked 
steadily to the Constitution, to the public laws of the 
land, of which all magistrates are bound to take notice, 
and to the facts apparent upon the records, or notorious 
in the country. With the corporations inten*sted, I have 
neither concern nor sympathy of feeling. Of their past 
or present proprietors, their profits or losses, their condi- 
tion or prospects, I neither know, nor do I care to know 
any thing. I think I see the proud character of this an- 
cient Commonwealth, yet unsullied b}^ a single imputa- 
tion of injustice, and far more precious than the property 
of a thousand bridges, involved in the present question. 

I would preserve it, as ivould we all, fair and free of 
reproach as we received it, to be transmitted, a rich and 
noble inheritance in itself, to the latest posterity. 

LEVI LINCOLN. 

Council Chamber, March IQth, 1827. 



[Note. The question being afterwards taken in tlie 
House of Representatives, on the passage of the Bill 
" establishing the Warren Bridge Corporation," notwith- 
standing the Governor's objections, there were 99 yeas, 
and 45 nays, so the Bill was passed in the House and 
sent to the Senate. The question on the same being 
taken in the Senate, there were 16 yeas, and 12 nays. 
There not being the constitutional majority of two-thirds 
in its favor, the Bill was lost.] 



ROLL, NO. 96 January, 1827. 



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

Report, — That there is due the several Corporations 
and persons hereinafter mentioned, the sums set against 
their names respectively, which, when allowed and paid, 
will be in full discharge of said accounts to the dates there- 
in mentioned, which is resp^^ctfully submitted. 

JOHN KEYES, for the Committee. 



PAUPER ACCOUNTS. 

Amesbury, for support of Robert Baker, to Jan- 
uary 3, 1827. % 27 90 

Adams, for support of sundr}^ paupers, to Janua- 
ry 6, 1827, 313 33 

Attle borough, for support of Peggy Taylor, 
Margaret Allen. John Montgomery's two chil- 
dren, William & Martha; Thomas Rily, James 
Bromerly, Ann Bromerly and five children, 
James Weeks, Mary Wilson, and her five chil- 
dren, to January 4, 1827, 471 ,99 

Abinsjton, for support of David Jack and wife, 

• Antonio Julio, and Molly Thompson, to Janu- 
ary 16, 1827. 109 68 



522 PAUPER ACCOUNTS. 

Andover, for support of Sukey Hornsby, John 
Anderson, Ann White, Isabella White, George 
White, and Nathaniel White, to January 1, 
11.27, 180 94 

Altord, for support of Sylvia C. Glynn, and her 
three sons, Henry, Lorenzo and Justus, Wil- 
liam Go! burn, Susan Wheeler, and her son 
Oscar Wheeler, and Prudence Golburn till 
her death, to January 1, 1827, 268 27 

Acton, for support of Quartus Hosmer, to Feb- 
ruary I, 1827, 31 20 

Ashburnham, for support of Sukey Franklin, 
Henry Stinagar, William Stinagar, and Hiram 
Stinagar, to January 22, 1827, 145 60 

Beverly, for support of sundry paupers to Janu- 
ary I, 1827, 90 85 

Brook field, for support of Isabel Adams, Ezra 
Adams, Sarah Adams, and Wyman Adams, to 
January I, 18v7, 36 68 

Brookline, for support of George Thompson to 

February lb, 1826, " 3 60 

Becket, for support of Elizabeth Hamblin, to 

December 25, 1826, 28 80 

Beliinghani, for support of Nathan Freeman, to 

October 1, 1825, 21 20 

Barnstable, for support of Joseph Thompson, to 

January 10, 1827, 46 80 

Boston City, for support of sundry paupers out 
of the Poor House, to January 12, 
1827, 1,082 60 

*' " for support of sundry paupers at 

the House of Industry to Janu- 
ary 1, 1827, 4,132 27 
" " for support of sundry paupers in 
the Hociseof Correction, to January 
1, 1827, 1,005 45 

Boxford, for support of Mehitable Hall, to Janu- 
ary I, 1826, 46 80 

Braintree, for support of Titus and Ann Guith, 
and four clrldren, and Christopher Joseph to 
January 1, 1827, and Erastus Stoddard to same 
time 141 43 



PAUPER ACCOUNTS. 523 

Billerica, for support of Mrs. McRee, and seven 

children, and James Dunn, to January 1, 1827, 169 60 

Barre, for support of J uda Davis, Mary Davis, 
and James Davis, Jr. children of James Davis, 
and Dinah Baker, to January 25, 1827, O.'i 20 

Belchertovvn, for support of Mary Filer, Fidelia 
Barden, Armedia Harden, Samuel R. Fossett, 
William Knox, Hannah Knox, and Duty Dar- 
lino;, to January .% 1827, 96 50 

Burlington, for support of John A. Pasoho, and 
Thomas Haordman to January 24, 1827, 93 60 

Bridgevvater, for support of John Chesnut and 
wife, Joseph Murgan, and Joanna Bignier to 
January 17, 1827, 115 20 

Brighton, for support of JohnS. Baker, to Janu- 
ary i, 1827, 46 80 

Brimfield, for support of Thomas Corbin, John 
Shelburne, and John Baxter, to February 13, 
1827, , 141 92 

Bolton, for support of Margaret Daley, Patrick, 
James, and John Daley, and Martha Addison, 
to February 20, 1827, 71 90 

Carlisle, for support of Robert Barber, to Janu- 
ary 3, 1827, 28 67 

Cheshire, for support of Ephiaim Richardson, 
Polly Cooper, Molly Diamond, Noel Randall, 
and Alexander, Emely, George, Samuel, Leon- 
ard, and Mary Ann Williams, to January 9, 
1827, ' 197 00 

Conway, for support of Sarah Sampson, Achsar 
Sampson, Martha McMurphy, Sally McMur- 
phy, and Hannah Hall, to January 7, 1827, 147 28 

Clarksburg, for support of Alvah Dodge, and Sa- 
rah Dodge, to January 1, 1827, 28 42 

Charlton, for support of Amia Dixon, and her 

two children, to January 1, 1827, 96 90 

Chelsea, for support of Betsey Jones, to Janu- 
ary 1, 1827, 46 80 

Cummington, for support of Blister Pierce, to 

January 7, 1827, 46 80 

69 



524 PAUPER ACCOUNTS. 

Chesterfield, for support of Sarah Polly, to Jan- 
uary 7, 1827, 46 80 

Charlestown, for support of sundry paupers, to 

January 10, 1827, 2,340 96 

Colerain, for support of sundry paupers to Jan- 
uary 16, 1827, 220 75 

Carver, for support of Martin Grady, to January 

2, 1827, 46 80 

Chemsford, for support of Catharine McClen- 
ning, Joanna McLane, Thomas H. Miller, to 
Janupry 1, 1827, 119 60 

Cambridore, for support of sundry paupers, to 

January 26, 18^7, 1,620 88 

Dracut, for support of Moses Freeman, to Janua- 
ry 10. 1827, 46 80 

Duxbury, for support of Eleazer Simmons, Lydia 
Dace, Hannah Dace and Thomas Williams, to 
January 12, 1827, 119 96 

Dorchester, for support of sundry paupers, to 

January 15, 1827, 39 04 

Dalton, for support of Horace Squires, Polly 
Wakefield and her children, Ann, Lavina, Levi, 
Jedediah and Polly, to January 25, 1827, 103 60 

Dennis for support of John Joseph, John Bloom 

and Fear Wixon, to January 15, 1827, 58 57 

Diahton, for support of Hannah Tew, to January 

24, 1827, 46 80 

Dedham, for support of Edward W^ilcox, till his 
death, Elizaf)eth Wilcox, Harriet Lovell, Alex- 
ander McDonald, Harry Wiggins, Samuel 
Merriam and Peter Green, to Febiuary 1, 
1827, 124 83 

Deerfield, for support of Dolly Roberts, Daniel 
Eilis, Lavina Witherell, Peter Stamm, and 
Kuni Witherell, to January 1, 1827, 125 50 

Danvers. for support of sundry paupers, to Feb- 
ruary 7, 1827, 303 66 

Essex, for support of Catherine Hall, widow of 
Robert Jewet and two children, to January 
15, 1827, 168 60 



PAUPER ACCOUNTS. 525 

East Bridp^ewater, for support of Nathaniel Law- 
rence, to January 4, 1827, 25 20 

Easton, for support of Nancy Willard, to Janua- 
ry 1, 1827, 11 18 

Egremont, for support of sundry paupers, to 

January 7, 1827, 313 99 

East Sudbury, for support of John Mitchell, and 

funeral charges, to January 15, 1827, 6 80 

Eastham, for support of Benjamin F. Johnson, 

to January 1, 1827, 20 70 

Fairhaven, for support of sundry paupers, to 

January 1, 1827, 232 82 

Framingliam, for support of Daniel Campbell, to 

January 9, 1827, 46 80 

Falmouth, for support of Edward Edwards, to 

January 19, 1827, '^ 46 80 

Great Barrington, for support of Isaac Hoose, 
Mary Hoose, Joanna Porter, Lucy Porter, 
Clerisa Lindsley, Temperance Sears, Phebe 
Rilson and Jane Meeseck, to January 1, 1827, 210 80 

Granville, for support of William Evans, Sally 

Stuart and Samuel Gallop, to January 6, 1827, 59 40 

Grafton, for support of sundry paupers, to Jan- 
uary 7, 1827, 135 50 

Gran by, for support of John Conlay and Cyn- 
thia Bowers, to January 1. 1827, 19 02 

Greenfield, for support of Olive Bate's child, to 

January 6, 1827, 15 50 

Gloucester, for support of sundry paupers, to 

January 15, 1827, 540 54 

Groton, for support of Richard Brenton, Eunice 
Bentrdt, Mary Rolfe and John Poland, to Jan- 
uary 10, 1827, 169 45 

Hadley, for support of Rebecca Allen, to Janua- 
ry 2, 1827, 46 80 

Hingham, for support of John Despaze, to June 

28, 1826, 56 96 

Hardwick, for support of Charles Collins and 

Elizabeth Walker, to January 1, 1827, 54 90 

Heath, for support of xVlary Dewendellier, to 

January 25, 1827, 26 00 



526 PAUPER ACCOUNTS. 

Hancock, for support of William North and three 
children and Silas Chipman, to January 1, 
1827, 171 60 

Hatfield, for support of Jesse Jewet, to January 

I, 1827, 16 20 

Ipswich House of Correction, for support of sun- 
dry paupers, to January 8, !827, 343 74 
Ipswich, for support of John Obrien, to Februa- 
ry 8, 1827, 79 20 
Kingston, for support of Sophia Holmes, to De- 
cember 9, 1827, 46 80 
Lenox, for support of sundry paupers, to Jc\nu- 

ary 1, 1827, 177 12 

Leyden, for support of Arnold Clark, Tasey Ful- 
ler, Ruth Abel, Joseph Abel and Desire Stan- 
ton, to January 7, 1827, 148 50 
Long;meadow, for support of Dorcas Coville, to 

January 12, 1827, 45 00 

Lowell, for support of George Little and his wife 
and two children, Rosalinda Holden and Mr. 
Addison, to January 7, 1827, 21 44 

Littleton, for support of Jacob Thompson, John 
Putnam and Joseph Davenport, to January 14, 
1827, 130 63 

Lynn, for support of John Battis, Nancy Carter, 
John Thomas and Samuel Smith, to January 
27, 1827, 117 00 

Leicester, for support of Thomas Waters, to 

February 7, 1827, 63 30 

Lanesborough, for support of sundry paupers, 

to January 1, 1827, 229 60 

Lee, for support of sundry paupers, to January 

23, 1827, 460 45 

Lunenburg, for support of William Shears, to 

January 16, 1827, 45 00 

Marblehead, for support of JMary Cord and John 

Webber, to January 1, 1827, 90 37 

Marshfield, for support of Samuel Holmes and 

John Baker to December 24, 1826, 93 60 

Monson, for support of sundry paupers, to Jan- 
uary 1, 1827, 195 55 



PAUPER ACCOUNTS. ^27 

Middleborough, for support of sundry paupers, 

to January 1, 1827, 518 40 

Maiden, for support of sundry paupers, to Feb- 
ruary 24, 1827, 163 30 

Medfield, for support of George Turner, to No- 
vember 2.'}, 1826, 46 80 

Montgomery, for support of Willard Converse, 

to January 1, 1827, 27 38 

Milbury, for support of John Butler Jr. to April 

26, 1826, 16 33 

Montague, for support of Edward Potter and 

wife; Amia Sinclair, to January 15, 1827, 89 10 

Medford, for support of Dorothy Limon, and 

Hannah Little, to January 11, 1827, 66 22 

Milton, for support of sundry paupers, to Feb- 
ruary 5, 1827, 191 04 

Monroe, for support of Betsey Carpenter, Almira 
Wilcox, Mary Wilcox, and Noah Wilcox, to 
January 30, 1827, 74 40 

Northtield, for support of Joel M. Plumb, to Jan- 
uary 6, 1827, 27 12 

Norton, for support of James Norbury, to Jan- 
uary 1, 1827, 27 90 

Newbury, for support of sundry paupers, to 

January 1, 1827, 940 94 

Nantucket, for support of sundry paupers, to 

January 1, 1827, 225 80 

Northborough, for support of Jacob West, to 

January 7, 1827, 75 60 

Northampton, for support of sundry paupers, to 

January 1, 1827, 894 19 

Norwich, for support of Ruth Sanford, to Janua- 
ry 1, 1827, 46 80 

North Bridgwater, for support of James Dorin, 
William B. Seargent, George Lewis, Albert 
Lewis, and William Lewis, to January 10,1827, 137 11 

New Braintree, for support of Mary Roggers, to 

Jan.iary 3, 1827, 46 80 

Northbridge, for support of Cyril Waterman, 
Josephine, Loisa, Resolved, and Alden Water- 
man, John Wright and Matilda Inman, to Feb- 
ruary 8, 1827, 41 70 



528 PAUPER ACCOUNTS. 

Newburyport, for support of sundry paupers, to 

January 1, 1827, 833 24 

North Brookfield, for support of Esther Johnson, 

to January 1, 1827, 31 50 

Oakham, for support of Toby Barker, to Janua- 
ry 1, 1827, 39 47 

Palmer, for support of William Mendon till his 

death, and funeral charges, 54 37 

Phillipston, for support of Abraham Shale, to 

January 1, 1827, 27 52 

Pittsfield, for support of sundry paupers, to Jan- 
uary 7, 1827, 104 11 

Pembroke, for support of Roda Prince, to Janu- 
ary 17, 1827, 46 80 

Pelham, for support of William Banks, and He- 

riet Whipple, to December 23, 1826, 47 32 

Plymouth, for support of John Walking, Jf hn 
M. Reap, J?mes Reed, William Walley, Seth 
Hays, Mary Lundebury, and funeral expenses 
of James Somers, to January 19, 1827, 176 25 

Peru, for support of Sarah Brown, to January 7, 

1827, 46 80 

Peppeiell, for support of Robert B. Minchen, to 

his death, and David Smith, to January 1, 1827, 103 49 

Rowley, for support of sundry paupers, to Jan- 
uary 1, i827, 155 20 

Richmond, for support of Rosana Winston, Nan- 
cy Jessup, Samuel Hill and Susan Darling's 
four children, to January 7, 1827, 244 40 

Reboboth, tor support of Aaron Freeman, Lucy 
Kelly, Dinah Kelly and Rosannah Freeman's 
child, to December 30, 1827, 192 40 

Rochester for support of Edward Benson, his 
wife Roda Benson and children Alfred, Amos, 
Charles and Edward, and Owen Kelly, to Jan- 
uary 2, 1827, 66 97 

2d, account, for support of sundr}' paupers, to 

January 20, 1827, 137 43 

Russell, for support of Polly Newton, Mary Steb- 

biris and Sally Harrington, to January 1, 1827, 82 17 

Roxbury, for support of sundry paupers, to Jan- 
uary 3, 1827, 137 60 



PAUrER ACCOUNTS. 529 

Swansey, for support of sundr>' paupers, to De- 
cember 31, 1826, ' 261 00 

Salisbury, for support of Mary Johnson, to July 

24, 1826, 20 70 

Slielt)U"rie, for support of Mary Bates and Eliza- 
beth Lane, to lanuary 14, 1827, 72 80 

Salem, for support of sundry paupers, to Decem- 
ber 31, 1826, 1,366 00 

Stockbridge, for support of sundry paupers, to 

December 1, 1826, 248 64 

Sturbridge, for support of Anna Stedman and Ze- 

ruah Lockvvood, to December 4, 1826, 90 89 

Sheffield, for support of sundry paupers, and Dan- 
iel Carne to his death, to January 8, 1827, 435 75 

Sandwich, for support of Patrick Powers, to Jan- 
uary 7, 1827, 27 25 

Sterling, for support of James Dailey's wife and 

four children, to January 1, 1827, 4 15 

Springfield, for support ot sundry paupers, to 
January 1, 1827, 292 60 

Sharon, for support of John H. KelhofF, Edward 
Ellis, Jane Donaldson and child, to January 
10, 1827, 146 00 

Seeconk, for support of James Allen, Susannah 
Matison, Hannah Robins, Reuben Frost, Eli- 
zabeth Cowden, Tilly Peck, and Jane Watson, 
to January 2, 1827, 286 00 

Southbridge, for support of Quack Boston, to 

November 17, 1826, 46 80 

Somerset, for support of Ruth Hill, Polly Hill, 
Ann Mackgiven and three children, viz, Ann, 
Else and Thomas Mackgiven, to January 3, 
1827, 218 40 

Sturbridge, for support of sundry paupers, to 

January 1, 1827, 108 89 

Shirley, for support of Mary McKenzie, Han- 
nah Gray and Prince Brewster, to January 1, 
1827, 72 58 

Sandisfield, for sup]»ort of Richard Dickson and 

Phillis his wife, to January 10, 1827, 61 20 



530 PAUPER ACCOUNTS. 

Stoughton, for support of Isaac Williams, and 

Micfiael Myron, to January 8, 1827, 73 30 

Spencer, for support of sundry paupers, to Jan- 
uary 16, 1827, 164 47 
Townsend, for support of Margaret Jackson, 
Laura Jackson, Miranda Jackson, Samuel B. 
Jackson and Henry S. Jackson, to January I, 
1827, 97 02 
Tyriiigham, for support of Richard Gardner and 
wife, Elizabeth Hicks, Asa Thompson, Mary 
Diskill, Rebecca Porter, Olive Porter, Jonathan 
Potter, Peggy Holmes, Caroline M. Holmes 
and Rosanna Webster, to January 7, 1827, 230 16 

Taunton, for support of sundry paupers, to Jan- 
uary I, 1827, 361 18 

Uxbridge, for support of Mary Jenks, to Janua- 
ry 7, 1827, ^ 26 00 

Wenham, for support of Pompey Porter, to Jan- 
uary 1, 1827, 46 80 

Washington, for support of James Robbins, Nan- 
cy Robbins and VVilliam Seals, to January 1, 
1827, 119 60 

Walpole, for support of Mary Lindel, to Febru- 
ary 23, 1826, and Polly Rath burn and her two 
children, Margaret Daly and her child, to Jan- 
uary 13, 1827, 162 26 

Worthington, for support of Luke Frink and 

Eunice Bently, to January 1, 1827, 102 60 

West Springfield, for support of Hannah Shevay, 
James Benedict, Lois Shevey, to January 1, 
1827, 98 81 

Westhampton, for support of Samuel Culver, 
Jane Gay, Mary Ann Sherman, Filice Sherman, 
and Samuel Schamerhorn, to January 3, 1827, 147 20 

Weston, for support of Pliilinda Cady and Oliver 

Mendell, to January 1, 1827, 23 44 

Williamstown, for support of sundry paupers, to 

January 7, 1827, 751 88 

Westfield, for support of sundry paupers, to 
January 7, 1827, 330 32 



PRINTERS' AND iVlISCEL. ACC'TS. 531 

Westford, for support of Ephrairn Spaulding, to 

January 8, 18'27, ' 93 60 

West Bridjojewater, for support of Thomas Qiun- 

ley, to January I, 1827, 10 80 

Watertown, for the support of sunciry paupers, 

to January 1, 1827, 330 05 

Ware, for the support of John J. Upham, Charles 
Simpson, Thomas Deunison, and Jacob Jack- 
son, to February 0, 1827, 91 80 

West Nevvbur}, for the supportof Thomas Jones, 

to December 31, 1826, 31 50 

Weslborouuh, for suppoit of John Donnovan, and ; • 

Dinah, till their death, ' 35 72 

Wincliendon, for support of Richard Furlong, to 

January 17, 1827, 59 40 

West Stock bridge, for support of Lucy T-ane, 
James C. Briggs, Sally Barton, Maria Parker, 
Ebenezer Wood, and Abigail Wood, to Janua- 
ry 1, 1827, 345 72 

Weymouth, for support of Edward Smith, to 

May 13, 1826, 16 46 

Wrentham, for support of James Walker, Robert 
Wilson, Sarah Olney, till her death, William 
Dorrell, Eliza Ann Woodward, to January 7, 
1827, 169 19 

West Cambridge, for support of Robert Morton, 

to March 6, 1826, 9 24 

Whitman Kilborn and Nymphas Marston, for 
support of sundry paupers on Marshpee plan- 
tation, to January 11, 1827, 286 01 

Waltham, for the support of Sarah Ellis, to April 

1, 1826, 11 58 



PRINTERS' AND MISCELLANEOUS ACCOUNTS. 

Allen & Atwell, for publishing Laws, &c. to Jan- 
uary 1, 1827, 16 67 

James Allen, for account, his services in Secre- 
tary's Office, in pursuance of a Resolve, to 
January 1, 1827, 447 85 

70 



532 PRINTERS' AND MISCEL. ACC'TS. 

E. W. Allen, for publishing Laws, &c. to Janua- 
ry 1, 1827, 29 17 

Phineas Allen, for publishing Laws, &c. to Jan- 
uary 1, 1827, 16 66 

William Adams & Co. for articles of hard-ware, 

for State House, to February J 3, 1827, 83 98 

Samuel Adams, for materials for stoves, to Feb- 
ruary 27, 1827, 15 00 

John Bicknel, for labour on State House, to Feb- 
ruary 27, 1827, 142 99 

Samuel Bowles, for publishing Laws, &c. to Jan- 
uary 1, 1827, 16 66 

Abijali Bijielow, for his fees in a suit in favour of 

the Commonwealth, 10 70 

J. T. Buckingham, for publishing Laws, &c. to 

May 31, 1826, 16 66 

Ballard & Wright, for papers and advertisements 

to January 9, 1827, 41 21 

Boston City, for repairs of the Commonwealth 
buildings on Rainsford Island, to November 
21, 1826, 

Abraham Bird, for lumber, to January 15, 1827, 

J. W. Burditt, for stationary, to Feb. 27, 1827, 

Henry Blaney, for labour and articles furnished, 
to February 27, 1827, 

Ballard & Prince, for carpeting for State House, 
to February 27, 1827, 

Samuel Bradlee, for hard-ware for State House, 
to February 25, 1827, 

Boston Soap Stone Company, for stone for State 
House, to February 27, 1827, 

Henrv Bacon, assistant messenger, to March 3, 
1827, 

Jacob Chapin, for publishing Laws, &c. to Jan- 
nary 1, 1827, 

W. W. Clapp, for publishing Laws, &,c. to Jan- 
uary 1, 1827, 

David L. Child, for services on Indian affairs, to 
February 24, 1827, 

Warren Chase, account, assistant messenger of 
the General Court, to March 3, 1827, 



PRINTERS' AND MISCEL. ACC'TS. 533 

William Collier, for National Philanthropist, to 

March 3, 1827, 4 65 

VV^ W. Clapp, for Evening Gazette, to Februa- 
ry 3, 1827, 23 31 

Elijah W. Cutting:, assistant messenger to Gen- 
eral Court, to March 3, 1827, 108 00 

Allen Danforth, for publi-shina; Laws, &c. to May 

26, 1826, " . 16 67 

Charles Foster, for furniture for Senate Cham- 
ber, per his account, to January 1, 1827, 72 00 

Andrews & Foote, for publishing Laws, &c. to 

January 1, 1827, 33 33 

Gore & Baker, for pointing at State House, to 

February 2r), 1827, 33 00 

Sewall Hamilton's Estate, for services in a suit 

in favour of the Commonwealth, 19 10 

Moses L. Hobart, for his salary and wood fur- 
nished at Rainsford Island, to Dec. 31, 1826, 104 44 

Billiard, Gray & Co. for blank books, furnished 

Adjutant General's Office, to Feb. 17, 1827, 70 00 

Nathan Hale, for newspapers, &c. to March 3, 

1827. 16 69 

W. & S. B. Ives, for publishing Laws, &c. for 1825, 33 33 

Samuel H. Jenks, for publishing Laws, &c. to 

January 1, 1827, '^ 16 66 

Isaac Knapp, 2d, for publishing Laws, &c. to 

March 22, 1826, ' 13 80 

Jacob Kuhn, Jr. assistant messenger, to March 3, 

1827, ^^ 108 00 

James Loring, for twelve Registers, to January 

1, 1827, 10 00 

H. & W. H. Mann, for publishing Laws, &c. to 

October 13, 1826, 16 67 

Benjamin Mudge, for Massachusetts Journal, to 

March 3, 1827, 95 55 

Alexander Parris, for services erecting hot stove, 

to February 27, 1827, 15 00 

A. P. Phelps, for publishing Laws, to January, 1827, 16 67 

Joseph H. Pierce, for allowance on account, to 

January 1, 1827, 80 00 

David Reed, for newspapers, &c. to March 3, 1827, 14 22 



534 PRINTERS' AND JVIISCEL. ACC'TS. 

Commissioners, to examine Treasurer's accounts 

for 1826, viz: Nathaniel P. Russell, 14 00 

Robert Rantoul, 14 00 

Jonathan Hart well, 14 00 

Samuel Billings, 14 00 

Otis Corbet, 14 00 

Richardson & Lord, for stationary, to January 

19, 1827, 33 00 

Enoch H. Snelling, for labour at State House, to 

February 27, 1827, 33 97 

Daniel Safford, for stoves for State House, Feb- 

uary 27, 1827, 201 88 

Heman Stebbins, for services on Indian xlffairs, 

to February 24, 1827, 30 00 

True & Greene, for printing of (lie State, and 
publishing the Laws, and furnishing news- 
papers, to February 26, 1827, 1615 44 

Edmund Towue, Junr. for services to March 3, 

1827, 52 00 

R. P, & C. Williams, for five copies of Strick- 
land's Reports, for Library, 50 00 

John H. Wlieeler, for labour at State House, to 

February 27, 1827, 664 46 

03^ Additional entries. Printers and Miscellane- 
ous Accounts. 
Thomas Barnes, for services of his son William 

Henry, Page to the Senate, to March 3, 1827, 52 00 
Bemis & Vose, for chandelier ^c.in Senate Cham- 
ber, January 1, 1827, 884 13 
Beales & Homer, for papers, printing, &c. to 

March 3, 1827, 70 87 

Badger & Porter, for newspapers and printing, 

to March 3, 1827, ^ 109 74 

Ballard & Wright, for nevvspapers, ^c. to March 

3, 1827, ^ 62 17 

Benjamin Russell, for publishing Laws, and for 

newspapers, to March 3, 1827^ 88 59 

John B. Russell, for newspaj)ers to March 3, 1827, 50 25 
W^iliis ^ Rand, for newspapers, to March 3, 1827, 13 50 
Young &f xMinns, for publishing Laws, and for 

newspapers, to March 3, 1827, 25 91 



SHERIFFS' ACCOUNTS. 535 



CORONERS' ACCOUNTS. 

Thomas Badger, Coroner, (deceased) Suffolk, his 

account ])resented by Cutler ^ Badger, to 

January 1, 1827, 37 00 

John Cook, Jr. Coroner of Essex County, account 

to January 1, 1S27. 41 52 

Abiel Cudworth, Coroner of Plymouth County, 

for inquisitions, to January 1, 1827, 14 80 

Benjamin Drew, Coroner of Plymouth County, 

for inquisitions, to January 20, 1827, 14 80 

Edward Dorr, Coroner of Essex County, for in- 
quisitions, to June 27, 1826, 14 00 
Jotham Johnson, Coroner of Middlesex County, 

for three incjuisitions, to January 20, 1827, 37 20 

Ephraim Kempton, Coroner of Bristol County, 

for inquisitions to July 9, 182G, 13 60 

Orlando B. Merrill, Coroner of Essex County, 

for inquisitions, to July 6, 1826, 8 60 

Eliab W. Metcalf, Coroner of Middlesex County, 

for inquisitions, to October 19, 1826, 7 40 

John Pomroy, Coroner of Berkshire County, for 

inquisitions, to January 24, 1827, 12 40 

Mark H. Pike, Coroner of Berkshire County, for 

inquisitions to January 1, 1827, 12 40 

Joseph Stowers, Coroner of Suffolk County, for 

inquisitions, to January 23, 1827, 23 64 

Daniel Spear, Coroner of Norfolk County, for 

inquisitions, to January 1, 1827, 12 40 

Prince Snow, Jr. Coroner of vSufiblk County, for 

inquisitions, to January 31, 1827, 7 40 



SHERIFFS' ACCOUNTS. 

January, 1827. 

Nathaniel Austin, Sheriff of Middlesex County, 

for returning votes, &c. to January 1, 1827, %Q 28 



536 MILITARY ACCOUNTS. 

Bailey Bartlett, Sheriff of Essex County, for re- 
turning votes, &c. to January 1, 1827, 17 40 

David Crocker, Sheriff of Barnstable County, for 

returning votes, &c. to January 1, 1827, 17 50 

Uriah Gardner, Sheriff of Nantucket County, 

for returning votes, &c. to January 1, 1827, 33 50 

Epaphras Hoyt, Sheriff of Franklin County, for 

returning votes, &c. to January 1, 1827, 25 00 

H. Leonard, Sheriff of Bristol County, for re- 
turning votes, &c. to January 1, 1827, 18 50 

Joseph Lyman, Sheriff of Hampshire County, 

for returning votes, &c. to January 1, 1827, 25 00 

John Phelps, Sheriff of Hampden County, for 

returning votes, &c. to January I, 1827, 60 00 

Josiah D. Pease, Sheriff of Dukes County, for re- 
turning votes, to January 1, 1827, 25 00 

Calvin Willard, Sheriff of Worcester County, 

for returning votes, &c. to January 1, 1827, 10 00 



MILITARY ACCOVNTS.— January, 1827. 

Brigade Majors. 

Alfred Allen, to January 1, 1827, $40 00 

Joseph Butterfield, to January 1, 1827, 40 00 

Jabez W. Bartod, to January 1, 1827, 40 00 

Alanson Cark, to January 1, 1827, 40 00 

David G. W. Cobb, to January 1, 1827, 30 00 

Ezekiel R. Colt, to January 1, 1827, 40 00 

Parker L. Hall, to January 1, 1827, 40 00 

Riifus Hastings, to January 1, 1827, 40 00 

Henry B. Smith, to January 1, 1827, 40 00 

Joseph Sampson, to January 1, 1827, 40 00 

Joseph W. Wright, to October 1, 1826, 26 66 

Nathaniel Wilder, to January 1, 1826, 40 00 

George Wheaton, to November 4, 1826, 43 58 



MILITARY ACCOUNTS. 537 

^ids de Camp. 

Timothy G. Coffin, to January 1, 1827, §25 00 

Edward Dickinson, to January 1, 1827, 25 00 

Samuel Ktiieridge, to January 1, 1827, 50 00 

John Kellogg, to January 1, 1827, 25 00 

John Stickney, to January 1, 1827, 25 00 

James Talbot, to January 1, 1827, 25 00 

Mjutants. 

Stephen Adams, jun. to January 1, 1827, $25 00 

Paschal Abbot, to January I, 1827, 6 25 

George B. At wood, to January 1, 1827, 25 00 

Otis Adams, to September II, 1826, 17 43 

William Brown, to January 1, 1827, 25 00 

Nathaniel Bailej, to January 1, 1827, 25 00 

Moses Brigham, to January 1, 1827, 15 00 

Edmund Bush, to January 1, 1827, 25 00 

Josiah Clarke, to January 1, 1827, 25 00 

Chester W. Chapin, to January I, 1827, 25 00 

Daniel L. Callendar, to January 1, 1827, 39 58 

Phinehas Cone, to January 1, 1827, 12 50 

Horace Collamore, to January 1, 1827, 25 00 

John Davis, to January 1, 1827, 31 93 

Samuel L. Dyer, to January 1, 1827, 15 00 

Thomas Dickinson, to January 1, 1827, 25 00 

Willard Day, to January 1, 1827, 7 57 

John Evans, to January 1, 1827, 16 60 

Reuben Evans, to January 1, 1827, 8 40 

James Kstabrook, to January 1, 1827, 25 00 

Calvin Fisher, to January 1, 1827, 15 00 

Sewel Fisk, to January 1, 1827, 3 75 

William Flanders, to January 1, '827, 15 00 

Ebenezer Frost, to January 1, 1827^ 25 00 

John J. Graves, to January 1, 1827, 22 92 

Carter Gates, to January 1, 181^7, 25 00 

David Goodrich, to January 1, 1827, 7 92 

Guy C. Haynes, to January 1, 1827, 25 00 

Charles Howard, to January 1, 1827, 48 88 

H. K. Holland, to January 1, 1827. 13 27 



538 MILITARY ACCOUMS. 

John K. Henry, to January 1, 1827. 35 06 

Isaac L. He<l£;e, to January 1, 1827, 25 00 

P!)illij) P. Hathaway, to January 1, 1827, 25 00 

Daniel Hill, to January 1, 1827^ 25 00 

Auijustus Hitchcock, to January 1, 1827, 15 00 

Stoddard Hubbell, to January 1, 1827, 25 00 

Francis Holden, to January 1, 1827, 25 00 

David P. Insersol, to January 1, 1827, 25 00 

Charl-s Kiniball, to January' 1, 1827, 25 00 

Frederick W. Lincoln, to January 1, 1827, 39 58 

Lewis Lilley, to January 1, 1827, 25 00 

Thomas M. iMosely, to January 1, 1827, 15 00 

Harris Munroe, to January 1, 1827, IG 66 

N. B Mountfort, to July 1, 1826, 12 50 

Samuel S. Mills, to January 1, 1827, 1 1 67 

Alexander Mclntire, to January 1, 1827, 6 18 

Abraham Nye, to January 1, 1827, 25 00 

Henry Newton, to January 1, 1827, 25 00 

William Putnam, to January 1, 1827, 50 00 

James B. Porter, to January 1, 1827, 16 53 

William W. Partridjje, to January 1, 1827, 25 00 

Daniel W. Rodgers, to January I, 1827, 25 00 

Jason Richards, to January 1, 1827, 25 00 

Peter Richardson, to January 1, 1827, 25 00 

Franklin Root, to January 1, 1827, 40 37 

Ezra W. Samp^-on, to January 1, 1827, 25 00 

Stephen Sanford, to January 1, 1827, 25 00 

Ebenezer Sutton, to January 1, 1827, 25 00 

Samuel Shiverick, to Januar}' 1, 1827, 15 00 

William B. Saxton, to July 22, 1826, 8 42 

Joseph P. Turner, to January 1, 1827, 15 00 

William Tidd, to January 1, 1827, 25 00 

Enoch Train, to January 1, 1827, 18 75 

Daniel Tuck, to January 1, 1827, 15 00 

Joseph Tyler, to January 1, 1827, 16 88 

Arad Thompson, to January 1, 1827, 25 00 

John Tiiden, Jun. to January 1, 1827, 15 00 

Edwin B. Tainter, to January 1, 1827, 34 32 

Julius Ward, to January 1, 1827, 25 00 

Georoje B. Wo )d, to January 1, 1827, 25 00 

Jonathan Wheaton, to January 1, 1827, 25 00 



MILITARY ACCOUNTS. 559 

Asa Wood, to January 1, 1827, 25 00 

James VVolcott, Jun. to January 1, 1827, 25 00 

Simeon VV. Wright, to January 1, 1827, 25 00 

Samuel Woodburn, to January 1, 1827, 14 17 

Hatding Artillery viz. 

Joseph Allen, for the year 1826, 20 00 

John Boynton, for the year 1826, 8 75 

H. B. Bordwell, for the year 1826, 7 50 

Jon.'ithan Belcher, for the year 1826, 11 75 

Richard Bump, for the year 1826, 00 

John Dowley, for the year 1826, 7 25 

Benjamin Eldred, for the year 1826, 35 00 

Thomas M. Field, for the year 1826, 17 33 

Reuben Frye, for the year 1826, 22 50 

Frederick Fowler, Jun. for the year 1826, 5 00 

Elijah Flagaj, for the year 1826, 5 00 

George Gardner, for the year 1826, 10 00 

Paul Hildreth, for the year 1826, 30 00 

Jonathan Hoar, for the year 1826, 25 34 

Charles Hooker, for the year 1826, 12 50 

John Harrison, for the year 1826, 7 50 

Ephi-aim Holland, for the year 1826, 6 25 

Amos Johnson, Jun. for the year 1826, 20 00 

Simeon Jefts, for the year 1826, 6 50 

Joseph W. Lewis, for the year 1826, 70 50 

Calvin Lane, for the year 1826, 11 00 

Amos Meriam, for the year 1826, 6 50 

Charles M. Owen, for the year 1826, 8 00 

Jemotis Pond, Jun. for the year 1826, 20 00 

Enoch Pierce, for the year 1826, 20 00 

Elisha W. Pratt, for the year 1826, 28 75 

John Porter, for the year 1826, 14 60 

William L. Smith, for the year 1826, 40 00 

George W. Saunders, for the year 1826, 35 00 

John Stacy, for the year 1826, 20 00 

Nathaniel Shaw, for the year 1826, 18 75 

Clark Skinner, for the year 1826, 15 00 

Alvin Tapley, for the year 1826, 10 00 

Abijah Thompson, for the year 1826, 20 00 
71 



540 MILITARY ACCOUNTS. 

Lewis Worthinstoii, for the year 1826, 20 00 

Thomas White, lor the year 1826, 30 00 

Martin Wilder, for the year 1826, 10 00 

George Washburn, for the year 1826, 8 00 

Alpheus White, for the year 1826, 10 00 

Court of Inquiry. 

Held at Taunton, March 7, 1826. 

Brig. Gen. Moses W hitney, President, 
Members, Col. Joseph Lane, 

Col. John F. Barton, 

Maj. Timothy G. Coffin, 

Capt. Javaniali S. Ford, 

Major Timothy G. Coffin, for cash paid contin- 
gent expenses, 

Witnesses, viz. William Snow, 
W. Haskins, 
S. Dean, 
G. Andrews, 
E. Crossman, 
G. B. Atwood, 
John Ba3^1ies, 
Nathl. Wilder, 
G. R. Wilbur, 
L. Wilbur, 
Benj. Dean, 
D. G. W. Cobb, 
Amos Allen, 
Rufus Carver, 
EHis Hall, 
Jonathan Wilbur, 
Warren Lincoln, 
Ira Britton, 
Amos Lincoln, 
Aaron Dean, 
Alna Bassett, 
John Oil more, 
Seth Britton, 
Thomas Lincoln, 



118 


10 


9 


50 


15 


00 


23 


00 


13 


00 


55 


58 


2 


32 


2 


64 


2 


40 


2 


24 


2 


00 


2 


00 


2 


00 


2 


88 


2 


48 


2 


40 


2 


08 


2 


00 


2 


40 


2 


08 


2 


24 


3 


84 


2 


48 


2 


40 


2 


40 


2 


32 


2 


36 


2 


80 


2 


40 


1 


90 



MILITARY ACCOUNTS. 541 

Albinus Wilbur, *2 48 

Edward M. Larcher, 1 50 

Henry Elliot, 2 00 

Ebenezer Gooding, 2 48 

Court Martial. 

Held at Middleborough, March 28, 1826. 

Col. Hercules Cushman, President, Sl\ 90 

Members, Col. Bartlett Murdock, 1 1 80 

Lt. Col. Benj. Wood, 12 50 

Maj. Joshua Nye, 18 00 

Maj. David Hathaway, 16 00 

Maj. Timothy G. Coffin, iVcting; Judge Advocate, 20 60 

Maj. Nathaniel Wilder, Marshal, 14 50 

Sergeant Josiah Tinkham, Orderly, . 7 50 

Maj. Timothy G. Coffin, Acting Judge Advo- 
cate, for sundry accounts, for stationary, 

postage, &c. 41 95 

Witnesses in Capt. Wilbur's case, viz. 

John Carver, 3 20 

Samuel Wilbur, jun. 3 44 

Ozias Hall, 3 44 

Otis Wilbur, 3 20 

George R. Wilbur, 3 44 

Libbeus Wilbur, 3 28 

Henry Perkins, 2 00 

Eli K. Washburn, 2 80 

Ellis B. Hall, 2 80 

William C. Deane, 3 04 

Daniel Gurney, 1 98 

John Baylies, 2 88 

Edward M. Larcher, 2 88 

George W. Deane, 2 88 

Ellis^Hall, 2 80 

Silas King, 2 48 

Ziba Wilber, 3 28 

George B. Atwood, 2 88 

Thomas C. Brown, 2 88 

William Snow, 2 88 



542 MILITARY ACCOUNTS. 



Jefferson Leonard, 


2 64 


Seth Deane, 


2 56 


Alvin Deane, 


2 56 


George Andrews, 


3 00 


Dan Wilmarth, jun. 


2 88 


George W. Morey, 


3 12 


James Paddleford, 


2 48 


Cromwell Washburn, 


2 48 


David G. W. Cobb, 


2 88 


Martin Hall, 


3 44 


Witnesses in Capt. Sampson's case : — 




Benjamin Wood, 


1 48 


Arad Thompson, 


1 48 


Daniel Briggs, 


62 


Ephraim Ward, 


98 


Witnesses in Lieut. Atwood's case : — 




David G. W. Cobb, 


3 38 


Cromwell Washburn, 


2 98 



aggregate ol ^o\\ Ko. 96. 

January, 1827. 

Expense of State Paupers, $33,944 12 

Printers and Miscellaneous Acc'ts, 7,810 93 
Coroners, 257 J 6 

Sheriffs, 240 18 

Military, 3,484 54 

Total, ;9!45,736 93 



RESOLVE. 543 

Resolved, That there be allowed and paid out of the 
Public Treasury, to the several Corporations and Persons 
mentioned in this Roll, the sums set against such Corpo- 
rations' and Persons' names, respectively, amounting in 
the whole to forty-five thousand seven hundred and thir- 
ty-six dollars and ninety-three cents, the same being in 
full discharge of the accounts and demands to which they 
refer. 

In Senate, March 3, 1827. — Read twice and passed. 
Sent down for concurrence. 

JOHN MILLS, President. 



House of Representatives, March 8, 1827. — Read twice, 
and passed in concurrence. 

WILLIAM C. JARVIS, Speaker. 



March 10, 1827. — Approved. 

LEVI LINCOLN. 



COMMONWEALTH OF MASSACHUSETTS. 



In Senate, January 25, 1827. 

Ordered, That the joint Report of the Commissioners, 
appointed to ascertain anil establish the Boundary Line be- 
tween this Commonwealth and the State of Connecticut, 
east of Connecticut River, be deposited and recorded in 
the Secretary's Office, and that the Secretary be directed 
to cause this Order, together with said Report, to be 
printed with the Resolves of the General Court. 

Sent down for concurrence, 

JOHN MILLS, President. 

House of Representatives, January 26, 1827. 
Concurred, 

WILLIAM C. JARVIS, Speaker. 



(SEAL.) 



Whereas by a Resolve of the General Assembly of the 
State of Connecticut, passed at their Session, held at Hart- 
ford, on the first Wednesday of May, in the year ot our 
Lord one thousand eight hundred and twenty-five, Eben- 
e/er Stoddard, Moses Warren, and Andrew T. Judson, 
■were appointed, and by His Excellency Oliver Wol- 
cott. Governor of said State of Connecticut, duly commis- 
sioned under the seal of said State, Commissioners on the 



MASSACHUSETTS & CONNECTICUT. 545 

part of said State of Connecticut, to ascertain the boundary 
line between the said State of Connecticut, and the Com- 
monwealth of Massachusetts, east of Connecticut River, 
so far as the same was in dispute, and meet such Com- 
missioners as miojht be ap])ointed, and vested with similar 
powers, by the Legislature of Massachusetts, and with 
them to ascertain tlie boundary line, and erect suitable 
monuments at such places, as they might deem necessary 
to jn event any future mistakes concerning the same. 

And whereas the Legislature of the Commonwealth of 
Massachusetts, by a Resolve approved on the eleventh day 
of June, in the year of our Lord one thousand eight hun- 
dred and twenty-five, authorized and requested His Ex 
cellency the Governor of said Commonwealth, with advice 
of Council, to nominate and appoint three suitable persons 
as Commissioners on the part of said Commonwealth, for 
ascertaining and establishing the boundary line between 
the same, and the State of Connecticut, east of Connecticut 
River, so far as the same was in dispute ; and further au- 
thorized and empowered the said Commissioners so to be 
appointed, to meet such Commissioners, as had been or 
might be appointed, and vested with similar powers for 
the aforesaid purpose by the Legislature of the State of 
Connecticut; and in conjunction with them to ascertain, 
run and mark, such boundary line, and erect durable mon- 
uments at such places, as they should think proper and 
effectual to prevent future mistakes and disputes respect- 
ing the same, which line when so ascertained, should for- 
ever afterwards be considered and held to be the just and 
true boundary line of jurisiliction, be; ween the said Com- 
monwealth, and the said State of Connecticut. And 
whereas His Excellency the Governor of said Common- 
wealth, in pursuance of said Resolve, did nominate, and 
by and with the advice of Council, appoint Elijah H.Mills, 
Leonard M. Parker, and John Mills, and duly commission 
them, under his hand and the seal of said Commonwealth, 
Commissioners for the purpose aforesaid ; 

Now therefore, be 't known and declared, that in pur- 
suance of the said Resolves, and invirtue of the powers with 
which we have been invested by our Governments respec- 
tively, we, the undersigned, Elijah H. Mills, Leonard M. 



546 MASSACHUSETTS & COIVNECTICUT. 

Parker, and John Mills, Commissioners on the part of the 
Commonwealth of Massachusetts, and we, Ebenezer Stod- 
ard, Moses Warren, and Andrew T. Judson, Commission- 
ers on the part of the State of Connecticut, having had 
various meetings and consultations, and by tlie aid of 
Epaphras Hoyt, Esq. Surveyor on the part of Massachu- 
setts, and Jonathan Nichols, Esq. Surveyor on the part 
of Connecticut, have run out and surveyed the following 
lines upon a parallel of latitude, to wit, commencing our 
survey at the north east corner of the State of Connec- 
ticut, being a large pile of stones, erected by the Commis- 
sioners of the respective Governments, in the year of our 
Lord one thousand seven hundred and thirty-four, thence 
running west, as nearly as could be asceitained, on the 
latitude of forty-two degrees and three minutes north, 
touching the north east corner of John Bates' house, (for- 
merly Nathaniel Brown's, to the west line of Woodstock, 
the whole distance being fifteen miles and one hundred 
and sixty-nine rods and fifteen links. Thence we run a 
course noith, three degrees west, by the true meridian, 
fifty-four rods and nineteen links, to an old pine tree the 
reputed northeast corner of Union. Thence we run west 
on the latitude of the said old pine tree, being north 
fifty-four rods of the said first line of latitude, to Connec- 
ticut River, which we struck two hundred and twenty-two 
rods north of the north west corner of Enfield, the whole 
distance from said old pine tree to the river, being twenty- 
five miles and one hundred and sixty-eight rods. We 
made careful admeasurements from the aforesaid lines of 
latitude to numerous reputed bounds and monuments, 
on each side of said lines, and collected all the evidence in 
our power, in relation to the old lir.e, established by 
Commissioners on the part of the two Colonies, in the 
year of our Lord one thousand seven hundred and thir- 
teen. And having run out said lines of latitude as afore- 
said, and compared the same with the ancient survey, 
monuments, and other evidence collected by us, of the line, 
run by the aforesaid Commissioners, in the year of our 
Lord one thousand seven hundred and thirteen, we found 
the said lines of latitude, to vary in sundry places 
therefrom. 



MASSACHUSETTS & CONNECTICUT. 547 

For the purpose therefore of conforming to said line of 
seventeen hundred and thirteen, as the true line of juris- 
diction, so far as the same could be ascertained by an- 
cient monutnents and long continued practical jurisdiction, 
we have surveyed, run out, ascertained and established, 
the boundary line hereinafter described, and have estab- 
lished the same, as the true line of jurisdiction between 
the Commonwealth of Massachusetts, and the State of 
Connecticut, east of Connecticut River ; and we have 
marked said line and erected suitable monuments thereon, 
in the places hereinafter mentioned, to prevent future 
mistakes and disputes, which said line, so ascertained and 
establisfied, is as follows, to wit : beginning at the aforesaid 
north east corner of Connecticut, where we erected a 
monument, and running west on the line of latitude first 
above mentioned, which line we herein <iesignate as the 
first line of latitude passing over tlie ancient heap of stones 
on Bald Hill, and touching the north east corner of John 
Bates' house, to the road leading from Thompson by the 
Merino Factory, called the Merino Road, where we erect- 
ed a monument. The distance between these two points, 
being one thousand seven hundred and two rods and four 
links, and in a range between these points, we erected five 
monuments, to wit : one on the Oxford Gore Road, so 
called ; one on the road leading from Thompson by Jolin 
Bates' to Oxford; one on the road leading from Thomp- 
son by Samuel Freeman's to Dudley; one on the road 
leading from Thompson by Joseph Bracket's to Dudley; 
and one on the road leading from Thompson by Eliaphas 
Perry's to Dudley. 

From the monument at the Merino Road, aforemention- 
ed, running in a direct line, passing over the ancient heap 
of stones at the north east corner of Woodstock, to the 
road leading from Muddy Brook, so called, by Penuel 
May's to Southbridge, where we erected a monument; 
the distance between these two points being one thousand 
three hundred and seventy-two rods and twenty links, and 
the distance north from the said first line of latitude to the 
last mentioned monument, being twenty-one rods and ten 
links, and in a range between these points, we enacted 
five monuments, to wit : one on the road leading from 
72 



548 MASSACHUSETTS k CONNECTICUT. 

Thompson by Richard Arnold's to Dudley ; one on the 
road leadinoj from Woodstock, by David Nichols's to Dud- 
ley ; one on the road leadina; from Barnes' to the Thomp- 
son Turnpike ; one on the Thompson Turnpike ; and one 
on the road leading from Muddy Brook, so called, by 
Samuel Thompson's to South bridge. 

From the monument at the road leading by Penuel 
May's aforementioned, rumiing in a direct line to the 
Norwich and Woodstock Turnpike, where we erected 
a monument; the distance between these two points, being 
three hundred and sixty rods and five links, and the dis- 
tance north from said first line of latitude to the last men- 
tioned monument, being twenty rods and five links. 

From the monument at the Norwich and Woodstock 
Turnpike aforementioned, running in a direct line to the 
road leading from West Woodstock, by Abel Mason's to 
Southbridge, where we erected a monument; the distance 
between these two points being nine hundred, fifty-four 
rods and eighteen links, and the distance north from said 
first line of latitude to the last mentioned monument, be- 
ing ten rods and twenty-two links, and in a range between 
these points, we erected two monuments, to wit: one on 
the Lebanon Hill Road, so called; and one on the road 
leading from West Woodstock, by Nathan Brown's to 
Southbridge, 

From the monument at the road leading by Abel Ma- 
son's aforementioned, running in a direct line and passing, 
twenty-four rods and eighteen links, south of the afore- 
said Old Pine Tree, the reputed north east corner of 
Union, to the road leading from Union by Asher Badger's, 
to Holland, where we erected a monument ; the distance 
between these two points being one thousand two hun- 
dred and forty-seven rods, and the distance south from the 
latitude of the said Old Pine Tree, which we herein de- 
signate as the second line of latitude, being two rods 
fourteen and three fourths links to the last mentioned 
monument, and in a range between these points, we erect- 
ed three monuments, to wit: one on the road leading from 
West Woodstock, by Benjamin Chamberlain's to South- 
bridge, called the Crawford Road ; one on the road lead- 
ing from West Woodstock, to the south west part of Stur- 



MASSACHUSETTS & CONNECTICUT. MO 

bridp;e5 called the Break Neck Road ; and one on the road 
leading from Union, by Badger's Mills to StiH'bridg(>. 

From the monument at the road leading by Asher 
Badger's aforementioned, running in a direct line, passing 
over the ancient heaj) of stones at ihe north east corner 
of Stafford to the turnpike from flartford, through Stafford 
and Holland to Worcester, where we erected a monu- 
ment ; t!ie distance between these two points, being one 
thousand one hundred and twenty-seven rods, and the 
distance south from the said second line ol latitude to the 
last mentioned monument, being six rods twenty-three 
and a half links, and in a range between these points, we 
erected three monuments, to wit : one on the road leadins; 
from Union, by John Moore's to Holland, called the Old 
Road ; one on the road leading from the east part of Union 
by William Eaton's to Holland; and one on the road lead- 
ing from Union, by Joseph Town's to South Brimfield. 

From the monument at the turnpike leading from Hart- 
ford, through Stafford and Hoi! and to Worcester, afore- 
mentioned, running in a direct line to an Old White Oak 
Tree, being an ancient bound on t'le west side of the 
road leading from Stafford, by Robert Andros to South 
Brimfield, where we erected a monument ; the distance 
between these two points, being four hundred and sixty- 
seven rods, and the distance south from the said second 
line of latitude to the last mentioned monument, being 
one rod and two links, and in a range between these points, 
we erected one monument, to wit : on the road leading 
from Stafford, by Liniis Davidson's to South Brimfield. 

Fr'»m the monument at the Old White Oak aforemen- 
tioned, running in a direct line passing over the ancient 
heap of stones on East Hill to the road leading from Stafford 
by Henry Cady's to Monson, where we erected a monu- 
ment ; the distance between these two points being one 
thousand six hundred and fifteen rods, and the distance 
south from the said second line of latitude to the last 
mentioned monument, being sixteen rods and fifteen links, 
and in a range between these points, we erected four 
monuments, to wit : one on the road leading from Stafford 
by Ezra Tupper's to Monson, one on the road leading 
from Stafford bv Ebenezer Thrasher's to Monson, one on 



550 MASSACHUSETl S & CONNECTICUT. 

the road leading by Hufus Leonard's called the Village 
Street Road, and one on the Turnpike leading from Nor- 
wich to Monson. 

From the monument at the road leading by Henry 
Cady's aforementioned, running in a direct line passing 
over the stone on a high ledge, being an ancient bound 
on East Mountain to the road leading by Jedidiah Cady's, 
called the Tray Road, where' we erected a monument; the 
distance between these two pc ints being two hundred 
and fifty-six rods, and the distance south from the said 
second line of latitude to the last mentioned monument 
being twelve rods and twelve links, and in a range between 
these points we erected one monument, to wit : on the 
road leading from Stafford by Asa Converse to Monson. 

From the monument at the Tray Road aforementioiied, 
running in a direct line to the road leading from Stafford 
by Seth Sheldon's to South Wilbrahan), where we erect- 
ed a monument ; the distance between these two points 
being six hundred and twenty rods, and the distance south 
from the said second line of latitude to the last mentioned 
monument being fourteen rods and seven links, and in a 
range between these points we erected two monuments, 
to wit ; one on the road leading from vStafford by John 
Cady's to South Wilbraham, and one on the road leading 
from Somers by Aaron Chapin's to Monson. 

From the monument on the road leading by Seth Shel- 
don's aforementioned, running in a direct line, passing 
over the ancient heap of stones, at the east foot of West 
Mountain, being the northwest corner of wStaffbrd, and 
touching the northeast corner of Calvin Kibbee's house, 
to the road leading from Somers, by Walter Ainsworth's 
to Springfield, where we erected a monument ; the dis- 
tance between these two points being one thousand and 
sixty-six lods, and the distance north from the said 
second line of latitude to the last mentioned monument 
being four rods and one link, and in a range between 
these points, we erected two monuments, to wit: one on 
the road leading from Somers, west of David Cady's to 
South Wilbraham, and one on the road leading from 
Somers by Amariah Kibbee's to Wilbraham. 

From the monument at the road leading by Walter 



MASSACHUSETTS & CONNECTICUT. 551 

Ainsworth's aforementioned, running in a direct line to 
the road leading from Somers by Abel Pease's to Spring- 
field, where we erected a monument ; the distance be- 
tween these two points being five hundred and twenty- 
thiee rods, and the distance south from the said second 
line of latitude to the last mentioned monument being six 
rods and twelve links, and in a range between these points 
we erected one monument, to wit : on the road lea dng 
from the east part of Enfield by Crocker Waterhouse's to 
Springfield 

From the monument at the road leading by Abel 
Pease's aforementioned, running due west, until the line 
so run intersects the ancient line between Springfield, 
(now Longmeadow,) and Enfield, where we erected a 
monument ; the distance between these two points being 
six hundred and forty-five rods, and in a range between 
these points we erected one monument, to wit : on the road 
leading from the Shaker Village to Springfield. 

From the monument at the point of intersection afore- 
mentioned, running south eight}' degrees and thirty min- 
utes west, by the true meridian, following the said old 
Springfield line, to an old oak stump, where we erected 
a monument; the distance between these two points be- 
ing six hundred and eighty-five rods, and in a range be- 
tween these points, we erected one monument, to wit : 
on the road leading from the Shaker Village to Long- 
meadow. 

From the monument at the old oak stump aforemen- 
tioned running south fifty-one degrees and thirty minutes 
.■)ivest, by the true meridian, to an old pine stump, where 
we erected a monument, the distance between these two 
points being one hundred and sixty-four rods and eigh- 
teen links. 

From the monument at the old pine stump aforemen- 
tioned, running a due west line to Connecticut River ; 
high up on the bank, about twelve rods from the shore, 
we erected a monument ; the distance between these two 
monuments being three hundred and forty-nine rods and 
fifteen links, and between these two monuments we erect- 
ed one monument, to wit : on the road leading from^Enfield 
through Longmeadow to Springfield. 



552 MASSACHUSETTS & CONNECTICUT. 

The whole number of monuments erected by us as 
aforementioned, is forty-nine, all of which are single 
stones, part of them the grey granite, to wit; from the 
northeast corner of Connecticut afores id, to the Village 
Street Road ; and the residue to the river, the red sand 
stone, from five and a half to six feet in length, from ten 
to twelve inches in breadth, and from six to eight inches 
in thickness, sunk two and a half feet in the ground, 
and marked M on the north side, and C on the south side. 
All of them are erected on the east sides of the roads, except 
three, to wit : the one on the Lebanon Hill Road, which 
is west of the travelled path, the one on the road leading 
from Union by John Moore's to Holland, called the old 
road, which is on the west si le, and the one on the road 
leading from Stafford by Robert Andres's to South Brim- 
field, which is close on the west side of the old white oak. 

We have also ascertained and established the east line 
of the said State of Connecticut, so far as the same bounds 
on IMassachusetts, as follows, to wit: Beginning a^ the 
monument erected rt the northeast corner of said State of 
Connecticut, and running in a direct line to the ancient 
heap of stones on the north side of tlie turnpike leading 
from Hartford to Boston, through Thompson and Doug- 
lass, where weerected a monument ; and thence running 
in a direct line to the northwest corner of the State of 
Rhode-Island. 

And we have caused the said survey and boundary 
line to be correctly delineated and laid down, on duplicate 
plans, or surveys, made by the said Ho) t and Nichols, and 
returned herewith, signed by them, and authenticated by 
us, and hereby referred to, as a part of our proceedings ; 
which said 1 ne, so marked, and herein described by mon- 
uments as aforesaid, we have ascertained, confirmed, and 
established, and do hereb}' ascertain, confirm, and estab- 
lish, as the just and true boundary line of jurisdiction 
between the Commonwealth of Massachusetts and the 
State of Connecticut, east of Connecticut River: — It 
being understood and agreed, that the establishment of 
said jurisdictional line is in no respect to affect or vary the 
titles to lands on or near said line, but th<j same arc to be 



MASSACHUSETTS & CONNECTICUT. 553 

holden and remain as if the said jurisdictional line had not 
been established. 

In faith and credit of all which, we the said Commis- 
sioners, respectively, have to this instrument and a dupli- 
cate thereof, interchangeably, set our liands and affixed 
our seals, at Southbridge^ in Massachusetts, this third day 
of November, in the year of our Lord one thousand eight 
hundred and twenty-six, and of the Independence of the 
United States of America the fifty-first. 

Ebenezer Stoddard, l. s. Elijah H. Mills, l. s. 
Moses Warren. l. s. L. M. Parker. l. s. 

Andrew T. Judson. l. s. John Mills. l. s. 



eommonUieaun of JHaisiis^acHui^ettfiJ* 



SECRETARY'S OFFICE, MAY 9, 1827. 

I CERTIFY, that I have compared the Resolves, &c. 
printed in this pamphlet, with the originals, passed by 
the Legislature, at their session in January, February, 
and March last, and that they appear to be correct, ex- 
cept that in the Jirst line of page 453, the word access 
should read excess- 

EDWARD D. BANGS, 

Secretary of the Commonwealth. 



CIYILi GOVERNMENT 

OF THE 

atommon^talt^ of M^^^^^^^tttn. 

FOR THE POLITICAL YEAR 1827...8. 



HIS EXCELLENCY 



LEVI LINCOLN, ESaUIRE, 



GOVERXrOR.: 



HIS HONOR 



THOMAS L. WINTHROP, ESQ. 

XiIETTTElTAlTT GOVERITOR. 



COUNCIL.. 

HON. NATHAN CHANDLER, 
" EDMUND CUSHING, 
JACOB HALL, 
JOHN ENDICOTT, 
AARON HOBART, 
EZRA MUDGE, 
JOSHUA DANFORTH, 
LEVI LYMAN, 
RUFUS BACON. 



ED^VARD D. BANGS, ESaUIRE, 

Secretary of the Commonivcallh . 

JOSEPH SE^VAI.L, ESaUIRE, 

Treasurer and Receiver General of the Commonwealth. 



SENATE. 



HONORABLE JOHN MIIX8, 

PRESIDENT. 



SUFFOLK DISTRICT. 
Hon. Francis C. Gray, Hon. Jonathan Phillips, 

Nathaniel P. Russell, Thomas Welch, jun. 

William Sturgis, Caleb Loring. 

ESSEX DISTRICT. 

Hon. John Prince, Hon. Israel Trask, 

Asa T. Newhall, John Merrill, 

Amos Spaulding, Gideon Barstow. 

MIDDLESEX DISTRICT. 
Hon. Leonard M. Parker, Hon. Luke Fiske, 

John Keyes, Benjamin F. Varnum. 

Abel Jewett, 

PLYMOUTH DISTRICT. 

Hon. Peter H. Pierce, Hon. Seth Sprague, jr. 

NORFOLK DISTRICT. 
Hon. William Ellis, Hon. Christopher Webb. 

Henry Gardner, 



SENATE. 659 

BRISTOL DISTRICT. 
Hon, William Wood, Hon. Howard Lothrop. 

Lemuel Williams, jun. -^"^ 

WORCESTER DISTRICT. 
Hon. Aaron Tufts, Hon. John W. Lincoln, 

Joseph G. Kendall, Joseph Davis. 

Joseph Bowman, 

HAMPSHIRE DISTRICT. 
Hon. Israel BiUings, Hon. Charles P. Phelps. 

HAMPDEN DISTRICT. 
Hon. John Mills, Hon. Jonathan D wight, jun. 

FRANKLIN DISTRICT. 
Hon. Elihu Hoyt, Hon. Thomas Longley. 

BERKSHIRE DISTRICT. 
Hon. Peter Briggs, Hon. Joseph B. Hill. 

BARNSTABLE DISTRICT. 
Hon. Nymphas Marston. 

NANTUCKET DISTRICT. 
Hon. Barker Burnell. 



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



HOUSE OF REPRESENTATIVES' 



HON. WILLIAM C. JARVIS, 



SPEAKER. 





COUNTY OF SUFFOLK. 


Boston, 


Nathan Appleton, 




Samuel Austin, Jr. 




.John B. Davis, 




Francis Jackson, 




Thosnas Kendall, 




James C. Merrill, 




Samuel Perkins, 




James Savage. 


Chelsea, 


Joseph Stowei*s. 




COUNTY OF ESSEX. 


Ameshury, 


Stephen Sargent, 


Andover, 


William Johnson, Jr. 


Beverly, 


Henry Larcom, 




Thomas Stephens, Jr 




William Thorndike, 


Boxford, 


Solomon Low, 


Bradford, 


Daniel Stickney, 


Danvers, 


Rufus Choate, 




Jonathan Shove, 


Essex, 


Jonathan Story, 


Gloucester, 


Elias Davison, 




Samuel Stevens. 


Hamilton. 


Azor Brown, 



HOUSE OF REPRESENTATIVES. 



561 



Haverhill, 

Ipswich, 

Lynn, 
Lynnfield, 
Manchester, 
Marhlehead, 



Methuen, 

Middleton, 

Newhury, 



Newhuryport, 

Rowley, 
Salem. 



Salisbury. 
Saugus, 
Topsfield, 
Wenham, 
West Newhury, 



James H. Duncan, 
Moses Wingate, 
John Choate, 
Ammi R. Smith. 
John Lovejoy, 
Josiah Newhall, 

WilHam B. Adams. 
Wilham Hawkes, 
JBenjamin Knight, 
John Russ, 

Daniel Adams, 
Ebenezer Hale, 
Moses Little, 
William Faris, 
Stephen W. Marston, 
Samuel Pickard, 
Benjamin Crowninshield, 
John Derby, Jun. 
Frederick Howes, 
Asahel Huntington, 
Warwick Palfray, Jun. 
Joseph A. Peabody, 
Stephen C. Phillips, 
David Putnam, 
Richard S. Rogers, 
Leverett Saltonstall, 
Solomon S. Whipple, 
Dudley Evans, 
William Jackson, 
Jacob Tovvne, Jun. 
John T. Dodge, 
Daniel Emerv. 



562 



HOUSE OF REPRESENTATIVES. 



COUNTY OF MIDDLESEX. 


Acton, 


Francis Tuttle, 


Ashby, 


Ezekiel L. Bascom, 


Bedford, 


William Webber, 


Billerica, 


John Baldwin, 


Brighton, 


Francis Winship, 


Burlington, 




Cambridge, 


Ephraim Buttrick, 




Timothy Fuller, 




WilUam Hilliard, 




Royal Makepeace, 


Carlisle, 


John Heald, 


Charlestown, 


William Austin, 




Thomas I. Goodwin, 




John Harris, 




Josiah Harris, 




Wilham C. Jarvis, 




Philemon R. Russell, 




Benjamin Whipple, 


Chelmsford, 


Joel Adams, 


Concordf 


Reuben Brown, Jun. 




Samuel Burr, 


Dracut, 


Charles Bodwell, 


Dunstable, 




East Sudbury, 




Framingham, 


Josiah Adams, 




Luther Belknap, 


Groton, 


Samuel Dana, 


Holliston, 


Elihu Cutler, 


Hopkinton, 


Thomas Bucjj^lin, 




Nathan Phipps, 


Lexington, 


Samuel Fiske, 


Lincoln, 


Silas P. TarbelK 


Littleton, 





HOUSE OF REPRESENTATIVES. 



563 



Loivell, 
Maiden, 
Marlborough, 
Medford, 

Natick, 

Newton, 

Pepperell, 

Reading, 

Sherburne, 

Shirley, 

South Reading, 

Stoneham, 

Stow and Boxborough, 

Sudbury, 

Tewksbury, 

Toivnsend, 

Tyngsborough, 

Waltham, 

Watertown, 

West Cambridge, 

Westford, 

Weston, 

Wilmington, 

Woburn, 



Nathaniel Wright, 
Edward Wade, 
Daniel Stevens, 
John B. Fitch, 
Turell Tufts, 

John Kenrick, 
WilHam Buttrick, 
James Lewis, Jr. 
Joshua Prescott, 
Joshua Putnam, 
Amos Clark, 
Adolphus Whitcomb, 
Thomas Emerson, Jr. 

Elijah Hale, 
Abel Wheeler, 
Hermon Marshall, 
Aaron Warren, 
Daniel Richardson, 
Isaac Bemis, 
David Townsend, 
Nathaniel Bright, 
Thomas Russell, 
Jesse Minot, 
Alpheus Bigelow, Jr. 

Joseph Gardner, 
John Wade. 



COUNTY OF WORCESTER. 



Ashburnham, 

Athol, 

Barre, 



Ebenezer Chaplin, 
Gardner Ruggles. 



74 



564 



HOUSE OF REPRESENTATIVES. 



Berlin, 




Bolton, 


Silas Holman, 


Boylston, 


Ward Cotton, 


Brookfieldf 


John Homans, 




Ebenezer Merriam, 


Charlton, 




Dana, 


Nathaniel Wilhams, 


Douglas, 


Amos Humes, 


Dudley, 


John Eddy, 


Fitchburg, 


Francis Perkins, 




Joseph Simonds, 


Gardner, 


Smyrna Glazier, 


Grafton, 


Harry Wood, 


Hardicick, 


Samuel Billings, 


Harvard, 




Holden, 




Huhhardston, 


Henry Prentiss, 


Lancaster, 


Davis Whitman, 




Joseph Willard, 


Leicester, 


Emory Washburn, 


Leominster, 


Joel Crosby, 




David Wilder, 


Lunenburg, 




Mendon, 


Daniel Thurber, 


Milford, 


Samuel L. Scammell, 


Millbury, 


Aaron Pierce, 


]Sew Braintree, 




Northborough, 


Jonas Bartlett, 


Northbridge, 




North Brookjield, 


Eli Forbes, 


Oakham, 


Washington Allen, 


Oxford, 


Jonathan Davis, 


Paxton, 




Petersham, 


Cyrus Wadsworth, 



HOUSE OF REPRESENTATIVES. 



565 



Phillip ston^ 

Princeton, 

Roi/alsto7i, 

Rutland, 

Shrewsbury, 

Southborough, 

Souihbridge. 

Spencer, 

Sterling, 

Sturbridge, 

Sutton, 

Templeton, 

Upton, 

Uxbridge, 

Ward, 

Westborough, 

West Boylston, 

Western, 

Westminster, 

Winchendon, 

Worcester, 



Joseph Knowlton, 
Charles Russell, 
Riifus Bullock, 
Roland Wheeler, 
Nymphas Pratt, 
Jacob Rice, 
Perley Whipple, 
Ebenezer D. Ammidown, 
William Pope, 
Jonathan Wilder, 
Amasa Child, 
Jonas Sibley, 
Josiah Howe, 
Ezra Wood, 
Joseph Thayer, 

Phineas Gleason, 
Joseph Hinds, 
Isaac Patrick, 
Simeon Sanderson, 
Reuben Hyde, 
Otis Corbet, 
William Eaton, 
Pliny Merrick. 



COUNTY OF HAMPSHIRE. 

Amherst, Chester Dickinson, 

Samuel F. Dickinson, 
Belchertown, Joseph Bridgman, 

Myron Lawrence, 
Chesterfield, Alvan Rice, 

Cummington, Amos Cobb, 

Easthampton. John Ludden, 

Enfield, Ephraim Richards, 



566 



HOUSE OF REPRESENTATIVES. 



Granhy, 

Goshen^ 

Greenwich., 

Hadley, 

Hatfield, 

Jj^iddlejield, 

Northampton, 



Nonvichy 

Pelham, 

Plainfield, 

Prescott, 

South Hampton, 

South Hadley, 

Ware, 

West Hampton, 

Williamsburg, 

Worthington, 

COUNTY OF 

Blandfordj, 

Brimjield, 

Chester, 

Granville, 

Holland and South Brimjield, 

Longmeadow, 

Ludloiv, 

Monson, 

Montgomery, 

Palmer, 

Russell, 



Enos Smith, 
Ambrose Stone, 
Laban Marcy, 
Giles C. Kellogg, 
Oliver Smith, 

Chauncey Clark, 
Thomas Shepherd, 
Elisha Strong, 
John Taylor, 
Samuel Kirkland, 
Ezra Brown, 
Elijah Warner, 

Luther Edwards, Jr. 
Joel Hayes, Jr. 
Aaron Gould, 
Joseph Kingsley, Jr. 
Elisha Hubbard, Jr. 
Elisha Mack. 

HAMPDEN. 
Reuben Boies, Jr. 
Lewis Williams, 
Isaac Whipple, 
Jonathan B. Bancroft, 
Bela Tiffany, 
Seth Taylor, 
Eli Fuller, 
Benjamin Fuller, 



John Gould. 



HOUSE OF REPRESENTATIVES. 



567 



Southwick, 


Thaddeus Foote, 


Springfield, 


Joseph M. Forward, 
George Bliss, Jr. 
William B. Calhoun, 




William Child, 




WiUiam H. Foster- 




Jesse Pendleton, 




David Rice, 




Simon Sanborn, 


Tolland, 


Henry Bliss, 


West Springfield, 


Alfred Flower, 
James Kent, 




John Street, 




Normand Warriner, 


Wilbraham, 


*• Abel Bliss, 




Robert Sessions, 


Westfield, 


Charles Douglas, 
Matthew Ives, 




Aaron Sibley. 


COUNTY OF FRANKLIN. 


Ashfield, 
Bernardston, 


Henry Basset, 
John Brooks, 


Bnckland, 
Charlemont, 


Joseph Griswold, 
Asahel Judd, 


Coleraine, 

Conway, 

Deerfield, 


Charles Thompson, 
John Arms, 
Rufus Saxton, 


Gill, 


Seth S. Howland, 


Greenfield, 

Hawley, 

Heath, 


Thomas Gilbert, 
John Tobey, 


Leverett, 


Roswell Field, 


Leyden, 


George Mowry, 



568 



HOUSE OF REPRESENTATIVES. 



Montague, 


Jonathan Hartwell, 


Neiv Salern^ 




Northfield, 


Richard CoUon, 


Orange, 


Thomas Cobb, 


Monroe, 




Rowe, 




Shelburne, 


William Wells, 


Shutesbury, 


John Conkey, 


Sunderland, 


Horace W. Taft, 


Warwick, 


Caleb Mayo, 


Wendell, 




Whately, 




Erving^s Grant, 




COUNTY 


OF BERKSHIRE. 


Adams, 


James Mason, 




Nathan Putnam, 


Alford, 


Daniel Barrett, 


Becket, 


Benjamin C. Perkins, 


Cheshire, 


Joshua Mason, 


Clarksburg, 


. 


Dalton, 


Grenville D. Weston, 


Egremont, 


Uriah Sornborger, 


Florida, 




■ Great Barrington, 


Isaac L. Vandeusen, 


Hancock, 


John Whitney, 


Hinsdale, 




Lanesborough , 


Henry Shaw, 


Lee, 


Charles M. Owen, 


Lenox, 


Daniel Williams, 




Charles Worthington, 


Mount Washington, 




New Ashford, 




New Marlborough, 


Edward Stevens, 



HOUSE OF REPRESENTATIVES. 



569 



Otis, 


Lester Filley, 


Peru, 




Pittsfield, 


Daniel B. Bush, 




Henry H. Childs, 




Matthias R. Lanckton, 




Thomas B. Strong, 


Richmond, 


Linus Hall, 


Sandisfield, 


Uriel Smith, 


Savoy, 




Sheffield, 


Edward F. Ensign, 




Jeremiah Shears, 


Stockbridge, 


Theodore Sedgwick, 


Tyringham, 


Silas Rewee, 


Washington, 


Philip Fames, 


West Stockbridge, 


Melancton Lewis, 


Williamstoivn, 


Keyes Danforth, 




LymanHubbell, 


Windsor, 


Asa Hall. 


COUNTY OF NORFOLK. 


Bellingham, 


John C. Scammel, 


Braintree, 


Minot Thayer, 


Brookline, 


John Robinson, 


Canton, 


Thomas French, 


Cohasset, 


James C. Doane, 


Dedham, 


Richard Ellis, 




Horace Mann, 


Dorchester, 


Nathaniel Minot, 


Foxborough, 


Seth Boyden, 


Franklin, 


Nathaniel Miller, 


Medjield and Dover, 


William Felt, 


Milton, 


Francis Davenport, 


Medway, 


Warren Lovering, 


Needham, 


Aaron Smith, 



570 HOUSE OF REPRESENTATIVES. 



Quinaj, 


John Whitney, 


Randolph^ 


Seth Mann, 


Roxbiiry, 


Charles Davis, 




Isaac Davis, - 




David S. Greenough, 




Samuel Guild, 




Adam Smith, 


Sharon, 




Stoughton, 




Walpole, 


Joseph Hawes, 


Weymouth, 


Nathaniel Blanchard, 


Wrentham, 


Ebenezer Blake. 




COUNTY OF BRISTOL. 


Attleborough, 


Elkanah Briggs, 




George Ellis, 




Abiathar Richardson, Jr 


Berkley, 


John Dillingham, 


Dartmouth, 


Cornehus Grinnell, Jr, 


Dighton, 


Ephraim A. Hathaway, 




Nathaniel Wheeler, 


Easton, 


Elijah Howard, Jr. 


Fairhaven^ 


James Taber, 




Joseph Tripp, 


Freetown, 


Job Morton, 




Gilbert Rounseville, 


Mansfield, 




New Bedford, 


Thomas A. Greene, 




John A. Parker, 


Norton, 


Laban M. Wheaton, 


Raynham, 


Amos Hall, 


Rehoboth, 


Joseph Nichols, 


Seekonk, 


Robert Daggett, 


Somerset, 


Wheaton Luther, 



HOUSE OF REPRESENTATIVES. 



671 



Sivansey, 


John Buffington, 




Daniel Hale, 


Taunton, 


Francis Baylies, 




Jones Godfrey, 




Abiathar Leonard, 




Ichabod Lincoln, 




Allen Presbrey, 


Troy, 


Joseph Hathaway, 


TVestport. 


Tillinghast Almy, 




Nathan C. Brownell 


COUNTY OF PLYMOUTH. 


Abington, 


Jared Whitman, 


Bridgewater, 


Artemas Hale, 


Carver, 


John Savary, 


Duxhury, 


Phineas Sprague. 


East Bridgewater, 




Halifax, 




Hanover, 


Robert Eells, 


Hingham, 


Benjamin Thomas, 


Hanson, 




Hull, 




Kingston, 


Thomas P. Beal, 


Marshfield, 




North Bridgewater, 




Middlehorough , 


William Nelson, 


Pembroke, 


Anthony Collamore, 


Plympton, 




Plymouth, 


Josiah Robbins, 


Rochester, 


Charles I. Holmes, 


Scituate, 


Samuel Deane, 




Jesse Dunbar, Jr. 


Wareham, 


Ichabod Leonard, 


West Bridgewater, 


John E. Howard. 



76 



572 



HOUSE OF REPRESENTATIVES. 



COUNTY OF 



Barnstable, 

Brewster, 

Chatham^ 

Dennis., 

Easthatn, 

Falmouth, 

Harwich, ' 

Orleans, 

Provincetown, 

Sayidwich, 

Truro, 

Wellfleet, 

Yarmouth^ 



Chilmark, 

Edgartown, 

Tishury, 



BARNSTABLE. 

Jabez Howland, 
William Lewis, 
Benjamin Berry, 
Richard Sears, Jr. 
Oren Howes, 
Samuel Freeman. 
Thomas Fish, 
Elijah Swift, 
James Long, 
Greenleaf S. Pratt, 
John Doane, 
David Rider, 
Benjamin Burgess, 
James Small, 
Josiah Whitman. 
James Crowell, 
Joseph Eldridge. 



DUKES COUNTY. 



Daniel Fellows, Jr. 



Nantucket, 



COUNTY OF NANTUCKET. 

Hezekiah Barnard. 



Pelham W. Warren, Clerk, 
Rev. George Ripley, Chaplain. 



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



/; 



RESOLVES 

OP 

THE GENERAL COURT 

OP THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

WHICH COMMENCED ON WEDNESDAY, THE THIRTIETH OP MAY, AND ENDED 

ON SATURDAY, THE SIXTEENTH OF JUNE, ONE THOUSAND EIGHT 

HUNDRED AND TWENTY-SEVEN. 

GOVERNOR'S SPEECH. 

Representatives' Chamber, June 6, 1827. 
At 12 o'clock^ noon, agreeably to assignment, the two Houses 
assembled in Convention, when His Excellency the Go- 
vernor came in, preceded by the Sheriff of Suffolk, and 
attended by His Honor the Lieutenant Governor, the Ho- 
norable Council, arid the Secretary of the Commonwealth, 
and delivered the following 



SPEECH; 



Gentlemen of the Senate, and 

Gentlemen of the House of Representatives ; 

Again called, by the voluntary and unsolicited suffrages 
of my fellow-citizens, to the honors and duties of the first 
Executive Office in the Commonwealth, it is from a dictate 
alike of propriety and of feeling, that I present myself before 
the immediate Representatives of my Constituents, to ex- 



574 GOVERINOR'S SPEECH. 

press my profound sense of this high distinction, and re- 
newedly to pledge the best powers of my understanding, 
to be exercised with devoted diligence, and impartiality, 
in their service. Under ordinary circumstances of popu- 
lar election, the obligation imposed by the confidence of a 
free and intelligent people, creates a responsibility, which 
can only be discharged by the most faithful and successful 
exertions for the promotion of the common good. But 
when an appeal has been made to public opinion in vindi- 
cation of honest intentions, and for justification of former 
measures of official conduct, a decided manifestation of 
continued support is an added weight of personal gratitude, 
which will remain unrelieved after the highest efforts of 
duty and of service shall have been performed. It is with 
such sentiments and feelings that I now stand before you, 
claiming nothing of merit for the past, but deeply con- 
scious of the indulgence with which it has been regarded, 
and only solicitous, for the future, acceptably to co-operate 
with you, in endeavours for the advancement of those 
great purposes of public interest and general prosperity, 
for which our ropubhcan form of government was origin- 
ally instituted, and we, individually, in our respective sta- 
tions, through the ensuing political year, are delegated to 
participate in administering it. 

On every occasion of the convention and organization 
of the diflerent branches of the government, custom has 
required from the Executive a formal communication to 
the Legislature. The relation subsisting between the de- 
partments, especially in the exercise of that part of official 
duty, which respects the enactment of laws, gives to this 
intercourse a peculiar fitness, and its continued observance 
v/ill ever be looked to with expectation and interest. It is 
the appropriate season, in which the Executive may speak 
of the policy and effect of existing arrangements in the 



GOVERNOR'S SPEECH. 576 

administration of the government, and may be permitted 
to discharge that portion of accountabihty which is due to 
the people, in the fair and independent exposition of opi- 
nions which are to be the rule of political conduct, and 
of public measures and ends which are proposed for 
future prosecution and attainment. I have heretofore 
sought, with frankness and sincerity, to improve these op- 
portunities ; and the principles which have been avowed, 
and the professions which have been offered, on former 
occasions:, are with my fellow citizens, and may now, I 
ivust 'Vithout the necessity of minute repetition, be re- 
ferred to your recollection and consideration. They con- 
sist, briefly, in the conviction of duty, and a personal de- 
sire to improve the capacities of country, by the develope- 
ment of natural resources, and by the aid of artificial faci- 
lities to inter-communication ; — to encourage Agriculture, 
by increasing the demand and multiplying markets for its 
produce ; — to advance Manufactures, by substituting a 
home consumption of their fabrics for a dependence upon 
foreign importation ; to create new supplies for Commerce, 
by an augmented product of commodities from our own 
soil and work-shops, Avhich shall earn to us a balance of 
profit in the traffic with nations ; — to foster the interests of 
Learning, and to extend and elevate the character and 
value of instruction in the common schools, by an improv- 
ed course of practical education ; — to strengthen the phy- 
sical force of the country, by imparting vigour and effi- 
ciency to the MiUtia, and relieving from useless and un- 
necessary burdens those who are subject to its duties ; to 
guard the rights and sovereignty of the State from en- 
croachment, either direct or constructive : and to cherish 
the principles of the National Confederacy, by a constant 
reference to the charter of the constitution, and by a vigi- 
lant observance of the measures of those who are called to 



576 GOVERNOR'S SPEECH. 

administer it, with an unprejudiced, patriotic, and undeviat- 
ing purpose to sustain them in the faithful discharge of of- 
fice, and to sacrifice nothing of pubHc virtue to the grati- 
fication of party, or to local or selfish considerations. In 
this summary of obligations I shall continue to recognize 
the governing rules of official action, so far as the im- 
perfect perceptions of duty and the weakness of human re- 
solution will permit. 

In addition to the usual subjects of Legislative arrange- 
ment in the organization of the government, there are 
those of peculiar prominence, in public concern, w\v\ch 
will present themselves to your earliest attention. It .'m- 
peratively devolves upon the Legislature, at the present 
session, to supply the vacancy which exists in the repre- 
sentation of this Commonwealth in the Senate of the Unit- 
ed States. Estimating, as we now do, the merits and qua- 
lifications of those who are charged with the administration 
of the National Government, and approving the genei'al 
course of their policy, the propriety of giving them hearty 
and efficient aid will not be questioned. It is indeed the 
stern duty of republicans to examine with a severe and 
jealous scrutiny the conduct of men in power ; but there 
can be nothing of the spirit of republicanism, in withhold- 
ing support from an administration, the measures of which 
are salutary and satisfactory, merely lest those who com- 
pose it, might, otherwise, become recommended as candi- 
dates for future expressions of the well deserved confi- 
dence of their Fellow Citizens. Sure I am, that the Re- 
presentatives of the republican people of this Common- 
wealth will never yield to the pernicious influence of such 
a motive. Regardful only, of the peace, the honor, and 
the prosperity of the Nation, they will be regardless of 
men, except in connexion with these objects. Adopting 
the best directory to correct human opinion, i7i knoioing 



GOVERNOR'S SPEECH. 677 

the Tree by its Fruits, and applying the elevated and noble 
sentiment of one, who, although himself an unsuccessful 
competitor for the highest station, was first to propose, 
that this administration should be judged by the character 
of their measures, they will see, in the public servants, but 
responsible agents, entitled to a support in the constitu- 
tional tenure of their office, proportionate to the fidelity, 
ability and success, with which they acquit themselves in 
the public service. 

A Resolve, passed by the last Legislature, authorizing 
the appointment of Commissioners, to constitute a Board 
of Internal Improvement, " whose duty it shall be, to at- 
tend to the examination of such routes for Canals and 
Railways, as the Legislature may from time to time direct, 
and, generally, to make all such surveys and examinations, 
as may be necessary, to determine if the same be expedi- 
ent and practicable, and further to make accurate esti- 
mates of the probable expense, accompanied with accu- 
rate and systematic plans of said Routes," has necessarily 
remained unexecuted. From the language of the Resolve, 
it was manifest that the Legislature contemplated the 
performance of difficult and responsible duties, requiring 
the exercise of scientific talents and attainments, as well as 
practical experience and sound judgment. The small al- 
lowance of daily compensation, to include the support, as 
also to reward the labors of the Commissioners, provided 
in the Resolve, was found to offer no inducement to men 
of requisite qualifications, to accept the office. In the or- 
ganization of the proposed Board, it is to be regarded, 
that the services required, will be occasional, uncertain in 
their duration, and continually changing the place of em- 
ployment. The Commissioners are expressly made sub- 
ject to the assignment of duties in different parts of the 
Commonwealth, and must, at all seasons, be prepared to 



578 GOVERNOR'S SPEECH- 

meet a reference by the Legislature of new objects to 
their examination. It might thus practically result, that 
the travel and incidental expenses of a days journey, which 
must be often necessary, and for which no allowance is 
provided beyond the daily stipend, would consume that 
amount, and thus the public agent be taxed for his time in 
the public service. It is not only just, but it is most truly 
wise, to offer adequate compensation for the performance 
of important and responsible duties. Men of entire com- 
petency may be found, from the excitement of a local or 
personal interest, or on great occasions, from higher and 
nobler influences, to yield their talents gratuitously to the 
public ; but under circumstances of ordinary obligation, 
and for purposes of common concern, they are not usually 
to be withdrawn from their private affairs, to the labors of 
public employment, without the assurance of pecuniary re- 
muneration. An attempt was indeed made, to secure the 
services of a gentleman eminent in his profession, by all 
the pledge of future employment in the twofold capacity 
of a Commissioner and Engineer, which a designation to 
those offices could give ; but an opportunity for immediate 
engagement under the authority of the United States, with 
better and more certain encouragement, induced to a de- 
clension of the appointments. 

The total omission, by the Legislature, to make any ap- 
propriation for the expense of the surveys, which were au- 
thorized, upon the several petitions of Messrs. Whitwell, 
Bond, & Co. and others, of a route for a Railway to Pro- 
vidence, of Aaron Tufts and others, and of Heman Steb- 
bins and others, for Canals to the line of the State of Con- 
necticut, together with a reference to the disagreement of 
the two branches, in relation to the survey of a route for a 
Railroad from the harbor of Boston to the western line of 
this Commonwealth, which was believed to be an influen- 



GOVERNOR'S SPEECH. 679 

tial, if not leading 'motive, for constituting a commission, 
suggested the propriety of presenting the whole subject, 
unembarrassed with imperfect and ineffectual arrange- 
ments by the Executive, for further direction by the pre- 
sent Legislature. I now, renewedly and with earnestness, 
recommend it to a favorable attention. Believing that the 
interest and honor, the extended prosperity, and the future 
political influence of this Commonwealth, are essentially 
to depend upon encouraging a spirit of enterprize in the 
execution of works of public improvement, by which an 
increasing population may find employment, and new ap- 
plications of industry reward, it is with no ordinary con- 
cern, that measures are anticipated which may be happily 
instrumental to these important ends. A community will 
not long remain stationary in condition. The people will 
either advance to greater possessions and enjoyments, or 
recede from the point of attainment and excellence to 
which they had arrived. With States, as with individuals, 
indifference will lead to sloth, and habits of indolence, to 
poverty, dependence, and debasement. 

By a special reference from the last to the present Ge- 
neral Court, of the consideration of a bill for the establish- 
ment of a Seminary of practical Arts and Sciences, your 
attention is already officially engaged to that interesting 
object. Nothing can be added by repetition of remark, 
to the force of motives which have been repeatedly urged 
to improve the system of public education, and conform 
the acquisition of knowledge to the multiplied pursuits of 
the citizens, and the existing interests of society. The 
present bill proposes these ends under the highest respon- 
sibilities, and in a manner the most immediate and effect- 
ual for their accomplishment. It has recently been pre- 
sented in the precise detail of contemplated arrangements, 
through the medium of the press, to the consideration of 

76 



680 GOVERNOR'S SPEECH. 

the whole people, and the disposition which shall now be 
made of it, at your hands, must be regarded as the deci- 
sive expression of public sentiment upon the subject. 

It would be unfaithfulness to duty, if, in this connexion, 
I failed also to advert to the adoption of measures for the 
preparation and better qualification of teachers of youth. 
The wants of the community in this respect, are unques- 
tionably great, and with a growing population will be con- 
tinually increasing. The cause of learning languishes, both 
from the paucity and the incompetency of Instructors. To 
supply the acknowledged deficiency, it has heretofore been 
proposed to otTer encouragement to an Institution in which 
arrangements shall be made for the appropriate education 
and discipline of mind, and the cultivation of practical ta- 
lent in the art of governing, and communicating instruc- 
tion. Probably no plan will be suggested, which, at less 
expense, and with better promise of success, may be ex- 
perimentally attempted. 

To the influence of Institutions for the literary, moral, 
and christian education of children and youth, from the 
first settlement of the country, may be referred the present 
possession of all our political privileges and blessings. 
Our wise and pious ancestors well understood the impor- 
tance of knowledge to the enjoyment of civil and religious 
liberty. They here early established schools of diflferent 
descriptions, and enjoined their support as a corporate 
duty upon towns. It is an impressive fact, alike illustra- 
tive of their character, and instructive to the men of this 
generation, that within thirty years of the landing of the 
Pilgrims upon the rock ot Plymouth, it was ordered by the 
Court of the then infant ('olony, that "every town within 
this jurisdiction, after the Lord had increased them to the 
number of fifty house-holders, shall then forthwith appoint 
one within their Towns, to teach all such children as shall 



GOVERNOR'S SPEECH. 581 

resort to him, to write and read ; and that when any Town 
shall increase to the number of one hundred famiUes, they 
shall set up a grammar school, the master thereof being 
able to instruct youth, as far as they may be fitted for the 
University, to the end," in the quaint language of the 
times, " that learning may not be buried in the graves of our 
Forefathers in Church and Commonwealth, the Lord as- 
sisting our endeavours." The obligation to maintain these 
institutions, and to cherish the interests of literature and 
the arts, was solemnly recognized in the adoption of our 
present frame of government, as the duty of legislatures 
and magistrates in all future periods of the republic. Wis- 
dom and knowledge were declared to be the basis of pub- 
lic happiness, and their diffusion essential to the prosperity 
of the State. Opportunities for learning were afforded to 
the poor, at the expense of the rich, in advance for the se- 
curity which instruction in the nature of the rights of pro- 
perty gives to its possession. A government, founded 
upon the popular will, and resting exclusively for support 
upon public opinion, can be maintained no longer than the 
people are enabled to comprehend their rights, and are 
enlightened in the proper manner of their exercise. Even 
the influence of Rehgion upon government, in this coun- 
try, will be felt only through the higher responsibilities it 
imposes upon the citizens in the performance of their civil 
duties. The elective privilege would be but an idle mockery 
without virtue and intelligence to direct to its discreet and 
faithful discharge. By a corrupt, or a mechanical cast of 
votes, men may be raised to the high places of trust, who 
would deride the feeble restraints of paper Constitutions, 
which have not the spirit of freemen for their guarantee, 
and breaking over the neglected barriers of hmited authority, 
would trample the liberties of the people, and their empty 
forms of government, under the feet of a practical usurpa- 



582 GOVERNOR'S SPEECH. 

tion. The worst of Despotisms is that in which Ignorance 
has the power of rule. It has been well remarked, that 
" public virtue never flourishes, in any degree, nor is found- 
ed on steady principles of justice, except where a good 
education becomes general, and where men are taught the 
pernicious consequences of vice, treachery, and immo- 
rality." 

But profitless and vain were all speculations upon the 
importance of measures of public utility, without the pro- 
vision of adequate means for their adoption. Neither the 
advantages of new Schools, and Seminaries of Learning and 
the Arts, nor Canals, nor Railways, nor general improve- 
ments of any description, are to be enjoyed without liberal 
appropriations of money to their procurement. The limit- 
ed fortunes of individuals, and a proper and often neces- 
sary regard to their personal interests, do not admit of suf- 
ficient voluntary contributions for the accomplishment of 
undertakings of great magnitude and expense, without the 
inducement and security of remuneration for the invest- 
ments ; and we are strongly admonished by experience, 
that it will be most wise, so far as may comport with the 
ability and condition of the country hereafter, to retain in 
the Government a control, at all times, over works of ge- 
neral concern, and for the common use. In what manner 
this may best be effected, will be for the Legislature to 
decide. The Treasury can afford nothing to purposes of 
public improvement, without more abundant supplies. It 
has heretofore been shewn by official documents, that the 
revenue from present means is insufficient for the ordinary 
and incidental expenses of the support of government. 
If, therefore, it be desirable, that the prevailing spirit of 
enterprise should be cherished, that society should be im- 
proved, and the Commonwealth enriched and aggrandized, 
and these ends are in any degree to he advanced at the public 



GOVERNOR'S SPEECH. 68S 

charge, it becomes the first duty of those to whom the des- 
tinies of the State are committed, to provide additional re- 
sources for the Treasury. The people, it is believed, will 
at all times cheerfully yield to just and necessary requisi- 
tions for the promotion of the general prosperity, and it 
would be alike distrustful of their intelligence, and injuri- 
ous to their interests, to neglect a single proper and bene- 
ficial measure, from a timid conception that it might not 
receive the sanction of their approval. 

In compliance with the request of the Legislature, ex- 
pressed in a resolve of the 26th of February last, I com- 
municated to the Secretary of War, of the United States, 
the desire of this government to be furnished with any re- 
ports, and all information in possession of that department, 
which had not been transmitted, relating to the practica- 
bility and utility of a canal across the Isthmus of Cape 
Cod, to unite the waters of Buzzards and Barnstable Bays, 
and also to be advised of the intention of the General Go- 
vernment in reference to further measures for the accom- 
plishment of that interesting object. I was informed, in 
reply, that under a resolution of Congress, passed early in 
January last, the Board of Engineers were directed to pre- 
pare an estimate of the expense of making the canal, but 
that it had been found impracticable without abandoning 
objects of paramount importance, to do it in season to be 
laid before Congress at the last session ; — that it would be 
completed as soon as possible, and in all probability in 
season to be presented to Congress at the next session. 
The Secretary adds, that " it is not contemplated to make 
any further surveys, or to take any further measures with 
reference to the proposed project of a canal for uniting 
the Buzzards and Barnstable Bays, without the sanction 
and direction of Congress." Accompanying this communi- 
cation, was a printed copy of the memoir and drawings of 



584 GOVERNOR'S SPEECH. 

the surveys which had been already made, and of which 
similar copies had before been forwarded, and were by me 
transmitted to each branch of the Legislature at the last 
session. 

The few weeks of interval from the prorogation of the 
former Legislature at the close of the winter session, have 
presented nothing of new impression, in the general inte- 
rests of the Commonwealth, requiring special communica- 
tion. Subjects of local or private concern, which may 
engage your attention, are not to be anticipated by me. 
These originate elsewhere, and should ever be presented 
to the Legislature, which has independently, in the first 
instance, the right to their disposal, without attempts at 
influence or bias from the Executive. If, unfortunately, 
at any time, there shall occur between the departments of 
the government a difference in reasoning or in results, it 
should be imputed to any thing else than want of respect 
for each other, or of integrity in either. There can be 
but one feeling, one motive, and sense of duty and ac- 
countability with them all ; — and may the blessing of Al- 
mighty God rest upon their united labours, in fidelity, for 
the good of their constituents, their country, and mankind. 

LEVI LINCOLN. 



MESSAGE. 585 



CHAP. I. 



Resolve providing for the calling a meeting of the First Con- 
gregational Parish in the town of Plymouth. 

June 7, 1827. 

Upon the petition of John B. Thomas, in behalf of the 
inhabitants of the first Congregational Parish in Plymouth, 
in the County of Plymouth, stating that there are no Pa- 
rish officers in said first Parish, who are by law authorized 
to notify and call any meeting of said Parish ; therefore, 

Resolved, That John B. Thomas, one of the Justices of 
the Peace for said County of Plymouth, be, and he hereby 
is authorized to issue his warrant, directed to some Consta- 
ble of said town of Plymouth, requiring him to notify and 
warn the freeholders and other inhabitants of said Parish, 
who are qualified by law to vote in parish affairs, to meet 
at such time and place as he shall name in said warrant, 
to choose all such parish officers as are by law required to 
be chosen in the months of March or April, annually, and 
to do and transact any other business that may legally 
come before said parish meeting. 



CHAP. H. 

Gentlemen of the Senate, and 

Of the House of Representatives, 

Major General Elijah Crane, of the first division of the 
militia, having tendered to me his resignation, after a long 
course of faithful, meritorious, and honorable service, it 
has been accepted, and he is now discharged. The con- 
stitution devolving the appointment of his successor upon 



586 J. B. CURRIER, Jr. & D. PLUMER. 

the Legislature, it becomes my duty promptly to make to 
you this communication. 

LEVI LINCOLN. 
Council Chamber y June 8, 1827. 



CHAP. III. 

Resolve on the petition of Jacob B. Currier, jun. and David 

Plumer, 

June 9, 1827. 

Upon the petition of Jacob B. Currier, jun. Guardian of 
Willebee Hoit Currier, EHzabeth Currier, Richard Currier, 
John Currier, Jacob B. Currier, children of Polly Currier, 
wife of said Jacob B. Currier, jun. and David Plumer, 
Guardian of Charles Plumer, George Plumer, and William 
Plumer, children of Lydia Plumer, wife of said David 
Plumer, 

Resolved, For reasons set forth in said petition, that the 
said David Plumer be, and he hereby is authorized, for, 
and in behalf of his said Wards, to make and execute a 
good and sufficient quit claim deed, in due form of law, of 
all the right, title, and interest of his said Wards, in and to 
all the lands, tenements, and hereditaments, situated within 
this Commonwealth, of which Willebee Hoit, of Amesbury, 
in the County of Essex, died seized and possessed, to the 
said Wards of the said Jacob B. Currier, jun. provided the 
said Jacob B. Currier, jun. duly authorized, shall make 
and execute a like good and sufficient quit claim deed, for 
and in behalf of said Wards, of all the right, title, and in- 
terest of his said Wards, in and to all the lands, tenements, 
and hereditaments, situated within the State of New Hamp- 
shire, of which the said Willebee Hoit died seized and 
possessed, to the said Wards of the said David Plumer : 
and the said deeds shall operate and make a permanent 



ENSIGN E. T. THOMAS. 587 

and final division between the heirs of the said Lydia 
Plumer and the heirs of the said Polly Currier, of all the 
real estate of the said Willebee Hoit, devised to them in 
and by his last Will and Testament. 



CHAP. IV. 

Resolve on the petition of Col. Benjamin P. Wood respecting 
the discharge of Ensign Thomas. 

June 12, 1827. 

Whereas, Ezra T. Thomas, of Middleborough in the 
County of Plymouth, Ensign in a company of Grenadiers, 
attached to the fourth regiment, first brigade, and fifth di- 
vision of Massachusetts militia, has been afflicted for the 
space of eight months, with a mental derangement, and 
atill continues in that state, without any probable hope of 
amendment, or restoration to the proper exercise of his 
faculties. And whereas the law of this Commonwealth 
contains no provision by which an individual in the above 
described condition may be discharged from his offrce ; 
and whereas, in consequence of the foregoinsj circum- 
stance, the militia of Massachusetts, more especially the 
said Grenadier company, is at this time, and may so con- 
tinue, deprived of the services of a useful ofiicer ; therefore, 

Resolved, That His Excellency the Commander in Chief 
be authorized, and he is hereby requested, to grant to the 
aforesaid Ezra T. Thomas an honourable discharge from 
his office of Ensign in the company aforesaid. 



77 



588 W. MONUMENT.— D. STETSON. 



CHAP. V. 

Resolve on the petition of the Trustees of the Washington 
Monument Association. 

June 12, 1827. 

Resolved, That permission be hereby given to the Trus- 
tees of the Washington Monument Association, to erect at 
their own expense, a suitable building on the north front 
of the State house, for the reception and permanent loca- 
tion of the statue of Washington by Chantrey ; and that 
said building shall be of such materials and construction, 
as his Excellency the Governor shall sanction and approve ; 
and when completed, and the statue placed therein, His 
Excellency the Governor is hereby authorized and re- 
quested to take all such measures as may be needful and 
proper for its preservation and safe keeping. 



CHAP. VI. 

Resolve on the petition of David Stetso7i. 
June 13, 1827. 

On the petition of David Stetson, of Charlestown, in the 
county of Middlesex, representing that he was a member 
of the last Legislature of this Commonwealth, and that 
by accident, his account for attendance at the last session 
was omitted in the pay-roll thereof; therefore. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to the said Stetson, or 
his order, the sum of one hundred and thirty-six dollars, 
as compensation for his services as aforesaid. And His 
Excellency the Governor is hereby authorized and re- 
quested to draw his warrant therefor. 



RAIL-WAY. 689 



CHAP. VII. 

A Resolve authorizing a survey of one or more Routes for a 
Railway from Boston to the Hudson River, 

June 14, 1827. 

The joint committee, to whom was referred the petition 
of James Whiton and others, citizens of Berkshire, josiah 
Quincy and others, citizens of Boston, and sundry other 
petitions, praying for a survey for a Railway on one or 
more routes from Boston to the Hudson River, have had 
the same under consideration, and report by Resolve, 
which is herewith respectfully submitted. 
For the Committee, 

L. M. PARKER. 

Resolved, That His Excellency the Governor of this 
Commonwealth, by and with the advice and consent of the 
Council, shall have power to appoint two Commissioners, 
and a suitable Engineer, whose duty it shall be, as soon 
as may be, and if possible before the commencement of 
the next session of the Legislature, to cause the necessary 
surveys and plans of the same, to be made for a Railway, 
of the best practicable route or routes, through any part 
of this Commonwealth, from the City of Boston, westward, 
to the line of the State of New York ; and in case permis- 
sion shall for that purpose be obtained of the proper au- 
thorities in the State of New York, from thence to the Hud- 
son River, at or as near Albany as may be ; and to cause 
also the necessary estimates to be made of the expense of 
constructing such Railway, together with every proper in- 
quiry and examination, as to the expediency of constructing 
such Railway, to the end that the said Engineer and Com- 
missioners may, if possible, make report in the premises, 
with their opinion thereon, on or before the commence- 
ment of the next session of the Legislature ; which said 
Engineer and Commissioners shall have power to employ 
the necessary and proper agents and assistants for the per- 
formance of the services hereby required. 



590 TREASURER TO BORROW MONEY, 

Resolved, That His Excellency the Governor, by and 
with the advice and consent of the Council, shall have 
power to draw his warrant on the Treasurer, from time to 
time, for any sum or sums, not exceeding in the whole the 
sum of ten thousand dollars, as a compensation for the 
necessary expenses and services hereby required to be 
performed. 



CHAP. VHT. 

Resolve authorizing the Treasurer to borrow a sum not ex- 
ceeding seventy-five thousand dollars. 

June 14, 1827. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby authorized and directed, to borrow of 
any of the Banks in this Commonwealth, any sum not ex- 
ceeding seventy-five thousand dollars, that may, at any 
time within the present year, be necessary for the payment 
of the ordinary demands made on the Treasury ; and that 
he pay any sum he may borrow, as soon as money suffi- 
cient for the purpose, and not otherwise appropriated, 
shall be received into the Treasury. 



LAWS.— CONTINGENT FUNDS. 691 



CHAP. IX. 

Resolve respecting the publication and distribution of the 

Laws. 

. June 14, 1827. 

Hesolved, That the Secretary of the Commonwealth be, 
and he is hereby authorized and directed, at the close of 
the present and each future session of the General Court, 
to cause to be published and distributed, in the manner 
now provided by law, such number of copies of the Acts 
and Resolves passed at said session, as shall be sufficient 
to supply all those corporations and individuals by law en- 
titled to them ; and that so much of a Resolve, passed 
June 17th, 1820, as is inconsistent with the provisions of 
this Resolve, be, and the same hereby is repealed. 



CHAP. X. 

Resolve for Contingent Funds. 

June 14, 1827. 

Resolved, That there be allowed and paid, out of the 
public Treasury, to the Secretary of the Commonwealth, 
such sums of money as from time to time shall appear to 
His Excellency the Governor, with the advice of Council, 
to be necessary for the service of Government, and to be 
disposed of as the Governor and Council may direct ; the 
amount thereof not to exceed one thousand dollars ; and 
the Secretary shall account to the Legislature for the 
same ; and His Excellency the Governor is authorized to 
flraw his warrant therefor. 



592 JOSHUA BOWLES. 

CHAP. XI. 

Resolve on petition of Joshua Bowles. 

June 15, 1827. 

• 

Resolved, That Nathaniel S. Spooner, executor of the 
last will and testament of Charles Howard, deceased, to- 
gether with the legal guardians of the heirs at law of said 
Charles Howard, be, and hereby are authorized to convey, 
by good and sufficient deed or deeds, to Solomon Perry, 
of Sandwich, all the right, title, and interest, which said 
Charles Howard had, at the time of his decease, in and to 
a certain piece or parcel of land, situate in Sandwich, at 
Monamet, so called, estimated at three acres, more or less, 
bounded as follows : beginning at the corner of Prince 
Perry and others' land, by the county road, thence by said 
Prince Perry and others' land, as the fence now stands, 
until it comes to the third post in the fence from the coun- 
ty road, thence on a parallel line with the barn until it 
comes near the northerly gate post at the southeasterly 
corner of the barn-yard, then on a parallel line with the 
front of the barn to the county road, together with the 
dwelling house and out buildings thereon standing, being 
the same premises which were set off to Charles Howard, 
on an execution in his favor, issued from the Clerk's office 
of the Court of Common Pleas in the County of Suffolk, 
and there returned, January term, A. D. 1825. 



JACOB KUHN.— COLERAINE. 593 

CHAP. XII. 

Resolve providing for the pay of Jacob Kuhn. 

June 15, 1827. 

Resolved., That there be allowed and paid, out of the 
public Treasury, to Jacob Kuhn, in full for his services as 
Messinger to the General Court, and for his care of the 
State House, and all other services rendered by him, in- 
cluding those mentioned in a Resolve passed on the nine- 
teenth day of October, in the year of our Lord one thou- 
sand eight hundred and fourteen, for the year commencing 
the thirtieth day of May last, the sum of one thousand dol- 
lars, payable quarter yearly ; and His Excellency the Go- 
vernor, with the advice of Council, is requested to draw 
his warrant accordingly. 



CHAP. XIII. 

Resolve confirming the records and doings of the Town of 

Coleraine. 

June 15, 1827. 

On the petition of the Selectmen of Coleraine, praying 
for the confirmation of the records and proceedings of said 
town, notwithstanding certain irregularities and neglects 
respecting the same. 

Resolved, For reasons set forth in said petition, that the 
records and proceedings of said town be, and the same are 
hereby confirmed and made valid in law, to all intents and 
purposes, the want of a proper record of the warrants for 
calling town meetings, of the return of the Constables, who 
have warned their meetings, from time to time, or any 
other irregularities or neglects respecting the same, not- 



594 J. LYMAN & L. STRONG. 

withstanding: Provided, however, that nothing herein shali 
be understood or extend to affect any action or cause now 
pending before any Justice of the Peace, or in any Judi- 
cial Court. 



CHAP. XIV. 

Resolve on petition of Joseph Lymayi and Lewis Strong. 
June 15, 1827. 

On the petition of Joseph Lyman and Lewis Strong, 
administrators on the estate of Jonathan H. Lyman, Esq. 
praying that they may be authorized to convey certain 
real estate in Northampton, of which the said Lyman died 
seized, in trust : — 

Resolved, For reasons set forth in said petition, that the 
said administrators, together with the legal guardians of 
the heirs at law of the said Jonathan H. Lyman, be, and 
they are hereby authorized and empowered, to convey two 
certain homesteads in Northampton, which were conveyed 
by one Samuel Smith to said Lyman, in trust, by a deed 
dated 12 May, 1818, and recorded in the Registry of 
Deeds for the County of Hampshire, Book 44, folio 233, 
to such person or persons, as would in equity and justice 
be entitled to receive conveyances thereof, were the said 
Lyman living. 



STATE ROAD.—JOHN MOREY. 595 



CHAP. XV. 

Resolve relating to the State Road north of the Bingham 
Purchase in the State of Maine. 

June 15, 1827. 

Resolved, That township No. Five, in the second range 
of townships, north of the Bingham Purchase, so called, in 
the County of Somerset and State of Maine, be, and the 
same is hereby granted to the State of Maine ; on condi- 
tion however, that the said State of Maine shall, within 
two years from the passing of this Resolve, make and con- 
struct a road which was laid out by virtue of a resolve of 
this Commonwealth, passed June 12th, 1817, from the 
north line of the said Bingham Purchase to the north line 
of the State of Maine, so that travellers, with their horses 
and carriages, may safely pass and repass thereon ; and 
shall complete the same to the acceptance of the Agent 
of the Land Office of the Commonwealth of Massachu- 
setts. And if the said State of Maine shall not comply "with 
the condition of this Resolve, the same shall be null and 
void. 



CHAP. XVI. 

Resolve to discharge John Morey from imprisonment. 

June 15, 1827. 

On the petition of John Morey, stating that he is now 
in prison in the County of Hampden, on a warrant issued 
in behalf of the Commonwealth against him, upon a re- 
cognizance entered into by him, and which was adjudged 
forfeited, and which warrant, with the costs thereon, 
amounts to the sum of eighty-four dollars and twenty-eight 
cents ; and that he is wholly unable to pay the same. 

78 



696 LYDIA WELLS. 

Resolved, That said John Morey be, and he hereby is 
released from all liability upon said recognizance and war- 
rant, and the same are hereby discharged ; and the She- 
riff of the said County of Hampden, is hereby authorized 
and directed to release the said Morey from his imprison- 
ment, so far as he is retained in prison by virtue of the 
warrant aforesaid. 



CHAP. xvn. 

Resolve on the petition of Lydia Wells, of the City of Boston, 

Widow. 

June 15, 1827. 

Resolved, On the petition of Lydia Wells, of Boston, 
widow, and for the reasons therein stated, that the Com- 
monwealth's Attorney for the County of Suffolk, be, and 
he is hereby directed to discharge the execution issued 
pursuant to the judgment rendered in behalf of the Com- 
monwealth against the said Lydia, at the term of the 
Court of Common Pleas, holden within and for the County 
of Suffolk, on the first Tuesday of October, A. D. one 
thousand eight hundred and twenty-six ; — upon receiving 
from her the costs of suit. 



STATE PRISON.— ELIZA WHITE. 597 

CHAP. XVIII. 

Resolve making appropriation for the New State Prison. 

June 15, 1827. 

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



CHAP. XIX. 

Resolve on petition of Eliza White, Administratrix. 
June 15, 1827. 

On the petition of Eliza White, Administratrix of the 
goods and estate of Joseph White, Jr. late of Salem in the 
County of Essex, Esquire, deceased, intestate, and mother 
and legal guardian of Ehzabeth, Mary, and Catherine, 
minor children of said intestate ; 

Resolved, For reasons set forth in said petition, that the 
said Ehza White be, and she hereby is authorized and 
empowered to sell by public auction, and to make, exe- 
cute, and deliver a good and sufficient deed or deeds of con- 
veyance, of all the right, title, and interest of the said mi- 
nors, in and to a messuage situate on Brown and Wilham 
Streets, in said Salem, consisting of about sixty-eight and 
a half poles of land, with a dwelling house and other build- 
ings thereon, bounded as set forth in a deed thereof, dated 
March 10th, 1810, recorded in the Registry of Deeds for 



598 ELIZA WHITE. 

said County, Book 190, leaf 1 ; also half of a dwelling 
house, and the land under and adjoining the same, situate 
on Essex street, in said Salem, and described in a deed 
thereof, dated November 26, 1813, recorded in Book 201, 
leaf 238 ; and half a store, wharf, and land, situate in Be- 
verly in said County, near Essex Bridge, and described in 
a writ of possession, issued on a judgment rendered at 
the S. J. Court, at Salem, November T. 1811, which 
real estate the said Joseph White, Junior, held in 
trust for Francis Lewis Alexander Bessell, late of Salem 
aforesaid. Merchant ; and the deed or deeds of said 
Eliza White, shall be valid in law to convey all the 
right, title, and interest of the said minors, and the heirs 
at law of said Joseph White, Junior, in and to the said 
parcels of real estate, or to any part thereof. And the net 
proceeds of the said real estate shall be paid and distri- 
buted, and held in the same manner and proportions, as a 
like amount of tlie personal assets of the said Francis L. 
A. Besseh would by law be distributed ; and the distribu- 
tive share thereof, payable to Charles Cornelius Bessell, 
shall be paid to his Executor and Trustee, to be by him or 
his successor, held to and upon the uses and trusts, and on 
the limitations and conditions, and in the same proportions, 
as are declared, set forth, and appointed, by the said 
Charles Cornelius Bessell, in his last will and testament, 
respecting the estate therein devised and bequeathed to 
his brother Frederick ; the Executor or Trustee under 
the will of said Charles to give bond, with sufficient sure- 
ties, to account for the same accordingly, and in default 
of his so giving bond, the same to be paid to such other 
Trustee as the Judge of Probate may appoint, to receive 
and hold the same, on said trusts, on giving bond with 
surety as aforesaid. 



TAX.— N. S. SPOONER. 599 



CHAP. XX. 

Resolve granting an additional tax for the County of Berk- 
shire, to defray the expense of locating and making high- 
ways in said County. 

June Id, 1827. 

Whereas the Court of Sessions for the said County of 
Berkshire, has exhibited an estimate made by said Court, 
of the necessity of the sum of two thousand dollars being 
laid and assessed upon the inhabitants of said County, 
in addition to the sum of five thousand dollars heretofore 
granted on an estimate made in September last, for the 
payment of damages to individuals in laying County roads, 
and for making the same ; 

Resolved, That the said sum of two thousand dollars be, 
and the same is hereby granted as a tax for the said Coun- 
ty of Berkshire, to be apportioned, assessed, paid, collect- 
ed, and applied to the purposes aforesaid, according to 
law. 



CHAP. XXI. 

Resolve on the Petition of Nathaniel S. Spooner. , 
June 15, 1827. 

On the petition of Nathaniel S. Spooner, Administrator 
of the estate of Daniel Crane, late of Bridgewater, in the 
County of Plymouth, Esquire, deceased, and Guardian of 
Daniel Crane, Jonathan H. Crane, and Amelia Crane, 
minors, and heirs at law of said Daniel Crane, deceas- 
ed ; and also on the petition of Isaac Pratt and Charles 
Wilbour ; 

It appearing that the said Daniel Crane, deceased, in 



600 N. S. SPOONER. 

his life time, purchased a reversionary interest, in fee, in a 
certain estate called the Wareham Forge, with all the pri- 
vileges belonging to the same, two old dwelling houses 
and twenty-five acres of cleared land adjoining, as par- 
ticularly described in said petition, which said purchase 
was made in the names of said Daniel Crane and one Ja- 
red Pratt. 

It further appearing, that said Crane and Jared Pratt 
took a lease, by indenture, of the same premises, during 
the life of Desire Leonard, at an annual rent, and that the 
said Crane and Jared Pratt, together with Isaac Pratt and 
Charles Wilbour, entered upon said estate, and have ex- 
pended large sums of money, and made extensive improve- 
ments thereon. 

It further appearing, that by a verbal agreement be- 
tween the parties, it was understood, that the said Isaac 
Pratt and Wilbour were to be interested in equal shares with 
said Crane and Jared Pratt, in said estate, and the im- 
provements thereon, and to bear their full equal shares in 
the expenses, burthens, and obligations incident thereto, 
but that no use or trust was declared in said deed of con- 
veyance, or indenture, or in or by any other declaration of 
trust or instrument in writing, for the use and benefit of 
said Isaac Pratt and Wilbour, that it was verbally un- 
derstood and agreed, that a deed, or other proper convey- 
ance for that purpose, should be made by said Daniel 
Crane, but the same was omitted until prevented by his 
decease. Wherefore, 

Be it Resolved., That the said Nathaniel S. Spooner, 
administrator and guardian as aforesaid, be, and he is 
hereby fully authorized and empowered, to grant, transfer, 
convey, and release to the said Isaac Pratt and Charles 
Wilbour, their heirs and assigns, by good and suflicient 
deed or deeds, one moiety of all the right, title, and inte- 
rest of the said minors, in the said described estate, upon 
such payments, securities, and indemnities, as shall appear 
to him just and reasonable, conformably to the true, pro- 
per, and equitable intent and meaning of the aforesaid 
verbal agreement and understanding between the parties ; 
and such deed or deeds, so made and executed by said 
Spooner, are hereby declared to have the same force and 



INTERNAL IMPROVEMENTS. 601 

effect, to pass and convey the said interest of the said 
minors, as if the same had been made by the said Daniel 
Crane in his Ufe time. 

Be it further resolved^ That the said Nathaniel S. Spoon- 
er, is hereby declared accountable for all sums of money, 
and other property received, and for acts done, in pursu- 
ance of the authority hereby given, in the same manner, 
and to the same effect, as if the same had been done un- 
der his general authority as such administrator and guar- 
dian, s 



CHAP. XXII. 

Resolve for increasing the compensation of the Commission- 
ers for Internal Improvetnenis. 

June 15, 1827. 

Resolved, That His Excellency the Governor, with the 
advice of Council, is hereby authorized to increase the 
compensation provided by a resolve of the Legislature, 
passed on the twenty-second day of February last, to be 
paid to the Commissioners who may be appointed to con- 
stitute the " Board of Internal Improvements ;" such in- 
crease not to exceed the sum of two dollars per day, to 
each Commissioner, for each and every day he may be 
employed in his official duties. 



602 STATE PRISON.— E. THOMPSON. 



CHAP. xxni. 

Resolve for paying the Commissioners upon the subject of the 

State Prison. 

June 16, 1827. 

Resolved, That there be allowed and paid out of the 
tiTreasury of this Commonwealth, to Stephen White, Sher- 
pman Leland, and Bradford Sumner, each the sum of one 
hundred dollars, in full compensation for their services, as 
Commissioners upon the subject of the vState Prison, under 
a resolve of the Legislature of the third of March, one 
thousand eight hundred and twenty-six ; and His Excel- 
lency the Governor is hereby authorized and requested to 
draw his warrant on the Treasury for the same accordingly. 



CHAP. XXIV. 

Resolve on the petition of Emerson Thompson. 
June 16, 1827. 

On the petition of Emerson Thompson, for an allowance 
for his time and expense in pursuing and arresting one 
Isaac D. Thompson, who was charged with larceny, and 
who, after his arrest, entered into a recognizance, with 
sufficient sureties, which was afterwards forfeited to the 
Commonwealth ; 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to said Emerson Thomp- 
son, the sum of fifty-six dollars and forty-nine cents, 
for his time and expense aforesaid ; and that His Excel- 
lency the Governor, with the advice of Council, be, and 
he hereby is authorized to draw his warrant on the Trea- 
sury for the same accordingly. 



PAY OF MEMBERS.— -APPROPRIATION. 603 



CHAP. XXV. 

Resolve for pay of the Council, Senate, and House of Rep- 
resentatives. 

June 16, 1827. 

Resolved, That there be paid, out of the Treasury of this 
Commonwealth, to each member of the Senate and House 
of Representatives, two dollars for each and every day's 
attendance as such, the present political year, and the like 
sum of two dollars, for every ten miles travel from their 
respective places of abode, once in each session, to the 
place of the sitting of the General Court ; and also to each 
member of the Council, two dollars for each day's attend- 
ance at that board, at every session thereof, during the 
present political year, and the like sum of two dollars for 
every ten miles travel ; and to the President of the Senate, 
and Speaker of the House of Representatives, each, two 
dollars for each and every day's attendance, in addition to 
their pay as members. 



CHAP. XXVI. 

Resolve making an appropriation to carry into effect two 
Resolves passed March 2d, 1827. 

June 16, 1827. 

Resolved, That His Excellency the Governor, with the 
advice of the Council, be, and lie hereby is authorized to 
draw his warrant on the Treasurer of the Comiaonweahh, 
for such sums as may be necessary to carry into effect a 
Resolve passed on the second day of March last, directing 
the Board of internal Improvements to survey a route for 
a Canal from Boston to Western, in the County of Wor- 

79 



604 DAVID THOMPSON.— CLERKS. 

cester ; and also one other Resolve passed on the same 
day, directing the said Board to survey a route for a Rail- 
way from Boston to Providence. 



CHAP. XXVH, 

Resolve on the petition of David Thompson. 

June 16, 1827. 

Resolved, That there be allowed, and paid out of the 
Treasury of this Commonwealth, to David Thompson, an 
aged soldier, who lost an arm in the public service in the 
year 1757, the sum of twenty-one dollars annually, in ad- 
dition to his present pension of seventy-five dollars ; and 
that the same be paid to him by the Treasurer, in semi- 
annual payments, at the times when his present pension is 
payable. 



CHAP. XXVIII. 

Resolve providing for the pay of Clerks. 

June 16, 1827. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to the Clerk of the Senate, eight dollars 
per day ; to the Clerk of the House of Representatives, 
ten dollars per day, and to the Assistant Clerk of the Sen- 
ate, six dollars per day, for each and every day's attend- 
ance they have been, or may be employed in that capa- 
city, during the present session of the Legislature ; and 
the Governor, with the advice of Council, is requested to 
draw his warrant accordingly. 



JOHN V. LOW.— FUEL. 606 

CHAP. XXIX. 

Resolve to pay John V. Low. 

June 16, 1827. 

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



CHAP. XXX. 

Resolve authorizing the purchase of Fuel, and other articles 
for the use of the Commonwealth. 

June 16, 1827. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to Jacob Kuhn, Messenger of the Gene- 
ral Court, the sum of one thousand dollars, to enable him 
to purchase fuel, and such other articles as may be neces- 
sary for the use of the General Court, together with the 
Governor's and Council's Chamber, the Secretary's, Trea- 
surer's, Adjutant General's, and Quarter Master General's 
Offices, and also for the Land Office : he to be accounta- 
ble for the expenditure of the same. 



606 S. CROCKER.— COM. ON ACCOUNTS. 



CHAP. XXXI. 

Resolve on the petition of Samuel Crocker, Esq. President 
of the Agricultural Society in the County of Bristol. 

June 16, 1827. 

On the petition of Samuel Crocker, shewing that by the 
accidental omission on the part of the Agricultural Society 
of the County of Bristol, to file an application in due sea- 
son, the bounty to which they would have been entitled 
under the laws of this Commonwealth, during the last 
year, has not been received. 

Resolved, That His Excellency the Governor is hereby 
authorized to draw his warrant upon the Treasurer of this 
Commonwealth, for the sum of three hundred dollars, in 
favour of said Samuel Crocker, President of said Society, 
and for the use of the same. 



CHAP. XXXII. 

Resolve to pay Committee on Accounts. 

June 16, 1827. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to the Committee on 
Accounts, for their attendance on that service during the 
present session, the sum of one dollar per day, in addition 
to their pay as members of the Legislature, viz : 

John Keyes, five da5^s, ;^3 00 

Elihu Hoyt, six days, 6 00 

William Ellis, thirteen days, 13 00 

Josiah Robbins, thirteen days, 13 00 

Benjamin C. Perkins, thirteen days, 13 00 

Warwick Palfray, Jr. thirteen days, 13 00 



ROLL, No. 97 MAY, 1827, 



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

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

ELIHU HOYT, Per Order. 



PAUPER ACCOUNTS. 

Amherst, for support of sundry paupers to May 

28, 1827, I 93 60 

Adams, for support of sundry paupers to June 2, 

1827, 257 19 

Abington, for support of sundry paupers to May 

7, 1827, 71 10 

Blandford, for support of sundry paupers to May 

26, 1827, 93 60 

Bradford, for support of Joshua L. Allice till his 

death, 10 40 

Barnstable, for support of Joseph Thompson till 

his death, 12 72 



608 PAUPER ACCOUNTS. 

Belchertown, for support of sundry paupers to 

June 1, 1827. 69 62 

Brookfield, for support of Abigail Severans to 

May 10, 1827. 28 16 

Beverly, for support of sundry paupers to June 

1, 1827, 109 58 

Bridgewater, for support of sundry paupers to 

June 7, 1827, 167 90 

Boston City, for support of sundry paupers at the 

House of Industry, to May 31, 1827, 3,685 31 

Boston City, for the support of sundry paupers, 

Juvenile offenders, to May 31, 1827, 124 78 

Boston (County of Suffolk) for support of sundry 

paupers at the House of Correction, to March 

31, 1827, 294 22 

Boston City, for support of sundry paupers not in 

the Poor House, to May 31, 1827, 1,618 44 

Cheshire, for support of sundry paupers, to May 

23, 1827, 123 00 

Chester, for support of sundry paupers, to March 

18, 1827, and second account, to June 1, 1827, 142 30 
Chelmsford, for support of sundry paupers, to 

January, 1827, 53 70 

Clarksburg, for support of sundry paupers, to 

June 1, 1827, 148 30 

Coleraine, for support of sundry paupers, to May 

28, 1827, 115 90 

Charlton, for support of Olivia Smith, to May 

26, 1827, 7 75 

Cambridge, for support of sundry paupers, to 

June 1, 1827, 927 86 

Chelsea, for support of Daniel Murphy, to April 

4, 1827, 12 60 

Charlestown, for support of sundry paupers, to 

June 7, 1827, 1,599 21 

Deerfield, for support of sundry paupers, to June 

1,1827, 58 23 

Danvers, for support of sundry paupers, to June 

6, 1827, 116 45 

Edgarton, for the support of Emanuel Salvers, 

to June 1, 1827, 46 80 



PAUPER ACCOUNTS. 609 

Enfield, for support of Deborah Buttersworth, to 

April 8, 1827, 46 80 

East Hampton, for support of John Cockran, to 

May 3, 1826, 28 16 

East Bridgewater, for support of sundry paupers, 

to June 7, 1827, 91 45 

Framingham, for support of James Briggs, to 

May 30, 1827, 23 40 

Great Barrington, for support of sundry paupers, 

to May 28, 1827, 107 60 

Gill, for support of Sarah Lynn and Mary Law- 
son, to May 21, 1827, 93 60 
Granville, for support of sundry paupers, to June 

2, 1827, 48 20 

Gloucester, for support of sundry paupers, to 

June 4, 1827, 437 80 

Harwich, for support of James Robbinson, to 

May 24, 1827, 70 07 

Hancock, for support of sundry paupers, to May 

28, 1827, (two accounts) 162 43 

Hopkinton, for support of Mary Saunders and 

Susan Parker, to June 8, 1827"^, 64 25 

Hardwick, for support of Elizabeth Walker and 

Charles Collins, to June 1, 1827, 31 10 

Ipswich, for support of Samuel Davis, to March 

4, 1827, 12 60 

Lenox, for support of sundry paupers, to May 

27, 1827, 153 07 
Leyden, for support of sundry paupers, to Mav 

26, 1827, " 184 89 

Lee, for support of sundry paupers, to May 29, 

1827, 170 80 

Lanesborough, for support of sundry paupers, to 

May 21, 1827, 148 00 

Mount Washington, for support of sundry pau- 
pers, to June 1, 1827, 38 51 

Methuen, for support of sundry paupers, to May 

28, 1827, ee 00 
Montague, for support of sundry paupers, to May 

30,1827, '"^ ^ 52 10 



610 PAUPER ACCOUNTS. 

Monson, for support of sundry paupers, to May 

I, 1827, 90 90 
Miiton, for support of sundry paupers, to June 

II, 1827, 128 75 
Middleborough, for support of sundry paupers, 

to May 1, 1827, 289 80 

Mendon, for support of sundry paupers to June 

1, 1827, 105 60 

New Ashford, for support of Patience Miles, to 

May 30, 1827, 63 90 

Norton, for support of James Norbury, to May 

28, 1827, 18 90 

Newbury, for support of sundry paupers, to June 

1, 1827, 765 59 

Newburyport, for support of sundry paupers, to 

June 1, 1827, 942 52 

Northampton, for support of sundry paupers, to 

June 5, 1827, 737 05 

New Bedford, for support of sundry paupers, to 

April 1, 1827, 813 20 

North Brookfield, for support of Esther Johnson, 

to May 7, 1827, 16 20 

Pembroke, for support of Mary GifFord, to June 

6, 1827, 9 90 

Plymouth, for support of sundry paupers, to June 

10, 1827, 38 30 

Richmond, for support of sundry paupers, to June 

1, 1827, 34 45 

Rochester, for support of sundry paupers, to May 

22, 1827, QQ 00 

Russell, for support of sundry paupers, to May 

27, 1827, 5Q 70 
Royalston, for support of Allice Clements, to 

January 13, 1827, 46 80 

Rowley, for support of sundry paupers, to May 

28,1827, 126 40 

Rowe, for support of sundry paujjers, to May 30, 

1827, ^^ '^^ 

Rutland, for support of Daniel Mundell, to May 

28, 1827, 4^ 00 



PAUPER ACCOUNTS. 611 

Roxbury, for support of sundry paupers, to June 

3, 1827, 232 25 

Robbinson William, Guardian, for supplies fur- 
nished Dudley Indians, 161 19 
Shutesbury, for support of Peter Jackson and 

Wife, to May 25, 1827, 93 60 

Sheffield, for >support of sundry paupers, to June 

1, 1827, 52 37 

Stockbridge, for support of sundry paupers, to 

June 1, 1827, 206 50 

Sandisfield, for support of Richard Dickinson and 

Wife, to May 26, 1827, 32 40 

Shrewsbury, for support of Adams Scunindo, till 

his death, 5 65 

Swanzey, for support of sundry paupers, to May 

26, 1827, 144 51 

Sharon, for support of sundry paupers, to June 

6, 1827, 87 50 

Southbridge, for support of sundry paupers, to 

May 3, 1827, " 40 99 

Salem, for support of sundry paupers to June 1 , 

1827, 1,170 82 

Southwick, for support of Daniel Marlow, to 

June 1, 1827, 46 80 

Topsfield, for support of sundry paupers, to May 

30, 1827, 86 40 
Townsend, for support of sundry paupers, to June 

1, 1827, 74 63 

Taunton, for support of sundry paupers, to May 

31, 1827, 243 62 
Winchendon, for support of Richard Furlong, to 

May 30, 1827, 17 10 

Williamstown, for support of sundry paupers, to 

June 1, 1827, 291 59 

West Bridgewater, for support of Thomas Quin- 

ley, to May 29, 1827, 14 40 

Ward, for support of Sarah Wiser, to May 10, 

1827, 46 80 

Worthington, for support of Eunice Bentley, to 

April 14, 1827, 18 11 

80 



612 SHERIFFS' & CORONEllS' ACCOLlNTS. 

Ware, for support of sundry paupers, to June 5, 

1827, 61 20 

Wilbraham, for support of sundry paupers, to 

May 21, 1827, ' 217 40 

Washington, for support of sundry paupers, to 

May 28, 1827, 103 50 

West Hampton, for support of sundry [paupei-s,] 

to June 1, 1827, 105 98 

West Springfield, for support of sundry paupers, 

to June 1, 1827, 86 25 

Westfield, for support of sundry paupers, to June 

1, 1827, 229 24 

Watertown, for support of sundry paupers, to 

June 1, 1827, 198 88 

Worcester, for support of sundrv paupers, to 

January 1, 1827, ' Q^ 06 

Western, for support of Joseph R. Trim and 

Thomas Humphrey, to June 1, 1827, 52 74 

Yarmouth, for support of Thomas Peters and 

Black Lett, to May 22, 1827, 129 60 



SHERIFFS' AND CORONERS' ACCOUNTS. 

MAY, 1827. 

Sheriffs. 

Horatio Leonard, for returning votes, &c. to June 

8, 1827, 25 04 

Isaiah D. Pease, for returning votes, &c. to May 

26, 1827, 8 00 

Coroners. 

Isaiah Alden, Jr, for inquisitions to December 

23, 1826, 12 40 

Abiel Cudworth, for inquisitions to May 1, 1827, 10 40 

Richard Colton, for inquisitions to June 1, 1827, 10 06 



PRINTERS' & MISCEL. ACCOUNTS. 61t> 

John Frink, for inquisitions to May 25, 1827, 13 00 

Ezra French, for inquisitions to May 28, 1827, 7 40 
Aaron Kingsbury, for inquisitions to November 

24, 1826, 14 92 

EUab W. Metcalf, for inquisitions to June 8, 1827, 10 65 
Thomas Needham, for inquisitions to June 12, 

1827, 9 72 
Wareham Shepard, for inquisitions to May 11, 

1827, 19 64 



PRINTERS' AND MISCELLANEOUS ACCOUNTS. 

MAY, 1827. 

Daniel Adams, for repairing Pump at the State 

House, to June 12, 1827, 13 00 

W. Adams, for Blacksmith work about State 
House, to 

Samuel Bowles, for printing laws, to May 1, 1827, 

Jos. T. Buckingham, for printing, to June 10, 
1827, 

James W. Burditt, for stationary, &c. furnished 
for General Court, to June 13, 1827, 

Ballard & Prince, for carpeting for State House, 

Henry Blaney, for sundry repairs about the State 
House, 

Samuel Bradley, for butt hinges for State House, 
to June 12, 1827, 

Ballard & Wright, for printing laws, and furnish- 
ing papers, &c. to June 16, 1827, 

Abraham Biirr, for sundries about State House, 
to June 15, 1827, 

Badger & Porter, for papers, &c. to June 16, 
1827, 

Beals & Homer, for papers, &c. to June 1, 1827, 

Henry Bacon, for services as Assistant Messen- 
ger, to June 16, 1827. 40 00 



18 02 


16 66 


93 03 


218 95 


19 92 


126 41 


30 26 


98 47 


164 32 


54 96 


4i 95 



614 PRINTERS' & MISCEL. ACCOUNTS. 

W. W. Clapp, for papers to June 15, 1827, 10 92 

Warren Chase, for services as Assistant Messen- 
ger, to June 16, 1827, 40 00 
\\m. Collier, for papers to June 15, 1827, 1 00 
Elijah P. Cutting, Assistant Messinger, for ser- 
vices to June 16, 1827, 36 00 
Elijah P. Cutting, for his son Wm. Cutting, Page 

to the Senate, to June 16, 1827, 16 00 

J. Dennis, for publishing laws, &c. to May, 1827, 16 67 
Earl & Chase, for printing laws to June 13, 1827, 16 66 
Charles Griffin, for printing laws to June 15, 

1827, 16 66 

Grant fc Daniell, for trimming for State House, 

to June 12, 1827, 88 34 

I. W. Goodrich, for stationary to May 25, 1827, 28 87 
Isaac R. Howe, for printing laws to May 1826, 16 66 
Nathan Hale, for printing and papers to June 16, 

1827, 27 69 

Sylvester Judd, for printing laws, &c. to May 23, 

1827, 16 67 

Jacob Kuhn, balance due on his annual account 

June 1827, 459 14 

Jacob Kuhn, Jr. for services as assistant Mes- 
senger, to June 16, 1827, 36 00 
Benjamin Lindsey, for printing laws to May, 

1827, 
Josiah Loring, for stationary to June 13, 1827, 
Benjamin Mudge, for printing and papers to June 

16, 1827, 
Wm. Nichols, for papers and printing to June 

15, 1827, 
Warwick Palfray, for publishing laws to June 

15, 1827, 
Sarah Pitts, for her son as Page to the House, 

to June 16, 1827, 
Joseph Root, for printing laws to June 1, 1827, 
Benj. Russell, for papers to June 16, 1827, 
J. B. Russell, for New England Farmer to June 

15, 1827, 
Rufus Saxton, for printing lav/s to June 1, 1827, 
Enoch H. Snclling, for setting glass, cleaning 



16 


67 


56 


07 


60 


77 


10 


00 


33 33 


16 


00 


33 33 


35 


71 


34 


14 


33 


33 



MILITARY ACCOUNTS. 615 

windows, &c. at State House, to June 15, 

1827, 45 50 

True & Greene, for State printing, &c. per ac- 
count, to June 15, 1827, 1,662 87 

Charles Webster, for publishing^ laws to May, 

1827, ^ 16 67 

Paul Willard, for services in the recess of the 

Legislature, to June 1, 1827, 16 00 

Young & Minns, for papers, printing laws, &c. to 

June 15, 1827, 30 63 



MILITARY ACCOUNTS. 

MAY, 1827. 
Division Court Martial, 
Holden at Andover, March 28, 1827. 



Maj. 


Caleb Cushing, Judsre Advocate, 


b UO 


Witness, Maj. Joseph L. Low, 


74 


u 


Benjamin Parker, Jr. 


1 46 


u 


Daniel B. Sticknev, 


1 54 


it 


Wm. M. Rollins, 


1 54 


u 


Benjamin Morse, jr. 
Daniel Atwood, 


1 38 
1 46 


a 


Jacob B. Emery, 


1 46 


ii 


James Morse, 


1 38 


•' 


Nathan Hardy, 


1 54 


,,; 


Ira Hopkinson, 
Simon Atwood, Jr. 


1 54 
1 46 


.' 


Charles Fairbank, 


1 46 


^i 


Moses Foote, 


1 38 


a 


Manly Hardy, 
Gardner Spafford, 
Aaron Parker, Jr. 


1 38 
1 38 
1 38 


Maj. 
Willi 


Caleb Gushing, for stationary, 
[am Flanders, service of citations. 


37 

4 80 


Wilham Brown, service of summons, 


2 60 


Michael Parker, " " " 


25 



tiie MILITARY ACCOUNTS. 

Division Court Martial, 

Holden at Oakham, March 6, 1827. 

Members. 

Col. John W. Capron, President. 
Lt. Col. Reuben Waters, Jr. 
Maj. Ehas JosUn, 
Capt. Clark Sumner, 
Capt. Andrew Gardner, 
Lt. Edwin B. Tainter, Martial, 
Serjt. Lewis Whiting, Orderly Serj. 
Aaron Brooks, Jr. Judge Advocate, 

Witnesses. 

Horace Bellows, 

Samuel Maynard, 

Eliakim Morse, 

Joseph Hastings, 

Andrew Spooner, 

John Hale, 

Skelton Felton, 

John Robinson, 

Alexander Crawford, 2d, 

Wm. R. Partridge, 

E. Wilder Fairbanks, 

Sumner Barr, 

Asa Barr, 

John B. Fairbanks, 

James Lovejoy, 

David Wisser, 

Elmer Earle, 

Sullivan Dean, 

Rice Fay, 
Aaron Brooks, Jr. for two subposnas and sta- 
tionary, 
Seth Holden, for summoning witnesses, 



30 


90 


22 


30 


21 


20 


23 


60 


23 


00 


18 


20 


9 


80 


35 00 


3 98 


3 


82 


1 


58 


3 


82 


3 


82 


2 48 


1 


90 


3 48 


3 


74 


1 


74 


3 66 


3 


80 


2 


80 


3 


66 


5 20 





74 


2 


24 


2 


32 


4 48 





70 


4 


88 



MILITARY ACCOUNTS. 



617 



Division Court Martial, 

Holden at Greenfield, March 30, 1827. 

Members. 

Col. Russell Hastings, President, 

Maj. Nahum Adams, 

Capt. Samuel Root, Jr. 

Capt. Roderick B. Harwood, 

Capt. Bela Shaw, 

Maj. William Bliss, Judge Advocate, 

Maj. EUsha H. Allen, Martial, 

Witnesses. 

Noah Wells, 
Nehemiah Hathaway, 
John Porter, 
Amos Shepherd, 
Alanson Clark, 
Dep. Sheriff William Riddle, Sheriff, for subpoenas, 
" " David Wright, " " " 

" " Ralph A. Severance, " " 

John Pinks, for fuel, &c. furnished, 
William Bliss, Judge Adv. for stationary, 

Division Court Martial, 

Holden at Sharon, on the 14th day of February, 1827. 

Members. 

Col. Aaron Capen, President. 

Lt. Col. Charles Rice, 

Maj. Thomas S. Mann, 

Maj. Javis Gay, 

Maj. Franklin Dexter, Judge Advocate, 

Adj. Frederick W. Lincoln, Martial, 

Maj. Franklin Dexter, for the Orderly Serj. 

Witnesses. 

Bradford Bilhngs, 
Rufus Curtis, 
Lemuel D. Hewins, 
Simon Gould, 



12 


30 


8 


40 


9 


00 


9 


10 


9 


00 


20 


00 


8 


10 


2 


76 


2 


60 


2 


04 


2 04 


2 


08 


1 


02 





90 





28 


4 50 


2 50 



10 


30 


8 


00 


7 


30 


6 


30 


14 00 


6 30 


3 


00 


1 


82 


1 


50 


1 


70 


1 


24 



G18 MILITARY ACCOUNTS. 

Increase Hewins, 

Benjamin F. Reynolds, 

Or in Smith, 

Frederick W. Lincoln, 

Charles Ide, 

Jeremiah Richards, Jr. 

Warren Fuller, 

Thomas E. Clark, 

Otis Fuller, 
. Hiram Leonard, 

Nathaniel Leonard, Jr, 

Oliver Johnson, 

Samuel D. Hixon, 

William Glover, 

Nathan Johnson. 

Joseph Morse, 

Lemuel Drake, 

Morton Drake, 

Lemuel Gay, 

.fesse Johnson, 

Lewis Gould, 

Willard Morse, 
Maj. Franklin Dexter, for stationary, 
Dep. Sheriff Lemuel Gay, for serving subpoenas, 

Aids de Camp to Major Generals. 

Ebenezer Torrey, to May 30, 1826, 
Aaron Brooks, Jr. to December 30, 1826, 
James Talbot, to June 8, 1826, 

Brigade Majors. 

Wyman Richardson, to June 6, 1827, 
Thomas Sheldon, to December 30, 1826, 
Joseph S. Low, to June 14, 1827, 

Adjutants. 

Jonathan Wild, Jr. to December 30, 1826, 

Andrew Mansfield, Jr. to December 30, 1826, 

John Towne, to May 21, 1827, 

Charles P. Bailey, to December 30, 1826. 

David Loring, to December 30, 1826, 32 00 





58 




58 




98 




74 




50 




58 




m 




74 




58 




58 




58 




58 




58 




58 




58 




16 




32 




24 




40 




16 




74 




74 


3 


32 


6 


00 


10 42 


9 


72 


10 


97 


40 


00 


40 


00 


40 00 


25 


00 


25 


00 


25 


00 


25 


00 



MILITARY ACCOUNTS. 619 

Francis Conant, to December 30, 1 826, 
Israel Longley, to December 30, 1826, 
Elijah Dickinson, to May 1, 1827, 
Amos Shepard, to May 23, 1827, 
Hector Orr, to June 30, 1826, 
Spencer Gloyd, to December 30, 1826, 
David Cobb, Jr. to December 30, 1826, 
Joseph HambUn, to December 30, 1826, 
E. A. Howard, to June 1, 1827, 
John Ammidon, to April 11,1 827, 
Horace Bissell, to March 1, 1827, 

Hauling Artillery, 

James Tirrell, for 1826, 

Horatio Wood, for 1826, 

William Center, for 1826, 

Zebedee Morrill, for 1826, 

H. Walker, Jr. for 1825, 2 50 

Joseph Adams, for 1825, 5 00 



25 00 


25 00 


25 00 


25 69 


12 50 


37 50 


50 00 


25 00 


50 00 


18 82 


17 50 


15 00 


22 00 


12 00 


10 00 



AGGREGATE OF ROLL No. 97. 

MAY, 1827. 

Expense of State Paupers, 20,799 99 

" " Printers' and Miscellaneous acc'ts, 3,864 25 
Military Accounts, 
Aids de Camp to Maj. Generals. 3111 

Brigade Majors, 120 00 

Adjutants, 444 03 

Hauling Artillery, Q& 50 

Courts Martial, 486 92 — 1,148 bQ 

Sheriffs' Accounts, 108 19 

Coroners' Accounts, ^S 04 



Total, $ 25,954 03 
81 



620 RESOLVE. 

Resolved, That there be allowed and paid out of the 
Public Treasury, to the several Corporations and Persons 
mentioned in this Roll, the sums set against such Corpo- 
rations' and Persons' names, respectively, amounting in the 
whole, to the sum of twenty-five thousand, nine hundred 
and fifty-four dollars and three cents, the same being in 
full discharge of the accounts and demands to which they 
refer. 

In Senate, June 16, 1827. — Read twice and passed, 

Sent down for concurrence. 

JOHN MILLS, President, 

• 
House of Representatives, June 16, 1827. — Read twice, 

and passed in concurrence. 

WILLIAM C. JARVIS, Speaker. 

June 16, 1827. 

Approved, 

LEVI LINCOLN. 



K^ommontoeaUfi of M^^^^^^^titu. 



SECRETARY'S OFFICE, JULY 12, 1827. 

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

EDWARD D. BANGS, 

Secretary of the Commonwealth. 



INDEX 

TO RESOLVES OF MAY AND JUNE SESSION, 1827. 



Accounts, Committee of, paid for services, 606 

Roll of. No. 97, 607 



Berkshire, additional tax granted for, - 599 

Bowles Joshua, lands may be conveyed according to his petition, - 593 
Bristol Agricultural Society, allowance to, on account of omission to 

receive bounty due to them, 606 

C. 

Clerks of Senate and House, pay of, provided for, - . - 604 

Coleraine, records and doings of, confirmed, - - . . 593 

Commissioners to be appointed to survey a route for a Railway from 

Boston, westward, --.--._. 539 
Commissioners of Internal Improvements, compensation of, increased, 601 
*' on subject of State Prison, paid for services, - - 602 
Congregational Parish, first in Plymouth, may call parish meeting, 585 
Contingent fund for use of government, provided, ... 591 
Council and General Court, pay of, provided for, - - - . 603 
Currier Jacob B. jun. and another, may receive conveyance of inte- 
rest of certain minors, 586 

F. 

Fuel, &c. to be purchased for the use of government, - - - 605 



ii INDEX. 

G. 

General Court, &c. pay of, provided for, ..... 603 
Governor's Speech, - -- 573 

'* Message, informing of Gen. Crane's resignation, - 585 

Governor, authorized to appoint Commissioners to survey route for a 

Railway, from Boston, westward, ------ 589 



Internal Improvements, board of, allowed further compensation, 601 

" " appropriation for, 603 

K. 

Kuhn Jacob, Messinger to General Court, pay of, . - - 593 

Laws, how printed and distributed, ' - - - - - - 591 

Low John V. pay of, provided for, .---.- 605 
Lyman Joseph, and another, authorized to convey certain real estate, 594 

M. 

Maine, township granted to, on condition of making certain State 

Road, 595 

Morey John, discharged from imprisonment, . - - - 595 

P. 

Plymouth, first Congregational parish in, may call parish meeting, 585 

R. 

Railway, from Boston to Hudson River, route for, to be surveyed, 589 

S. 

Secretary directed respecting publication of laws, . - - 591 
Spooner Nathaniel S. authorized to convey certain real estate, - 592 
" " " " " real estate of certain mi- 
nors, 599 

State Road to north line of Maine, provision for, . . - - 595 
State Prison, appropriation for new building at, . , - - 597 
Statue of Washington, to be placed in building connected with State 

House, 588 

Stetson David, allowance to, as member of last General Court, - 588 



INDEX. iii 

T. 

Tax granted for Berkshire, - 599 

Thomas Ezra T. an officer in the militia, honourably discharged, - 587 

Thompson Emerson, paid for apprehending criminal, . - - 602 

Thompson David, an old soldier, pension of, increased, - - 604 

Treasurer authorized to borrow money, ----- 590 

w. 

Washington Monument Association, authorized to place Statue in a 

building connected with State House, ----- 588 

Wells Lydia, released from execution against her, - - - 596 

White Eliza, authorized to sell estate of certain minors,. - - 597 



/. 



RESOLVES 

OF 

THE GENERAL COURT 

OF TH« 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 

WHICH BEGAN 0« WEDNESDAY, THE SECOND OF JANUARY, AND ENDED ON THVASOAT, 
THE THIRTEENTH OF MARCH, ONE THOUSAND EIGHT HUN- 
DRED AND TWENTY-EIGHT. 

GOVERNOR'8 MESSAGE. 

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



MESSAGE ; 



Gentlemen of the Senate, and 

Gentlemen of the House of Representatives : 

Having re-assembled for the dispatch of public business 
in the Legislative Department of the Government, your 
attention will naturally be first directed to those subjects 
which were presented for consideration, at the com- 
mencement of the political year, and to the measures which 
were then postponed, to await this more convenient op- 
portunity for mature discussion, and a deliberate and ju- 
dicious disposition. 



626 GOVERNOR'S MESSAGE. 

The present lime is preeminently favourable to a faith- 
ful and successful discharge of official obligations. In the 
entire absence of all topics for party excitement here, 
with a sentiment abroad and extensively prevailing and 
growing in the community, auspicious to the application 
of the highest means for intellectual, moral, and physical 
improvement, those who stand in responsible stations, have 
little to regard, but the greater occasion, which a state of 
prosperity creates for enlarging the capacities of public 
enjoyment, by strengthening and multiplying institutions 
for the lasting security of civil liberty, and forming estab- 
lishments and encouraging enterprizes to advance the 
business and promote the beneficial interests of society. 
It will continue to be, v.'ith an earnest and anxious desire 
to fulfil the duties of the relation which I am perm.itted to 
sustain towards you, that I shall seek to co-operate in 
whatever measures may be proposed for the best service 
of our immediate constituents, and the peace, honor, and 
welfare, of our common country. 

The Legislature having made competent provision, at 
the last session, for constituting a general Board of Inter- 
nal Improvement, and also a Special Commission to sur- 
vey a Route for a Railway from the city of Boston, ivest- 
ivard, to the line of the State, and thence, if circumstances 
should invite, to the Hudson river, in the State of New- 
York, an immediate attention was given, by the Executive, 
to the appointment of suitable persons, to discharge these 
arduous and responsible offices ; gentlemen were selected, 
in the single consideration of competency to the service, 
from the number of distinguished individuals who were 
recommended by expressions of public confidence, or were 
known to possess peculiar qualifications for the employ- 
ment. Pecuniary means for commencing the work were 
drawn from the appropriations of the Legislature and 



GOVERNOR'S MESSAGE. 627 

placed at the control of the respective Boards, and every 
possible arrangement was made to expedite the accom- 
plishment of their assigned duties. The Commissioners 
promptly entered upon their engagements, and have pro- 
secuted their labors with exemplary fidelity and persever- 
ance, through fatigue and constant exposure to all the 
changes of the late unusual and inclement season. Fre- 
quent storms and early cold have, however, greatly re- 
tarded their progress, and their examinations and surveys 
must necessarily have been less extensive and complete, 
than were intended. The precise details of the Reports 
which are to be expected, cannot now be anticipated. I 
have been assured, that they will be presented, as soon as 
it will be practicable to revise the minutes of surveys but 
recently made, to prepare the plans and estimates of 
expense, and somewhat, to arrange the mass of facts 
wliich have been collected in the country, from various 
and disconnected sources, to exhibit the extent of business, 
and the consequent occasion and inducements to the pro- 
posed improvements. In the mean time, it may be grati- 
fying to our fellow citizens to be informed, in the general, 
that the Commissioners of the Western Railway, under 
the sanction of that indulgence which was solicited from 
the Executive of New-York, have been enabled to extend 
their observations as far as the Hudson; that they have 
approached this extreme limit by different routes, which 
they have carefully examined, and are able accurately to 
compare, and that no greater obstacles are found to the 
whole undertaking, than an enlightened spirit of enter- 
prize, and the useful application of means, from the abun- 
dant resources of a prosperous people, may successfully 
overcome. Their Report will probably again present to 
the Legislature the interesting question of encouraging, 
by public appropriations, works of internal improvement ; 



628 GOVERNOR'S MESSAGE. 

and if a sense of pecuniary interest may dictate any thing 
to official duty, or the love of home can add aught of mo- 
tive to a generous regard for country, a consideration of 
the peculiar benefits which may be secured to the Com- 
monwealth, alike with the suggestions of patriotism, which 
oftentimes exacts contributions for objects conducive to 
national grandeur and happiness, will direct to wise and 
liberal proceedings on the subject. 

The general Board, under sundry resolves of a former 
Legislature, have had their attention directed to various 
objects. They were charged with the surveys of a route 
for a Railway from the city of Boston to Providence, and 
of a route for a Canal from the city, by the waters of 
Charles River, to the Blackstone Canal, and thence to 
the line of Connecticut, to connect with the proposed 
Canal from Norwich in that State, and also with a survey 
and an examination of the capacities of country to fur- 
nish a supply of water, without prejudice to existing hy- 
draulic works, for a Canal from Western in the county of 
Worcester, to meet the Canal last mentioned from Con- 
necticut. The causes before adverted to of weather and 
season, will prevent a full report upon all these subjects, 
during your present session. The Commissioners, as 1 
am advised, have been able to complete only the exami- 
nation and surveys of two entire Routes for a Railway to 
Providence, with such lateral surveys as might assist in 
determining their precise direction and in the preference 
to be given between them. On either route, the country 
is found remarkably level and feasible for the proposed 
improvement, and no unexpected difficulty has appeared, 
discouraging to the undertaking. A particular report, by 
the Commissioners, of the performance of this portion of 
their duty, is promised to be soon placed in my power to 
lay before you, in compliance with the direction in the 



GOVERNOR'S MESSAGE. 629 

Resolves. The Routes for the contemplated Canals have 
been partially examined and some surveys made upon 
them, but it will require further opportunity, in a more fa- 
vourable season of the year, to finish the service. 

A commission constituted pursuant to a resolve of the 
Legislature of the fifteenth of February last, upon the pe- 
tition and representation of the tenants of certain estates 
in the town of Freetown, in the County of Bristol, who 
held under titles derived from the Commonwealth, and 
against whom a legal recovery had been had in the Cir- 
cuit Court of the United States, upon an adverse and par- 
amount title, has been fully executed since the recess of 
the Legislature, and a compromise and final settlement 
concluded between the Commissioners on the part of the 
Government, and the Demandant of the lands, by which 
the tenants are now quieted in their possessions. It sat- 
isfactorily appeared, that in the original process of con- 
fiscation, under the absentee act, so called, against the 
ancestor of the demandant, by which the Commonwealth 
acquired their title, the character of his interest in the 
lands was wholly misconceived, and that the judgment in 
that case, operated only upon an estate in hifn, for life. 
The demand by the party, plaintiflf in the late suits who 
claimed the estate, as a remainder in tail, had been stren- 
uously resisted by the tenants in possession, with the aid 
of able counsel employed by themselves, and of the solici- 
tor general instructed thereto by the Legislature, and a 
learned Court had deliberately adjudged the law, in favor 
of the right to recover. The Commissioners also found, 
that thirty two Deeds had been given by the Agents for the 
Government, of diflferent portions of the estate described 
in the judgment of confiscation, in all of which were ex- 
press covenants of warranty of title to the Grantees, and 
that already seventeen suits had been instituted to evict 



630 GOVERNOR'S MESSAGE. 

them, or those who held under them. In two of these 
suits which had been tried, the provisions of the betterment 
act were pleaded, but the verdicts of impartial Juries af- 
forded little relief in their application. The whole subject, 
when thoroughly examined and understood, presented but 
a prospect of continued vexation and distress to the te- 
nants, and of increasing responsibility and expense to the 
State, which could only be averted by a compromise, which 
should end litigation. Under these circumstances, and 
after much time and labour devoted to an investigation of 
the merits of the case, and earnest and often repeated en- 
deavours to obtain the best conditions of settlement, the 
Commissioners concluded an agreement with the Demand- 
ant, which, upon revision and mature consideration, has been 
ratified by the Executive. By the terms of the agreement, 
the Demandant was to execute to the Commenwealth a 
conveyance of his whole estate in the lands, in fee simple, 
and to receive from the Treasury in full consideration, the 
sum of seventeen thousand five hundred dollars, together 
with the taxable costs in the actions which had been com- 
menced, amounting to about seven hundred dollars more. 
The conveyance has since been made, and the money 
paid accordingly. 

Of serious concern as this business has thus unexpectedly 
proved, its amicable adjustment cannot but be regarded as 
favourable to the interests of the Commonwealth. The 
legal title of the Demandant could no longer be controverted. 
Although it was adjudged by a subordinate jurisdiction, 
yet so satisfactory had that decision appeared to a Com- 
mittee composed of professional men to whom the subject 
was referred by a former Legislature, to the eminent law- 
yers who constituted the late commission, and to the 
Executive Council, that no reasonable expectation was to 
be indulged of a different result, upon an appeal to the 



GOVKUNOK'S MESSAGE. 631 

highest tribunal. On the other hand, the obhgation to 
indemnify tiie tenants, and save them undisturbed in the 
enjoyment of their possessions, resulted from express 
stipulations, which, whatever might be the capacity to 
enforce them, were binding in law, as well as in equity, 
upon the Government. The price to be paid for the land 
w^as indeed great, but not greater than the value, as it had 
been already found by the verdicts of two Juries, (regard- 
mg the just proportion of the parts recovered to the wliole,) 
nor yet so great as the estimate by disinterested and judi- 
cious men, called by the Commissioners to aid in its ap- 
praisement, nor as it was held by the tenants themselves. 
The papers which will be laid before you, will more fully 
explain all the measures which were taken to protect the 
interests of the State in the transaction, and will abun- 
dantly show, that however much the sacrifice, at first view, 
may appear to have been, no more has been yielded, than 
was due alike to the claims of justice, and to considera- 
tions of the highest expediency. 

The Legislature havinfj, bv an order of the last session, 
required returns of the number of Deaf and Dumb persons 
in the several towns of the Commonwealth, with a view, 
probably, to more general and adequate provisions for the 
relief of this afflicted class of our Fellow Beings, it becomes 
proper, that I should communicate to you, a suggestion 
made by Mr. Gallaudet, the Principal in the Institution at 
Hartford, in an official correspondence with this Depart- 
ment, of the inexpediency of sending Pupils to the Asylum 
under the age o^ fourteen years. He remarks, that "if 
they are to enjoy the privileges of an education, and the 
males of learning a trade, the time between the ages of 
fourteen and eighteen will be vastly more valuable to them, 
than an earlier period." Ii cannot but convey the high- 
est gratification to every philanthropic mind to be assured, 
83 



G32 CJOVKHNOK'S MESSAGE. 

that the munificent and enhghtened charity of this Com- 
monweahh in aftording, for years, the means of instruc- 
tion, and of future usefnhiess and enjoyment to more than 
one third of the whole number of Pupils in this interesting 
Institution, has been followed by the most conclusive evi- 
dence of corresponding improvement and benefit. There 
have been no instances of an abuse of the public bounty. 
Under a practical construction which has been given to 
the Resolves of the Legislature, every person, who upon 
trial is found incapable of profiting by a continuance at 
the Asylum, is summarily removed, to give place to others 
who have talents to reap its advantages. There is also 
equal cause to be satisfied with the treatment of the pupils, 
and the reasonableness of the charges for their support. 

It is with much regret, that I find occasion again, to 
call the special attention of the Legislature to the con- 
cerns of the State Prison. Whence it arises, that disap- 
pointment in results so often follows the best promises of 
success, in the affairs of that establishment, is not easily to 
be explained. Certain it is, that some more thorough in- 
vestigation is required to discover the difficulties which 
may exist, than has yet been attempted. In the history of 
the Institution, we have, at one time, complaints of its 
onerous expense, and at another, objections to its police 
and discipline. The public mind has never been suflfered 
to be long satisfied with its condition, or well assured of 
its future improvement. For the iew last years, the 
great source of disquiet was in the hopelessness of moral 
reform in the convicts, from the manner of their confine- 
ment, and the consequent opportunities allowed them for 
association and evil communications with each other. 
Scarcely is this cause of uneasiness removed, by an effec- 
tual provision of the Legislature, for the construction of a 
building to admit of their greater restraint, when an un- 



GOVERNOR'S MESSAGE. 633 

looked for and astonishing reverse appears in the business 
concerns of the Institution. For the three years next 
preceding the last, the annual reports had exhibited large 
balances of credit to the Commonwealth, from the net 
earnings of the Prison. These balances respectively, in 
1824, approximated to foitr thousand dollars; in 1825, 
exceeded ten thousand dollars; and in 1826, amounted to 
nine thousand seven hundred and nineteen dollars and seven- 
teen cents. The accounts for the year 1827, on the other 
hand, now present a balance of debit against the Common- 
wealth of more than six thousand dollars; thus producing 
a difference and loss, of nearly sixteen thousand dollars^ 
between the operations of the last and the average of 
the two next preceding years. In the mean time, there 
has been no change in the discipline of the Prison, by 
which the labor of the convicts has been diminished ; nor 
is a sufficient explanation to be found in their somewhat 
reduced number, in the course of the past year. The 
erection of the new building can have contributed nothing, 
(if the accounts are rightly stated,) to the occasion of the 
deficit, inasmuch as the labor of the convicts employed 
upon it, with the cost of materials, and every other ex- 
pense thereby incurred, are carried to the credit of the 
Institution. The fact which appears, is the more inter- 
esting and important, as it tends to defeat an expectation, 
which had become confidenlly indulged, that without 
yielding any thing of intended improvement in discipline 
and salutary and more severe restraints, to views of profit, 
the Prison might, nevertheless, well be made to indemnify 
the Government from expense in its future support. The 
hammering ofstone had furnished the principal {)roportion of 
the amount of earnings in former accounts, and this em- 
ployment, decidedly the best adapted to the character and 
condition of healthy convicts, was looked to, as a certain 



634 GOVERNOR'S MESSAGE. 

and permanent source of productive labor. It has lamen- 
tably happened however, that this branch of business, 
both in extent and in value, has greatly fallen off at the 
Prison, during the year. 

On receiving the Report of the' Directors, by which the 
unfavourable state of the accounts v^^as first communicated 
to the Executive, at their annual visitation of the Prison 
in October last, such explanations were orally requested, 
as the occasion seemed to demand. Subsequently, upon 
the suggestion of the Directors themselves, I addressed to 
them, as also to. the Warden, written communications, 
proposing precise and definite interrogatories upon the 
several points of inquiry, which were deemed important to 
a right understanding of the subject. To these, answers 
have since been given, and copies of the whole corres- 
pondence, with the Reports of the Officers of the Institu- 
tion, are transmitted for your consideration. 

It is but proper to add, that the Government of the 
Prison, in its influence upon the deportment of the con- 
victs, through the year, has been entirely satisfactory. 
The Directors and other officers have, with assiduity and 
success, applied themselves to detect and repress every 
improper indulgence, and to enforce sobriety of behaviour 
and submission to authority. The Reports of the Direc- 
tors and of the Physician, respectively, will be found to 
contain an earnest and elaborate vindication, deserving of 
your particular attention, as guardians of the character of 
the Commonwealth and its Institutions, against imputations 
which have been recently and extensively circulated in a 
popular publication, of mismanagement and abuses in the 
government of the Prison. 

In answer to enquiries directed to the Warden, he has 
furnished a <2;cneral statement of the progress which has 
been made in the erection of the new building, with 



GOVERNOR'S MESSAGE. 635 

the aggregate amount of cost hitherto, and an estimate of 
expense for its completion. By this exhibit, a copy of 
which is herewith communicated, you will also be informed 
of the manner and time, in which he proposes to finish the 
building, and of the necessity of further appropriations to 
the purpose. An inspection of the work must produce 
entire conviction, that it has so far been executed in the 
most thorough and durable manner. It should be prose- 
cuted and hastened to its accomplishment by the applica- 
tion of all reasonable means. In whatever else there may 
be disappointment, no apprehension should be indulged, 
that the utility of this improvement will be lost upon the 
future favourable condition of the convicts. The day of 
the occupation of the structure will be regarded as an 
epoch in the history of penitentiary reform. Solitary con- 
finement, in its narrow cells, will constitute an outward 
seclusion from crime, and powerfully tend to subdue every 
inward incitement to sin. 

During the past year, the Commissioners under the Act 
for the separation of Maine from Massachusetts have made 
further progress iu the surveys and division of the public 
lands, and have divided and assigned in severalty, between 
the two states, in distinct Townships and Tracts, nearly 
eight hundred thousand Acres, lying Southerly of the line 
run west from the Monument, and east and west of the 
Moosehead Lake. Transcripts of their records, duly au- 
thenticated by them, with plans and field notes, taken un- 
der their direction, which respect this division, have been 
returned to the office of the Secretary of the Common- 
wealth, and are deposited in the archives of State, pursu- 
ant to the provisions of the Act. Copies of the instru- 
ment of partition and assignment of the lands, containing 
a descriptive enumeration of the respective parts and quan- 
tities, together with a communication addressed to me by 



656 GOVERNOR'S MESSAGE. 

the Commissioners, are transmitted for your information. 
Under this Commission, there have now been divided and 
assigned of the pubhc lands in the State of Maine, an ag- 
gregate of about jive millions of Acres, which, the Com- 
missioners say, " embraces probably all that for some time 
to come will be needed for actual settlement, and also the 
most of that which is exposed to depredation and plunder." 
They represent, that " the residue of the undivided land 
lies in regular and compact form, to the greater part of 
which, the British Government is understood to have laid 
a claim, which, however unfounded, (they suggest) would 
much embarrass their future proceedings," and they ask 
direction from the Legislature of the respective States in 
relation to their remaining duties, and for an additional 
appropriation of money to the purposes of the Commission, 
if they shall now be required to prosecute them. 

Although the enquiries suggested by the Commissioners 
are particularly addressed to the consideration of the 
Legislatures, and can be disposed of only by them ; yet I 
cannot but feel it proper to remark, that the act of Sepa- 
ration being in the nature of a compact between this Com- 
monwealth and the people of Maine, the execution of one 
of the terms of it, which requires the division of the public 
lands within the period of ten years, is not to be dispensed 
with, but by mutual agreement. If, therefore, that por- 
tion of the allotted time, which is yet unexpired, might be 
regarded as too short to admit of delay in the completion 
of the service, a suspension of the work should not be in- 
sisted on by either of the parties against the consent of 
the other. But considering the situation of the remaining 
undivided Tract, there seems no urgency for hastening 
the division. It is represented to lie in a shape suscepti- 
ble of easy partition, hereafter, by geographical lines, and 
it is mostly situate too remote from settlements, in a yet 



GOVERNOR'S MESSAGE. 637 

almost unexplored wilderness, to justify the expense at 
present, of that particular examination which is necessary 
to ascertain the relative value of the different parts. Be- 
sides, if the division is to be had upon surveys, these can- 
not now be effected without certain and direct collisions 
with British authority, by which nothing is to be gained 
either to the right or the enjoyment of the property. If it 
is to be made by the Map, the work is, at any time, within 
the compass of a few hours, and may be done whenever 
there is occasion. Delay will not justly be regarded as 
giving countenance to the extravagance of the British 
claims. The possession of the whole of the land by the 
States in common, is no less opposed to acquiescence in 
an adverse title, in that government, than a several pos- 
session of the parts. The question of postponing the par- 
tition, for a season, should be treated as one, merely of 
domestic expediency, to be determined at the pleasure of 
ihe States, and in no degree to prejudice the more impor- 
tant subject of foreign controversy. 

To the recent occurrences in the North Eastern section 
of the State of Maine, the Government of this Common- 
wealth cannot be indifferent. After the measures which 
were heretofore adopted, for suspending the Resolves, for 
quieting settlers in their title to lands in the neighbour- 
hood of the St. Johns and Madavvascah Rivers, and for 
the construction of the Fish River Road, all within the 
line claimed by the United States as their certain Boun- 
dary, it was not to have been expected, that complaints 
would be heard of hostile acts, alleged to have been com- 
mitted by the authority of a Government, which had first 
proposed mutual forbearance in the exercise of jurisdiction 
and the rights of property, upon the disputed territory. 
Whatever may hereafter prove to be the true character of 
the late proceedings, by officers of the Province of '^eyv- 



638 GOVERNOR'S MESSAGE. 

Brunswick, there is doubtless much occasion for alarm 
and anxiety on the subject. Collisions often repeated, 
even between private individuals, inhabitants of a border 
country, who claim justification and protection from dif- 
ferent sovereignties, must necessarily lead to the most se- 
rious public results. Upon the first distinct intimation of 
the aggressions which are complained of, a letter was ad- 
dressed to the Governor of Maine, requesting information 
of the nature and extent of the wrongs which had been 
suflfered, and expressing the sympathy of this government 
with the people and government of the State over which 
he presides, under any injuries which had been inflicted, 
and a readiness to co-operate in all justifiable and consti- 
tutional means to obtain redress. I was informed in re- 
ply, that a special agent had been appointed, to ascertain 
the facts, the issue of whose enquiries has not yet been 
communicated. It is satisfactory to know, that the sub- 
ject is also in a course of investigation by the General 
Government, and there is reason to hope, that by discreet 
and faithful counsels, as by firm resolves, the present 
threatenings of evil may be averted. But the excitement 
which has been created in the neighbourhood of the 
events, should be admonitory to a speedy removal of the 
cause, which otherwise may again, at any time, produce it. 
Not only the interests of the States owning the property, 
but the peace of the Nation demands, that this boundary 
should be distinctly designated upon the face of the comitry. 
It is but a matter of the strictest right. The sovereignty 
of States is not to be abridged, nor the claims of citizens 
to protection and the enjoyment of the privileges of free- 
men to be sacrificed, by unreasonable delays, or compro- 
mising negotiations. Where the land marks were defined 
to be, on the recognition of our National Independence, 
there they are to remain established. The occasion to 
reneiv^ furnishes no authority to remove them. 



GOVEUNOR'8 MESSAGE. 639 

That object of ceaseless concern, the Massachusetts 
claim, has not failed to receive due attention, from the 
Executive. It must be well remembered, that early in 
the second session of the last Congress, on the motion of 
an honourable member of the House of i^epreseniativcs 
from a neighbouring State, it was suddenly sent back to 
the Secretary of War, with instructions to report upon 
the supposed apphcation of certain discriminating prin- 
ciples to the different items of the service. Although this 
measure, however intended, cannot but be regarded as an 
act of great injustice to the rights of the State, in as much 
as it could not fail to produce further delay in the settle- 
ment of the accounts, yet so decidedly and summarily was 
it adopted, as scarce to afford opportunity for remon- 
trance or objection. The reference was indeed actually 
made, before it could be known here, that it had even 
been proposed. It might have been shown, as it is be- 
lieved, that every fiict important to a dispassionate discus- 
sion of the question of allowance was within the control 
of the House. The auditing of the accounts had already 
once been had, and the general evidence upon which the 
merits of the case rested, was to be found in a mass of 
published documents, in the possession of every member. 
The subject having, however, been imperatively disposed 
of by the House of Representatives, there remained no- 
thing but a necessity for acquiescence, until the Report of 
the Secretary could be made. The pressure of business 
in his department, precluded the expectation of this, du- 
ring the residue of a short session of Congress. 

In the execution of the duty required of the Secretary, 
he has deemed it essential to a compliance with the order 
of the House, that an entire revisal of the accounts should 
be had, and this preliminary service was immediately as- 
signed to the third Auditor of the Treasury. 
84 



(540 GOVERNOR'S MESSAGE. 

This officer, as I am informed, has since, and to this 
time, been principally occupied, with the assistance of two 
clerks, in a minute scrutiny of all the charges, and in 
preparing exhibits, referring each particular item to its 
appropriate voucher. The work is now understood to be 
nearly accomplished, and the Report of the Secretary 
may reasonably be soon looked for. When obtained, it 
may furnish occasion for further communications to you 
on the subject. 

From the passing of the Resolve of the 20th of June 
1826, empowering the Governor with the advice of the 
Council '• to appoint an agent to prosecute the claim, and 
to perform all requisite services in respect to it, under in- 
structions from the Executive, whenever a bill for its pay- 
ment in whole or in [)art may be passed by Congress, or 
such other circumstances may occur as to make the ap- 
pointment of such agent expedient," I have not been ad- 
vised, that there was occasion, at anytime, to execute the 
authority. The Delegations from Massachusetts and 
Maine have been repeatedly consulted on the subject, 
and such information as I have been enabled to obtain, by 
diligent application to the best sources of intelligence, has 
been faithfully submitted to the consideration of the Ex- 
ecutive Council, who have unanimously concurred in the 
opinion, that such appointment, under existing circum- 
stances, was not required. The peculiar character of 
the investigation directed by the Secretary, excluded any 
aid from an agent of the State. The service was in 
charge of an able accountant, who had before gone over 
an examination of the papers, with the former agent, and 
was familiar with their general import and arrangement. 
Two gentlemen of the Delegation have been more par- 
ticularly requested to give their attention to those enqui- 
ries which the interests of the Commonwealth might sug- 



CiOVERNOR^S Mb:SSACK. UX 

gest, and upon consultation with their colleagues, and the 
Delegation from Maine, to favor me with such communi- 
cations, from time to time, as the state of the business 
should render proper. It is believed, that, in this manner, 
ail valuable information has been obtained, and the ex- 
penses of a special agency, which must have been in a 
great degree useless, are altogether saved. 

It is in the discharge of a duty, no less painful than im- 
perative, that I present to your notice the state of the fis- 
cal concerns of the Commonwealth. This subject has, 
more than once, been made the topic of earnest appeal to 
the provident forecast of those, who alone were competent 
to supply the means of public revenue. That which ex- 
pediency has failed to influence, necessity will now demand. 
As was anticipated on the last annual exhibit of the trea- 
sury, it has resulted, that, in the omission to provide ad- 
ditional sources of income, the expenditures have greatly 
exceeded the receipts of the year. It appears by the Treasu- 
rer's accounts, made up to the first day of the present month, 
that this excess amounts to sixty three thousand, three hun- 
dred and eight dollars and nine cents. At the close of the 
last year, the balance of cash in the Treasury was eighty 
three thousand, seven hundred and seventy four dollars and 
eighty two cents, which is now reduced to twenty thousand, 
seven hundred and ninety six dollars and thirty three cents 
and upon this, even, there are claims for services already 
rendered, and on warrants and rolls, and for salaries due, 
sufficient for its entire exhaustion. The total of the Bank 
taxes for the year have been paid in, and there is nothing 
more to be obtained from this principal resource, until 
after the first of April next. In the mean time, the ex- 
penses of the support of Government, the civil list, your 
own legislation, can be discharged only by a resort to 
loans. The fact is to be stated plainly, that the exigency 



G\2 GOVKUiVOR'S MESSAGE. 

may be understandingly and fiiirly met. In a (cw days, 
there will not be a dollar in the Treasury applicable to 
either of the above purposes, except by borrowing. In- 
deed, in the course of the past year, it has repeatedly 
been made necessary for the Treasurer, under the autho- 
rity of former Resolves of the Legislature, to apply to the 
Banks for money, in anticipation of the Bank taxes and 
auction duties, v»'hich are payable only at stated periods, 
and which, with the exception of small sums occasionally 
received on Bonds and Notes given for sales of eastern 
lands, are now the only sources of Revenue. It has been 
heretofore shown, that the ordinary expenses of Govern- 
ment, according to the average of late years, could not be 
defrayed, by tiiese means. In 1826, the sum of twenty 
nine thousand, six hundred and Jifty Jive dollars and ninety 
five cents, of the arrearages of direct taxes granted by the 
Legislature in preceding years, was received into the 
Treasury, and yet there was a deficit; while but three 
hundred and sixty five dollars 3.nd fifty nine cents remained 
to be paid, on this account, in 1827. On the other hand, 
by recurring to the history of recent legislation, it will 
not be difficult to assign causes for much of the increase 
of expense, by which the amount of annual income is 
absorbed. 

Within a few years the whole cost of the administration 
of the Probate laws has been cast upon the Treasury. 
The Legislature has been the almoner of the public cha- 
rity, in liberal and most beneficent contributions to the 
support of the Deaf and Dumb. Agriculture and Manu- 
factures have received a well justified bounty in the en- 
couragement given to Agricultural Societies. The Com- 
mission for the division of the Eastern Lands under the 
Act for the separation of Maine, has necessarily been of 
expensive execution. Measures have been pursued for 



GOVERNOR'S MESSAGE. 643 

the advancement of objects of general improvement. The 
business of legislation has been wholly compensated 
from the common fund. In the course of the past year, 
still more extraordinary charges have been incurred. Near- 
ly Twenty-one Thousand Dollars have been paid in the 
settlement of the suits for the recovery of the confiscated 
lands in the County of Bristol, and in another indemnity 
to certain heirs to an estate in Charlestovvn in the County 
of Middlesex, which was erroneously adjudged to have 
escheated to the Commonwealth, and had been sold on 
account of the Government, and Ten Thousand Dollars 
have been applied towards the construction of the 'New 
Prison. Many of these occasions of charge are not again 
to occur, yet some of them will continue, and others, from 
time to time will be presented, with claims to be provided 
for, under a just and wise administration of Government. 
The existing state of things devolves upon the present 
Legislature a high and pressing responsibility. However 
much more prudent it might have been heretofoie, to have 
guarded against embarrassments, in the finances, there 
seems rioiv, no alternative to the duty of an immediate 
application of means to relieve and improve them. To 
my apprehension, the grant of a tax, undesirable as it may 
be deemed, as a permanent measure, is nevertheless indis- 
pensable, as an expedient, until other productive sources 
of revenue, corresponding with the wants of the govern- 
ment, shall be agreed upon. Such was the accustom- 
ed mode of former years, which, from its equal bear- 
ing, in principle, upon the estates of all, and the compara- 
tively inconsiderable amount required to be thus annually 
raised, and its easy collection, was found to be little bur- 
densome to any. Loans will but increase the necessity of 
resort to it, at last, with aggravated severity. These 
must, at some time, be met, and it may be, in a day of 



644 GOVERNOR'S MESSAGE. 

diminished prosperity. I respectfully submit the whole 
subject for your consideration, upon the additional details 
which the Report of the Treasurer will afford, with 
an earnest recommendation, that making retrenchments, 
wherever they are justly admissible, and regarding a wise 
economy in every thing, you would not suffer the present 
session to pass, without also providing a certain revenue 
for the ensuing year, which shall be adequate to the ordi- 
nary expenses of the support of government, and to such 
other and further expenditures for objects of high import- 
ance, as the honor and best interests of the Commonwealth, 
in its advancement in improvement, will continue to re- 
quire. 

Some days subsequent to your adjournment, 1 received 
a Letter from Brigadier General Theodore Lyman, Jun. 
declining the office of Major General of the First Division 
of Militia, to which he had been elected by both Branches 
of the Legislature, and it becomes a duty to avail myself 
of this first opportunity to inform you of the continued 
vacancy in that command. 

The Constitution has, either expressly, or by necessary 
implication, assigned to the Chief Magistrate of the Com- 
monwealth, as Commander in Chief, important duties in 
the administration of the laws, which respect the organi- 
zation and discipline of the Militia. To the discharge of 
these, I have endeavoured to give that faithful attention, 
which strong personal convictions of the importance of the 
Institution to the preservation of civil liberty, cannot fail 
to enforce. The security afforded to the enjoyment of the 
blessings of a Republican Government, by this modification of 
the physical force of a people, requires not, at this time, to 
be pressed upon your consideration. A well organized 
Militia is universally admitted to be the safeguard of na- 
tional freedom and independence. In Massachusetts, I 



GOVERNOR'S MESSAGE. 645 

may add, its efficiency and the intdligence and character of 
the mass of citizens who compose it, essentially contribute 
to the moral and political influence of the State. In the 
course of the last and the two preceding years, I have re- 
viewed, with great satisfaction, such portions of the Troops, 
in the different Divisions, as could be presented for the 
purpose, without occasioning particular inconvenience to 
them, in the time and manner of their being assembled. 
These personal observations have afforded appropriate 
opportunities for expressions of high and well deserved 
commendation of their excellent spirit and soldierly ap- 
pearance. 

The late Inspection Returns show an aggregate of 
Fifty four Thousand nine hundred aiud Twenty six enrolled 
Men, of whom forty nine thousand nine hundred and 
ninety one are Infantry, three thousand two hundred and 
twenty four Artillery, and one thousand seven hundred 
and sixty one Cavalry. Of the Infantry, about eight 
thousand, are organized into Companies of Light Infantry, 
Grenadiers, and Riflemen, and for fulness of equipment 
and perfectness in discipline are probably not excelled in 
the Militia of the Union. Believmg that it could not fail 
to be useful to present a more precise and detailed state- 
ment of the organization, condition, and ready prepa- 
ration of the whole Militia of the Commonwealth, than 
has been usual or would be convenient in an Executive 
communication, I required of the Adjutant and acting 
Quarter Master General such an exposition on these 
points, as his military observation and the Records and 
Documents in his Department would enable him to make. 
In compliance with the request, this able Officer has fur- 
nished an interesting and valuable Report, which I have 
the satisfaction to lay before you, as entirely deserving of 
your confidence and most favourable regard. When it is 



646 GOVERNOR'S MESSAGE. 

considered, that with all the immunities and exemptions 
which are afforded by the laws, at least one tenth part of 
our whole population are still directly subject to the per- 
formance of Militia duty, it cannot but be reasonable, 
that a portion of Legislative attention should be be- 
stowed upon the subject. There are inequalities and 
burdens from which this meritorious service ought to be 
relieved. It now falls with unjust and oppressive weight 
upon a class of men, who, from their pecuniary circum- 
stances, manner of employment, or relations in society, 
are least able to sustain it, while others, more favoured of 
fortune or in situation, yield little or nothing, as an equi- 
valent for avoiding its obligations. Much which might be 
proposed for the relief of the citizens from this tax of per- 
sonal service, is denied to the State Government, by the 
controling authority of Congress over the period of enrol- 
ment. Yet some palliative may be offered to the occasion 
of present complaints. The time of active duty in the 
Train Bands, may be abridged. Although the men are 
to be enrolled and equipped, in compliance with the laws 
of the United States, they may be excused from drill and 
discipline, except within a more limited age. The abso- 
iute exemptions should then be less numerous, and the 
forfeitures for neglects higher and more definitely and 
strictly appropriated to the encouragement of those, who 
perform the service. To preserve efficiency and good 
appearance in the Companies, these should not be multi- 
plied, except where there is a full complement of men to 
compose them. Volunteer Corps should be encouraged, 
but the numbers required for their organization should be 
increased, and whenever their ranks become materially 
reduced, they should be disbanded. In this latter respect, 
I more particularly recommend an alteration of the present 
law, in enlarging the number, by at least one half its 



GOVERNOR'S MESSAGE. 647 

present sum, below which Volunteer Corps shall not be per- 
mitted to remain. Nothing can be more absurd in miU- 
tary arrangements, or more directly tend to repress a 
spirit of improvement, than thin ranks in companies hav- 
ing nearly an equal number of Officers with the privates 
to be commanded. The inspection rolls already show 
too many instances of this, in the Militia. 

If in conformity with these general suggestions of opin- 
ion, which are with great deference submitted, the period 
of liability to military duty, beyond what is required by 
the United States laws, w^as confined to the ages between 
twenty-one and twenty-seven or thirty years, and, with the ex- 
emptions only, which those laws create, and public and 
incompatible engagements in the State should render 
necessary, all were made subject to its performance, un- 
der enhanced and substantial penalties, faithfully appro- 
priated to the encouragement of the Corps to which delin- 
quents should belong, it is believed, there would be an 
essential equalization of the burden, which is necessarily 
imposed to preserve any degree of militia organization. 
The shorter continuance of the liability, and its exclusive 
application to young men least sensible to its inconveni- 
ence, would remove the pressure from those, upon whom 
it has hitherto borne, with the greatest severity. 

At the January session of the Legislature of the last 
political year, I transmitted by special message, an appli- 
cation of the Secretary of the Navy of the United States, 
made at the instance of the Commissioners of Navy Hos- 
pitals, for a cession of jurisdiction to the National Gov- 
ernment, over a tract of hind in the town of Chelsea, for 
the use of a Navy Hospital, at that place. Upon recur- 
ring to the journals and files of the two Branches, it ap- 
pears, that no definite deteruiination was had upon this 
application. In the House of Representatives a bill was 
85 



6-48 GOVERNOR'S MESSAGE. 

introduced, which was referred to a select Committee, 
who subsequently reported specific objections to its pas- 
sage, in the shape in which it then ivas, which report was 
accepted. In the Senate, an order of reference to the 
next session was adopted ; and in neither branch, has the 
subject been since moved. Very recently, the Secretary of 
the Navy has addressed to me a request, that 1 would again 
call the attention of the Legislature to the application, 
and I do it with the more readiness, from a conviction, 
that no object can be presented, better entitled to favour- 
able regard, than this interesting provision for the relief, 
and comfort, and support, in infirmity and the decline of 
life, of gallant seamen. The Hospital at Chelsea, is in- 
tended as a haven to them from the storms of exhausted 
years, and the disabilities which war inflicts, upon a class 
of men the first and most exposed to its destructive ef- 
fects. It will be the honored asylum of the sea-worn 
sailor, and of the scarred and maimed veteran, in their 
country's perilous service. Patriotism and benevolence 
are alike the advocates for encouragement to the purposes 
of this noble Institution. The objections, which were 
heretofore oftered to the cession of jurisdiction, are easily 
obviated, and at least, a grant, modified to the occasion, 
and limited in extent and duration by the actual improve- 
ment of the land for the use of a Hospital, with the usual 
reservation of a concurrent jurisdiction, may, as it seems 
to me, with safety and propriety be conceded. 

The members of the Legislature have, at this time, the 
gratification of personally witnessing the execution of the 
Resolve of the 12th of Juno last, which authorized the 
erection of a suitable building for the reception and per- 
manent location of the Statue of Washington, by the Artist 
Chantrev, procured at the cost and under the direction 
of the Washington Monument Association. The Trustees 



GOVERNOR'S MESSAGE. 649 

of that Association have accomplished the interesting com- 
mission with which they were charged, in a manner alike 
honorable to themselves, and satisfactory to the public. 
A splendid specimen of the arts, and an enduring memo- 
rial of grateful remembrance to noble virtues and patriotic 
services, is seen in the Statue, which now adorns this 
Edifice. Henceforth, the image of/tm '■'• loho icas first in 
the hearts of his Countrymen,'''' will be sensibly present in 
the halls of the government, with the representatives and 
servants of the people, to keep constantly alive in their 
jninds, the recollection of his precepts and farewell injunc- 
tions, and to animate them in the performance of public 
duty, by the teachings of his example, forever. No other 
place was so suited to the position of this grand and irn^ 
pressive object. It will here remind us all, of our obliga- 
tion to country. It will reprove in us, and those who 
shall come after us, so long as a virtuous sentiment shall 
remain to respect the consecrated marble, every disloyal 
and unpatriotic feeling. It will instruct Rulers, how they 
are responsible to the people, and the People, what should 
be the character of their Rulers. It will speak more elo- 
quently than tongues, of the pre-eminence of the civic 
virtues ; of the sovereignty of the laws ; of reverence for 
the Constitution ; of the inviolability of the Union. 

To the Washington Monument Association, not only is 
the Country indebted for the possession of the Statue, but 
this Commonwealth, most especially, for its location and 
the entire expense of the appropriate and elegant Room 
which has received it. The pecuniary benelaction has 
amounted to the considerable sum of sixteen thousand dol- 
lars, and as the result of an elevated spirit of liberality, it 
should be borne in grateful and perpetual remembrance. 

Regarding the present session, but in the true light of 
.1 resuinption of those public engagements upon which we 



650 GOVERNOR'S MESSAGE. 

have before entered together, under the highest sanctions, 
it would be an unnecessary occupation of time, again to 
advert to considerations of general policy, which were 
more appropriately presented, upon the organization of the 
Government, at the commencement of the political year. 
I therefore purposely confine this communication to sub' 
jects of particular concernment, which have occurred 
during the recess, to require attention. It only remains to 
me, on this occasion, that under a deep sense of constant 
dependence upon a benevolent and gracious Providence, 
which directs in the destinies of Nations, and guides the 
counsels of Men, I unite with you, in invoking the divine 
blessing upon our remaining official duties, that they may 
be discharged with fidelity to our consciences and our 
Constituents, and be followed with rich and lasting bene- 
fits to our Commonwealth and our Country. 

LEVI LINCOLN. 

Council Chamber, Boston, January 2, 1828. 



MESSAGE. 651 



CHAP. XXXIll. 

Gentlemen of the Senate^ and 

Gentlemen of the House of Representatives ; 

I hasten to lay before you a communication from the 
President and Trustees of the Washington Monument 
Association, conveying a formal expression of their bestow- 
ment of the Statue of Washington, upon the Government 
and People of this Commonwealth. The letter addressed 
to me, on the subject, although of earlier date, was not 
received in season to admit of its transmission with the 
documents which accompanied my Message, of this morn- 
ing. 

LEVI LINCOLN. 

Council Chamber^ January 2, 1828. 



CHAP. XXXIV. 

Resolve on the petition of Samuel Perkins and Jacob Stearns, 
of the City of Boston. 

January 5, 1828. 

Resolved, That for reasons set forth in their petition, 
the said Samuel Perkins, Guardian of Edward Perkins, 
James Perkins, Emmeline Perkins and Ellen Louisa Per- 
kins, and the said Jacob Stearns, Guardian of Elizabeth 
Call Stearns, Oliver Stearns and Charles Jacob Stearns, 
be, and they are hereby severally authorized and em- 
powered in their capacity of Guardian, lespectively, of 
said minors, to sell and convey by deed, the undivided in- 
terest of said minors in those portions of the real estate 
which they inherited from their Grandfather Nathaniel 
Call, late of said Boston deceased, which are specifically 



652 STATUE OB^ WASHINGTON. 

described in said petition, unto Hannah Stearns, Ann 
Herring and Elizabeth Call Herring, and Mary Jepson 
respectively, who are also a part of the heirs of said Call, 
at and after the rate of the several prices for the same, as 
mentioned in said petition, provided, the other heirs of 
said Nathaniel Call who are of full age, sell their undi- 
vided interest in said estates, to the same persons respec- 
tively, and at the same rate of price : And provided also, 
that the said Guardians respectively, first give bonds to the 
Judge of Probate for the use of said minors, in such sum 
and with such surety or sureties, as shall be satisfactory to 
said Judge, faithfully to account for the nett proceeds 
of the sales hereby authorized. And the said Guardians 
are further respectively authorized to sell and convey by 
deed, all or any part of the interest of the said minors in 
the residue of the real estate of which said Nathaniel Call 
died seized, either at pubhx or private sale, and on such 
terms as they shall deem most for the interest of said mi- 
nors, first, severally giving bond to the Judge of Probate 
to account respectively for the nett proceeds of said real 
estate in manner as aforementioned. 



CHAP. XXXV, 

Resolve on the Statue of Washington. 

January 9, 1828. 

*Whereas the Trustees of the Washington Monument 
Association have passed the following vote : " At a meet- 
ing of the Trustees of the Washington Monument Associ- 
ation, held at the Hall, consecrated to the memory of the 
Father of his Country, on Monday, the 26th of November, 
1827. Whereas the Hall erected by permission of the 
Legislature of Massachusetts, in the rear of the State 
House, for the reception of the Statue of Washington has 
been completed, at the expense of the Trustees aforesaid: 



MESSAGE. 653 

Voted, That the Trustees of said Association, by virtue of 
the power vested in them, do confide and entrust as well 
the said edifice erected at their expense, as the noble 
Statue, the work of the first artist in Europe, to the care 
and patriotism of the Government of the State of Massa- 
chusetts, for the use and benefit of the people of said 
State to all future generations, with the following provi- 
soes. That the said Hall shall never be appropriated to 
any other use, or the exhibition of any other Monument or 
work of art than the Statue of Washington, and that in 
case the edifice, of which the Hall of Washington forms a 
part, shall at any future time, cease to be used for the 
purposes to which it is now devoted, the Trustees of the 
Washington Monument Association or their successors, or 
in fiiilure of them, the Mayor and Aldermen of the City 
of Boston, for the time being, shall have a right to take 
possession of the Statue of Washington, and its pedestal, 
and to remove the same to any other situation within the 
City of Boston, which they may deem expedient;" therefore, 
Resolved, That the Legislature of this Commonwealth 
accepts the Statue of Washington upon the terms and 
conditions, on which it is offered by the Trustees of the 
Washington Monument Association ; and entertains a 
just sense of the patriotic feeling of those individuals, who 
have done honor to the State, by placing in it a Statue 
of the Man, whose life was among the greatest of his 
country's blessings, and whose fame is her proudest ia- 
heritance. 



CHAP. XXXVI. 

Gentlemen of the Senate ; 

In compliance with the request of the Honourable Sen- 
ate, I herewith transmit copies of sundry documents and 
correspondence relating to the North Eastern Boundary. 
Pending negotiations on the general subject, and an offi- 



654 TREASURER TO BORROW MONEY. 

cial investigation, by the National Government, of the char- 
acter of recent transactions upon the disputed territory, 
they are respectfully recommended to the exercise of your 
discretion, in their disposal. 

I take leave to add, that during the last summer I was fa- 
voured with repeated opportunities for personal communi- 
cations with the President, in which 1 learnt his anxious 
and solicitous concern for the immediate establishment of 
the true Boundary, and the strenuous efforts which had 
been, and would continue to be pursued, to maintain the 
just claim ot the United States to its recognition by the 
British Government. It is known, that the attention of 
the National Government is still most earnestly directed to 
the accomplishment of this object. 

The expected communications from the Executive of 
Maine, of the result of inquiries into alleged aggressions up- 
on the persons and property of American Citizens within 
the jdrisdiction of that Commonwealth, referred to in my 
Message, at the opening of the present session, have not 
yet been received. 

LEVI LINCOLN. 

Council Chamber, January 9, 1828. 



CHAP. XXXVII. 

Resolve authorizing Treasurer to borrow money. 

January 11, 1828. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby authorized and directed, to borrow of any 
of the Banks in this Commonwealth, or any other Corpo- 
ration therein, or of any individual or individuals, such sum 
or sums, as may from time to time be necessary for the 
payment of the ordinary demands on the Treasury at any 
time before the meeting of the next General Court, and 



FUEL FOR THE COMMONWEALTH. 655 

that he pay any sum he may borrow, as soon as money 
sufficient for the purpose, and not otherwise appropriated, 
shall be received into the Treasury. Provided, however, 
that the whole amount borrowed and remaining unpaid,' 
shall not at any time exceed the sum of one hun'dred and 
fifty thousand dollars. 



CHAP. XXXVUI. 

Resolve authorizing the purchase of fuel for the use of the 
Commonwealth, and for other purposes. 

January 12, 1828. 

hesolved, That there be paid out of the Treasury of the 
Commonwealth to Jacob Kuhn, Messenger of the General 
Court, the sum of four hundred dollars, to enable him to 
purchase fuel, and such other articles, as may be necessary 
for the use of the General Court, together with the Gov- 
ernor's and Council's Chamber, Secretary's, Treasurer's, 
Adjutant General's, Quarter Master General's, and Land 
Offices ; also, the further sum of three hundred and eighty- 
six dollars, to reimburse him for money advanced to John 
H. Wheeler, for mechanical labour done in the State 
House, the bill for which was examined and allowed by 
the Committee on Accounts, the last Session of this Legis- 
lature, but inadvertently omitted in the Pay Roll, amounting 
in the whole, to seven hundred and eighty-six dollars : — 
said Kuhn to be accountable for the expenditure of the 
same. 

86 



65S MESSAGE.— MARY KELLY. 

CHAP. XXXTX. 

Gentlemen of the House of Representatives ; 

I transmit herewith, in compliance with the request of 
the House of Representatives, a copy of the last Annual 
Report made to the Executive, of the funds and condition 
of the Hospital Life Insurance Company. 

LEVI LINCOLN. 

Council Chamber, January 14, 1828. 



CHAP. XL. 

Resolve on petition of Mary Kelly. 
January 17, 1828. 

On the petition of Mary Kelly of Boston, in the County 
of Suffolk, widow, praying that the Commonwealth will 
relinquish to her, certain real estate described in said pe- 
tition, of which Timothy Kelly, late of said Boston, labour- 
er, died seized ; — 

Resolved, for reasons set forth in said petition, that all 
the right, title, and interest, which the said Commonwealth 
has in and to a certain tenement situated on the south 
easterly side of Hanover Street in said Boston, be released 
to the said Mary Kelly forever, and it shall be lawful for 
her to dispose of the same, or to devise it by will. 



A. HARRIS.— SEL. OF NORTHFIELD. 657 

CHAP. XLI. 

Resolve on petition oj Azor Harris. 
January 19, 1828. 

On the petition of Azor Harris, appointed by a Resolve 
of the last General Court guardian of Samuel Wood, an 
Indian, residing in East Bridgevvater in the County of 
Plymouth, and owning lands therein. 

Resolved,, For reasons set forth in said petition, that 
said Harris, be, and he is hereby authorized and em- 
powered, to sell at public auction, so much of the real 
estate of said Wood, lying in said East Bridgevvater, as will 
raise the sum of two hundred and thirty eight dollars and 
fifty three cents, the just debts of said Wood ; and the 
further sum of eleven dollars and forty seven cents, for 
incidental charges, and to execute, and deliver, good and 
sufficient deed or deeds, to convey all the right, title, 
and interest, which said Indian has in the same. Provided, 
said Harris, first give bond with sufficient surety, in such 
sum, as the Judge of Probate of said County of Plymouth 
may direct, to the said Judge and his successors in said 
office, conditioned, that he will use his best judgment in 
selling and disposing of said property, for the benefit of 
said Indian. 



CHAP. XLII. 

Resolve on the petition of the Selectmen of the town of 

Northfield. 

January 19, 1828. 

On petition of the Selectmen of the town of Northfield, 
showing that the town meetings, held in said town in the 



668 J. APPLETON. 

year of our Lord one thousand eight hundred and twenty- 
six, was warned by a person not legally chosen Constable; 
Resolved therefore, For reasons set forth in said petition, 
that the town meetings, held in said town since the first 
Monday of March, in the year of our Lord one thousand 
eight hundred and twenty six be, and are hereby made 
valid, and that they have the same force and effect, 
that the same would have had, in case they had been notified 
and warned by a Constable legally chosen and qualified. 



CHAP. XLin. 

Resolve on the peiiiion of James Appleton. 
January 19, 1828. 

On the petition of James Appleton of Marblehead, for 
an allowance for his time and expenses, in procuring testi- 
mony respecting the claim of this Commonwealth on the 
United States, for Militia services during the late war*; 

Resolved, That there be allovyed and paid out of the 
Treasury of this Commonwealth, to said James Appleton, 
the sum of sixty-two dollars and sixty-four cents, for his 
time and expenses aforesaid ; and that his Excellency the 
Governor, with the advice of Council, be, and he is here- 
by authorized to draw his warrant on tiie Treasury for 
the said sum accordingly. 



S. CROCKER.— E. H. MILLS. 659 

CHAP. XLIV. 

Resolve on the petition of Samuel Crocker. 
January 25, 1828. 

On the petition of Samuel Crocker, President of the 
Agricultural Society of Bristol County; 

Resolved, That for the reasons set forth in said petition, 
there be allowed and paid, out of the Treasury of this 
Commonwealth, to the said Samuel Crocker, in his said 
capacity, and for the use of said Society, the sum of three 
hundred and thirty-two dollars and forty-one cents; and 
that his Excellency the Governor, be, and he hereby Js 
authorized to draw his warrant for said sum accordingly 



CHAP. XLV. 

Resolve for paying Elijah H. Mills, one of the Commission 
ers appointed to run and establish the boundary line be 
tween this Commonwealth and the State of Connecticut. 

January 25, 1 828. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to Elijah H. Mills, the 
sum of two hundred and ninety-seven dollars and twenty- 
two cents, which, with what he has heretofore received, 
is in full for his services and expenses, as one of the Com- 
missioners on the part of this Commonwealth, in running 
and establishing the boundary line between this Common- 
monweallh and the State of Connecticut ; and that his 
Excellency the Governor be, and he is hereby authorized 
and requested to draw his warrant on the Treasury for 
tlie same accordingly. 



660 MESSAGE. 



CHAP. XLVI. 

Gentlemen of the Senate, 

and House of Representatives ; 

The Board of Internal Improvement have just now 
furnished me with their Report in reference to a Railway 
from the City of Boston to Providence in the State of 
Rhode-Island, together with a Memoir of the survey, and 
a plan of the routes, by the Engineer, and an estimate of 
expense for the construction of the work. 

The manuscripts are so voluminous as to create a claim 
upon your indulgence, in permitting me to transmit the 
originals, that, without delay, they may be at the disposal 
of the Legislature. They will be found to present en- 
couraging considerations to the proposed improvement. 

By the Report and Survey, the following propositions 
appear to be established : — 

That the Rail Road may be constructed, on either of 
two routes, designated as Eastern and Western, with little 
preference in the election between them, — and in length 
of way not greater than the present Turnpike Road. 

That the inequalities of country, through the whole 
distance, may be reduced, for the track of the road, to an 
elevation, at most, of 30 feet in a mile, except on a sin- 
gle short section, where it will not exceed 60 feet. 

That horse power will be most expedient for application 
to the uses of this Road. 

That the power of a single horse, working seven hours 
in a day, and travelling at the rate of three miles an 
hour, Vvill be equal to the draft over the Road, of at least 
eight tons weight inclusive of the weight of the carriage, 
except on the section of greatest inclination, where addi- 
tional power may, conveniently and with little expense, be 
applied ; — And that the same power of a single horse, 
working three hours a day, will convey a carriage with 
twenty-five passengers, at the speed of nine miles an hour. 
That the best mode of constructing the Road, will be 
with foundation Tracks of Granite, having a flat bar of 
Iron secured by bolts to the upper surface of the stone, 
on which the wheels of the carriage are to move. 



MESSAGE. 661 

That one set of Tracks, with suitable offsets and short 
side Tracks, at equal distances on the road, will be suffi- 
cient for the convenient accommodation of the travel. 

That the expense of constructing the Road, in the most 
thorough manner, with durable materials, will not exceed 
eight thousand dollars per mile, and with proper additional 
allowances for offsets and occasional side Tracks, the 
whole expense will fall short of three hundred and ffty 
thousand dollars, exclusive of the compensation which n)ay 
be exacted for land taken for the use of the road, which, 
it is suggested, will probably be inconsiderable. 

That, from satisfactory estimates and calculations"upoii 
the present travel and occasion of transportation, the net 
income of receipts from the use of the Road, after de- 
ducting all charges for keeping it in repair, carriages^ 
&c. and upon a saving of one half in the present cost of 
transportation, will amount to a sum exceeding sixtij thou- 
sand dollars per annum. 

That the construction of the Road would be of great 
public advantage, and a profitable investment of capital. 

These positions are sustained by a mass of information, 
a representation of facts, calculations and deductions, and 
a force of argument, which will recommend the whole 
matter of the Report to your careful attention ; and if 
made public, by being printed, cannot fail to create a 
general interest in the subject. 

I have thought proper to present this synopsis of the 
contents of the Report, that the results might be under- 
stood by the members of the Legislature, in anticipation 
of the probable opportunity which can be afforded to them, 
individually, for examining its pages. 

LEVI LINCOLN. 

Council Chamber, Jan. 25, 1828. 



662 ROBERT TROUP, /VND OTHERS. 

CHAP. XLVH. 

Resolve on the petition of Robert Troup and others. 
January 26, 1828. 

On the petition of Robert Troup, Thomas L. Ogden, 
and B. W. Rogers, proprietors of lands in the State of New 
York :— 

Whereas, in the articles of agreement made on the six- 
teenth day of December, in the year one thousand seven 
hundred and eighty-six, between the Commonwealth of 
Massachusetts and the State of New York, concerning cer- 
tain lands within the territorial jurisdiction of the State of 
New York, and whereof the State of Massachusetts had 
the preemptive right, and by which articles, the rights of 
these States were respectively ascertained and determin- 
ed, — it was provided among other things, as follows. — 

Tenthly ; — The Commonwealth of Massachusetts may 
grant the right of preemption, of the whole, or of any part 
of the said lands and territories, to any person or persons, 
who, by virtue of such grant, shall have good right to ex- 
tinguish, by purchase, the claims of the Native Indians: 
Provided, however, that no purchase from the Native In- 
dians by any such grantee or grantees, shall be valid, un- 
less the same shall be made in the presence of, and appro- 
ved by, a Superintendant, to be appointed for such purpose 
by the Commonwealth of Massachusetts, and having no in- 
terest in such purchase, and unless such purchase shall be 
confirmed by the Commonwealth of Massachusetts. 

Eleventhly ; — That the grantees of the said lands and 
territories, under the Commonwealth of Massachusetts, 
shall, within six months after the confirmation of their re- 
spective grants, cause such grants, or the confirmation 
thereof, or copies of such grants, or confirmations, certifi- 
ed or exemplified, under the seal of the Commonwealth of 
Massachusetts, to be deposited in the office of the Secre- 
tary of the State of New York, to the end that the same 
may be recorded there ; and after the same shall have been 



ROBERT TROUP, AND OTHERS. 663 

so recorded, the grantees shall be entitled to receive again 
fronn the said Secretary, their respective grants or confir- 
mations, or the copies thereof, whichsoever may have been 
so deposited, without any charges or fees of office whatso- 
ever : and every grant or conlirmation, which shall not bo 
so deposited, shall be adjudged void. 

And whereas, for the reasons above set forth, and, in 
conformity to the said agreement between this Common- 
wealth and the State of New York, all deeds and grants 
made pursuant thereto, ought to be confirmed ; — and, 
whereas Robert Troup, Thomas Ludlow Ogden and Ben- 
jamin W. Rogers, have represented, that they are the pur- 
chasers of certain tracts of land, which are included in 
the lands and territories aforesaid, and are entitled, under 
said articles of agreement, to have their purchase confir- 
med, on the part of this Commonwealth, wherefore, 

Resolved^ That His Excellency the Governor, by and 
with the consent and advice of the Council, be, and he 
hereby is authorized and empowered to confirm the afore- 
said purchase of said petitioners, provided the same shall ap- 
pear to His Excellency to have been made in conformity 
to the said articles of agreement ; and also, to confirm in 
like manner, for, and in behalf of this Commonwealth, all 
other purchases, which have been made, or which may 
hereafter be made, in conformity to said articles of agree- 
ment, and to certify such confirmations, in such form and 
manner, under the seal of tliis Commonwealrh, as His Ex 
cellency may think proper to carry the aforesaid articles of 
agreement into full effect. 
. 87 



664 MESSAGE. 



CHAP. XLVIIL 

Gentlemen of the Senate, and of 

the House of Representatives ; 

1 transmit a Report of the Commissioners, appointed pur 
suant to a Resolve providing for the survey of a route for a 
Rail Road from the City of Boston to the Hudson River, 
in the State of New York. The Legislature were appriz- 
ed, at the opening of the Session, that notwithstanding the 
utmost diligence and application of attention and labour to 
the service, from want of time to accomplish the survey, 
and the unusual character of the i>ast season, this expect- 
ed communication must necessarily be incomplete. 

It now appears, that the intermediate country, through 
the whole distance from the City of Boston to the Hudson, 
has been examined on two main routes, designated as the 
Northern and Southern, the one crossing the Connecticut 
River at Sj)ringfield, the other at Northampton ; and that 
explorations have been made of several lateral sections, 
where deviations have been proposed in the course of the 
niain routes, or distances may be shortened, or, as in some 
instances, where either route may be made to communi- 
cate with, and take the direction of the other. 

A survey of the Southern route only, has been attempt- 
ed ; and this, with the exception of two short sections, has 
been confined to the country West of the Connecticut Riv- 
er, as presenting the most difficult part of the passage. 
The survey commenced at West-Springfield, and has been 
extended to the Ferry at Greenbush, opposite Albany. 
The courses and distances have been carefully noted, and 
the irregularities of surface accurately ascertained. The 
summit is found to be in Washington, 1440 feet above the 
Connecticut River, and 1477 Bho\e the Yiwdison, thirty-nine 
miles distant from the former, and sixty-three from the lat- 
ter. The road may be so laid tbat the greatest elevation, 
at any one point, shall not exceed the rate of 80 feet in a 
mile, and the whole distance of such elevation, Westward 
from the Connecticut to the Hudson, will be hnt four miles 
and eight tenths, and Eastward from the Hudson to the 



MESSAGE. 665 

Connecticut, four miles and nine tenths. The Commission- 
ers are of opinion, that, upon this degree of elevation, the 
power of two horses, working the usual time in a day and 
at the ordinary rate of travel, will be equal to the draft of 
eight tons weight, and that on every other part of the road, 
one horse will be fully competent to such load. 

From the exploring observations of the Commissioners, 
on the section of the southern main route, east of Connec- 
ticut River, the high lands of Spencer and Leicester ap- 
pear to present the greatest difficulty. But it is assumed 
in the Report, that they may be surmounted as easily as 
the degree of inclination on the western section. Sixty- 
eight miles of this part of the route, between the Three 
Rivers in Palmer in the county of Hampden, and Needham 
in the county of Norfolk, yet remain to be surveyed. 

The Report contains much interesting and important in- 
formation, illustrated by tabular statements, in reference 
to the present business and occasion of travel and transpor- 
tation through the country, within the capacity of benefit 
from the proposed improvement. The results to which the 
commission has already arrived, may be considered as fully 
establishing the practicability, within the reasonable appli- 
cation of means, of the construction of the road, strength- 
ening every conviction and anticipation of its vast utility, 
and furnishing new motives and inducements to prosecute 
the necessary measures for the accomplishment of the en- 
terprise. 

LEVI LINCOLN. ^ 

. Council Chamber, January 29, 1828. 



CHAP. XLIX, 

To the Honourable Senate and 

House of Representatives ; 

In compliance with the request of His Excellency the 
Governor of Maine, I communicate sundry Resolutions of 



666 SALISBURY WEST PARISH. 

the Legislature of that State, with accompanying Docu- 
ments, proposing a modification, on the part of this Com- 
monwealth, of the terms of a grant of a township of land, 
in consideration of the construction of a road from the 
Nortli line of the Bingham purchase, to the North line of 
the Stateof Maine, pursuant to the provisions of a Resolve 
of the 13th of June last. Your concurrence in an alteration 
of the location of the road, as originally surveyed, and an 
extension of the time for the completion of tiie work, are 
particularly asked. By the former, the direction of the 
road will be so changed, as to avoid, in one instance, the 
rough point of a mountain, and in another, a sharp hill, 
while, at the same time, the distance will be shortened, and 
the way much improved. The latter request seems reason- 
able, from the delay already occasioned by the necessity 
which there has been for a new survey, and from the mag- 
nitude of the w^ork to be accomplished. I therefore re- 
spectfully recommend the application to your favourable 
decision. 

LEVI LINCOLN. 

Council Chamber, January 31, 1828. 



CHAP. L. 

Resolve on the petition of the hihahitants of the West Parish 

in Salisbury. 

February 1, 1828. 

On the petition of the Inhabitants of the West Parish in 
Salisbury ; 

Resolved, For the reasons set forth in the said petition, 
that the assessors of the West Parish in Salisbury, be, and 
they are hereby empowered, to sell and convey, by deed, 
in lee simple, the lot of land known l)y the name of the 
Grape Hill Paslnre, as described in said petition, situate in 
part in said Salisbury, and in part in Seabrook, County of 



INHABITANTS OF TOWNSEND. 667 

Rockingham, State of New Hampshire, and appropriate 
the proceeds of said sale in repairs on the Parish buildings. 



CHAP. LI. 

Resolve on the petition of the Inhabitants of Townsend. 
February 1, 1828. 

On the petition of the Inhabitants of the Town of 
Townsend in the County of Middlesex, praying for leave 
to make sale of ministerial lands ; 

Resolved, That said inhabitants, for the reasons set forth 
in said petition, be, and they hereby are authorized and 
empowered, by a Committee, duly chosen by them for the 
purpose, to make sale of the Parsonage Farm, so called, 
given and devised to said town, by Amos Whitney de- 
. ceased, by his last wiil and testament, and to make, 
and execute, good and sufficient deeds, to convey the 
same to the purchaser or purchasers; and the proceeds of 
said sale are to be paid by said Committee to the Select- 
men and Treasurer of said town for the time being; and 
they, and their successors in said offices, shall take care 
of, and invest the same, for and in the name of said in- 
habitants, and every investment by them made, shall be 
secured by mortgage of real estate, to be estimated by 
them at least double the value of the sum invested, and 
the income thereof shall annually be appropriated and 
paid, by said Selectmen and Treasurer, to the minister set- 
tled by said town, for the support of the Gospel, accord- 
ing to the intentions of the donor. Provided, however, 
that previous to the sale of said estate, the town shall 
secure to the Rev. David Palmer, the present settled 
minister of said town, the sum of one hundred dollars, to 
be paid to him annuiilly on the first day of January, so long 
as he shall remain and be the settled minister of said 
town, and in case the income accruing from the proceeds 
of said sale, shall exceed in amount the sum of one hun- 



66« JONATHAN PHILLIPS. 

dred dollars, then the same is to be paid by said Selectmen 
,and Treasurer to said Palmer annually, on the first day of 
January, so long as he shall be and remain the settled min- 
ister as aforesaid, and the said sum of one hundred dollars, 
or the said income paid as aforesaid, to said Palmer, is to 
be received by him as an equivalent for the estate sold as 
aforesaid. 



CHAP. LII. 

Resolve on the petition of Jonathan Phillips, guardian. 

February 1, 1828. 

Whereas Jonathan Phillips, of the City of Boston, in the 
County of Suffolk, guardian of William Phillips and of Ed- 
ward B. Phillips, minors and children of Edward Phil- 
lips late of said Boston, Esquire, deceased, has petitioned 
this Court for leave to sell the whole interest which said 
minors have in a certain parcel of land devised to them, 
in the last will and testament of their grandfather, the late 
Honorable William Phillips of said Boston deceased, which 
land is situated on the northeasterly side of Pearl Street in 
said Boston, bounded in front on Pearl Street, there mea- 
suring one hundred twenty nine feet eight inches, and 
three quarters of an inch ; southeasterly on land'of Josiah 
Quincy, Quincy Court so called, and land of William 
Furness, there measuring two hundred forty seven feet 
eleven inches; northeasterly on land of James Swan, there 
measuring one hundred thirty seven feet, seven and an half 
inches ; northwesterly on land of John Odin, there measur- 
ingr two hundred and seven feet nine inches and half an 
inch, containing in the whole twenty nine thousand nine 
hundred forty square feet and six inches ; — 

Now for reasons set forth in said Jonathan's petition, 
Resolved, That said Jonathan Phillips, be, and he here- 
by is authorized and empowered, to sell at public or pri- 



MESSAGE. 669 

vate sale, and to execute, and deliver, good and sufficient 
deeds, to convey all the right, title and interest, which said 
minors have in and to the aforedescribed premises, pro- 
vided., said Jonathan first give bond, with sufficient surety, 
in the penalty of forty thousand dollars, to the Judge of 
Probate, for the County of Suffolk, and to his successors 
in office, conditioned, that he will use his best judgment in 
selling and disposing of said property, for the benefit of 
said minors ; that he will vest the proceeds of said sale 
in some safe and productive stock, or put the same out at 
interest on good security, and that he will pay and distribute 
said proceeds, in like manner as said real estate would have 
passed under the devise of the same, in the will of said Will- 
iam Phillipsjdeceased, that is to say, to pay all the interestand 
income of the said proceeds to and for the use of the said 
minor children, one half thereof to each of them, until 
they shall respectively arrive at the age of twenty one 
years ; and in case either of the said minor children shall 
die, without lawful issue, before attaining the age of 
twenty one years, then to pay over such deceased child's half 
part of the said proceeds, to the other of the said children ; 
and in case both of the said children should die, without 
lawful issue,. and before attaining the age of twenty one 
years, then to pay over the said proceeds to whomsoever 
shall be then entitled thereto by law, and the said will of 
the said William Phillips deceased. 



CHAP. LIII. 

To the Honorable the Senate, 

and House of Representatives ; 

The Legislature of the State of South Carolina, at their 
recent session, passed Resolutions, denying the constitu- 
tional power of Congress to enact a tariff of duties, with 
a view to the protection of domestic manufactures; — to 
construct roads and canals in the States, for the purposes 
of internal improvements, or to make appropriations of 



670 LEVI DEAN AND OTHERS. 

money thereto, with or without the assent of the States 
in whose limits those improvements are made ; or to pa- 
tronize, or direct, appropriations for the benefit of the 
American Colonization or any other Society. A pamphlet 
copy of these Resolutions, with the Report of a Committee 
which introduced them, adopted as a preamble, has been 
transmitted to me by His Excellency the Governor of the 
State ; and in respectful compliance with a request expres- 
sed by the Legislature, and communicated by him, I now 
present the same for your consideration. 

LEVI LINCOLN. 

Council Chamber, February 4, 1828. 



CHAP. LIV. 

Resolve on the petitions of Levi Dean, and others, 

February 5, 1828. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to Levi Dean, of Free- 
town, in the county of Bristol, the sum of three hundred 
and forty-five dollars, and seventy-five cents, and to Lem- 
uel Edmister, of said Freetown, the sum of three hundred 
and fifty dollars and seventy-six cents, and to Seth How- 
land, Thomas Tripp, and Lot Strange, all of said Free- 
town, Obed Myrick, and John Haskins, both of Taunton, 
in said county, and William Strobridge, of Middleborough, 
in the county of Plymouth, as guardian of one Gershom 
Crane, the sum of thirteen dollars and ninety-seven cents 
each, in full for their trouble, costs and expenses, in mak- 
ing defence against suits brought against them by one Jo- 
seph S. Borland, for the recovery of certain real estate, 
which they held in said Freetown, under warranty from 
this Commonwealth : and His Excellency the Governor is 
hereby authorized and requested, to draw his warrant ac- 



BREAKWATER AT NANTUCKET. 671 

cordingly on the Treasury, for the aforesaid sums in favour 
of the atorenamed persons respectively. 



CHAP. LV. 

Resolve on the subject of a Breakwater at Nantucket. 

February 6, 1828. 

The Committee of both Houses appointed to consider 
the expediency and propriety of instructing the Senators 
and requesting the Representatives of this Commonvveahh 
in the Congress of the United Slates, to use their endea- 
vours to procure an appropriation for the construction of 
a Breakwater at Nantucket Great Point — ask leave to 

Report: That the Legislature of this Commonwealth, at 
its May Session in 1825, adopted Resolutions, the object of 
which, was to procure a survey at Nantucket Great Point, 
with a view to ascertain whether it were practicable to 
construct an artificial harbour or breakwater at that place. 
In consequence of this application to the Government of 
the United States, a survey has been made, and at the 
present session of Congress, able and interesting reports 
have been transmitted to the National Legislature, unfold- 
ing the great utility and the entire practicability of the con- 
struction of a breakwater at the point desired. 

Your Committee deem this subject important enough to 
engage the deliberate consideration of the Legislature. In 
the advantages to be derived from the construction of the 
proposed breakwater, the shipping interest all along our 
coast is concerned. When it is considered, that from Mar- 
tha's Vineyard to Provincetown, there is not a single safe 
and accessible harbour, while on every side are shoals the 
most dangerous, — that the chief part of the coasting and 
foreign tonnage of this State, of New Hampshire and of 
Maine, besides a portion of that of other States, is constant- 
88 



672 MESSAGE. 

ly passing the Vineyard Sound in its usual route, some opin- 
ion may be formed of the perils of the navigation, and the 
magnitude of the interests at stake. — To your Committee 
it appears, that the proposed harbour at Nantucket would 
furnish a shelter in this perplexing and dangerous track, 
and a retreat in every point of view in the highest degree 
desirable. They accordingly report the following Resolu- 
tions. 

BARKER BURNELL, Chairman. 

Resolved, That the Senators and Representatives of this 
Commonwealth in the Congress of the United States, be, 
and they hereby are, requested to use their endeavours to 
procure an appropriation for the construction of a Break- 
water at Nantucket Great Point. 

Resolved, That His Excellency the Governor be, and he 
hereby is, requested to transmit a copy of the foregoing 
Resolution to each of the Senators and Representatives of 
this Commonwealth in the Congress of the United States. 



CHAP. LVI. 

To the Honourable the Senate, 

and House of Representatives ; 

I transmit a further Report made to the Executive by 
the Board of Internal Improvement, charged by a Resolu- 
tion of the Legislature of the second of March last, with 
an examination of a Route proposed by Heman Stebbins 
and others, for a Canal from Western, in the County of 
Worcester,to meet the Route of a contensplated Canal from 
Norwich, in the State of Connecticut, by which it appears, 
that the inquiry which was directed is fully satisfied, and 
that abundant supplies of water may be obtained for the 
purposes of the Canal, without injury to the manufacturing 
establishments and water privileges on or near the Chica- 
pee River. 



EPHRAIM ROBBINS. 673 

The Commissioners have subjoined to their definite Re- 
port on this subject, some general remarks upon the situa- 
tion of the country, on the route propo.sed in the petition 
of Aaron Tufts and others, for a Canal from the City of 
Boston, by the waters of Charles River, to the Blackstone 
Canal, and thence to the line of Connecticut, to connect 
with the contemplated Canal from Norwich, which are fa- 
vourable to the practicability of its construction. But there 
has not been opportunity for such thorough examination 
of the route, as to induce to a determinate and certain re- 
sult. The Commissioners propose to commence making 
accurate surveys, as early as the season will admit. 

LEVI LINCOLN. 

Council Chamber, February 7, 1 828. 



CHAP. LVII. 

Resolve on the petition of Ephraim Bobbins. 

February 11, 1828. 

Resolved, Ths-t there be allowed and paid, out of the Trea- 
sury of this Commonwealth, the sum of fifty dollars, as a 
gratuity to Ephraim Bobbins, of Lancaster, a poor and in- 
firm old man, who was a soldier at the commencement of 
the Revolutionary War, and was wounded in the battle of 
Bunker Hill ; and His Excellency the Governor is request- 
ed to draw his warrant on the Treasurer in favour of said 
Robbins for that sum. 



674 MESSAGE.— HANNAH D. BARRON. 

CHAP. LVni. 

Gentlemen of the House of Representatives ; 

I have caused copies of the accounts of the Commis- 
sioners and Engineer on the Western Railway, and also of 
the Board of Internal Improvement, together with the Re- 
cord of the doings of the Executive Council, in auditing 
and allowing these accounts, and their advice thereon, to 
be prepared ; and I now transmit the same by the Secre- 
tary, in compliance with your request. 

LEVI LINCOLN. 

Council Chamber, February 13, 1828. 



CHAP. LIX. 

Resolve on a petition of Hannah D. Barron, of Bradford, in 
the State of Vermont, praying the Commonwealth , for rea- 
sons therein stated, to relinquish their claim to a smallpar- 
cel of real estate lying in the County of Bristol, appraised 
at three hundred and nine dollars. 

February 14, 1828. 

Resolved, That this Commonwealth do hereby transfer, 
release and quit claim to the said Hannah D. Barron, her 
heirs and assigns, all the right, title and interest which has 
accrued to the Commonwealth by way of escheat, in 
and to the tract of land above mentioned, and of which 
her late husband, William Trotter, died seized. 



DOUGLAS CON. SOC— RANDOLPH. 675 



CHAP. LX. 

Resolve on the petition of the Congregational Society in 
Douglas, in the County of Worcester, pi ay ing for leave to 
make sale of Ministerial Lands. 

February 14, 1828. 

Resolved, That for the reasons set forth in said petition, 
the said society, be, and they are hereby authorized and 
empowered, by a Committee to be duly chosen by them 
for that purpose, to make sale of three undivided fourth 
parts of the ministerial land in said Douglas, belonging 
to said society, and to make and execute good and suffi- 
cient deeds, to convey the same to the purchaser ; and the 
proceeds of said sale are to be paid by said Committee 
to the assessors of said society for the time being ; and 
they and their successors hi said office, shall take care of, 
and invest the same, for and in the name of said society, 
and every investment, by them made, shall be secured by 
mortgage of real estate, to be estimated by them at least 
double the value of the sum invested; and the income 
thereof shall be annually appropriated for the support of 
the minister of said societv. 



CHAP. LXL 

Resolve confirming the doings of the town of Randolph. 

February 14, 1828. 

On the petition of the inhabitants of the town of Ran- 
dolph, in the county of Norfolk, representing, that it does 
not appear by their records, that oaths of office have at 
all times been duly administered to the persons elected to 



676 J. N. RUDBERG.—R. WATERSTON. 

be town officers, and praying, that the doings of said town 
may be rendered valid notwithstanding ; 

Resolved^ That the doings of the town of Randolph, in 
the County of Norfolk, be, and the same are hereby con- 
firmed, and shall be considered good and valid, in the 
same manner, as if the persons elected to be town officers 
as aforesaid had been duly sworn, and record thereof 
made according to law. 



CHAP. LXII. 

Resolve in relation to an escheated estate, formerly belong- 
ing to John Nicholas Rudberg. 

February U, 1828. 

Resolved, That his Excellency the Governor, be, and he 
hereby is authorized and requested, to cause the Treasurer 
of the Commonwealth, or such other suitable person as he 
shall think fit, to take possession of an escheated estate in 
Charlestown, formerly belonging to John Nicholas Rud- 
berg, and to hold and improve the same, in the name and 
for the use of the Commonwealth, saving the rights of all 
persons who may have any interest therein. 



CHAP. LXin. 

Resolve on the petition of Robert Waterston. 

February 16, 1828. 

The Committee on public lands, to whom was referred 
the petition of Robert Waterston and others, purchasers of 



SOLOMON TOWNE. 677 

townships in the State of Maine, No. 6 in the 4th range, 
and Number 6 in the 5th range, north of the Lottery lands 
so called, praying that an allowance may be made to them, 
for such sum or sums of money as have been received by 
this Commonwealth, for timber cut from said townships, 
since it was divided to this Commonwhalth, and previous 
to their purchase ; 

For reasons set forth in said petition, and from evidence 
produced, your Committee ask leave to report the follow- 
ing Resolve, which is respectfully submitted. 

JONATHAN DWIGHT, Jr. Chairman. 

Resolved, That the agents for the sale of eastern lands, 
be, and they are hereby authorised and directed, to en- 
dorse on the notes of hand of said petitioners, now in the 
Treasury office, the amount of such sums of money as 
may have been received for timber cut upon townships. 
No. 6 in the 4th range, and Number 6 in the 5th range, 
east of Penobscot River, first deducting therefrom the 
expenses which have accrued in the settlement with the 
persons who committed said trespass. 



CHAP. LXIV. 

Resolve on petition of Solomon Towne. 
February 18, 1828. 

Whereas Solomon Towne of the City of Boston, at the 
October term of the Municipal Court of that City, in the 
year of our Lord one thousand eight hundred and twenty 
seven, did complain of, and prosecute to conviction one 
Samuel Messer, for stealing sundry articles from him the 
said Solomon, of the value of forty seven dollars; and the 
said Samuel gave bond to the Commonwealth, to answer 
said charge in the sum of one hundred dollars, and afterwards 



678 CANADA ROAD. 

absconded, and his sureties voluntarily paid the said sum 
of one hundred dollars to the County Treasurer of the 
County of Suffolk, for which sum the Commonwealth has 
credit, and in consequence of the voluntary payment as 
aforesaid, the said Solomon was prevented from receiving 
the value of the articles stolen from him by the said 
Samuel ; therefore. 

Resolved, That there be paid, to the said Solomon 
Towne, by the Treasurer of this Commonwealth, the sum 
of forty seven dollars out of any monies in the Treasury, 
not otherwise appropriated, and his Excellency the Gov- 
ernor is requested to draw his warrant accordingly. 



CHAP. LXV. 

Resolve authorizing an alteration in the location of the Can- 
ada Road. 

February 20, 1 828. 

The joint Committee on public lands, to whom w^as re- 
ferred his Excellency's Message of the 31st ult. communi- 
cating sundry resolutions and documents of the State of 
Maine, proposing a modification, on the part of this Com- 
monwealth, in the terms of a grant of a township of land, 
made the 15th June last, in such manner, as to permit an 
alteration to be made in locating; the road from the north 
line of the Bingham purchtise, to the north line ot the 
State of Maine, conformably to the survey made by the 
agents of said State the last year, and also asking further 
time to complete the making of said road; have had the 
subject under consideration, and ask leave to report the 
iollowing Resolve, which is repectfully submitted. 

JONATHAN DWIGHT, Jr. Chairman. 

Resolved, That the agents of the State of Maine, to 
whom the superintendance is committed of making the 



MESSAGE. 679 

road from the north line of the Bingham purchase, to the 
Canada line, (called the Canada. road,) be, and they are 
hereby authorized, to alter the course and direction of 
said road, in such manner as to conform to the route 
lately examined and reported by the agents of said State, 
appointed under a resolve of the 12 February, 1827 ; — And 
that said State, be allowed until November 1830, to com- 
plete the making of said road, any thing in the conditions 
of the resolve of the 15th June last, to the contrary not- 
withstanding. 



CHAP. LXVI. 

Gentlemen oj the Senate and of 

the House of Representatives ; 

His Excellency Governor Forsyth, of Georgia, has for- 
warded to me, for the purpose of having laid before this 
Legislature, a Report adopted by the two Branches of the 
General Assembly of that State, on the subjects of the Ta- 
riff and of Internal Improvements. This Document de- 
nounces, as flagrant usurpation, the exercise of the power, 
on the part of the General Government, to encourage Do- 
mestic Manufactures, or to promote Internal Improvement, 
and, in no equivocal terms of opposition and determined 
resistance, invites the concurrence of such of the States 
as may approve of these principles, and gives notice to 
those which may dissent from them, "that Georgia, as one 
of the contracting parties to the Federal Constitution, and 
possessing equal rights with the other contracting party, 
will insist upon the construction of that instrument, con- 
tained in said report, and will submit to no other." 

How far declarations tlius threatening the very existence 
of the Confederacy are called for by any occasion, or in 
what better manner they can be met, than with a sad and re- 
proving silence, I respectfully submit to your dispassionate 
consideration. That they are directly opposed to the sen- 
89 



G30 MESSAGE. 

timents of this Legislature, many recent votes and meas- 
ures will distinctly and emphatically testify. That they 
would be disapproved, on reference to our constituents, 
cannot be doubted. The concurrence of Massachusetts in 
the political doctrines avowed in the Report could not have 
been anticipated ; — and the receipt of the Document may 
therefore the rather be regarded as notice to her of a de- 
termination not to submit to that construction of the Con- 
stitution, which probably loill be maintained here, with a 
purpose as firm, if not in language as ardent, as shall en- 
force the Resolves of her Sister State. 

LEVI LINCOLN. 

Courxil Chamber, February 20, 1828. 



CHAP. Lxvn. 

Gentlemen of the Senate and of 

the House of Representatives ; 

I have the honour of transmitting a Memorial of the 
Pvlayor, Recorder, Aldermen, and Commonalty of the City 
of Troy, in the State of New York, conveying an assurance 
of the hearty concurrence of the People and Common 
Council of that City in the construction of a Rail Road 
from the City of Boston to the eastern shore of the Hud- 
son River, and of their desire to afford every necessary fa- 
cihty for advancing the progress of the proposed entcrprize, 
which may reasonably be requested of them. 

This cordial and timely expression of interest, by the cit- 
izens of a neighbouring Government,in a work which prom- 
ises peculiar and most important benefits to our own Com- 
monwealth, cannot fail to animate the Legislature to the 
adoption of necessary and efficient measures for its prose- 
cution. New York has given the first and strongest im- 
pulse to the wide spreading spirit of internal improvement, 
by creating facilities to intercourse through distant reeions 



MESSAGE. 681 

of population and industry : — and it was with an cnlight- ' 
ened liberality, which extends the desire of advantage to 
every section of a common country, that their late distin- 
guished Chief Magistrate, equally honoured for the eminent 
services of his life, as universally lamented in his death, 
early expressed the most favourable opinion of the accom- 
plishment of aCanal or a Rail Roadcommunicationbetween 
this Capital and the North River, as a great passage way 
for the transportation of foreign merchandise to the interi- 
or, and the productions of both States to the best market. 
The sentiments, which are expressed by the Corporation 
of the City of Troy, are believed to be very generally en- 
tertained by the inhabitants of the other Cities, and of the 
Country upon the River. 

LEVI LINCOLN. 

Council Chamber, February 20, 1 828, 



CHAP. LXVIII. 

Gentlemen of the Senate and of 

the House of Representatives ; 

At the request of the Executive of the State of Maine, 
I lay before you copies of a Survey and Plan of a proposed 
Road from the Mattanawcook Stream, to Houlton Planta- 
tion in that State, with the proceedings which have been 
had, in reference to the laying out and construction there- 
of, in which the cooperation of this Commonwealth is re- 
quested. 

A correspondence which I have had with the Land 
Agent of this Commonwealth, upon the subject of the 
course and distance of the Route through lands owned by 
the State, and the inducements to, and probable benefits 
from the execution of the work, are also submitted for your 
information. 

I also transmit herewith, a copy of an Act of the State 



682 PUBLIC LANDS IN MAINE. 

of Maine, passed on the sixteenth of the current month, 
making appropriations for the expense of a further division 
of the pubUc lands, under the Act of Separation. A con- 
current Act of this Government will be necessary, to ena- 
ble the Commissioners to prosecute the service. 

LEVI LINCOLN. 

Council Chamber, February 21, 1828. 



CHAP. LXIX. 

Resolve directing Commissioners of Public Lands in Maine 
to dispose of the same. 

February 22, 1828. 

The joint Committee on Public Lands, to whom was re- 
ferred so much of His Excellency's Message, made at the 
opening of the present session of the General Court, as re- 
lates to the Public Lands in the State of Maine, Vv'hich have 
been divided and assigned the past year, by the Commis- 
sioners under the Act for the separation of Maine from 
Massachusetts, to be held in severalty by the two States, 
with accompanying documents, &c. — and also relating to 
what measures it may be necessary for the Legislature to 
take, if any, regarding the remaining duties of said Com- 
missioners ; — have had the several subjects under con- 
sideration, and have examined the plans, field books, and 
deed of assignment, by which it appears, that this Com- 
monwealth now hold in severalty, in the State of Maine, a 
valuable tract of territory, and which is particularly valu- 
able for the growth of pine timber, with which it abounds. 
The great and continued expense necessary for protect- 
ing the growth against the depredations of trespassers, and 
also the continual risk of its being destroyed by fires, are, 
in the opinion of your Committee, nearly, or quite equal 
to any expectation that will probably be realized, by an 



PUBLIC LANDS IN MAINE. 683 

advance in the price, especially when taking into account 
the progressive advancement in value of the land more re- 
mote, by the judicious sale of that nearer at hand. Your 
Committee, therefore, are unanimously of the opinion, that 
the interest of this Commonwealth will be advanced, by 
having the lands sold, whenever they are called for by a 
regular and unforced demand. 

In relation to what duties remain to be performed by 
said Commissioners, we are of opinion that it is not neces- 
sary at this time, for the Legislature to take any order there- 
on. Your Committee ask leave to report the following 
Resolves, — which are respecfully submitted. 

Per order, JONATHAN DWIGHT, Jr. Chairman. 

Resolved, That the field books, plans, and other docu- 
ments, relating to the Public Lands in the State of Maine, 
reported by the Commissioners, appointed under the Act 
for separating the District of Maine from Massachusetts 
proper, &c. to have been by them divided and assigned in 
severalty to this Commonwealth the past year, be deposi- 
ted and placed on the files of the Land Ofiice. 

Resolved, That the Agents appointed by Resolves pas- 
sed the 30th day of January 1823, be, and they are here- 
by authorized and empowered, to take such measures as 
they may deem advisable, for selling the lands now belong- 
ing to this Commonwealth, situated in the State of Maine, 
lying South of the Monument line so called, also the lands 
situated northerly and westerly of Moose Head Lake, and 
the Islands in said Lake, either at public or private sale, 
and upon such terms and conditions, as they may judge to 
be for the interest of this Commonwealth, with authority 
to convey the same, by good and sufficient deeds : — Pro- 
vided, however, that the aggregate of sales shall not exceed 
the number of six townships, together with the Island in 
said Lake, called Sugar Island. 



634 Z. HOLBROOK.— W. SIMPSON. 

CHAP. LXX. 

Resolve on the petition of Zenas Holhrook. 

February 23, 1828. 

Resolved, That for reasons set forth in said petition, 
there be allowed and paid, out of the Treasury of this 
Commonwealth, unto Zenas Holbrook, of Brimfield in the 
County of Hampden, the sum of fifty four dollars, and 
that his Excellency the Governor be authorized to draw 
his warrant accordingly. 



CHAP. LXXI. 

Resolve on the petition of William Simpson. 
February 26, 1828. 

Resolved, That his Excellency the Governor, by and 
with the advice of the Council, is hereby authorized to 
appoint three Commissioners, to enquire into, and decide 
upon the claim set forth in William Simpson's petition ; 
whether any, and if any, what compensation, indemnity or 
payment, is due in law or equity, from this Common- 
wealth to said Simpson ; and the said Con?missioners shall 
report to the next Legislature, at the first session thereof, 
a statement of facts, in relation to said claim, and the 
reasons why the same, or any part thereof, ought, or 
ought not, to be allowed and paid by this Commonwealth. 

Resolved, That the said Commissioners shall give notice 
to the Attorney and to the Solicitor General, and to the 
said Simpson or his representative or authorized agent, 
of the time and place of their meeting, three weeks pre- 
vious to the same, and the said Commissioners shall have 
power to send for persons and papers, and to issue proper 



TOWN OF TYRINGHAM. 685 

process for this purpose, and the Attorney and SoHcitor Gen- 
ral, or one of them, shall attend the meeting of the Commis- 
sioners whenjthe petitioner is heard, and allexpenses that may 
accrue in the examination, shall be paid in such manner, 
as the said Commissioners or a major part of them shall 
direct, excepting their own compensation, which shall be 
determined by the Governor and Council : Provided^ that 
the said petitioner shall, before the appointment of said 
Commissioners, give bonds to the satisfaction of the Gov- 
ernor and Council, to pay all expenses attending said 
examination, in case said Commissioners should report, that 
no part of said claim ought to be allowed and paid by this 
Commonwealth. 

Resolved, That his Excellency the Governor is hereby 
authorized to draw his warrant upon the Treasurer of this 
Commonwealth, for such sum, as the said Commissioners 
shall report to be paid by the Commonwealth, for the ex- 
penses that may accrue in the premises, or such part of 
them as they may direct to be paid by said Common- 
wealth ; which it shall be the duty of the Treasurer 
to pay. 



CHAP. LXXII. 

Resolve on certain Pauper Accounts of the town of Tyringham. 

February 28, 1828. 

Resolved, That the inhabitants of the town of Tyring- 
ham, be, and they hereby are required, to repay to the 
Treasurer of this Commonwealth, on or before the last 
Wednesday of May next, all sums of money, which they 
have received from the State, for the support of Mary 
Diskell, Alvira Peters and Pamelia Wadkins, with inter- 
est thereon, from the time when the same were respec- 
tively received, together with the sum of one hundred and 
seventeen dollars and twenty eight cents, being the amount 



686 SAMUEL HUBBARD. 

of expenses incurred by the Commonwealth, in investigat- 
ing their accounts and proceedings in relation to these 
persons. 

Resolved^ That the Solicitor General be directed to in- 
quire into the conduct of those persons, who were con- 
cerned in contriving and prosecuting ihe claim of the 
town of Tyringham, against the Commonwealth, tor the 
support of Alvira Peters and Pamelia Wadkins, and to 
take such measures in relation thereto, as he may deem 
expedient. 



CHAP. Lxxni. 

Resolve on the petition of Samuel Hubbard, as Guardian of 
Thomas Hancock, a person non compos mentis. 

February 28, 1828. 

' On the petition aforesaid, Resolved, That the said Sam- 
uel Hubbard, for the reasons set forth in his petition, be 
authorized, as the guardian of said Thomas Hancock, and 
he is hereby authorized and empowered, to purchase for 
the said Thomas, on such terms as he may think reasona- 
ble, so much land, from tlie owner or owners of some 
one or more of the estates adjoining the said Thomas 
Hancock's portion of the Beacon Hill Estate, which was set 
off tohimbya judgmentofpartitionamong certain heirs, and 
persons claiming under other heirs of the late Governor 
Hancock, rendered at the January term of the Court of 
Common Pleas for the County of Suffolk, A. D. 1819, — 
or, if he thinks most for the interest of said Thomas, to 
exchange a piece of his the said Thomas Hancock's land, 
for such piece or pieces of the adjourning land, for the 
purpose of procuring a convenient way or ways, to the 
land of the said Thomas Hancock, from some one or more 
of the public streets of the City of Boston, and for this 
purpose to execute the necessary conveyances, and in 



J. LYMAN.— L. STRONG. 687 

case of sucli purchase or exchange of land, the said guar- 
dian is hereby authorized, to lay out such private way 
over the land thus purchased or obtained by exchange, from 
the land now owned by said Thomas Hancock, to some 
one or more of the neighbouring streets, in such manner 
and of such width as he may believe will be most for the 
interest of said Thomas Hancock's estate, rendering an 
account of his doings to the Judge of Probate for the 
County of Sufiolk, that the same may appear among his 
acts as guardian of the said Thomas Hancock. 

And the said Hubbard is also hereby further authorized 
and empowered to sell and convey by deed, all or any 
part of the interest of said Hancock, in the whole of the 
abovementioned real estate, with a right to any one or 
more of the ways, to be laid out by virtue of this Resolve, 
either at public or private sale, for cash or credit, and on 
such terms as he shall judge most for the interest of said 
Hancock ; provided however^ such sale or sales shall not 
be under the rate of seventy five cents per foot for the 
whole of said land, exclusive of that part which may be 
used as a passage way, and provided a/so, the said guardian 
shall first give bond totheJudge of Probate for the County 
of Suffolk, in such sum and with such surety or sureties, as 
shall be satisfactory to said Judge, faithfully to account 
for the net proceeds of any sale which may be made 
pursuant to the authority hereby given. 



CHAP. LXXIV. 

Resolve on the petition oj Jos. Lyman and Lewis Strong, 

February 28, 1828. 

Whereas Jos. Lyman and Lewis Strong, administrators 

on the estate of Jonathan H. Lyman, together with the 

legal guardians of the heirs at law of the said Jonathan 

H. Lyman, by a Resolve passed June fifteenth, eighteen 

90 



688 COUNTY COMMISSIONERS. 

hundred and twenty seven, were authorized to convey 
certain real estate, mentioned in said Resolve, of which 
said Lyman died seized in trust, and whereas, no legal 
guardian is appointed to the heirs of said Lyman. ; 

Resolved, For reasons set forth in said petition, that 
said Jos. Lyman and Lewis Strong, together with So- 
phia Lyman, widow of said Jonathan be, and they are 
hereby authorized and empowered, to convey the es- 
tate mentioned in said Resolve, to such person or persons 
as would in equity and justice be entitled to receive con- 
veyances thereof, were said Lyman living. 



CHAP. LXXV. 

Resolve to authorize adjournments of the meetings of County 
Commissioners. 

February 28, 1828. 

Resolved, That any one of the County Commissioners 
of any County, the Clerk of said Commissioners, or the 
Sheriif of such County, be, and they hereby are authorized 
to adjourn the meeting of said Commissioners, by law to 
be holden next after the passage of this Resolve, in their 
respective Counties, to any convenient time not exceeding 
sixty days ; provided, a majoritv of the Commissioners for 
said County sliall not attend the same, qualified for the 
discharge of the duties of their office; and the Clerk of 
the Commissioners whose meeting shall be so adjourned, 
shall give notice of such adjournment in some news paper 
printed in such County, if such there be, otherwise in some 
adjoining County. 



J. OLIVER.— JUDGE HOWE. 689 

CHAP. LXXVl. 

Resolve on Petition of John Oliver. 
February 28, 1828. 

On the Petition of John Oliver, Island Keeper at Rains- 
ford Island in the harbour of Boston ; 

Resohed, That for reasons set forth in the said petition, 
there be allowed and paid to the said John Oliver, out of 
the Treasury of this Commonwealth, the sum of Sixty dol- 
lars for wood, and the sum of ten dollars and eighteen 
cents for his salary from the ninth day of October to the 
thirty first day of December in the year of our Lord, one 
thousand eight hundred and twenty six, amounting in the 
whole to seventy dollars and eighteen cents, which sums 
were due to said Oliver, on the thirty first day of Decem- 
ber in the year of our Lord one thousand eight hundred 
and twenty six, from this Commonwealth ; — and that his 
Excellency the Governor, by and with the advice and con- 
sent of the Council, be and hereby is authorized to draw 
his warrant therefor. 



CHAP. LXXVII. 

Resolve for payynent to estate of the late Judge Howe. 

February 28, 1828. 

Resolved, That his Excellency the Governor be, and he 
hereby is, authorized and requested to draw his warrant on 
the Treasurer of this Commonwealth, in favour of the le- 
gal representatives of the late Hon. Samuel Howe, for 
such sum of money as would have been due to him, had 
he continued to discharge the duties of his Office, as a 
Judge of the Court of Common Pleas, from the time of 
his decease to the end of the quarter during which he died. 



690 GRAFTON INDIANS.— JOSEPH ROOT. 



CHAP. LXXVIII. 

Resolve vesting the appointment of future Trustees of the 
Hassanamisco or Grcflon Indians in the Governor and 
Council. 

February 29, 1828. 

Resolved, That the Governor and Council for the time 
being, be, and they hereby are, authorized to appoint, from 
time to time, as necessity may require, all future Trustees 
of the Hassanamisco or Grafton Indians. 



CHAP. LXXIX. 

Gentlemen of the Senate 

and of the House of Representatives ; 

I herewith communicate copies of the proceedings of 
the Legislature of the State of Ohio, upon the Resolutions 
of the State of South Carolina which I had the honour re- 
cently to transmit for your consideration. 

LEVI LINCOLN. 

Council Chamber, February 29th, 1828. 



CHAP. LXXX. 

Resolve on the Petition of Joseph Root. 
February 29,1828. 

On the Petition of Joseph Root, Be it Resolved, That 
for the reasons set forth in the Petition of Joseph Root, 



TOWN OF TYRINGHAM. 691 

there be allowed and paid to him the sum of twenty five 
dollars, out of the Treasury of this Commonwealth, and 
that liis Excellency the Governor be authorized to draw 
his warrant in favour of said Root on the Treasurer, for that 
amount. 



CHAP. LXXXI. 

Resolve for paying the expenses of investigating certain pau- 
per accounts of the Town of Tyringham. 

February 29, 1828. 

Resolved, That there be paid, out of the Treasury of 
this Commonwealth, to the members of the Committee for 
investigation aforesaid, for their travel, attendance, ex- 
penses and services, the following sums, viz. 

To Peter Briggs ... 25 dollars & 50 cents, 

To Lester Filley ... 17 dollars, 

To Edward Stevens . . 16 dollars, 
and that there be further paid to said Lester Filley the 
sum [of] 58 dollars and 78 cents, for the attendance and 
services and travel of the Council, Constable, and Witnes- 
ses, to be paid over to them by him according to the sche- 
dule annexed, said sums amounting in the whole to one 
hundred and seventeen dollars and twenty eight cents ; 
and his Excellency the Governor is requested to draw his 
warrant accordingly. 



692 FRANCIS LAWRENCE. 



CHAP. LXXXII. 

Gentlemen of the Senate, 

and House of Representatives ; 

The Secretary is charged with laying before you^a Pam- 
phlet, recently forwarded to me by his Excellency the Gov- 
ernor of the State of Maine, containing copies of interes- 
ting Documents in relation to the subject of the North 
Eastern Boundary. 

LEVI LINCOLN. 

Council Chamber, March 1, 1828. 



CHAP. LXXXIII. 

Resolve upon the petition of Francis Lawrence. 
March 1, 1828. 

Upon the petition of Francis Lawrence, setting forth, 
that, while he was duly employed as an Overseer in the 
Stone Department in the State Prison at Charlestown, he 
received a grievous wound from one John McClaws, a pris- 
oner, whereby his life was endangered, and in consequence 
thereof, he will be in some degree disabled during the re- 
mainder of his life : — therefore. 

Resolved, That there be allowed and paid to the said 
Francis Lawrence, the sum of one hundred dollars, in full 
of all claim and demand by him upon the said Common- 
wealth, for, or [on] account of the injury sustained by him 
as aforesaid. And His Excellency the Governor, by and 
with the advice of the Council, is hereby requested to draw 
his warrant upon the Treasury for that sum accordingly. 



JOHN N. RUDBERG.— SOLDIERS, &c. 693 

CHAP. LXXXIV. 

Resolve relative to the estate of John N. Rudherg. 

March 4, 1828. 

Resolved, That His Excellency the Governor, be, and 
be is hereby authorized to cause to be sold, if he thinks fit, 
in such manner as may be deemed expedient, the real es- 
tate formerly belonging to John N. Rudberg, late of Charles- 
town, in the County of Middlesex, deceased, and which 
has escheated to the Commonwealth. 



CHAP. LXXXV. 

Resolve in favour of Soldiers and Officers, ^c. 
March 4, 1828. 

The Committee of both Houses on Public Lands, to 
whom was referred the petitions of Ebenezer Secomb and 
another, Jonathan Wright and another, and Isaac Organ 
and another, Soldiers, or the heirs and representatives of 
Soldiers who enlisted into the American Army, to serve 
during the Revolutionary War with Great Britain, who, 
by a Resolve dated 5th March, 1801, were entitled to a 
grant of two hundred acres of land to each Soldier, or, in 
lieu thereof, the sum of twenty dollars ; that the above na- 
med persons, or those they represent, elected to take land, 
which has since been drawn in a township, situate and ly- 
ing on or near the boundary line of the State of Maine and 
New Brunswick, called Mars-hill township, but owing to 
the want of roads, and other discouraging circumstances, 
they have not found it practicable to perform the duties 
required by said Resolve, and therefore pray, that a fur- 



694 SOLDIERS, OFFICERS, &c. 

ther extension of time may be granted them, for complying 
with the requisitions of said Resolve. For reasons set forth 
in said petitions, and from an examination into the condi- 
tions of the original grant, and other correlative informa- 
tion ; 

The Committee are of opinion, that as the Legislature, 
in their original grant, intended in some measure to have 
rewarded the meritorious services of those Citizen Sol- 
diers, who aided in establishing our independence, but by 
reason of the advanced age of many of the Soldiers at the 
end of the war, and the general poverty of their descend- 
ants, they have derived no benefit whatever from their 
grant, neither are ever like lo realize any, unless some 
modification is made in the terms of the original grant ; 
we therefore recommend the adoption of the following Re- 
solve, which is respectfully submitted. 

JONATHAN DWIGHT, JR. Chairman. 

Resolved, That there be, and hereby is, granted to each 
non-commissioned officer and soldier, who enlisted into the 
American Army to serve during the Revolutionary War 
with Great Britain, and who was returned as a part of this 
State's quota of said Army, and who did actually serve in 
said Army the full term of three years, and who was hon- 
ourably discharged, and to their heirs and assigns, two hun- 
dred acres of land, to be held in fee simple from the date 
hereof; those who have heretofore drawn lots, to retain 
the lots they have severally drawn, and those who have not 
yet drawn lots, are hereby permitted to draw the same 
from the undrawn lots remaining in said Mars-hill town- 
ship, any time within five years from the date hereof, any 
provisions or conditions in the former Resolves on this 
subject to the contrary notwithstanding. 



SAMUEL FISKE, Esq.^STATE PRISON. 695 



CHAP. LXXXVI. 

A Resolve authorizing Samuel Fiske, Esq. to sell land of the 
Natick Indians. 

March 4, 1828. 

Resolved, That Samuel Fiske, of Natick, in the County 
of Middlesex, Esquire, one of the Guardians of said Natick 
Indians, be, and hereby is, authorized and empowered, to 
sell at public vendue, and to pass deeds to convey the whole 
of the real estate of said Natick Indians, situate in said 
town of Natick, consisting of about thirty acres of land, 
and being the same that was formerly owned by one Han- 
nah Thomas ; Provided, that said Fiske, before making 
said sale, shall post notifications, take an oath, and file a 
bond, to account for the proceeds of said lands, according 
to law, in all things as the law provides in case of the sale 
of the real estate of persons non compos mentis, within 
said County of Middlesex ; — and a