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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,

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.

^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.

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.

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,

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.

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.

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.

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,

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

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

148

138

104 44

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,

Daniel Sanderson,

Thomas M. Field,

James Stoddard,

Aaron Capin,

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,

$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

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,

INDEX

TO RESOLVES OF MAY AND JUNE SESSION,

1824.

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

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

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

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

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

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

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

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

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

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

Newell Josiah, Administrator on estate of Timothy Allen, the

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

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

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

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

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

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

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

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

RESOLVES

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

114 AMHERST COLLEGE.

Joseph Cowls,

witness.

3 16

Stephen A. Dickinson.

2 24

Eli Dickinson,

1 80

Justus Forward,

1 88

Nathaniel Fuller,

3 4

George Gilbert,

1 56

Timothy J. Gridley,

((

2 8

John Gray,

2 40

John Gray, 2d,

2 40

Josiah Gleason,

2 92

Mercy Holland,

1 88

Joel Lyon,

3 84

Myron Lawrence,

((

1 80

Theodore D. Lyman,

1 80

Moses Leonard,

Aaron Merrick,

1 16

Zebina C. New comb,

Ezra Purple,

((

Davis Packard,

((

2 20

Titus Pomeroy,

((

2 12

John Rankin, Jua

5 32

Benoni Rust,

2 8

Orra Sheldon,

Jonathan Smead,

3 60

Prince Snow,

Warren P. "Wing,

((

3 20

Jason Walker,

3 4

Eliab Washburne,

2 80

Alonzo Warner,

((

3 72

Titus Strong,

((

2 36 -

H. Wright Strong, attendance & paper,

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.

Elisha Tilden,

do.

Seneca Holland,

do.

1 26

Zebina Dickinson^

attendance,

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;

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

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,

258 40

140 41

338 00

111

602

145

117

210

443

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,

90 00

94 00

89 09

16 66

10 46

1451

34 45

12 48

1412

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,

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,

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.

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

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,

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.

RESOLVES

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

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

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

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

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.

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

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,

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

1826,

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.

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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SCHEDULE. 343

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TO RESOLVES

PASSED IN JANUARY, FEBRUARY, AND MAR CH, 1826.

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

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

368 HOUSE OF REPRESENTATIVES.

COUNTY OF WORCESTER.

Ashhurnham^

Athol,

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

RESOLVES

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.

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.

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,

14 00

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

David Story,

2 14

Charles Dexter,

2 14

William Andrews,

2 14

Nathaniel Lufkin,

1 64

Samuel Pierce,

6 60

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^

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,

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

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

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.

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

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.

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.

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

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

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, 0 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

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,

Ephraim Ward,

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.

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.

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

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

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.

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.

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-

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

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

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,

Benjamin Parker, Jr.

1 46

Daniel B. Sticknev,

1 54

Wm. M. Rollins,

1 54

Benjamin Morse, jr.
Daniel Atwood,

1 38
1 46

Jacob B. Emery,

1 46

James Morse,

1 38

•'

Nathan Hardy,

1 54

,,;

Ira Hopkinson,
Simon Atwood, Jr.

1 54
1 46

Charles Fairbank,

1 46

Moses Foote,

1 38

Manly Hardy,
Gardner Spafford,
Aaron Parker, Jr.

1 38
1 38
1 38

Maj.
Willi

Caleb Gushing, for stationary,
[am Flanders, service of citations.

4 80

Wilham Brown, service of summons,

2 60

Michael Parker, " " "

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,

35 00

3 98

2 48

3 48

3 66

5 20

4 48

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,

2 04

4 50

2 50

14 00

6 30

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

10 42

40 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 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

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

Fuel, &c. to be purchased for the use of government, - - - 605

ii INDEX.

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

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

Maine, township granted to, on condition of making certain State

Road, 595

Morey John, discharged from imprisonment, . - - - 595

Plymouth, first Congregational parish in, may call parish meeting, 585

Railway, from Boston to Hudson River, route for, to be surveyed, 589

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

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

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

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.

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

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 an action may be main-
tained on said bond by any party interested ; and said Fiske
may perpetuate the evidence of the notice in the same man-
ner as the law provides, in case of sales of the real estate
of persons non compos mentis.

CHAP. LXXXVII.

Resolve authorizing the appointment of a Committee to exam-
ine the accounts of the State Prison.

' March 4, 1828.

Resolved, That His Excellency the Governor, be, and he
is hereby, authorized and empowered to appoint a Com-
mittee, not exceeding three in number, whose duty it shall
91

696 SELDEN SPENCER.

be, to examine all books of accounts, and all voucbcrs, and
other papers relating thereto, so far as shall be necessary
to obtain a full knov/ledge 6f the financial situation of the-
State Prison, as it was on the thirtieth day of September,
one thousand eight hundred and twenty-three, and from
that time to the first day of April next : and also to exam-
ine the accounts of Thomas Harris, as vSuperintendant of
the New Prison, and the vouchers, and other papers there-
to belonging : and said Committee shall have power to
send for persons and papers, and shall make detailed and
separate reports of their doings to the Governor, as soon
as may be after the same shall be completed. And His
Excellency the Governor is hereby authorized to draw his
warrant on the Treasury of this Commonwealth, for such
sums as may be necessary to defray the expenses of such
investigation.

CHAP. LXXXVHI.

Resolve in favour of the Estate of Selden Spencer.

March 4, 1828.

Resolved, That the sum of ninety dollars be paid, out
of the Treasury of this Commonwealth, to the Administrator
on the Estate of Selden Spencer, a Representative from
the town of Hinsdale in 1826, (for the benefit of his widow
and children) to defray the expenses attending his sick-
ness and death, and that his Excellency the Governor be
requested to draw his warrant accordingly.

NICHOLS ACADEM\ .— T. B. VVYMAN. 697

CHAP. LXXXIX.

Resolve in favour of Trustees of Nichols Academy.

March 5, 1828.

Resolved, That the Trustees of Nichols Academy be,
and they are hereby autliorizcd and permitted, to select the
half township granted to- said Academy, by a resolve dated
8th February, 1825, out of any of the unappropriated lands
in the State of Maine, which shall remain the property of
this Commonwealth on the first day of July next, to be
laid out at the expense of said trustees or their assigns un-
der the direction of the land Agent, who is hereby author-
ized to make and execute a good and sufficient deed of the
same to said trustees or their assigns, sul>ject to the reser-
vations required by the 7th section of the act passed 19th
June 1819, relating to the separation of Maine from this
Commonwealth.

CHAP.XC.

Resolve on the Petition of Thomas B. Wyman.

March 8, 1828.

Resolved, That, for reasons set forth in said petition,
there be allowed and paid, out of the proceeds of sale of
the Estate of the late John N. Rndbcrg in Charlestown,
which has escheated to the Commonwealth, the pum of
eight hundred dollars, as equitable compensation for the
care and maintenance of Ann Rudberg, the widow of the
said John, and for repairs, taxes and expenses on said
Estate, since the decease of the said John, paid for by said
Wyman, and for which ho has no other remedy. And Hi^
Excellency the Governor is hereby requested to draw his

698 I. JEWETT AND OTHERS.

warrant on the Treasury for the said sum of eight hundred
dollars, whenever there shall be so much money there re-
ceived from the sale of the said Estate.

CHAP, XCI.

Resolves for ascertaining the sense of the Inhabitants of the
several towns in the Counties of Worcester and Middlesex,
for a new County, as prayed for in the petition of hers
Jewett and others.

Ma/x/tS, 1828.

Resolved, That the Selectmen of the several towns in the
Counties of Worcester and Middlesex, insert an article in
the warrant for calling a Town Meeting on the first Mon-
day of April next, of the following tenor : " Shall a new
County be formed of the Towns of Royalston, Winchen-
don, Athol, Templeton, Gardner, Westminster, Ashburn-
ham, Fitchburg, Leominster, Lunenburg, Princeton, Hub-
bardston, Phillipston, Lancaster, Bolton and Harvard, from
the County of Worcester ; and the towns of Groton, Shir-
ley, Pepperell, Ashby and Townsend, from the County of
Middlesex, prayed for in the petition of Ivcrs Jewett and
others ?" 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, be-
fore the last Wednesday of May next, in the same manner
as is provided for the return of votes for Senators.

Resolved, That the Secretary of the Commonwealth be
directed to send a printed copy of these Resolves to the
several Town Clerks in said Counties.

COUNTY TAXES. 699

CHAP. XCII.

Resolves granting Taxes for the several Counties.
March 8, 1828.

Wliereas, 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 exhibited estimates, made by said Courts, of the ne-
cessary charges, which may arise within the several Coun-
ties, for the year ensuing, of the sums necessary to dis-
charge the debts of the said Counties.

Resolved, That the sums annexed to the several Coun-
ties, contained in the following Schedule, be, and the same
are, hereby, granted as a Tax, for each County respective-
ly, to be apportioned, assessed, paid, collected, and applied
for the purposes aforesaid, according to law.

County of Hampshire, eleven thousand, five hun-
dred dollars, .... ^11,500
" Franklin, sixteen thousand, two hun-
dred dollars, .... 16,200
" Hampden, eight thousand dollars, . 8,000
*' Barnstable, five thousand, five hundred

dollars, 5,500

" Plymouth, five thousand dollars, . 5,000

" Essex, thirty thousand dollars, . 30,000

" Worcester, sixteen thousand dollars, 16,000
" Norfolk, nine thousand, eight hundred

dollars, 9,800

" Bristol, eleven thousand dollars, , 11,000

" Dukes County, eight hundred dollars, 800

" Middlesex, sixteen thousand dollars, 16,000

700 CLERKS.— D. TOWNSEND.

CHAP. XCllI.

Resolve providing for the pay of Clerks.

March 10, 1828.

Resolved, That there be paid, out of the Treasury of
this Commonwealth, to the Clerk of the Senate, eight
dollars per day ; to the Clerk of the House of Repre-
sentatives, ten dollars per day; and to the Assistant Clerk
of the Senate, six dollars per day, for each and every
day's attendance they have been, or may be employed in
that capacity, during the present session of the Legisla-
ture ; and that there be further paid, to the Clerk of the
Senate and the Clerk of the House of Representatives,
one hundred dollars each, for copying the journals for the
Library, as required by the orders of the two branches
of the Legislature ; and his Excellency the Governor is
requested to draw his warrant accordingly.

CHAP. XCIV.

Resolve graiiting a set of Laws to David Townsend.

March 10, 1828.

Resolved, That the Secretary of the Commonwealth, be
directed to deliver to David Townsend, Esq. a Represen-
tative from the town of VValtham, one set of the Laws of
this Commonwealth, published by a Kesolve passed Feb-
ruary twenty second, one thousand eight hundred and
twenty two.

Q. M. G. DEPARTMENT.— M. HASLOP. 701

CHAP. XCV.

Resolve making an appropriation for Quarter Master Gen-
eraPs Department.

March 10, 1828.

On the memorial of William H. Sumner, Adjutant Gen-
eral and Acting Quarter Master General ;

Resolved, That the sum of three thousand nine hundred
eighty nine dollars and eighteen cents, be, and hereby is
appropriated to the use of the Quarter Master General's
Department, for the purpose of building four new gun
houses, repairing public buildings, and defraying the
expenses of that depaitment ; and that the Governor of
this Commonwealth, for the time being, by and with ad-
vice of Council, be requested to draw his warrant on the
Treasurer for the same, for such sums, and at such pe-
riods, as the public service shall require, in favor of the
Adjutant General, for the application of which he is to be
accountable, together with the further sum of one thou-
sand four hundred, sixty dollars and eighty two cents,
the balance of appropriation for 1827, remaining on hand
unexpended.

CHAP. XCVI.

Resolve on the petition of Mary Haslop.
March 11, 1828.

On the petition of Mary Haslop ;

Resolved, For reasons set forth therein, that Martha
Robbins, be, and she is hereby authorized to sell and con-
vey all the interest of said Mary Haslop and Mary Stimson,
[daughter of said Mary Haslop, either by public or private sale,

702 DEAF AND DUMB PERSONS.

in a certain estate described in a deed of trust between said
Martha Robbins and said Mary Haslop, by the name of
Mary Stimson, dated the thirteenth day of November, in
the year of our Lord eighteen hundred and twenty, and
recorded in the Registry of Norfolk, Lib. 64, fol, 13, pro-
videcU that said Martha Robbins first give bond, with suf-
ficient surety, to the Judge of Probate of the County of
Norfolk, in such sum as said Judge shall direct, that
she will hold the proceeds of such sale, as in said deed
was covenanted, to pay the income thereof to the use and
maintenance of said Mary Haslop during her life, and af-
terwards to pay the whole fund to the children of said
Mary.

CHAP. xcvn.

Resolve respecting Deaf and Dumb Persons^ to he sup-
ported at the Asylum at Hartford.

March 11, 1828.

Resolved^ That no Deaf and Dumb Person shall here-
after be placed upon the list of persons to be supported at
the Asylum at Hartford, at the expense of this Common-
wealth, who is under fourteen years of age.

CANAL SURVEV.— WES. ACADEMY. 703

CHAP, xcviir.

Resolve to authorize the survey for a Canal from Boston to
the Blackstone Canal, and thence to Western, to he ex-
tended to the Connecticut River.

March 11, 1828.

Resolved, That the Board of Commissioners for Internal
Improvements, who were directed by a Resolve passed
March second, one thousand eight hundred and twenty
seven, to survey a route for a Canal from Boston to the
Blackstone Canal, and thence to Western, be directed to
extend their survey from Western to the Connecticut
River, in or near the general route of the valley of the
Chickapee River, and to make report thereof to the Gov-
ernor and Council, to be laid before the Legislature.
Provided, that the expenses of the said Survey shall not
exceed the sum of one hundred dollars.

CHAP. XCIX. ^-.^

Resolve on the petition of the Trustees of the Wesleyan

Academy,

March 11, 1828.

On the petition of the Trustees of the Wesleyan Acade-
my in Wilbraham ; —

Resolved, That there be, and hereby is, granted to the
Trustees of the Wesleyan Academy in Wilbraham, their
successors in said office, or assigns, for the sole use and
benefit of said Academy, one half of a township six miles
square, from the unappropriated lands in the State of
Maine, which, on the division of said lands, fell to the
share of this Commonwealth ; and to be subject to all the
reservations usual in grants of this kind ; the same half
92

704 JOHN V. LOW,

township to be vested in said Trustees, their successors in
said office, and assigns forever, for the sole use and bene-
fit of said Academy, reserving four hundred acres, one
half for the use of schools, and the other half for the use
of the ministry therein; the said half township to be laid
out under the direction of the Commissioners for the sale
and settlement of eastern lands, or of the agent of the
Massachusetts land office, at the expense of said Trustees,
and to be selected from the lands of the earliest survey
remaining unappropriated. Provided^ the said Trustees,
within five years from and after the laying out and loca-
tion of said half township, cause ten families to be set-
tled thereon ; and provided also, that said Trustees give
bond to the Treasurer of this Commonwealth, faithfully to
apply the proceeds and avails of said half township to the
sole use and benefit of said Academy.

And be it further Resolved, That the said half township
of land shall be located agreeably to the foregoing pro-
visions, within ten years from the first day of June next,
Otherwise this grant shall be void.

CHAP. C.

Resolve for paying John V. Low.

March H, 182S.

Resolved, That there be allowed and paid, from the
Treasury of this Commonwealth, to John V. Low, Assist-
ant Messinger 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.

LAWS— COM. ON ACCOUNTS. 705

cpiAP. cr.

Resolve for purchasing a Volume of the Laws.
March 12, 1828.

Resolved, That the Secretary of the CommoRvveahh be
authorized and directed to purchase of Messrs. Wells
and Lilly, at ninety cents a volume, 675 copies of the
volume of the General Laws, lately published, in continua-
tion of the two volumes of General Laws edited by Theron
Metcalf, Esq.

Resolved, That the said copies be distributed as follows,
2 to the Library of the General Court, — 3 for the use of
each branch of the Legislature, — I for each town in the
Commonwealth, — 1 for each Judge of the several Courts
in the State,—! for each of the Executive Departments, —
1 for each Member of the three Branches of the Le-
gislature,— 1 for each of the Court Houses in the several
Counties.

Resolved, That his Excellency the Governor be autho-
rized to draw his warrant on the Treasurer, to defray the
expense of the aforesaid purchase.

CHAP. CIl.

Resolve in favour of Committee on Accounts.

March 12, 1828.

Resolved, That there be allowed and paid, out of the
Public Treasury, to the Committee appointed to examine
and pass on accounts presented against this Common-
wealth, for their attendance on that service during the

706 CHAPLAINS— THOMAS HARRIS.

present session, the sum of one dollar per day, in addition
to their pay as members of the Legislature, viz.

To John Keyes, fifty-two days, fifty-two dollars.

Wm. Ellis, fifty-two days, fifty-two dollars.

Josiah Robbins, forty-eight^ays, forty-eight dollars.

Warwick Palfray, forty-eight days, forty- eight dollars.

Benjamin C. Perkins, forty days, forty dollars.

CHAP. CHL

Resolve for paying the Chaplcdns of the two Houses.

March 12, 1828.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Rev. George Ripley,
Chaplain of the House of Representatives, and to Rev.
William Jenks, Chaplain of the Senate, sixty dollars each,
for their services the present poHtical year : and His Ex-
cellency the Governor, be, and hereby is, authorized to
draw his warrant therefor.

CHAP. CIV.

Resolve on the petition of Thomas Harris, Warden of the
State Prison at Charleston n.

March 12, 1828.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Thomas Harris, War-
den of the State Prison, the sum of six thousand three hun-

NORTH EASTERN BOUNDARY. 707

dred and ninety two dollars, and fifty-six cents, it being the
amount of the deficit as it existed on the settlement of
the accounts of the State Prison, on the thirtieth day of
September last. And His Excellency the Governor, by
and with the advice of Council, is hereby authorized and
requested to draw his warrant on the Treasury for that
amount.

CHAP. CV.

Resolve for printing the Message and Documents relating
to the North Eastern Boundary.

March 12, 1828.

Resolved^ That the Secretary of the Commonwealth
cause to be printed the following Documents relating to
the North Eastern Boundary, viz.^ — Letter from the Gov-
ernor of Massachusetts to the Governor of Maine, dated
November 13, 1827, — Letter from the Governor to G. W.
Coffin, Esq. dated November 16, 1827, — Answer of Mr.
Coffin, dated November 21, 1827, — The Message of the
Governor to the Senate and House of Representatives, da-
ted March 1, 1828, together with the Documents accom-
panying the same.

Resolved, That the Secretary procure one thousand co-
pies of said Documents, to be deposited in his office, and
that he deliver one copy to every member of the present
Legislature who shall apply for it, and dispose of the resi-
due, or any part of them, in such manner, as the Execu-
tive or the next Legislature shall direct.

708 H. A. WOODS, & D. HERRING.— LIBRARIAN.

CHAP. CVI.

Resolve on the petitions of Henry A. Woods and Daniel Her-
ring.

March 12, 1828.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Henry A. Woods, of
Townsend, the sum of twenty-five dollars a year, for three
years, should he live so long, for a wound he received when
on military duty, in the year 1823; — also, to Daniel Her-
ring, of Roxbury, the sum of eighty-seven dollars, to pay
his expenses incurred by reason of a wound received when
on military duty in October last, and the further sum of
fifty dollars a year, for four years, should he live so long,
on account of the injury sustained thereby. And His Ex-
cellency the Governor is hereby requested to draw his war-
rants on the Treasury accordingly.

CHAP. CVII.

Resolve for paying the Librarian.

March 12, 1828.

Resolved, That there be paid, out of the Treasury, to
George W. Coffin, for his services as Librarian, during
two years past, the sum of one hundred dollars, and that
His Excellency the Governor be requested to draw his war-
rant accordingly.

B. F. VARNUM.— PAY OF WITNESSES. 709

CHAP. CVIII.
Resolve in favour of Hon. B. F. Varnum.
March 12, 1828.

On the report of the Hon. Benjamin F. Varnum, a Com-
missioner appointed by a Resolve of the Legislature, to
cause to be erected Monuments on the Boundary Line
between Massachusetts and New Hampshire, —

Resolved, That there be allowed and paid, to the Hon.
Benjamin F. Varnum, the sum of one hundred and seventy
seven dollars and seventeen cents, (^177,17), being so
much money expended by him for the purchase of stone
monuments, and for labour and other expenses incurred in
placing said monuments ; and the sum of ninety-one dol-
lars and sixty-three cents, for his services, including all
other expenses. And His Excellency the Governor is here-
by authorized and requested to draw his warrant on the
Treasurer for the amount of said sums, being two hundred
and sixty-eight dollars and eighty cents, (^268,80).

CHAP. CIX.

Resolve for jmying certain persons who were required to give
evidence before the Committee of the Legislature, on the
concerns oj the State Prison.

March 12, 1828.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to the persons hereafter
named, who were required to give evidence before the
Committee of the Legislature, charged with the investiga-

710

PAY OF CERTAIN WITNESSES.

tion of of the affairs of the State Prison at Charlestown,
the following sums, viz.

To William Going,
Francis Brown,
Amos Hunt,
Gregory Bowman,
Benjamin Mansir,
James Tolman,

one dollar and eighty-six cents,
one dollar and thirty-eight cents,
one dollar and thirty-eight cents,
one dollar and fifty-four cents,
one dollar and thirty-eight cents,
four dollars and seven cents.

ROLL, No. 98 JANUARY, 1828.

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

That there is due to the several corporations and per-
sons hereinafter mentioned, the sums set against theirnames
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,/or the Committee.

PAUPER ACCOUNTS.

Adams, for support of John Dean, Eliza Hoskins,
and Susan Schyler till their death, Philinda
Hill, Jeremy Derry and wife, Robert Harris,
Ebenezer Lilley, Allice Waterman and child,
and a child of Thomas Jones, Sarah Goodrich,
Uriah Carpenter, Sarah Dodge, Saloma Schy-
ler, and Molly Diamond, to January 5th, 1828, ;$f383 32

Amherst, for support of Jane and Polly Richard-
son, Jerusha Douglass, to January 1, 1828, 58 73

Amesbury, for support of Robert Baker, to Jan-
uary 3, 1828, 46 80
93

712 PAUPER ACCOUNTS.

Attleborough, for support of William Thompson
till his death, Peggy Taylor, Margaret Allen
and two children, Eliza and John, Mary Mont-
gomery, William and Martha, children of John
Slontgomery, Thomas Riley, Ann Bromerly
and tive children, viz. Samuel, Mary, Betsy,
Eleanor, and James, James Weeks, to Janua-
ry 1, 1828, 411 65
Ashburnham, for support of Sukey Franklin, Mrs.
Stinegar, wife of Henry Stinegar, and their
children William and Hiram Stinegar, to Jan-
uary 19, 1828, 150 20
Acton, for support of Quartus Hosmer till his

death, 24 03

Abington, for support of David Jack, Margaret
his wife, and Antonio Julia, to January 28,
1828, 89 10

Andover, for support of Ann Hiland, till her
death, Sekey Hornsbury, Nancy Thompson,
and children, viz. Happy Murphy, aged 5 years,
Charles Reed, aged 3 years, Oliver Reed, a-
ged 18 months, John Hyde, William Dole, Ed-
mond Flayland, and children of said Ann Hi-
land, viz. John Censer, George White, Isabella
White, and an infant, to January 1, 1828, 135 3S

Alford, for support of Prudence Golhurn and Ma-
ria Stone till their death, and Sylvia C. Glynn
and her children, Henry, Justus, and Lo-
renzo, and Susan Wheeler, and Oscar Wheel-
er, Minerva Smith, and Henrietta a black child,
to January 1, 1828, 262 21

Bridgewater, for support of John Chesnut and

wife, and John C, Drew, to January 18, 1828, 111 60

Brookfield, for support, of Abigail Severus, to Ju-
ly 6, 1827, 11 32

Billerica, for support of the wife of Alexander
Mc Rea, and live children, and James Dunn,
to January 5, 1828, 125 00

Blanford, for support of John H. Durham, to Jan-
uary 1, 1828, 46 80

Beverly, for support of Dolly Claxton, Ann Fran-

PAUPER ACCOUNTS. 713

cis, and Elizabeth Francis her child, David
Murphy, and John Kelly, to January 1, 1828,
also Rowland Robinson and Seth K. Marshal,
till their death, 100 68

Berkley, for support of Jacob Toney, to Janua-
ry 1, 1828, 46 80
Belchertown, for support of Hannah Leavens, Fi-
delia Barden, and Amelia Barden, to January
1, 1828, 80 82
Brighton, for support of John T. Baker, to Jan-
uary 7, 1828, 46 80
Becket, for support of Elizabeth Hamblin, Sarah
Derlan, James Graham, and John Reed, to
January 19, 1828, 98 10
Boston, for support of sundry Pau))ers at the

House of Industry to January 1, 1828, 4350 89

Boston, for support of Juvenile Offenders at the

House of Reformation, to January 1, 1828, 326 78

Boston, for supplies furnished sundry Paupers, to

January 1, 1828, 1176 87

Burlington, for support of John A. Pashoe, and

Thomas Hardman, to January 25, 1828, 93 60

Braintree, for support of Titus Christopher Jo-
seph, Ann Gowith, and 3 children, viz. Joseph,
7 years, Mary Ann, 5 years, Ann Maria, 3 years,
to January 1, 1828, 218 40

Barre, for support of Dinah Baker to Janua-
ry 25, 1828, 46 80
Bolton, for support of James Daley and John

Daley, to June 12, 1827, 16 00

Brimfield, for support of Thomas Corban, John
Shelburn, and funeral expenses of Bery Jack-
son, to February 13, 1827, 54 50
Boston, House of Correction for sup))ort of sun-
^ "dary paupers to September 30, 1827 inclusive, 642 99
Carlisle, for support of Robert Barber, to January

3, 1828, 46 80

Chesterfield, for support of Sarah Polly, to Janu-
ary 7, 1828, 46 80
Cheshire, for support of Noah Randall, Polly
Cooper, Molly Dimond, Alexander Williams,

714 PAUPER ACCOUNTS.

George Williams, Samuel Williams, Leonard
Williams, Mary Ann Williams, to Jan. 9, 1828, 187 50
Conway, for support of Martha and Sally Mc

Murphy and Hannah Hall, to January 1, 1828, 137 70
Charlton, for support of Amia Dixon, George
Bixon, and Lafayette Dixon, to September 3,
1827, 66 50

Concord, for support of John Scott and wife,

and Shelden P. Fuller, to January 1, 1828, 24 84

Carver, for support of Martin Grady, to January

1, 1828, 46 80

Charlestown, for support of sundry paupers, to

January 10, 1828, 2,516 76

Colrain, for support of Peter R. Hart, Samuel
Dean, Sally Hart, Mary Hart and Stephen
Hart, children of said Sally Hart, Betsy Hart
and 3 children, Cate Vanvaltenburg, Lucy
Freeman, and her two illegitimate children,
viz. John Evans and Thomas White, to January
14, 1828, 222 30

Clarksburg, for support of Naomi Hill, and four

children, to January 3, 1828, 89 90

Canton, for support of George Russell, to Aug.

4, 1827, 17 10

Chelmsford, for support of Catharine Mc din-
ning, Joanna Mc Lane, Thomas H. Miller,
Mary Ann Prichtle, John Richard Prichtle, Nan-
cy Prichtle and Catharine Prichtle, to Janu-
ary 1, 1828, 223 60
Chelsea, for support of Betsy Janes, to January

2, 1828, 46 80

Chester, for support of Ann Butolph, Francis

Cochrane and wife, to February 1, 1828, 44 10

Cambridge, for support of sundry paupers, to

January 26, 1828, 1,934 69

Dedham, for support of Elizabeth Wilcox, Martha
Cook, Isabella Kelly, William Clark, Eleazer
Hodgsdon, John Brown, Anthony Hart, Nancy
Chatman, — John Chatman aged 5 years, and
an anonymous female, to February 1, 1828, 65 71

PAUPER ACCOUNTS. 715

Dracut, for support ot Moses Freeman, to Janu-
ary 10, 1828, 46 80

Dorchester, for support of Francis Boyden and
John Jackson till their death, William West,
Isabella West, George West, John Graham,
Mira Litchfield, and George Rounds, to Jan.
1, 1828, ^9 46

Duxbury, for support of David Fuller, Sambo
and 3 children, Eleazer Simmons till his death,
Ludia Dace and Thomas Williams, and Wil-
liam D. Hosford, to Janu,ry 12, 1828, 148 97

Dennis, for support of John Bloom and Thomas

Drew, to January 8, 1828, 94 75

Deerfield, for support of Dolly Roberts, Lavina
Witherell and Daniel Ellis, to January 1,
1828, 82.54

Dudley, for support of Julia Vandorces till her
death, Dolly Vandorces till her death, William
Sloan, Allsbury Reynolds and Sarah Rey-
nolds, to January 1, 1828, 184 00

Dartmouth, for support of William Earl till his
death, and William Williams to March 23,

1827, 20 67
Dan vers, for support of John Fitzgerald, Owen

Mellen, Thomas Littlewood, John Henley,
Cesar Wilcox, James Wallis, Ruth Parsons,
Morris Foley, David Murphy, Thomas Mar-
shall, Catherine Marshall and her three chil-
dren, Mary, William and Agnes, to February
6, 1828, ^ 309 27

Dighton, for support of Hannah Tew, to Janu-
ary, 24, 1828, 46 80

Eastham, for support of Benjamin F. Johnson,

to January 1, 1828, 46 80

East Bridgewater, for support of Nath. Law-
rence, Lucinda New and her child, Betsey
Chase and Elisha Stevenson, to January 17,

1828, 88 60
Egremont, for support of Benjamin Daley, Eliza-
beth Daley, Reuben Van Guilder, Rosanna

Van Guilder alias widow Humphrey, Isaac

716 PAUPER ACCOUNTS.

Freeman, William Race and Children, Will-
iam, Rhoda, and Nancy Gilbert Kline, and Har-
riet Kline, to January 15, 1828, 286 93
Framingham, for support of Daniel Campbell,
James Briggs and EUeck Taylor, to January
9, 1828, 93 60
Fairhaven, for support of Sarah Cair, Akus Sis-
son, John Bissemore, Phillip Wing, Dorcas
Smith and her children, John Carr and Tho-
mas Simond, to January 1, 1828, 254 37
Foxborough, for support of Sally Donaldson,
Susan Rider and Nancy Bartlct, to December
29, 1827, 69 86
Falmouth, for support of Edward Edwards, to

January 19, 1828, 46 80

Greenfield, for support of Olive Bates' child, and

child of Jack Goland, to January 6, 1828, 46 50

Goshen, for support of Hannah Day, to January

1, 1828, 7 20

Groton, for support of Benjamin Smith, wife and
four children, Orin aged 11, Thankful aged 9,
Cyrus aged 6, Harriet aged 4, Richard Bun-
ton, Mary Rolfe, Eunice Bentrardt, to January
10, 1828, 151 58

Granville, for support of Samuel Gallop and

Sally Stewart, to January 5, 1 828, 55 80

Great Barrington, for support of Isaac Hoose,
Mary Hoose, Joanna and Lucy Porter, Tem-
perance Sears, Ann Wells and her children
Mary Ann, Edward and Amerilla, to Janu-
ary 7, 1828, 177 60
Gloucester, for support of sundry paupers, to

January 15, 1828, 540 83

Hancock, for support of William North to his
death, Silas Shii)man, Israel Clark, John H.
and Jane North, Esther Jones to her death,
and three children of said Esther, to January
2, 1828, 137 80

Harwich, for support of James Robertson, to

January 1828, 29 70

Hadley, for support of Rebecca Allen, to Janu-
ary 1, 1828, 46 80

PAUPER ACCOUNTS. 717

Hubbardstown, for support of Daniel Miindell, to

January 4, 1828, 28 29

Hanson, for support of James Cook, and Eliza-
beth Jael, to January 1, 1828,

Bingham, for support of Joseph Cole to his death,

Hopkinton, for support of Eleanor and William
Sloan, to July 6, 1826,

Heath, for support of Mary Dewandalair, to Feb-
ruary 4, 1828,

Hanover, for support of Mary Ann Tufts, to Feb-
ruary 4, 1828,

Ipswich, for support of John O'Brien, to Feb-
ruary 8, 1828,

Kingston, for support of Sophia Holmes, to De-
cember 9, 1827,

Lynn, for support of John Battis, John Montgom-
ery, Margaret Henley, Patrick Clayton, Betsy
Clayton, Ann Farrell, Elijah Sanderson, Mary
Ann Smith, Matthew O'Neal, Francis M. O'
Neal, also children, viz. John Farrel, Henry O'
Neal, Eliza O'Neal, Ann O'Neal, James O'
Neal, and John O'Neal, to February 3, 1828, 160 87

Lincoln, for support of Edward Williams, to No-
vember 27, 1827, 4 50

Longmeadow, for support of Dorcas Coville,
Charlotte Chapman and child, to January 1,
1828, 64 60

Lenox, for support of Moses Mc Gaw, Maria
Palmer, (Caroline Weaver, a child of Caroline
Hubbell,) Samuel Bell, Edward Hurlburt, and
his children, viz. Aurilla, Lucinda, and Lucris-
tia Hurlburt, Samuel Boid, and Emeline Hub-
bell, to January 1, 1828, 176 50

Lanesborough, for support of Eunice Foot, Lucy
H. Goman, Mary Squinos, Amos Dodge, Mary
Dodge, Amelia i3ennet, Rufus Dodge, Loring
Dodge, John Dodge, Amandie Lane, and Fi-

■ delia Dodge, to January 1, 1828, 262 80

Leicester, for support of Rolin Cobb, his wife and
four children under 12 years of age, Nathaniel
Scott, to his death, Nicholas Ohen, Thcophi-

718 PAUPER ACCOUNTS.

his Davis' wife and two children, and Thomas
Waters, to January 1, 1828, 268 58

Lee, for support of Sarah Ross, Abigail Demo-
ranvil, Phebe Demoranvil, Don Leander Quig-
ley, Henry Quigley, Florilla Miller, William
Wilson, and Rebecca his wife, James Wilson,
Jane Austin, Sidney and John Mc Key, Rich-
ard Smallman, Oren Blanchard, and Lavina
Blanchard, and Betsy Knox, to January 15,
1828, 360 61

Leverett, for support of John Gawney, to Janu-
ary 1, 1828, 47 70

Leyden, for support of Arnold Clark, Tacy Ful-
ler, Ruth Abel, Desire Stanton, Joseph Abel,
and Hannah Cole, to January 7, 1828, 172 80

Montague, for support of Edward Potter, his
wife, Sarah Potter, and Anna Sinclair, to Jan-
uary 9, 1828, 86 40

Maiden, for support of sundry Paupers, to Feb-
ruary 27, 1828, 150 82

Milbury, for support of Thomas Shearer, James
Witch Patrick, Thomas Brown, and John Phe
Ian, to January 1, 1828, 12 22

Medford, for support of Dorothy Limon, to Jan-
uary 1, 1828, 46 80

Monson, for support of Chester Tobey, and John
Simons, till their death, Roxana Dickenson,
and Benjamin Wallace, Flora Story, Mary Al-
len, and Cynthia Bowers, to January 1, 1828, 150 30

Mount Washington, for support of Robert Baker,

to January 1, 1828, 17 70

Montgomery, for support of William Converse,

to January 1, 1828, 46 80

Marshfield, for support of Samuel Holmes, and

John Baker, to December 24, 1827, 93 60

Middleborough, for support of sundry Paupers,

to January 1, 1828, 742 95

Middleton, for support of Joseph Francis to his

death, 28 85

Milton, for support of Archibald Mc Donald,
James Bowman, Isabella Murry, Mary Wright,

PAUPER ACCOUNTS. 719

James Wright, Mary A. Wright, Mary and
George Hamilton, and John J. Myers, to Feb-
ruary 5, 1828, 148 54
Medfield, for support of George Turner, to No-
vember 25, 1827, 46 80
Milford, for support of Henry Burley, Patrick

Bradley, and child, to February 25, 1828, 60 80

North Brooklield, for support of Esther Johnson,

to January 7, 1828, 31 50

Northampton, for support of sundry Paupers, to

January 1, 1828, 829 52

Norvvick, for support of Ruth Sanford, to Janua-
ry 15, 1828, 46 80
New Bedford, for support of Fanny Condon,
James H. Sewart, Lydia Mingo, and Benjamin
Fuller, to April 1, 1827, (omiited in a fanner
account,) 108 38
Newbury, for support of sundry Paupers, to Jan-
uary 1, 1828, 769 12
Northiield, for support of Joel M. Plum, to Jan-
uary 5, 1828, 32 71
Northborough, for support of Jacob West, to Jan-
uary 1, 1828, 46 80
Newbury port, for support of sundry Paupers, to

January 1, 1828, 956 62

Needham, for support of Sarah Riley, and her
children, viz. Sarah and John Riley, and John
Wilkins, to January 1, 1828, ^ 162 80

Newton, for support of Jonathan French, Timo-
thy Mc Carter, Ann Greene, Margaret Law-
ton, a child, Edmund Deady, and Duncan
Thon»pson, to January 1, 1828, 177 86

Northbridge, for support of John O'Brien, and
Alexander Smith till their death, Thomas Ves-
per and wife, Matilda Inman, Stephen Apple-
ton and his wife, to January 1, 1828, 101 20
New Ashford, for support of Thomas King, to

February 25, 1828, 45 45

New Braintree, for support of Mary Rogers, to

January 3, 1828, 46 80

720 PAUPER ACCOUNTvS.

North Bridgewater, for support of James Dorren,

and WilUam Lewis, to Jumiary 10, 1828, 72 80

Nantucket, for support of tiundry paupers to Jan-
uary 1, 1828, 468 00
Oakham, for support of Toby Barker, to January

1, 1828, 46 80

Otis, for support of Abiel G. Hazard and wife,
Clement Cole and Jennet Mitchell, to Janu-
ary 1, 1828, 114 05
Pelham, for support of Lewis B. Frazer, Will-
iam Banks and Harriett Whipple, to Decem-
ber 24, 1827, 94 60
Philhpston, for support of Abraham Shall, to

January 1, 1828, 46 80

Peru, for support of Sarah Brown till her deatli, 40 48
Plymouth, for support of John M. Roap and

John Walping, to January 14, 1828, 6S 52

Pepperell, for support of David Smith till his

death, 45 10

Pittsfield, for support of William Davis, Thomas
Sovverby, Charles O'Neal, Peggy O'Neal,
Charles Brown, Jane Brown and two chil-
dren, Peggy Barrows, Jauies Gardener, James
Irwin and Samuel Buckway, to January 1,
1828, ^ 166 54

Pembroke, for support of Roda Prince and Mary

Gifford to February 15, 1828, 82 80

Russel, for support of Mary Stcl)bins,Mrs. New-
ton and Sally Harrington, to January 1, 1828, 83 70
Rchoboth, for support of Aaron Freeman, Lucy
Kelly, Dinah Kelly till her death, John Kelly,
son of said Dinah, Rosanna Freeman, a child,
Joseph Austin, Asa Edwards and Mrs. Saimlee,
to December 30, 1827, 214 62

Rowley, for support of Elle Collins, Triphosa
Knight, William O. Bcimet, Louisa Price,
John O'Brient, and two cliihlren, Alphonso
Knight, and Ann Maria Knight, to January
7, 1828, 136 53

Richmond, for support of Roxana Minston till her
death, Uriah Fuller, Sanmel Hill, Nancy Jes-

PAUPER ACCOUNTS. 721

sup, Martha Hager, Susannah Darling and
her children, viz. Amos, Betsy and Sarah Ann,
to January 7, 1828, 512 39

Roxbury, for support of Jane Landers, Pe-
ter Chapman, Roger Donahugh, .John Guirn,
Catharine Gnirn and tour children, Edward
Sheehan, Enuumei Svvasic, Patrick Collins,
Henry Logan, Patrick Dowd, Charles Kenny,
Alexander Ross, Ellen Holland, John Holland,
funeral charges for Patrick Golaher, Henry
Thompson, John Kelly, Alexander Ross, Bar-
nard Douley, Chauncey Bulkley, to January
3, 1828, , 25£ 23

Royalston, for support of Alice Clement and

Wesson Ball, to January 13, 1828, 140 40

Rochester, for support of Edward B. Sand ford,
and family, viz. Rhoda B. Sanclford, Alfred B.
Sandford, Amos B. Sandford, Charles B. San-
ford, and Edward B. Sandford, to January 1,
1828, 108 80

Rowe, for support of Betsy Carpenter and child,
and Almira, Mary and Noah Wilcox' children,
to January 3, 1827, 74 40

Sardisfield, for support of Abigail Peirce and

Richard Dickson, to December 29, 1827, 59 63

Shirley, for support of Mnry McKenzie and

John Putnam, to January 1, 1828, 91 80

Stockbridge, for support of Thomas Herron till
his death, Azuba Morrison, Samuel Ratiibone,
Margery Curtis, Mary Ann Hagar, Dinah Elhy,
Abraham Parmile, Naomi Thaxter, to Decem-
ber 1, 1827, 162 77
Somerset, for support of Ruth Hill, Polly Hill,
Ann Mc Given, and her children, viz. Ann,
Alice and Thomas, to January 3, 1828, 218 40
Seekonk, tor support of Mr. Pumroy till his
death, Susanna Mattison, Hannah Robbins,
Reuben Frost, Elizabeth Cowdcn, John Solo-
mon, Amy Solomon, Nancy Solomon and two
children, and Almira feolomon, to January 2,
1828,

264< 80

722 PAUPER ACCOUNTS.

Sturbridge, for support of Anna Stedman and

Christian Williams, to January 1, 182B, 93 60

Salem, for support of sundry paupers, to Janu-
ary 2, 1828, 1,480 86
Sheffield, for support of Henry Amesden, Henry
Durant, Molly or Mary Bows, Charlotte Tur-
ner, Charles Durant till his death, Rhoda
Knickerbocker till her death, Eliza Binks,
Dennis McCarty, Hulda Mc Carty, Mary
Franklin till her death, Andrew Mc Cannon,
Robert Ranny and the following children, viz :
Sylvia Brewster, Daniel Jackson, Delilah Corn-
well, Dick Cornwell, Rhoda Franklin, Sanil
Franklin, Eliza Kelly, Dennis Kelly, Caroline
Kelly, MalvinaDurant,Pliebe Durant, Margaret
Durant, Maria Durant and Sarah Hewitt, to
January 9, 1828, 601 72
Swanzey, for support of Martha Dowsnips, Tho-
mas Mc Carter and wife, Olive Freeman, Ro-
zilla Freeman, Diadama Boiston and Susanna,
an Indian, to January 5, 1828, 201 60
Springfield, for support of David Gardner till
his death, Oliver Clapp and James Lee till
their death, Michael »Smith, Ephraim Cady,
John Lloyd, William Parker, Thomas Barlow,
William Lewis, John and Deborah Stafford,
Margaret Hunley, John Barlow, William Par-
ker, Francis and Mary Cochran, Mrs. Williams
and two children, and also Charlotte Cleav-
land, Lois Cleavland and Mary Ann Loler,
children, to January 1, 1828. 270 47
Sandwich, for support of Patrick Powers, to

January 1, 1828, 46 80

Southhampton, for support of Dennis Kennedy

and John Cockrane, to January 9, 1828, 42 30

Sharon, for support of Edward Ellis, Elizabeth
Ellis, Jane Donaldson and Nancy Donaldson,
to January 16, 1828, 65 40

Sutton, for support of James Norbury, Matthew
McCommick, Joanna O'Conncr and four chil-
dren, to January 7, 1828, 58 90

PAUPER ACCOUNTS. 723

Shelburne, for support of John Hill till his death,
Mary Bates and Elizabeth Lane, to January
14, 1828, . 45 40

Southborough, for support of Lucinda Freeman

till her death, 6 39

South Hadley, for support of George Pettis,
Betsy Elwell and Charles C. Hoyt, to January
16, 1828, 43 13

Spencer, for support of Susannah Cowland and
three children of Amy Freeman, to January
16, 1828, 124 80

Stoughton, for support of Isaac Williams and

Michael Myron, to January 8, 1828, 86 00

Taunton, for support of sundry paupers, to Jan-
uary 1, 1828, 426 15

TowDsend, for support of Margaret Jackson to
her death, and Miranda, Samuel B. and Hen-
ry S. Jackson, children of said Margaret, to
January 1, 1828, 66 66

Troy, for support of Robert Rathburne, to Feb-
ruary 2, 1828, 22 25

Upton, for support of John Brown, to December

24, 1827, 90 00

Uxbridge, for support of Mary, a child of Phillis
Jenks, Catherine M. Freeman to her death,
and a child of said Catharine, and John Bass,
to January 7, 1828, 48 60

West Bridgwater, for support of Thomas Quind-

ley, to January 1, 1828, 27 52

Waltham, for support of Phebe Thompson, to

January 1, 1828, 17 62

Williamstown, for support of John Adams till
his death, Mary Fuller, Asahel Foot, his wife
and five children, Charles Wilson, Rachael
Gallusha, Abigail Green, James Low till his
death, Franklin Porter, Henry Porter, Esther
Sherman, Hannah Williams, Freeman H.
Williams, and Sally Chamberlain, to January
5, 1828, 318 74

Warrick, for support of John C. Miller, to Janu-
ary 1, 1828, 73 23

724 PAUPER ACCOUNTS.

Wo«t1 ampton, for support of Jane Gay, Lemuel
Culver and wife, Mary Ann Sherman, Fillia
Sherman, John H. Johnson, Margaret Ellis and
child, Harry Miller and wife, to December 27,

1827, 129 16
West Newbury, for support of Thomas Jones

and Samuel Callyer, to January 10, 1828, J 9 77

Weston, for support of Phillip Shea, to January

7, 1828, 5 01

West Stockbridge, for support of Lucy Lane,
James C. Beggs, Ransom H. Beggs, Sally
Barton, Ebenezer Wood, Abigail Wood, Ma-
ria Parker, Henry W. Rodgers, to January 1,

1828, 326 21
Wenham, for support of Pompey Porter, to

January 1, 1828, 46 80

Walpole, for support of Polly Rathburn and two
small children, Margaret Daley and one child,
and Mary Lendal, to January 1, 1828, 46 27

Westborough, for support of Lydia Francis till

her death, 20 75

Westfield, for support of John N. Berry, James
Williams till his death, Esther Berry, Theo-
dotia Gilleth, Fanny Battin, Aseneth Gibson,
Mary Parks, Amasa Rockwell till his death,
Mary Ann Baker, George Gibson, Robert
Livingston, Dollyann St. Saul, Aaron Burr,
Richard Condon, Melissa White, and John
Council, to January 1, 1828, 310 50

West Springfield, for support of Hannah She-
voy, Louis Shevoy, Laura Chapin, James Ben-
edick, James Dibble and John Freeto, to
January 4, 1828, 118 30

Westford, for support of Ephraim Spaulding, to

January 8, 1828, 46 80

Washington, for support of James Robbins and

wife, to January 1, 1828, 73 79

Wrentham, for support of Robert Wilson, Jane
Donaldson, Nancy Donaldson, Peggy Taylor,
Reuben Pope, Eliza Ann Woodward, and
James Walker, to January 1, 1828, 178 89

SHERIFFS' & CORONERS' ACCOUNTS. 725

Watertown, for support of Rebecca Bourn, Sam-
uel Latch and wife, Henry Brown, Robert
Francis, Daniel Farrel, Patrick Droud, Philip
Moren, Edmund Dada, William Rogers and
wife, Gilbert Kirker and wife, and 4 children,
viz. Martha, Sarah, Abigail and Margaret, to
February 1, 1828, 353 56

Winchendon, for support of Richard Furlong, to

January 16, 1828, 29 70

Ware, for support of Jack Upham, Charles
Simpson, Thomas Dennison, Jacob Johnson,
Hiram Booth, George W. Booth, and Mary
Robinson, to February 8, 1828, 187 14

Yarmouth, for support of James Walls, to Janu-
ary 18, 1828, 43 20

SHERIFFS' AND CORONERS' ACCOUNTS.
JANUARY, 1828.

Elijah Crane, Sheriff of Norfolk, for returning

votes, &c. to January 1, 1828, 2 72

David Crocker, Sheriff" of Barnstable, for return-
ing votes, &c. to January 1, 1828, 5 60

Benjamin Drew, Coroner of Plymouth, for in-
quisitions to January 1, 1828, 12 40

Benjamin Fuller, Coroner of Middlesex, for in-
quisitions to February 25, 1828, 7 40

Uriah Gardner, Sheriff" of Nantucket, for return-
ing votes, &c. to January 7, 1828, 10 80

Nathan Hayvvard, Sheriff" of Plymouth, for re-
turning votes, to January 1, 1828, 16 27

Epaphras Hoyt, Sheriff* of Franklin, for return-
ing votes, to January 1, 1828, 8 00

Aaron Kingsbury, Coroner of Norfolk, for inqui-
sitions to January 1, 1828, 37 20

Ephraim Kempton, Coroner of Bristol, for inqui-
sitions to January 1, 1828, 12 40

726 PRINTERS' & MISCEL. ACCOUNTS,

Joseph Lyman, Sheriff of Hampshire, for return-
ing votes, &c. to January 1, 1828, 63 00

E. W. Metcalf, Coroner of Middlesex, for inqui-
sitions to January 1, 1828, 7 40

Orlando B. Merrill, Coroner of Essex, for inqui-
sitions to January 1, 1828, 7 40

Thomas Needham, Coroner of Essex, for inqui-
sitions to January 1, 1828, 7 40

Joseph Stowers, Coroner of Suffolk, for inquisi-
tions to February 25, 1828, 12 40

Prince Snow, Coroner of Suffolk, for inquisitions

to February 5, 1828, 149 30

Oilman White, Coroner of Essex, for inquisitions

to January 1, 1828, 7 40

Calvin Willard, Sheriff of Worcester, for re-
turning votes, &c. to January 1, 1828, 3 3o

PRINTERS' AND MISCELLANEOUS ACCOUNTS.

JANUARY, 1S28.

E. W. Allen, for publishing laws, &c. to Au-
gust 1, 1827,
Allen and Atwell, for publishing laws to January

1, 1828,
Phineas Allen, for publishing laws, to January

1, 1828,
O. Baker, for publishing laws, &:c. to January

1, 1828,
Commissioners, to examine and settle accounts
of Nahum Mitchell, Esq. late Treasurer, to
January 1, 1828, viz: Jona D wight, Jr.

Caleb Loring,
Nathan Appleton,
Artemas Hale,
Otis Corbett,

14 00

PRINTERS' & MISCEL. ACCOUNTS. 727

Jacob Chapin, for publishing laws, &c. to Janu-
ary 1, 182^, 16 67

Austin Denny, for publishing laws, &c. to May

30, 1827, 16 67

Allen Danforth, for publishing laws, to May 1,

1827, 16 67
Foot and Brown, for publishing laws, &c. to

January, 1, 1828, 16 66

Farmer and Brown, for publishing laws, &,c. to

January 1, 1828, 16 66

Nathan Heard, for powder, &c. for firing nation-
al salute, per order of Commander in Chief, 8 00

Samuel H. Jenks, for publishing laws, &c. to

January 1, 1828, 16 66

H. and W. H. Mann, for publishing laws, &c.

to January 1, 1828, 16 67

A. Phelps, for publishing laws, &c. to January 1 ,

1828, 16 67
John Pickering, for additional services respect-
ing Prisons, to January 1, 1828, 28 00

Benjamin Russell, for j ublishing laws, &c. to

January 1, 1828, 2 66

A. W. Thayer, for publishing Laws, &c. to

January 1, 1828, ^ 16 66

Hilliard Gray and Co., for blank books, &c.

Adjutant General's Office, February 16, 1828, 70 00
Emory Washburn, for services, vSeptember 1827,

for enquiry into a Company Election, by order

of Commander in Chief, 9 50

I. W. Goodrich, for stationary, February 1, 1828, 54 75
Timothy G. Coffin, for costs prosecuting a suit

against Jonathan Wilbur, to recover a penalty

adjudged by Court Martial, January 1828, 150 00

Button and \Ventworth, for Printing for the

State, March 1, 1828, 1,803 44

New England Soap Stone Company, March 3,

1828, 30 00

Daniel Safford, for work, &c. March 3, 1828, 98 48

Gore and Baker, for repairs on State House,

March 3, 1828, 252 20

178 00

728 PRINTERS' k, MISCEL. ACCOUNTS.

William Adams and Co., for sundries to repair

State House, March 3, 1828, 70 58

Lyman and Ralston, for coal, March 3, 1828, 118 80

Henry Blaney, for work, &c. March 3, 1828, 199 58

Sarah Pitts, for her son as Page to the House

of Representatives, March 8, 1 828, 58 00

Jacob Kuhn, Jun. Assistant Messenger, to March

8, 1828, 120 00

Elijah W. Cutting, Assistant Messenger, March

8, 1828, 120 00

For his son as Page to the Senate, 58 00

Warren Chase, Assistant Messenger, March 8,

1828, 124 00

James W. Burditt, for sundries furnished differ-
ent departments of Government, to March 3,

1828, 412 57

John W. Wheeler, for repairs at State House

at sundry times, to March 3, 1828, 383 54

Tompkins and Housley, for sundries delivered

for State House, to March 3, 1828, 206 18

Enoch H. Snelling, for repairs on State House,

to March 3, 1828, 62 92

William Lovering, Jun. for oil, 1828, 45 10

Ballard and Prince, for sundrv articles for State

House, March 3, 1828, ' 325 62

James Loring, for registers for Council, 10 00

Abraham Bird, for lumber for State House,

to March 3, 1 828, 59 45

Samuel Bradley, for nails, screws, &c. for State

House, to March 3, 1828, 24 84

Henry Bacon, Assistant Messenger, March 8,

1828, 124 00

B. Jones, for papers to members, March 6, 1828, 2 80
Nathan Hale, for Newspapers, March, 8, 1828, 97 10

Young and Minns, for Newspapers, March 8,

1828, 66 40

Benjamin Mudge, for Newspapers, March 5,

1828, 278 14

J. B. Russell, for Newspapers, March 8, 1828, 114 37
Benjamin Russell, for Newspapers, March 8,

1828, 115 52

PRINTERS' & MISCEL. ACCOUNTS. 729

Willis and Rand, for Papers, March 8, 1828, 35 58

William Collier, for Papers, March 7, 1828, 3 19

True and Greene, for Newspapers and publish-
ing laws, &c. March 8, 1828, 251 57

True and Greene, for printing blanks for Adjutant
General, and publishing general orders, to
November 3, 1827, 139 00

William Bliss, costs for prosecuting suit against
Thomas Snell, Jr. to recover a penalty ad-
judged by a Court Martial, March 4, 1828, 60 71

J. T. and J. H. Buckingham, for Newspapers,

to March 8, 1828, 229 28

David Reed, for Newspapers, to March 6, 1828, 25 68

Badger and Porter, for Newspapers, &c. to

March 8, 1828, 182 40

William Nichols, for Newspapers, to March 7,

1828, 15 00

Henry Bovven, for Papers, to March 8, 1828, 2 50

Annin and Smith, for engraving and printing

Railway Plates, to March 1, 1828, 169 37

A. Bowen, for Newspapers, to March 8, 1828, 7 65

Ballard and Wright, for Newspapers, and pub-
lishing general order, by order of Commander
in Chief, to March 8, 1828, 187 40

William W. Clap, for Newspapers, and printing

laws, to March 8, 1828, 72 6Q

Beals and Homer, for Newspapers, &c. to March

6, 1828, 84 55

City of Boston, for repairs of building on Rains-
ford Island, &c. to March 5, 1828, 332 15

John Cotton, for Medical and Surgical Journal,

to March 8, 1828, 52

James F. Howe and Co., for Newspapers, to

March 8, 1828, 95 62

Wells and Lilly, for printing 2,000 copies of

Agricultural Journal, to March 10, 1828, 400 00

730 MILITARY ACCOUNTS.

MILITARY kCCOUNTS.—Jcmmry, 1828.

Aids de Camp to Major Generals.

John Stickney, to December 31, 1827, 25 00

Edward Dickinson, to December 31, 1827, '5 00

Aaron Brooks, Jr. to December 31, 1827, 25 00

Brigade Majors.

Seth T. Thayer, to December 31, 1827, 25 33

Alfred Allen, to February 8, 1827, ^ 20

Frederick W. Lincoln, to December 31, 1827, 35 23

Martin Brimmer, to November 9, 1827, 74 Q'i

Jabez W. Barton, to December 31, 1827, 40 00

Alanson Clark, to December 31, 1827, 40 00

Nathaniel Wilder, to April 25, 1827, 12 77

Elisha Tucker, to December 31, 1827, 27 22

Joseph Sampson, to July 1, 1827, 20 00

Silvanus Hatch, Jr. to December 31, 1827, 17 12

Rufus Hastings, to September 12, 1827, 28 00

Otis Adams, to December 31, 1827, 10 m

Parker L. Hall, to December 31, 1827, 40 00

Ezekiel R. Colt, to May 16, 1827, 15 11

Thomas Sheldon, to December 31, 1827, 40 00

Joseph L. Low, to December 31, 1827, 21 77

Amory H. Bowman, to December 31, 1827, 53 SS

William A. F. Sprout, to December 31, 1827, 42 00

Adjutants.

Francis Holden, to December 31, 1827, 25 00

Ezra W. Sampson, to December 31, 1827, 25 00

Thomas M. Moseley, to June 28, 1827, ^7 41

Stephen Hall, to December 31, 1827, 6 83

Frederick W. Lincoln, to February 13, 1837, 3 00

Stephen Sand ford, to December 31, 1827, 25 00

VVillard Lovering, to October 2, 1827, 26 33

Calvin Fisher, Jr. to Deceniber 31, 1827, 15 00

Samuel S. Miles, to December 31, 1827,' 25 00

Watson Gore, to December 1, 1826, ' 37 50

Enoch Train, to Deccnibcr 31, 1827, 25 00

MILITARY ACCOUNTS. 731

James A. G. Otis, to October 1, 1826, 11 25

William Chamberlain, to December 31, 1827, 15 00

Andrew Mansfield, Jr. to December 31, 1827, 25 00

Ebenezer Sutton, to December, 31, 1827, 25 00

Oliver Whipple, to December 31, 1827, 14 79

Joseph P. Turner, to December 31, 1827, 15 00

Stephen Adams, Jr. to December 31, 1827, 25 00

Charles Kimball, to June 1, 1827, 10 42

David Baker, to December 31, 1827, 14 58

William Brown, to December 31, 1827, 25 00

Reuben Evans, to December 31, 1827, 25 00

John Davis, to December 31, 1827, 25 00

Charles P. Bailey, to December 31, 1827, 25 00

William Flanders, to December 31, 1827, 15 00

William Tidd, to December 31, 1827, 25 00

David Loring, to December 31, 1827, 25 00

Homer Tilton, to December 31, 1827, 22 29

Guv C. Haynes, to December 31, 1827, 25 00

Jos'iah Clark, to December 31, 1827, 25 00

Francis Conant, to December 31, 1827, 25 00

Israel Longley, to December 31, 1827, 25 00

Charles Howard, to December 31, 1827, 25 00

Daniel Tuck, to December 31, 1827, 15 00

Chester W. Chapin, to December 31, 1827, 25 00

Henry K. Holland, to December 31, 1827, 25 00

James B. Porter, to December 31, 1827, 25 00

John K. Henry, to December 31, 1827, 25 00

Julius Ward, to December 31, 1827, 25 00

George B. Woods, to December 31, 1827, 25 00

John J. Graves, to December 31, 1827, 25 00

Horatio N. Ward, to December 31, 1827, 23 40

Lucius Graham, to December 31, 1827, 15 07

David Wi-isht, to April 12, 1826, 7 08

Joseph Tyler, to December 31, 1827, 25 00

Daniel L. Callender, to December 31, 1827, 25 00

Isaac L. Hedge, to July 1, 1827, 12 50

Leander Lovell, to December 31, 1827, 12 50

Horace Collamore, to December 31, 1827, 25 00

Spencer Gloyd, to December 31, 1827, 25 00

Arad Thompson, to December 31, 1827, 25 00

Thomas E. Gage, to December 31, 1827, 36 11

732 MILITARY ACCOUNTS.

Daniel W. Rogers, to December 31, 18-27, 25 00

William Putnam, to December 31, 1827, 25 00

John Tilden, Jr. to December 31, 1827, 15 00

Samuel N. Dyer, to December 31, 1827, 15 00

Jonathan Wheaton, Jr. to December 31, 1827, 25 00

Asa Wood, to December 31, 1827, 25 00

Sidney Williams, to December 31, 1827, 20 83

Willard Blackington, to December 31, 1827, 23 61

Phihp P. Hathaway, to December 31, 1827, 25 00

Abram Nye, to December 31, 1827, 25 00

Joseph Hamblin, to December 31, 1827, 25 00

Robert Arey, Jr. to May 1, 1827, 18 75

Samuel Shiverick, to December 31, 1827, 15 00

Dan Hill, to December 31, 1827, 25 00

Henry H. Penniman, to December 31, 1827, 50 00

John G. Thurston, to December 31, 1827, 14 58

Ebenezer Frost, to December 31, 1827, 25 00

Carter Gates, to December 31, 1827, 25 00

Henry Newton, to December 31, 1827, 25 00

Charles Bridge, to August 6, 1827, 40 00

Edmund Bush, to December 31, 1827, 25 00

Timothy Jones, to June 1, 1827, 25 00

Charles B. Boynton, to December 6, 1827, 19 95

Franklin Root, to December 31, 1827, 25 00

Simeon W. Wright, to December 31, 1827, 25 00

David P, Ingersoll, to December 31, 1827, 25 00

Hauling Artillery.

Robert Stetson, 1827, 15 50

Thomas M. Field, " 10 00

James Tirrell, " 7 50

Horatio Wood, " 14 00

Jemotis Pond, Jr. " 10 00

Jason D. Battles, " 20 00

George W. Saunders, " 30 00

Thomas White, " 30 00

Winslow Lewis, " 28 00

Alvan Tapley, " 10 00

Seth W. Williams, 1826-7, 20 00

Jonathan B. Mason, " " 34 00

Jonathan Wilson, " '* ^ 2S 15

MILITARY ACCOUNTS.

733

Enoch Peirce, 1827,

Zebedee Morrill

Simeon Southwick,

John Stacy,

Martin Wilder,

Amos Johnson, Jr.

John Boynton,

Jonathan Hoar,

Charles Hooker,

John Porter,

Jonathan Belcher,

Elias W. Pratt,

George Lane,

David Silvester,

William P. Swift,

Joshua Winslow,

John Corbet, Jr.

Alpheus White,

Elijah Flagg,

Amos Havves,

Obed Pulsifer, 1826-7,

John Holland, 1827,

Richard Bump, "

Henry Hatch, "

Reuben C. Shelden, "

Frederick Fowler, "

24 00

Courts Martial.

Court MartiaFholden at Manchester, March 31, 1824.
Col. Horatio Perry, President. 6 90

Members.

Maj. Lewis Allen,

Capt. Porter Kettell,

Capt. Gilbert Tanley,

Capt. William Sutton, Jr.

Maj. John Scott, Judge Advocate,

Adj. John Derby, 4th. Marshall,

4 90

734 MILITARY ACCOLNTS.

Witnesses.

Amos Shelden, I -^0

Benjamin Tappan, 1 24

Jacob D. Edvvardi, / 1 40

Israel Tappan, 1 24

Israel Shelden, 1 40

Rufus Long, 1 24

John Long, I 24

Thomas Farris, 1 40

Larkin Woodbury, 1 20

Court Martial held at Greenfield, February 19, 1828.

Col. Austin Rice, President^ 10 20

Members.

Maj. Jason Richards,

Capt. Joshua Putnam,

Capt. David Endy,

Lieut. George Shepherd,

Maj. Richard D. Morris, Marshall,

Maj. William Bliss, Judge Advocate,

Witnesses.

Col. Lyman Sawyer,
Adj. Samuel Woodburn,
Lieut. Ebenezer Warne/,
Maj. Alanson Clark,
Capt. Elijah Williams,
John G. Allen,

Service of Subpoenas.

Lyman Sawyer,
Samuel Woodbury, Jr.
Isaac Abercrombie, Jr.

RESOLVE. 735

AGGREGATE OF ROLL. No. 98.

JANUARY, 1828.

Expenses of State Paupers, 34,195 89

" " Sheriffs and Coroners S60 45

" " Printers and Miscellaneous, 8,308 12

" " Aids de Camp, (A) 75 00

" " Brigade Majors, 547 07

" Adjutants, 1,743 78

" " Hauling Artillery, 559 97

" " Courts Marshal, 132 43

Amount of Roll, No. 98, (B) 45,922 71

Resolved, That there be allowed and paid, out of the
public Treasury, to the several Corporations and Persons
mentioned in tl.is Roll, the sums set against such Corpo-
rations' and Persons' names, respectively, amounting in
the whole, to forty five thousand nine hundred and twenty
two dollars and seventy one cents, the same being in full
discharge of the accounts and demands to which they
refer.

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

JOHN MILLS, President.

In House of Representatives, March 12, 1828. — Read
twice and passed in concuirence, with an amendment, viz.
at (AA) in the Military accounts, strike out so much as is
allowed to John Stickney, being ^25, — alter the aggre-
gate of pay of Aids de Camp at (A,) to ^50, — and the
total of the aggergate at (B,) to ^45,897 71.

Sent up for concurrence.

WILLIAM C. JARVIS, Speaker.

In Senate, March 12, 1828. — Read and concurred.

JOHN MILLS, President.
March 13, 1828.

Approved,

LEVI LINCOLN.
96

eommontoealt!) of M^^^^ti)\tmttu.

SECRETARY'S OFFICE, MAY 9, 1828.

I HEREBY CERTIFY, that I have compared the Resolves
printed in this pamphlet, with the original Resolves, pass-
ed by the Legislature, at their session commencing in
January last, and that they appear to be correct.

EDWARD D. BANGS,

Secretary of the Commonwealth.

INDEX

TO THE RESOLVES^
thokk mATTf laai, to iaarcec, leas, z»roi:.vsxvz:.

Academy, Nichols, half township granted to, 107

" Hopkins, township belonging to, to be located, 120
" Bridgewater, money granted to, . . . 290
" Nichols, grant to, modified, . 697

" Wesleyan, half township granted to, . 703

Accounts, Rolls of, 70-144-227-315-420-521-607-711

" Committees of, paid for services, 64-225-300-305

410-498-606-705

Adams, Joseph, jun, pay granted for wound, on military

duty, ......... 133

Adjutant General (see Quarter Master General)

Agent of Land Office, (see Eastern Lands)

Allen, Hon. Jonathan, authorized to sell Commonwealth's

Land in Berkshire, 56

" " " paid for survey of land in Berkshire,

&c. ... 56

" Timothy, sums granted from Treasury to estate of, 57
" Lydia, may cause estate of her son, L. M. Allen, to be

sold, 282

Amherst Collegiate Institution, Committee for investigating

affairs of, compensated, .... 99
" expenses attending investigation of affairs of, pro-
vided for 113

iv INDEX.

Andre Pierre Matthieu, and another, heirs of, may convey

certain estate by attorney, ..... 405
Appleton, James, paid for disbursements in behalf [of Com-
monwealth, ..... 658
Arms, Aaron, Administrator, may apply certain real estate

for support of Esther Robinson, .... 285
Asylum for Deaf and Dumb, (see Deaf and Dmnh)
Atkins, John, and another, to sell lands of Indians, . .211

Attorney and Solicitor General, to institute process against

bondsmen of late Re-
gister of Probate in
Berkshire, . . 312

" " " to appear in suits brought

against Dean and Ed-
mister, . . 410
" " " to attend to investigation

of William Simpson's
claim, . 684

Auction, duties on sales at, of pews in Churches, &lc. to be

refunded, ........ 143

Baldwin, Benjamin, allowed certain sum on his notes to

the Commonwealth, .115

Balsh, Joseph, authorized to convey certain estate, . . 213
Bancroft, Amos, authorized to sell and convey the interest

of his four minor children in certain real estate, . 96
Banks, returns of, in May, 182G, to contain additional item, 313
Barnard, Lucretia, to be placed at Deaf and Dumb Asylum, 401
Barnstable and Buzzard's Bays, papers to be procured re-
specting Canal between, .... 407-485
Barron, Hannah D., grant to, of Commonwealth's right in

certain real estate, . . . 468

" " grant to, explained and confirmed, 674

Bellingham, meeting of parish in, may be called, . . 108

Bellows, Elihu, grant to, ..... 409

Berkshire, Commonwealth's land in, to be sold, . . 56

" County of, additional tax granted for, 599

Blagge, Sally, for relief of, by authorizing sale of certain

lands, . . 402

Blake, John, paid for certain services, .... 210

INDEX. V

Bliss, Abel, amount of a bill of cost refunded to, . 36

Blood, Moses, grant to, for wound in battle of Bunker Hill, 302
Boies, Samuel, grant to, ...... 487

Boston, Lovell's Island in harbour of, concerning, . . 220
Boundary Line, between Massachusetts and Connecticut, de-
sire expressed for adjustment of, . 54
" " between Massachusetts and Rhode Island,

opinion expressed respecting, . . 129
" " between Massachusetts and New Hamp-

shire, provisions for ascertaining, 13f

" " between Massachusetts and Connecticut,

opinion of Legislature respecting, ex-
pressed, /t^f»'^!. A' . ' -?- . 275
" " between U. States and British Possessions,

bordering on State of Maine, measures
respecting, recommended, . 295

" " between Massachusetts and Connecticut,

Report respecting, transmitted, . 457

" " between Massachusetts and Connecticut, to

^ be nja^ejaioivn by Proclamation, . 480
" " between Massachusetts an(l New Ha'mp-

shire, Report respecting, transmit-
ted, . . . .^ . . 490

" " between Massachusetts and New Hamp-

shire, to be marked by monuments, 508
" " North Eastern, between U. States and Brit-

ish Provinces, documents respecting,
transmitted, ..... 653'

" " North Eastern, between U. States and Brit-

ish Provinces, documents respecting,
transmitted, ..... 692

" " North Eastern, documents respecting, to be

printed, 707

Bowles, Joshua, lands may be conveyed according to his pe-
tition, 592

Breakwater at Nantucket, respecting proposed survey for, 671
Bridge from Bellisle to Chelsea, process to be instituted

against proprietors of, ... . 269

" Free, proposed, over Charles River, Governor's Mes-
sage concerning, . . . . . 510
Bridgewater and East Bridgewater, authorized to assess

their proportions of State and County taxes, . . 44

vi INDEX.

Bridgewater Academy, grant to Trustees of, 290

Bristol Agricultural Society, allowance to, . 98

" " " allowance to, . . . 606

allowance to, . . . 659

" lands in County of, provision for ascertaining title

which Commonwealth had to convey, . 472
Bunker Hill Battle, survivors of, on 17th June, 1825, allow-
ance to, . 210
" " " survivors of, further provisions respect-
ing, 221

" " " former grant to survivors of, extended, 269
" " Monument Association, former grant to, modir

fied and altered, .... 493

Burge, Sarah Amey, and another, estate of, may be sold

by guardian, ....... 206

Burgess, Prince, jr. authorized to sell land of certain minors, 500
Byington, Horatio, grant to, for services, as Register of Pro-
bate, pro tern, in Berkshire, ..... 294

Canada Road, in Maine, location of, may be altered, . 678

Canal, Route of, to be surveyed between Boston and Con-
necticut River, ..... 135

" Commissioners for surveying, to ascertain practica-
bility of extending it to the Hudson, . . 135
** plans, examinations, &.c. of, to be returned to Legis-
lature, ....... 13$

" Engineer for surveying, to be appointed, . 135
" intended from Northampton to Southwick, aid af-
forded to, 209

" Commissioners for surveying, how compensated, . 214
" Commissioners, Report of, how distributed, . 290

" across Cape Cod, Governor requested to procure fur-
ther information concerning, 407-485
" survey of route for, from Boston, &c. to Western,

to be extended, ..... 703

Canals, to meet Blackstone and Norwich Canals, to be sur-
veyed, ....... 492

" to meet Blackstone and Norwich Canals, Report

concerning, transmitted, .... 672

Cape Cod Harbour, to be examined, . .126

INDEX. vii

Cape Cod Harbour, Report respecting, tranfiinitted, . 207
Carter, Thomas, authorized to receive deed of certain laud, 406
Carver, Selectmen of, may sell land of Luana Seepet, an In-
dian woman, 293

" Selectmen of, to have further authority respecting

sale of Luana Seopet's land, . . . 486
Chaplains of General Court, grants to, . 142-311-510-706

Child, Zechariah, discharged from a judgment against him, 220
Children, employed in Factories, their number, condition,

•fee, to be ascertained, . . . .139

Claim of Massachusetts upon the General Govcrument, Go-
vernor's Message concerning, 59
" " Agent for prosecuting to be ap-

pointed, .... 62
" " former Agents of, their accounts to

be liquidated and paid, . 63

" " Senators, &c. in Congress, request-

ed to urge settlement of, . 93
" " Governor's Message respecting late

agent of, . . . . 101

" " Governor's Message respecting, 279

" " opinion of Legislature respecting, 287

" " further provisions respecting, . 417

" " Governor's Message transmitting

accounts of late agent of, . 466
Clark, Josiah S. grant to, for services as Adjutant, . . 134
Clark, Paul, and another, authorized to purchase land for

certain minors, . . . . . • 498

Clerks of General Court, compensation of 58-142-217-306-415

497-604-700

Clerk of Court of Impeachment, for trial of S. Blagge, Esq.

compensation of, . . . • .311

Coding, William, pay granted, for wound on military duty, 133
Coffin, George W. empowered to dispose of real estate of

Thomas F. King, a minor, . 46
" " paid for services as Librarian of Gene-
ral Court, 708

Coffin, Margaret, and another, authorized to sell certain real

estate, 121

Colerain, records and doings of, confirmed, . 593

Commissioners, on subject of alterations on eastern and nor-
thern sides of State House, compensation of, 55
B

VIU

INDEX.

Commissioners appointed to prepare a system of an Institu-
tion for instruction of the laboring class, 128
to be appointed to decide on claim of J. -

Little, Esq Ill

to be appointed to examine Cape Cod Har-
bour, 126

to be appointed on New Hampshire Boun-
dary Line, ..... 131
to be appointed to survey Canal Route from
Boston to Connecticut and Hudson

Rivers, 135

to be appointed to settle Connecticut Line, 204
Report of, for surveying Cape Cod Harbour,

transmitted, ..... 207
may be appointed to survey Housatonic

River, 208

for surveying Western Canal Route, com-
pensation of, .... 214
Report of, on Canal Route to Connecticut

River, transmitted, . 266

under Act of separation of Maine from Mas-
sachusetts, Report of, transmitted, 266
Report of, respecting Western Canal, how

distributed, 290

appointed, on subject of State Prison, 307 — ■ — -

respecting exchange of land on west side of

State House, compensation of, . 310

of Eastern Lands, to cause certain lands to

be explored, &c. .... 412
on Connecticut Line, Report of, transmitted, 457
to be appointed to enquire respecting title to
certain land in Bristol County, former-
ly conveyed by Commonwealth, . 472
of Internal Improvement, to be appointed, 479
on Connecticut Line, compensation of, . 480
on New Hampshire Line, Report of, trans-
mitted, 490

on New Hampshire Line, compensation of, 506
to be appointed to survey Route for a Rail-
way from Boston, westward, 589
of Internal Improvement, compensation of,

increased, .... 601

INDEX. ix

Commissioners on subject of State Prison, compensation of, 60^-^
" to be appointed to investigate claim of Wil-

liam Simpson, .... G84

" to be appointed to examine accounts of State

Prison, ..;... 695-*
Committee of Accounts, paid for services, 64-225-300-305

410-498-60C-705
Rolls of, 70-144-227-315-420-521

607

appointed to confer with Directors of Asylum for

Deaf and Dumb, .... 47

to investigate affairs of Amherst Coll. Institution,

compensation of, .... 99

to confer with Directors of Asylum for Deaf and

Dumb, compensation of, . . . 133
to examine gaols, &c. compensation of, . . 495
to enquire into condition of Native Indians, com-
pensation of, .... . 496

Congregational Parish, First in Plymouth, may call parish

meeting, ..... 535

" Society in Douglas, allowed to sell ministe-

rial lands, ..... 675

Connecticut and Massachusetts boundary line. Governor re-
quested to open correspondence with Go-
vernor of Connecticut concerning, . 54
" boundary line, Commissioners to be appointed

to settle, ...... 204

" ^ boundary line, opinion of Legislature respect-
ing, expressed, ..... 275

" and Massachusetts line, to be made known by

Proclamation, ..... 480

" agreement with, respecting boundary line, . 544

Contingent Fund, for use of government, provided, . 591

Coolidge, Cornelius, allowance to, for certain services and

expenses, ....... 304

Council and General Court, compensation of Members pro-
vided for, 35-218-401-603

County Taxes granted, . . 138-296-509-599-699

County Commissioners, first meeting of, may be adjourned,

if majority do not attend, ... 688

County, new, sense of inhabitants jof Worcester and Middle-

?,px Counties, respecting formation of, to be taken, 698

X INDEX.

Court of Sessions, Worcester County, authorized to lease

certain lands, .... 132
" " Berkshire County, authorized to accept

report of a Committee to locate a
highway in Windsor and Savoy, S81
" " Middlesex County, to examine and allow

account of Isaac Train, . . 467
Crosby, Jeremiah, allowed to stfl certain estate of his ward,

Jonathan Bowers, ;.-«i: 299

Currier, Jacob B. jun. and anoih^r, may receiTe conreyance

of interest of certain minors, .... 58G

Curtis, Joseph, indemnified for damage, on account of road

to powder magazine, . . 408

David, John Oliver, to be placed at Asylum for Deaf ^d

Dumb, •". 205

Dawes, Thomas, Hon. late Judge of Probate for Suffolk, cer-
tain orders and decrees of, confirmed, . . . 303
Deaf and Dumb, Committee appointed to confer with Direc-
tors of Asylum for, ... 47
" '* grants for support of individuals at Asylum

for, 57-127-205-272-292-310-401-484
" " between 14 and 25 years of age, to be sup-

ported at Asylum in Hartford, . 124
" " public notice to be given for applications, 124

" " $6000 annually appropriated for support of, 124

" " lots to be drawn between applicants, if

above a certain number, . 125

" " Resolves not to apply to those who have

been at the Asylum 4 years, . 125

" ■ " former applicants not obliged to renew ap-

plication, ..... 125
" " pay granted to visitors of Asylum for, . 133

" " further appropriation of $500 for, . . 458

" " age of applicants for Asylum, fixed at 12

to 25, . .494

" " not to be placed in Asylum, under 14 years

of age, 702,

Dean, Levi, and another, to be defended against certain

suit3, . ^. .410

INDEX. XI

Dean, Levi, and others, remunerated for certain expenses,

&c C70

Dexter, Samuel W. and others, empowered to sell certain

real estate of minors, ...... 468

Dorion, John B. and others, grant to, of Commonwealth's

right in certain real estate, ..... 461

Douglas, Congregational Society in, allowed to sell ministe-
rial lands, ........ 675

Eastern Lands, Governor's Message respecting depredations

on, 104

" " Correspondence to be had with the Gover-

nor of New Brunswick, respecting de-
predations on, .... 123
" " Agent of Land Office, to ascertain extent of

depredations on, .... 123
" " Agent for, to cancel notes for trespass on

No. 6, 107

" " Agent for, to locate and survey half a town-
ship of land granted to Hopkins Aca-
demy, 120

" Agents for sale of, discharged from certain

sura, and paid for services, . .141
" " Agents for sale of, to endorse on Notes of

Z. French, &c 116

" " Agents for sale of, to endorse on notes of

Isaac C. Pray and others, . 201

" " portion of, belonging to Massachusetts and

Maine, to be sold, .... 203
" " title of Maine and Massachusetts to certain

tract of, to be ascertained, . 203

* " " further survey of, provided for, 21G

" . " report of Commissioners of Massachusetts

and Maine concerning, transmitted, 266
" " Governor's Message respecting roads on, . 285

'* " laying out of roads on, provided for, . 301

" " schedule of sales of, since 1820, 337

" " certain portion of, to be explored, &/C. 412

" " certain Resolutions respecting, suspended, 412

" " Governor's message respecting surveys of, , 457

xii INDEX.

Eastern Lands, respecting surveys and laying out of roads

on, 482

" " Agents for sale of, accounts settled, . 487

" " certain surveys of, to be suspended, . . 504

" " township of, granted to Maine, on condition

of making road, . 595

" " Agents for sale of, to make allowance to

Robert Waterston and others, 676

" '* location of proposed Canada Road in, may

be altered, . . . 678

" " Documents respecting, transmitted, . 681

" " furtlier riieasures-respecting disposal of, to be

pursued, ..... 682

" " Documents respecting, to be printed, 707

Eddy, Morton, appointed guardian to Patience Piggin, 100

Edmister, Lemuel, and another, to be defended against cer-
tain suits, . . . . . 410
Electors of President, &c. of the United States, mode of

choosing, directed, 40

" " when to assemble, .... 40

" " may fill vacancies, .... 40

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

" " copies of Resolve respecting, to be

transmitted to towns, . . 53
Ely, Joseph M. and others, right of Commonwealth in cer-
tain real estate, relinquished to, . . . .137
Emerson, Philenia, to be supported at Asylum for Deaf and

Dumb, .310

Engineer, to be appointed, for survey of route for Canal from

Boston Harbour to Connecticut River, . 135
" on Western Canal Route, compensation of, pro-
vided for, . . " . . 214
" of Board of Internal Improvement, to be appoint-
ed, 480

" to survey Route for Railway from Boston to Hud-
son River, to be appointed, . . . 589
Essex, County of, sense of Inhabitants respecting division of,

to be taken, ....... 300

INDEX. xiii

Factories, relating to children employed therein, 139

Fairbanks, Joseph, authorized to convey certain real estate, 126
Farley, Ebenezcr, authorized to sell estate of certain

minors, 38

Fayette, Marquis de la — Governor requested to make ar-
rangements for his honorable
reception, ... 54

" " expenses of his reception to be paid

from Treasury, 222

Fish River Road, survey of, to be suspended, . 504

Fiske, Josiah J. authorized to execute deed of certain real

estate, ........ 136

Fiske, Samuel, authorized to sell land of Natick Indians, 695
Fitch, William, and another, administrators, may convey

certain estate, ...... 294

Forster, Charles, discharged from part of debt due to State, 415
Fowler, James, Hon. pay of, for visiting Asylum at Hartford, 133
Foxcroft, Betsey, authorized to sell certain estate of her mi-
nor son, ........ 297

French, Zadock, and others, to be allowed certain amount

on their notes of hand due to Commonwealth, 116

French, Thomas, authorized to take charge of Punkapog

Indians, 286

Fuel, &c. to be purchased for Government, 65-93-222-414-478

605-655

Fuller, Aaron, jr. grant for education of at Hartford Asylum, 57
Fuller, Horace, grant for education of, at Hartford Asylum, 57
Fuller, Augustus, resolution respecting support of, amended, 127
Funds, Public, how deposited, in certain cases, . .413
" Contingent, for use of Government, provided, . 591

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

•' " allowed for 300 copies of State Papers, 130

" " allowed for copies of State Papers, 219

" " allowed for copies of Militia Laws, 314

Gardner, Uriah, grant to, for services as Sheriff, 286

Gay Head, Indians at, provision for House of Worship for

their benefit, .501

xiv INDEX.

Gay Head, Indians at, bill for regulation of, how dist/ibuted, 505
General Court and Council, compensation of Members of,

provided for, . . 35-^18-401-603
" " Library, certain books to be purchased for, 417

" " " further appropriation for, . . 463

George's or Lovell's Island, jurisdiction of, to be ceded to

U. States, 220

Gillett, Edith, executrix, authorized to convey certain real

estate, 289

Gimbee, Moses, Trustee to purchase real estate for, . .115
Girdler, Lewis, 3d, grant to, on account of wound, . . 297
Governor, requested to cause an engraving to be made from
the portrait of J. Winthrop, and to deliver
the plate, with impressions, to the Histor-
ical Society, ...... 39

" authorized to appoint an Agent to sell a lot of
land in Scituale, which- has escheated to
the Commonwealth, .... 43

" authorized to appoint Commissioners to negotiate

with the proprietors of land west of the
State House Yard, .... 48

" requested to make arrangements for an honorable

reception of the Marquis de la Fayette, . 54
" requested to write to the Governor of Connecti-
cut, desiring a settlement of the disputed
boundary between that State and Massa-
chusetts, ...... 54

" authorized to appoint an Agent to prosecute the
claim against U. States, to make advances
to him, and to liquidate accounts of Joseph
H. Peirce, Esq. &c. . . . .62

" requested to transmit copies of resolution respect-
ing a survey at Nantucket, to Senators and
representatives in Congress, ... 97
" requested to transmit copies of resolutions respect-
ing survey of Marblehead Harbour, to Sen-
ators and Representatives in Congress, . 104
" requested to transmit copies of the Resolve re-
specting the Massachusetts Claim to Sena-
tors and Representatives in Congress, 93
" requested to transmit to the President of the U.
States, a copy of the Resolution expressing

INDEX. XV

the sense of the Legislature upon his ad-
ministration, ..... 94
Governor, and Council, authorized to appoint Commission-
ers on Claim of Josiah Little, . .111

" and Council, authorized to appoint Commision-
ers to ascertain the boundary line between
this Commonwealth and New-Hampshire, 131

" and Council, authorized to appoint Commission-
ers and Engineer for the survey of a Canal
Route from Boston Harbour to Connecti-
cut River, ...... 135

" (His late Excellency Gov. Eustis) his funeral ex-
penses provided for, . . • .127

" and Council, authorized to appoint Commission-
ers to settle Connecticut boundary line, . 204

" and Council, authorized to appoint Commission-
ers to survey Housatonic River . . 208

" and Council, authorized to appoint Agents to su-
perintend painting and repairs of State
House, 224

" requested to transmit resolutions respecting PrO"
vincetown Harbour, to Senators and Rep-
resentatives in Congress, . . . 270

" requested to communicate with National Govern-
ment respecting boundary line in Maine, 295

" and Council, authorized to appoint Agent for
opening a road in Maine, through public
lands, 301

" authorized to cause certain repairs to be made on

yard and fences of State House, . . 307

" requested to procure papers relating to survey at

Nantucket, «fec 407

" and Council, authorized to appoint an Agent to

attend to the Massachusetts Claim, . . 417

" and Council, authorized to appoint Commission-
ers to inquire respecting the title to certain
land, supposed to have been conveyed by
Commonwealth, ..... 472

" and Council, authorized to appoint Commission-
ers of Internal Improvements, . . 479

" requested to issue Proclamation respecting Con-
necticut Line, ..... 480
C

xvi INDEX.

Governor and Council, authorized to appoint Agent ibr
laying out a road to Houlton Plantation in

Maine, 483

" requested to procure further information respect-
ing Canal across Cape Cod, . . . 485
" with advice of Council, authorized to purchase

certain articles of Anna Tufts, executrix,
for use of government, .... 490
" and Council, authorized to appoint agent to erect
a house of public worship for Indians at

Gay Head, 501

" requested to communicate with the executive of

the U. S. and of Maine, respecting the

North Eastern Boundary, . . . 504

" authorized to take measures for safe keeping of

Statue of Washington, when placed at the

State House, 588

and Council, authorized to appoint Commission-
ers to survey a Route for a Railway, from
Boston to Hudson River, . . . 589

" and Council, authorized to confirm future pur-
chases of Indian Lands in New York, . 662
" and Council, authorized to appoint Commission-
ers to investigate claim of William Simpson, 685
authorized, with advice of Council, to appoint fu^

ture Trustees of Grafton Indians, . . 690
authorized to appoint Committee to examine ac-

counts'of State Prison, . ^ . . . 695

Governor, Lieut, requested to correspond with the Governor
of New Brunswick, respecting de-
predations on Eastern lands, . 123
" " authorized to appoint Commissioners to ex-
amine Cape Cod Harbour, . . 126
" " his compensation as Chief Magistrate after

death of Gov. Eustis, . . . 130

Governor's Messages, (see also Messages) 35-43-59-83-94-95

97-101-104-105-198-199-202-207-224-241-266-268

274-279-2S0-285-400-437-456-457-459-463-465-466

469-473-481-490-510-585-625-651-653-656-660-664

. 665-6p9-673-674-679-680-6Sl-690-692

Governor's Speeches, . . •-. 19-181-377-573

" " answers to, 2(>-3(*

INDEX. xvii

Grafton Indians, Trustees of, how to be appointed, 690

Grammar School in Ipswich, certain real estate of, may be

exchanged, . . . . . . . 98

Grantees and Purchasers of public lands, allowed further

time to comply with conditions of purchase, . . 284
Green, Thomas, his land to be disposed of, by guardian, . 212
Greenwood, James, authorized to purchase certain estate for

his ward, Charles Shed, ..... 272

Hale's Map of New England, three copies of, to be purchas-
ed for Government, ...... 479

Hammond, Phebe P. and another, to be supported by the

State at Asylum for Deaf and Dumb, . . . 484

Hampshire and Hampden Canal, allowance for surveying

route of, 209

Harris, Hannah, Commonwealth's right in certain real estate

relinquished to, . . . . . . .110

Harris, Azor, appointed guardian of Samuel Wood, an In-
dian, 471

" " authorized to sell portion of S. Wood's estate, 657

Haslop, Mary, and another, estate of, may be sold, . . 701
Hassanamisco, or Grafton Indians, Trustees of, how to be

appointed, ........ 690

Herring, Daniel, grant and pension to, for wound, on mili-
tary duty, . 708

Historical Society, publication by, of Winthrop's History of
N. England, 350 copies of, to be taken by Common-
wealth, 39

Holbrook, Zenas, grant to, . . . ^ . . 684
Holden, certain lands in, to be taken care of, . . , 45
Holland, Samuel M. and others, may sell certain real estate, 218
Holmes, Josiah, authorized to extend a wharf in Rochester, 55
Holt, Levi, grant to, and to be placed on pension list, . 464
Homer and Dorr, and others, compensation to, for bringing

criminals to justice, ...... 507

Hopkins Academy, township belonging to, to be located, . 120
Houlton Plantation in Maine, route of road to, to be survey-
ed, &c 483

Housatonic River, to be surveyed, on certain conditions, . 208
Howe, Elizabeth, and others, grant to, . 464

xviii INDEX.

Ilowe, Samuel, Hon. deceased, salary paid to his estate be-
yond his decease, ...... 689

Hubbard, Samuel, Guardian, authorized to sell or exchange

land of Thomas Hancock, 686

Indian Lands, purchases of, under articles of agreement be-
tween Massachusetts and New York, how confirmed
in future, . . . . . . . . 662

Indians in Dukes County, house of worship to be built for, 501
" " " bill for better regulation of, to be

distributed among, . 505
" Hassanamisco or Grafton, Trustees of, how to be

appointed, ...... 690

" Natick, lands of, may be sold, .... 695

Institution for education of laboring class, system of, to be

prepared, ........ 128

Internal Improvements, provision for, .... 479

" " Board of, allowed further compensa-

tion, ..... 601

" " appropriation for, . . . 603

Ipswich, grammar school in, feoffees authorized to exchange

certain estate, ....... 98

Jackson, Amey, grant to, of Commonwealth's right in cer-
tain real estate, ....... 491

Jarvis, Deming, Esq. paid for attending as Representative, 200
Johnson, Samuel R., to be paid for his services as an Over-
seer at State Prison, ...... 505

Jones, Samuel, administrator, may convey certain real es-
tate, 406

Jose, Benjamin H., real estate of, may be sold, . . 38

Jowder, Peter, grant to, and placed on pension list, . . 133

Kelly, Mary, right of Commonwealth in certain estate, re-
leased to, ....... , 656

Kingsby, Orril, authorized to convey real estate, . . 409

INDEX. xix

Kollock, Royal T. to be supported by State at Asylum for

Deaf and Dumb, ....... 57

Kuhn, Jacob, Messinger to General Court, pay granted to, 59
223-31»-414-593

La Fayette, Governor requested to make arrangements for

his honorable reception, ... 54
" expenses of his reception, provided for, . . 222
Lamson, Silas, allowed to enter appeal in certain case, . i08
Lands in Maine, (see Eastern Lands)
Lawrence, Francis, paid for injury received as an officer in

State Prison, 692

Laws, copies of, to be delivered to certain public officers, 456
" how printed and distributed, ..... 591

" volume of, published by Wells &, Lilly, to be purchas-
ed for distribution, ..... 705

Leland, Jonathan, authorized to purchase real estate for M.

Gimbee, . . . . . . . .115

Lewis, William, Esq. paid for attendance as Representative, 201
Librarian of General Court, paid for services, . . . 708
Library of General Court, certain books to be purchased for, 417
" " " further appropriation for, . . 463

Line, between Massachusetts and Connecticut, desire ex-
pressed for adjustment of, . . . .54

" between Mass. and R. Island, opinion respecting, ex-
pressed, ....... 129

" between Mass. and N. Hamp. provisions for ascer-
taining, ....... 131

" between Mass. and Conn, opinion of Legislature re-
specting, expressed, ..... 275

" between U. S. and British Provinces bordering on

Maine, measures respecting, recommended, 295
" between Mass. and Conn., Report of Commissioners,

respecting, transmitted, .... 457

" between Mass. and Conn., to be made known by

Proclamation, ...... 480

" between Mass. and N. Hamp., Report of Commis-
sioners, respecting, transmitted, . . . 490
" between Mass. and N. llamp., to be marked by monu-
ments, ....... 508

XX INDEX.

Little, Josiah, claim of, to be decided by Commissioners, . Hi
Lock, Ward, Assistant Messinger to Governor and Council,

grant to, . . . . .58

" " grant to widow of, . . ... 142

Locks and Canals on Connecticut River, information to be

filed against proprietors of, . . 36
" " information against proprietors of, to be

discontinued, . . . .118

Lovell's Island, in Boston Harbour, provisions concerning, 220
Low, John V. Assistant Messinger to Governor and Council,

grants to, . 139-226-314-418-497-605-704

Lunenburg, town of, its doings confirmed, . . . 400

Lyman, Elihu, Hon. expenses of his sickness and funeral,

how defrayed, ....... 292

Lyman, Joseph, and another, may convey certain real estate, 594
" ■ " " further empowered, . . 687

Maine, lands in, (see Eastern Lands)

" township granted to, on condition of making a certain

road, ....... 595

" grant of township to, modified, .... 678

Mallory, James, grant to, for wound on military duty, . 484
Map of New England, three copies of, to be purchased for

use of government, ...... 479

Marblehead, Senators, &c. in Congress, requested to obtain

a survey of Harbour of, ..... 104

Massachusetts Claim upon General Government, Governor's

Message concerning, . . 59

" " Agent for, to be appointed, . . 62

" " former Agents for, their accounts, how

settled, .... 63

" " settlement of, to be urged in Congress, 93

" " Governor's Message respecting late

Agent of, ... . 101

" " Governor's Message respecting, . 279

" " opinion of Legislature respecting, . 287

" " further provisions respecting, . . 417

" " Message transmitting accounts of late

Agent of, ... . 466

May, Thomas, and another, authorized to sell certain real

estate, , . . *. 103

INDEX.

XXI

Mayor and Aldermen of Boston, authorized to connect

Reservoir with State House, . . . 402

Merrimack and Connecticut Rivers, provisions for ascertain-
ing communication between, .... 214
Message of Governor, transmitting letter from Hon. Mr.
Lloyd, with documents, relating
to a survey of Buzzard's and Barn-
stable Bays, .... 35

" relative to a lot of land in Scituate,
which has escheated to the Com-
monwealth, • ... 43

" relative to the Claim on the U. States
for services of the Militia in the
late war, • ... 59

at opening of the Session of General

Court, January, 1825, . . 83

" transmitting copy of a Resolve of
Georgia, relative to a Resolve
from Ohio, . . .95

" transmitting copy of a Resolution of
the Legislature of R. Island, re-
specting boundary line, . . 97

" relating to accounts of Joseph H.
Peirce, Esq. late Agent at Wash-
ington, 101

" respecting depredations on Eastern

Lands, ..... 104

" respecting affairs of the State Prison, 105
relating to a vacancy in the office of
Major General of the 4th Divi-
sion, and to the petition of Capt.

F. Nye, jun 94

" " respecting Connecticut Line, . I99

" respecting water communication to

Connecticut River, through New
Hampshire, .... 202

" communicating Report of Commis-
sioners for surveying Cape Cod
Harbour, .... 207

" transmitting Resolutions from several

States, Slc. .... 198

" respecting Claim upon U. S. to be

printed, ..... 224

xxii INDEX.

Message of Governor, at opening of Session, January, 1826, 241

" " transmitting Report of Commissioners

on Western Canal Route, . 266

" " transmitting Report of Commissioners

under act of separation of Maine
from Massachusetts, . . 266

" ** transmitting Resolutions from Ten-

nessee and Vermont, . . 268

" " transmitting documents from Maine,

relative to public lands, &c. . 274
. " " respecting Massachusetts Claim, . 279

" " respecting repairs of State House, . 280

" " respecting Roads, &c. on public lands

in Maine, .... 285

'' " transmitting Documents referred to in

Speech, 400

" " at opening of Session, January, 1827, 437

" " transmitting plan and estimate for

vv'arming Senate Chamber, &c. 456

" " respecting surveys of land in Maine, 457

" " transmitting Report of Commissioners

on Connecticut Boundary Line, 457

" " transmitting proceedings of Legisla-

ture of Georgia, . . . 459

" " transmitting communication from Sec-

retary of Navy of U. States, . 459

" " transmitting certain documents from

Georgia, .... 463

" " informing of the resignation of Maj.

Gen. Benjamin Lincoln, . . 465

" " transmitting accounts of Hon. George

Sullivan, .... 466

" " transmitting account of repairs in

State House Yard, . . . 469

" " returning Bill for incorporating the

Mozart Association, with objec-
tions thereto, .... 473

" " respecting North Eastern Boundary

of United States, . . .481

" " transmitting Report of Commissioners
on New Hampshire Boundary
Line, 490

INDEX. xxiii

Message of Governor, returning Bill for establishing the War-
ren Bridge Corporation, with ob-
jections thereto, . . .510

" " informing of resignation of Maj. Gen.

Elijah Crane, .... 585

" " at opening of Session, January, 1828, 625

" " transmitting a Communication from

Washington Monument Associa-
tion, . . . . . 651

" " transmitting documents relating to N.

Eastern Boundary, . . . 653

" " transmitting copy of Report of Hospi-

tal Life Insurance Company, . 656

•* " relating to survey of Route for a Rail-

way from Boston to Providence, 660

" " relating to survey of Route for a Rail-

way from Boston to Hudson River, 664

" " relating to location and construction
of a Road through public lands in
Maine, 665

" " transmittmg Resolutions of Legisla-

ture of South Carolina, . . 669

" " respecting proposed Canal from Wes-

tern, and Canal from Boston to
Blackstone Canal, . . . 673

" " transmitting accounts of Commission-

ers and Engineer on Western
Railway, .... 674

" " transmitting Resolutions of the State

of Georgia, .... 679

" " transmitting Memorial of Mayor, &c.

of Troy, in favor of Western Rail-
way, ..... 680

*' " transmitting documents in relation to

public lands in Maine, . . 681

« " transmitting Resolutions of the State

of Ohio, 690

" " transmitting documents from Maine,

respectiijg N. Eastern Boundary, 693
Message of Lieut. Governor, announcing the decease of Gov.

Eustis, i05

xxiv INDEX.

Messinger of General Court, pay granted to, . 59-223-313-414

593

" " " grants to, to purchase fuel, &.c. 65

93-222-414-478-C05-C55

Nantucket, Senators and Representatives in Congress re-
quested to obtain a survey, with a view
of constructing a harbour at, . . 97
" Island, papers respecting surveys at, to be pro-
cured, 407

" proposed survey at, for construction of Break-
water, 671

Nash, O. and T. authorized to convey certain estate, . 136

Natick Indians, support of, further regulated, . . .211

" •'* lands of, may be sold, . . . . 695

National Independence, appropriation for Executive cele-
bration of, ....... . 305

Newell, Josiah, Administrator, the amount of a certificate of

public debt, to be paid to, . . . . .57

Newhall, Moses, grant to, for wound on military duty, . 133
New Hampshire and Massachusetts, provisions for ascertain-
ing Boundary Line, between, . . 131
" " respecting survey of interior of, to ascer-

tain practicability of water communi-
cation between Connecticut and Mer-
rimack Rivers, .... 214

" " Line, Report of Commissioners respecting,

transmitted, ..... 490

" " Line, to be marked by Monuments, . 508

Nichols Academy, grant to, ..... . 107

" " grant to', modified, 697

Nor thfield, doings of town of, confirmed, . . 657

Officers and Soldiers of the Revolution, land granted to, . 693
Ohio, resolutions of, respecting gradual emancipation of

slaves, concurred in, . . . . . 225

Oliver, John, compensation to, as Keeper of Rainsford

Island, 68&

INDEX. XXV

Osborn, Catharine Mc Cawley, authorized to sell certain

estate, ••...... 41

Osgood, Moses Newell, grant to, for wound on military

duty, 133

Parkman, Daniel, allowed to exchange land with his son,

a minor, ........ 271

Pease, Naomi, guardian, &lc. authorized to convey interest

of her minor son, in certain estate, . , . 109
Pensioners, State, . . . 59-13 1-4G4-486-604-708

Perkins, Thomas, empowered to sell real estate of certain

minors, •......• 45

Perkins, Benjamin F. to be supported at Asylum for Deaf

and Dumb, ........ 292

Perkins, Samuel, and another, empowered to convey estate

of certain minors, ...... 651

Pews, duties on sales at auction of, to be refunded, . . 143
Phillips, Sally, authorized to convey estate of certain minors, 37
Phillips, Jonathan, guardian, authorized to sell interest of

certain minors, ....... 668

Pickman, Benjamin, and another, authorized to sell estate

of a minor, ........ 215

Picquet, Antonin F. may take letters of administration, . 411
Piggin, Patience, new guardian appointed over, . . 100
Plymouth, first Congregational Parish in, may call meeting, 585
Pray, Isaac C. and others, allowed certain sums on their

notes to Commonwealth, ..... 201
Prescott, William, his pension increased, . . . 486

President Monroe, sentiments of Lygislature towards him,

expressed, ..... ... 94

Prison Discipline Society's Report, for 1826, copies of, to

be purchased for General Court, .... 419..._^
Probate Courts in Suffolk, orders and decrees of late Judge

of, confirmed, ....... 303

Proprietors of Locks and Canals on Connecticut River, cer-
tain process]^ to be instituted against
them, &c. ..... 36

" " process against them to be discontinued, 118

Provincetown Harbour, respecting preservation of, . 270

xxvi INDEX.

Punkapog Indians, placed under charge of Thomas French, 286
Public Lands in Maine (see Eastern Lands.)

duarter Master General, appropriations for his Department, 140

312-489-701
" " " to build certain fences near Powder

Magazine, . . . 408

Railway, from Boston to Providence, route of, to be sur-
veyed, ....... 491

" from Boston to Hudson River, route of, to be sur-
veyed, ....... 589

" Western, to Hudson River, report respecting, trans-
mitted, 664

" to Providence, report respecting, transmitted, . 660
" to Hudson River, Memorial from Troy respecting,

transmitted, ...... 680

Randolph, town of, certain doings of, made valid, . . 675
Ranson, Remember, Commonwealth's right in certain real

estate, relinquished to, ..... 465

Read, Samuel, and others, authorized to call Meetinc of Ri-

vulet Manufacturing Company, .... 101

Reed, David, grant to, for wound on military duty, . . 268
Register of Probate in Berkshire, deceased, his bondsmen

to be answerable, . . . . . . 312

Report of Canal Commissioners, how distributed, . . 290
Resolutions of Ohio, respecting emancipation of slaves, con-
curred in, ....... . 225

Revolutionary Soldiers, survivors of Bunker Hill Battle, al-
lowance to, . . . .210

" " provisions of Resolve respecting, ex-

tended, &c. . .221

" " further provisions respecting, . 269

" " additional provisions respecting, . 693

Rhode Island and Massachusetts, Resolution of Legislature
of R. Island respecting Line between,
transmitted, ..... 97

INDEX. xxvii

Rhode Island, Boundary Line, opinion of Legislature re-
specting, expressed, 129

Richards, Benjamin, authorized to release right of his ward,

William Linfield, in certain estate, . . 102

Richardson, George F. allowed further time for payment to

Commonwealth, .....■• 462
Robbins, Ephraim, a Revolutionary Soldier, allowance to, 673
Rolls of Accounts, . . 70-144-227-31^420-521-607-711
Root, Joseph, allowance to, • . . . . . 690
Roxbury, grant to overseers of poor in, for certain pauper, 53
Rudberg, John Nicholas, estate formerly belonging to, how

disposed of, for interest of Com-
monwealth, .... 676
" " estate of, to be sold, . . .693

" " portion of proceeds of estate of, to

be paid to T. B. Wyman, . 697

Salisbury, West Parish of, authorized to sell certain real

estate, ........ 666

Salter, James, and another, authorized to receive a former

grant to William Stokes and others, , . . 460
Sampson, Zaldiel, and another, allowance to, for their ser-
vices, ........ 217

Sawyer, Amos, grant to, for apprehending criminal, , 306

Scituate, Agent to be appointed to sell Commonwealth's

land in, ........ 43

Secretary, directed to furnish towns with copies of Resolves

respecting choice of Electors of President, 53
" to furnish Selectmen of towns with copies of the
Resolve relating to children employed in
factories, . . .139

" to send copies of Resolves respecting proposed

division of Essex, to each town in the Coun- ^

ty, 300

" to purchase 500 copies of Report of Prison Dis-
cipline Society, for use of government, , 419 •
" to deliver copies of laws to certain public officers, 456
" directed respecting publication of laws, . . 591
*' to send copies of Resolves respecting a new Coun-
ty, to each town in Middlesex and Wor-
cester, ...... 698

xxviii INDEX.

Secretary, to purchase 675 copies of additional volume of

Laws, 705

" to cause to be printed, documents respecting N.

Eastern Boundary, &lc. .... 707

Sedgwick, Theodore, paid expenses as a Commissioner, . 488
Selectmen, and City Officers, to make return of number and

condition of children in factories, 139

Simonds, Jonathan, grant to, . . . . . lOO

" " and another, authorized to sell certain

real estate, .... 102

" " empowered to sell certain real estate, . 283

Simpson, William, his claim on Commonwealth to be inves-
tigated, ........ 684

Slade, Nathan, and others, authorized to build a wharf in

Troy, 117

Smead, Solomon, and others. Resolve on their petition, . 36
" " and others, former Resolve respecting pe-

tition of, repealed, . . .118

Smith, Elihu, to be supported at Asylum for Deaf and Dumb, 57
Smith, Stephen, authorized to hold real estate in this Com-
monwealth, ........ 42

Smith, Anne, authorized to sell certain real estate, . . 121
Smith, Silas, grant to, for exhibiting model of certain ma-
chine, ........ 281

Soldiers wounded, pay and pension granted to, 59-133-268-297

302-464-484-486-604-708
" and Officers, land granted to, (see also Revolution-
ary Soldiers) ...... 693

Solicitor General, to institute suit against proprietors of
Locks and Canals on Connecticut
River, ..... 36

" " directed to discontinue process against

proprietors of Locks, &c. on Con-
necticut River, . . . .118

* " - " to discharge judgment against Z. Child, 220
" " to institute process against proprietors of

bridge from Bel isle to Chelsea, . 269
" " to inquire into certain proceedings in town

of Tyringham, .... 685

South Iladley, grant to overseers of poor in, . . . 284
Speeches of Governor, .... 19-181-377-573

" " Answers of House to, . 26-30

INDEX. xxix

Spencer, Selden, allowance to estate of, . . . 690

Spooner, Nathaniel S. authorized to convey certain real

estate, . . . 592

" " authorized to convey real estate, . 599

State House, yard of, Commissioners respecting alterations

in, paid for services, .... 55
" " Commissioners to be appointed to negotiate

with proprietors of land contiguous to, 48
" " Report of Commissioners respecting alterations

in Yard of, accepted, ... 66

" " provisions for painting and repairing, . . 224
" " appropriation for repairs on fences, &lc. of, . 307
" " Reservoir in Summer Street, may be connected

with, 402

" " further appropriation for repairs of fences, &c.

of, 494

State Prison, appropriation for, ..... 64
" " muskets, &c. to be furnished for, . . 65

" " Commissioners appointed to investigate affairs

of, 307

" " work done at, for Commonwealth, to be paid

from State Treasury, .... 499

" " appropriation for new building at, . . 597

" " accounts of, to be examined, . , . 695

" " appropriation for, ..... 706

" " witnesses on concerns of, paid for attendance, 709
State Road to north line of Maine, provision for, , . 595

" location of, may be altered, 678
Statue of Washington, to be placed in building connected

with State House, . . 588
" " accepted by Legislature, for the Com-

monwealth, .... 652

Stedman, Josiah, may invest property of certain minors, . 206
Stetson, Amasa, relating to trespass on land purchased by, 106
Stetson, David, compensation of, for attendance as Repre-
sentative, . . . . . . 588

St. John's and Madawaska Rivers, undivided lands on, re-
lating to, 412

Stokes, William, and others, certain real estate relinquished

to, 118

" " and others, grant to, ... . 288

XXX INDEX.

Survey of Interior of New Hampshire, grant for, to ascertain

practicability of certain water communications, 214

Tainter, Harvey, and others, grant to, . . . .106
Taxes granted for several Counties, . 138-296-509-599-699
Thomas, Ezra T. an officer in the Militia, honourably dis-
charged, 587

Thompson, Emerson, paid for apprehending criminal, 602

Thompson, David, an old soldier, pension of, increased, . 604
Thornton, Gideon, guardian, &c. empowered to sell land, 812
Towne, Solomon, allowance to, on account of conviction of

criminal, ........ 677

Townsend, David, certain auction duties released to, . 471
" " set of laws granted to, . . . 700

Townsend, town of, authorized to sell certain ministerial

lands, . .667

Train, Isaac, account of, to be examined by C. of Sessions, 467
Treasurer, authorized to borrow money, 47-309-419-590-654
" to allow certain sum on notes of B. Baldwin, . 115 '
" to deposit money in banks, to be on interest, . 413
Troup, Robert, and others, purchase by, of lands in N. Y.

confirmed, ........ 662

Truro, Selectmen of, relating to their petition, . 126

Tufts, Anna, executrix, certain articles to be bought of, for

use of Commonwealth, ..... 490

Turner, Charles, Agent, authorized to give a deed of cer-
tain real estate, . . . , . . .110
Turner, Robert, and another, authorized to sell certain real

estate, 403

Tyringham, town of, to refund certain sum of money into

State Treasury, . 460

" " to refund certain monies to State Trea-

sury, . . . . . 685
" " expenses of investigating accounts of,

paid, 691

Vamum, Benjamin F. authorized to erect monuments on

N. Hampshire Boundary Line, 508

INDEX. xxxi

Varnum, Benjamin F. paid for services in erecting monu-
ments on N. Hampshire Line, .... 709

Waltham, northeast school district in, Resolve relating to,

repealed, .129

Warren, Thomas, and another, aliens, allowed to hold real

estate, ........ 140

Warren Bridge Corporation, Bill for incorporating, returned

by Governor, with objections, . . .510

Washburn, Emory, paid certain expenses, as member of a

Committee, ........ 502

Washington Monument Association, authorized to place

Statue in a building connected with State House, 588
Washington Monument Association, their vote entrusting

Statue to care of the Commonwealth, accepted, . 652
Waterston, Robert, and others, to be allowed certain sum

on their notes of hand, . . ... 676

Weaver, Benjamin, and others, claim of, to be enquired into, 472
Weller, Royal, an officer in the Militia, honourably dis-
charged, ........ 201

Wells, Lydia, released from execution against her, . . 596
Wesleyan Academy, grant of land to, .... 703

Wheeler, John H. grant to, for work at State House, . 134

Wheeler, John B. authorized to sell certain real estate, . 223
Wheelock, Martin, placed on pension list, ... 59

White, Eliza, authorized to sell estate of certain minors, . 597
Whiting, Pamela F. authorized to convey certain land, . 416
Whittemore, William, and others, empowered to hold meet-
ing of Middlesex Turnpike Corporation, . .211
Willard, Sidney, proceedings of, as guardian, made valid, 298
Williams, Samuel G. authorized to convey certain land, . 405
Williams, Thomas, discharged fiom a judgment of Common-

monwealth against him, ..... 406

Windsor and Savoy, report of a Committee locating highway

in, made valid, ....-•• 281

Winthrop's History of New England, copies of, to be taken

by Commonwealth, ....•• 3J

Witnesses, dtc. before Committee on State Prison, paid for

attendance, ....•• ^07-

" before Committee on State Prison, allowance to, 709
E

xxxii INDEX.

Wood, Samuel, an Indian, placed under guardianship, . 471
" " portion of estate of, may be sold by guardian, 657

Woods, Henry A. placed on pension list, . . 708

Worcester, County of, certain lands belonging to, may be

leased by Court of Sessions, 132
" " sense of inhabitants to be taken re-

specting formation of a new
County, .... 698
Wyman, Thomas B. allowance to, from proceeds of J. N.

Rudberg's estate, 697

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