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RESOLVES
THE GENERAL COURT

Commontoealt]^ of Mn%u^mzti%

\ PASSED AT THE SEVERAL SESSIOJ^^S,

COMMENCING, JANUARY, 1832, AND ENDING, APRIL, 1834.

%\m%%zti afreeafilu to a a^psolbe of tje sfpteentli Sanuar^,

1812.

BUTTON AND WENTWORTH, PRINTERS TO THE STATE.
1834.

"«

RESOLVES

THE GENERAL COURT

CommotttoealtJ) of jila0sac!)usettg.

PASSED AT THEIK SESSION,

WHICH COMMENCED ON WEDNESDAY, THE FOURTH OF JANUARY, AND ENDED ON
SATURDAY, THE TWENTY-FOURTH OF MARCH, ONE THOUSAND EIGHT
HUxNDRED AND THIRTY TWO.

^ul)lfsJ)eU asteeablj to a 3Jlesol\)e of tj)c sfytcentiiSanuai;^, 1812.

DLTTON AND WENTVVORTH, PRINTERS TO THE STATE.

1832.

civile GOVERNMENT

OF THE

FOR THE POLITICAL YEAR 1832.

HIS EXCELLENCY

LEVI LINCOLN, ESdUIRE,

GOVERNOR.

HIS HONOR

THOMAS L. WINTHROP, ESQ.

MEXJTBNANT GOVERNOR.

COUNCIL."

HON. JOSIAH J. FISKE,

« HENRY HUBBARD,

« LUKE FISKE,

« JOSEPH BOWMAN,

« HOWARD LOTHROP,

WW ELIJAH SWIFT,

u PATRICK BOISE,

« JOHN C. GRAY,

« WILLIAM FERSON

KDWARD B, BANGS, ESaUIRE,

Secretanj of the Commonwealth.

HEZEKIAH BARNARD, ES^.

Treasurer and Receiver General of the Commonwealth.

HON. TTILI^IAM THORNDIKE,

PRESIDENT.

SUFFOLK DISTRICT.

Hon. Charles Wells, Hon. James C. Merrill,

Alexander H. Everett, Otis Everett,

James T. Austin, Benj. T. Pickman.

ESSEX DISTRICT.

Hon. Leverett Saltonstall, Hon. Ebenezer Bradbury,
William Thorndike, William Johnson, Jr.

Elias Putnam, Robert Cross.

MIDDLESEX DISTRICT.

Hon. Elihu Cutler, Hon. Nathaniel Austin,

Daniel Richardson, Francis Winship.

Samuel Hoar, Jr.

PLYMOUTH DISTRICT.

Hon. Benjamin Ellis, Hon. Gershom B. Weston.

NORFOLK DISTRICT.

Hon. Joseph Hawes, Hon. Samuel P. Loud.

John Endicott,

BRISTOL DISTRICT.

Hon. Nathan C. Brownell, Hon. Samuel French.
Ebenezer Daggett,

SENATE.
WORCESTER DISTRICT.

Hon. John W. Lincoln, Hon. James Draper,
David Wilder, Rufus Bullock.

William S. Hastings,

HAMPSHIRE DISTRICT.
Hon. Chaimcey Clark, Hon. Joseph Cummings,

HAMPDEN DISTICT.
Hon. Enos Foote, Hon. John Wjles.

FRANKLIN DISTRICT.
Hon. Elihu Hoyt, Hon. Enos Smith.

BERKSHIRE DISTRICT.
Hon. Wilbur Curtis, Hon. Russell Brown.

BARNSTABLE DISTRICT.
Hon. John Doane,

NANTUCKET DISTRICT.
Hon. Barker Burnell.

Charles Calhoun, Clerk.
W. P. Gragg, Assistant Clerk.
Rev. F. W. P. Greenwood, Chaplain.
Charles C. Cutting, Page.

HOUSE OP HHPRBSBMTATIVBS

HON. WILLIAM B. CALHOUN,

SPEAKER.

COUNTY OF SUFFOLK.

Boston, Samuel Austin, Jr.

Cyrus Alger,
Samuel Aspinwall,
George Blake,
James Bowdoin,
John P. Bigelow,
Francis Brinlej, Jr.
Daniel Baxter, Jr.
Levi Brigham,
Joseph T. Buckingham,
David L. Child,
, Jabez Ellis,
Luther Faulkner,
Joshua B. Flint,
Henry H. Fuller,
Daniel L. Gibbens,
Charles G. Greene,
George Ballet,
Nathaniel Hammond,
Richard D. Harris,
Prentiss Hobbs,
James L. Homer,

HOUSE OF REPRESENTATIVES.

Boston,

Chelsea,
Amesbury,

Edmund Kimball,
Winslow Lewis,
Joseph Lewis,
William Lawrence,
Charles Lincoln,
Eben. H. Little,
Daniel Messenger,
Thomas Motley,
John B. M'Cleary,
Thomas Minns,
David Moody,
Thomas Melvill,
William F. Otis,
William Parker,
Thomas W. Phillips,
Abel Phelps,
John S. Perkins,
Edward G. Prescott,
Edward A. Raymond,
James Ridgway,
Benjamin Russell,
Jeffrey Richardson,
William Ritchie,
Simon W. Robinson,
William Sturgis,
John B. Wells,
John Wheelwright,
Bedford Webster,
Henry Williams,
Aaron Willard, Jr.

COUNTY OF ESSEX.

Lowell Bagley,

HOUSE OF REPRESENTATIVES.

Amesbury,

Andover,

Beverly,

Boxford,

Bradford,

Danvers,

Essex,
Gloucester,

Hamilton,
Haverhill,

Ipswich,
Lynn,

Joshua Colby, Jr.
Thomas Bailey,
Samuel Merrill,
Amos Spaulding,
Robert Rantoul,
Charles Peabody,
Jesse Kimball,
George Savary,
John Preston,
John Page,
Nathan Poor,
Jonathan Shove,

Gorham Babson,
James Goss,
Samuel Giles,
Samuel Gilbert,
George Haskell,
Nehemiah Knowlton,
Samuel Lane,
Aaron Plumer,
Azor Brown,
Ephraim Corliss,
James Davis,
Thomas G. Farnsworth,
Caleb B. Le Bosquet,
Josiah Caldwell,
Joseph Dennis,
Stephen Pearson,
William B. Breed,
Jonathan Buffum,
Joseph Currier,
Jacob Ingalls,

HOUSE OF REPRESENTATIVES.

LynUf

Lynnfield,

Manchester,

Marhlehead,

Methuen,

Middleton,

Newbury,

Newburyport,

Rowley,
Salem,

Salisbury,

Saugus,
Topsfield,
Wenham,
West Newbury,

Francis C. Newhall,
Stephen Oliver,
Eleazer C. Richardson,
Bowman Viles,
John W. Allen,
Joshua O. Bovvden,
William Hawkes,
Samuel Knight,
Robert Orne,
Frederick Robinson,
John Russ,
Ephraim Fuller,
Joseph Gerrish,
Moses Pettingell,
William S. Allen,
Charles H. Balch,
Thomas M. Clark,
William Davis,
William Faris,
Moses P. Parish,
Thomas Payson,
Holton J. Breed,
Nathaniel Frothingham,
William Mansfield,
Stephen C. Phillips,
William Ropes,
Jacob B. Winchester,
Reuben Evans,
John Colby,
Joseph Cheever,
Jacob Townc, Jr.
Moses Foster,
Daniel Emery,

HOUSE OF REPRESENTATIVES.

COUNTY OF MIDDLESEX.

ActoUj

Francis Tuttle,

Ashhy^

Gushing Burr, Jr.,

Bedford,

Amos Hartwell,

Billerica,

Josiah Rogers,

Brighton J

Daniel Austin,

Burling ton.

William Winn,

Cambridge,

Amasa Davis,

James Hay ward,

Samuel King,

Josiah Mason, Jr.,

William J. Whipple,

Thomas Whittemore

Carlisle,

Cyrus Heald,

Charlestown,

Edward Cutter,

John Harris,

Oliver Holden,

Lot Pool,

John Sweetser,

Daniel Tufts,

Chelmsford,

Charles Bent,

Concord,

Joseph Barrett,

John Kcycs,

Dracut,

Joseph B. Varnum,

Dunstable,

Temple Kendall,

East Sudbury,

Isaac Gleason,

Framingham,

Luther Belknap,

Groton,

John Boynton,

HOUSE OF REPRESENTATIVES.

Groton,
Holliston,

Hopkinion,
Lexington,

Lincoln,

Littleton,

Lowell,

Maiden,

Marlborough,
Medford,
Natick,
Newton,

Pepperell,
Reading,

Sherburne,
Shirley,
South Reading,

Stoneham,

Stow ^ Boxboro\

Sudbury,
Tewksbury,

John Rock wood,
John Haven,
Abner Johnson,
Samuel B. Walcott,
Ambrose Morell,
Charles Reed,
George Russell,
Joel Marshall,
Ebenezer Appleton,
Seth Ames,
Maynard Bragg,
William Davidson,
Willard Guild,
Artemas Holden,
Oliver M. Whipple,
Lemuel Cox,
James Crane,
Levi Bigelow,
John Sparrell,

Matthias Collins,
John Kenrick,
Abel Jewett,
John Bachelder,
Warren Parkins,
Calvin Sanger,

Lilley Eaton,
Lemuel Sweetser,
Peter Hay,
James B. Brown.
Lyman Bigelow,
John Hunt,
Jonathan Clark,

13 HOUSE OF

REPRESENTATIVES.

Tewksbury^

Alpheus Smith,

Townsend,

Paul Gerrish,

Tyngsboroughj

Joseph Butterfield,

Waltham,

Jonas Clark,

John Viles,

Watertown,

Charles Bemis,

Levi Thaxter,

West Cambridge^

Benjamin Locke,

Westford,

Weston,

Samuel Hobbs,

Wilmington,

Woburn,

Samuel Abbott,

Joseph Gardner,

Stephen Nichols.

COUNTY

OF WORCESTER.

Ashburnham,

Nathaniel Pierce,

Hosea Stone,

Athol,

Eliphalet Thorp,

Barre,

Archibald Black,

Gardner Ruggles,

Berlin,

Jonathan D. Merriam,

Bolton,

Barnard Nurse,

Boylston,

Ward Cotton,

Brookjield,

Jesse Bliss,

Rufus Harrington,

Abraham Skinner,

Charlton,

Issachar Comins,

Ebenezer White,

Dana,

Reuben Sibley,

Douglas,

David Holman,

Dudley,

George A. Tufts,

Abiel Williams,

HOUSE OF REPRESENTATIVES.

Fitchburg,

Ebenezer Torrey,

Zachariah Sheldon,

Gardner^

Timothy Hey wood,

GrafioUf

Harry Wood,

Samuel Wood,

Hardwicki

Moses Allen,

Harvard,

Holden,

Asa Broad,

Samuel Daman,

HubbardstoUj

Henry Prentiss,

Moses Waite,

Lancaster,

John G. Thurston,

Leicester,

John Hobart,

John King,

Leominster,

Wilder Carter,

Carter Gates,

Lunenburg,

Mendon,

Caleb V. Allen,

Lebbeus Gaskill,

Daniel Thurber,

Milford,

Millbury,

WiUiam M. Benedict,

Elijah Waters,

New Braintree,

Northborough,

Jotham Bartlett,

Northbridge,

Sylvanus Holbrook,

North Brookfield,

Jonathan Cary,

Oakham,

Washington Allen,

Oxford,

Ira Barton,

Alexander De Witt,

Paxton,

Tyler Goddard,

Petersham,

Joseph Gallond,

Micajah Reed,

PhilUpston,

Abel White,

HOUSE OF REPRESENTATIVES.

Princeton^

Charles Russell,

Royalston,

Benjamin Brown,

Rutland^

Joseph King,

Shrewsbury^

Nymphas Pratt,

Southboro^

Dexter Fay,

Southbridge,

Larkin Ammidown,

Oliver Hooker,

Spencerj

Rufus Adams,

Sterling,

Jacob Conant,

Thomas Wright,

Sturbridge,

James Johnson,

Thomas Merrick,

Sutton,

Joshua Armsby,

Reuben Waters,

Templeion,

Leonard Stone,

Upton,

Elisha Fisk,

Uxbridge,

Joseph Day,

George Willard,

Ward,

Zebulon Gary,

Westborough,

Nahum Harrington,

Joshua Mellen,

West Boylston,

Silas Newton,

Western,

Pardon Allen,

Westminster,

Charles Hudson,

Cyrus Winship,

Winchendon,

William Brown,

Worcester,

Luther Burnet, jr.

Lewis Bigelow,

Otis Corbet,

Jubal Harrington,

Nathaniel Stowell,

HOUSE OF REPRESENTATIVES. 15

COUNTY OF HAMPSHIRE.

Amherstf

Belchertowriy

Chesterfield^

Cummingtorii

Easthamptorit

Enfield,

Granby,

Goshen,

Greenwich,

Hadley,

Hatfield,

Middlefield,

Northampton,

Norwich,

Pelham,

Plainfield,

Prescott,

South Hadley,

Southampton,

Ware,

Westhampton,
Williamsburg,
Worthington,

Oliver Dickinson, 2d,
John Leland,
Justus Forward,
Dyar Bancroft,
Jonathan Dawes,
John Ludden,
Thomas Gary,
Samuel Ayres,

Thomas Smith,
Charles P. Phelps,
Remembrance Bardwell,
Matthew Smith, jr.
Samuel Parsons,
Jonathan Strong,
Oliver Warner,
Eliphalet Williams,
Joseph Stanton,
Ziba Cook,
Erastus Bates,
Simeon Stockwell,
Hiram Smith,
Elisha Edwards, jr.
Homer Bartlett,
Alexander Brackenridge,
Samuel Edwards, jr.
Samuel Graves,
Jonathan Brewster,

HOUSE OF REPRESENTATIVES.

COUNTY OF HAMPDEN.

Blandford,

Brimfield,

Chester,

Granville,

Longmeadow,

Ludlow,

Monson,

Montgomery,

Palmer,

Russell,

Southwick,

Springfield,

Tolland,

Wales and Holland,

Westfield,

West Springfield,

Wilbraham,

Lyman Gibbs,
David Parks,
Issachar Brown,
Festus Foster,
William Shepherd,
Samuel Root, -'<■ 0
Seth Taylor,
Theodore Sikes,
Benjamin Fuller,
Oren Parks,
Joseph Lee,
Rolon Parks,
Amasa Holcomb,
George Bliss,
William Child,
Jonas Coohdge,
William B. Calhoun,
Silas Stedman,
Noah Shepherd,
Elbridge G. Fuller,
Elias Cadwell,
Frederick Fowler, jr.
Matthew Ives, jr.
Linus Bagg,
Warren Chapen,
Henry Phelon,
Lewis Warriner,
Abraham Avery,
Sylvanus Stebbins.

\fi

HOUSE OF REPRESENTATIVES.

COUNTY OF FRANKLIN.

Ashjield,

Bernardston,
Buckland,
Charlemont,
Colraine,

Conway,
Deerjield,

Gill,
Greenfield,

Hawley,
Heath,
Leverett,
Ley den,
Monroe,
Montague,
New Salem,
Northfield,

Orange,

Rowe,

Shelburne,

Shutesbury,

Sunderland,

Warwick,

Wendell,

Whately,

Henry Bassett,
Chester Sanderson,
John Brooks,
Erastus Taylor,
John Fisher,
Samuel Pierce,
John Wilson,
Darius Stearns,
Epaphras Hoyt,
Stephen Whitney,
Josiah Pomroy,
Alanson Clark,
Thomas Nims,
Edmund Longley, jr.
Daniel Gale,
Alpheus Field,
Elisha Chapen,

Jonathan Hartwell,
Ebenezer Torrey,
Thomas Mason,
Isaac Prior,
George Blodget,
Ebenezer Merrill,
Ira Arms,

Benjamin Winter, jr.
Horace W. Taft,
Lemuel Wheelock,
Jonathan Whitaker,
Thomas Crafts.

'18 HOUSE OF REPRESENTA11VES.

COUNTY OF BERKSHIRE.

Adams,

Alford,

Becket,

Cheshire f

Clarksburg,

Dalton,

Egremont,

Florida,

Great Barrington,

Hancock,

Hinsdale,

Lanesborongh,

Lee,

Lenox,

Mount Washington,

New Ashford,

New Marlboro\

Otis,

Peru,

Pittsfield,

Thomas Farnam,
Elisha Kingsley,
Isaac W. Hoxie,
James Wilbur,
Hugo Dewey, jr.
Wolcolt Chaffee,
Nathaniel Bhss,

Simeon W. Wright,
Joel Crippen,

Grotius Dewey,
Ralph Taylor,
Samuel W. Wilson,
Ichabod Emmons,

Stephen Thacher,
Lyman Judd,

Newton Kasson,
Benjamin Wheeler, jr.
Samuel Pickett,
Cyrus Stowell,
Jonathan Allen, 2d,
Thomas B. Strong,
Jireh Stearns,
Nathan Willis,

HOUSE OF REPRESENTATIVES,

Richmond,
Sandisfield,

Savoy,

Sheffield,

Stockbridge,

Tyringham,
Washington,
West Stockbridge,
Williamstown,

Windsor,

Eleazer WilliamvS,
Uriel Smith,
Josiah H. Sage,

Horatio L, Warner,
Isaac Curtis,
Thaddeus Pomeroy,
Samuel Fargo, jr.
Stephen W. Newton,
Martin Hendrix,
Ebenezer Emmons,
Reuben Young,
Daniel O. Holbrook.

COUNTY OF NORFOLK.

Bellingham,
Braintree,

Brookline,
Canton,
Cohasset,
Dedham,

Dorchester,

Foxborough,

Franklin,

Medjield and Dover,

Milton,

Stephen Metcalf,
Isaac Dyer,
Minot Thayer,

James Endicott,
James C. Doane,
Horace Mann,
Richard Ellis,
Ebenezer Clap,
Joseph Clap,
Abel Cushing,
Benjamin Fuller,
Henry Hobart,
Stephen Kingsbury,
Calvin Richards,
James Campbell,
Thomas Hunt,

HOUSE OF REPRESENTATIVES.

Medway,

Needham,
Quincy,

Randolph,

Roxhury,

Sharon,
Stoughion,
Walpole,
Weymouth,

Wrentham,

Warren Levering,
Joseph L. Richardson,
Rufus Mills,
Edward Glover,
John Souther,
David Blanchard,
Joshua Spear, jr.
John Champney,
Isaac Davis,
Jonathan Dorr,
Samuel J. Gardner,
Joshua Seaver,
Jacob Tidd,
Jeremiah Richards,
Jesse Pierce,
Harvey Clap,
Lemuel Humphrey,
Leonard Tirrell,
Noah Torrey,
Allen Tillinghast.

COUNTY OF BRISTOL.

Attleborough,
Berkley,
Dartmouth,
Dighton,

Easton,
Fairhaven,

Freetown,
Mansfield,

Abijah M. Ide,
Adoniram Crane,
Bradford Howland,
Nehemiah Walker,
David Hathaway,
Elijah Howard, jr.
Warren Delano,
Sampson Perkins,
Joseph Whelden,
George Perkins,
Elkanah Bates,

HOUSE OF REPRESENTATIVES.

Neiv Bedford,

Norton^

Pawtucket,

Raynham,

Rehoboth,

Seekonk,

Somerset,
Swanzey,

Taunton,
Troy,

Wesiport,

John Burrage,
Thomas A. Greene,
Edmund Gardner,
Charles W. Morgan,
Thomas Mandell,
Benjamin Lincoln,
Pardon Tillinghast,
Asa Arnold,
Remember Kent,
Ellis Hall,
Lloyd Bosvvorth,
Nathaniel Reed,
Seth Whitmarsh,
Wheaton Luther,
John Earle,
Benajah Mason,
Samuel Crocker,') '^^'^
Simeon Borden,
Barnabas Blossom,
Anthony Mason,
Azariah Shove,
Jonathan Davis,
Abner B. Gifford,
James H. Handy.

Pa^^

COUNTY

OF PLYMOUTH.

Abington,

James Bates,

John Gushing,

Micah Pool,

Bridgewater,

Samuel Leonard, jr.

Holmes Sprague,

Carver,

Thomas Cobb,

Duxbury,

Gershom Bradford,

22-

HOUSE OF REPRESENTATIVES.

East Bridgewater,

Halifax,
Hanover,
Hanson,
Hingham,

Hull,

Kingston,
Marshjield,

Middleboro^

North Bridgewater,

Pembroke,
Plymouth,
Plympton,
Rochester,

Scituaie,

Wareham,

West Bridgewater,

Joseph Chamberlin, jr.
Azor Harris,
Zadock Thomson,
Horatio Gushing,

Thomas Loring,
Marshall Lincoln,
Nicholas B. Whitney,

Spencer Bradford,
John Ford, jr.
Edward P. Little,
Bradford Harlow,
Tisdale Lincoln,
Nathaniel Staples,
Reland Tinkham,
Benjamin P. Wood,
Luther Washburn,
Eliphalet Kingman,
Jesse Perkins,

Barnabas Hedge,
Jonathan Parker,
Charles J. Holmes,
Ebenezer Holmes,
Amittai B. Hammond,
Edward F. Jacobs,
Peleg Jenkins,
Gushing Otis,
Thomas Savery,
Samuel Dunbar.

HOUSE OF REPRESENTATIVES.

COUNTY OF BARNSTABLE.

Barnstable,

Henry Crocker,

David Hinkley,

William Lewis,

Charles Marston,

Brewster,

Elijah Cobb,

Chatham,

Joshua Nickerson,

Joseph Young,

Dennis,

John Baker,

Oren Howes,

Eastham,

Michael Collins, \w

Falmouth,

Thomas Fish, vZ,t-^*

Harwich,

James Long,^'

Sidney Underwood,

Orleans,

Elisha Cole,

John Kenrick,

Provincetown,

Isaac Small,

Sandwich,

Benjamin Burgess,

Shadrack Freeman,

Elisha Pope,

Truro,

James Small,

John Kenny,

Wellfleet,

Joseph Holbrook, 3d,

Benjamin R. Withereil,

Yarmouth,

James Crowell,

Joseph White.

24 HOUSE OF REPRESENTATIVES.

DUKES' COUNTY.

Chilmarkj Smith Mayhew,

Edgartown, LeaviwThaxter,

Tisbury, Eliakim Norton.

COUNTY OF NANTUCKET.

Nantucket, John C. Briggs,

David Baxter,
Isaac Folger.

LUTHER S. GUSHING, Clerk.

Rev. Ralph W. Emerson, ) ^t 7 •
Ev. Howard Malcom, 3 ^

Jacob Kuhn, Messenger to the General Court.

Elijah W. Cutting, Assistant Messenger.

Francis Pitts, Page.

RESOLVES

THE GENERAL COURT

COMMONWEALTH OF MASSACHUSETTS.

PASSED AT THEIR SESSION,

WHICH COMMENCED ON WEDNESDAY, THE FOURTH OF JANUARY, AND END-
ED ON SATURDAY, THE TWENTY-FOURTH OF MARCH, ONE THOU-
SAND EIGHT HUNDRED AND THIRTY TWO.

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

oj the House of Representatives :

The suftVages of my Fellow Citizens having again
called me to the executive duties of the Government,

26 GOVERNOR'S MESSAGE.

it no less becomes the present occasion for addressing
their immediate Representatives, than it is demanded by a
sentiment of respectful and deep-felt gratitude, that I
should thus publicly express a sense of the honor which
the recent manifestation of their continued favor and
confidence has conferred upon me. The obligations
which it imposes are indeed of anxious, and fearful re-
sponsibility, not to be satisfied with the language of ac-
knowledgement merely, but requiring the exercise of the
best powers of the understanding, the aids of observation
and experience, freedom from personal and party consid-
erations, a diligent investigation of the interests of the
Commonwealth, patient labor, and a faithful devotion of
time and thought to the service of the State. Looking
for support and assistance to my official advisers, and
confidently relying upon harmony and co-operation in all
Branches of the Government, I enter upon the Office
assigned me, and whatever an honest purpose, exclusive-
ly regardful of the dictates of duty, can contribute to
success and acceptance in its administration, is renew-
edly pledged, in humble dependence upon the blessing
of Heaven, to the discharge of the trust.

The objects of a Representative Government are hap-
pily expressed in that Article of the Bill of Rights, which
enjoins the frequent assembling of the Legislature, " for
the redress of grievances, for correcting, strengthening,
and confirming the laws, and for making new laws, as
the common good may require." In a review of the pre-
sent condition of the Commonwealth, it will not fail
to be recognized as a subject for the truest congratula-
tion, that so few of the first and highest purposes of le-
gislation remain to be accomplished. For a period of
almost half a Century from the adoption of our State
Constitution, we were directed by the personal counsels

GOVERNOR'S MESSAGE. 27

of those great and good men, who, having assisted in
achieving the independence of tiie nation, secured the
enjoyment of the blessings of Civil Liberty in this Com-
monwealth, by the establishment of a republican form
of Government, the enactment of just and equal laws,
and in laying the foundation of Institutions for instruc-
tion and learning among the people. And now that these
Fathers and Founders of the Republic have passed, or
are fast passing away, it devolves upon their Descendants
to cherish the principles, and practise the virtues of their
Ancestors, and thus, in their own day, preserve and im-
prove the rich inheritance of freedom and happiness,
which has been transmitted to them, in trust, for pos-
terity.

Various subjects, which demand the attention of the
Legislature, will give to the present session unusual in-
terest and importance. Besides the ordinary business of
revising and modifying the Laws, or enacting new,ones,
to conform to the multiplied and ever-changing concerns
of an enterprising and prosperous community, the deli-
cate and difficult task of settling the decennial valuation
of the ratable property of the Commonwealth, (a work
already in the progress of preparation) must, at this time,
be completed ; and the obligation is consequent upon it,
of districting the State, and, upon this basis of valuation,
apportioning the representation in the first Branch of the
Legislature, in accordance with the provisions of the Con-
stitution. In subserviency to the necessary and imme-
diate action of Congress, under the Constitution of the
United States, in fixing the apportionment of Representa-
tives in that Body upon the returns of tlie last Census, it
will doubtless become a duty to district the Common-
wealth, for the choice of such number of Representatives
as may fall to the proportion of Massachusetts. The ear-

28 GOVERNOR'S MESSAGE.

\y recurrence of the period for a new Election of Presi-
dent and Vice President, brings with it the occasion, also,
for prescribing the mode in which the sentiments of the
people maj be expressed upon this question of exciting and
absorbing moment. In all these measures, there is sure-
ly enough to engage the anxious thoughts of the reflecting
and faithful Representative. Thej involve the highest
interests, the most important rights, the dearest privileg-
es of every Constituent, for, by the determination of
them, the contributions to the support of Government,
and the measure of influence which each individual Citi-
zen may have in the administration of it, will be directly
affected.

In the passage of a Law relating to the Election of
Representatives to Congress, 1 would respectfully recom-
mend, that the time for the Returns of Votes should be
much more restricted than at present. The period of
forty days, allowed by the last Statute, is longer than
convenience requires for their transmission from the most
remote places in the Commonwealth, and the delay which
is thus occasioned in their official examination, in cases
where no choice has been effected, may so far postpone
renewed ballotings, as to deprive the State of a portion
of her Representation in the Councils of the Nation. To
this prejudice she is now, indeed, unfortunately subject-
edj in an important crisis of her interests, from a failure,
upon repeated trials, to elect members in two of the Dis-
tricts, and, should a vacancy providentially happen during
a Session of Congress, its continuance for a long time
under the provisions of the present law, would be una-
voidable, however desirable it might be, or ready the
people were, immediately to supply it. The Executive
Precept for an Election must necessarily conform to the
statute authority under which it is issued, and experi-

GOVERNOR'S MESSAGE. 29

ence has abundantly shewn, that all the Returns from a
District will rarely be received in anticipation of the le-
gal requirement. I deem it even w^orthy of your inqui-
ry and consideration, whether, in special reference to the
vacancies which now exist, and the situation of the Dis-
tricts to which I have referred, an amendment of the law
at this time, in such manner as to enjoin the Returns in
the shortest reasonable opportunity after casting the
votes, is not expedient. At no period in our public affairs
has it seemed to me to be more interesting, that the State
should be fully represented, and the w^eight of its influ-
ence felt in the measures of the General Government.

There is yet another subject of very general expecta-
tion, which will press wuth weight upon the responsibility
of this Legislature ; that of an Amendment of the State
Constitution in relation to the popular Branch of the
Government. While this measure, in some form which
shall effect a reduction of the number of Representatives,
has been long called for, with scarce a divided sentiment
upon its necessity, among the people, it has hitherto fail-
ed, through differences of opinion within these Halls, as
to the shape in which it should be presented for their
adoption. The unusually full delegation, at the present
time, may be received as no equivocal evidence of the
solicitude with which your deliberations, upon the plan
proposed by your immediate predecessors, will be regard-
ed. Without presuming to anticipate the result, I can-
not forbear to express an earnest and confiding hope, that
in arriving at it, the great principles of political Justice,
and the equal rights of all the Citizens, may be kept
prominently in view, so that neither the over excited
jealousy of local interests, nor the exclusiveness of per-
sonal considerations, shall be permitted to interfere with
that form and extent of modification, which the public

30 GOVERNOR'S MESSAGE.

good requires. Manifold as are the existing inconven-
iences, it were far better, that they should be longer suf-
fered, than that, by partial and unsatisfactory alterations
in the frame of Government, inducements should be held
out to constant change. The true basis of a Republic is
in the equal rights of the people, and the more nearly a
system of representation shall be made to express this
equality, the more perfect it will be. All other arrange-
ments are purely arbitrary, or the result of compromise
in the formation of the civil compact. To secure to one
Citizen an exercise of the privilege of suffrage in the
election of public Agents, more frequently, or in a higher
degree, than it is allowed to another, under a similarity
of political circumstances, and with no other reference in
the discrimination, than to the mere accident of resi-
dence, may comport with the terms of such compromise,
but would practically violate the essential relation of
Representative to Constituent, which can only exist,
where trust is reposed by the one, and corresponding
obligation and responsibleness are created on the part of
the other. How far any of the provisions of the pending
Amendment are liable to objections resulting from such
considerations, or how effectual the reduction which it
proposes, would be, to remove the inconvemences of a
cumbrous representation, is peculiarly your province to
determine. The Amendment having passed one Legis-
lature, in accordance with the mode prescribed in the
Constitution, must now be taken or rejected, as it is.
Coming as you do, upon a recent election, from every
part of the Commonwealth, you bring with you that
knowledge of public opinion which must be decisive
upon the question. Should this be adverse to its ac-
ceptance, it may still reasonably be expected, that the
investigation and discussion which the subject must re-

GOVERNOR'S MESSAGE. 31

ceive, will give rise to a proposition less imperfect, and
better conforming to the sentiments which may be rep-
resented here. Relief, universally demanded, cannot long
be denied, and the appeal should never be made in vain
to a spirit of wisdom and conciliation to provide it. The
present Constitution of the House is felt to be an oppres-
sive and enormous evil, burthening the public revenue,
delaying the public business, impairing the certainty and
safety of legislation, and fruitful of dissatisfaction and
complaint with the administration of the Government.

A Report on the subject of Insolvency and Imprison-
ment for Debt, with a Bill for the relief of Insolvent
Debtors, and the more equal distribution of their effects,
prepared by an able and learned Commission instituted
under the authority of the Government, were laid before
the Legislature of the last political year. These docu-
ments were published and distributed among the Mem-
bers, and probably came within the observation of most
of those whom I now have the honor to address. Owing
to the short continuance of the session, no legislative ac-
tion was then had upon them. The original papers,
doubtless, remain on the files of the General Court, and I
beg to be indulged in calling them, and the interesting
subjects which they respect, to your present attention.
It must surely be cause for deep regret, that, while the
claims of a class of unfortunate and distressed Fellow
Citizens to our strongest sympathies, have so long and
justly been recognized, no measure of adequate relief has
been applied to their condition. The laws of an earlier
and harsher age, in unmitigated severity, still press upon
them, and Creditors, yet harder than the laws, hold them
in fear of perpetual bondage. The misfortunes of Men
are ofttimes as far beyond the ken of human foresight,
and without their control, as are the convulsions of na-
ture. The elements, disease, false trust in friends, pub-

32 GOVERNOR'S MESSAGE.

lie calamities, overwhelm with sudden ruin, and leave
from the wreck of substance no prospect, but hopeless
inability and the law's poor mercy for unperformed en-
gagements. Thousands there are lost to their families
and to the community, through peril of the infliction of
punishment for poverty, who, could they have been dis-
charged in the adverse times which befel them, starting
with new enterprise in these days of success and general
prosperity, would have been restored to the enjoyment of
competency and the usefulness of valuable Members of
Society. It is this liability to imprisonment for debt,
which drags the sinking man to the bottom, and holds
him, with a mill-stone's weight, from rising. Refine-
ment of Sentiment, Humanity, and Public Policy alike
demand, that this stern feature of an ancient code should
be relaxed. It reproaches the Jurisprudence of modern
times, casting the dark shadows of a barbarous age, when
the living flesh and blood were sold to servitude for the
dues of money, over the noonday influences of Christian
philanthropy.

Various matters, which are the usual and proper sub-
jects of annual communication, vvill be presented to you,
with the necessary minuteness of detail, in Reports from
appropriate Departments, and Agents of the Government,
mong these, it will not fail to be distinguished as
cause for peculiar gratification, that the condition of the
State Prison has at length reached a highly satisfactory
point of improvement. Honor to the wisdom, the moral
confidence and courage, the determined and persevering
purpose of successive Legislatures in a few years past,
that, by liberal appropriations from the Treasury to the
means of experiment in penitentiary regulation and dis-
cipline, a mere Prison House, for the physical restraint
* of the body, has been converted into a School of salutary
ns truction and reform to the minds of the most vicious

GOVERNOR'S MESSAGE. 33

and abandoned of our fellow men. The eye of christian
hope may now rest with assurance upon the influence
of this Institution, in the accomplishment of au object of
the truest benevolence. Although but little more than
two years have elapsed since the introduction of a new
system of employment and control into the Prison, the
beneficial effects are already distinctly visible, both with-
in and without the walls. The demeanor of the convicts
has been softened and corrected, and from the admonitions
afforded here, and the greater terror inspired abroad,
commitments have sensibly diminished. Within the last
year the number of prisoners was reduced from 290, at
its commencement, to 256 at its close. The Directors
express the opinion " that crimes of an atrocious character
are less frequent than was once the case; and that the
majority of the Convicts appear to be inferior in intelli-
gence and information to the average of any class of our
Citizens." A most instructive result is also produced by
the curious and critical investigations of the Chaplain,
into the characters and lives of these miserable men. Of
256 convicts, whom his inquiries respected, he ascertained
that 156 were led by intemperance to the commission of
the offences for which they suffer; that 182 of the first
mentioned number had lived in the habitual neglect and
violation of the Sabbath ; 82 were permitted to grow up
from infancy, without any regular employment ; 68 had
been truants to their parents while in their minority ;
61 could not write, and many were wholly unable to
read. The intimate connexion and association of igno-
rance with vice, of dissoluteness with outra2:es upon the
laws, are here distinctly traced, and furnish an impres-
sive lesson upon the importance of knowledge and tem-
perance to individual welfare and social order, which
should give a thrilling excitement to the advancement af

34 GOVERNOR'S MESSAGE.

these objects, in the heart of every virtuous and patriotic
citizen and magistrate.

The business operations of the Prison, during the year
past, have been conducted with success. The balance of
the annual account which, for several of the preceding
years, had been found to be large against the Institution,
in the exhibit of this year, is diminished to the inconsid-
erable sum of ^477 41 ; and against this, even, it should
be understood, there are numerous considerations of
credit, particularly mentioned in the Reports, which, if
they had been taken into the account, would materially
and most favorably have affected the result. In 1828,
the excess of expenditure was more than 1 2,000 dollars,
in 1829, it was between 7 and 8,000, and, in 1830, it
approached to 7,000. There can be but little doubt,
that, henceforth, the earnings of the Prison will meet
the ordinary expenses of its government and support,
and leave somethings, annually, for repairs and such addi-
tional accommodations as utility or convenience may re-
quire. The Reports, which will be submitted to you,
contain suggestions of the need of alterations in the
Hospital, and of a building for the residence of the War-
den. The latter seems to be necessary to a compliance,
by this officer, with the requisitions of duty, under the
existing law; and I recommend that authority should be
giren by the Legislature for the proposed improvements.
^^he progress towards the establishment of another
Institution of public benevolence, in a Hospital for the
Insane, under the authority of a Resolve of the Legisla-
ture of the 10th March, 1830, has been as great as the
peculiar character of the last season, and the magnitude
of the work, would permit. The exterior structure of a
spacious Edifice for the accommodation of a Superinten-
dant and of one hundred and twenty Lunatics, has been

GOVERNOR'S MESSAGE. 35

completed, and the finishing of the interior is in such
forwardness as will secure the preparation of the build-
ing for occupation, in the course of the next summer.
From the economy and good management which have
been observed by the Commissioners, in the contracts
for the work, it is confidently believed, that the expense
of erecting the Hospital, in the manner required by the
Resolve, will not exceed the appropriation. The plan of
the Commissioners, however, embraces a small addition-
al ran^e of strons; Lodges, somewhat detached from the
principal Building, for the restraint of those persons who
may be, either, so furiously mad, or so mischievously
disposed, as to endanger their safe keeping, or to disturb
the tranquillity of the quiet and convalescent patients ;
and for this most indispensable arrangement to the good
order and s-uccessful management of the Institution, as
well as for enclosing the grounds, necessary furniture for
the Building, and the support of the Establishment;
provision remains to be made by the Government. Es-
timates for these objects have been requested of the
Commissioners, for the purpose of being laid before you.
It will also devolve upon the Legislature, at the present
^ssion, to authorize the removal of such subjects of re-
lief, as are now confined in the Jails and Houses of Cor-
rection, in the different Counties, whenever the Hospital
shall be prepared for their reception ; and likewise to
determine, in what manner and on what terms, others of
the same class of unhappy Beings, differently situated,
may be admitted to the care and support of this public
charity. It was made, by the Resolve, the duty of the
Commissioners, to prepare and report to the Executive,
a system of discipline and government for the Institu-
tion ; but as this system requires the sanction of the

3& GOVERNOR'S MESSAGE.

Legislature for its adoption, the Report is transmitted by
me, for your consideration and disposal.

In connexion with this subject, I have to communicate
an Extract from the Will of the late Nathaniel Maccarty,
Esquire, of Worcester, which has been duly proved, be-
queathing, among other public benefactions, the sum of
Five Hundred Dollars, if the Government will accept
thereof, in trust, that it shall be expended m ornament-
ing, by the construction of walks, and in planting with
trees and shrubbery, the public Grounds, purchased and
appropriated for the use and accommodation of the Hos-
pital, " to the end," (in the language of the Testator,)
^' that the said grounds may be made, not only an object
of tasteful regard to the Citizens of the town and to
Visitors, but of refreshment and gratifying interest to the
convalescent Patients and Inmates of the Establish-
ment." An expression of your acceptance of this Leg-
acy, and your authority to the application of the money,
according to the intention of the Testator, are requisite
to give eifect to the bequest.

The interesting design of obtaining an accurate Map
of the State from actual surveys and admeasurements
upon Trigonometrical principles, is in a course of dil-
igent prosecution. That you may be fully apprized
of the character ot the work, and of the progress which
has been made towards its accomplishment, during the
past season, copies, both of the general and monthly Re-
ports, which have been required from the Surveyor, are
herewith submitted. The incipient steps of the process
are made exceedingly minute and difficult, by the neces-
sity of perfect mathematical certainty in these, to a cor-
rect ultimate result ; but the plan, when thus completed,
will be of inestimable value, and of abiding use. Full
confidence is entertained in the ability and fidelity of the

GOVERNOR'S MESSAGE. 37

Engineer engaged in the active service of making the
Surveys ; — yet to hasten the attainment of the object, it
may be found advisable to direct the employment of ad-
ditional assistants, another year.

By a recent communication from the learned Profes-
sor, whose attention has been directed to the Geological
Survey of the Commonwealth, I am apprized, that the
purpose of his Commission is nearly executed. The ne-
cessary examinations of Country have been mostly made,
and the First Part of an elaborate Scientific Report,
comprising " The Economical Geology of the State, or
an account of our Rocks, Soils, and Minerals, that may
be applied to useful purposes, and thus become sources
of pecuniary profit," accompanied with a Map, delineat-
ing by distinctive numbers and colourings, the various
minerals and rock formations which prevail, has been
transmitted to me. The plan of the Professor proposes,
that the Report should consist of Four Parts ; the second
part to exhibit the Topographical Geology, or an account
of the most interesting features of our scenery, — the third
part, the Scientific Geology, or an account of our Rocks
in their relation to Science, — and the fourth part to con-
tain Catalogues of the native Mineralogical, Botanical,
and Zoological Productions of the State. Under the
authority of a Resolve of the 2d of February last, and
with the advice of the Executive Council, arrangements
have been made to procure the immediate publication of
the first part of the Report, with lithographic colored
impressions of the Map, and the delivery of 600 copies
for the use of the Government. These, I trust, will be
obtained in season to meet your notice and order for dis-
tribution, during the session. The best Justification will
thus be furnished for engaging in these investigations,
and the highest evidence offered of the practical value

38 GOVERNOR'S MESSAGE.

of those discoveries and noble contributions to Science,
which this immense mass of curious and interesting in-
formation will present.

The direction of the Legislature, in a Resolve of the
15th of March last, to cause a concise Manual upon the
growth and treatment of the Mulberry Tree, and the
culture of Silk, to be compiled and published, and to be
distributed, in suitable numbers, to the City of Boston,
and the Towns in the Commonwealth, has been com-
plied with, by procuring the compilation of a plain, prac-
tical trearise, containing useful information and instruc-
tion, the result of observation and experience, on these
subjects, and by obtaining its publication, with illustrative
plates, and the delivery of 1800 Copies to the Govern-
ment, which have been put in a course of distribution,
agreeably to the Resolve. This whole Commission has
been executed somewhat within the appropriation.

Commissioners were duly appointed, pursuant to a Re-
solve of the 16th of June last, to revise the Laws respect-
ing the form of Bank Bills and the use of Stereotype
Plates, and to devise measures of more effectual protec-
tion against Forgery and Counterfeiting. The high char-
acter of the Gentlemen constituting the Commission, and
their practical acquaintance with, and experience in the
matters committed to them, bespeak your confidence in
their opinions, and in the measures of precaution and se-
curity which they may recommend. There is reason to
believe, that the currency of the Country has recently
been much vitiated by the successful circulation of false
Bills, while the danger to the Community, from this
cause, is supposed to be greatly increased by the exist-
ing law, in requiring uniform Plates for impressions of
Bank paper. There is an alarming need of protection,
also, against the unauthorized use of these Plates, which,

GOVERNOR'S MESSAGE. 39

at some future day, circumstances might render at least
quite possible. The subject is one of very great and
general concern, and seems to deserve immediate atten-
tion.

Other Commissions, in relation to repairs upon the
State House, and the construction of a Fire-proof Edifice,
for the security and preservation of the public Records,
with the general direction of which the Executive was
charged, have been fulfilled in the entire completion of
these improvements. The personal skill and constant
attention of the Superintendant who was appointed to
the immediate oversight of the work, greatly contributed
to its expeditious, thorough, and economical performance.
No provision having been made for his compensation in
the Resolve authorizing the appointment, I deem it an
act of justice to submit to you a Report, made and ac-
cepted in the Executive Council, as evidence of his
claims to a pecuniary consideration for valuable services.
The accounts of Expenditures upon these objects, as set-
tled with the Executive, show, that the Repairs upon the
State House cost little more than one half the estimated
amount, and that the expense of the Fire-proof Building
was brought within the sum of the appropriation for that
purpose.

The transfer of the Records and public papers to the
apartments prepared for their future safe keeping, awaits
the order of the Legislature, and in view to this, I beg
leave to suggest to your consideration, the expediency of
causing every Document worthy of preservation, to be
entered in a descriptive list, previous to removal, and of
directing their arrangement in such chronological or other
order, in their new position, as may give immediate and
easy reference to them, whenever there is need.

It is with much satisfaction that I am enabled to offer

40, GOVERNOR'S MESSAGE.

renewed assurances of the value and productiveness of
the Commonwealth's interest in the public Lands in the
State of Maine. Under the prudent and judicious man-
agement of the Land Agent, the sales, from the first day
of February last to the sixth day of December last, the
date of his Report to me, amounted to ^^35,499 60. In
the mean time, the timber has been well protected from
depredation, while the demand for it, and for the pur-
chase of the lands, is constantly increasing. With the
sales of the past year, the authority to the Agent to dis-
pose of lands South of the Monument Line, was exhaust-
ed. The opportunity which he represents, for selling,
advantageously, several more Townships in the same
neighborhood, recommends an extension of his authority
for that purpose.

Having been advised, in the month of October last, by
a communication from the Governor of Maine, of the ap-
pointment of the Land Agent of that State, as a Com-
missioner, to meet a Commissioner on the part of this
Commonwealth, for the purpose of agreeing upon a sys-
tem for the sale, disposition, and management of the
public Lands owned by the two Governments, the Land
Agent here, as best acquainted with the subject, and
most conversant with the character and situation of the
property and the interest of the Commonwealth in its
management, was immediately deputed to that trust.
Owing to unforeseen circumstances, the meeting of the
Commissioners has not yet taken place. Their Report,
when made, is required to be transmitted by them direct-
ly to the Legislature.

Unhappily, the controversy with a Foreign Govern-
ment, respecting the North Eastern Boundary of the
United States, which so deeply affects the States partic-
ularly interested in these Lands, remains unsettled. It

GOVERNOR'S MESSAGE. 41

may be, that this subject has hitherto been regarded with
too little concern by us. None may be of more impor-
tant consequences. It involves, with the rights of pro-
perty, considerations of high political character and mo-
ment. If there is an attribute of State Sovereignty
which is unqualified and undeniable, it is in the right of
Jurisdiction to the utmost limits of State Territory ; and
if a single obligation, under the Constitution, rests upon
the Confederacy, it is to guarantee the integrity of this
territory to the quiet and undisturbed enjoyment of the
States. The reference of the boundary question to the
King of the Netherlands has been wholly ineffectual to
its just decision. He has palpably departed from the
plain terms of the submission, and substituted a propo-
sition to a compromise of difficulties, for an award upon
the matter directly in issue between the parties. As an
Arbiter, his office strictly was, to apply a descriptive line
of boundary to corresponding appearances on the face of
nature. Rejecting these, he has attempted to establish
a new course of division, denoted by Monuments totally
dissimilar, and through a tract of Country distant, and
widely different. By no rule of Municipal or Interna-
tional law , can such a decision be made of binding obli-
gation. There is no occasion to inquire into the extra-
ordinary influences which may be supposed to have pro-
duced it. A preference, by any portion of the Subjects
of his Rlajesty's Province, to a popular Government,
would have been as valid a reason for transferring Nova
Scotia to the United States, as the convenience of the
British Government, of a Road through the State of
Maine to Canada, for assigning the Lands between the
Waters of the St. John's and the Highlands, intended
by the Treaty of 1783, to the British Province. Confi-
dently believing that the award, as an adjudication^ is
6

42 GOVERNOR'S MESSAGE.

altogether void, I can see no Constitutional power in the
Nation, to require an acquiescence in it, on the part of
the States which would be prejudiced by its adoption.
This must be left to their own volition. Massachusetts,
it is true, can suffer directly only in the loss of property ;
but her sympathies are not the less due to the State
of Maine, in the greater stake of physical and political
strength which is there at hazard. Were it not for the
Act of Separation, her condition had been our own. The
consent of the Parent State to the erection of Territory
to which she claimed an absolute title, of which, from
time immemorial, she had been in the actual and exclu-
sive possession, and over which she exercised undisputed
jurisdiction, into an Independent Government, was, at
least, an implied warranty against its subsequent liability
to foreign dismemberment.

As was anticipated, in a communication made by me
to the last Legislature, it has resulted, that the further
allowance of the Claims of the State upon the General
Government is suspended, upon the extraordinary con-
struction given by the late Secretary of War to the Act
of Congress providing for its settlement, that his author-
ity was limited to finding a sum of debt equal to the
amount of the appropriation for payment, and that be-
yond this he could not proceed, however equally well
the principles of allowance, and the proofs of service,
might apply to the remainder of the accoimts. Against
this opinion, at the time, the Agent of the State ably
reasoned, and earnestly protested. The arguments and
the issue are before the public, in the Documents which
have been published. To an application made by the
Agent to the present Secretary of War, to revise this
decision, and to allow the examination of the Claims to
be resumed, that Officer has replied, that " finding his

GOVERNOR'S MESSAGE. 43

immediate Predecessor proceeded as far in the adjust-
ment of the Claims, as he conceived himself authorized
under the Act of Congress passed for their settlement,
and finally decided, that this Department could afford no
further relief in the case, it could not become him to re-
open a matter which has been thus disposed of; and that
this can only be done by an Act of Congress." The
business now rests in the special charge of the Agent,
under instructions, upon consultation with the Delega-
tion, to move such Order in Congress, on the subject, at
the proper opportunity, as their united advice may re-
commend. T need not repeat, here, the reasons for be-
lieving that an appeal, thus made, cannot fail to be suc-
cessful. The views which ! entertain in relation to the
character of the Claim, have been unequivocally and
often expressed. To an entire conviction of the obliga-
tion of the nation to its payment, and a dissent to the
applicability of objections, which for a long time were
interposed to any provision, even for its examination,
there is now added a perfect confidence, that the princi-
ples which have been adopted in the allowance of one
portion of the accounts, will equally sustain the greater
part of the residue ; and that the Government, being ap-
prised of this, will not permit that measure of justice to
be injuriously withheld, which it recognizes as due to the
rights of the State.

The Resolutions of the Legislature of the Common-
wealth, passed on the 8th of March last, requesting the
Senators and Representatives of the State in the Con-
gress of the United States, to use their exertions to pro-
cure the passage of a law for the more perfect organiza-
tion of the Militia of the several States, were duly trans-
mitted to them, and also to the Governors of the other
States, to be laid before their respective Legislatures,

44 GOVERNOR'S MESSAGE.

for their consideration. This Communication was met
in many of these States, by similar Resolves and in-
structions to their Representatives. The complaints
which are loud vud universal against a system of unne-
cessary and burdensome exactions of personal service,
have thus, at length, received a direction in which the
remedy that is sought, can be made effectual and satisfac-
tory. The power to provide for organizing, arming and
disciplining the Militia, is expressly vested by the Consti-
tution of the United States, in the General Government,
the States having reserved to themselves the right of ap-
pointing the Officers and training the Militia, according
to the discipline prescribed by Congress. Under this
delegated authority exercised now almost forty years
since, in the very infancy of the Republic, hardly then
confirmed in the maintenance of National Independence,
and just rescued from the dangers of anarchy under the
old Confederation, with unsettled foreign relations, a
sparse population, weak settlements, and a wide frontier
constantly exposed to attacks from numerous and formi-
dable Indian Tribes of hostile intentions or suspected
fidelity, Congress passed the act, which has strangely
been permitted, through all the changes and circumstan-
ces of the Country to its present condition of strength,
security and prosperity, to direct the enrolments for duty
in the Militia. It must be obvious indeed, that require-
ments adapted to that early period, are wholly unsuited
to the occasions of the present time. With the increase
of population, the Militia force has proportionately aug-
mented, while the dangers against which this force is
provided have been diminished in a ratio with that of its
growth. The security to Republican Government, from
a ivell regulated and efficient Militia, will not be ques-
tioned. It has been authoritatively and somewhat en-

GOVERNOR'S MESSAGE. 46

thusiastically pronounced, " a perpetual guard against
internal commotion, and an invincible power to shield
the Country against its external enemies." The history
of every year furnishes illustration of the protection to
good Government which it affords. But the enrolment
and training of so many of the Citizens have long been
regarded as wholly unnecessary to any emergency, which
they may be called to meet. The liability to service
from 18 to 45 years of age, which the law of 1792 now
in force, imposes, has given rise to numerous exemptions
and evasions, scarcely less in the aggregate, than the
Muster Rolls of the Train Bands themselves. Hence
the dissatisfaction and murmurings against the system,
as unequal, oppressive, and unjust. By reducing the pe-
riod of liability to duty, and rendering that duty instruc-
tive in the military art, furnishing arms and equipments
for its performance, and offering encouragement to those
of whom it is required, and allowing no arbitrary and
invidious exemptions from its burdens, the Institution
will be restored to public favor, and the service of the
Soldier be esteemed as honorable, as his preparation to
render it, is indispensable to the common welfare. The
attention, which has been drawn to the subject in Con-
gress, already thus early in the Session, promises this
effect, in a revision and amendment of the whole system
of Militia organization and discipline. It cannot reason-
ably be doubted, that a measure which so directly affects
the personal obligations of the Citizen, the domestic
regulations of the States, and the physical force of the
Union, after the appeals which have been made in uni-
form expressions of public sentiment and the more for-
mal resolves of Legislative Bodies, will now receive a
definite and governing determination. Without an al-
teration of the law of Congress respecting enrolments.

46 GOVERNOR'S MESSAGE.

all subordinate State Legislation must be unavailing to
remove the complaints vshich exist.

The condition of the fiscal concerns of the Common-
wealth will be learnt from the annual statement of the
Treasurer. It must be seen with equal disappointment
and regret, that the Expenditures continue to exceed the
Receipts from the ordinary sources of revenue. Discard-
ing from the accounts, in the manner in which they are
made up, the credit for the money obtained from the
General Government on account of the Claim for Militia
services, which was subsequently invested in Securities
now held by the Commonwealth, and also disregarding
the negotiations with the Banks, so far as the loans and
payments are balanced by each other, it appears that the
disbursements, within the year, have been ^81,481 68,
while the receipts have amounted only to 325,059 23,
thus showing a deficit of income, in the sum of 56,422 45.
Of this large aggregate of expenditure, one hunched and
one thousand, ttvo hundred and seventy-one dollars were
required for the payment of the travel and attendance of
the Members of the General Court. There will also be
observed, among the items of charge, an amount exceed-
ing thirty-nine thousand dollars, for balances of County
Treasurers' accounts against the Commonwealth. These
occasions of heavy drafts upon the Treasury must in fu-
ture be sensibly diminished by the alteration of the Con-
stitution, which dispenses with a second session of the
Legislature in the same year, and by the operation of
the Statute for enlarging the Criminal Jurisdiction of the
Court of Common Pkas, by which, if it is permitted to
take effect, great expense for the support of Prisoners in
the County Jails, previous to trial, will be prevented.
How far still greater reductions may hereafter be allow-
ed by other Amendments of the Constitution, or by fur-

GOVERNOR'S MESSAGE. 47

tlier alterations in our system of Jurisprudence, depends
upon the issue of measures yet to be adopted.

I beg to be understood as continuing of the opinion,
which was fully explained in an address to a former
Legislature, that the powers of the Court of Common
Pleas might be usefully extended, even beyond the pro-
visions of the late Statute. By a more equal division of
the amount of business, both civil and criminal, between
this Tribunal and the Supreme Judicial Court, much
benefit would result to the Community from a more
prompt and equally certain decision of cases, and no in-
considerable saving be made to the Treasury in the inci-
dental expenses of the administration of Justice. The
Docket of the latter Court is becoming oppressively
overburdened, while that of the former, alread}^ compar-
atively small, is daily decreasing.

The excessive charges upon the Government point to
the need of more strict economy. There is no subject,
perhaps, upon which there is greater misapprehension^
than in relation to the causes of this large expense.
The work of retrenchment and reform must begin with
Systems. The character of economy should be written
upon the Laws themselves. It is not in the cost of the
Civil List and the necessary support of Government,
that the accounts of the Treasury are thus swollen.
While whatever is unnecessary in these should be lopped
off, and whatever is improper should be corrected, yet it
has often heretofore been satisfactorily found, that there
was comparatively little, here, to be effected. The Sal-
aries of all the officers, with the incidental charges for
the support of Government, are, in the exhibit of the
last year, less than one fifth part of the aggregate of the
payments from the Treasury. Next to the cost of legis-
lation itself, it is by direct grants and special appropria-

48 GOVERNOR.S MESSAGE.

tions, and unforeseen and unprovided for contingences,
that the Revenue is mainly absorbed. By all these it is,
that the reproach of profusion and extravagance, in the
administratio7i of the State, has come to be unjustly
uttered. Has it been considered, that whatever is a
charge upon the Treasury is made so, under the sanction
of the Laws ? And is it of no avail, to what purposes
these expenditures have been directed ? A recurrence
to the Treasury accounts for the last six years would
show, that important Commissions have been executed,
in settling heavy claims upon the Government, in ascer-
tainino- and fixing the Boundaries of the Commonwealth
upon the lines of Connecticut and New Hampshire, in
dividing with Maine the Public Lands, and bringing
these Lands into the Market by constructing Roads, and
in managing and disposing of them, at the charge of an
agency ; — that high objects of general improvement and
of public good have been accomplished, by expensive
and necessary repairs, alterations and additions to this
very Capitol ; by the construction of a costly Peniten-
tiary ; by extensive surveys for facilitating the means of
intercommunication, and thereby developing the resour-
ces, and promoting the growth and prosperity of the
Country, and by other surveys for scientific ends, in dis-
covering the Geology, and defining more accurately the
Geography of the State ; by the noble charity of an
Institution for the succor of the miserable Lunatic, here-
tofore the destined and neglected Tenant of the Dun-
geon ; by the annual bestowment of a bounty, no less
interesting, for the support and Education of the desti-
tute Deaf and Dumb; by the liberal encouragement
afforded to Agricultural Societies; and finally, by ful-
filling the injunctions of the Constitution, upon " Legis-
latures and Magistrates, in all periods of the Common-

GOVERNOR'S MESSAGE. 49^

wealch, to promote by rewards and immunities, Ag-
riculture, Arts, Sciences, Trades, Manufactures, and a
Natural History of the Country." Such appropriations
have little to do with the mere support of Government,
with which, in an undistinguished mass, they have^
sometimes, disingenuously been identified. They are,
with better propriety, regarded as the fitting contribu-
tions of a prosperous age to the cause and progress of
human improvement. If they have served to swell the
burdens of the present day, it cannot be to a tithe of the
obligation for the institutions and privileges which were
transmitted to us by our Fathers, or of the added value
which they will give to the inheritance, which is the
right, and will be the enjoyment of our Children.

I have thus attempted faithfully to present the objects
of prominent concern in the administration of the affairs
of the Commonwealth. If, among numerous subjects to
which I have felt constrained to advert, there are those
which may generally be regarded with little interest, the
notice of them, in this place, will be pardoned, in the
consideration, that there is no Department, through
which, measures, within the scope of Executive action,
and proper for the information of the Legislature, can
otherwise be communicated. However uninviting such
topics appear, they nevertheless become important from
their relation to the necessary business of the Govern-
ment, and the incumbent duties of its responsible and
accountable oflficers.

It remains only to the duty of this occasion, that I lay
before you Resolutions of the Legislatures of the States
of Maine, New Hampshire, and Connecticut, respective-
ly, which have been transmitted to me, with requests to
that purpose, during the vacation. The Resolutions of
Maine relate to the Tariff and Internal Improvements?

50 GOVERNOR'S MESSAGE.

and express a denial of the constitutional power of Con-
gress to execute a system of Internal Improvements, and
a disapprobation of raising a revenue by taxes and im-
posts beyond the ordinary and necessary expenses of the
Government. Those of New Hampshire contain instruc-
tions to the Delegates in Congress from that State, to
use their exertions to procure the passage of a law for
the more perfect organization of the Militia of the sev-
eral States. And those of Connecticut are in affirmance
of the Supremacy of the Constitution of the United
States, and the Laws and Treaties made in pursuance
thereof, over State authority, and maintain the Indepen-
dence of the Judicial Department of the General Gov-
ernment, and the importance of preserving its influence,
to the permanent interests of the Country.

In such communications, aside from the subjects to
which they refer, there is an apt and striking illustration
of the peculiar character of the Government under which
we live. They are in themselves a practical recognition
of the federative principle by which the States are unit-
ed. They imply the mutual connexion of these States
with each other, and their common relation to one con-
stituted head. There is in them, neither the manifesta-
tion of the existence of a separate power, nor the dictate
of a joint command, to control the operations of the con-
federated Government. In their original adoption, they
severally purport to be the opinions of a single State,
proposed to the consideration of other States, to induce
to their co-operation, and the united influence of all, upon
the concentrated Councils of the Nation. Thus regard-
ed, they are indeed a beautiful exhibition of that harmo-
ny of design in which the Union was established. How
much more consonant with the genius of our political
Institutions, are these expressions of sentiment, address-

GOVERNOR'S MESSAGE. 51

ed to the reason, and wisdom, and patriotism of the peo-
ple, than the loud notes of denunciation and defiance
which have elsewhere been sounded, to overawe and
control the Constitutional functions of an independent
Department of the Government ! The recent measures
which have been proposed in some of our sister States,
can be viewed only with alarm for the very existence of
the Republic. Whatever may be the purity of motive,
or the integrity of principle, in which they are conceiv-
ed, their inevitable tendency is to division and separa-
tion. The extraordinary doctrine, that it is within the
reserved rights of the States to decide, each for itself,
the obligation of submission to the Laws of the Union,
goes directly to the subversion of that Union. If obedi-
ence is put at the pleasure of those froui whom it is re-
quired, local interests and political excitements will not
fail to find occasions on which it will be refused. The
laws which are intended for the government of the whole
people, will be made to bear vvith unequal operation up-
on a part. The Citizens of one Section of the Country,
absolved from their allegiance by State authority, will be
arrayed against those of another Section, who are still
held to its responsibilities. In the controversy which will
ensue, either an enforcement of the power of the General
Government must become usurpation and tyranny, or re-
sistance to it will be rebellion and treason. It were well
that this matter was more thoroughly and generally con-
sidered. It should be brought home to the understanding
and personal judgment of every Citizen. If, under tlie
Constitution, there is no common umpire between the Go-
vernment and the People, between the reserved rights of
the States, and the delegated authority of the Nation,
then has the Union no strength, Lib-rty no safeguard,'
National Independence no security or permanency. The

62 GOVERNOR'S MESSAGE.

majority of each State Legislature holds at its will the
pontinuance of the compact of Confederation, and policy
alone vvill determine both the measure and duration of
its obligations. Happily, the Framers of the Constitu-
tion foresaw, and wisely provided against this danger.
They placed the Edifice of political Freedom upon a
more stable foundation than an ever fluctuating popular
opinion. On the broad principles of mutual interest,
and common protection, they reared the Structure of the
Federal Union. They established fundamental rules for
the administration of the Government, and created an
Independent Tribunal, in the Judicial Department, to
watch over and enforce their observance. While the
Constitution remains unimpaired, and the Institutions
which it has appointed are maintained in their purity and
vigor, this Nation will continue to advance in strength
and glory ; — the States will be protected in the relations
which a just and voluntary compromise established ; —
and the People, free, prosperous and happy, will enjoy
that pre-eminence in rights, privileges and condition,
which has made their Country a land of Liberty ; — a
refuge and resting place for the persecuted and oppress-
ed of the whole earth.

LEVI LINCOLN.
Council Chamber,

Boston, January 9th, 1832.

MESSAGE. 53

CHAP. I

To the Honorable Senate,

and House of Representatives.

I herewith transmit a Communication from His Ex-
cellency the Governor of Maine, covering a Resolve
of the Legislature of that State, and also a Report of
Commissioners appointed pursuant thereto, in relation
to the location and construction of what is called the
Canada Road, which lies partly through the public
lands owned by the two Governments. The purpose
of the Communication is to obtain the sanction of this
Commonwealth to the measures which have been adopt-
ed in Maine, in establishing the route west of Bald
Mountain, and to request an extension of the time here-
tofore allowed by a Resolve of this Government for the
completion of the road, as the condition of aid thereto
in the grant of a township of land. The alteration
made in the route avoids a formidable obstacle both to
the construction and future use of the road, and the
delay which has been occasioned in the completion of
the work, seems to have been equally against the inten-
tion and without the control of the Government of
Maine. A compliance with the present request is re-
commended by considerations of mutual advantage, as
well as of comity towards that State.

LEVI LINCOLN.

Council Chamber, January 13, 1832.

STATE PAUPERS.

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GO
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eo o *> 0)

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0

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When discharged,
or time of deatli,
or remain chavye-
Hble,

£ a;

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STATE PAUPERS. 55

We, the subscribers, Overseers of the Poor for the
town hereby certify, that the persons

named in the above account, never gained a settlement
in any city, town or district within this Commonwealth,
by deriving the same from his or her parents or grand-
parents, nor by any provision of an act passed Feb-
ruary eleventh, in the year of our Lord one thousand
seven hundred and ninety four, specifying what shall
constitute a legal settlement. And also that

no kindred within this Commonwealth, by
law obliged to support and that

no legal settlement in any place in the Commonwealth,
according to the existing laws for determining ques-
tions of habitancy. We further certify, that the whole
amount charged in the foregoing account has been ex-
pended for the support of the person borne on said
list for the time therein specified, and that no part of
said account is for the support of any person over
the age of twelve years, while of competent health to
labor.

The said overseers further certify, that we have made
the foregoing statements upon the best evidence we
could obtain.

C Overseers of Poor
^ for the town
(of

Dated at this day of A. D. 183

[Approved by the Governor, January 14, 1832.]

56 GARDINER DORRANCE.

CHAP. IIL

Resolve on the Petition of Samuel Tilton.

January 18, 1832.

Resolved, That Diadama Tilton, the daughter of Sa-
muel Tilton of Chilmark, in the county of Duke's, be
placed upon the list of pupils supported by this Com-
monwealth at the American Asylum for the education
of the deaf and dumb, at Hartford, agreeably to the pro-
Visions of the resolves heretofore passed in relation to
State beneficiaries.

CHAP. IV.

Resolve providing for the pay of Gardiner Dorrance, a
member of the last General Court.

January 18, 1832.

Resolved, That the sum of forty dollars be allowed
and paid out of the treasury of the Commonwealth to
Gardiner Dorrance, a Representative from Sunderland,
at the last General Court, for ten days attendance and
travel, the same having been accidentally omitted in
making up the Pay Roll. And His Excellency the Go-
vernor is hereby authorized to draw his warrant accor-
dingly.

MESSAGE. 51

CHAP. V.

To the Honorable Senate and

House of Representatives ;

In a recent communication from the Principal of the
American Asylum for the Deaf and Dumb in relation to
the Beneficiaries of the State at that institution, he re-
commends, that the early period at which the pupils
may be received into the seminary should be reduced
from the age oi' fourteen years, as now fixed by the reg-
ulation of our Statute, to the age of twelve. The rea-
sons for this alteration are fully explained in an extract
from the Letter which is herewith transmitted, and are
enforced by the concurring opinions of the Faculty of
Instruction. Since the adoption of the general law au-
thorizing the Governor to grant Certificates of admis-
sion to suitable subjects of the age o^ fourteen years, nu-
merous special Resolves have entitled those of a more
tender age to a participation in the bounty, and the op-
portunity of experience has thus been afforded in favor
of the propriety and expediency of the proposed modifi-
cation.

So effectual has been the provision of the public cha-
rity to the means of educating the whole class of Deaf
and Dumb within the Commonwealth, that, for several
years past, no proper applicant has been denied the ad-
vantages of support and instruction at the Asylum, and,
after meeting every such occasion the last year, a sum,
exceeding one thousand dollars, remained of the appro-
priation, to be transferred, under the authority of a Re-
solve of the Legislature, to another most interesting ob-
ject of sympathy and beneficence in the relief of the

68 CHAPPEQUIDDIC INDIANS.

blind. The whole number of pupils in the Asylum,
at the charge of the State, is but 36, while the appropri-
ation of the government is equal to the support of 56.
As the classes now in the of course education shall leave
the institution, the numbers will be gradually diminished,
until there will only be the annual supply from births
and the consequences of disease to be provided for.
These have been estimated upon our present population
not to exceed Jijte en. Should the Government still con-
tinue this act of enlightened munificence, increased and
very necessary encouragement may be afforded to the
measures which are already in operation for the estab-
lishment of an Infirmary for the Blind : until it shall
thus come to be the singular honor and happiness of
this favored Commonwealth, that there is no destitution
among us but the want of intellect, which the means of
knowledge are not made to reach and to alleviate.

LEVI LINCOLN.
Council Chamber, January 24, 1832.

CHAP. VI.

Resolve for payment of Commissioners for dividing the di-
visional line between Patentees and Purchasers, and
Indians on Chappequiddic.

January 24, 1832.

Resolved, That there be paid out of the Treasury of
this Commonwealth to Timothy Daggett, Peter Pease,
and John Thaxter, the sum of ninety six dollars, and
seventy five cents, in full for their services and expen-

CHAPPEQUIDDIC INDIANS. 59

ses, as Commissioners, under a resolve of the Legisla-
ture of the fifteenth of June last, to make a division in
the Divisional line between the Patentees and Purcha-
sers, and the Indians, on the Island of Chappequiddic.

Resolved, that His Excellency the Governor, by and
with the advice and consent of the Council, be, and he
hereby is authorized to draw his warrant on the treasu-
rer for the above mentioned sum.

PAY ROLL.

CHAP. vn.

Pay Roll of the Valuation Committee, for attendance^ ^c.
from Nov. 23, 1831, to Jan. 3, 1832.

NAMES.

Miles travel.

Days attend-
ance.

Ain't of travel
and attendance.

Charles Wells, ....

126

Joseph H. Dorr, .

((

126

Richard D. Harris,

126

Henry J. Oliver,

((

126

Stephen C. Phillips, .

Robert Rantoul, .

125

Thomas M. Clark,

120

Elias Davison,

133

Jesse Kimball, .

132

David Tow^nsend,

128

Joseph Barrett, .

121

Abel Jewett,

135

David Wilder,

134

Charles Russell, .

127

Isaiah Putnam, .

106

Benjamin Davenport, .

113

Sylvanus Holbrook, ,

128

Noah Wells,

125

151

Jonathan Hartwell,

133

Eliphalet Williams,

100

128

Aaron Gould,

142

Enos Foote,

110

148

George Bliss,

100

128

Russell Brown, .

140

151

Nathan Willis, .

140

154

Melancton Lewis,

150

156

Samuel P. Loud,

121

Lemuel Humphrey,

129

Warren Lovering,

104

Solomon Lincoln, Jr.

121

Hercules Cushman,

116

Allen Danforth, .

120

Nathan C. Brownell,

122

Thomas A. Greene,

138

Elijah Howard, Jr.

118

Seth Whitmarsh,

111

John Doane,

144

Charles Marston,

137

Leavitt Thaxter,

100

146

Hezekiah Barnard,

135

Daniel Richardson,

J02

$5209

VALUATION COMMITTEE. 61

Resolve for the pay of the Valuation Committee.

January 26, 1832.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to the several persons
members of the Valuation Committee named in the ac-
companying roll, the several sums therein annexed to
their respective names, in full compensation for their
travel and attendance as members of said committee,
and His Excellency the Governor is hereby requested to
draw his warrant accordingly.

CHAP. VIII.

Resolve for the pay of the Clerk of the Valuation Com-
mittee.

January 26, 1832.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Charles Calhoun,
two hundred and forty-five dollars, in full for his servi-
ces as Clerk of the Valuation Committee, and His Ex-
cellency the Governor is hereby requested to draw his
warrant accordingly.

62 MESSAGE.

CHAP. IX.

Resolve on the petition of Daniel Fellows, Jr,

January 28, 1832.

Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to Daniel Fellows Jr.,
the sum of two dollars per w^eek for support of one Pol-
ly Madison, an Indian of the Chappequiddic tribe, for
the term of one year and three months, should she live
so long, said term to commence on the 15th day of Octo-
ber, 1831, and His Excellency the Governor, with the
advice of the Council, is hereby authorized and request-
ed to draw his warrant accordingly.

CHAP. X.

To the Honorable Senate and

House of Representatives :

The Documents which I have the honor herewith to
transmit convey the sentiments of the Legislature of the
State of Maine on the highly important subject of the
North Eastern Boundary, expressed in Resolutions as-
serting the right of the State against the British preten-
sions, disapproving and rejecting the recommendation of
the king of the Netherlands to the establishment of the
line proposed in his award, appealing to the General
Government to protect Massachusetts and Maine in the

MESSAGE. 63

property in the lands, and the latter in the sovereignty
and jurisdiction over the territory which vv^ill be affected
by the decision, and asking the countenance and coope-
ration of Massachusetts in rneasures for the security of a
common interest, the defence of a sister State from dis-
memberment, and the vindication of the country from an
acquiescence in an act of essential public injury and na-
tional injustice.

The papers were presented to me by Gorham Parks,
Esq. of Bangor, with an official testimonial of his ap-
pointment as a special agent of the Government of
Maine, to proceed hither and deliver them to the Execu-
tive of Massachusetts, with a request that the same
might be laid before the Legislature of this Common-
wealth. In this ready compliance on my part, I cannot
but feel it a duty to recommend the subject as worthy
of the most earnest, considerate and faithful attention.
The agent was also charged to deliver Copies of the
Resolutions to each member of the Government, and
now waits the opportunity of fulfilling his commission,
and offering any explanations which may be desired, to
the Legislature, through a committee or otherwise, as it
may be your pleasure to permit.

LEVI LINCOLN.
Council Chamber,

January SO, 1832.

64 MESSAGE.

CHAP. XI.

To the Honorable Senate and

House of Representatives :

I herewith transmit for your notice and consideration a
communication addressed to me by His Excellency the
Governor of Rhode Island, covering Resolutions of the
General Assembly of that State, directing the institution
of process in the Supreme Court of the United States,
for the purpose of recovering against this Commonwealth
jurisdiction and possession of a very considerable and
valuable tract of territory upon our southern border. The
line of original division between what now constitutes
the two Governments seems to have been clearly defined
in the charter granted by Charles the First in 1628, to
the Colony of Massachusetts, and afterwards by the
Charter of Charles 2d, in 1663, to Rhode Island, bound-
ing the north line of the latter by the south line of the
former. In the years 1718 and 19, this boundary was
actually run out, and monuments erected by commission-
ers mutually appointed on the part of the respective Go-
vernments of the then province of Massachusetts Bay,
and the Colony of Rhode Island, and Providence Planta-
tions, with the professed intention o^ finallij settling and
terminating a preexisting controversy, which had arisen
on this subject, and their report, then made and agreed
to, has, from that time to the present, now more than a
century, been practically recoonized and acquiesced in,
as the established division of territory and jurisdiction
between the States. The measures of defence Avhich
it may be necessary to adopt against the unexpected and
extraordinary procedure of which we are now adnion-

MESSAGE. 65

ished, in an attempt to divest Massachusetts of her well
established and long admitted right and possession, so
greatly affects also the situation of a vast amount of the
property of our citizens, and a large population, it be-
comes me respectfully to refer to your determination.

LEVI LINCOLN.
Council Chamber, January 30, 1832.

CHAP. XII.

To the Ho7iorable Senate and

House of Representatives :

I have much satisfaction in now being enabled to lay
before the Legislature a supplemental Report by the
Civil Engineer in the employ of the Government, show-
ing, in a connected and comprehensive relation, the whole
of his operations in the work with which he is charged,
to the close of the season. This, with the Reports trans-
mitted at the commencement of the session, completes
the view which at this time can be presented of the
character of the service, and the progress which has
been made towards the ultimate accomplishment in ob-
taining a map of the Commonwealth.

Col. Stevens, the Engineer, has reported himself here
for instructions, and during a necessary detention of a
few days in the settlement of his accounts, will readily
afford any information on the subject of the Survey, to
a Committee of the Legislature, which may be requi-
red. A small unexpended balance will remain from the
appropriation of the last year ; but still further provision
will be necessary to carry the work through another sea-

66 DEAF AND DUMB.

son, and also, in the mean time, to complete the Geo-
logical Survey of the State, which being a less consider-
able labor is already much more advanced. An estimate
accompanies this Communication.

LEVI LINCOLN.

Council Chamber, January 31, 1832.

CHAP. XIII.

Resolve respecting Deaf and Dumb Persons.

February 4, 1832.

Resolved, That all deaf and dumb persons between
the ages of twelve and twenty five years, who possess
the qualifications, and shall conform to the requisitions,
specified in the resolves respecting deaf and dumb per-
sons, passed the eighteenth day of February, in the year
of our Lord one thousand eight hundred and twenty five,
shall be, and hereby are entitled to the benefit of all the
provisions and appropriations heretofore passed and now
in force, for the relief and education of the deaf and dumb
within the Commonwealth.

NATHANIEL MACCARTY. 67

CHAP. XIV.

Resolves in relation to the bequest of the late Nathaniel
Maccarty, Esquire, to this Commonwealth,

February 7, 1832.

Whereas Nathaniel Maccarty, late of Worcester, in
the county of Worcester, Esquire, deceased, by a codicil
to his last will and testament, gave and bequeathed the
sum of five hundred dollars to this Commonwealth, if the
government thereof would accept the same, in trust, that
the same shall be faithfully appropriated and expended,
under the direction of the Governor for the time being,
in ornamenting, by the construction of walks, and in
planting with trees and shrubbery the public grounds in
Worcester purchased and appropriated for the use and
accommodation of a Lunatic Hospital : therefore

Resolved, That this Commonwealth will accept the
said sum on the trust aforesaid, and the treasurer and
receiver general is hereby authorized to receive the
amount of said legacy, and to give a sufficient legal dis-
charge therefor.

Resolved, That His Excellency the Governor be re-
quested to cause the money, when so received, to be
faithfully appropriated according to the directions in the
codicil aforesaid, and that by and with advice of the
Council he draw his warrant on the treasurer for the
amount so to be expended.

68 CLERKS.

CHAP. XV.

Resolve directing the Treasurer to make Report on ac-
counts audited by him on the fourth Thursday of Feb-
ruary in each year.

February 8, 1832.

Resolved, That the Treasurer of the Commonwealth
be authorized and directed to make his report of ac-
counts audited by him, on the fourth Thursday of Febru-
ary of each year, instead of the fourth Wednesday of the
session, as is now required by a Resolve passed on the
eleventh day of June 1829.

CHAP. XVI.

Resolve in favor of sundry Clerks employed in preparing
the valuation returns for the Committee.

February 9, 1832.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to John Delay, the sum
of thirteen dollars and fifty cents, to William Manning,
the sum of one hundred and thirty-eight dollars, to
Josiah Flagg, the sum of one hundred and seventeen
dollars, to Charles W. Lovett, the sum of one hundred
and two dollars ; to Allen Whitman, the sum of ninety

NATHANIEL INGERSOLL. 69

three dollars, aud to Solomon Hopkins, the sum of sixty
six dollars, and His Excellency the Governor, with the
advice of Council, is hereby authorized and requested to
draw his warrants accordingly.

CHAP. XVH.

Resolve allowing the State of Maine further time to com-
plete the Canada Road.

February 10, 1832.

Resolved, That a further time of two years from the
date hereof, be, and hereby is allowed to the State of
Maine, to complete the making of the Canada road in the
direction west of Bald Mountain, so called, any former
act or resolve on this subject to the contrary notwith-
standing.

CHAP. XVIII.

Resolve authorizing the Treasurer to deliver to Nath. In-
gersoll a Bond signed by said Ingersoll and others, on
condition.

February 10, 1832.

Resolved, That the treasurer of this Commonwealth
be, and he is hereby authorized and empowered, to de-

70 DAVID S. GREENOUGH'S CHILDREN.

liver to Nathaniel Ingersoll or to his order, a bond now
in the treasury signed by said Ingersoll and others, on
receiving a certificate from the land agent of this Com-
monwealth that he is satisfied the number of families re-
quired to be placed on said township No. 4. have been
placed thereon, any other condition in said bond to the
contrary notwithstanding.

CHAP. XIX.

Resolve upon the Petition of the minor children of David
S. Greenough,

February 10, 1832.

Upon the petition of the minor children of David S.
Greenough, late of Roxbury in the county of Norfolk,
Esquire, deceased, (presented by their guardian,) for the
reasons therein set forth ;

Resolved, That Maria F. Greenough, the guardian of
said minors, or, in case of her unwillingness to act in this
behalf, any person or persons who shall be appointed for
this purpose by the Judge of Probate in the county of
Norfolk, be, and said guardian, or such person or persons
as shall be appointed as aforesaid, respectively are here-
by fully authorized and empowered to sell and dispose
of, by public sale or private contract, and for and in the
names of said minors respectively to execute, acknowl-
edge and deliver any and all deed or deeds proper and
sufficient to grant and convey to the purchaser or pur-
chasers thereof all the right, title, interest and estate

DAVID S. GREENOUGH'S CHILDREN. 71

which David S. Greenough, John Greenoiigh, James
Greenough, Anne Greenough, and Jane D. Greenough,
the minor children of said David S. Greenough, deceas-
ed, have of, in and to one undivided moiety of a certain
island known by the name of Noddles Island, and situ-
ated in the harbor of Boston.

Provided however, that said minors estate in said is-
land shall not be sold by private contract, unless a sale
can thereby be effected at a price, which, including the
consideration for the estate in dower beloneins; to the
mother of said minors, shall equal one hundred dollars
for each acre which a moiety of said island contains.

And provided also y that before the power hereby gran-
ted shall be exercised, the person or persons assuming to
act under and by virtue of this resolve, shall, before he,
she, or they grant and convey the said estate and title of
said minors to a purchaser or purchasers, give a bond,
with a sufficient surety, or sureties to said judge of pro-
bate, in an adequate penalty, with condition that he, she,
or they shall and will faithfully lay out and keep inves-
ted in some public stocks or funds, or in real securities at
interest, all the net proceeds of such sale ; and will duly
account for and pay over to said David, John, James,
Anne and Jane respectively, when and as they attain full
age, his or her just share of such proceeds, with the ac-
cumulation (if any,) caused by the addition of an excess
of income beyond the expenditure required for the suit-
able education and maintenance of said minors during
their respective minorities; and shall also take, subscribe
and file in the probate office in said county of Norfolk,
the oaths which executors and administrators are requi-
red by law to take, before making a sale of the real es-
tate of their testators or intestates under a license from
the Supreme Court, or a Court of probate, except as to
the mode of sale.

72 COL. CHARLES S DAVIES.

CHAP. XX.

Resolve in favour of Col. Charles S. Davies.
February 13, 1832.

On the account of Col. Charles S, Davies exhibiting
a demand against the Commonwealth for services ren-
dered, and money expended by him in the county of Ox-
ford, State of Maine, in obtaining proof by testimony
and documents in support of the claims of Massachusetts
and Maine for military services, at the request of George
Sullivan^ Esqr. then agent of the Commonwealth in Sep-
tember, A. D. 1824—

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Col. Charles S. Davis
for reasons above set forth, the sum of one hundred and
thirty dollars ; and His Excellency the Governor with
the advice of council is hereby authorized and requested
to draw his warrant accordingly.

ROLL OF ACCOUNTS. 73

CHAP. XXI.

ROLL OF ACCOUNTS

Audited by the Treasurer of the Commonwealth agreeably
to the Orders of the Honorable Legislature, passed on
the 2\st and lid of June, 183L

Reported January 25, 1832.

Loring and Brewer, for carpeting, binding,
&c., for the Senate Chamber to 12th No-
vember, 1831, .... ;^388 13

Gore and Baker, for painting in the Senate
Chamber, Gallery, Lobby, &c., to No-
vember 25, 1831, . . . 254 25

Baxter, Hannah N., making carpets for the
Senate Chamber and Lobby, repairing
table coverings, &c., to November, 1831, ^Q ^^

Thayer, Joseph H., paper hangings &;c., for

the Senate Chamber, to November 2, 1831, 23 75

Tompkins, William, for taking off the old, and
putting on the new paper hangings in the
Senate Chamber to November 3, 1831, 32 00

Wheeler, John H., for carpenter's work done
in and about the Senate Chamber, Sep-
tember 10, 1831, . . . 52 97

Wells, Charles, for cash paid by him to Wil-
liam Barrett, for cleansing the table cover-
ing, &:c., belonging to the Senate Cham-
ber, September 30, 1831, . . 8 71

^796 44

74 BORROWING MONEY.

Resolve for paying for the repairs in the Senate Cham-
ber.

February 13, 1832.

Resolved, That there be allowed and paid out of the
public treasury, to the several persons mentioned in the
annexed roll, the sums set against their names respect-
ively, amounting in the whole to the sum of seven hun-
dred and ninety six dollars and forty four cents ; and
that the governor be authorized to draw his warrant for
the same.

CHAP. XXII.

Resolve authorizing the Treasurer to borrow rnoney.

February 15, 1832.

Resolved, That the treasurer of this Commonwealth
be and he is hereby authorised and directed to borrow, of
any of the banks in this Commonwealth, or any corpor-
ation therein, or of any individual or individuals, such
sum or sums of money as may from time to time be ne-
cessary for the payment of the ordinary demands on the
treasury, at any time before the meeting of the next
General Court, and that he pay any sum he may borrow,
as soon as money sufficient for the purpose, and not
otherwise appropriated, shall be received in the treasury.

PETITION OF WALDO FLINT. 75

Provided, however, That the whole amount borrowed
by authority hereof, and remaining unpaid, shall not at
any time exceed the sum of two hundred and fifty thou-
sand dollars.

CHAP. XXIII.

Resolve on the Petition of Waldo Flint and Joseph A.

Denny.

February 15, 1832.

Resolved, That Waldo Flint and Joseph A. Denny,
both of Leicester in the county of Worcester, trustees
appointed under and by virtue of the last will and tes-
tament of Otis D. Earle, late of New Haven, in the state
of Connecticut, deceased, testate, be and they hereby are
authorized and empowered to sell at public vendue, and
to make, execute, acknowledge, and deliver good and
sufficient deed or deeds to convey all the right, title, in-
terest and claim whatsoever, which they as trustees as
aforesaid, and all other persons for whose benefit they
hold the same in trust as aforesaid, have in and to cer-
tain real estate, situated in said Leicester, about a hun-
dred rods east of the Congregational meeting house in
said town, on the north side of the great Post Road,
containing about nine acres, with a dwelling house and
out buildings thereon standing, consisting of houselot,
garden, mowing and pasture, bounded on the south by
said road, on the west by land of Horatio G. Henshaw,
on the north by land of Austin Flint, and on the east by

76 NORTH EASTERN BOUNDARY.

land of said Austin Flint, and by land of Eri Chilson,
they the said trustees giving notice of the time and place
of said sale, by publishing an advertisement thereof, three
wrecks successively, in the Massachusetts Spy, a news-
paper published in Worcester in said county, before the
time of sale ; the proceeds of said sale to be put out and
secured on interest, and the income and principal sum to
be by them in all respects appropriated and applied, in
the manner and form appointed and directed by the said
last will and testament of the said Otis D. Earle, deceased,
and they the said trustees also giving bond to the judge
of Probate of the county of Worcester, with sureties to
be approved by said judge, conditioned to account for
and pay over the proceeds of said sale, with interest, to
the minors interested therein, as they may come of age
respectively.

CHAP. XXIV.

Resolves relating to the North Eastern Boundary.
February 15, 1832.

The Committee on Public Lands, to whom was refer-
red so much of the Governor's Message, at the opening
of the present session of the General Court, as relates to
the North-Eastern Boundary of the United States, and
also a subsequent Message enclosing a communication
from the Governor of Maine, with accompanying docu-
ments relating to that subject, have considered the same,
and respectfully submit the following report.

In the part of his Message at the opening of the ses-

NORTH EASTERN BOUNDARY. 77

sion, which relates to the North-Eastern boundary, the
Governor intimates that it may be expedient for the
General Court to express their opinion, how far the
proceedings of the King of the Netherlands, in regard
to the matters referred to him in pursuance of the fifth
article of the treaty of Ghent, are binding upon the
Government of the United States, and upon the States
of Massachusetts and Maine. The Resolutions of the
Legislature of the latter State, which accompany the
Governor's subsequent Message, declare in strong
terms, that these proceedings are not obligatory, and
request the co-operation of this Commonwealth in such
measures, as may be best calculated to prevent the
adoption of the boundary line recommended by the
King. Massachusetts is in fact directly interested in
the question, by her right of property in a considerable
portion of the territory, which would be cut off from
the State of Maine by that line ; and as the Senators
and Representatives of the Commonwealth in Congress
will be called upon, in the regular discharge of their
duties, to concur in the action of the General Govern-
ment upon this subject, it is proper and expedient that
they should be distinctly informed of the views of their
constituents. In presenting the result of their inquiries
into this important subject, the Committee will first
briefly state the facts in the case, as far as may be ne-
cessary for the present purpose, and afterwards add, for
the consideration of the General Court, the conclusions
to which those facts appear to lead.

The Committee have not thought it necessary to re-
capitulate, on this occasion, the history of the contro-
versy between Great Britain and the United States, re-
specting the North-Eastern boundary. This is a matter
of public notoriety, and has also no bearing upon the

78 NORTH EASTERN BOUNDARY.

present inquiry. The objection to the proceedings of
the King of the Netherlands has no connexion with the
merits of the case as between the two parties. If the
King has given a decision upon the points referred to
him, it is admitted that this decision, however erroneous
it may appear to the Government of the United States,
is binding — supposing the points referred to be such as
the Government of the United States has a right to
submit to arbitration. If the King has not given a de-
cision upon the points referred to him, it is equally ap-
parent, that the rights of the two parties remain in the
same state in which they were before the reference ; and
are in no way affected by any recommendation which
his Majesty may have thought proper to give in regard
to points which were not referred to him. This remark
would be true upon the ordinary principles of natural
law independently of any specific engagement, and it is
also confirmed by the language of the treaty of Ghent,
which expressly stipulates at the close of the fourth arti-
cle, that " His Britannic Majesty, and the Government of
the United States, engage to consider the decision of the
arbiter as final and conclusive upon all the matters re-
ferred to him ;" thus excluding from any pretension to
an obligatory character, any opinion or recommenda-
tion which he might think proper to give upon any
other subject. The most important point for considera-
tion in the present inquiry is, therefore, whether the
King of the Netherlands has or has not given a decision
upon the questions referred to him, in relation to the
North-Eastern boundary, hi order to determine this
question, it is of course only necessary to recur to the
treaty of Ghent, and compare the terms of the submis-
sion as therein stated, with those of the document con-
taining the results of the King's proceedings.

NORTH EASTERN BOUNDARY. 79

The fifth article of the Treaty of Ghent provides,
that, "whereas neither that point of the Highlands lying
due North from the source of the river St. Croix, and
designated in the former treaty of peace between the
two powers as the North-West angle of Nova Scotia,
nor the Northwesternmost head of Connecticut River,
has yet been ascertained ; and whereas that part of the
boundary line between the dominions of the two Powers,
which extends from the source of the river St. Croix,
directly North to the above-mentioned North- Western
angle of Nova Scotia, thence along the said Highlands
which divide those rivers which empty themselves into
the river St. Lawrence from those which fall into the
Atlantic Ocean to the Northwesternmost head of Con-
necticut River, thence down along the middle of the
river to the forty-fifth degree of North latitude, thence
by a line due West on said latitude, until it strikes the
river Iroquois or Cataraquay, has not yet been surveyed ;
it is agreed, that, for these several purposes, two Com-
missioners shall be appointed, sworn, and authorized
to act exactly in the manner directed with respect to
those mentioned in the next preceding article, unless
otherwise specified in the present article. The said
Commissioners shall meet at St. Andrews, in the Prov-
ince of New Brunswick, and shall have power to ad-
journ to such other place or places as they shall think
fit. The same Commissioners shall have power to as-
certain and determine the points above mentioned, in
conformity with the provisions of the said treaty of
peace of 1783, and shall cause the boundary afore-
mentioned, from the source of the river St. Croix to
the river Iroquois or Cataraquay, to be surveyed and
marked according to the said provisions. The said
Commissioners shall make a map of the said boundary,

so NORTH EASTERN BOUNDARY.

and annex to it a declaration under their hands and
seals, certifyilig it to be a true map of the said bounda-
ry and particularizing the latitudes and longitudes of the
North-West angle of Nova Scotia, of the Northwest-
ernmost head of Connecticut River, and of such other
points of the said boundary as they may deem proper ;
and both parties agree to consider such map and de-
claration as finally and conclusively fixing the said boun-
dary. And, in the event of the said Commissioners
differing, or both or either of them refusing, declining,
or wilfully omitting to act, such reports, declarations,
or statements, shall be made by them or either of them,
and such reference shall be made to a friendly Sove-
reign or State, in all respects as in the latter part of the
fourth article is contained, and in as full a manner as if
the same were herein repeated."

The part of the fourth article of the same treaty?
which is here alluded to, as describing the form and
manner in which the points in dispute are to be refer-
red to the arbiter, is as follows :

" It is further agreed, that in the event of the two
Commissioners differing upon all, or any of the matters
so referred to them, or in the event of either or both of
the said Commissioners refusing, or declining, or wil-
fully neglecting to act as such, they shall make, jointly
or separately, a report or reports, as well to the Gov-
ernment of His Britannic Majesty as to that of the
United States, in detail of the points on which they
differ, and the grounds on which their respective opin-
ions have been formed, or the grounds upon which they,
or either of them, have so refused, declined, or omitted
to act. And His Britannic Majesty, and the Govern-
ment of the United States, hereby agree to refer the
report, or reports, of the said Commissioners, to some

NORTH EASTERN BOUNDARY. 81

friendly Sovereign or State, to be then named for this
purpose, and who shall be requested to decide upon the
differences, which may be stated in the said report or
reports, or upon the report of one Commissioner, to-
gether with the grounds upon which the other Com-
missioner shall have refused, declined, or omitted to
act, as the case may be ; and if the Commissioner so
refusing, declining, or omitting to act, shall also wilfully
omit to state the grounds upon which he has so done,
in such manner that the said statement may be referred
to such friendly Sovereign or State, then such Sovereign
or State shall decide ex parte upon the said report
alone. And his Britannic Majesty, and the Government
of the United States, engage to consider the decision
of such friendly Sovereign or State to be final and
conclusive on all the matters so referred."

It -results from the terms of these articles, and leav-
ing out of view that part of the fifth relating to the
Northwesternmost head of Connecticut River, and the
boundary thence to the Iroquois, which is not material to
the present purpose, that the duty which devolved upon
the Commissioners, appointed under the fifth article,
was to ascertain and define that point of the Highlands
lying due North of the source of the river St. Croix,
which was designated, in the former treaty, as the North
West angle of Nova Scotia, and to cause that part of
the boundary line, between the dominions of the two
powers, which extends from the source of the river
St. Croix, due North to the above-mentioned North
West angle of Nova Scotia, thence along the said High-
lands which divide those rivers which empty themselves
into the river St. Lawrence from those which fall into
the Atlantic Ocean, to the Northwesternmost head of
Connecticut River, to be surveyed and marked accord-

82 NORTH EASTERN BOUNDARY.

ing to the provisions of the treaty. No authority is
given to the Commissioners to ascertain and determine
the respective positions of the Highlands, or of the source
of the river St. Croix. Both these are supposed to be
known. The position of the source of the river St.
Croix had in fact been determined by a special conven-
tion, and no question had ever been raised as to that of
the Highlands, which was laid down in all the maps, and
described in a variety of official documents, emanating
from the British government, as stretching from the
Western extremity of the Bay des Chaleurs, along the
South side of the river St. Lawrence, at a distance
from it of twenty or thirty miles. The duty of the
Commissioners was, therefore, as has been already said,
to ascertain and determine the point where a line, drawn
due North from the source of the St. Croix strikes the
Highlands, and to cause the boundary line, which, ac-
cording to the treaty, was to run Westerly from that
point along the Highlands to be surveyed. Should the
Commissioners differ upon any of the matters referred
to them, they were to make report to their respective
governments of the points on which they differed, and
an arbiter was to be appointed, who was'^to decide, on
view of these reports, the points of difference therein
stated.

The Commissioners appointed for this purpose, hav-
ing disagreed, and made reports as required by the
treaty to their respective governments, it was determin-
ed by the convention of Sept. 29, 1827, that the points
in dispute in regard to this subject should, in conformi-
ty to the further provisions of the treaty, be referred to
a friendly sovereign. The language of the convention
is as follows :

" It is agreed, that the points of difference which have

NORTH EASTERN BOUNDARY. 83

arisen in the settlement of the boundary between the
American and British dominions, as described in the
fifth article of the treaty of Ghent shall be referred, as
therein provided, to some friendly sovereign or state,
who shall be invited to investigate and make a decision
upon such points of difference.

It was farther provided, in another article of the same
convention, that, as the reports of the Commissioners
were too voluminous to be conveniently examined by
the arbiter, " new and separate statements of the res-
pective cases, severally drawn up by each of the con-
tracting parties," should be substituted for them as the
basis of the decision. These new statements were ac-
cordingly prepared on each side, and the king of the
Netherlands having been agreed upon as the arbiter,
were laid before him by the Plenipotentiaries of the two
Governments. It is to these statements that we are to
look immediately for information in regard to the points
which the king was authorized to decide. In stating
the result of their examination of these documents, the
Committee leave out of view, as before, all that relates
to other questions not material to the present purpose,
and confine themselves to the points of difference in re-
gard to the North-Eastern boundary.

In the introductory part of his award, the king says,
that the two parties had agreed upon a statement of the
points of difference between them. In reality, howev-
er, these points, and particularly that relating to the
North-Eastern boundary are somewhat differently stated
by the two parties. According to the American State-
ment, the point of " difference is the North-West angle
of Nova Scotia, and the boundary line contemplated by
the treaty of 1783, extending from that angle along cer-
tain Highlands to the Northwesternmost head of the

84 NORTH EASTERN BOUNDARY.

Connecticut River." The British statement gives the
point as follows : " The parties differ respecting the
point designated in the treaties as the North-West angle
of Nova Scotia, and respecting the Highlands along
which the line of boundary is to be carried, which is
destined to divide the rivers that empty themselves into
the river St. Lawrence, from those that fall into the
Atlantic Ocean." Neither of these statements is pre-
cisely accurate in form ; but the British differs from the
other in representing the position of the Highlands as
one of the points in dispute. The king, in his award,
conforms to the British Statement, and specifies the
questions at issue in the following terms : " Which is
the place designated in the treaties as the North-West
angle of Nova Scotia, and what are the Highlands di-
viding the rivers that empty themselves into the river St.
Lawrence, from those that fall into the Atlantic Ocean,
along which is to be drawn the boundary line from that an-
gle to the Northwesternmost head of Connecticut River ?"
Notwithstanding the variation between the modes of
expression of the British and American Commissioners,
they agree substantially in representing the situation of
the Highlands, as the principal point upon which they
had differed. The Committee have already remarked,
that it certainly was not the intention of the parties to
the treaty of Ghent, that any question should be made
upon this subject. When the British Commission-
ers advanced the extravagant and preposterous preten-
sion, that the Highlands were situated in a level region
in the middle of the State of Maine, the American
Commissioners, might perhaps with propriety have de-
clined to negotiate upon this point. Instead of this,
however, they undertook to refute the British argument,
and finally consented to refer it to the arbiter. The

NORTH EASTERN BOUNDARY. 85

King being authorized to decide upon all the questions
specified in the statement, was of course justified in
considering the situation of the Highlands, as one of
the points referred to him : and had he given a decision
in favor of the British pretensions, the Government of
the United States would have been bound to acquiesce
in it, except so far as it might have been considered
originally null and void, for want of any constitutional
power in the Government of the United States to au-
thorize the submission to a foreign arbiter of the ques-
tion so decided.

The King, however, gave no decision upon this or
any other question relating to the North-Eastern boun-
dary. After stating the question to be, as above repre-
sented : — What is the North-West angle of Nova Scotia,
and what are the Highlands which divide the waters
that empty themselves into the river St. Lawrence from
those that fall into the Atlantic Ocean? — His Majesty
proceeds to recapitulate at considerable length, the ar-
guments which have been urged by the two parties in
favor of their respective pretensions, compares their
forces, and finally concludes that there is not sufficient
evidence on either side, to justify a decision. The lan-
guage of this part of the award, according to the trans-
lation officially communicated from the Department of
State, is as follows :

" The arguments adduced on either side, and the
documents exhibited in support of them, cannnot be con-
sidered as sufficiently preponderating to determine a
preference in favor of one [ei^/ier] of the two lines re-
spectively claimed by the High Interested Parties, as
the boundaries of their possessions, from the sources of
the river St. Croix, to the Northwesternmost head of
the Connecticut river ; and the nature of the difference,

86 NORTH EASTERN BOUNDARY.

and the vague and not sufficient determinate stipula-
tions of the treaty of 1783, do not permit to adjudge
either of those lines to one of the two parties, without
wounding the principles of law and equity in regard to
the other."

The Convention of 1827, had contemplated and pro-
vided for the case in which the arguments and facts
contained in the statements, should not be considered
by the arbiter as sufficiently satisfactory to authorize a
decision in favor of either party. Under these circum-
stances, he was to be furnished with such additional
elucidations, whether of the facts or principles in ques-
tion, as he might deem necessary. The article con-
taining this stipulation, is as follows :

" In order to facilitate the attainment of a just and
sound decision on the part of the arbiter, it is agreed
that in case the said arbiter should desire further eluci-
dation or evidence, in regard to any specific point con-
tained in any of the said statements submitted to him,
the requisition for such elucidation or evidence shall be
simultaneously made to both parties, who shall there-
upon be permitted to bring further evidence, if requir-
ed, and to make each a written reply to the specific
questions submitted by the said arbiter, but no farther,
and such evidence and replies shall be immediately
communicated by each party to the other.

" And in case the arbiter should find the topograph-
ical evidence, laid, as aforesaid, before him, insufficient
for a sound and just decision, he shall have the power
of ordering such additional surveys to be made of any
portion of the disputed boundary line, or territory, as
he may think fit, which survey shall be made at the
joint expense of the contracting parties, and be consid-
ered as conclusive by them."

NORTH EASTERN BOUNDARY. 87

The case here anticipated having actually occurred,
it would have appeared natural, that the royal arbiter
should have taken the course prescribed in the Conven-
tion, and called for additional evidence. Instead of
this, after declaring, in the passage quoted above, that
the statements, with which he has been furnished, were
not sufficient to enable him to decide in favor of either
party, he proceeds to assign reasons why he does not
avail himself of the faculty aftbrded him by the Conven-
tion, of calling for additional evidence. The case, it
seems, was not susceptible of any further elucidation.

" As has been already said, the question resolves it-
self into a selection to be made of a ground dividing the
rivers that empty themselves into the River St. Law-
rence from those that fall into the Atlantic Ocean ; and
as the High Contracting Parties are agreed, with re-
gard to the course of the streams delineated by common
accord on the map A, and affording the only basis of a
decision, therefore the circumstances upon which the
decision (must he founded) could not be further eluci-
dated, by means of fresh topographical investigations,
nor by the production of additional documents."

The arbiter having thus declared, that the case was
not susceptible of a decision upon the evidence, with
which he had been furnished, and also, that it was
not susceptible of any further elucidation by means of
additional evidence, seems to have had no alternative
left, but to close the proceedings, and resign his func-
tions, without giving any opinion. Instead of this, how-
ever, after alleging his inability to pronounce a decision
in favor of the line claimed by either party, he attempts
to settle the difference in another way, and recommends
the adoption of an entirely new boundary, not previous-
ly contemplated, or claimed on either side, and having

88 NORTH EASTERN BOUNDARY..

no pretence of foundation or support in the terms of
any of the treaties. The language, which conveys this
extraordinary recommendation, is as follows :

" We are of opinion, that it will be suitable to adopt,
as the boundary of the two States, a line drawn due
North from the River St. Croix, to the point where it
intersects the middle of the channel of that river, as-
cending it to the point where the river St. Francis
empties itself into the river St. John, down the middle
of the channel of the river St. Francis, ascending it to
the source of its Southwesternmost branch, which
source we indicate on the map A, by the letter X, au-
thenticated by the signature of our Minister of Foreign
Affairs ; thence a line drawn due West to the point
where it unites with the line claimed by the United
States of America, and delineated on the map A ;
thence said line to the point at which it coincides with
that claimed by Great Britain, and thence the line trac-
ed on the map by the two powers to the Northwestern-
most head of Connecticut River."

This recommendation terminates the King's proceed-
ings in regard to the question of the North-Eastern
boundary. According to the terms of the Treaty of
Ghent, as above quoted, the two parties engage to con-
sider the decision of the arbiter as final and conclusive
on all the matters referred to him : and it is stipulated,
in the convention of 1827, that the decision of the ar-
biter, when given, shall be taken as final and conclu-
sive, and shall be carried, without reserve, into imme-
diate effect, by Commissioners appointed for that pur-
pose by the contracting parties. But, as this recom-
mendation of an entirely new boundary is not a decision
of any of the points referred lo the arbiter, and is de-
clared by himself not to be so, it is of course not bind-

NORTH EASTERN BOUNDARY. 89

jng as a decision under the stipulations of the treaties.
It is hardly necessary to add, that, as the mere recom-
mendation of a friendly Sovereign, given without au-
thority upon a point not submitted to him, it can have
no obligatory character, however justly it may be enti-
tled to the most respectful consideration. As the Com-
mittee cannot suppose that this will be considered by
any one as a doubtful principle, they deem it unneces-
sary to multiply arguments in support of it. They will
merely refer, in illustration of the abuses that would
result from the adoption o( a contrary principle, to the
celebrated case of Bruce %id Baliol, rival pretenders
to the crown of Scotland, who submitted the decision
of their respective claims to Edward I., then King of
England, sometimes called the English Justinian. In
this case, as in the one submitted to the King of the
Netherlands by Great Britain and the United States,
the arguments and evidence furnished by the parties,
were not considered sufficient to authorize a decision
in favor of either ; and, in order that the difference
might not remain unsettled, the English Justinian ad-
judged the crown of Scotland to himself. It will hardly
be pretended, that this proceeding was conformable to
the rules of national law ; but it would have been fully
justified by any principle which would give to the re-
commendation of a new boundary by the King of the
Netherlands an obligatory power over the governments
of Great Britain and the United States. If an arbiter
have a right to travel out of the record of the submis-
sion, and give opinions having the force of law, upon
questions not referred to him, it is obvious, that there
are no limits to his authority, and that tiic reference, by
two governments, of any question, however unim-
portant, to the arbitration of a third, amounts to a coni-

90 NORTH EASTERN BOUNDARY.

plete and unconditional surrender of the national rights
and independence of both.

The recommendation of the king of the Netherlands
is therefore not binding upon either government. It is
nevertheless entitled to very respectful consideration.
It is the suggestion of a friendly sovereign, made with
the best intentions, and under an impression that the
adoption of it would be mutually and equally advanta-
geous to both the parties. Although it can have no ob-
ligatory character, it may be proper to inquire, whether
it is right and expedient that the government of the
United States should voluntarily accede to it, and give
it effect.

Supposing the question of expediency to be entirely
open, the Committee are unable to perceive any very
strong reasons for deciding it in the affirmative. They
are not aware, that any material inconvenience can re-
sult from a further delay in the survey of the North-Eas-
tern boundary, as determined by the treaty of 1783,
while the adoption of the recommendation of the king
of the Netherlands would involve the sacrifice of a con-
siderable tract of territory, and an acquiescence, to a
certain extent at least, in pretensions on the part of the
British agents, which are too extravagant to be regard-
ed for a moment as entitled to serious attention. But
the Committee will not enlarge upon the considerations
belonging to the question of expediency, because they
conceive that this question is precluded by the prelimi-
nary one of Constitutional right. The Government of
the United States have no constitutional authority to
cede to a foreign state any portion of the territory be-
longing to any one of the states composing the Union,
without the consent of such state. They can, without
a violation of this rule, settle such questions relating to

NORTH EASTERN BOUNDARY. 91

the boundaries of the Union as were left doubtful by the
treaty of 1783, because it is only by the settlement of
these questions, that the extent of the territory of the
border states can be ascertained. But the situation of
the Highlands, which, according to the treaties, form
the northern boundary in this quarter, is not represent-
ed, either in the treaty of 1783, or in that of Ghent as
a doubtful point. The latter treaty provides for ascer-
taining the point where a certain line strikes the High-
lands, and for surveying another line which is described
as running in a westerly direction along the Highlands.
No provision is made for ascertaining the situation of
the Highlands, which is spoken of as known. The
Government of the United States had therefore no
Constitutional right to allow it to be drawn in ques-
tion by England, still less to submit it to arbitration ;
and had the King of the Netherlands decided against
us on this question, the Committee believe, as they have
already remarked, that the act would have been wholly
null and void, from a defect of authority in the Govern-
ment of the United States to make the submission.
The only uncertainty which exists in regard to this part
of the boundary, results from the want of an accurate
survey of a line, the general course of which is well
defined. The Government of the United States had a
right to cause this line to be surveyed, without regard
to the effect which the survey might have upon the ex-
tent of the supposed territory of Maine in that quarter.
Farther than this, it had no authority to go, without
the consent of Massachusetts and Maine. But the ac-
ceptance of the recommendation would deprive these
States of a large tract of territory which, under any
imaginable result of the survey, would certainly belong
to them, and it is therefore a measure which the Gov-

92 NORTH EASTERN BOUNDARY. -

ernment of the United States has no right to adopt,
without the consent of both States. As the vState of
Maine has solemnly protested against its adoption, it is
wholly beyond the competency of the Government of
the United States to adopt it, whatever might be the
opinion of Massachusetts. But as Massachusetts is di-
rectly interested in the question as well as Maine, it is
obviously proper, that her opinion also should be made
distinctly known.

Under these impressions of the merits of the case,
and of the course best fitted under present circumstances to
promote the honor and interest of the Commonwealth,
the Committee offer, for the consideration of the General
Court, the following preamble and resolves.
All which is respectfully submitted.

By order of the Committee,

A. H. EVERETT.

Whereas the Commonwealth of Massachusetts, as
proprietor of large tracts of land in the State of Maine,
is directly interested in the measures that may be adopt-
ed by the Government of the United States, for the pur-
pose of defining and settling the North-Eastern boun-
dary thereof, and whereas, the subject being now under
the consideration of the Government of the United
States, it is expedient that the General Court should
express their opinion thereupon, to the end that the
Senators and Representatives of the Commonwealth
in Congress may be the better enabled to understand
and give effect to the intentions of their constituents,
therefore,

Resolved, by the Senate and House of Representa-
tives, in General Court assembled, that the Government
of the United States possesses the constitutional right

NORTH EASTERN BOUNDARY. 93

to ascertain and settle, by negotiation with foreign pow-
ers, arbitration, or otherwise, such parts of the boundary
lines of the said States, as were left doubtful by the
Treaty of Peace of 1783, but that the said Government
does not possess the constitutional right to alter, by ne-
gotiation with foreign powers, arbitration, or otherwise,
the boundary lines of the said States, so far as the same
were ascertained and settled by the said treaty, to the
prejudice of the territorial or other rights of any State,
without the consent of such State previously obtained.
Resolved, That, in the second article of the Treaty
of Peace of 1783, it is agreed and declared, that the
Northern boundary line of the United States begins at
the point where a line, drawn due North from the source
of the river St. Croix, strikes the Highlands, and that
it runs in a Westerly direction along the said High-
lands, which divide those rivers that empty themselves
into the river St. Lawrence, from those which fall into
the Atlantic Ocean : that the situation of the said High'
lands is, and was, at the time of the conclusion of said
treaty, a matter of public notoriety, the same being one of
the great geographical features of the country, indicated
on all the maps, and repeatedly recognized in various
official documents by the British Government : that, as
far as the situation of the said Highlands is concerned,
the Northern boundary line was ascertained and settled
by the treaty of 1783, and that the Government of the
said United States has no constitutional right to alter
the same as then ascertained and settled, whether by
negociation with foreign powers, arbitration, or other-
wise, to the prejudice of the territorial or other rights
of any State, without the consent of such State pre-
viously obtained.

Resolved, That it was agreed, by the fifth article of

94 NORTH EASTERN BOUNDARY.

the Treaty of Ghent, that Commissioners should be ap-
pointed, by the Governments of Great Britain and the
United States, to survey the Northern boundary line of
the said States, as ascertained and settled by the treaty
of 1783, and that, in the event of a disagreement be-
tween the said Commissioners, the matters in dispute
betvi^een them should be referred to some friendly Sov-
ereign, to be named as arbiter, in the manner described
in the said fifth article, but that it was not the intention
of the said Governments, and is not provided or agreed
in the said fifth article, that the said Commissioners
should inquire into and determine the situation of the
aforesaid Highlands, the same being, as aforesaid, a
matter of public notoriety : — that the Government of the
United States, in permitting the same to be made a
question by the said Commissioners, and to be by them
submitted to the arbitration of the King of the Nether-
lands, without the consent of Massachusetts and Maine
previously obtained, exceeded its constitutional pow-
ers, and that any decision which the said King might
have given upon said question, would have been entire-
ly null and void, for want of a constitutional power in
the Government of the United States to make the sub-
mission.

Resolved, That it appears, from the document com-
municated to the Government of the United States by
the said King, as the result of his proceedings in the
arbitration committed to him, in conformity to the fifth
article of the Treaty of Ghent, by the Governments of
Great Britain and the United States, that the said King
has not decided any of the questions relating to the
North-Easlern boundary of the said States, which were
submitted to him by the Commissioners of the two Gov-
ernments, having declared, for reasons contained in the

NORTH EASTERN BOUNDARY. 95

said document, that said questions are not susceptible of
any decision ; and that the aforesaid document, so com-
municated by the King of the Netherlands, not contain-
ing any decision of the questions submitted to him, as
aforesaid, by the said Commissioners, is not binding
upon the Governments of Great Britain and the United
States, or either of them, as a decision, either by the
ordinary rules of international law, or by the stipulations
of the treaties, which settled the form of the arbitration.

Resolved^ That the recommendation contained in the
aforesaid document, so communicated by the King of
the Netherlands, of an entirely new boundary line be-
tween certain parts of the possessions of Great Britain
and the United States, being merely the suggestion of a
friendly Sovereign, made without authority, upon a sub-
ject not submitted to him, though entitled to respectful
consideration, is not obligatory upon either of the par-
ties to the arbitration ; and that the United States are
not bound, either by the ordinary principles of interna-
tional law, or by the stipulations of the treaties, which
settled the form of the arbitration, to adopt the said
line, so recommended, as a part of their North-Eastern
boundary.

Resolved, That the adoption of the said line, so re-
commended by the King of the Netherlands, as a part
of the North-Eastern boundary of the United States,
would deprive this Commonwealth and the State of
Maine of large tracts of territory, which, upon any ima-
ginable result of such survey of the Northern and East-
ern boundaries, as is authorized by the Fifth Article of
the Treaty of Ghent, belong respectively, in sovereignty
and property, to the said State and the said Common-
wealth.

Resolved, That the Government of the United States

96 NORTH EASTERN BOUNDARY.

has no constitutional right to cede any portion of the
territory of the States composing the Union, to any-
foreign power, or to deprive any State of any land, or
other property, without the consent of such State, pre-
viously obtained ; and that the adoption of the aforesaid
new boundary line, recommended, as aforesaid, by the
King of the Netherlands, without the consent, previously
obtained, of the States of Massachusetts and Maine,
would be a violation of the rights of jurisdiction and
property, belonging respectively to the said States, and
secured to them by the Federal Constitution ; and that
any act, purporting to have such effect, would be wholly
null and void, and in no way obligatory upon the Gov-
ernment or People of either of the said States.

Resolved, That as the adoption, by the Government of
the United States, of the aforesaid new boundary line,
so recommended by the said King of the Netherlands,
would deprive the Commonwealth of Massachusetts of
large tracts of land, without equivalent, it is not expedi-
ent for the said Commonwealth to give consent thereto ;
and that the General Court hereby solemnly protest
against such adoption, declaring, that any act, pur-
porting to have such effect, will have been performed
without the consent of the Commonwealth, and in vio-
lation of the rights thereof, as secured by the Federal
Constitution, and will be consequently null and void,
and in no way obligatory upon the Government or
people.

Resolved, That the General Court have received with
satisfaction the communication made ^o them through
His Excellency the Governor, from the Government of
the State of Maine, of the proceedings of the said Gov-
ernment, upon this subject ; — that they reciprocate the
friendly sentiments, which have been expressed on this

EtiZA GRAY. ' 97

occasion, by that Government, and will readily and
cheerfully cooperate with the State of Maine, in such
measures as shall be best calculated to prevent the
adoption, by the Government of the United States, of
the new boundary line, recommended, as aforesaid, by
the King of the Netherlands.

Resolved, That the Senators of the Commonwealth,
in Congress, be instructed, and the Representatives
thereof requested, to use their influence to prevent the
adoption, by the Government of the United States, of
the aforesaid new boundary.

Resolved, That His Excellency the Governor be re-
quested to transmit a copy of these Resolves, and of the
Report preceding them, to each of the Senators and Re-
presentatives of the Commonwealth in Congress, to His
Excellency the Governor of Maine, and to the' Gover-
nors of all the other States in the Union.

CHAP. XXV.

Resolve to authorize John Gray, Guardian of Eliza Gray,
to release her lien on certain real estate in the city of
Boston.

February 16, 1832.

Whereas it appears from the petition of Frederick T.
Gray, of Boston, in the county of Suffolk, that Mary
Turell, late of said Boston, widow, deceased, in and by
her last will and testament, did bequeath to Eliza Gray,
of said Boston, singlewoman, and a person non compos
mentis, an annuity of seven hundred dollars during her

98 ' ELIZA GRAY.

natural life ; said Mary also gave annuities to Mary Ann
Fales and to John Gray, Jr. and afterwards devised all
her real estate to said Frederick T. Gray, the effect of
which devise is to give said annuitants a lien on such

real estate.

And whereas, it further appears from said petition,
that said real estate consists of a parcel of land in Han-
over street, in said Boston, with the buildings thereon,
appraised at ten thousand dollars, also of a parcel of land
in Brattle Square, in said Boston, with four old houses
thereon, appraised at thirty thousand five hundred
eighty-eight dollars, which last mentioned estate produ-
ces an income of eight hundred twenty dollars only, an-
nually, and by reason of the lien of said Eliza, said
Frederick is unable to sell or improve the same.

Therefore resolved, That John Gray, of said Boston,
as Guardian of said Eliza, be and he is hereby author-
ized and empowered to execute to said Frederick T.
Gray, a release in due form of law, of all said Eliza's
lien and claim as aforesaid, on said lot of land and estate
in said Brattle Square, on receiving from said Frederick
satisfactory security, in the way of mortgage of real es-
tate, for the punctual payment of said annuity to said
Eliza, to be approved by the Judge of Probate for the
county of Sutfolk : Provided, that said Eliza's lien on
said estate in Hanover street, shall be preserved, and
that said Mary Ann Fales and John Gray, Jr. shall sev-
erally release their lien thereon.

LAND AGENT. 99

CHAP. XXVI.

Resolve on the Accounts of the Land Agent.

February 17, 1832.

The joint committee on public lands, to whom was re-
ferred the report, schedule and accounts of George W.
Coffin, Land Agent of this Commonwealth, have exam-
ined his account, wherein he charges himself with the
sum of thirty-five thousand seven hundred and sixty-six
dollars and eighty cents, received in money and securi-
ties for the sales of land, from the first day of February,
1831, to the first day of February, 1832. And has paid
into the Treasury, in money and securities, which to-
gether with payments for surveys and other incidental
charges, including his own services as Agent, amount to
a sum equal to the above receipts — all which is right
cast and well vouched.

A. H. EVERETT, Chairman.

Therefore resolved, That George W. Coffin, agent for
selling the public lands in the state of Maine, be, and he
is hereby discharged from the payment of the sum of
thirty-five thousand seven hundred and sixty six dollars,
and eighty cents, specified in his account.

100 GENERAL LAWS.

CHAP. xxvn.

Resolve authorizing the Secretary to purchase and dis-
■ tribute the 2d part of the 3d vol. General Laws, ^c.

February 21, 1832.

Resolved, That the Secretary of the Commonwealth
be authorized and directed to purchase of Messrs. Hil-
liard, Gray, and Company, at one dollar a volume, four
hundred copies of the second part of the third volume of
the General Laws, lately published, in continuation of
the volumes of the General Laws lately published by
Theron Metcalf, Esq.

Resolved, That the said copies be distributed as fol-
lows : — two to the library of the General Court, four for
the use of each branch of the Legislature, one for each
town in the Commonwealth, one for each judge of the
Supreme Judicial Court, the Court of Common Pleas,
the Probate Courts, and the Municipal Court of the city
of Boston, one for each of the Executive Departments,
one for each of the court houses in the several counties,
two for the Council Chamber.

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

Resolved, That the Secretary of this Commonwealth
be directed to furnish to each of the keepers of gaols, in
the several counties therein, and to each of the keepers
of houses of correction, not being keepers of gaols, and
to the warden of the State Prison, one copy of the vol-
umes of the General Laws, published under a resolve of
the Legislature of February 22d. in the year of our Lord

ALBERT F. BARNARD. 101

one thousand eight hundred and twenty-two, and of the
first and second parts of the third volume of said laws.
in continuation, published by Theron Metcalf, Esq. Also
one copy of the pamphlet laws of said Commonwealth,
which may hereafter be published for distribution, pursu-
ant to resolves now in force.

CHAP. XXVIII.

Resolve for admitting Albert F. Barnard, to the Ameri-
can Asylum, at Hartford.

February 21, 1832.

Resolved, That Albert Folger Barnard, of Nantucket,
be placed upon the list of persons supported by this
Commonwealth, at the Deaf and Dumb Asylum, at
Hartford, agreeably to the provisions of the resolves pro-
viding for the support of a certain number of deaf and
dumb persons at the expense of the Commonwealth.

102 GENERAL SURVEY.

CHAP. XXIX.

Resolve making a further appropriation for the General
Survey of the Commonwealth.
«

February 23, 1832.

Resolved, That His Excellency the Governor, with
the advice of the Council, be, and he is hereby author-
ized to draw his warrant, from time to time, upon the
Treasurer of the Commonwealth, for any sum or sums
not exceeding five thousand six hundred dollars, in addi-
tion to the sums heretofore appropriated, which may be
necessary to carry more fully into effect the resolves au-
thorizing the appointment of a surveyor, to make a gen-
eral survey of the Commonwealth, passed on the third
day of March, A. D. 1830, and the resolves in addition
thereto, and further authorizing the appointment of a
suitable person to make a geological examination of the
Commonwealth, passed on the fifth day of June, A. D.
1830.

REVISION OF LAWS. 103

CHAP. XXX.

Resolve providing for a revision of the General Statutes
of the Commonwealth.

February 24, 1832.

Resolved, That His Excellency the Governor, by and
with the advice and consent of the Council, be, and
hereby is authorized and requested to appoint three able
and discreet persons, learned in the law, to be Commis-
sioners, whose duty it shall be faithfully to revise, col-
late and arrange, as well the colonial and provincial
statutes, as all other the general statutes of the Com-
monwealth, which are or may be in force at the time
such commissioners may finally report their doings in
the premises. And such commissioners shall carefully
collect the different acts and parts of acts relating to the
same subject matter, and collate and arrange the same
under appropriate chapters, titles and sections, and in
all respects execute and complete said revision in such
a manner, as, in their opinion, will render the said gener-
al laws, most concise, plain and intelligible.

Resolved, That it shall be the duty of said commis-
sioners, in the report of their doings, to suggest such
contradictions, omissions, or imperfections, as may ap-
pear in the laws, so to be revised, and the mode in
which the same may be reconciled, supplied, or amended ;
and they shall, from time to time, report to the General
Court, their progress and doings, under their said com-
mission, to the end, that such revision may be completed
as soon as may be.

104 JOHN F. CLARK.

CHAP. XXXI.

Resolve respecting " Boston South Bridge.^^

February, 27, 1832.

Resolved, That, unless the proprietors of Boston
South Bridge, shall, on or before the fifteenth day of
March next, surrender to the Commonwealth, the fran-
chise of said bridge, the Attorney General be and here-
by is directed, immediately thereafter, to file, in the
proper tribunal, an information, in the nature of a quo-
warranto, against said proprietors, to the end that the
franchise of said bridge may be adjudged forfeit, and to
take all necessary measures to bring the matter to speed-
y and final determination.

CHAP. XXXII.

Resolve in favor of John F. Clark.

February 27, 1832.

On the petition of John F. Clark, keeper of the House
of Correction in the County of Worcester, praying that
his accounts for the support of state paupers in said
House of Correction, between the twenty third day of
May 1823, and the first day of June 1829, may be al-
lowed and paid by the Commonwealth.

MESSAGE. 105

Resolved, That there be allowed and paid, out of th{
treasury of this Commonwealth, to John F. Clark, foi
the reasons above set forth, the sum of three hundred
thirty three dollars and sixteen cents ; and His Excel-
lency the Governor, with the advice of Council, is here-
by authorized and requested to draw his warrant ac-
cordingly.

CHAP. XXXHI.

To the Honorable Senate and

House of Representatives :

Major General Jabez Hall, after more than twenty
years of valuable service in various stations of rank in
the Militia, has recently resigned his command of the
seventh division, and been honorably discharged. The
constitution devolves the duty of supplying the vacancy
upon the two Houses of the Legislature.

LEVI LINCOLN.

Council Chamber, February 28, 1 832.

106 MESSAGE.

CHAP. XXXIV.

To the Honorable Senate and

House of Representatives ;

I submit to your consideration, in compliance with a
request communicated to me by the Governor of Indi-
ana, a copy of a Resolution of the General Assembly of
that State, responding with approbation to certain Reso-
lutions of the Senate and House of Representatives of
the State of Delaware, in favor of a provision by Con-
gress, for compensation to all the Surviving Officers and
Soldiers, and the Militia, who bore Arms in the War of
the Revolution, and recommending " the passage of a
Law having for its object, a subject so congenial to the
wishes of a free and happy People, and at the same
time, so righteous and so loudly called for by Gratitude
and Justice."

Also a copy of another Resolution of the same Gen-
eral Assembly, conveying instructions to the Senators
and Representatives of that State in Congress, " to use
their exertions, both by their votes and influence, to
procure the passage of a Law providing for a more per-
fect and uniform organization of the Militia of the sev-
eral States of the Union, in pursuance of the Constitu-
tion of the United Slates." On this latter subject, I
have reason to believe, that a Committee of the House
of Representatives of Congress are maturing a Bill,
which if not already, soon will be reported.

LEVI LINCOLN.

Council Chamber, February 29, 1832.

MATTHEW METCALF. 107

CHAP. XXXV.

Resolve on the petition of Matthew Metcalf and others,

March 2, 1832.

On the petition of Matthew Metcalf and Elijah Fitch,
of Hopkinton, in the county of Middlesex, and Nathaniel
Rawson, of Milford, in the county of Worcester.

Resolved, That, for reasons set forth in said petition,
the said Matthew Metcalf be, and he is hereby authoriz-
ed and empowered, in his capacity of guardian to Elijah
Rawson, Obed Rawson, Cyrus Rawson, and Dennis
Rawson, minors and children of the said Nathaniel Raw-
son, to sell at private sale, all the right, title and interest
of the several minor children above named, being five un-
divided sixth parts of the following lots of land, subject
to the improvement of their father as tenant by the
courtesy, situate in Hopkinton aforesaid, to wit : one
certain parcel of land situate near the said Elijah Fitch's
house, containing, by estimation, forty acres, and is bound-
ed westerly by the road leading from Hopkinton to Hol-
liston, southerly by land of Abijah Ellis : easterly by land
of Carleton Corbett, and by land formerly owned by Eli-
sha Hayden, and northerly by land of Elisha Haven,
Simpson Jones, the heirs of John Adams, and by land of
the said Elijah Fitch.

Also one other parcel of land situate in the great Ce-
dar Swamp, (so called) containing by estimation sixteen
acres, and is bounded easterly by land of Nancy Fitch,
southerly by land of the heirs of Winslow Claflin, west-
erly by land of Joseph Valentine, John Claflin, Alanson
Briggs,and Ephraim Read, and northerly by land of Ma-

108 MATTHEW METCALF.

ry Valentine : and, by deed duly executed, acknowledg-
ed, and recorded, to convey the same to the said Elijah
Fitch, in as full and ample a manner as said minor chil-
dren could were they of full age ; and the proceeds there-
of, after deducting incidental charges, to reinvest in real
estate, situate in Hampton, in the county of Windham,
and state of Connecticut, and owned by the said Elijah
Fitch, and lies in common and undivided with the real
estate of said minor children, by a deed in the name of
i,aid minor children, and for the benefit of them and their
heirs and assigns, reserving for the said Nathaniel Raw-
son, the father of said minor children, the same right in
the land conveyed to said minor children, which he now
holds in their real estate, so that said minor children
shall have and hold, to them and their heirs and assigns,
said real estate, to be conveyed to them in the same way
and manner that they would have held the land herein
authorized to be sold and conveyed, if this resolve had
not passed. Provided, that the said Nathaniel Rawson,
the father of said minor children, assents thereto, and
joins in the conveyance of the property to the said Elijah
Fitch, and provided also, that the said guardian first give
bond to the judge of probate for the county of Middlesex,
with surety to the acceptance of said judge, for the faith-
ful performance and execution of the powers and author-
ity hereby given.

GEORGE WHITNEY. 109

CHAP. XXXVI.

Resolve on the Petition of George Whitney, guardian of

Ira Fuller.

March 2, 1832.

Resolved, For the reasons set forth in said petition,
that George Whitney, of Natick, in the county of Mid-
dlesex, guardian of Ira Fuller of said Natick, be, and
hereby is authorized, at any time within two months af-
ter the passing of this resolve, to make and file in the
Probate Office, in said county of Middlesex, his affidavit,
setting forth the time, place and manner in which he
gave notice of the sale of certain real estate of his said
ward situated in Natick, in said county of Middlesex,
and which he, the said George, was licensed to sell by
virtue of an order from the Supreme Judicial Court, be-
gun and holden at Boston, within and for the county of
Suffolk, on the second Tuesday of November in the year
of our Lord one thousand eight hundred and twenty nine,
and such reasonable notice being given to all persons in-
terested in such real estate, as the said judge of probate
shall order, to appear and shew cause, if any they have,
why such affidavit should not be filed as aforesaid, and
no such persons interested as aforesaid appearing and
shewing good cause to the contrary, such affidavit, being
so filed, shall be evidence of the time, place and manner
in which such notice of sale was given, and be as effect-
ual for all purposes as if the same had been made and
filed in said Probate Office within the time prescribed by
law.

110 LORA LATHROP.

CHAP. XXXVII.

Resolve on the petition of Lora Lathrop.
March 2, 1832.

On the Petition of Lora Lathrop, of West Springfield
in the county of Hampden, guardian of her children Hen-
ry Lathrop and Jere S. Lathrop, minors, praying for li-
cense to sell and convey the interest of said minors in
certain real estate.

Resolved, for the reasons set forth in said petition, that
the said Lora Lathrop be, and she is hereby authorized
and empowered to sell at public or private sale, and to
execute and deliver a deed or deeds to convey the inter-
est of the said Henry Lathrop, and Jere S. Lathrop, in
and to the following described real estate, lying in
West Springfield, devised to them by the will of the late
Rev. Joseph Lathrop, deceased, viz : one undivided moi-
ety of a lot of land lying in the first parish in said West
Springfield, bounded southerly on the highway, westerly,
partly on the highway, and partly on land of Samuel
Lathrop, northerly on land of said Samuel, and easterly
partly on land of said Samuel, and on the school house
lot, containing about three acres, with a dwelling house
thereon. Also, one undivided moiety of another lot of
land lying in Ball Swamp, so called, bounded southerly
on Agawam River, westerly on land of Elias Champion,
and easterly on land of Samuel Lathrop, containing
about three acres. Also one undivided moiety of a lot
of land in the Sands, (so called,) bounded northerly on
the highway, easterly on land of Bezaleel Howard, south-

STATE VALUATION. Ill

erly on Agawam river, and westerly on land of Simeon
Smith, containing about eight acres. Also one undivided
moiety of another lot of land at Gooseberry, (so called,)
bounded westerly by land of the heirs of Seth Lathrop,
deceased, northerly and easterly by land of Reuben
Champion, and southerly by land of Samuel Lathrop,
containing about six acres. Provided, that the other
coheirs of said estates, and the said Lora, shall, at the
same time, sell and convey their respective interests in
said parcels of real estate. And that the said Lora shall
first give bond with sufficient sureties to the judge of
probate for the said county of Hampden, that the pro-
ceeds of the interest of the said minors in said real es-
tate, shall be put at interest on good security, and the
interest or income thereof be appropriated and paid over
agreeably to the provisions of the will of said Joseph
Lathrop, deceased, under the direction of said judge of
probate.

CHAP, xxxvni.

STATE VALUATION.— 1831.

To the Hon. Senate and House of Representatives of the
Commonwealth of Massachusetts :

The Committee, appointed by an order of the last
Legislature, passed on the 6th day of June, 1831, con-
vened at the State House, in the city of Boston, on the
twenty-third day of November, attended by Charles
Calhoun, Esq. whom they had elected a clerk to keep a
journal of their proceedings, and proceeded to perform
the duties required by said order. ^^

112 STATE VALUATION.

The returns of the Assessors of the several towns and
districts within the Commonwealth, made in pursuance
of an act, passed the 19th day of March, 1831, entitled
*'an act to ascertain the ratable estates within this
Commonwealth," having been, by a provision of said
act, examined by clerks employed by the Secretary of
the Commonwealth, the Committee proceeded to esti-
mate the several items of taxable property so returned,
according to their true value, from the best information
in their power to obtain. The Journal of the Commit-
tee, which is herewith submitted, will furnish a complete
history of their proceedings. In exercising the discre-
tionary powers with which the Committee were invest-
ed, they have endeavored to proceed with great caution,
and they believe they have decided with mtegrity after
due deliberation.

They submit the following apportionment of the sum
of one thousand dollars on the several towns and dis-
tricts of the Commonwealth, as the ratio by which in
future they are to be assessed, for the consideration of
the Legislature.

By order of the Committee,

CHARLES WELLS, Chairman.

Boston, January 3d, 1832.

Commonwealth of Massachusetts,

In Senate, March 2, 1832.

The Joint Special Committee, to whom was recom-
mitted the Report of the Valuation Committee as amen-
ded by the two Houses, with instructions to report a
new apportionment of ^1000 tax, on the several towns
and districts, in conformity thereto have performed that

STATE VALUATION. 113

duty, and herewith report, in a new draft, the apportion-
ment of ^1000, agreeably to said instructions.
By order of the Committee,

SAMUEL P. LOUD.

In Senate, March 2, 1832.

Read and accepted.

Sent down for concurrence,

CHAS. CALHOUN, Clerk.

House of Representatives, March 2, 1832.
Accepted in concurrence.

L. S. CUSHING, Clerk.

VALUATION,

As amended by the Legislature, taken into a 7iew Draft,
and adopted March 2, 1 832.

COUNTY OF SUFFOLK.

Pay on ^1000
„ ,, „ » . inclucling Polls

Polls. Towns. ' Aggregates. at 1 1-4 mill

each.

14120 Boston 80,000,000 00 329 33

187 Chelsea 244,261 25 1 18

14307 ^80,244,261 25 ^30 51

114

STATE VALUATION.
COUNTY OF ESSEX.

Pay

on glOOO

inch

jding Polls

Polls.

Towns.

Aggregates. ^^^

1 1-4 mill
each.

633

Amesbury

472,177 89

2 64

1177

Andover

1,162,726 70

6 00

452

Bradford

369,531 83

2 00

222

B oxford

282,379 21

1 38

1048

Beverly

973,029 06

5 10

972

Danvers

1,518,763 73

7 14

336

Essex

322,297 99

1 67

1857

Gloucester

914,427 34

5 88

962

Haverhill

926,556 38

4 81

175

Hamilton

211,888 90

1 04

678

Ipswich

577,142 31

3 10

1639

Lynn

758,177 86

5 00

158

Lynnfield

116,751 19

1376

Marblehead

1,241,808 02

6 56

581

Methuen

432,102 70

2 41

170

Middleton

145,333 78

328

Manchester

260,605 25

1 42

841

Newbury

846,173 34

4 35

1469

Newburyport

2,165,967 28

10 28

598

Rowley

447,295 19

2 49

695

Salisbury

577,690 00

3 12

264

Saugus,

193,623 89

1 08

3194

Salem

8,515,091 75

37 18

239

Topsfield

361,022 08

1 70

153

Wenham

157,407 13

447

West Newbury

385,964 77

2 06

20664 ^24,335,935 57 ;Sfl20 64

STATE VALUATION. 115

COUNTY OF MIDDLESEX.

Pay

■ on glOOO

Polls.

Towns.

Aggregates. '';^|'

jdiug Polls
1 1-4 mill
each.

306

Acton

212,691 00

1 19

338

Ashby

266,285 00

1 44

215

Bedford

186,888 00

314

Billerica

368,612 00

1 78

126

Boxboro'

138,660 00

264

Brighton

399,371 00

1 85

158

Burlington

127,220 00

1580

Cambridge

1,732,048 00

8 57

155

Carlisle

155,333 00

2021

Charlestovvn

2,441,167 00

11 82

416

Chelmsford

355,751 00

1 89

481

Concord

499,874 00

2 50

418

Dracut

- 436,110 00

2 19

145

Dunstable

167,401 00

237

East Sudbury

240,888 00

1 22

552

Framingham

604,355 00

3 00

487

Groton

551,142 00

2 71

394

Holliston

309,392 00

1 67

491

Hopkinton

443,906 00

2 30

426

Lexington

372,405 00

1 95

164

Lincoln .

211,743 00

1 01

227

Littleton

219,566 00

1 11

1816

Lowell

2,401,288 00

11 40

530

Maiden

363,878 00

2 04

515

Marlborough

640,459 00

3 08

421

Medford

931,050 00

4 07

259

Natick

234,624 00

I 21

546

Newton

635,838 00

3 10

116 STATE VALUATiOiN.

COUNTY OF MWDLESEX— Continued.

Polls.

Towns.

Pay on glOOO

. .„„ including Polls

Aggregates. ^^ j jf^ ^j,,

each.

370

Pepperell

296,261 00

I 59

511

Reading

385,501 00

2 11

254

Sherburne

274,412 00

1 37

241

Shirley

220,772 00

1 14

412

South Reading

247,084 00

1 46

218

Stoneham

151,373 00

382

Sudbury

368,560 00

1 88

315

Stow

280,765 00

1 46

418

Tewksbury

. 333,597 00

1 80

218

Tyngsboro'

218,124 00

I 10

374

Townsend

282,827 00

1 55

469

Waltham

733,085 00

3 38

428

Watertown

549,237 00

2 61

323

West Cambridge

331,926 00

1 68

322

Weston

369,119 00

1 80

305

Westford

346,144 00

1 69

193

Wilmington

186,842 00

569

Woburn

455,030 00

2 44

20324

^21,682,609 00

;^107 93

Deduct

by vote of Legis-

•

latur

500,000 00

pi, 182,609 00
The proportion of the ^1000 payable on the ^500,000,
deducted from the aggregate, is deducted from the
towns in exact proportion.

STATE VALUATION. 117

COUNTY OF WORCESTER.

Pay

on 51000

Polls.

Towns.

Aggregates. in^""j)ing PoUs
°o ^ at 1 1-4 mill

each.

346

Athol

270,368 00

1.48

407

Ashburnham

253,215 00

1 49

671

Barre

621,499 00

3 27

182

Berlin

152,382 75

218

Boy Is ton

208,303 50

1 08

327

Bolton

288,110 50

1 52

620

Brookfield

548,774 60

2 92

521

Charlton

569,837 00

2 88

154

Dana

110,957 25

417

Douglas

316,448 00

1 76

521

Dudley

431,779 50

2 34

578

Fitchburg

406,879 75

2 31

297

Gardner

198,025 50

1 14

596

Grafton

551,189 25

2 90

426

Hardwick

476,185 00

2 39

417

Harvard

357,549 33

1 87

411

Holden

367,714 00

1 94

420

Hubbardston

314,467 00

1 75

491

Lancaster

375,452 50

2 07

444

Leicester

461,078 70

2 35

330

Lunenburg

307,202 20

1 60

506

Leominster

382,468 75

2 13

" No town"

voted not to value.

830

Mendon ,

762,548 05

4 01

508

Millbury

375,540 00

2 10

408

Milford

290,264 00

1 64

193

New Braintree

305,296 00

1 43

231

Northbridge

209,655 00

1 10

118 STATE VALUATION.

COUNTY OF WORCESTER— Continued.

Polls.

Towns.

Pay

, , inciu
Aggregates. ^^ j

on ^1000
iding Polls
I 1-4 mill

each.

283

Northboro'

261,016 50

1 37

380

North Brookfield

304,245 75

1 66

240

Oakham

230,579 83

1 20

491

Oxford, including Gores

594,038 20

2 92

175

Paxton

143,284 66

448

Petersham

444,605 50

2 30

261

Phillipston

260,372 50

1 34

313

Princeton

348,293 00

1 74

328

Royalston

340,598 00

1 74

331

Rutland

371,141 83

1 86

383

Southbridge

314,312 00

1 70

289

Southboro'

236,633 00

1 29

375

Shrewsbury

325,169 66

1 73

426

Spencer

391,959 00

2 07

471

Sterling

411,748 75

2 20

431

Sturbridge

461,710 00

2 34

467

Sutton

491,953 00

2 51

418

Templeton

378,358 00

2:01

302

Upton

278,514 58

1 46

440

Uxb ridge

607,921 50

2 93

172

Ward

162,592 00

378

Westborough

324,608 75

1 74

245

West Boylston

230,620 50

1 20

311

Western

312,936 00

1 62

430

Westminster

339,006 00

1 85

361

Winchendon

329,335 75

1 72

1231

Worcester, including an
unincorporated tract

adjoining

2,357,896 30

10 73

21,850

;^2 1,1 66,640 68 |fl09 77

STATE VALUATION. 119

COUNTY OF HAMPSHIRE.

Polls

Towns. 1

Pay

Aggregates, '"^l'

on 51000
uding Polls
1 1-4 mill

each.

605

Amherst

458,248 75

2 54

643

Belchertown

408,075 75

2 40

290

Cummington

217,149 38

1 20

325

Chesterfield

217,537 50

1 27

242

Enfield

192,083 00

1 05

168

Easthampton

107,048 25

149

Goshen

113,679 00

266

Granby

191,309 00

1 07

191

Greenwich

119,700 00

233

Hatfield

319,379 16

1 54

443

Hadley

345,217 33

1 90

206

Middlefield

166,343 00

186

Norwich

131,426 00

856

Northampton

805,245 50

4 22

248

Plainfield

181,674 00

1 02

222

Pelham

151,373 25

174

Prescott

120,991 00

317

Southampton

201,133 00

1 18

288

South Hadley

188,047 00

1 09

274

Worthington

261,608 00

1 36

209

Westhampton

163,524 00

342

Williamsburg

252,018 50

1 41

470

Ware

290,445 50

1 72

7347

^5,603,255 87 ^

^31 02

120 STATE VALUATION.

COUNTY OF HAMPDEN

Pa3

f on ;gI00O

. , inc

lading Polls

Polls.

Towns.

Aggregates. ^^

1 1-4 mill
each.

402

Blandford

331,579 00

1 79

387

Brimfield

403,732 00

2 05

355

Chester

213,153 65

1 27

379

Granville

277,358 00

1 56

116

Holland

82,941 00

305

Ludlow

285,423 08

1 49

327

Long Meadow

300,172 50

1 58

171

Montgomery

73,184 00

634

Monson

459,519 00

2 46

285

Palmer

256,428 00

1 36

126

Russell

74,005 67

333

Southwick

255,447 00

1 41

1522

Springfield

1,594,529 25

8 12

175

Tolland

124,943 00

780

West Springfield

781,840 75

4 02

676

Westfield

559,865 80

3 02

156

Wales

120,180 50

468

Wilbraham

354,040 00

1 95

7497

;^6,548,342 20

$3^ 88

COUNTY OF

FRANKLIN.

403

Ashfield

280,808 91

1 60

240

Buckland

151,507 50

217

Bernardston

186,046 75

244

Charlemont

157,808 00

459

Coleraine

331,327 60

1 87

STATE VALUATION. 121

COUNTY OF YRANKLIN— Continued.

Pay on glOCO

T. 11 m t . incIudiiiD; Polls

Polls. Towns. Aggregates. ^t i i.^n^ni

each.

388

Conway

400,256 00

2 05

460

Deerfield

525,162 72

2 63

194

Gill

148,085 00

374

Greenfield

429,993 50

2 15

265

Havvley

143,169 00

285

Heath

166,300 21

1 00

Irving's Grant

40,282 50

183

Leyden

114,850 00

214

Leverett

126,558 00

Monroe

31,108 50

274

Montague

167,537 00

434

New Salem

276,574 00

1 62

435

Northfield

403,922 25

2 12

214

Orange

197,889 00

1 04

193

Rowe

102,441 00

246

Shelburne

206,910 40

1 11

153

Sunderland

157,978 17

227

Shutesbury

129,681 00

297

Whately

206,858 54

1 18

214

Wendell

140,642 25

275

Warwick

228,602 20

1 23

7057

^5,452,300 00

^30 06

COUNTY

OF NORFOLK.

265

Bellinghani

217,877 33

1 18

483

Braintree

308,749 14

1 83

240

Brookline

552,326 50

2 46

375

Canton

347,465 50

1 82

122 STATE VALUATION.

COUNTY OF NOHYOLK— Continued.

Pai

/ on glOOO

. , inc

luding Polls

Polls.

Towns.

Aggregates. ^

I 1 1-4 mill
each.

3J1

Cohasset

250,115 05

1 36

802

Dedham

937,166 50

4 65

942

Dorchester

1,136,129 08

5 61

140

Dover

143,023 25

267

Foxboro'

161,993 00

882

Franklin

343,124 00

1 81

446

Medway

347,867 50

1 91

188

Medfield

189,649 00

398

Milton

462,370 95

2 31

344

Needham

261,566 00

1 46

564

Quincy

528,891 25

2 77

591

Randolph

419,612 50

2 38

1478

Roxbury

1,805,617 50

8 89

255

Sharon

227,693 42

1 20

457

S tough ton

277,146 91

1 65

731

Weymouth

512,088 05

2 91

357

"Walpole

296,739 16

1 53

621

Wrentham

501,899 50

2 74

10637

^10,229,111 09

;?53 15

COUNTY OF BERKSHIRE.

135

Alford

77,759 33

693

Adams

461,719 07

2 67

285

Becket

163,583 15

Boston Corner,

unincor-

porated

4,000 00

STATE VALUATION. 123

COUNTY OF BERKSHIRE— CowimwecZ.

Polls.

Towns.

Aggregates. '"^',

,' on glOOO
utling Polls
, 1 1-4 mill
each.

254

Cheshire

269,938 75

1 37

Clarksburg

30,675 50

199

Dalton

183,151 50

244

Egremont

159,762 62

113

Florida

42,019 00

581

Great Barrington

400,267 00

2 30

207

Hinsdale

160,727 62

265

Hancock

228,565 75

1 22

425

Lee

293,141 00

1 67

334

Lenox

260,685 28

1 43

284

Lanesborough

303,705 20

1 54

102

Mount Washington

49, 589 12

405

New Marlborough

269,793 00

1 56

New Ashford

51,856 75

233

Otis

118,226 00

844

Pittsfield

643,944 75

3 57

181

Peru

142,018 50

220

Richmond

196,418 50

1 04

550

Sheffield

456,760 00

2 46

223

Savoy

83,250 50

417

Sandisfield

333,522 00

1 83

Unincorporated land ad-

joining

6,074 00

364

Stockbridge

323,795 60

1 73

341

Tyringham

182,009 50

1 13

259

Windsor

149,070 00

330

West Stockbridge

175,471 60

1 09

183

Washington

85,973 00

488

Williamstown

414,802 75

2 24

124 STATE VALUATION.

COUNTY OF BERKSHIRE— Continued.

Polls.

Towns, •

Pay on glOOO

A . inciudinff Polls
Aggregates. ^^ j ^.f^ii,

each.

Gore West of same

12,372 00

Zoar, unincorporated

10,000 00

9375

^6,744,648 34

;^38 00

COUNTY OF BRISTOL.

748

Attleborough

547,448 00

3 07

208

Berkley

145,686 75

889

Dartmouth

660,589 68

3 69

399

Dighton

268,647 49

1 54

473

Easton

340,036 75

1 91

697

Fairhaven

703,719 75

3 62'

439

Freetown

302,675 42

1 73

269

Mansfield

202,659 00

1 13

1746

New Bedford

3,257,097 40

14 85

341

Norton

379,568 75

1 92

335

Pawtucket

251,510 95

1 40

278

Rajnham

209,316 75

1 17

565

Rehoboth

414,442 00

2 33

482

Seekonk

323,304 26

1 86

235

Somerset

178,881 00

384

Swanzey

275,696 25

1 55

1445

Taunton

1,450,323 23

1 46

956

Troy

932,060 50

4. 82

638

Westport

503,272 40

2 76

11527

^11,346,916 33

^58 62

STATE VALUATION. 125

COUNTY OF BARNSTABLE.

Pay on 51OOO

Polls.

Towns.

Aggregates. '

Deluding Polls

at 1 1-4 mill

each.

914

Barnstable

546,449 09

3 27

327

Brewster

173,735 47

1 08

490

Chatham

209,646 30

1 43

579

Dennis

250,664 91

1 70

222

Eastham

82,194 33

634

Falmouth

562,878 66

2 99

566

Harwich

160,824 66

1 33

442

Orleans

134,999 82

1 08

457

Provincetown

192,015 00

1 32

774

Sandwich

638,294 44

3 46

419

Truro

106,016 50

515

Wellfleet

124,374 52

1 13

523

Yarmouth

317,906 30

1 89

6862

;^3,500,000 00

;^22 21

COUNTY OF DUKES.

185

Chilmark

183,364 75

0 95

490

Edgartown

178,305 00

1 31

347

Tisbury

172,497 00

1 10

1022

^534,166 75

$3 36

COUNTY OF NANTUCKET.

1656 Nantucket ^3,895,288 40 ^17 25

126 STATE VALUATION.

COUNTY OF PLYMOUTH.

Polls;

Towns.

P?3

incl
Aggregates. ^^

, on glOOO
ludiiig Polls
1 1-4 mill
each.

680

Abington

359,082 75

2 26

440

Bridgewater

347,786 87

1 90

254

Carver

153,085 25

622

Duxbury

449,113 30

2 53

409

East Bridgewater

265,018 16

1 52

237

Hanson

164,427 25

879

Hmgham

641,907 27

3 60

Hull

58,100 85

219

Hanover

254,178 33

1 26

195

Halifax

117,330 36

343

Kingston

277,477 50

1 51

398

Marshfield

351,022 25

1 87

1311

Middleboro'

789,309 17

4 72

463

North Bridgewater

■ 272,972 97

1 64

456

Pembroke

236,505 35

1 36

1093
231
818

Plymouth
Plympton
Rochester

1,025,767 50
133,677 75
464,077 61

5 36
81

2 83

798

Scituate

681,573 25

3 66

434

Wareham

315,828 00

I 77

240

West Bridgewater

218,690 32

1 15

10466

$7,576,932 06

^42 60

AGGREGATES.

127

COUNTY AGGREGATES, &c.

Counties.

Polls, 1831.

Aggregate 1831.

Proportion
of glOOO.

Suffolk

14,307

80,244,261 25

330 51

Essex

20,664

24,335,935 57

120 64

Middlesex

20,324

21,182,609 00

107 93

Worcester

21,850

21,166,640 68

109 77

HaQipshire

7,347

5,603,255 87

31 02

Hampden

7,497

6,548,342 20

34 88

Franklin

7,057

5,452,300 00

30 06

Berkshire

9,375

6,744,648 34

38 00

Bristol

11,527

11,346,916 33

58 62

Norfolk

10,637

10,229,111 09

53 15

Barnstable

6,862

3,500,000 00

22 21

Dukes

1,022

534,166 75

3 36

Nantucket

1,656

3,895,288 40

17 25

Plymouth

10,466

7,576,932 06

42 60

150,591 ^208,360,407 54 ^1000 00

CHAP. XXXIX.

Resolve appointing Messrs Adams and Hudson, Publish-
ers of the Laws.

March 7, 1832.

Resolved, That Messrs Adams and Hudson, be, and
they are hereby appointed, publishers of the Laws and
Resolves, and other Acts of the Legislature of this

128 MESSAGE.

Commonwealth, with authority officially to promulgate
the same in the Columbian Centinel and New England
Palladium Newspapers, published in the city of Boston,
for one year from the first day of February A. D. 1832,
and until another publisher of the laws shall be appoint-
ed in their stead. Provided, the said Adams and Hud-
son, cause the said Laws, Resolves and Acts, to be pub-
lished in a faithful manner and with all reasonable de-
spatch.

Be it further Resolved, That the compensation which
shall and may be allowed, to said Adams and Hudson,
for publishing as aforesaid, shall not exceed the usual
rate of compensation heretofore granted for similar
services.

CHAP. XL.

CONFIDENTIAL.

To the Honorable Senate and

House of Representatives :

The accompanying communication from the Governor
of Maine, with a copy of resolutions adopted by the
Legislature of that State, on the subject of the territory
in "controversy between the United States and Great
Britain, on our North Eastern Border, and involving
questions of state sovereignty, and the especial right
of property, which this Commonwealth claims in the
soil of the disputed country, are herewith submitted to

OSEE ADAMS. 129

you, for that advice and action thereon, on the part of
this Government, which is the expressed object of their
transmission to me.

LEVI LINCOLN.

State House, Boston, March 7, 1832.

CHAP XLI.

Resolve in favor of O see Adams and Tho. Durkee.

March 8, 1832.

On the petition of Osee Adams and Thomas Durkee,
prajing that they may be reimbursed by the Common-
wealth for expenses incurred by them in prosecuting cer-
tain persons for violating two graves, removing the re-
mains of said Durkee's daughter from one of said graves,
and the remains of said Adams' brother from the other.

Resolved, That there be allowed and paid, out of the
Treasury of the Commonwealth, to Osee Adams the sum
of eighty dollars and forty two cents, and to Thomas
Durkee the sum of eighty nine dollars and thirty three
cents, for the reasons above set forth : and His Excellen-
cy the Governor, with the advice of the Council, is here-
by authorized and requested to draw his warrant accord-
ingly-

ISO STATE PRISON.

CHAP. XLII.

Resolve in relation to the State Prison.

March 9, 1832.

Resolved, That His Excellency the Governor, with
the advice of the Council, be and he is hereby authorized
and requested to cause such additions to be made to,
and such alterations within the Warehouse at the State
Prison, in Charlestown, as will render it a convenient
building for the residence of the Warden, and to draw
his warrant, on the treasurer of the Commonwealth, for
a sum not exceeding twenty-five hundred dollars to de-
fray the expenses thereof.

Resolved, That His Excellency the Governor, with
advice of the Council, be, and he is hereby author
ized and requested to draw his warrant on the treasurer
of this Commonwealth, in favor of the warden of the
State Prison, for such sum or sums as may be necessary
to pay the deficit in the income of the prison for the
year ending the first day of October last, and to defray
the contingent expenses of the prison for the present
year, not exceeding in the whole the sum of one thou-
sand dollars.

Resolved, That there be allowed and paid to Jared
Curtis, the chaplain of the State Prison, out of the trea-
sury of this Commonwealth, the sum of one hundred
and fifty dollars, as additional compensation for his ser-
vices from the first day of October last to the first day
of April next, if he should so long discharge those duties,
and the Governor with advice of the Council is request-
ed to draw his warrant accordingly.

GURDON STEELE. 131

CHAP. XLIII.

Resolve on Petition of Nathan Harding.

March 9, 1832.

Resolved, that, for reasons set forth in said petition,
there be allowed and paid to Nathan Harding of Well-
fleet, in the county of Barnstable, the sum of one hun-
dred dollars, for services rendered by him to his country
during the war of independence ; and that His Excellen-
cy the Governor, by and with the advice of the Council,
is requested to draw his warrant on the treasurer for the
abovementioned sum.

CHAP. XLIV.

Resolve in favor of Gurdon Steele.
March 9, 1832.

On the petition of Gurdon Steele, praying that a re-
ward may be allowed and paid him for prosecuting one
Orange Fifield in the city of Boston, for altering and pas-
sing certain bills of the North Bank.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Gurdon Steele, for
the reasons above set forth, the sum of sixty dollars ; and
His Excellency the Governor, with the advice of the
Council, is hereby authorized and requested to draw his
warrant accordingly.

132 COUNTY TAXES.

CHAP. XLV.

Resolve granting Taxes for the several Counties.
March 9, 1832.

Whereas the treasurers of the following counties have
laid their accounts before the Legislature, which ac-
counts have been examined and allowed, and the clerks
of the county commissioners for the said counties have
exhibited estimates, made by said commissioners, of the
necessary charges which may arise within their respec-
tive counties, for the year ensuing, and of the sums ne-
cessary to discharge the debts of said counties :

Resolved^ That the sums annexed to the several coun-
tieSjUn^the following schedule, be, and the same here-
by are granted, as a tax for each county respectively, to
be apportioned, assessed, paid, collected, and applied,
for the purposes aforesaid, according to law, viz. :

The county of Norfolk, thirteen thousand dol-
lars, ;^13,000

The county of Hampshire, seven thousand five

hundred dollars, .... 7,500

The county of Plymouth, six thousand five

hundred dollars, ... . • 6,500

The county of Worcester, sixteen thousand

dollars, . . . . . 16,000

The county of Franklin, six thousand dollars, 6,000

The county of Berkshire, eight thousand dol-
lars, 8,000

The county of Barnstable, four thousand three

hundred dollars, .... 4,300

JOHN S. TYLER. 133

The county of Dukes County, seven hundred

and fifty dollars, .... 750

The county of Hampden, six thousand dollars, 6,000

The county of Essex, fifteen thousand dollars, 15,000
The county of Middlesex, fourteen thousand

dollars, ..... 14,000
The county of Bristol, fourteen thousand dol-
lars, ..... 14,000

CHAP. XLVI.

Resolve on the petition of John S. Tyler, Guardian.
March 13, 1832.

On the petition of John S. Tyler, of Boston, in the
county of Suffolk, gentleman, in his capacity of guardian
to his brothers, George P. Tyler, Charles T. Tyler,
Thomas P. Tyler, and Abiel W. Tyler, mmors, under
the age of twenty -one years, children of Royall Tyler,
Esq. deceased, and dwelling in Brattleborough, in the
state of Vermont.

Resolved, for reasons in said petition set forth, that
the said John S. Tyler, as guardian as aforesaid be, and
he hereby is authorized and empowered, to make, sign,
seal and deliver, and duly acknowledge one or more
deed or deeds, wherein and wherebv to alien, bargain,
sell and convey, unto Samuel Hammond, of said Bos-
ton, merchant, or to such other person or persons, as he,
the said John S. Tyler, shall think proper, all the legal
title, interest, and estate of said minor children, in and
to their respective shares, as tenants in common, with

134 JOHN S. TYLER.

other children of the said Royall Tjler, Esq. in certain
lands and tenements situate in said Boston, and bounded
and described as follows : southerly by North Market
street, there measuring Tabout forty feet, westerly by
Conduit alley, so called, as the same was laid out in the
year of our Lord eighteen hundred and twenty-three,
and land at that time used as a public highway, there mea-
suring about forty-two feet, northerly by the front line of
the above named Samuel Hammond's warehouse, as the
said warehouse stood in the said year of our Lord eigh-
teen hundred and twenty-three, there measuring about
forty-feet, and easterly on other land now in the posses-
sion of the said Samuel Hammond, there measuring
about forty-two feet, of which described premises the
said minors are in said petition stated to be seized and
entitled to four undivided tenth parts of eight undivided
thirty-sixth parts. Provided ahvmjs, That before the
said John S. Tyler, as such guardian, shall execute any
deeds pursuant to the authority hereby given, he shall
make and execute in due form of law, a bond, with suffi-
cient suretfes or surety, (to the acceptance of the Judge
of Probate of the county of Suffolk,) to the said judge, in
such penalty as the said judge may require, with condition
that the said John S. Tyler shall well and truly account
for the purchase money which he may receive as the
consideration for the conveyance of the said shares of
said minors ;— and which condition shall be in the like
form which is required by law, and to the same effect as
when guardians are empowered by the judicial courts to
make sale of the real estate of minors.

LUCY SAWYER. 135

CHAP. XLYII.

CONFIDENTIAL MESSAGE.

To the Honorable Senate, and

House of Representatives :

I hasten to convey to the Legislature information
that I am officially advised by His Excellency the Gov-
ernor of Maine, that the injunction of secrecy imposed
by the Legislature of that State upon their proceedings
in relation to the Territory North and East of the Rivers
St. John's and St. Francis, confidentially communicated
to this Government, has been removed.

LEVI LINCOLN.

Council Chamber, March 13, 1832,

CHAP. XLVIIL

Resolve authorizing Lucy Sawyer to sell and convey
certain real estate.

March 14, 1832.

On the petition of Lucy Sawyer, administratrix of
the estate of Amory Sawyer, late of Berlin, in the coun-
ty of Worcester, deceased, and of William Sawyer of
said Berlin, praying that said administratrix may be li-
censed to sell certain real estate of said deceased to said
William,

136 PUBLIC LANDS.

Resolved, That said Lucy Sawyer be, and she hereby
is authorized and empowered, as administratrix as afore-
said, to sell at public or private sale, and to convey to said
William Sawyer his heirs and assigns about ninety-one
rods of land situated in said Berlin, bounded southeaster-
ly on the county road leading from Berlin to Boylston,
southwesterly on land of James Goddard, and otherwise
on land of Jonathan D. Meriam ; and such conveyance
made by the said Lucy Sawyer by virtue of this Resolve
shall operate as a good and valid conveyance of the
premises : Provided, that said Lucy Sawyer be held to
answer and account for the proceeds of such sale as ad-
ministratrix as aforesaid.

CHAP. XLIX.

Resolve relative to the Sale of Public Lands.

March 14. 1832.

The Committee on public lands to whom was referred
so much of His Excellency's message of the 9th ult. as
relates to an extension of authority to the Land Agent
for selling the lands in the State of Maine belonging to
this Commonwealth, have attended to the duty assigned
them and respectfully report the following resolve.

A. H. EVERETT, Chairman.

Resolved, That the Land Agent be and he is hereby
authorized and empowered to sell the townships of land
belonging to this Commonwealth situate and lymg in

PAY OF CLERKS. 137

the State of Maine South of the Monument line and
North and North west of Bingham's Kennebec purchase,
and to make and execute good and sufficient deeds of
the same, and of such other lands in said State of Maine
as this Commonwealth is holden to convey by the terms
of any previous contract. Provided, however^ that the
aggregate of sales authorized by this resolve shall not
exceed the number of six townships.

CHAP. L.

Resolve for the pay of the Clerks of the Legislaturet
March 14, 1832.

Resolved, That there be paid out of the Treasury of
this Commonwealth, to the clerk of the Senate, eight
dollars per day ; to the clerk of the House of Represen-
tatives ten dollars per day ; and to the Assistant Clerk
of the Senate six dollars per day, for each and every day's
attendance they have been or may be employed in that
capacity during the present session of the Legislature ;
and that there be further paid to the clerk of the Senate,
and the clerk of the House of Representatives one hun-
dred dollars each for copying the Journals for the Libra-
ry, as required by the orders of the two branches of the
Legislature : and His Excellency the Governor is re-
quested to draw his warrant accordingly.
18

138 LEVI PARSONS.

CHAP. LI.

Resolve for Contingent Funds.

March 14, 1832.

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 the govern-
ment, and to be disposed of as the Governor and Council
may direct ; the amount thereof not to exceed one thou-
sand dollars ; and the Secretary shall account to the Le-
gislature for the same ; and His Excellency the Govern-
or is authorized to draw his warrant therefor.

CHAP. LH.

Resolve on the Petition of Levi Parsons.

March 14, 1832.

On the petition of Levi Parsons of Conway in the
county of Franklin, praying for authority to sell and con-
vey certain real estate held by him and his wife for the
term of their lives, and the life of the survivor, and the
remainder in fee by his children, some of whom are mi-
nors ; and invest the proceeds thereof in other real es-
tate of equal value in the territory of Michigan.

LEVI PARSONS. 139

Resolved, for the reasons set forth in the said petition,
that the said Levi Parsons and Philinda Parsons his wife
and the survivor of them be, and they are hereby author-
ized and empowered, to sell at public auction or private
sale, and make and execute good and sufficient deed or
deeds to convey, the farm of land in said Conway on
which they now live, and which, by the last will and
testament of Joel Parsons late of said Conway, deceas-
ed, was devised to them the said Levi and Philinda for
their lives, and the life of the survivor of them ; and the
remainder to Frederick Parsons, Joel C. Parsons, Juliann
Parsons, Nancy Parsons, Dwight Parsons, Franklin Par-
sons, Samuel W. Parsons, Ruth Parsons, Philander Par-
sons, and Louis Parsons, children of the said Levi and
Philinda in fee ; provided the said children shopld, in one
year after the decease of the said Joel, pay to Laura Root
his daughter two hundred dollars, and to Jonathan Root
his grandson, one hundred dollars, which deed, so execu-
ted by the said Levi and Philinda, or the survivor of
them, shall have the full effect to pass to the purchaser
or purchasers, his or their heirs and assigns forever, all
the right, title and estate which the said Joel held in the
premises at his decease ; the said Levi and Philinda, be-
fore making such conveyance, and before the expiration
of one year from the decease of the said Levi, paying to
the said Laura the said sum of two hundred dollars, and to
the said Jonathan the said sum of one hundred dollars;
and the said Levi, or in case of his decease before the
execution of the power herein granted, the said Philinda,
first giving bond to the judge of probate for said county
of Franklin, in a sum to be approved of him with one or
more surety or sureties of sufficient ability, to invest the
avails of the said sale, after deducting the amount so paid
to the said Laura and Jonathan, in real estate, in the

140 MARGARET B. ELIOT.

territory of Michigan, taking to them the said Levi and
Philinda an estate therein for their lives and the life of
the survivor, and to their said children an estate in remain-
der in fee simple. Provided those of their said children,
who are of competent age to make a deed, shall first, by
an instrument or instruments in writing, under their hands
and seals, duly acknowledged as their deed, and record-
ed in the Registry of Deeds for said county of Franklin,
declare their approbation and acceptance of this Resolve.

CHAP. LIII.

Resolve authorising Margaretta B. Eliot to convey real

estate.

March 14, 1832.

On the Petition of Margaretta B. Eliot of Boston, in
the County of Suffolk, Guardian of Samuel Eliot, Will-
iam P. Eliot and Margaret B. Eliot minor children of
William H. Eliot, late of said Boston Esquire, deceased,
and for the reasons therein set forth :

Resolved, That the said Margaretta B. Eliot, guardian
as aforesaid, be and she hereby is authorized and empow-
ered to convey by her deed to the Proprietors of Tre-
mont House, a corporation established by the Legislature
of this Commonwealth, all the right, title, interest and es-
tate of said minor children in and to the land and buil-
dings situate in said Boston commonly known as and call-
ed Tremont House, and to receive therefor and as the full
consideration of said conveyance, to hold as guardian of

PUBLIC LANDS. 141

«aid minors stock in the said corporation to the amount of
and in proportion to the share of said land and buildings
so by her conveyed to said corporation : Provided the
said guardian shall first give bond with sureties sufficient
and satisfactory to the Judge of Probate for the county
of Suffolk, for the faithful performance of all things usu-
ally required by law in like cases.

CHAP. LIV.

Resolve relative to the sale, disposition, and management
of the Public Lands.

March 14, 1832.

The joint committee on public lauds, to whom was
referred the report of the commissioners of this Com-
monwealth, and of the State of Maine, appointed for the
purpose of agreeing upon a system for the sale, disposi-
tion, and management of the public lands belonging to
this Commonwealth and the said State, have examined
said report, and recommend the adoption of the follow-
ing resolve.

Which is respectfully submitted,

A. H. EVERETT, Chairman.

Resolved, That the agreement reported by said Com-
missioners be, and the same is hereby accepted, ratified,
and confirmed. And His Excellency the Governor is
requested to transmit a copy of this resolve to the Gov-
ernor of the State of Maine.

142 STATE HOUSE.

CHAP. LV.

Resolve in relation to the procuring of an uniform system
of Bankruptcy, by the Congress of the United States.

March 14, 1832.

Resolved, That the Senators of this Commonwealth
in Congress be, and they hereby are instructed, and the
Representatives of the several districts be, and they
hereby are requested, to promote the passage of a law,
at the present session of Congress, providing for the es-
tablishment of an uniform system of bankruptcy.

Resolved, That His Excellency the Governor be, and
he hereby is requested to cause to be forwarded, to each
of the Senators and to each of the Representatives of
this Commonwealth in Congress, an attested copy of the
foregoing resolution.

CHAP. LVI.

Resolve for the pay of the Superintendant of Repairs on
the State House.

March 14, 1832.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to the Hon. Charles
Wells, in full for his services as superintendant of repairs
on the dome and pediment cornice of the State House,

OLIVER WETHERBY. 143

and also as superintendant of the erection of the fire
proof edifice on the northern front of the State House,
the sum of six hundred and twenty-five dollars ; and
His Excellency the Governor is hereby authorized and
requested to draw his warrant accordingly.

CHAP. LVH.

Resolve in favor of Oliver Wetherhy.
March 15, 1832.

On the petition of Oliver Wetherby, praying that he
may be reimbursed for a loss sustained by him in fulfill-
ing a contract for furnishing lumber for the Lunatic Hos-
pital, in the town of Worcester.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to Oliver Wetherby,
for reasons set forth in his petition, the sum of one thou-
sand and eighty-eight dollars, and His Excellency the
Governor, with the advice of the Council, is hereby au-
thorized and requested to draw his warrant accordingly.

144 CHARLES EWEK,

CHAP, LVHL

Resolve on the petition of Charles Ewer,
March 15, 1832.

The Joint Committee on public lands, to whom was
referred the petition of Charles Ewer, representing that
he purchased seven hundred acres of land of this Com-
monwealth in township No. 3, on the West side of Pe-
nobscot River by deed dated 24th January, 1828, and
that, in consequence of an uncertainty as to the North
and South lines of said township, the land sold him is
claimed by the Trustees of the Maine Literary and The-
ological Institution, he is unable to obtain possession of
the^land conveyed to him, and prays to be remunerated
for the damages he has sustained.

The Committee have examined the documents pre-
• sented, from which it appears probable, that an error
exists in identifying the lines of said township, and that
said petitioner may consequently sustain a loss of the
land— We, therefore, ask leave to report the following
resolve, which is respectfully submitted,

A. H. EVERETT, Chairman.

Resolved, That the Land Agent be, and he is hereby,
authorized and directed to inquire into the facts relative
to the lines of township No. 3, on the west side of Pe-
nobscot river, and ascertain whether the land conveyed
to said Ewer, has been otherwise disposed of, and, if so,
make a conveyance of other lands to said Ewer as an
equivalent therefor.

MESSAGE. 145

CHAP. LIX.

Resolve respecting the Accounts of the State Printer.

March 15, 1832.

Resolved, That the Treasurer of the Commonwealth
be authorized and required to examine and audit the ac-
counts of the State Printer, if presented by him, once in
every three months — and His Excellency the Governor
is hereby requested to draw his warrant for the payment
of the same, if, upon examination, they are found to be
correct.

CHAP. LX.

To the Honorable Senate,

and House of Representatives :

Immediately upon receiving the request to me by the
two Houses of the Legislature, to apply to the Execu-
tive of Maine, for a communication of the correspond-
ence which he had had with the Government of the
United States, and with the agent of that State, upon
the subject of a negociation for a cession of the territo-
ry North East of the St. Johns, I despatched, by a spe-
cial messenger, a Letter addressed to His Excellency
the Governor, a copy of which is herewith transmitted,
for your notice. This messenger returned the last

146 MESSAGE.

night with an answer, which also accompanies this
communication.

From this correspondence, it will painfully be percei-
ved, that the only ground of the proceedings of the Go-
vernment of Maine, which were confidentially commu-
nicated by the Letter of the Governor of the 5th inst.,
covering the Resolutions of the Legislature, approved
by him, was in Letters from Mr. Preble, the Agent of
that State at Washington, expressing his opinion in re-
gard to the expediency of the proposed arrangement,
and that of the Representatives of that State in Con-
gress, in Letters addressed to him, which opinions were
formed from circumstances unofficially within their
knowledge, and that these communications are now
considered by the Governor, so far private and confiden-
tial, that he does not feel himself authorized to make
them public, without the permission of the persons from
whom they were received. He has therefore declined
affording the information which was sought by the or-
der of the Legislature.

We are thus left without any knowledge of the change
of circumstances, which has mduced to the recent un-
expected and extraordinary manifestation of change of
sentiment and policy, on this most interesting subject,
in the State of Maine. We learn, neither, by what au-
thority a proposition to negociate for the Territory is
made; nor the terms which are to form the basis of
such negociation ; nor who are to be the parties to it ;
nor how far the compromise which may be contemplat-
ed is within the constitutional power of the National
Executive, with or without the consent of the States.
Maine asks from us no consent or countenance to the
bargain, which is now offered. Indeed, it cannot es-
cape remark, that in the leading Resolutions of her Le-

MESSAGE. 147

gislature in reference to this subject, a joint concern in
Massachusetts, even in the disposition of the property
in the lands, is no otherwise adverted to, than by an ad-
monition contained in the resolution which proposes
notice to us of the intention to negociate, that we may
take charge of our own interest. The remembrance of
former relations is no longer invoked. No appeal is
made to a sense of mutual interest ; to the principles of
liberality, of magnanimity, and of friendly regard to a
Sister State ; — nor is the generous, disinterested, and
spirited response, which was given to that appeal for aid
and co-operation, in the defence of the rights of jurisdic-
tion and State sovereignty, acknowledged or recognized.
Under all these considerations, I respectfully submit to
you, that no further proceedings here, are, at this time,
required, for the dignity, honor, or interest of the Com-
monwealth. The deliberate and explicit opinions ex-
pressed by the Legislature upon the whole subject mat-
ter, at an earlier period in the session, fully assert the
rights of the State in the property in question, and a
confidence in the obligation of the National Govern-
ment to defend us in its possession and enjoyment.
The Resolutions, which were then passed, are in the
hands of our Senators and Representatives in Congress,
who will not fail to have the first notice of any hazard
to our true interest, and faithfully to advise to the most
effectual measures for its protection.

LEVI LINCOLN.
Council Chamber^

March Mth 1832.

148 MESSAGE.

CHAP. LXI.

Resolve on the petition of Abraham, Randall.

March 19, 1832.

Resolved, that there be allowed and paid, out of the
treasury of this Commonwealth, to Abraham Randall, on
account of services rendered by him as a soldier of the
Revolution, the sum of one hundred dollars ; and that
His Excellency the Governor, with advice of Council,
be requested to draw his warrant on the treasury for the
said sum ; and further, that His Excellency be authoriz-
ed and requested to place the same in the hands of the
Rev. Thomas Gray, D. D. of Roxbury, to be by him dis-
bursed for the relief of the petitioner and his family as
their necessities may require.

CHAP. Lxn.

To the Honorable Senate and

House of Representatives :
I herewith lay before the Legislature a letter, just
now received by me, from His Excellency the Governor
of Maine, with an accompanying Report and Resolu-
tions adopted by the Legislature of that State, wherein
the payment over, by this Government, of the sum of
seven thousand, seven hundred and sixteen dollars and
eight cents, on account of the money received of the
General Government towards the payment of the Mas-

MESSAGE. 149

sachusetts Claim is requested. It appears from these
Documents, that this requirement is founded on a con-
struction now given to the third Article of the first Sec-
tion of the Act of Separation, which respects the distri-
bution of the money which may be received on account
of the claim, and the fact, that, from the money already
paid, this State has retained an indemnity for the expen-
ses she has actually incurred in its prosecution, with in-
terest upon the advances made for this purpose, togeth-
er with an estimated sum to meet some yet unsettled ac-
counts and future probable charges. Maine demands
one third of all the money received, without any deduc-
tion for expenses, and insists that these are wholly to
be borne at the charge of Massachusetts. This con-
struction of her right is the more unexpected, from the
fact, to which I feel it my duty to advert, that the
Legislature of that State, on the 8th of March, 1831,
passed a Resolve, authorizing the Governor and Coun-
cil of Massachusetts, to examine and settle the claim of
General King, for services performed by him in prose-
cuting the Massachusetts Claim, at Washington, and to
pay the same from the general fund. His claim ivas sub-
sequently presented for settlement here, and, by a refer-
ence of it, by the Legislature of this State, to the Gov-
ernor and Council, would have been immediately there-
upon adjusted, but for a difficulty which occurred in sa-
tisfactorily ascertaining the just amount, when it was
voluntarily withdrawn.

The sum retained from the common fund on account
of expenses is stated in a particular exhibit of payments
and interest, and an estimate for contingent liabilities
and future charges, filed in the office of the Treasurer
of the Commonwealth, a copy of which was furnished to
the Executive of Maine. LEVI LINCOLN.

Council Chamber, March 20th, 1832.

150 CHARLES PEABODY.

CHAP. Lxni.

Resolve on the Petition of Charles Peabody.

March 22, 1832.

Resolved, for reasons set forth in said petition, that
Charles Peabody, of Boxford, in the county of Essex,
administrator on the estate of Thomas Dewksbury, late
of said Boxford, deceased, intestate, be and he hereby is
authorized and empowered, to account for such balance
of said estate, as may be found in his hands upon a final
settlement of the accounts of his administration thereof,
by paying such balance, and the legal interest thereof, to
Harriot Perley, of said Boxford, a minor, when she shall
arrive at twenty-one years of age. And her receipt, or
in case of her decease, the receipt of her legal repre-
sentatives, shall be a sufficient discharge therefor : Pro-
vided, that the said Charles Peabody shall duly file his
bond, with sufficient sureties, in the office of the Judge of
Probate for said county, conditioned for the payment of
said balance and interest, agreeably to the provisions of
this resolve, in like manner as other trustees are by law
obliged to do.

ABRAHAM G. RANDALL. 151

CHAP. LXIV.

Resolve on the petition of Abraham G. Randall, for au-
thority to sell and convey certain real estate of his wife,
Elizabeth C. Randall, a minor.

March 22, 1832.

Resolved, for the reasons set forth in said petition,
that Abraham G. Randall, of Millbury, in the county of
Worcester, the husband of Elizabeth C. Randall, a mi-
nor, be and he is hereby authorized and empowered to
sell, at private or public sale, the one undivided eleventh
part of tv^'o dwelling houses, and the land adjacent
thereto, situate in Central Court, in the city of Boston,
which was devised to her in and by the last will and
testament of Isaiah Thomas, Esq. late of Worcester, in
the county of Worcester, deceased, and to make and ex-
ecute, a good and sufficient deed thereof, to the purchaser
or purchasers.

152 JOHN STONE.

CHAP. LXV.

Resolve on the petition of John Stone, Guardian, ^c.for
permission to perpetuate evidence of notice of the sale
of certain real estate.

March 22, 1832.

Resolved, for reasons set forth in said petition, that
John Stone, of Hopkinton, in the county of Middlesex,
Guardian of Milton Claflin, a minor, be and he hereby is
authorized, at any time within three months from and
after the passage of this resolve, to make and file in the
Probate office of said county, his affidavit, setting forth
the time, place and manner, in which he gave notice of
the sale of certain real estate of said minor, situated
in Framingham, in said county, which the said John
Stone w^as authorized to sell by virtue of a license of
the Supreme Judicial Court ; and such reasonable notice
being given to all persons interested in such real estate,
as the Judge of Probate shall order, to appear and shov/
cause, if any they have, why such affidavit should not be
filed as aforesaid, and no such persons interested as
aforesaid appearing and shewing good cause to the con-
trary, such affidavit, being so filed, shall be evidence of
the time, place and manner, in which such notice of sale
was given, and be as effectual for all purposes, as if such
affidavit had been made and filed in said Probate office
within the time prescribed by law.

JOHN TIDD. 153

CHAP LXVI.

Resolve on the Petition of John Tidd, Guardian of sun-
dry minors.

March 22, 1832.

On the petition of John Tidd of Woburn, in the Coun-
ty of Middlesex, in his capacity of Guardian to Henry
Tidd, Mary Tidd, Samuel Tidd and Pliny Tidd, minors
under the age of twenty one years, and children of Sam-
uel Tidd, late of said Woburn deceased.

Resolved, for reasons in said petition set forth, that the
said John Tidd, as Guardian as aforesaid, be and he is
hereby authorized and empowered by his deed duly ex-
ecuted and acknowledged to sell and convey to the Boston
and Lowell Rail Road Company, a Corporation by the
laws of this Commonwealth, at a rate not less than thirty
dollars an acre, all the right, title and interest of said mi-
nors in and to a portion of the lot of land, not exceeding
two acres, which lot is bounded as follows, viz : norther-
ly by the county road, westerly by lands of the same
minors and other tenants in common; southerly by land
of Joshua and Luther Converse, and easterly on land of
Bartholomew Richardson and Francis Johnson, contain-
ing about four acres, and situate in the easterly part of
Woburn aforesaid.

Resolved, that the said John Tidd shall have like pow-
er and authority to sell and convey, by deed duly execu-
ted and acknowledged, at a rate not less than thirty five
dollars an acre, to the corporation aforesaid, all the right
title and interest of the minors aforesaid, in and to a por-
tion of another lot of land, situate in the westerly part

154 JOHN TIDD.

of Woburn, not exceeding two acres of the same, which
lot is bounded as follows, viz. northerly on land of
Joseph W. Beers, and the dower estate of Mary Tidd,
westerly on land of John Edgell and John Fowle ;
southerly on land of Junius Richardson, and easterly by
lands of Joshua Converse, Joseph Thayer and others,
containing about eight acres.

Resolved, on the petition aforesaid, and for reasons
therein contained, that the said John Tidd, in his capaci-
ty of Guardian to Warren Reed, Andrew Jackson Reed,
and Sophia Reed, minor children of George W. Reed,
late of said Woburn deceased, be and he is hereby
authorized and empowered, by his deed duly executed
and acknowledged, to convey to the said corporation,
at a rate not less than fifty dollars an acre, all the right,
title, and interest, which the said minor children may
have in common with others, to all or to so much of a
certain lot of land situate in Medford in the county of
Middlesex, as said corporation may want to purchase,
containing about four acres, and bounded as follows, viz :
easterly by the brook, northerly by the land of John
Swan, westerly by land of Samuel Symmes, and south-
erly by land of Horatio Symmes ; and whatever deed or
deeds the said John may execute in pursuance of this
resolve, shall enure to the benefit of the said corpora-
tion their successors and assigns. Provided however,
that the said John Tidd as Guardian aforesaid, be
fore making any sale or conveyance of any of the rights,
titles, and interests of the minors aforesaid, shall give
bond with sufficient surety or sureties to the Judge of
Probate for the County of Middlesex, faithfully to ac-
count to the several minors, herein named for their just
proportion of the net proceeds of the sales he is hereby
authorized to make.

OLIVE MOORE. 155

CHAP. LXVII.

Resolve on the Petition of Olive Moore and Artemas

Harrington.

March 22, 1832.

On the Petition of Olive Moore of West Boylston, in
the County of Worcester, Administratrix of the Estate
of Oliver Moore deceased, and of Artemas Harrington
of Boylston in said County of Worcester.

Resolved, For reasons set forth in said petition, that
the said Olive Moore be, and she hereby is authorized
and empowered, by herdeed duly executed, acknowledged
and recorded, to reconvey to the said Artemas Harring-
ton his heirs and assigns, all the right, title, and interest
which the said Oliver Moore had at the time of his de-
cease in and to a certain tract or parcel of land, with
the buildings thereon, situated in said Boylston, which
the said Artemas Harrington conveyed to the said Oliver
Moore, by deed, bearing date the twentieth day of Feb-
ruary in the year of our Lord one thousand eight hun-
dred and twenty seven ; Provided, that the said Artemas
Harrington shall first pay, or secure payment of any
and all sum or sums of money which may be due or ow-
ing from him to the estate of the said Oliver Moore de-
ceased ; and provided also that the said Olive Moore in
her capacity of administratrix shall be held to account
for all monies which she may receive from the said Ar-
temas Harrington as aforesaid.

156 DAVID MOODY.

CHAP. LXVIII.

Resolve on the Petition of David Moody.
March 22, 1832.

On the Petition of David Moodj of Boston, in the
County of Suffolk, Guardian of William H. Moody, Su-
san H. Moody, and Hannah M. Moody, minors, and chil-
dren of Paul Moody, deceased.

Resolved, for reasons set forth in said petition, that
the said David Moody be, and he hereby is authorized
and empowered to sell at private sale, and by his deed or
deeds, duly executed, acknowledged, and recorded, to
convey all the right, title and interest of said minors in
and to a certain tract of land, with the mills, and buil-
dings thereon, and the water power connected therewith,
situated in Newbury, in the County of Essex, and
known as the Byfield Woollen Factory, also, a certain
farm, known as the Chute, or Dummer Farm, situated
near Byfield Meetinghouse, and partly in Newbury, and
partly in Rowley in said County of Essex : — also a cer-
tain farm, known as the Stan wood farm, situated in
West Newbury, in said County of Essex: — provided,
that the said David Moody, as such guardian, shall first
make and execute, in due form of law, a bond with suf-
ficient sureties, to the Judge of Probate of the County
of Middlesex, and to the acceptance of said Judge, with
condition that the said David Moody shall well and truly
account for the proceeds of any sale, which he may
make by virtue of the authority hereby given.

ISAAC P. OSGOOD. 167

CHAP. LXIX.

Resolve authorizing Isaac P. Osgood, Guardian, ^c. to
pay the proceeds of the sale of certain real estate to
Richard S. Fay, administrator, ^c.

March 22, 18S2.

Upon the Petition of Richard S. Fay, of Boston, in
the county of Suffolk, as he is administrator of the goods
and estate of Lawson Valentine, late of said Boston,
trader, deceased, intestate, representing that, by a resolve
of the General Court, passed on the nineteenth day of
January, A. D. 1830, Isaac P. Osgood, as Guardian of
Andrew P. Valentine, Frances E. Valentine, William P.
Valentine, and Edward L. Valentine, minors under the
age of fourteen years, and children of Lawson Valen-
tine, late of said Boston as aforesaid, was authorized to
make sale of certain real estate described in said resolve,
which descended to said minors as heirs of said Valen-
tine,— that it now appears the said estate, or the pro-
ceeds thereof, are wanted for the payment of debts due
from said estate ; that said proceeds are still in the hands
of said Osgood.

Be it resolved by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, That the said Osgood be, and he hereby is au-
thorized, directed and empowered, to pay over the pro-
ceeds of said sale of real estate, to Richard S. Fay, ad-
ministrator of Lawson Valentine as aforesaid, and that
his receipt to said Osgood shall be a good and sufficient
discharge therefrom in his accounts as Guardian afqj-e-

168 DERASTUS CLAPP.

said ; the said Richard S. Fay being held to account for
the same as such administrator : Provided however, that
the said Richard S. Fay shall first obtain from Mary
Ann Valentine, the widow of said deceased, a full and
ample discharge of all interest, claim or demand, she
has or may have in or unto any part of the proceeds of
the sale aforesaid, and deliver the same to said Osgood.

CHAP. LXX.

Resolve in favor of Derastus Clapp.
March 22, 1832.

On the petition of Derastus Clapp, praying for a re-
ward for prosecuting to conviction one Joseph Robb, for
having in his possession a certain instrument for coining
counterfeit half dollars, with intent to use the same.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Derastus Clapp,
the sum of sixty dollars, for the reasons above set forth :
and His Excellency the Governor, with the advice of the
Council, is hereby authorized and requested to draw his
warrant accordingly.

JOSEPH S. LEAVITT. 159

CHAP. LXXI.

Resolve in favor of Sally Ames, ividoiv.
March 22, 1832.

On the petition of William Buttrick, Edward Curtis,
Winslovv Ames, and Sally Ames, praying that the amount
of a forfeited recognizance, paid by said Sally Ames,
may be refunded to her from the Treasury of the Com-
monwealth.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Sally Ames, widow,
the sum of four hundred dollars, for the reasons set forth
in her petition ; and His Excellency the Governor, with
the advice of the Council, is hereby authorized and re-
quested to draw his warrant accordingly.

CHAP. LXXH.

Resolve in favor of Joseph S. Leavitt.
March 22, 1832.

On the petition of Joseph S. Leavitt, for allowance of
expenses incurred by him in apprehending one John Get-
chell, who had committed forgery, has since been con-
victed, and is now under sentence in the State Prison.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Joseph S. Leavitt,

160 DANIEL HERRING

the sum of sixty two dollars and forty eight cents for the
reasons above set forth : and His Excellency the Govern-
or, with the advice of the Council, is hereby authorized
and requested to draw his warrant accordingly.

CHAP. LXXIII.

Resolve to continue the pension of Daniel Herring.

March 22, 1832.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Daniel Herring, fif-
ty dollars a year for five years, should he live so long,
said term of years to commence at the expiration of his
former pension ; and His Excellency the Governor is
hereby authorized and requested to draw his warrant
accordingly.

CHAP. LXXIV.

Resolve on the subject of the public lands in the state of

Maine.

Marcji 23, 1832.

Whereas, it appears from the Message of His Excel-
lency the Governor, transmitted to both branches of the

PUBLIC LANDS. 161

Legislature, on the 18th inst., that the Governor of Maine
has declined to afford to this Legislature the information
solicited by its order of the 13th inst., and on the author-
ity of which the Legislature of Maine had deemed it ex-
pedient to pass certain Resolutions respecting the terri-
tory lying North and East of the Rivers St. John's and
St. Francis, communicated to this Legislature, by confi-
dential message, from the Governor, on the 7th inst.
And whereas it appears, by a letter from the Governor
of Maine to the Governor of Massachusetts, that said
information was of an unofficial character, and that there
was no other ground for the proceedings of the Legisla-
ture of Maine, than the opinions of the Agent of Maine
at Washington, formed from circumstances unofficially
within the knowledge of the said Agent, and the Repre-
sentatives of chat State in Congress ; — And whereas, this
Legislature had previously, during its present session, at
the solicitation of the Government of Maine, and in ac-
cordance with the recommendation of its Agent specially
appointed, and duly authorized to confer with the Gov-
ernment of this State for that purpose, expressed its deter-
mination to resist any measures that might be proposed
for carrying into effect the decision of the King of the
Netherlands, or that might in any way operate to the
prejudice of our right of property, or the right of proper-
ty and jurisdiction of the State of Maine, in and over the
tract of territory transferred by the said decision to the
British Government ; —

Therefore resolved^ That no other proceedings on the
part of the Legislature are at this time required, than to
authorize the Governor, and he is hereby authorized, with
the advice and consent of the Council, to adopt such
measures, during the recess of the Legislature, as he
may deem necessary for supporting the dignity, honor
and interest of the Commonwealth.
21

162 INHABITANTS OF HOPKINTON.

CHAP. LXXV.

Resolve on the petition of the inhabitants of Hojokinton,

March 23, 1832.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to the Trustees of the
Charity of Edward Hopkins, the sum of eight thousand
dollars, in full settlement, satisfaction and discharge of the
rents due, and all rents to become due from the tenants
of lands in the towns of Hopkinton and Upton — and that
His Excellency the Governor, by and with the advice
and consent of the Council, be authorized and requested
to draw his warrant for the same : Provided, however,
that, in case said trustees shall refuse to accept the said
sum of eight thousand dollars in full satisfaction of their
claims as aforesaid, said payment shall not be made, nor
warrant drawn, unless said tenants of lands in Hopkin-
ton and Upton shall raise such additional sum as the said
trustees shall, together with said sum of eight thousand
dollars, accept in full discharge of their aforesaid claims,
nor until the said trustees shall have made and executed,
in due form of law, a full and complete release of all
claims and demands in law or equity on this Common-
wealth, and of all claims and demands for rent against
the tenants of lands in the town of Hopkinton, and a-
gainst the tenants of lands in the town of Upton, where-
of the said trustees claim to be lessors, or successors of
lessors : and that such release be executed in duplicate,
and one release to be deposited in the office of the trea-
surer, and one in the office of the secretary of the Com-
monwealth, and be also recorded in the Registry of Deeds

JACOB KUHN. 163

for said Hopkinton and Upton lands. And provided also,
that said payment shall not be made, nor warrant drawn,
unless such release shall be executed and delivered with-
in one year from the time of passing this resolve.

CHAP. LXXVI.

Resolve for preserving the ancient pictures belonging to
the Commonwealth.

March 23, 1832.

Resolved, That the Secretary of the Commonwealth
cause the ancient pictures of Governor Winthrop and
other distinguished men in the colonial history of Massa-
chusetts, which are now in Lobby No. 7, to be repaired,
and put into suitable frames, and suspended in some con-
spicuous place in the State House.

CHAP. LXXVH.

Resolve to pay Jacob Kuhn.
March 24, 1832.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Jacob Kuhn, in full
for his services as Messenger of the General Court, and
for his care of the State House, and all other services
rendered by him, including those mentioned in a resolve
passed on the nineteenth day of October, in the year of
our Lord one thousand eight hundred and fourteen, from

164 SOUTHERN BOUNDARY.

the thirtieth day of January last, to the thirty-first day
of December next, the sum of nine hundred sixteen dol-
lars and sixty-six cents and two-thirds of a cent, payable
quarter yearly ; and His Excellency the Governor, with
the advice of the Council, is hereby authorized and re-
quested to draw his warrant accordingly.

CHAP. LXXVIII.

Resolve relating to the Southern Boundary of Massachu-
setts.

March 24, 1832.

Resolved^ That His Excellency the Governor be, and
he is hereby authorized and requested to retain and em-
ploy counsel, and to take such other measures as he may
think necessary and proper, in the defence of any action
at law, or bill in equity, to which this Commonwealth
may be summoned to answer before the Supreme Court
of the United States, and wherein the state of Rhode-
Island shall claim any part of the territory within the
jurisdiction of this Commonwealth.

PAY OF MEMBERS. 165

CHAP. LXXIX.

Resolve providing for the better security of the Public

Documents.

March 24, 1832.

Resolved, By the Senate and House of Representatives
in General Court assembled, that the Secretary of this
Commonwealth be, and he is hereby directed to exam-
ine the public documents preserved in the several de-
partments of the government, and to select and remove
to the fire proof edifice, which has been erected for the
purpose of receiving them, such of said documents as it
may be deemed expedient to deposit there, and to make
a descriptive catalogue of the same ; and the said Secre-
tary is hereby further authorized to employ a suitable per-
son to assist him in this service, and also to provide suit-
able cases to contain the documents, and to make such
other feirrangements as may be necessary for their recep-
tion and safe keeping.

CHAP. LXXX.

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

March 24, 1832.

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

166 JOHN PICKERING.

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

CHAP. LXXXI.

Resolve on the Petition of John Pickering.
March 24, 1832.

On the petition of John Pickering of Boston, in
the County of Suffolk, Esquire, Trustee of certain
Real Estate held by him in trust for the benefit of John
White of said Boston, and his children, praying for au-
thority to sell said Real Estate, and invest the proceeds
In the manner set forth in said petition.

Resolved, for the reasons set forth in said petition, that
the petitioner be, and he hereby is authorized and em-
powered to sell, either by public auction or private con-
tract, as he shall think best for the parties interested,
and to execute a good and sufficient deed or deeds to
convey the said real estate, being a certain real estate in
Lynn, in the County of Essex, consisting of the Earring-

JAMES PERKINS. 167

ton farm, so called, which was formerly conveyed by
Newell and others to Joseph White, late of Salem, in
said County of Essex, deceased, and comprising a dwel-
ling house, stable and other buildings, and the land under
and adjoining, and being the same estate called and
known by the name of Brookvale, containing about one
hundred and fifty acres, with the appurtenances— Prom-
ded, that the said John Pickering shall first give bond to
the Judge of Probate of the County of Essex, with suf-
ficient surety or sureties, to invest the net proceeds of
such sale, either wholly in real estate, within the City of
Boston, or in stocks, funds, or other securities, or part-
ly in such real estate, and partly in such stocks, funds,
and other securities, according as the said Judge of Pro-
bate shall direct, and within one year from the day of
the sale of said premises.

CHAP. LXXXII.

Resolve empowering the Trustees under the will of James
Perkins, to convey real estate.

March 24, 1832.

On the petition of Thomas H. Perkins and others,
trustees under the will of James Perkins, late of Boston,
merchant, deceased, and of the guardian of the minor
children of said James Perkins ; and for the reasons
therein contained :

Resolved, That Thomas H. Perkins, Samuel G. Per-
kins, and William H. Gardner, trustees as aforesaid, be
and they hereby are empowered and authorized, with
the consent of the guardian of said minors, to convey

168 GEOLOGICAL SURVEY.

by their deed to the proprietors of Tremont House, a
corporation established by the Legislature of this Com-
monwealth, all the right, title, interest and estate of said
minors and trustees in and to the land and buildings sit-
uate in said Boston, commonly known as, and called
Tremont House, and appurtenances ; and to receive
therefor, as the full consideration of such conveyance,
(to hold upon the trusts declared and created in and by
the will of said James Perkins) stock in the said corpora-
tion to the amount of, and in proportion to, the share of
said real estate so conveyed by said trustees.

CHAP. LXXXHL

Resolve for the distribution of the first part of the Report
on the Geological Survey of the Commonwealth.

March 24, 1832.

Resolved, That the six hundred copies of the first
part of the Report on the Geological Survey of the
Commonwealth, provided in pursuance of an arrange-
ment made by His Excellency the Governor with advice
of Council, for the use of the government, be delivered
to the Secretary of the Commonwealth, and by him be
distributed, as follows, viz.
Four copies to the Governor,
Two copies to the Lieut. Governor,
One copy to each member of the Council,
One copy to each member of the Senate and House
of Representatives,

Five copies to be deposited in the Library of the
State,

LAND OFFICE. 169

And that the remaining copies be distributed as his
Excellency the Governor may direct.

CHAP. LXXXIV.

Resolve on the Memorial of the Acting Quarter Master

General.

March 24, 1832.

Resolved, that the sum of five thousand dollars be,
and the same hereby is appropriated, to defray the expen-
ses of the Quarter Master General's Department ; and
His Excellency the Governor, with the advice of the
Council, is hereby authorized to draw his warrant on the
Treasurer for the same, in such sums, and at such
times as the public service may require, in favor of the
Acting Quarter Master General, for the faithful appro-
priation of which he is to be accountable.

CHAP. LXXXV.

Resolve to enlarge the Land Office and Library Room.

March 24, 1832.

Resolved, by the Senate and House of Representa-
tives, in General Court assembled, that the Land Agent
be, and he is hereby authorized and directed to cause a

170 LUNATIC HOSPITAL.

communication to be .opened between the Room now
occupied as the Land Office, and the Room adjoining the
same and to appropriate them both to the use of the Li-
brary.

CHAP. LXXXVL

Resolve providing additional funds for erecting and fur-
nishing the State Lunatic Hospital at Worcester.

March 24, 1832.

Resolved, That, to defray the expense of erecting the
State Lunatic Hospital at Worcester, and preparing
the same in a suitable manner for the reception of lu-
natics therein, the further sum of Twenty Thousand
Dollars be and the same hereby is appropriated ; and His
Excellency the Governor, by and with the advice and
consent of the Council, be and hereby is authorized to
draw his warrant from time to time upon the Treasurer
of this Commonwealth, for such parts of said sum as he
may deem necessary, in favor of any person charged
with the duty of erecting and furnishing the said Hos-
pital.

JOHN V. LOW. 171

CHAP. LXXXVH.

Resolve providing for the copying of the Journals of the
Convention of one thousand seven hundred and eighty.

March 24, 1832.

Resolved, by the Senate and House of Representatives
in General Court assembled, That the Secretary of the
Commonwealth, be and he is hereby authorized and di-
rected, to cause a fair copy to be made of the Journals
of the Convention that was held in the year one thou-
sand, seven hundred and eighty, for the purpose of
forming a constitution of Government for this Common-
wealth; and of such Reports and Documents remain-
ing on the files of the same as it may appear most im-
portant to preserve, including the Address to the Peo-
ple ; — And the Secretary is further authorized and di-
rected to cause one thousand copies of the said journal
and documents to be printed at the expense of the
Commonwealth, and to transmit one copy to each of the
towns in the Commonwealth and to the City of Boston.

CHAP. LXXXVIll.

Resolve in favor of John V. IjOw.

March 24, 1832.

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

172 FUEL. n

dollars per day for each and every day he has been or
may be employed in that capacity during the present
session of the Council ; and the Governor, with the ad-
/ice of Council, is authorized and requested to draw
his warrant on the Treasury accordingly.

CHAP. LXXXIX.

Resolve for paying the City of Boston for the expense
of improvements on Rainsford Island.

March 24, 1832.

' Resolved, That there be allowed and paid, out of the
public Treasury, to the City of Boston, the sum of one
thousand eight hundred and seventy nine dollars, and one
cent, it being the amount expended in' repairing buildings
and erecting a store on Rainsford's Island ; and His Ex-
cellency the Governor is hereby authorized to draw his
warrant accordingly.

CHAP. XC.

Resolve to provide for fuel and for other purposes.

March 24, 1832.

Resolved, That there be paid, out of the Treasury of
the Commonwealth, to Jacob Kuhn, Messenger of the
General Court, the sum of one thousand dollars, to ena-
ble him to purchase fuel, and such other articles as may
be necessary for the use of the General Court, Council

CHAPLAINS OF THE HOUSES. 173

Chamber, the Secretary's, Treasurer's, Adjutant Gene-
ral's, and Quarter Master General's, Offices ; and also
for the Land Office ; — and that the further sum of one
hundred and twenty five dollars, be paid to the said Jacob
Kuhn to enable him to pay the expenses incurred in the
celebration of the twenty second of February last — he to
be accountable for the expenditure of the same ; and His
Excellency the Governor is requested to draw his war-
rant accordingly.

CHAP. XCI.

Resolve to pay the Chaplains of both Houses.

March 24, 1832.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to the Rev. F. W. P.
Greenwood, Chaplain of the Senate, the sum of sixty
dollars ; and to the Rev. Ralph W. Emerson and the
Rev. Howard Malcom, Chaplains of the House of Rep-
resentatives, the sum of thirty dollars, each, in full for
their services in said capacities ; and His Excellency
th« Governor is hereby authorized and requested to draw
his warrant accordingly.

174 ELECTORAL VOTES.

CHAP. XCIL

Resolve prescribing the Form of Returns of Electoral

Votes.

March 24, 1832>

Resolved, That the annexed form of a return of votes
for Electors of President and Vice President of the
United States may be used, and that the Secretary of the
Commonwealth be directed to furnish the City of Bos-
ton, and each Town and District in the Commonwealth,
with two copies thereof, and to procure a sufficient
number to be printed for that purpose, and that he also
furnish the City of Boston and each Town and District
with a copy of this Resolve, and of the Act 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 re-
spective towns in the Commonwealth*, and with the fur-
ther power to vary this form, so far as their corporate
character may require.

Form of the Return of Votes given for Electors of Prm-
dent and Vice President of the United States.
At a legal meeting of the Inhabitants of the (Town,
District or City, as the case may be) of in the

County of , qualified according to the Constitu-

tion to vote for Representatives in the General Court,
holden on the second Monday of November, one thou-
sand eight hundred and thirty two, for the purpose of
giving in their votes for Electors of President and
Vice President of the United States :— The whole num-

ELECTORAL VOTES. 175

ber of votes given in were received, sorted, counted,
and declared, and record thereof made in open town
meeting, as directed by the act passed the twenty fourth
day of March A. D. 1832, and were for the following
persons :

ELECTORS.

At large —

Elector for Suffolk District —
Elector for Essex South District —
Elector for Essex North District —
Elector for Middlesex District —
Elector for Worcester South District —
Elector for Worcester North District —
Elector for Eranklin District —
Elector for Hampden District —
Elector for Berkshire District —
Elector for Norfolk District —
Elector for Plymouth District —
Elector for Bristol District —
Elector for Barnstable District —

^ Selectmen of

Town Clerk.

N. B. — Insert the number of votes in words at full
length.

176 CHAPPEQUIDDIC INDIANS.

CHAP. XCIII.

Resolve in favor of Nathan Colburn, a soldier in the war
of the Revolution.

March 24, 1832.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Nathan Colburn,
the sum of one hundred dollars for services rendered
in the Revolutionary war ; and His Excellency the
Governor, with the advice of the Council, is hereby au-
thorized and requested to draw his warrant accordingly.

CHAP. XCIV.

Resolve on the petition of Daniel Felloivsjr. Guardian of
the Chappequiddic Indians.

March 24, 1832.

Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to Daniel Fellows jr.
the sum of one hundred seventy two dollars and sixty
eight cents, in full of all claims against the Common-
wealth, for prosecuting a certain suit in behalf of the In-
dians of the Island of Chappequiddic, against the proprie-
tors and patentees of land on said Island, to compel said
patentees and proprietors to build and maintain the divi-
sional line fence between said patentees and proprietors
and the said Indians ; and Plis Excellency the Governor
is hereby authorized and requested to draw his warrant
accordingly.

REPAIRS IN COUNCIL CHAMBER. 177

CHAP. XCV.

A Resolve for the payment of the expense of a special
messenger to the Governor of Maine.

March 24, 1832.

Resolved, That there be allowed and paid out of the
public Treasury to the Eastern Stage Company, for ex-
pense of a special messenger to the Governor of the State
of Maine, at Augusta, the sum of one hundred and
four dollars in full for said service ; and His Excellen-
cy the Governor is authorized to draw his warrant ac-
cordingly.

CHAP. XCVI.

Resolve authorizing repairs and alterations in the Council
Chamber and Rooms adjoining.

March 24, 1832.

Resolved, That His Excellency the Govenor be, and he
hereby is authorized to direct such repairs and alter-
ations in the Council Chamber, and the Room and
Entry adjacent thereto, and the furniture of said rooms,
as he may consider necessary and expedient, and to
draw his warrant on the Treasurer to defray the
expense of the same.

178 THOMAS HANCOCK.

CHAf*. XCVH.

Resolve on the Petition of Samuel Hubbard as Guardian
of Thomas Hancock, a person non Compos Mentis.

March 24, 1832.

Resolved, on the petition aforesaid, that, for the rea-
sons set forth in said petition. His Excellency the Gover-
nor be, and he hereby is authorized to appoint a Com-
missioner, who shall have full power to sell to said Hubbard
as Guardian of said Hancock, on such terms and con-
ditions as to said Commissioner may seem reasonable,
a piece of the Commonwealth's land on Hancock street
in the City of Boston, of sufficient width to enable said
Guardian to obtain a free passage way to the land of
said Hancock, lying in the rear of said Commonwealth's
land, or to exchange land of the Commonwealth, there
being, for apart of said Hancock's land, in such manner
as may be beneficial to the said Hancock, and to the
Commonwealth. And the said Hubbard, in his capaci-
ty of guardian, and the said Commissioner to be ap-
pointed on the part of this Commonwealth, are hereby
authorized and empowered to make, execute and deliv-
er good and sufficient deeds to carry into effect the in-
tention of this Resolve, Provided hoivever, that the do-
ings of said Commissioner shall not be binding on this
Commonwealth, until the same shall be approved by
the Governor.

(SrammonUjealtfj of M^^^^t^umtin.

Treasury Office, 2d. Month, (Feb.) 23, 1832.

The Treasurer, having examined and adjusted the ac-
counts presented to him, asks leave to Report,

That there is due to the several persons enumerated on
the following Roll the sums set against their names re-
spectively, which, when allowed and paid, will be in full
discharge of said accounts to the dates therein mention-
ed.

Which is respectfully submitted,

HEZEKI.\H BARNARD, Treasurer.

To the Senate and

House of Rejjresentatives :

ROLL or ACCOUNTS

Audited by the Treasurer of the Commonwealth, and re-
ported February 23, 1832.

SHERIFFS.

Crane, Elijah, for returning votes,
Crocker, David, for returning votes,
Folger, P. S., for returning votes,
Leonard, Horatio, for returning votes, Sic.
Ljman, Joseph, for returning votes.
Rice, Caleb, for returning votes, &c.
Sprague, Joseph E., for returning votes, &c.
Pease, Isaiah D., for returning votes,
Varnum, Benjamin F., for returning votes, &c.
Willard, Calvin, for returning votes,

CORONERS.
Cook, John, Jr. taking Inquisition,
French, Ezra, taking Inquisition,
Hobart, Samuel, for viewing and burying the

body of a stranger,
Snow, Prince, taking Inquisitions, &c.
Wade, William F., for viewing and burying the

body of a stranger,
Woodward, James, taking Inquisition,
Viall, Samuel, taking Inquisitions,

52 60

^203 67

14 92

103

^164 22

PRINTERS. 181

PRINTERS.

Adams and Hudson, for publishing Constitu-
tional amendments, Sic. and for newspapers
supplied to February 23, 1832, 192 83

Adams, John R., for publishing Constitutional

amendments and laws, for 1831, 21 6Q

Adams, S. W., for publishing laws to June 1831, 23 58

Allen, Phineas, for publishing laws, constitu-
tional amendments, &c. to January, 1832, 24 92

Atwood, Geo. W., for publishing laws and Con-
stitutional amendments to January, 1832, 39 34

Atwill, W., for publishing Constitutional amend-
ments to January, 1832, 6 00

Atwill, Herman, for publishing laws, constitu-
tional amendments, &c. to January, 1832, 39 66

Badger and Porter, for newspapers supplied to

February 23, 1832, 197 30

Ballard and Company, for publishing Consti-
tutional amendments, advertising, &c. and
for newspapers supplied to February 23, 1832, 60 44

Bates, Stephen, for newspapers supplied to

February 23, 1832, 114 85

Beals and Homer, for publishing Constitution-
al amendments, advertising, &c. and for
newspapers supplied to February 23, 1832, 221 55

Brown, W. C, for newspapers supplied to Feb-
ruary 23, 1832, 8 99

Buckingham, Joseph T., for publishing Consti-
tutional amendments, &c. and for newspa-
pers supplied to February 23, 1832, 284 77

Buckingham, J. H., for publishing laws and

Constitutional amendments to February, 1832, 23 66

182 PRINTERS, n

Buffum, Jonathan, for publishing Constitu-
tional amendments to February, 1832, 14 33

Burroughs, W. L., for publishing Constitutional

amendments to February, 1832, 5 00

Chapin, Jacob, for publishing Constitutional

amendments and laws, to January, 1832, 23 67

Clapp, William W., for publishing Constitu-
tional amendments, and for newspapers sup-
plied to February 25, 1832, 130 78

Colton, S. B. and Company, for publishing
laws. Constitutional amendments, &c. to
January, 1832, 33 67

Congdon, B. T., for publishing laws to June, 1831, 16 67

Danforth, Allen, for publishing Constitutional

amendments, laws, &c. to January, 1832, 25 67

Button and Wentworth, printing

for the Senate, 616 37

Do. " " House of Rep. 925 28
Do. " " Secretary, 686 19

Do. " " Adjutant General, 336 83
Do. " " Treasurer, 17 43

Do. " " Valuation Com. 367 06
Newspapers, &c. to Feb. 23, 1 832, 22 62

2,951 78

Eldridge, John B., for publishing laws to June,

1831, 16 67

Farmer, Jedidiah, for publishing laws, Consti-
tutional amendments, &c. to January, 1832, 31 67

Fisk, Geo. W. H., for publishing laws for 1831, 16 67

Foote and Brown, for publishing laws. Consti-
tutional amendments, &c. to January, 1832, 31 16

Garrison and Knapp, for publishing Constitu-
tional amendments, and for newspapers sup-
plied to February 23, 1832, 90 25

PRINTERS. 183

Goodrich, J. T., for publishing]" Constitutional

amendments to January, 1832, 14 33

Green, Samuel D., for publishing Constitution-
al amendments, and for newspapers supplied
to February 23, 1 832, 54 09

Hale, Nathan, for publishing laws, amendments,
&:c. and for newspapers supplied to February
23, 1832, 299 97

Huntington, J. D., for publishing laws, amend-
ments, &c. to January, 1832, 34 67

Lummus, Aaron, for newspapers supplied to

March 16, 1831, 6 34

Miller, Edwin B., for publishing Constitutional

amendments to January, 1 832, 5 00

Moore and Sevey, for newspapers supplied to

February 23, 1832, 6 00

Nichols, William, for publishing Constitutional
amendments, &c. and for newspapers sup-
plied to February 23, 1832, 29 00

Paul, Benjamin, for publishing Constitutional

amendments to January, 1832, 5 00

Prescott, Edward G., for publishing Constitu-
tional amendment, and for newspapers sup-
plied to February 23, 1832, 68 49

Proprietors of Massachusetts Journal, for news-
papers supplied to February 23, 1 832, 35 02

Proprietors of Boston Investigator, for publish-
ing Constitutional amendments, and for
newspapers supplied to February 23, 1832, 19 35

Proprietors of Free Press Association, for pub-
lishing laws for 1831, 16 67

Phelps and Ingersoll, for publishing laws for 1 831 , 1 6 67

Reed, David, for newspapers supplied to Feb-
ruary 23, 1832, 37 55

184 MISCELLANIES.

Rogers, W. E. P., for publishing Constitutional

amendments to January, 1832, 7 00

Russell, J. B., for newspapers supplied to Feb.

23, 1832, 87 92

Snow, Josiah, for publishing laws for 1831, 16 67

Stone, Edwin M., for publishing Constitutional
amendments, and for newspapers supplied to
February 23, 1832, 7 37

Thayer, A. W., for publishing laws and amend-
ments to January, 1832, 22 67

True and Greene, for publishing Constitutional
amendments, and for newspapers supplied to
February 23, 1832, 120 53

True, Benjamin, for publishing Constitutional

amendment to February, 1832, 7 00

Wheilden, W. W., for publishing laws and

amendments to Jaj^iuary, 1832, 46 07

Willis, Nathaniel, for publishing Constitutional
amendments, and for newspapers supplied to
February 23, 1832, 46 23

Wilder, S. A., for publishing laws for 1831, 16 67

Woolson, Charles J., for publishing laws, &c.

and for newspapers supplied to March 19, 1831, 27 51

$5,701 33

MISCELLANIES.

Assessors of Leominster, for making a valua-
tion of the polls and estates of certain un-
incorporated territory called " No town,"
adjoining said Leominster, agreeably to the
second section of an act to ascertain the

MISCELLANIES. 185

rateable polls within this Commowealth,
passed March 19, 1831, viz :

David Wilder, 13 40

Rufus Kendall, 13 40

Solon Carter, 10 80

Adams, W. and G. W. for blacksmiths' work
for repairs, &c. on State House, to Febru-
ary, 1832, 24 96
Adams, Daniel, for repairing pumps, &c. to

September 3, 1831, 10 95

Allen, Andrew J., for stationary for Secretary's

office, to December 14, 1831, 30 74

Bacon, Henry, for attendance on the Valuation

Committee to January 3, 1 832, 74 00

Baldwin, Luke, for his bill of fees in the case

of " Sewall, Treasurer, vs. Jones and Co." 5 00

Blaney, Henry, for masons' work, &c. in the

State House to January 12, 1832, 78 15

Bradlee, Samuel and Son, for hardware for re-
pairs &.C. on the State House, to Feb. 6, 1832, 78 42
Burditt, James W., for stationary to February
15, 1832, viz:

for Legislature, &c.
" Secretary,
" Library,
" Adjutant General,

" Treasurer,

615 15

Carter and Hendee, for stationary for Secre-
tary and Adjutant General, to Feb. 10, 1832, 148 25
Commissioners for examining Treasurer Sew-
all's accounts to July 1, 1831, viz :

Charles Wells, 9 00

S. Lincoln, 13 00

459

125 27

186 MISCELLANIES.

R. Rantoul, 14 00

John Wade, H 00

D. Baxter, Jr. 9 00

Cutting, Elijah W., for the attendance of him-
self and son on the Valuation Committee to
January 3, 1832, ' 105 00

Goodrich, Isaac W., for stationary for the Sec-
retary to January 10, 1832, 30 00

Gore and Baker, for painting iron pales, blinds,

&c. to November 24, 1831, 8 75

Loring, Josiah, for stationary for the Secretary

and Treasurer, to February 9, 1832, 71 94

Loring, James, for Registers supplied the Gov-
ernor and Council, to January 20, 1832, 11 67

Oliver, John, keeper of Rainsford's Island, his

annual allowance, including wood, for 1831, 104 44

Passarow, John, for examining, arranging and
labelling the files of the Senate, to January,
1831, 196 93

Snelling, Enoch H., for setting lights, cleaning
windows, &c. in the State House, to Feb-
ruary 2, 1832, 51 13

Stewart, E., for examining, arranging and la-
belling the files of the Senate, to Decem-
ber, 1831, 169 62

Wheeler, John H., for repairs, &c. on the

State House, to February 15, 1832, 327 78

;$f2,236 48

AGGREGATE.

187

Sheriffs,
Coroners,
Printers,
Miscellanies,

AGGREGATE.

203 67

164 22

5,701 33

2,236 48

,305 70

188 RESOLVE.

eommontuealtlj of J^a^ifiiatiittsettfif.

In the year of our Lord one thousand eight hundred
and thirty-two.

Resolved, That there be allowed and paid, out of the
public treasury, to the several persons mentioned in the
foregoing Roll, the sums set against such persons' names,
respectively, amounting in the whole to the sum of
eight thousand three hundred and five dollars and seventy
"cents ; the same being in full discharge of the accounts
and demands to which they refer ; and His Excellency
the Governor is requested to draw his warrant accord-
ingly-

In Senate, February 27, 1832.

Read twice and passed :

Sent down for concurrence,

WILLIAM THORNDIKE, President,

House of Representatives, March 2, 1832.
Read twice and passed in concurrence :

W. B. CALHOUN, Speaker,

March 2, 1832.— Approved,

LEVI LINCOLN.

ROLL, No. 106 JAN. 1832.

The Committee on Accounts, having examined the
several accounts for State Paupers, and the accounts
for Militia Services, presented to them, report,

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

By order of the said Committee,

ELIHU HOYT, Chairman.

PAUPER ACCOUNTS.

ALL OF WHICH ARE TO JANUARY 1, 1832.

Alford, for support of Wm. Goldburn, adult,

and Minerva Smith, a child, 27 19

Abington, for support of Antonio Juho and

Margaret Jack, adults, 42 80

Amesbury, for support of Robert Baker, James
Richards, and Nancy Nugeon, adults, and
Joseph, Lyman, George and Joshua Hailey,

190 PAUPER ACCOUNTS.

and John, James, Mary Ann, and Susan
Hartley, children, ' 94 14

Ashfield, for support of Charles Smipson, an

adult, 3^ ^^

Attleborough, for support of Mary Montgome-
ry, Ephraim Davenport, Susan Wales, Dan-
iel Watson, and John Briggs, adults, and
Betsey, Elenor, and JamesBromley, children, 209 63
Adams, for support of Phebe Hill, Robert Har-
ris, Sarah Dodge, Agnes Mowers, and Ly-
P dia Townsend, adults, ^07 00

Ashby, for support of John A. and Charles E.

Roberts, children, ^^ ^^

Andover, for support of Sukey Hornsby, Peter
Sigourney, Flora Chandler, Dinah Chad-
wick, Mary Murry, Mary Haley, and Lucy
Foster, adults, and Hannah Highland, and
Jeremiah, Margaret, Sarah, Mary Ann, and
Morris, Murry and Joseph, Lyman, George,
Joshua, and Mary Ann Haley, children, 105 14

Amherst, for support of Jane and Polly Rich-
ardson, Peter and Sarah Jackson, John Al-
low, and James Brockway, 128 52
Beverly, for support of Dolly Claxton, Sarah
Wait, Harriet Cameron, adults, and Joseph
Cameron, Benjamin Cameron, Elizabeth,
William and Asa Wait and John Kelly, chil-
dren, and funeral expenses of Benjamin Pat-
terson ^^ ^^
Barnstable, for support ot John Robinson, an

adult, 21 40

Boxboiough, for support of Andrew Jackson,

a child, 33 90

PAUPER ACCOUNTS. 191

Boston, for support of 33 children in the House

of Reformation, 347 82

Boston, for support of sundry paupers in the

House of Industry, 5238 86

Boston, for supplies to sundry paupers, 1671 33

Belchertown, for support of Susan M'Intire,
Harriet Levens, Samuel Woodman, James
M'Donough, John and Mary Godfry, John
and Joanna Cowley, and Moses Killborn,
adults, and Stephen Smith, a child, 101 04

Berkley, for support of James Cuddy and Ma-
ry Lindall, adults, 81 60

Brimfield, for support of John Shelburne, Tho-
mas Corbin, Peter Thompson, and Mary
Paine, adults, and Geo. W. Paine, a child,
and funeral expenses of John Shelburne, 115 39

Brookfield, for support of John Sawbury, an
adult, and Isabella, and Wyman Adams,
children, 49 17

Becket, for support of James Hamblin, an adult,

and James Parker, a child, 34 24

Blandford, for support of John H. Durham, and

Susan and Polly Burdick, adults, 61 80

Braintree, for support of Christopher Joseph
Titus, a colored man, and Thomas Evans,
adults, and Ann Gowith, a child, 118 51

Bridgewater, for support of John and Jane
Chesnut, Paul C. Chute, Rachel Eleba, and
Nancy Augustus, adults, and Amy Ward, and
child, 168 84

Barre, for support of Dinah Baker, James Da-
vis, Jane Navin, and Anna Humphrey,
adults, and Thomas Jefferson and Gardner
Hutchins, children, 52 94

192 PAUPER ACCOUNTS.

Cambridge, for support of 191 adults, and 44

children, and funeral expenses of 5 adults, 2232 10
Conway, for support of Hannah Hall, Sally M.

Murphy, and Robert Burgess, adults, 64 20

Chelsea, for support of Betsey Jones, John
Watson, Charles Candler, and Mons. Nel-
son, adults, '" ^^
Cheshire, for support of Ephraim Richardson,
Noel Randall, Polly Cooper, Molly Dimond,
Levi Peirce, and Ebenezer Lilley, adults, 128 40
Charlton, for support of Robert Bennett, John
Miller, and Joseph Humphrey, adults, and
Joseph Humphrey, a child, 37 12
Colrain, for support of Kate Vanvatenberg, an
adult, and John, Lucy and Harriet Freeman,
children, ^^ ^^
Charlestown, for support of one hundred and
forty seven adults, and forty eight children,
and funeral expenses of ten adults and four
children 2257 94
Clarksburgh, for support of Lovel Hill, Naomi
Hill, and James Cook, adults, and Malvira,
William and Caroline Hill, children, 83 44
Canton, for support of Edward M'Ardle, Han-
nah Buckley, Jeremiah Bancroft, and Geo.
Hepworth, adults, and Mathevv Gaffany and
Joseph and Samuel S. Hepworth, children, 92 85
Concord, for support of James Riley and wife,

and four children of Nathan Cass, 18 92

Cummington, for support of Brister Peirce, an

adult, 19 87

Chelmsford, for support of Joanna M'Lane,

and Elijah Hall, Jr., adults, 44 50

PAUPER ACCOUNTS. 193

Chester, for support of Jerry and Benjamin

Hardy, adults, 42 80

Dedham, for support of Paul Cain, Mary Mack,
John King, Charlotte M'Donough, Mary
Conner, Dorcas Jordon, and Thomas M'
Avoy, adults, and Mary and Eliza B. Mack
and George Frost, children, and funeral ex-
penses of Mary Mack, 21151

Dudley, for support of Alsbury Reynolds, Sa-
rah Wilson, Isaac Brown, Eliza, Latin, and
Ann Brown, adults, and William Sloane,
Eunice, Charles, Phebe, and John Brown,
children, and funeral expenses of Isaac
Brown, 167 72

Deerfield, for support of Louisa Witherell and

Prince, adults, 42 80

Danvers, for support of John Fitzgerald, Cae-
sar Wilcox, Owen Miller, Joel Wesson, John
Henly, James Wallace, John Carden, John
Carnes, John B. Williams, Thomas Rand,
James Allen, Eliza Mahon, and Michael
Griffin, adults, and William Allen, John and
Charlotte Mahon, children, 178 61

Dorchester, for support of widow Burgoine,
Robert Marshman, Edmund Mahar, Nancy
Edwards, Thomas Rand, and Mary Child,
and five children, 70 50

Dighton, for support of Betsey Fisk, an adult,

and funeral expenses, 23 60

Dartmouth, for support of James Jenkins, Cuff
Freebon, Mary Ann Suckernish, adults, and
Caroline Sweet, a child, 98 12

Dracut, for support of Moses Freeman, Abi-
gail Townsend, John Buchanan, wife and
25

194 PAUPER ACCOUNTS,

four children, Robert Ashley's wife and six
children, Edward Reed's wife and two chil-
dren, James Finaughty's wife and three
children, and funeral expenses of Moses Free-
man and John Buchanan, 289 Ot>

Dalton, for support of Richard and Molly Hoose

adults, and Charles M'Kee, a child, ^^ 64

East Sudbury, for support of David Curtis and

Isaac Locke, adults, 25 82

East Bridgewater, for support of Lavinda Nero,
Betsey Chase, Elihu Stevens, Meribah Will- ,
iams, Samuel Wood, Asa Mingals, Harriet
Wood, Robert Seaver, and Catherine Beals,
adults, and one child of C. Beals, and two
children of Meribah Williams, 222 52

Essex County, for support of sundry paupers

in the House of Correction, "767 39

Eastham, for support of Benjamin F. Johnson

A u 40 82

an adult,

Egremont, for support of Betsey Daly, Isaac
Freeman, Rosanna Van Guilden, Reuben Van
Guilden, Andrew M'Carron and Peggy M'-
Carron, adults, and Wm. Race and George
A Kline, children, '^^^ ^*

Enfield, for support of Deborah Butterfield an

adult, 40 8J

East Hampton, for support of Submit Bailey,
an adult, and Ozias and Charles Bailey,

, ., 1 47 08

children,

Foxborough, for support of Sarah G. Howe, an

adult, 2140

Framingliam, for support of Joel Atkins,
James Johnson, and Daniel Campbell, adults,
and Eliza Blake, a child, ^^ ^^

PAUPER ACCOUNTS. 195

Fairhaven, for support of 13 adults and 4 chil-
dren, 246 76

Great Barrington, for support of Joanna Por-
ter, Lucy Porter, Peter Smith, Sarah Smith,
John W. George and Joseph Bradley,
adults, and Henry Eaton, Amarilla Wells,
and Maria Rogers, children, 153 12

Granville, for support of Sally Stewart, Mary
Burden, and Minerva Barker, adults, and
Clarissa Barker, and Chauncey Goodrich
children, 76 18

Grafton, for support of Stephen and Eliza-
beth Philips, John Laton, and Robert H.
Lane, adults, and Francis L. Whitaker, a
child, 63 36

Groton, for support of Richard Brenton, Eu-
nice Benetradt, David Blair, and Margaret
Butler, adults, 62 10

Gill, for support of Polly Lamson, an adult, 36 40

Greenfield, for support of Abigail Taggart, and
James and Martha Gaines, and C. Goland
and O. Bates, children, 86 19

Hawley, for support of Gilbert Graves, and

Mabel Barnes, adults, 10 80

Hubbardston, for support of Daniel Mundell, an

adult, 38 24

Haverhill, for support of Anna Clapp, John
Gould, Ira Hammond, Susan Hammond, Ell-
as Hazard, and Nancy Reed, adults, and
John Q. Adams, a child, 151 00

Hancock, for support of Silas and Sally Chip-
man, Israel and Mary Clark, and Abigail
Jones, adults, and Phebe Ann, George W.,
David, Betsey and Sarah Jones, and John H,
North, children, 127 32

196 PAUPER ACCOUNTS.

Holden, for support of Betsey Lebo, an adult, 10 80
Hollistoii, for support of John B. Ford, an

adult, 21 40

Hardwick, for support of Hannah Jonah, an

adult, 18 91

Hanover, for support of Flannah Long, an adult, 21 40
Harwich, for support of James Robins, an

adult, 40 82

Hadley, for support of Rebecca Allen, an adult, 21 40
Ipswich, for support of John O'Brien, and
Francis Lord, adults, and child of Francis
Lord, 55 64

Kingston, for support of Sophia Holmes, and

child, 64 43

Leyden, for support of Arnold Clark, Tacy
Clark, Ruth Abel, Joseph Abel, Philis
Young, Sarah Stanton, Catharine Booth, and
Hannah Cole, adults, and George White
Louis, Sarah and Catharine Booth, and
Jane Golden, children, 234 20

Leicester, for support of Thomas Waters, Ma-
ry Davis, Roland Cobb, and Betsey Cobb,
adults, and Joel F., Sarah E., Rolland jr.
Harriets., and Nancy M. Cobb, children, 76 76
Leverett, for support of John Gauzy, an adult, 40 80
Lee, for support of Sarah Ross, John Somers,
and wife, Abigail Rowland, Chester S. Hodge,
and Olive Hodge, adults, and Jeffrey Tuck-
er, a child, 110 24
Lenox, for support of Moses M'Grew, Dayton
Fuller, Edward Hurlburt, and Catharine
Hough, adults, and Aurilla, Lucinda, and
Edward G. Hurlburt, Samuel Jackson, Hen-

PAUPER ACCOUNTS. 197

ry Venyke, and Dayton, jr. Lester and Eras-

tus Fuller, 183 02

Long Meadow, for support of Rachel Parker,

an adult, 44 80

Ludlow, for support of Thomas Brainard, and

Harvey Olds, adults, 81 62

Lowell, for support of 24 adults, and 6 children, 218 61

Lunenburg, for support of William Shearer,
and Jane Mitchell, adults, and Jane Rensa-
laer, and Sidney Dollivan, children, 137 09

Lynn, for support of 13 adults, and 3 children, 91 04

Montgomery, for support of Willard Convers,
and Hannah Boham, adults, and funeral ex-
penses of Willard Convers, 37 20

Methuen, for support of Wm. and Mary Rich-
ards, 47 24

Mt. Washington, for support of Eben, Wor-
den, and Peggy Winchel, adults, and Hannah
Worden, Rosey Winchel, and Albert Win-
chel, children, 114 25

Monson, for support of Mary Allen, Hannah
Brown, Kora Story, Dolly Wallis, Benja-
min Jenkins, and Lydia, Phoebe, Lucia,
and Calvin Whitaker, adults, and Biram, and
James Wallis, Alvira, Levi, and Orin Jenkins
Catherine Warren, Rufus, and Martha Whit-
aker, children, and funeral expenses of Cal-
vin Whitaker, 95 78
Manchester, for support of Wm. Edward, and

Joseph Wheaton, 25 68

Milton, for support of James Bowman, Archi-
bald M'Donald, John C. Drew, and Thomas
Evans, adults, and George Hamilton, and
Michael, Margarett, John and James Fox,
children. 94 43

198 PAUPER ACCOUNTS.

Mendon, for support of Levi Young, John A-

ger, Martha Newell, and Mary Mercy, adults, 81 10

Middleborough, for support of 14 adults, and 5

children, 654 57

Milford, for support of Nathan Trufant, and

Henry Burley, adults, 42 07

Marshfield, for support of John Baker, Samuel
Homes, Bristol White, Henry Prince, and
John Quackow, adults, and John jr., Jane,
Phebe Quackow, children, 139 14

Medford, for support of Lydia Brooks, Sarah
Yarnen, Dorothy Lyman, and Michael Far-
roll, adults, and Harriet A. and Eliza Brooks,
and John Yarnin, children, 136 96

Milbury, for support of James Stone, and Ma-
ry Doyle, adults, and Marcus, Dacy, Basha,
Martha, and Isaac Flood, children, and fune-
ral expenses of James Stone, 79 80

Maiden, for support of 1 1 adults, and 6 chil-
dren, 261 06

Middleton, for support of Rosanna Diggs,
Catharine Freeman, and Charles, and Bet-
sey Frames, adults, 58 49

Marblehead, for support of Aaron Manden, Ma-
ry Cand, Hercules Gardner, Jane Babylon,
Joseph L. Lewis, Elias Fish, Luke Winnins,
and wife, Bridget Cook, Thomas Rand, and
Peter Johnson, adults, and Catharine Cook,
a child, 116 26

Marshpee Plantation, for support of Richard
Holmes, James and Lois Sells, Anthony Hin-
son, Ephraim Jennet, George Jones, and
Thomas M. Grego. 224 20

New Bedford, for support of 57 adults and 19

children, and funeral expenses, 992 00

PAUPER ACCOUNTS. 199

Newton, for support of Ann Green, Jonathan
French, Joseph Pickermg, Richard Ashba,
and Sarah Ashba, adults, 96 90

Newburyport, for support of 32 adults and 14

children, 580 32

Northampton, for support of 29 adults and 16

children, 381 12

New P/Iarlboro, for support of Oliver Warn, an

adult, 23 34

Northboroughj for support of Jacob West, an adult, 39 65

Nantucket, for support of Anthony Swasey, Ma-
ry Andrews, Philis Painter, Chloe Golding,
Mathew Smith, Nathan and Sophia Beebe,
Catharine Richardson, and William Huchin-
son, adults, 364 48

Newbury, for support of 16 adults and 17

children, 383 58

North Bridgewater, for support of James Dor- »

ren, Deborah P. Ransaleer, and Charlotte
P. Wood, adults, 64 20

New Ashford, for support of Mary Fallis, an
adult, 21 40

Norwich, for support of Ruth Sanford, and Ru-

fus Miner, adults, 81 60

Norfolk county, for support of sundry paupers

in the House of Correction, 121 40

Overseers of Gayhead, for support of Hezeki-

ah Sewal and Joshua Stevens, 51 80

Otis, for support of Polly Wilna, Abijah G.
Hazard, Eunice Hazard, Timothy Tiffany,
and Jennet Mitchell, adults, 143 85

Orange, for support of James Emory and wife,

and Mary Smith, 19 56

Pawtucket, for support of Jane Donalson, an

200 PAUPER ACCOUNTS.

adult, Nancy Donalson, and Catharine Daly,
children, 40 00

Pembroke, for support of Rhoda Prince, and
Mary Gifford, adults, and funeral expenses of
Rhoda Prince, 33 75

Paxton, for support of William Fisk, adult, and

Hannah Jonah a child, 42 81

Plymouth, for support of John Roaf, John

Worthing and James Reed adults, 109 71

Pittsfield, for support of 7 adults and 1 6 chil-
dren 288 26

Richmond, for support of Nancj Jessup, Su-
san Darling, Jacob Wicker, Sarah H. R.
Crittenden, Asenath Ann Darling, Mary-
Jane, Francis-Henry, Emilina C. Darling,
and Adeline M. Hogan, children, 173 20

Royalston, for support of Alice Clements,

and Thomas Blodgett, 78 54

Roxbury, for support of 24 adults and 20

children, 397 21

Rochester, for support of Edward B. Sanford,

wife and 4 children, 172 30

Rowley, for support of 38 adults and 7 chil-
dren, 425 44

Rowe, for support of Almira, Mary, and

Noah Wilcox, and Annis Carpenter, children, 84 80

Rehoboth, for support of Aaron Freeman, Lucy
Kelley, Nancy Green, Nancy Hills, Eliza Ma-
son, & Cyrus L. Morse, adults, and Mary,
and Eliza Mason, children, 154 96

Russell, for support of Mary Newton, and Sal-
ly Harrington, adults, and Mary, & Nancy
Hale, children, 68 58

Randolph, for support of Lydia Dace, an adult, 34 90

PAUPER ACCOUNTS. 201

Sheffield, for support of Charlotte, and Sarah
Turner, Andrevv,?lnd Nancy Doyle and Joseph
and Rebecca Robinson, adults, and 3 children, 97 64

Southampton, for support of John Cochran,

an adult, and Robert Livingston, a child, 27 28

Stockbridge, for support of Abraham Parmele,
Martha Dowd, Margery Curtis, Dinah Elky,
and Dorcas Webster, adults, and Nancy Dun-
can, a child, 1 12 50

Somerset, for support of Polly Hill, and Ann
M' Given, adults, and Alice and Thomas
M'Given, children, 68 48

Sandisfield, for support of Benjamin Whitney,

a child, 12 84

Seekonk, for support of Elizabeth Cowden,
Hannah Robbins, Susannah Matteson, Molly
Burs, and Reuben Frost, adults, and funeral
expenses of Hannah Robbins, and Susannah
Matteson, 205 80

Stoughton, for support of Isaac Williams, an

adult, 39 91

Spencer, for support of Susannah Bowland,
an adult, and Melansa, Mary, Theophilus,
and Alenor Trueman, 128 73

Shutesbury, for support of John and Susan Van -
nauly, adults, and Sarah, Edward, Clarissa^
and Charles Phinnemore, children, 94 16

Sutton, for support of James Cannonan, adult, 16 00

Stow, for support of Moses Gehu, an adult, 14 90

Salem, for support of 84 adults, and 17 chil-
dren, and funeral expenses of 6 adults, and
1 child, 1,049 18

Swanzey, for support of Martha Dousnips, Ju-
dith M'Carter, Susannah, an Indian, Betsey
26

202 PAUPER ACCOUNTS.

Lovely, Rosilla Freeman, adults, and fune-
ral expenses of Olive B. Freeman, 53 59

Scituate, for support of Susan Lindal, Zilpah
Whitcomb, Zilpah Scott, Betsey Freeman,
adults, and Elizabeth G. Lemuel, and Olive?
Freeman, children, 107 24

Sharon, for support of Edward Ellis, Elizabeth

Ellis, and Hannah Bucklin, adults, 78 03

Sturbridge, for support of Samuel Wheldon,
and Joseph Doras, adults, and funeral charg-
es of Joseph Doras, 26 OD

Shrewsbury, for support of Nancy Johnson,

and Lienor Johnson, children, 43 52

Shirley, for support of Mary M'Kenzie, Jenney
Mitchell, Thomas Benson, and John Putnam,
adults, and Fanny, Charles and Walter J.
Mitchell, children, and funeral of J. Putnam, 212 83

Springfield, for support of 12 adults and 16

children, 418 18

Tyringham, for support of Richard Gardner,
Asa Thompson, Mary Diskill, Pamelia Phil-
ly, Temperance Sears, Elvira Watkins, Tho-
mas Cooney, and Joseph Ayers, adults, and
Mary Ayers, Sarah and Ayers, chil-
dren, 177 78

Taunton, for support of eleven adults and
three children, and funeral expenses of three
adults, 170 94

Topsfield, for support of Phillis Emerson, Ira
and Susan Hammond, Christopher and Ma-
ry Brown, Henry Prescher, and Luke
Weems, wife and daughter, adults, and two
children, 41 46

PAUPER ACCOUNTS. 203

Townsend, for support of Edward M'Bride, an
adult, and Samuel B. and Henry Jackson,
children, 58 50

Tolland, for support of Hannah Mather, and

Daniel Swan, adults, 12 50

Tewksbury, for support of Royal Sheppard, and

William R. Robinson, adults, 11 30

Tyngsborough, for support of Thomas M'Gla-

thery, and Catherine M'Clenna, adults, 6Q 24

Upton, for support of Mary Bryant, an adult, 38 88

Uxbridge, for support of Mary Pratt, an adult, 21 40

Westfield, for support of JohnN. and Esther Be-
ry, Mary Ann, and Sally Baker, Hepzibah
Brown, Asseneth Gibson, Betsey Rose, Mary
Parks, Charlotte Spires, and MerritBlackster,
adults, and Eunice French, George Dewey,
Cynthia Baker and Lucretia, and John Spires,
children, 232 24

West Springfield, for support of Hannah and Lois
Shivoy, Laura Shapen and Valentine Worthy,
adults, and Rodney, and John Benedict, chil-
dren, 124 12

West Hampton, for support of Jane Gay, and
Sylia Miller, adults and Felia Sherman, and
Robert Livingston, 73 26

Worcester County, for support of sundry paup-
ers in the House of Correction, 372 92

West Stockbridge, for support of Ebenezer and
Abigail Wood, Sally Barton, James C. Biggs,
Lucy Lane, Lucretia Bellamy, Thomas Co-
ny, and Luther Patterson, adults and Frede-
rick H. andElsey A. Stodard, and Henry W.
Rogers, children, 191 72

204 PAUPER ACCOUNTS.

Wilbraham, for support of Eunice Davis, Ma-
ry Walker, Alice Dodge, John, Joanna, and
Loadicea Amidon, Charles and Sally Noe,
and Rodney Granhood, adults, and Esther,
and Perlin Tiuden, John and Samuel Wright,
and Persis A. Noe, children, 350 29

Wrentham, for support of Sylvia Pettice, James
Lewis, Thomas Ody, Mary Ody, Thomas
Hender, Richard Ashley, John and Phebe
Brown, Samuel and Louisa Bliven, Daniel
Watson, Ivory Bailston, Ann Couper, adults,
and Eliza A. Woodward, Phebe Bliven, and
Susannah, Jane, and Rosanna Ody, children, 132 31

Worcester, for support of Michael Flemming,
and Jonas Brooks, adults, and Thomas and
John Murphy, George Marsh, and Mary
Gall, children, 169 05

Ware, for support of Thomas Dennison, Jacob
Jackson, John J. Upham, adults, and Geo.
W. and Horace Boothe, and Eliza, Caro-
line, and Henry Olney, children, 230 16

Warwick, for support of Samuel and Molly
Gunn,and John C. Miller, adults, and Charles
Gunn, a child, 61 77

Waltham, for support of James Buchanan,

John Albrow, and John Call and wife, adults, 23 40

West Newbury, for support of George R.,
Wm. A., Rebecca D., Sarah H., and Henry
Renton, children, 64 20

Williamsburg, for support of James Turner

and child, 34 24

West Bridgewater, for support of Thomas

Quinby, an adult, 41 60

MILITARY ACCOUNTS.

205

Whateley, for support of Elizabeth M'Coy,

and Jesse Jewit, adults, 42 80

Weston, for support of Michael Walch, an

adult, and Joseph R. Trim, a child, 41 25

Williamston, for support of Asahel and Aure-
lia Foot, John G. Hendesell, and Betsey
Jackson, adults, and Amy M. Williams, Ann,
Letitia, Harriet, Seymour D. L., and Lama
L. Foot, and F. Porter, children, 226 84

Yarmouth, for support of Black Lett, and Anna

Knight, adults, 46 14

Suffolk County, for support of sundry paupers

in the House of Correction 227 90

MILITARY ACCOUNTS.

FOR JANUARY SESSION, 1832.

Aids de Camp to Major Generals.

Wm. S. Allen, to Dec. 31, 1831, 21 80

M. M. Rutter, to Dec. 31, 1831, 25 00

Charles Ely, to Jan. 31, 1832, 25 00

Welcome Young, to Dec. 31, 1831, 20 50

Franklin Weston, to Jan. 1st, 1832, 25 00

$m 30

Brigade Majors.

Bradford L. Wales, to Jan. 1, 1832, 40 00

Truman Clark, to Jan 1, 1832, 40 00

206 MILITARY ACCOUNTS.

William C. Tyler, to Sept. 1, 1831,

Jabez W. Barton, to Jan. 1, 1832,

M. P. Parish, to Jan. 1, 1832,

Wjman Richardson, to Jan. 1, 1832,

Hiram F. Stockbridge, to Jan. 1, 1832,

Wm. M. Lothrop, to Jan. 1, 1832,

Plin. Allen by his Administrator Amos Nor-

cross to Oct. 3, 1831,
Arad Thompson, to Sept. 30, 1831,
James R. Sprout to Jan. I, 1832,
George D. Atwood to Dec. 31, 1831,
Freeman Foster, jr. to Jan. 1, 1832,
Linus Child, to Jan. 1, 1832,
Otis Adams, to July 15, 1831,
Increase Sumner, to Dec. 31, 1831,
Albert G. Belden, to Jan. 1, 1831,
Wm. C. Plunkett, to Sept. 20, 1831,

Adjutants.

40 00

;^595 53

E. W. Stone, to Dec. 31, 1831, 25 00

Appleton Howe, to Jan. 1, 1832, 25 00

Francis D. Holbrook, to Dec. 31, 1831, 25 00

Stephen Hall, to May 30, 1831, 6 20

Josiah N. Bird, to Sept. 17, 1831, 17 83

Stephen Wescott, to May 30, 1831, 10 42

BmorS. Sales, to Jan. 1, 1832, 25 00

Nathaniel Bird, to May 30, 1831, 6 25

Sumner Crosby, to Dec. 31, 1831, 25 00

I vers J. Austin, to Jan. 1, 1832, 25 00

John C. Park, to Sept. 1, 1831, 16 66

Calvin W. Haven, to Jan. 1, 1832, 8 33

MILITARY ACCOUNTS. 20t

Jabez Pratt, to Aug. 15, 1831, 6 25

Samuel Thompson, to Jan 1, 1832, 6 62

Daniel W. Rogers, to Jan. 1, 1832, 25 00

Ebenezer Sutton, to Sept. 20, 1831, 4 85

Hazen Ayer, to Jan. 1, 1832, 6 72

J. M. Sanderson, to Sept. 1, 1831, 25 00

Ebenezer Sutton, to July 8, 1831, 13 05

John Towne, to July 31, 1831, 4 85

Joseph P. Turner, to Oct. 1, 1831 > 11 25

Stephen Adamsjr. to Jan. 1, 1832, 25 00

Reuben Evans, to July 1, 1831, 12 50

John Davis, to July SO, 1831, 14 58

Benjamin Dana, to Dec, 31, 1831, 25 00

Homer Tilton, to Jan. 1, 1832, 25 00

Josiah Clark, to Jan. 1, 1832, 25 00

Horace Heard, to Jan. 1, 1832, 25 00

Geo. W. Tarbell, to Jan. 1, 1832, 25 00

Henry J, Baxter, to Jan. 1 1832, 25 00

Alvan Fowler, to July 1, 1831, 12 50

Phineas B. Baker, to Oct. 1, 1831, 4 16

Frederick G. Curtis, to Dec. 31, 1831, 6 25

James B. Porter, to July 5, 1831, 12 67

Asahel H. Bartlett, to Jan. 1, 1832, 10 42

Wm. H. Squire, to June 30, 1831, 12 50

Eleazer Porter, to May 30, 1831, 22 35

C. R. Baldwin, to Jan 1, 1832, 25 00

Joseph B. Sheffield, to Jan. 1, 1832, 25 00

Samuel W. Kirkland, to Jan. 1, 1832, 25 00

John J. Graves, to Jan. 1, 1832, 25 00

Wm. E. Russell, to Jan. 1, 1832, 25 00

Lucius Graham, to Sept. 12, 1831, - 17 50

H. N. Ward, to July 12, 1831, 13 33

Joseph Tylor, to Sept. 6, 1831, 17 05

Charles S. Meed, to Jan. 1, 1832, 5 91

208 MILITARY ACCOUNTS.

Marshall S. Meed, to Jan. 1, l:
R. B. Bradford, to Jan. 1, 1832,
Horace Collamore, to Jan. 1, 1832,
Dion Bryant, to Sept. 23, 1831,
Arad Thompson, to July, 27, 1851,
Wm. H. Cushman, to Jan. 31, 1832,
Henry Luther, to Jan. 1, 1832,
George Danforth, to Dec. 31, 1831,
Ira Newman, to Jan. 1, 1832,
John I. Lawton, to Jan. 1, 1832,
Theodore Kerr, to Dec. 31, 1831,
Samuel Shiverick, to May 30, 1831,
Silas Jones, to May 31, 1831,
David Hill, to July 31, 1831,
Amos W. Pitts, to Jan. 1, 1832,
Joseph Knox, to Jan. 1, 1832,
Samuel C. Fiske, to Jan. 1, 1832,
Wm. N. Green, to May 31, 1831,
John G. Tlmrston, to Jan. 1, 1832,
Williard S. Wood, to April 14, 1831,
Spencer Field, to Dec. 1, 1831,
Ruel Lawrence, to Jan. 1. 1832,
Luke Beal, to Jan. 1, 1832,
Edmund H. Nichols, to Jan. 1, 1832,
Edmund Bush, to Jan. 1, 1832,
Edward Sexton, to Jan. 1, 1832,
Elias Wright, to July 4, 1831,
Rodney Hill, to Jan. 1, 1832,
Samuel Humphrey ville, to Jan. 1, 1832,
Franklin Root, to July 31, 1831,
A Nicholson, to May 31, 1831,
John Kellogg, to Sept. 1, 1831,

25 00

14 34

25 00

10 42

12 50

25 00

10 41

16 64

25 00

1,499 73

MILITARY ACCOUNTS. 209

Hauling Artillery.

Wm. H. Spooner, 1831, 18 50

Marshall Goodspeed, " 6 25

James Hawes, " 15 00

N. E. Hawes, « 21 00

Abijah Pond, ' « 12 00

Horace Bacon, « 10 00

Ebenezer Tasker, " 20 00

Thomas Goodwin, ** 30 00

WinslowW. Seaver, " 30 00

John K. Skinner, " 6 00

Thomas Flint, «' 9 lb

Thomas I. Bowler, " 10 00

Joshua P. Trask, 1830, 15 00

Joshua P. Trask, 1831, 12 00

Wm. Haskell, " 17 50

Timothy Brown, " 20 00

John Bradbury, « 10 00

Joseph Flanders, " 5 50

Abel B. Hay ward, " 15 00

Bela Greenwood, " 18 00

Isaac Cutler, « 10 00

Phineas G. Prescott, " 7 50

Asa Spaulding, '< 15 82

Ruel Cooley, « 12 50

Henry A. Bridgeman, " 2 50

Horace Noble, jr. " ' 6 25

Edwin Norcross, " 11 51

Noah Edwards, « 17 75

W. B. Bardwell, « . 9 00

John Mack, jr. " 16 00

Wm. Pomeroy,jr. " 15 45
27

210 MILITARY ACCOUNTS.

Wm. Morse,

1831,

Wm. Nash,

((

Eleazer S. Bartlett,

Peter Corbett,

Peter D. Clemons,

((

Leonard M. Stowell,

Oilman Bobbins,

Nathaniel Johnson,

((

Nathan Hammond,

Oilbert Munson,

Abraham Toby,

9 00

5 25

4 40

^519 93

AGGREGATE OF ROLL, NO. 106.

Pauper Accounts, P3,014 47

Military Accounts.

Aids de camp,
Brigade Majors,
Adjutants,
Hauling Artillery,

Total of Roll No. 106,

117

595 53

1,499.

519

^35,746 96

<^ominontoealti) of J^ati^iijiaclius^ett&i.

RESOLVE

Authorizing the payment of certain Military and Pauper

Accounts.

Resolved, That there be allowed and paid, out of the
public treasury, to the several corporations and persons
mentioned in the foregoing roll, the suras set against
their names respectively, amounting, in the whole, to the
sum of thirty five thousand, seven hundred and forty six
dollars and ninety six cents, the same being in full dis-
charge of the accounts and demands to which they
refer.

In Senate, March 2, 1852,
Read twice and passed,
Sent down for concurrence,

WILLIAM THORNDIKE, President.

House of Representatives, March 5, 1832.

Read twice and passed in concurrence,

W. B. CALHOUN, Speaker.

March 5, 1832.

Approved,

LEVI LINCOLN.

ROLL OF ACCOUNTS.

The Committee of Accounts, to whom was refer-
red an order of both Houses of February' 6th, instructing
them to examine all accounts for support of State Pau-
pers, which should be presented previous to the 20th
inst, and to report upon the expediency of allowing the
same, have attended to that duty and report.

That they have received and examined the following
list of accounts, which they are of opinion ought to be
allowed. ELIHU HOYT, Chairman.

PAUPER ACCOUNTS,

ALL OF WHICH ARE TO JANUARY IST, 1832.

Ashburnham, for support of William Stinigen,

wife, and child, 88 04

Burlington, for support of John A. Pashoe, and

Venus Rowe, adults,

Brookline, for support of Ann Potter, a child,

Brighton, for support of John J. Baker, an adult.

Carver, for support of Martin Grady, an adult,

Essex, for support of John Coleman, an adult,

Gloucester, for support of 15 adults and two

children, and funeral expenses of one adult,

Hanson, for support of Betty Joel, an adult,

Lanesborough, for support of Eunice Foot,

Lucy W. Goman, Mary Squires, Amos and

Mary Dodge, Amelia Bennett, and Mary Van-

sukle, adults, and Loving, John and Lucinda

74 42

12 84

44 80

40 81

40 80

242 71

40 81

PAUPER ACCOUNTS. 213

Dodge, Amanda Lane, and John Harris, and

Almira Stanbrough,
Montague, for support of Ann Sinclear, an

adult,
Northbridge, for support of James Norberry, an

adult,
New Braintree, for support of Mary Rogers, an

adult,
Needham, for support of John Pitcher, Sarah

Pistil], John Wilkins, Ann Pease, and Rebecca

Jonah, adults, and John Riley, a child,
Quincy, for support of John and Sarah Durant,

Rebecca Maj ester, and James Brown, adults,
Southbridge, for support of Albro Reynolds, an

adult,
Sandwich, for support of Bethiah Fly, and Phil-

lis Wing, adults,
Troy, for support of William Jeffers, and Re-
becca Westgate, adults, and Mary Ann Deslin,

and Mary Ann Carter, children,
Weymouth, for support of Phillis Peach, an

adult,
Wenham for support of Sarah English, and

Pomp Porter, adults,
Westport, for support of Nathaniel Nottage,

an adult,
Watertown, for support of 14 adults, and 2

children,
Walpole, for support of John and Bridget Mont-
gomery, adults, and Charles Mash, a child,

1,528 07

244 88

40 30

33 40

18 11

73 08

13 10

28 60

81 62

58 59

87 60

80 55

65 47

81 31

36 23

eommonUitaUfi of M^^^^f^viutttu.

In the year of our Lord One Thousand Eight Hundred
and Thirty Two.

Resolved, That there be allowed and paid, out of the
Public Treasury, to the several corporations mentioned
in the preceding list, the sums set against their names
respectively, amounting, in the whole, to one thousand
five hundred and twenty eight dollars and seven cents ;
— the same being in full discharge of all the accounts
and demands to which they refer : and His Excellency
the Governor is requested to draw his warrant according-

In Senate, March 3, 1832.

Read twice and passed,

Sent down for concurrence,
WILLIAM THORNDIKE, President.

House of Representatives, March, 5, 1832.
Read twice and passed in concurrence,

W. B. CALHOUN, Speaker.

March 6, 1832.

Approved,

LEVI LINCOLN.

ROLL or ACCOUNTS.

The Committee on Accounts, to whom was refer-
red the Order of both Houses, directing them to consid-
er the expediency of allowing such accounts for the sup-
port of State Paupers as might be presented on or be-
fore the 5th of March, have attended to that duty, and
beg leave to report, that the following list of accounts
have been examined and found correct, and that it is
their opinion the same ought to be allowed.
Which is submitted,

E. HOYT, Chairman.

PAUPER ACCOUNTS.

ALL OF WHICH ARE BROUGHT UP TO JANUARY FIRST 1832.

Heath, for support of Clarissa Williams, an

adult, 6 30

Lancaster, for support of William Sharon, an

adult, 11 70

Littleton, for support of Arthur and Susan

Shute, children, 6 90

North-Brookfield, for support of Esther John-
son, an adult, 40 42

Phillipston, for support of Abraham Scholl, an

adult, 22 30

Stoneham,for support of Chloe and Nancy Free-
man, adults, 175 10

Washington, for support of Henry Panton, John

Thompson, and Ruth Rugby, adults, 49 10

216 PAUPER ACCOUNTS.

Weaver, Sheffel, Guardian of Troy Indians,
for supplies to Thankful Simonds, Hope Page,
and Son, and Thankful Chase, and funeral
expenses of Hope Page, and Son, and Thank-
ful Chase, 62 96

Davis, Henry, Guardian of Dudley Indians,
for supplies furnished Bridget Jaha, Freelove
Jaha, Luke Jaha, Esther Jaha, Israel
Sprague, Philana Ephraims, Betsey Piggin,
and Matilda Hull, 102 81

eommonmnm of mnumtf^umm.

In the year of our Lord One Thousand Eight Hundred
and Thirty Two.

Resolve for the payment of sundry Pauper and Indian

Accounts.

Resolved, That there be allowed and paid, out of the
Public Treasury, to the several persons and corporations
mentioned in the foregoing list of accounts, the sums set
against their names respectively, amounting, in the whole,
to four hundred and sixty seven dollars and fifty nine
cents, the same being in full discharge of all the accounts
and demands to which they refer, and His Excellency
the Governor is hereby requested to draw his warrant
accordingly.

In Senate, March 7, 1832.
Read twice and passed.

Sent down for concurrence,
WILLIAM THORNDIKE, President,

House of Representatives, March 8, 1 832.
Read twice and passed in concurrence,

W. B. CALHOUN, Speaker.

March 9, 1832.*

Approved,

LEVI LINCOLN.

eotntnontuealtft of m^^^^tm^tiiu.

Treasury Office, Sd mo. (March) 17, 1832.

The Treasurer having, in compliance with an Order
of the Legislature passed the 10th of the present
month, examined and adjusted the accounts presented
to him, reports : That there is due to the several per-
sons enumerated on the foUov^^ing Roll, 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.

Respectfully submitted,

HEZEKIAH BARNARD, Treasurer.

To the Senate^ and

House of Representatives.

ROLL OF ACCOUNTS

Audited by the Treasurer of the Commonwealth, and re-
ported March 11 th, 1832.

PRINTERS.

Adams and Hudson, for advertising, and for

newspapers supplied to March 17th, 1832, ^90 31

Allen, E. W. and Co., for publishing Laws,
Constitutional Amendments, &c., to August,

1831, 35 67
Badger and Porter, for newspapers supplied to

March 16, 1832, 90 03

Bates, Stephen, for advertising, and for news-
papers supplied to March 17th, 1832, 53 36
Bazin, George W., for publishing amendments,
and for newspapers supplied to March 17j

1832, 46 37
Beals and Homer, for advertising, and for

newspapers supplied to March 17th, 1832, 87 19

Buckingham, Joseph T., for newspapers suppli-
ed to March 17, 1832., 96 89
Clapp, William W., for newspapers supplied

toMaich 17th, 1832, 48 46

Button and Wentworth, for printing
for the Senate, 340 36

Do. " " House, 247 32

Do. " " Secretary, 33 06

Do. " " Treasurer, 1 60

Newspapers supplied
to March 17, 1832, 7 29

629 63

220 PRINTERS' ACCOUNTS.

Garrison and Knapp, for newspapers supplied
to March 17, 1832, 47 77

Greene, Samuel D., for newspapers supplied

to March 14, 1832, 15 92

Hale, Nathan, for advertising, and for newspa-
pers supplied to March 17, 1832, 119 81

Harrington, Jubal, for publishing laws, consti-
tutional amendments, &c, to Feb. 1832, 43 17

Mann, Herman, Jr., for publishing laws, con-
stitutional amendments, &c., to July 1st,
1831, 25 91

Moore and Sevej, for newspapers supplied to

March 13, 1832, 2 76

Nichols, William, for newspapers supplied to

March 17, 1832, 11 31

Prescott, Edward G., for newspapers supplied

to March 17, 1832, 28 39

Proprietors of Boston Investigator, for news-
papers supplied to March 17, 1832, 6 00

Rand, Asa, for publishing constitutional amend-
ments to July, 1831, 4 50

Reed, David, for newspapers supplied to March

17, 1832, 21 46

Russell, J. B., for newspapers supplied to
March 14, 1832, 32 54

Simpkins, N. S., for publishing constitutional

amendments &c. to July, 1831, 19 33

True and Greene, for newspapers supplied to

March 17, 1832, 59 08

Willis, Nathaniel, for newspapers supplied to

March 17, 1832, 19 6 1

;^1,635 47

SHERIFF. 221

MISCELLANIES.

Bacon, Henry, assistant messenger, to March

17, 1832, 128 00

Ballard and Prince, for bocking, &c., to Janu-
ary 19th, 1832., 32 40

Burditt, James W., for stationary to March 12,
1832, viz.

For the Legislature, 73 60

" " Secretary, 58 12

131 72

Chase, Warren, assistant messenger, to March

17, 1832, 138 00

Cutting, Elijah W., assistant messenger, to
March 17, 1832, 128 00

His son, as page to the Senate, 64 00

192 00

Goodrich, Isaac W., for stationary for the Se-
cretary, to March 8th, 1832, 12 00

Kuhn, Jacob, for the balance of his account to

March 13th, 1832, 206 92

Murphy, David, assistant messenger, to March

17, 1832, 132 00

Pitts, Sarah, for her son, as page to the House

of Representatives, to March 17, 1832, 64 00

.$1,037 04
SHERIFF.
Sprague, Joseph E., for distributing writs of
election for members of Congress to Febru-
ary 22d, 1832, 8 50

$S 50

222 RESOLVE.

CORONER.

Snow, Prince, for taking inquisitions to Febru-
ary 29th, 1832, 20 29

^20 29

AGGREGATE.

Printers,
Miscellanies,
Sheriff,
Coroner,

1,635 47

1,037 04

8 50

20 29

^2,701 30

<^onfinaiiU)eaUti of M^&^^tf^n^tttu.

In the year of our Lord One thousand Eight Hundred
and Thirty Two.
Resolved, That there be allowed and paid, out of the
Treasury of this Commonwealth, to the several persons
named in the accompanying Roll, the sums set against
their names respectively, amounting, in the whole, to the
sum of two thousand seven hundred and one dollars,
and thirty cents, the same being in full discharge of all
the accounts and demands to which they refer — and His
Excellency the Governor is hereby requested to draw his
warrant accordingly.

In Senate, March 20th, 1 832.
Read twice and passed.

Sent down for concurrence,
WILLIAM THORNDIKE, President.
House of Representatives, March 23, 1832.
Read twice and passed,

W. B. CALHOUN, Speaker.

March 24, 1832.— Approved, LEVI LINCOLN.

ROLL OF ACCOUNTS.

The Committee on Accounts, in pursuance of sun-
dry orders, report, that they have examined the several
accounts in the annexed Roll, and hereby submit the
accompanying Resolve for the payment of the same.

ELIHU HOYT, Chairman.

PAUPERS.

Attleborough, for support of Ann Brumly,

omitted in first account, 19 42

Ward, for support of Sally Wiser, 71 15

,^90 57

MILITARY ACCOUNTS.

Adjutants.

Hervey Kimball, Jan. 1, 1830 to Sept 1, 1831
David Giddings, Sept. 1, 1831, to Dec. 31, 1831
William Tidd, Jan. 1, 1831, to Jan. 1, 1832,
Joseph Merriam, Jr., Jan. 1, 1831, to Jan. 1,

1832,
Guy C. Haynes, Jan. 1, 1831, to Sept. 8, 1831,
Benj. C. Hill, Sept. 8, 1831, to Dec. 31, 1831,
Asa Wood, Jan. 1, 1831, to Jan. 1, 1832,

, 16 67

!1, 8 33

25 00

1, 17 23

7 77

25 00

;$fl25 00

224 AGGREGATE.

Hauling Artillery.

Charles Wardwell, 1831,

12 50

L. Wilmarth, 1831,

13 25

Amos R. Torrey, 1831,

5 80

$S\ 55

AGGREGATE OF THIS ROLL.

Pauper Accounts, 90 57

Adjutants, 125 00

Hauling Artillery, 31 55

;^247 12

eomnfonioeaUii of M^^^^tf^ViUtiin.

In the year of Our Lord One Thousand Eight Hundred
and Thirty Two.

Resolve for payment of certain Pauper and Military
Accounts.

Resolved, That there be allowed and paid, out of the
Public Treasury, to the several persons and corporations
mentioned in this Roll, the sums set against their names
respectively, amounting, in the whole, to the sum of
two hundred and forty seven dollars and twelve cents.

RESOLVE. 225

the same being in full discharge of all the accounts and
demands to which they refer, and fHis Excellency the
Governor is hereby requested to draw his warrant accord-
ingly.

In Senate, March 21, 1832,

Read twice and passed.

Sent down for concurrence,
WILLIAM THORNDTKE, President.

House of Representatives, March 23, 1 832.

Read twice and passed in concurrence,

W. B. CALHOUN, Speaker,

March 24, 1832.

Approved,

LEVI LINCOLN.

OPINION

Of Justices of the Supreme Judicial Court, respect-
ing the right to vote of certain -persons exempted from
taxation.

In Senate, Feb. 8, 1832.

Ordered, That the Justices of the Supreme Judicial
Court, be requested, as soon as may be conyenient, to
give their opinion on the following Question :

Whether those persons who are exempted from taxa-
tion by Town Assessors, under the authority given them
in the following clause in the usual Tax Acts of the
Commonwealth. — " And if there be any persons who
by reason of age, infirmity, or poverty, may be unable
to contribute towards the public charges, in the judg-
ment of the said Assessors respectively, they may ex-
empt the polls and estates of such persons, or abate any
part of what they are assessed, as the said assessors
may deem just and equitable," — and who have the re-
quisite qualifications, as to age and residence, are enti-
tled to vote for Governor, Lieutenant Governor, Sena-
tors and Representatives, under the third article of the
Amendments to the Constitution.

In Senate, Feb. 9, 1832.

Read twice and passed,

WILLIAM THORNDIKE, President.

OPINION, &c. 227

BosTon February 13,1832.

Hon. WILLIAM THORNDIKE,

President of the Senate.
Sir : In behalf of the Justices of the Supreme Judi-
cial Court, I have the honor to enclose you the opinion
of a majority of the Court, upon the question proposed
by the Hon. Senate. Hon. Judge Morton not being in
town, it has not been in our power to consult him, with-
out a delay which we feared might be inconvenient.
I am, sir, very respectfully,

Your obedient servant,

LEMUEL SHAW,

Ch. J. S. J. c.

The undersigned, Justices of the Supreme Judicial Court,
pursuant to the request of the Hon. Senate, expressed
in the Order, hereto annexed, have had the question
therein proposed under consideration, and thereupon
respectfully submit the following

OPINION.

The third article of the Amendments to the Constitu-
tion of the Commonwealth, upon which the question
arises, is as follows : viz. " Every male citizen of twen-
ty one years of age, and upwards, (excepting paupers,
and persons under guardianship) who shall have resid-
ed within the Commonwealth one year, and within
the town or district, in which he may claim a right to
vote, six calendar months, next preceding any election
of governor, lieutenant governor, senators, or representa-
tives, and who shall have paid, by himself or his pa-
rent, master or guardian, any state or county tax, which
shall, within two years next preceding such election,
have been assessed upon him, in any town or district of
this Commonwealth, and also every citizen who shall
be by law exempted from taxation, and who shall be, in
all other respects, qualified as aforementioned, shall
have a right to vote, in such election of governor, lieu-
tenant governor, senators and representatives ; and no
other person shall be entitled to vote in such eleetions."

This question appears to us to involve three distinct
points, or subjects of inquiry arising from as many dis-
tinct clauses or provisions of the constitutional article
cited.

1. Whether the persons described, who may be ex-
empted from taxation, or whose taxes may be abated

OPINION. 229

under the discretionary authority given to the assessors
by the tax act, are '■'•paupers^'' within the meaning of the
exception.

2. Whether they are hy law exempted from taxation,
so as to give them the political privilege of voting with-
out being assessed to any tax.

3 Whether, not being paupers, and being liable to be
taxed, or in fact assessed, though such tax be omit-
ted, or abated under the discretionary authority of the
assessors, they are to stand upon the same footing in re-
gard to the privilege of voting, as if they had been regu-
larly assessed, and had actually paid a tax.

1. In a certain loose and indefinite sense, the persons
in question may be called paupers. The case supposes
them to be poor, and in consequence thereof, to be un-
able to contribute towards the public charges. But we
are of opinion, that this is not the sense in which the word
is intended in the constitution. Long before the adop-
tion of the article in question, the word "j^awpers" had
acquired a precise and techni(;al meaning, and was im-
derstood to designate persons receiving aid and assist-
ance from the public, under the provisions made by law
for the support and maintenance of the poor. Such
provisions had been made, both in England and in this
country, long before the adoption of this article, or of
the original constitution. Besides, if it were intended
to be understood in a more general sense, and as extend-
ing to dWpoor persons, it might go to exclude those from
voting, whose poverty might be manifested in other
modes than the one set forth in the extract from the tax
act. Considering how^ important it has always been re-
garded in the framing of fundamental laws, upon which
the essential civil and political rights and privileges of
the subject mainly depend, that words should be used

230 OPINION.

in a sense as exact and definite as the nature of language
will permit, and how careful the framers of our constitu-
tion have been in the observance of this rule; and consi-
dering upon how indefinite and uncertain a basis the
important right of voting would have stood, had the
word paupers been used in any other than the exact
and technical sense which we have ascribed to it, our
opinion is confirmed, that it was intended to be confined
to persons claiming assistance for themselves or families,
from the provision made by law for the poor.

2. The next inquiry is, whether the persons de-
scribed can be considered as persons exempted by law
from taxation, within the meaning of the constitutional
provision in question.

Here, as in the other case, in a certain loose sense, they
may be said to be exempted by law, because the authori-
ty is given by law to the assessors, and when executed,
it is by force of the law that the exemption takes effect.
But we are of opinion, that this is not the true construc-
tion of the clause but that it means to designate those
persons who, by the terms of the act itself, are exempted,
and where nothing more is necessary to give effect to
the exemption, than for the person, entitled to the bene-
fit of it, to show that he comes within its terms.

Whether we regard the terms of the law imposing the
tax, or the probable and obvious intent and design of
the Constitution, we think there will be discovered a
broad and well defined distinction, between those ex-
empted from taxation, by law, and those exempted, by
^reason of poverty and inability, under the discretionary
authority given to assessors.

It had long been the practice in this Commonwealth,
in the assessment of taxes, to exempt certain persons, in
terms, whose pursuits and employments were devoted to

OPINION. 231

the public service, and who, in effect, must be supported
at the public charge, such as settled ministers, officers
and professors of colleges, preceptors and masters of
public schools and academies. These persons were ex-
empted, not on the ground of inability to contribute to
the public charges, but because, as they labor wholly or
chiefly, for the public, and are entitled to a support from
the public, the exemption from taxation is only one means
of contributing to their support ; and, if they were held
liable to pay any tax, their compensation for services
ought justly to be enlarged in the same proportion, out
of some other public fund. Such persons therefore do,
in effect, contribute their share to the public charges ;
though they do it by their services, instead of a money
rate.

In the tax acts, containing the clause, recited in the
order of the Hon. Senate, the act first provides, for the
absolute exemption of ministers of the gospel, the presi-
dent and professors of colleges, and others specially enu-
merated, and then, in the same section, proceeds to vest
a discretionary authority in the assessors, to exempt
those, who, through age, infirmity or poverty, may be un-
able to contribute. Thus the act makes a strong and
marked distinction between the two classes of persons.
The same conclusion results from the constitutional ar-p
tide in question, which puts those who are exempted by
law exactly upon the same footing with those who actu-
ally pay taxes, in regard to the privilege of voting. We
think this provision manifestly had reference to the old
and uniform practice of exempting these classes of pub-
lic servants from taxation, upon the grounds above stated,
that these were the persons designated by the description
"citizens exempted by law from taxation," and that it
can, by no reasonable construction, extend to those, who,

232 OPINION.

at the discretion of the assessors, may be exempted on
account of poverty or inability.

3. The remaining inquiry is, whether persons, thus
liable to be assessed, though in fact exempted, by the
assessors, are entitled to the privileges of voters.

We are of opinion, that when such exemption has
extended to two years, they are not. We think it was
the plain intent of this clause of the amendment of the
Constitution, to give practical force and effect to the max-
im, that taxation and representation should go together ;
and to secure the right of electing those, who are to
administer the government, to those who in fact con-
tribute to its support. It confines the power therefore,
in terms, to those who shall have paid some tax assess-
ed within a short period preceding the election, and for
the sake of exactness fixes that period to two years.
If therefore the persons in question have been exempt-
ed, for two entire years, either by being omitted in the
assessment, or by the abatement of the tax, by the as-
sessors, such persons are excluded, by the plain terms
and manifest intent of the Constitution. But if such
exemption has not extended to two years, and if the
persons in question have paid any tax assessed within
two years, although exempted the last year, such per-
sons have a right to vote, coming within the terms of
the Constitution, and not being excepted as paupers.

It may be objected to this construction, that, consist-
ently with it, aged and poor persons may be arbitrarily
excluded from the right of voting, by the assessors, by
the omission or abatement of their taxes.

But we think the tax act will not justly admit of this
construction. It must be considered, that the liability
to taxation, and the political privilege of voting, conse-
quent thereon, are established by different acts, at dis-
tant periods, and having distinct objects in view. Each

OPINION. 233

must be construed by itself. The purpose of the tax
act is revenue; it is to lay a burthen and charge upon
the persons and property of the people, to provide
funds for public objects. The privilege of voting, con-
sequent thereon, is incidental and collateral, established
by a distinct constitutional provision, and is not to be
regarded as one of the purposes and designed effects of
the act. Such effect, therefore, cannot be much re-
garded in its construction. The direct object of the
act being to raise a revenue, by laying a tax and bur-
then upon the people, an exemption from such burthen
must be regarded as a benefit conferred on those en-
titled to it. It is a general rule of law, that what is
intended for one's benefit he may claim or waive, at
his election, and this rule applies with increased force,
when other and incidental consequences, important to
himself, depend upon such election. So when a grant
or bequest is made to one, being apparently for his ben-
efit, he may accept or waive it ; this right is of the
higher importance, where such grant or bequest is made
upon some trust attended with responsibility, or upon
other onerous conditions. So we think the exemption
in question was intended as a benefit to those who, by
reason of age, infirmity, or poverty, are unable to con-
tribute, and one which, if they so elect, they may waive,
and in such case, it would not be in the power of the
assessors to omit them in the assessment, or abate their
taxes, against their consent, with a view either to affect
their elective franchise, or for any other purpose. The
language of the act is, that the assessors may exempt;
which implies we think, that it is to be done, with their
consent, express or implied. It is true, that the word
<'wft2/>" is sometimes construed as imperative, and
equivalent to ^'sAa//,'" but it is only where the context

234 OPINION.

and general purpose of the act, or instrument, manifest-
ly require it. Here we think the context and general
objects of the act require a different construction, and
imply, that the word "may" was used in its ordinary
sense, as permissive, granting power to the assessors to
allow the exemption, at the election of those entitled to
the benefit of it.

On the whole, our opinion is, that the persons in
question are not excluded from the right of voting as
paupers; that they are not entitled to vote, without
paying taxes, as citizens exempted by law from taxation ;
and that, if they have actually paid no tax, assessed
within two years next preceding such election, though
such non-payment was occasioned by an exemption or
abatement, under the discretionary authority of the as
sessors, such persons are not entitled to vote ; but if
they have in fact paid any tax assessed within two
years previous, that they are entitled to vote in any
election for Governor, Lieutenant Governor, Senators,
and Representatives.

LEMUEL SHAW,
SAMUEL PUTNAM,
S. S. WILDE.

Februanj 14, 1832.

eomtwonUjealtfi ot JHafiJsattjttfiiettfii.

SECRETARY'S OFFICE, JUNE 11, 1832.
I hereby certify, that I have compared the Resolves,
Messages, and other Documents, printed in this pam-
phlet, with the Originals remaining in the Secretary's
Office, and find the same to be correct.

EDWARD D. BANGS,

Secretary of the Commonwealth.

INDEX

TO THE RESOLVES, MESSAGES, &c,

OF JANUARir, FEBRUARir, AND MARCH, 1832.

Accounts against the Commonwealth, how audited, 68

" of Land Agents, settled, ..... 99

« Rolls of, reported by Committee of Accounts, 189, 2V2, 215, 223
« Rolls of, reported by Treasurer, . . .73, 180, 219

" of State Printers, when to be audited, . . .145

Adams and Fbidson, appointed pubhshers of the laws, . . 127

Adams, Osee, and another, allowance to, for expenses of certain

prosecutions, ..... ^ 129

Amendment of Constitution, as regards House of Representatives,

recommended by Governor, . . . . . 30, 31

Ames, Sally, widow, to be repaid amount of forfeited recognizance, 159

Bankruptcy, uniform system of, recommended, . . . 142

Barnard, Albert F., provision for support of, at asylum for deaf and

dumb, 101

Boston South Bridge, certain proceedings to be had respecting,

conditionally, . . . . . . .104

Boston, city of, paid for improvements on Rainsford Island, . 172

Boundary between Massachusetts and Rhode Island, measures to be

taken respecting, if called in question, . •. . • 164

ii INDEX

Canada Road, through public lands in Maine, information concern-
ing, transmitted, ..... 53
" " further time allowed for completing, . . 69
Chaplains to Legislature, compensation of, established, . . 173
Chappequiddic Indians, commissioners on divisional line of, paid

for services, .... 58
" " provisions for support of pauper belonging

to, 62

" " expenses of prosecuting suit in behalf

of, paid for, .... 176

Civil government of Massachusetts, for 1832, list of, . . 3

Clapp, Derastus, allowance to, for prosecuting a criminal, . . 158

Clark, John F., allowance to, for support of state paupers, . . 104

Clerk of Valuation Committee, pay of, provided for, . . 61

Clerks employed in preparing valuation returns, paid for services, 68

" of Legislature, pay of, provided for, .... 137

Colburn, Nathan, allowance to, for revolutionai-y services, . . 176
Commissioner to be appointed to sell or exchange a strip of land in

Boston, belonging to the state, ..... 178

Commissioners to be appointed to revise laws, . . . 103
Committee on State Valuation, pay of, provided for, . . 61
" " " " report of, amended and accepted. 111 — 127
Connecticut, resolutions of, respecting powers of general govern-
ment, transmitted, ....... 50

Contingent Fund, provided for service of government, . . 138

Council, compensation of members of, established, . . . 165

Council Chamber, provision for repairs, &c., in, . . . 177

County taxes, granted, ...... 132

Davies, Charles S., paid for services in relation to Mass. Claim, 72

Deaf and dumb, provisions lor support of, in individual cases, 56, 101

" " " certain further provisions respecting suppoi*t of, re-
commended by Governor, ... 57

" " " further provisions respecting support of, , .66

Debtor and creditor, revision of laws respecting, recommended by

Governor, 31,32

Dorrance, Gardiner, allowance to, as member of last general court, 56

INDEX.

Ill

Eastern lands, information concerning, communicated by Governor, 39, 40

information concerning road through, transmitted, 53

further time allowed for completing road through, 69

" certain townships of, to be sold, . . ^ . j^G

" system for sale, «fcc., of, confirmed, . . .141

" opinions expressed concernmg, as affected by the

boundary question, ..... ign
Stage Company, allowance to, for a disiiatch on gov-
ernment service, • • . . 177
Electoral votes, form of returns of, prescribed, . . ! 174
Eliott, Margaretta B., authorized to convey certain real estate, '. 140
Ewer, Charles, may receive new deed from land agent, . . 144

Fellows, Daniel, junr. allowance to, for support of Indian pauper,
" " paid for expenses of suit in behalf of Chap-
pequidic Indians, ....
Fire proof edifice, pubhe documents to be removed to,
Flint, Waldo, and another, trustees, may convey certain real estate*
Fuel &c. for use of government, provision for,

17G

165

172

General Court, Members of, their compensation, established
Geological Survey of the Commonwealth, Report concerning, how

distributed, . . ,

Governor requested to apply certain legacy, to ornamenting
grounds near lunatic hospital in Worcester,
requested to transmit Resolutions respecting N. E.
Boundaiy to Members of Congress,
and Council, authorized to appoint Commissionei-s to
revise laws,

and Council, authorized to cause alterations at State
Prison, . . ^

requested to transmit copy of Resolutions on bankrupt-
cy to Members of Congress,
requested to take measures for defending Common-
wealth against legal process on the part of Rhode Island
requested to appoint Commissioner to negociate for

165

168

103

130

142

164

iv INDEX.

sale or exchange of a strip of land belonging to State, . • 178

Governor's Messages (for particulars see Messages) 25,53, 57, M, b4, OD, lUD,

106, 128, J 35, 145, 148,
Gray, John, Guardian, authorized to release lien, on certain real

f*St3,tG • • • • * *

Greenough, David S, certain estate of minor children of, may be
sold, ..••••'*

Harding, Nathan, allowance to, for revolutionary services,
Herring, Daniel, pension of, continued, . • •

Hopkins Fund, Trustees of, provisions for settlement of their claim

on tenants &c. . . ^ • • *

Hospital, (see Lunatic Hospital.)

Hubbard, Samuel, Guardian, may make negotiation for sale or ex-
change of land vvdth Commissioner on part of the Commonwealth

Journal of Convention of 1780, to be copied and printed,

K.
Kuhn, Jacob, pay of, provided for as Messenger,

li.

Land Agent, accounts of, settled,

<' " authorized to sell certain townships in
Maine, • • • •

131

160

162

178

106

Indiana, Resolutions from legislature of, transmitted,

Indians, Chappequiddic, Commissioners paid for establishmg their

divisional line, . . • • ^

., « provision for support of pauper belonging to, 62

u « expenses of suit in behalf of, paid for, 176

Ingersoll, Nathaniel, to have certain bond delivered to him.

Insane Hospital, information concerning condition of, communica

ted by Governor, ..••••

Insolvent Debtors (see Debtor and Creditor.)

69
34,36

171

163

99
136

INDEX. y

Land Agent may give new deed of land to Charles Evfr-

er,. ...... 144

Land Office, &c. provisions for enlarging, . . . 169
Lands in Maine, (see Eastern Lands and Land Agent.)

Lathrop, Lora, guardian, authoi'ized to sell certain real estate, . 110

Laws, (Metcalf's second pai-t of third volume) how distributed, 100

" revision of, to be made by Commissioners, . . 103

" publishers of appointed, . . ... 127

Leavitt, Joseph S, allowance to, for prosecuting a criminal, . 159
List of Civil Government of Massachusetts, for 1832, . . 3
Low, John V, paid for services as assistant messenger to Gov-
ernor and Council, ...... 171

Lunatic Hospital, information concerning, communicated by Gov-
ernor, . . . . . 34, 36

" " bequest for use of, by N. Mac carty Esq. ac-
cepted, ..... 67

" " further appropriation for, . . 170

Maccarty, Nathaniel, bequest of, for Lunatic Hospital, accepted, 67

Maine, resolutions of, respecting tariff, &c., transmitted, . . 49

" documents from, respecting Canada Road, transmitted, . 53

" documents from, respecting N. E. Boundary, transmitted, 62, 128

135, 145.

" State of, allowed further time to complete Canada Road, . 69
" and Massachusetts, right of, in territory claimed by Great

Britain, asserted, ..... 76 — 97

" documents from, respecting claim on United States, trans-
mitted, ....... 148

" ■ opinions expressed respecting proceedings of, on question

about N. E. Boundary, ..... 160

Massachusetts Claim, information concerning, communicated by

Governor, ..... 42, 43

" " certain services relating to, paid for, . . 72
" " documents from Maine, concerning, trans-
mitted, ..... 148

Message, on public affairs, at commencement of session, . . 25
" transmitting documents from Maine, relating to the Cana-
da Road, ...... 53

" recommending alterations in terms of admission to deaf

and dumb asylum, . . . . ".57

" transmitting documents from Maine in relation to the North

Eastern Boundary, ..... 63

INDEX.

Message transmitting information and documents in relation to the

boundary between Massachusetts and Rhode Island, . 64
" transmitting Report of Engineer for the State Survey, . 65
" informing of the resignation of Major Gen. Jabez Hall, . 105
" transmitting resolutions of legislature of Indiana, . . 106
" transmitting documents from Maine respecting N. E. boun-
dary, 128

" transmitting further information respecting N. E. Boun-

daiy, 135

" communicating particulars of correspondence with Gov.

of Maine, respecting N. E. Boundary, • . . 145
" transmitting resolutions from Mame, respecting Massachu-
setts Claim, ...... 148

Metcalf, Matthew, guardian, authorized to convey estate of certain

minors, ........ 107

Militia, remarks of Governor, on importance and condition of, . 43 — 46

" resolutions from N. Hampshire respecting, transmitted, . 50

Moody, David, guardian, may convey certain real estate, . . 156

Moore, Olive, administratrix, may convey certain real estate, . 155

New Hampshire, resolutions of, respecting militia, transmitted, 50

North Eastern Boundary, information and remarks concerning,

communicated by Governor, . . 40 — 42

" " " documents respecting, from Maine,

transmitted, .... 62

" " " opinion of Legislature respecting, ex-

pressed, .... 76 — ^97

" " *' further documents respecting, from

Maine, transmitted, . . . 128

" " " further information respecting, transmit-

ted, ..... 135
•* " " information as to correspondence con-

cerning, with Governor of Maine,
transmitted, . . . 145

" " " opinion of Legislature on proceedings

of Maine in relation to, expressed, 160

Opinion of Justices of S. J. Court, respecting quahfications of
voters, ........

228

INDEX.

Vll

Osgood, Isaac P., guardian, how to pay over proceeds of certain
sale, ......... 157

Parsons, Levi, authorized to convey certain real estate,

Paupers, (see State Paupers.)

Peabody, Charles, administrator, how to account for balance m
his hands, ........

Pensioner, State, allowance to, .... .

Perkins, Thomas H., and others, trustees, authorized to convey cer-
tain real estate, ....•.,

Pickering, John, trustee, authorized to sell certain real estate.

Pictures, in lobby No. 7 of State House, provision forrepairing and
framing, ........

Presidential Electors, form of return of votes for, prescribed.

Public Documents, better security of, provided for, .
" Lands, (see Eastern Lands and Land Jlgent.)

Publishers of the laws appointed, . . . . ,

138

150
160

167
166

163
174
165

127

Qualifications of voters, opinion of Sup. Jud. Court respecting,
expressed, ........ 228

Quarter Master General's department, appropriation for, . , 169

Rainsford Island, improvements at, paid for, .... 172
Randall, Abraham, paid for revolutionary services, . . 148

" " G., may convey certain estate of his wife, . 151

Rhode Island, documents from, respecting boundary, transmitted, . 64

" " claims of, respecting boundaiy line, to be resisted, . 164

Rollsof Accounts, audited and allowed, 73, 180, 189, 212, 215, 219,223.

Sawyer, Lucy, administratrix, may sell certain real estate, . . 135

Secretary, authorized to purchase Metcalf's edition of laws for dis-
tribution, ....... 100

" directed to cause the ancient pictures in the State House

to be repaired, . ..... 163

viii ' INDEX.

Secretary directed to take measures for preservation &c. of public

documents, ....... 165

" directed as to distribution of report on the geological survey. 168
" to cause Journals of the Convention of

1780, to be copied and printed, . . 171

State House, information concerning repaii's &c. of, communicated

by Governor, . . . . . . 39

" Roll of accounts for repairs at, allovped, . . ^3

" repairs on and additions to, paid for, . . . 142

" certain repairs at, provided for, . . • 177

State Laws, publishers of, appointed, .... 127

State Paupers, form of I'eturns on subject of, prescribed, . . 54

State Printer, accounts of, when to be audited, . . . 145

State Prison, infomiation concerning, communicated by Governor, 32 — 34
" " provisions for altering buildings at, . . • 130

*' *^ allowance to Chaplain of, . . lb

State Treasury, information and remarks concerning, communicat-
ed by Governor, ...... 46 — 49

State Valuation, report of Committee in relation to, (see also Valu-
ation Committee,) .... Ill

" " amended and estabhshed by Legislature, 113 — 127

Statutes, revision of, provided for, .... 103

Steele, Gurdon, allowance to for prosecuting criminal, . . 131

Stone, John, guardian, may perpetuate evidence respecting sale of

real estate, ........ 152

Survey of the State, information concerning, communicated by Gov-
ernor, . . . 36—38
'^ " Report of Engineer respecting, transmitted, 65
" " further appropriation for, . . . 102
" " geological report concerning, how distributed, 168

Taxes granted for the several Counties, .... 132

Tidd, John, guardian, may sell estate of certain minors, . 153

Tilton, Diadama, to be supported at Asylum for Deaf and Dumb, 56

Treasurer of Commonwealth, when to audit certain accounts, . 68

« " to deliver certain bond to Nath. Ingereoll, 69

" " authorized to borrow money, . 74

" " when to audit accounts of State Printer, 145

Tyler, John S, guardian, may convey estate of certain minors, 133

INDEX. ix

Valuation Committee, pay of members and clerk of, provided for, 61

" returns, clerks employed in preparing, paid for services, 68

" Committee, report of, . , . . .111

" established by Legislature, .... 113 — 127

Voters, qualifications of, by payment of taxes, decision of Justi-
ces of S. J. C, respecting, . . , . . 228

Wetherby, Oliver, allowance to, for loss in contract for Lunatic
Hospital, ........ 143

Whitney, George, guardian, authorized to file affidavit respecting
sale of real estate^ ....... 109

RESOLVES

THE GENERAL COURT

OF THE

Commontoealtf) of ^assac|)usettg,

PASSED AT THEIR SESSION,

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

THURSDAY, THE TWENTY-EIGHTH OF MARCH, ONE THOUSAND EIGHT

HUNDRED AND THIRTY-THREE.

33ubUsJ)elJ agrccabltj to a J^esolbc of tl)e sf):tecnt|) SJanuarjj, 1812.

DUTTON AND WENTWORTH, PRINTERS TO THE STATE.
1833.

CIVIL GOVERNMENT

OF THE

FOR THE POLITICAL YEAR 1833.

HIS EXCELLENCY

LETI LINCOLPT, E^aVIRE.

GOVERNOR.

HIS HONOR

SAMUEL T. ARMSTRONG, ESQ.

ZiIEUTENAXTT GOVERNOR.

COUNCIL.

HON. JOSIAH J. FISKE,

« HENRY HUBBARD,

« LUKE FISKE5

« JOSEPH BOWMAN,

« HOWARD LOTHROP,

" ELIJAH SWIFT,

« WILLIAM PERSON,

" DAVID MACK, JR.

« JOHN R. ADAN.

EDTVARD D. BANGS, ESaUIRE,

Secretary of the Commonwealth.

HEZEKIAH BARNARD, ESft.

Treasurer and Receiver General of the Commonwealth.

SENATE.
HON. BENJAMIN T. PICKMAN,

PRESIDENT.

SUFFOLK DISTRICT.

Hon. Alexander H. Everett, Hon. George Blake,
Benj. T. Pickman, Thomas Motley,

James C. Merrill, John Cotton.

ESSEX DISTRICT.

Hon. Elias Putnam, Hon. David Putnam,

William Johnson, Jr. Oilman Parker,

Josiah Newhall, William Nichols.

MIDDLESEX DISTRICT.

Hon. Elihu Cutler, Hon. Nathaniel Austin,

Daniel Richardson, Francis Winship.

Samuel Hoar,

PLYMOUTH DISTRICT.
Hon. Gershom B. Weston, Hon. Artemas Hale.

NORFOLK DISTRICT.

Hon. Joseph Hawes, Hon. Samuel P. Loud.

John Endicott,

BRISTOL DISTRICT.

Hon. Nathan C. Brownell, Hon. Seth Whitmarsh.
Samuel French,

SENATE. 241

WORCESTER DISTRICT.

Hon. David Wilder, Hon. Ira Barton,

William S. Hastings, Samuel Mixter,

Charles Hudson, Samuel Lee.

HAMPSHIRE DISTRICT.
Hon. Eliphalet Williams, Hon. John Leland.

HAMPDEN DISTRICT.
Hon. Patrick Boise, Hon. James Byers.

FRANKLIN DISTRICT.
Hon. Daniel Wells.

BERKSHIRE DISTRICT.
Hon. Edward Stevens, Hon. Thomas B. Strong.

BARNSTABLE DISTRICT.
Hon. John Doane.

NANTUCKET DISTRICT.
Hon. Barker Burnell.

Charles Calhoun, Clerk.
W. P. Gragg, Assistant Clerk.
George W. Blagden, Chaplain.
Charles C. Cutting, Page.

HOUSE OF REPRESENTATIVES.

HON. WILLIAM B. CALHOUN,

SPEAKER.

COUNTY OF SUFFOLK.

Boston, Cyrus Alger,

Samuel Austin, Jr.,
Joseph T. Adams,
Asa P. Adams,
Samuel Aspinwall,
Joseph T. Buckingham,
Levi Brigham,
Noah Brooks,
Daniel Baxter, Jr.,
Francis Brinley, Jr.,
Levi Bartlett,
John P. Bigelow,
B. W. Crowninshield,
Ezra Dyer,
Otis Everett,
Joshua B. Flint,
Luther Faulkner,
Henry Farnam,
Justin Field,
Daniel L. Gibbens,
Henry D. Gray,
Harrison Gray,
Eliphalet P. Hartshorn,
Ebenezer Hayvi^ard,

HOUSE OF REPRESENTATIVES. 243

Boston, George Hallet,

Nathaniel Hammond,
Prentiss Hobbs,
Thomas Kendall,
David Kimball,
Edmund Kimball,
Henry W. Kinsman,
Winslow Lewis,
Joseph Lewis,
Charles Leighton,
Charles Lincoln,
William Lawrence,
Thomas Minns,
Daniel Messinger,
Henry J. Oliver,
Thomas W. Phillips,
John L. Phillips,
Edward G. Prescott,
John S. Perkins,
. William Parker,
Lewis G. Pray,
Jeffrey Richardson,
James Ridgway,
Benjamin Russell,
Edward H. Robbins,
Simon W. Robinson,
James Savage,
Benjamin Stevens,
Robert G. Shaw,
Daniel Safford,
Lynde M. Walter,
John B. Wells,
John Wheelwright,

244 HOUSE OF REPRESENTATIVES.

Boston. Stephen White,

Redford Webster,
Nathaniel L. Williams,
Thomas Wetmore,
Simon Wilkinson,

Chelsea, Horatio Alger.

COUNTY OF ESSEX.

Amesbury,

Ichabod B. Morrill,

Stephen Sargent, Jr,

Edmund Whittier,

Andover,

Abraham J. Gould,

George Hodges,

Samuel Merrill,

Amos Spaulding,

John White,

Beverly,

Robert Rantoul,

Jesse Sheldon,

John Safford,

Charles Stephens,

Boxford,

Charles Peabody,

Bradford,

Jesse Kimball,

Stephen Parker,

Danvers,

John Page,

John Preston,

Jonathan Shove,

Ebenezer Shillaber,

Essex,

Jonathan Story, 3d,

Gloucester,

Gorham Babson,

Aaron Day,

Josiah Griffin,

Theophilus Herrick,

Gideon Lane, Jr.

HOUSE OF REPRESENTATIVES.

245

Gloucester,

Hamilton,
Haverhill,

Ipswich,
Lynn,

Lynnfield,

Manchester,

Marblehead,

Methuen,

Middleton,

Newbury,

Newburyport,
32

George Lane,
Aaron Plummer,
John Wanson,
Zachariah Standley,
William Batcheller,
Caleb B. Le Bosquet,
George Keeley,
Thomas G. Farnsworth,
Daniel Cogswell,
George W. Heard,
Stephen Pearson,
William B. Breed,
Joseph Currier,
Jacob Ingalls,
Francis S. Nevvhall,
Israel Perkins,
Micajah C. Pratt,
Eleazer C. Richardson,
Christopher Robinson,
John Upton, Jr.

Joshua O. Bowden,
John H. Gregory,
Robert Orne,
Frederick Robinson,
Simon Stone,
John Russ,
Ephraim Fuller,
Joseph Gerrish,
Silas Moody,
Moses Pettingill,
John Northend,
William S. Allen,
Charles H. Balch,

246 HOUSE OF REPRESENTATIVES.

Newburyport,

Rowley,
Salem.

Salisbury,

Caleb Gushing,
William Davis,
William Farris,
Moses P. Parish,

Gideon Barstow,
Holton J. Breed,
Caleb Foote,
Nathaniel Frothingham^
William Mansfield,
Stephen C. Phillips,
Dudley L. Pickman,
Thomas P. Pingree,
Michael Shepard,
Nathaniel Silsbee, Jr.
William Sutton,
Jacob B. Winchester,
Benjamin Bachelor,
Reuben Evans,
Elias French,

Saugus,

Zaccheus N. Stoc

Topsfieldj

fVenham,

Moses Foster,

West Newbury.

Eliphalet Emery,

Moses Newell.

COUNTY

OF MIDDLESEX

Acton,

Francis Tuttle,

Ashby^

Cushing Burr, Jr.

Bedford,

Amos Hartvvell,

Billerica,

Thomas Sumner,

Brighton,

Daniel Austin,

Burlington,

William Winn,

HOUSE OF REPRESENTATIVES. 247

Cambridge^

Amasa Davies,
Charles Everett,

Levi Farnell,

Samuel King,

Thomas Whittemore,

Sidney Willard,
William J. Whipple,

Carlisle,

Cyrus Heald,

Chariest own,

Benjamin Adams,

Edward Cutter,

David Fosdick,

Oliver Holden,

John Harris,

Guy C. Hawkins,

Lot Pool,

Daniel Tufts, Jr.

Chelmsford,

Benjamin Thompson,
Charles Bent,

Concord,

Joseph Barrett,

Dracut,

John Keyes,
Life Hamblet,

Dunstable,

Joseph B. Varnum,

East Sudbury,

Framingham,

Groton,

Isaac Gleason,
Luther Belknap,
John Boynton,

HoUiston,

John Rockwood,

Hopkinton,
Lexington,

Ambrose Morrill,

John Mulliken, Jr.

Lincoln,

Solomon Foster,

Littleton,

Joel Marshall,

Loioell,

Simon Adams,

248 HOUSE OF REPRESENTATIVES,

Lowell,

Maiden,

Marlborough,

Medford,

Natick,
Newton,

Pepperell,
Reading,

Sherburne,

Shirley,

South Reading^

Stoneham,

Stow and Boxboro\

Sudbury,
Tewksbury,

Townsend,

Samuel A. Coburn,
Jesse Fox,
Cyril French,
John P. Robinson,
Jacob Robbins,
Royal Southwick,
John L. Sheafe,
Jonathan Spaulding,
Joseph Tyler,
James Crane,
William H. Richardson,
Edward Wade,
Daniel Stevens,
Eli Rice,
John Sparrell,
Thomas R. Peck,
Chester Adams,
Allen C. Curtis,
Nathan Pettee,
John Richardson,

John Batchelder 3d,
Caleb Wakefield,
Micah Leland,
James P. Whitney,
Lilly Eaton,
Lemuel Sweetser,

Lyman Bigelow,
Moses Whitney,
William Brigham,
Jonathan Clark, 2d,
Isaac Holden, ,
Paul Gerrish,

HOUSE OF REPRESENTATIVES.

249

Toivnsend,

Daniel Giles,

Tyngsborough,

Simon Thompson,

JValtham,

Watertown,

Charles Bemis,

William Stone,

West Cambridge,

Leonard Greene,

Westford,

Abram Prescott,

Weston,

JSamuel Hobbs,

Wilmington,

Benjamin Foster,

Woburn,

Samuel Abbott,

Marshall Fowle,

Joseph Gardner.

COUNTY

OF WORCESTER.

Ashburnham,

Nathaniel Pierce,

Hosea Stone,

Athol,

Nathan Nickerson,

Barre,

Nathaniel Houghton,

Gardner Ruggles,

Berlin,

Jonathan D. Merriam,

Bolton,

Boylston,

Ward Cotton,

Brookfield,

Rufus Harrington,

Solomon Gilbert,

Charlton,

Ebenezer White,

Rufus Mixter,

Dana,

Italy Foster,

Douglas,

Amos Yeates,

Dudley,

William Hancock,

Morris Larned,

Fitchburg,

David Boutelle,

Levi Farwell,

Abiel J. Towne,

250 HOUSE OF REPRESENTATIVES.

Gardner,

Timothy Hey wood,

Grafton,

Joshua Harrington,

Joshua W. Leland,

Samuel Wood,

Hardwick,

Ebenezer Perry,

Harvard,

Holden,

Samuel Daman,

Charles Chaffin,

Huhhardston,

Moses Waite,

Ethan A. Greenwood,

Lancaster,

John G. Thurston,

Ferdinand Andrews,

Leicester,

Waldo Flint,

Joshua Murdock,

Leominster,

Leonard Burrage,

Charles Grout,

Lunenburg,

Mendon,

Milford,

William Godfrey,

Isaac Davenport,

Millhury,

William M. Benedict,

Henry Mills,

New Braintree,

Northborough,

Joseph Davis,

Northbridge,

Sylvanus Holbrook,

North Brookjield,

John Bigelow,

Oakham,

James Allen,

Oxford,

Alexander De Witt,

Larned Davis,

Paxton,

Tyler Goddard,

Petersham,

Micajah Reed,

Phillipston,

Abel White,

Princeton,

Charles Russell,

Royalsion,

Franklin Gregory,

HOUSE OF REPRESENTATIVES. 251

Rutland,

Joseph King,

Shrewsbury,

Nymphas Pratt,

Southhoro\

Dexter Fay,

Southbridge,

Sjlvanus Chamberli

George Sumner,

Spencer,

David Prouty,

Sterling,

Jacob Conant,

Thomas Wright,

Sturbridge,

Zenas L. Leonard,

David Wight,

Sutton,

Edward J. Mills,

Joshua Armsby,

Templeton,

Artemas Lee,

Samuel Dedman,

Upton,

Ezra Wood,

Uxbridge,

Samuel Read,

Joseph Thayer,

Ward,

Daniel Green,

Westborough,

Joshua Mellen,

Silas Wesson,

West Boylston,

Robert B. Thomas,

Western,

Joseph Field,

Westminster,

Merari Spalding,

Cyrus Windship,

Webster,

John Slater,

Winchendon,

William Brown,

Worcester,

Charles Allen,

Silas Brooks,

Lewis Chapin,

Alfred D. Foster,

Windsor Hatch,

John W. Lincoln.

252 HOUSE OF REPRESENTATIVES.

COUNTY OF HAMPSHIRE.

Amherst, Osmyn Baker,

Daniel Dickinson,
George Nutting,
Justus Forward,
Jonathan Olds,
Dyar Bancroft,
Jonathan Dawes,
John Ludden,
Thomas Gary,
Samuel Ayres,

Belchertown,

Chesterfield,

Cummington,

Easthampton,

Enfield,

Granhy,

Goshen,

Greenwich,

Hadley,

Hatfield,

Middlefield,

Northampton,

Norwich,

Pelham,

Plainfield,

Prescott,

South Hadley,

Southampton,

Ware,

Westhampton,

Williamsburgh,

Worthington,

Thomas Smith,
Simeon Dickinson,
Oliver Bonney,
Remembrance Bardwell,
Matthew Smith, Jr.
William Clark, Jr.
Ghauncey Clark,
Samuel Parsons,
Jonathan Strong,
Silas Warner,
Lewis Draper,
Erastus Bates,
James Grossett,
Hiram Smith,
Timothy Clark,
Enos Davis,
Alpheus Demond,
John A. Judd,
Samuel Graves,
Jonah Brewster.

HOUSE OF REPRESENTATIVES. 253

COUNTY OF HAMPDEN.

Blandford, Leicester E. Gibbs,

Justin Wilson,

Brimjield, Royal Wales,

Solomon Hoar,

Chester, William Shepard,

Granville, Elijah Seymour,

Noah Cooley,
Seth Taylor,
Theodore Sikes,
Carleton Squire,
Oliver MeKinstry,
Oren Parks,
Daniel King,
Chauncey W. Morse,
Amasa Holcomb,
George Ashmun,
George Bliss,
Thomas Bond,
William B. Calhoun,
Jonas Coolidge,
Joseph Pease,
Charles Packard,
Roger Harrison,
Alfred Needham,
Frederick Fowler, Jr.
Lewis Fowler,
Matthew Ives, Jr.
Linus Bagg,
Henry Phelon,
Asa B. Whitman,

Longmeadoiv,

Ludloic,

Monson,

Montgomery,

Palmer,

Russell,

Southwick,

Springfield,

Tolland,

Wales and Holland,

Westfield,

West Springfield,

254 HOUSE OF REPRESENTATIVES.

Wilbraham, Abraham Avery,

William S. Burt.

COUNTY OF FRANKLIN.

Ashfield,

Bernardston^
Buckland,
Colraine,
Conway,

Deerfieldj

Gill,
Greenfield,

Hawley,
Heath,
Leverett,
Ley den,
Monroe,
Montagucy
New Salem,
Northfield,

Orange,

Rowe,

Shelburne,

Shutesbury,

Sunderland,

Warwick,

Wendell,

Whately,

Chester Saunderson,
Jonathan Sears,
John Brooks,
Amos Shepard,
John Wilson,
Charles E. Billings,
Darius Stearns,
Epaphras Hoyt,
Stephen Whitney,
Seth S. Howland,
Alanson Clark,
Julia Smead,
John Tobey,
Samuel Hastings,
Silas Ball,
Elisha Chapin,

Jonathan Hartwell,
Frederick H. Allen,
Thomas Mason,
George Field,
Hiram Woodward,
Noah Wells,
William Wells,
Willard Raymond,
Horace W. Taft,
Lemuel Wheelock,
Jabez Sawyer, Jr.
Luke Wells.

HOUSE OF REPRESENTATIVES.

255

COUNTY OF BERKSHIRE.

Adams,

David Anthony,

Sandford Blackington,

James Mason,

Alpheus Smith,

Alford,

Chester Foot,

Becket,

Timothy Snow,

Cheshire,

Nathaniel Bliss,

Clarksburg,

Charlemont,

Waitstill Hastings,

Dalton,

Henry Marsh,

Egremont,

John Chadwick,

Florida,

Great Barrington,

Increase Sumner,

Hancock,

Hinsdale,

Robert Millican,

Laneshorough,

Henry Shaw,

Lee,

Walter Laflin,

Thomas Hurlbut,

Lenox,

Lyman Judd,

Mount Washington,

New Ashford,

New Marlboro'',

Elias J. Werden,

Benjamin Wheeler, Jr,

Otis,

Isaac I. Norton,

Peru,

Cyrus Stowell,

Pittsfield,

John Churchill,

Charles B. Francis,

Samuel M. McKay,

Thomas Melvill,

Richmond,

Eleazer Williams,

256 HOUSE OF REPRESENTATIVES.

Sandisfield,

John H. Allen,

Calvin Burt,

Savoy,

William Ingraham,

Sheffield,

Ephraim Kellogg,

Oliver Peck,

Stockbridge,

Amos Averj, Jr.

Tyringham,

Ezra Heath, 2d.

Washington,

Philip Eames,

West Stockbridge,

Martin Hendrix,

Williamstown,

Ebenezer Emmons,

Reuben Young,

Windsor,

Daniel 0. Holbrook

COUJNTY OF NORFOLK.

Bellingham,

Stephen Metcalf,

Braintree,

Joseph Richards,

Brookline,

John Robinson,

Canton,

James Endicott,

Cohasset,

Thomas Bourne,

Dedhani,

Theron Metcalf,

John W. Ames,

Dorchester,

Abel Gushing,

Foxborough,

Henry Hobart,

Franklin,

Nathaniel Miller,

Davis Thayer,

Medjield and Dover,

Daniel C. Sanders,

Milton,

John Ruggles,

Josiah Bent,

Medway,

Paul Daniels,

Needham,

Rufus Mills,

Quincy,

Thomas Taylor,

Edward Glover,

Randolph,

Joshua Spear, Jr.

HOUSE OF REPRESENTATIVES. 257

Randolph,

David Blanchard,

Roxbury,

John Champney,

Isaac Davis,

Jonathan Dorr,

John Lemist,

Joshua Seaver,

Jacob Tidd,

Stephen Williams,

Sharon,

Stoughton,

Jesse Pierce,

Walpole,

Phinehas Ellis,

Weymouth,

Lemuel Humphrey,

John B. Hollis,

Leonard Tirrell,

Wrentham,

Allen Tillinghast.

COUNTY OF BRISTOL.

Attlehorough,

Abijah M. Ide,

Berkley,

Adoniram Crane,

Dartmouth,

William Tucker,

Wanton Howland,

Dighton,

Nehemiah Walker,

Easton,

Oliver Ames,

Fairhaven,

Gideon Nye,

Freetown,

George Pickens,

Elnathan P. Hathaway

Mansfield,

Neil) Bedford,

John Burrage,

Isaac Case,

Charles W. Morgan,

Thomas A. Greene,

Edmund Gardner,

Benjamin Lincoln,

258 HOUSE OF REPRESENTATIVES.

New Bedford,
Norton,

Thomas Mandell,
Asa Arnold,

Cromwell Leonard,

Pawtucket,

Remember Kent,

Raynham,
Rehoboth,

Lloyd Bosworth,

Seekonk,

Church Gray,

Somerset,

Edward Slade,

Swanzey,

Benanuel Marvel,
John Earle,

Taunton,

George Walker, Jr.

Troy,

Simeon Borden,
Isaac Borden,

Earl Chase,

Azariah Shove,

Smith Winslow,

Westport,

Jonathan Davis,
Abner B. Gifford,

James Handy.

COUNTY

OF PLYMOUTH.

Abington,

James Bates,
John Gushing,

Micah Pool,

Bridgewaier,

Holmes Sprague,
Samuel Leonard, Jr,

Carver,

Benjamin Ransom,

Duxbury,

Seth^Sprague, Jr.
Gershom Bradford,

East Bridgewater,

Azor Harris,
Joseph Chamberlin,

Halifax,

Zadoc Thompson,

Hanover,

William Morse,

HOUSE OF REPRESENTATIVES. 259

Hanson,

Samuel House, Jr.

Hingham,

Martin Fearing,

Thomas Loring,

Henry Stowell,

James W. Sivrett,

Hull,

Kingston,

Spencer Bradford,

Marshfield,

Edward P. Little,

John Ford, Jr.

Middlehoro\

Bradford Harlovv,

Ephraim Leach,

Luther Murdock,

John Perkins,

Ethan Pierce,

Benj. P. Wood,

North Bridgewater,

Jesse Perkins,

Pembroke,

Plymouth,

Thomas Adams,

Isaac Barnes, Jr.

Barnabas Hedge,

Stephen Lucas,

Joseph Lucas,

Plympton,

Josiah T. Ellis,

Rochester,

Philip Crandon,

Amittai B. Hammond,

Charles J. Holmes,

Theophilus King,

Sciiuate,

Peleg Jenkins,

Wareham,

Perez F. Briggs,

Melville Otis,

West Bridgewater,

Ellis Ames.

260 HOUSE OF REPRESENTATIVES.

COUNTY OF BARNSTABLE.

Jaarnstable,

Jtienry L-rocker,

David Hinckley,

Charles Marston,

Zenas Weeks,

Brewster,

Benjamin Berry,

Chatham,

Joshua Nickerson,

Joseph Young,

Dennis,

Thacher Clark,

Joshua Wixon, Jr.

Eastham,

Michael Collins,

Falmouth,

Thomas Fish,

Harwich,

Isaiah Chase,

James Long,

Orleans,

Elisha Cole,

Thacher Snow,

Provincetoivn,

Isaac Small,

Elisha Young,

Sandwich,

Shadrach Freeman,

Truro,

John Kenney,

Joshua Small,

Wellfleet,

Freeman Atwood,

Ebenezer Freeman, 2d

Yarmouth,

John H. Dunbar,

James Crowell.

DUKES'

COUNTY.

Chilmark,

Harrison P. Mayhevv,

Edgartown,

Leavitt Thaxter,

Tishury,

David Look.

HOUSE OF REPRESENTATIVES.

261

COUNTY OF NANTUCKET.

Nantucket,

David Baxter,
Jonathan C. Briggs,
Jared Coffin,
Isaac Folger,
David Joj,
George Mjrick,
Seth Pinkham.

LUTHER S. CUSHIiNG, Clerk.

Rev. Howard Malcom, Chaplain.
Jacob Kuhn, Messenger to the General Court.
Elijah W. Cutting, Assistant Messenger.
Francis Pitts, Page.

RESOLVES

THE GENERAL COURT

OF THE

COMMONWEALTH OF MASSACHUSETTS.

PASSED AT THEIR SESSION,

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

ON THURSDAY, THE TWENTY-EIGHTH OF MARCH, ONE THOUSAND

EIGHT HUNDRED AND THIRTY-THREE.

GOVERNOR'S ADDRESS.

Representatives' Chamber, January 8, 1833.

At 12 o'' clock, noon, agreeably to assignment, the two
Houses assembled in Convention, when His Excellency
the Governor came in, preceded by the Sheriff of Suffolk,
and attended by His Honor the Lieutenant Governor,
the Honorable Council, and the Secretary, Treasurer,
and Adjutant General, atid delivered the following

Gentlemen of the Senate, and

of the House of Representatives :

The political stations, to which, by the suffrages of
our Fellow Citizens, we have respectively been assigned,

264 GOVERNOR'S ADDRESS.

for the coming year, and the duties of which, under the
sanction of an appeal for our fidelity to the Searcher of
Hearts, and with an invocation of the blessing of aa
overruling Providence upon our labors, we have now
voluntarily assumed, devolve upon us high and solemn
responsibilities. At this season of friendly salutation
and personal good wishes, it is additional cause for mu-
tual congratulation, and for devout and grateful acknowl-
edgement to Heaven, that we enter upon the Trusts
which have been committed to us, under circumstances
favorable to their satisfactory discharge, in the fulfilment
of the legitimate objects for which they were created.
Witnessing, every where, in our beloved Country, the
means of promoting private happiness, and the wide
spread diffusion of the fruits of an unexampled national
prosperity, the pubhc Functionaries have but to regard
the true sources of these enjoyments, and by a sacred
observance of the principles of patriotism, of social
order, and of moral virtue, to which they are referable,
heeding the admonitions of experience, and adopting
the counsels of wisdom, strive to secure their continued
possession to the improvement of their constituents, and
their transmission, as a rightful inheritance, for succes-
sive generations of their Posterity.

In a review of the events of the past year, we cannot
fail specially to recognize the signal manifestation of di-
vine mercy, which has spared from the waste of a de-
structive Pestilence, the lives of the People of this
Commonwealth. While almost every other portion of
the habitable Globe has been scourged and agonized by
its ravages, and many of the Cities and Villages of our
own Country now mourn its terrible desolations, it has
passed lightly over us, leaving scarce an impress of its
fearful visitation. It may be, that, in the administrations

GOVERNOR'S ADDRESS. 265

of an inscrutable Providence, we are yet to feel, still
more nearly, the admonitions which this Destroyer seems
commissioned to convey. Let it not be in vain, that,
even from a distance, it has taught lessons of precaution
in the wholesome ordinances of well regulated Commu-
nities, or given better assurance of individual security in
sober and virtuous lives. If, in the unregulated pursuits
of business, or the authorized indulgencies of society,
there are to be found inducing causes to a disease, which,
when once introduced, seizes for its prey, upon the use-
ful and the good, alike with the vicious and the worth-
less, does it not demand the serious consideration of the
Lawgiver and the Magistrate, how soon, and by what
means, these Causes may be controlled ? An inordinate
appetite for the use of spirituous liquors, too often grati-
fied by their free and unlicensed sale, has given occasion
for immediate and greatest apprehension. If experience
has shown, that, by moral influences alone, the former
cannot be corrected, it becomes the more imperative,
that, by wise enactments, and their rigid enforcement,
the latter should be effectually restrained.

1 have the satisfaction of advising you, that the do-
mestic relations and interests of the Commonwealth
continue to present the most gratifying aspect. There
has been, during the past year, little for Executive atten-
tion, but the discharge of definitely prescribed duties,
and that vigilant and faithful observance of the injunc-
tions of the Constitution, and the provisions of Law, in
the administration of the Government, which the fulfil-
ment of the obligations of Office, in this Department,
unceasingly requires.

In compliance with a Resolve of the last Legislature,
upon the subject of certain Resolutions of the General
Assembly of the State of Rhode Island, asserting a

266 GOVERNOR'S ADDRESS.

right to disturb the existing line of division between
the two Governments, and to obtain possession and juris-
diction of a valuable portion of territory on our Southern
border, an eminent Counsellor, one of the Senators of
the State in Congress, was immediately consulted, and
his professional services engaged, on the behalf of this
Commonwealth. In a correspondence with him, I have
been informed, that, at the last term of the Supreme
Court of the United States, a Bill in Equity was filed in
the name of the State of Rhode Island against Massa-
chusetts, and the usual process moved for. As a ques-
tion was then pending in a case between other parties,
upon the power of the Court to sustain actions between
States, without some Statute provision to regulate and
aid the proceedings, no summons was issued. The
granting of it, is now understood, to wait the decision,
in the case referred to. Whatever may be the result
of the application to the Court by the State of Rhode
Island, an undoubting confidence may be entertained in
the safe defence of Massachusetts against this extraor-
dinary Claim. By investigations and discoveries of
evidence, even since the able and satisfactory Report of
the Committee of the Legislature of the last year, there
is now placed, within the control of the Executive, ad-
ditional, abundant, and, as it would seem, altogether
unanswerable proofs, of the original establishment, and
subsequent deliberate recognition and formal confirma-
tion, by both parties, of the boundary line, in precise ac-
cordance with the actual possession of the territory on
either side, and the practical jurisdiction, which, to the
present day, has been exercised over it, by the Govern-
ments of the States, respectively. Undesirable, and
indeed vexatious, under the circumstances, as Htigation
may be, there is no occasion on our part, for seeking to

GOVEENOR'S ADDRESS. 267

avoid it, through fear of the imputation of resisting the
demands of justice, or from a reasonable apprehension
of its unfavorable issue. Should the State be called
into Court, it will not be without preparation to main-
tain, in sincerity and good faith, her position in the Con-
troversy.

The disposition which was given by the General Gov-
ernment to the subject of the award of the King of the
Netherlands, in relation to the North Eastern Boundary,
involving so prejudicially the right of property in Mas-
sachusetts to the soil of the disputed Territory, super-
seded the occasion of any measures by the Executive of
this Commonwealth, under the Authority of a Resolve
of the 23d of March last. It may now be understood,
from the advice of the Senate to the President, and the
annunciation in his Message, at the opening of the
present session of Congress, of a proposition having
been made to the British Government to enter into a
further negotiation upon the matter in dispute, that the
opinion of the Arbiter is finally rejected, and the question
restored to the true ground upon which it rested, prior
to the submission. However unfortunate may be the
occasion for a longer continuance of this controversy, yet
confiding in the clear and distinct perception of the jus-
tice of the position, assumed, and uniformly and consist-
ently maintained, by this Commonwealth, that the estab-
lishment of the line should be made to conform to the
description of boundary given in the Treaty of 1783, by
which, both the severance and sovereignty of the Nation
were acknowledged, it may well be hoped, that the
strenuous opposition and earnest remonstrances which
were urged against the adoption of the compromise pro-
posed by the Arbiter, will secure, in any future attempts
at adjustment, a regard to the more precise and certain

268 GOVERNOR'S ADDRESS.

application of the terms of the Treaty to corresponding
indications upon the face of the Country. No other
mode of determination can be satisfactory. The value
of the soil, as an object of property, has come to be
better understood, and the vveight of this interest to the
States, added to the political advantages which jurisdic-
tion over the Territory affords to the Nation, must for-
ever, prevent its voluntary surrender. The refusal to
accept the Award has been followed by no manifestation
of hostility or disappointment on the part of the British
Government. No new attempt has been made, during
the year, by the neighboring Province, to extend its
authority, nor by British Subjects, further to encroach
upon our possessions, in this quarter.

In the management and disposal of other portions of
the public lands held by the Commonwealth, within the
State of Maine, the measures of the Land Agent have
been singularly judicious and successful. Pursuant to
the terms of a Convention entered into between the
Governments of Massachusetts and Maine, the situation
and description of all the lands, which were to be put
into the market, were carefully examined and ascer-
tained, the Townships arranged into classes according
to their quality and supposed value, and the minimum
prices fixed for the regulation of the sales by the Agent
of each State. Under the authority of several Resolves,
the Agent of this Commonwealth has, in the course of
the season, disposed of twelve Townships of the divided
lands, lying in equal proportioH on each side of the
Monument line, for the aggregate amount of one hun-
dred and thirty-four thousand, nine hundred and forty-
four dollars and thirty-seven cents, and, in conjunction
with the Agent of Maine, bargained for the conveyance
of three Townships of the undivided lands, for a sum, of

GOVERNOR'S ADDRESS. 269

which the Commonwealth's moiety is thirty-eight thou-
sand six hundred and ninety-nine dollars and ten cents.
Sales have also been made of sundry small tracts and
detached parcels of land, remaining from former large
divisions between the States, and Permits granted, on
highly advantageous terms, for cutting timber, where the
fee of the land is still retained in the Government. By
all these proceedings of the Agent, within the year, not
less than one hundred and eighty thousand dollars^ will
probably be realized to the Treasury, while, from the
effect upon the remaining lands, of the increase of busi-
ness and of settlement, induced by the opening of the
Country for occupation and improvement, it may well
be doubted, if the amount of the continuing interest of
the State in this property is, in any degree, diminished.
When it is recollected, that, soon after the Act of Sep-
aration, a proposition was seriously debated in the
Legislature, to dispose of all the right of the Common-
wealth in the Public Lands, for a sum, less, even, than a
few Townships, comprising hardly one twentieth part of
the extent of the Commonwealth's title, have been sold
for, in a single year, the immense value of this territory,
and its future importance to the State as a resource for
revenue, or a means of constituting a fund for the pro-
motion of interesting objects, and permanent improve-
ments at home, will be more justly estimated.

With the sales which have been made, the authority
of the Agent, under former Resolves, has been exhaust-
ed. I now recommend an extension of his powers to
the disposal of other tracts, which are favorably situated,
and may be in immediate demand for their timber, or
for settlement.

In addition to the sales which have been made. Boun-
ty Deeds, conveying, each, two hundred acres, have

270 GOVERNOR'S ADDRESS.

been executed to seventy-three soldiers of the Army of
the Revolution, or their legal representatives.

Such farther progress has been made in the construc-
tion of the Aroostook Road, that thirty-seven miles of
the route are now completed. When it shall be carried
through to the River, w^hich the Agent anticipates may
be by the close of another year, a region of great fertility,
and abounding in the mo?t valuable timber, hitherto ex-
cluded from approach, will be open to easy communica-
tion, and to the certainty of demand in the market, both
for the lumber dealer and the settler. ~~.-..

In accordance with an arrangement authorized by a
Resolve of the Legislature of the 23d of March last, the
Trustees of the Charity of Edward Hopkins have satis-
factorily executed and delivered, in the manner required,
a full and complete release of all claims and demands
in law and equity, upon the Commonwealth, and of all
claims and demands against the tenants of lands in the
towns of Hopkinton and Upton, of which the Trustees
claimed to be lessors, or successors of lessors, and have
been paid from the Treasury, in consideration thereof,
the sum of eight thousand dollars. An occasion of con-
troversy, which has long vexed a portion of our fellow
citizens, and often been found troublesome and perplex-
ing to the Government, is thus, at length, happily put at
rest.

The Trigonometrical Survey ordered by the Govern-
ment, for the purpose of obtaining an accurate map of
the State, has been prosecuted, through the past season,
and is still in progress, under the direction, and by the
personal labors of the Civil Engineer to whom the ser-
vice was originally given in charge. From the monthly
reports which have been required of this Officer, there is
continued reason to be satisfied with his industry, faith-

GOVERNOR'S ADDRESS. 271

fulness, and skill, in the performance of this arduous and
difficult task. The perfect exactitude which is to be had
in the observations and mensurations necessary to the
triangulation, renders the process exceedingly slow, and,
it is to be feared, will occasion greater delay in the com-
pletion of the work than was at first anticipated. No
map of like description has, as yet, been executed in any
of the States ; nor is it known, that any such survey has
before been attempted in the country, except in the com-
mencement of a design by the General Government, some
years since, and now recently resumed, to procure, in like
manner, a Chart of the sea coast of the United States.
Since the undertaking here, the Legislature, for the
time being, has been kept advised of its management
and progress. All the reports of the Engineer, general
and special, up to the close of the last session, have been
communicated by the Executive, and remain on the
public files ; and to these, are now to be added the spe-
cial reports for the past season, which will be transmit-
ted. It has not been thought expedient to withdraw the
Engineer from the country, while the weather remained
open, for the purpose of preparing, for the present occa-
sion, a more precise and connected account of his ope-
rations. This is a labor of time, and may be performed
after the severity of the season shall have driven him
from the field, and in sufficient opportunity to be pre-
sented to your notice during the session. It is confi-
dently believed, that another year will complete the sur-
vey. But whatever may be the delay, this great work,
when well accomplished, in connexion with the Map, and
the Geological Survey and Reports embraced in the
plan of the Government, will constitute an invaluable
acquisition to the means of improvement, applicable
alike to the uses of the State, and the business of the

272 GOVERNOR'S ADDRESS.

citizens, and become a noble contribution to the promo-
tion of the interests and cause of science.

The distinguished Professor to whom was assigned
the service of making the Geological Survey, and who,
the last year, presented the first part of his Report,
which has been given to the public, has now brought his
interesting labors nearly to a close, and promises the
result of his researches and observations, in the remain-
ing parts of the Report, accompanied by numerous spe-
cimens of rocks, ores, and minerals, which have been
collected and scientifically arranged and described, for
the use of the Government, before the termination of
your session.

A Commission, authorized by a Resolve of the 24th
of February last, to revise, collate, and arrange the Co-
lonial and Provincial Statutes, and the General Statutes
of the Commonwealth, has been constituted, with an
anxious regard to the character and importance of the
service to be performed, by the appointment of gentle-
men eminent as Jurists and Counsellors at law, who were
conveniently situated for necessary, frequent, and free
intercourse and co-operation with each other, and who
have consented to enter upon this arduous and respon-
sible trust. The Commissioners being required by the
further provisions of the Resolve " to suggest such con-
tradictions, omissio[is, or imperfections as may appear
in the laws to be revised, aiid the mode in which the
same may be reconciled, supplied, or amended," have
not had opportunity to make such progress in this ex-
tended work, as will enable them to report to the pre-
sent General Court.

The provisions of a Statute of the last Legislature, for
enlarging the jurisdiction of the Court of Common
Pleas, and regulating the appointment and duties of

GOVERNOR'S ADDRESS. 273

prosecuting officers, have been carried into full effect,
since the recess. As the law proposed an essential
change in the administration of the criminal jurispru-
dence, and was considered, to some extent, an experi-
ment, it is gratifying to learn, that it has proved, in a
high degree, beneficial and satisfactory. Under the
management of able and efficient prosecuting officers,
the business of the Commonwealth has been disposed of
in the Common Pleas, with great expedition, and but
little if any interruption to the despatch of the civil
docket, beyond what had been usual under the previous
limited cognizance of criminal matters by this Court,
while the Supreme Court, overburdened and oppressed
as it still is, has been relieved from a portion of duty,
which greatly interfered with the more important func-
tions of a tribunal of appellate and final jurisdiction.
Much loss of valuable time to the citizens, in their
necessary attendance in the capacity of jurors, upon the
Supreme Court, especially at the law sittings, is now
prevented, and, from this cause, and also the shorter
periods of the confinement of arrested persons, by the
opportunity offered for their trials in the more frequent
terms of the lower Courts, a large aggregate of annual
expense will, henceforth, be saved to the Treasury. Be-
sides, as the administration of justice is prompt, the de-
tection and punishment of offenders will be more cer-
tain, and crimes become less frequent.

In regarding the unquestioned advantages to the
community, which have resulted from the operation of
the recent law, I cannot but feel warranted in recom-
mending to your consideration the expediency of modi-
fying, still further, the distributive assignment of judicial
duties, by enlarging the final jurisdiction of the Common
Pleas, in civil cases, subject to the right of appeal on

274 GOVERNOR'S ADDRESS.

exceptions in matters of law, and thus more equally ap-
portioning the business between the respective Courts,
by the convenient opportunity allowed to each, for its
discharge. There appears no good reason why the
issue of matters of fact, to be ascertained by a jury,
composed of men of the same qualifications, and by a
like mode of trial, should not be determined before the
tribunal where they are made originally cognizable.
When an appeal lies of right, it will too often be claimed
with a view to the laws delay, or the supposed chance
issue of litigation, rather than with reference to the
character of the Bench, in the Court of ultimate resort.
The Judges of the Supreme Court, it is well known, are
now pressed to the most incessant and exhausting la-
bors by the duties of their office, while a larger share of
business, it is believed, might not unreasonably, nor
unprofitably, be assigned to the Common Pleas. I re-
spectfully submit to you, that the public interest requires
the relief of the former, in the mode proposed, or in
some more effectual and satisfactory manner.

The information can not fail to be received with great
satisfaction by the Legislature, and the Public, that the
noble charity of a provision, in the construction of the
State Lunatic Hospital, for the better care and treat-
ment of the most abjectly miserable class of our Fellow
Beings, is on the point of bein^ made in readiness for
their relief. The Government of the Institution has
been organized, by the appointment of all the Officers
authorized by law, and the adoption of by-laws for the
regulation of its concerns, and I have been officially
advised, that the Building will be prepared for the re-
ception of those, who are to become its inmates, after
the tenth day of the present month. A difficulty, how-
ever, has presented itself, under the act providing for

GOVERNOR'S ADDRESS. 275

the regulation of the Hospital, passed on the 24th of
March last, in respect to the removal of the Lunatics,
who are now confined in the Gaols and Houses of Cor-
rection. By the 3d Section of that Statute, it is, among
other things, enacted, " that as soon as the Hospital
shall be prepared for the reception of the Lunatics, and
that fact shall be made public by the Proclamation
of the Governor, all Lunatics, who, at the time of such
Proclamation, shall be confined in any Gaol, or House of
Correction, under any order, decree or sentence of any
Court or any Judicial Officer, shall as soon as may be prac-
ticable, be removed to said Hospital, under the direction
of the Mayor and Aldermen of the City of Boston; or
of the County Commissioners of the several Counties of
the Commonwealth, at the expense of said City and
Counties respectively." It has been represented to me
by the Trustees, and indeed, it must be obvious from the
dreadful nature of the malady, with which the persons to
be removed are afflicted, that the reception of such
numbers at or near the same time, would overwhelm
with confusion and embarrassment every department of
the Institution. " It will be utterly impracticable (say
the Trustees in their communication) for the Supcrin-
tendant of the Institution to receive, in one day, or even
in a single week, all those insane persons, whose remo-
val is peremptorily enjoined by the above mentioned
law. But few individuals can be received and properly
taken care of, in a day, without occasional hazard to
the safety, and certain prejudice to the comfort, of each.
Some time, also, will be required, for the Superintend-
ent to learn the peculiar tendencies and disposition of
each of the inmates, as preparatory even to an imper-
fect classification of the whole." From these consider-
ations, the trustees proposed, that directions should be

276 GOVERNOR'S ADDRESS.

given for the removal of the Lunatics, gradually, at dif-
ferent periods, and with sufficient intervals of time be-
tween the removal of those from different counties, to
give opportunity for the convenient disposition of them,
as they should arrive. Fully sensible of the propriety,
and indeed, of the necessity, of such an arrangement,
but doubting my authority, under the law, to require a
conformity to it, I have delayed a Proclamation, that the
subject might previously be submitted to your direction.
In the mean time, that no neglect should occur in the
improvement of the Institution, as soon, and as amply, as
is admissible, a Circular letter has been transmitted to
the Municipal and Executive authorities, who have
the charge of removing the Lunatics, apprizing them of
the time when the Building will be in preparation, and
of the desirable arrangement in relation to the reception
of its destined occupants. A copy of this Circular,
containing a copy also of the communication addressed
to me by the Trustees, will be laid before you. It will
be observed, that these papers have regard, likewise, to
the condition of the person and clothing of the Lunatic,
at the time of his removal. This latter regulation is
deemed of great importance to the future cleanliness,
comfort, and success of the new Establishment. Under
a view of all the circumstances, it remains to me, as a
duty, to advise to an immediate amendment of the 3d
Section of the Statute, so as to provide, instead of the
requirement for the removal of the Lunatics from the
Gaols and Houses of Correction, as soon as practicable
after the issuing of the Proclamation, that they shall be
removed, thereafter, from the Counties respectively, in
suck time and manner, and with such previous preparation
of clothings as in the Proclamation shall be prescribed.
The Commissioners, charged with the superintendence

GOVERNOR'S ADDRESS. 277

of the construction of the Hospital, have not yet had
opportunity to collect the accounts of the expenditures,
and prepare a Report of the progress and present state
of the work', and of what remains to be completed.
Various causes beyond their control, have contributed to
delay them in the arrangement of the grounds, and the
erection of the fences for the necessary yards to the seve-
ral departments of the Establishment. But the materials
are in preparation, and the whole labor may be accom-
plished, early in the ensuing season. ^ — """'
The visitorial and supervisory powers, which the Ex-
ecutive is required to exercise over the affairs of the
State Prison, necessarily make the condition of that In-
stitution a subject of annual communication. The duty
of laying before you the Reports of its officers has never
been discharged with feelings of higher satisfaction, than
on the present occasion. With the former state of the
Prison, under arrangements which admitted of free in-
tercourse and correspondence between the Convicts,
when little opportunity was afforded for moral culture,
and none for religious influences ; when labor was com-
pelled by privation and stripes, and industry induced by
the bribes of pernicious indulgence, the community have
long since been made acquainted. Humanity was shocked
at the history of the abominations of the very place set
apart for the expiation of crime, and philanthropy itself,
well nigh despaired of the application of means to pro-
duce correction. It was then, by a wise and liberal act
of legislation, involving in ultimate appropriations nearly
an hundred thousand dollars of expense, the experiment
was commenced, of seclusion from association, and em-
ployment in silence, of moral instruction, and religious
admonition, encouragement, and consolation, of which a

degree of improvement in temper and character, and in
36

278 GOVERNOR'S ADDRESS.

pecuniary results, even unlooked for in the most sanguine
anticipations, is already the certain and satisfactory re-
sult. In the congratulatory but modest language of the
Inspectors, to whom so much credit for this salutary
change is justly due, " the Commonwealth may be felici-
tated on the success of a system, at once wise, humane
and economical, affording to the convicts every possible
opportunity and inducement for reformation, and, in the
possession of an Institution, which, though it may be
liable to some fluctuations, depending mainly on the
price of labor in the vicinity, is yet, on the whole, com-
petent to support itself, permanently. They have never
held out higher expectations- than these, in relation to it,
and, after a careful observation of its progress, for more
than four years, they do not hesitate to say, that these
expectations are now realized."

^ In the early part of August, a disease, characterized
■^ in the Report of the Physician, as an " Epidemic Diar-
rhoea, attended with the greatest suffering and peculiar
symptoms," suddenly broke out in the Prison, and, in the
short space of twenty-four hours, prostrated more than
one hundred of the convicts, reducing many of them,
apparently, to the very point of death. '-Then it was,"
says the pious Chaplain, " that every inmate of the Prison,
however hardened and atheistical he may have before
appeared, seemed to feel, that a mightier hand than any
of mere created power was in the midst of them. Not
a heart but quailed under the exhibitions of this power,
which, as it were, in a moment, had prostrated, not the
weakest merely, but the strongest and most hardy of
their number. Not a soul but felt, that God was there !"
And it wa.^ of the presence of God, in his blessing upon
the application of human means, that all these lives were
spared. Although the disease continued to prevail for

GOVERNOR'S ADDRESS. 279

weeks, and extended its attacks, with greater or less
severit}', to almost the entire number of Convicts, not
one was suffered to perish. The assiduous and unwearied
attention and successful skill of the Physician, aided by
the gratuitous and kind offices of eminent medical men
from the vicinity ; the watchful superintendence of the
Inspectors ; the soothing ministrations of the Chaplain ;
the fearlessness, firmness, and devoted fidelity of the
Warden and his subordinate Officers, in this trying period,
deserve, that they should be borne in honorable mention
to the Legislature.

The pecuniary accounts of the Prison, made up to the
first of October last, show a balance of earnings and re-
ceipts, within the year, exceeding, by four thousand, one
hundred and ninety-two dollars and thirty-two cents, the
aggregate amount of expense, of every kind, incurred in
the government and support of the Institution, and this,
notwithstanding a great diminution in the number of
Convicts, and the loss of more than four thousand days
labor, by sickness. In the balance of credit, however, is
included some amount for labor performed the preceding
year, which has since been paid, but not more than an
equivalent to the value of the time lost by the extraor-
dinary Epidemic alone. To assist in forming a more
satisfactory judgment of the industry, discipline, and
good order of the Prison, and of the productiveness of its
labor, it has been estimated by the Inspectors, that two
hundred Convicts must earn, on an average, seventy
dollars each per annum, besides their own support, to
defray the charges upon the Institution, with the present
number of prisoners.

I have but glanced at some of the most striking facts
and results presented in the elaborate and interesting
Reports from which they are gathered. If in doing even

280 GOVERNOR'S ADDRESS.

this, there may seem to have been too much of particu-
larity, it should be considered, that the concerns of this
Institution have heretofore been a subject of solicitous
regard by the Government, and the moral condition of
its inmates the occasion of deep feeling, throughout the
Commonwealth. The experiment which has been mak-
ing was important, both as a measure of Municipal regu-
lation, and an attempt at Penitentiary reform, unprom-
ising indeed in the beginning, and often discouraging in
its progress, but the final success of which must be alike
gratifying to the sympathies of human nature, and honor-
able to the character of the State in which it has been
accomplished. The Reports will be found to contain
many curious disclosures and valuable observations in
relation to the causes of crime, in the neglected educa-
tion and former habits and associations of the Convicts,
and in reference to the means of correction, which are
worthy the regard of the whole public. The history
given by the Physician, of the appearance, prevalence,
and treatment of the Epidemic disease, must be es-
pecially interesting to the cause of medical science.

The construction of a house for the residence of the
Warden, within the limits of the Prison Yard, as directed
by a Resolve of the Legislature, has been completed,
and is now ready for occupation. Owing to a mistake
of the Architect in the Plan approved by the Executive,
an enlargement of the dimensions of the Building be-
came necessary, after the contract for the work had been
entered into, which has occasioned an inconsiderable
excess of expenditure beyond the appropriation. The
papers which will be laid before you, will explain the
cause and amount of this difference, and the directions
which were given by the Executive on the subject. A
small additional appropriation will be required to satisfy

GOVERNOR'S ADDRESS. 281

the deficiency from the Treasury, or an authority to the
Warden to retain the amount, from the balance of credit,
in his accounts with the Prison.

The annual account of the state of the Treasury,
made up to the first instant, exhibits a gratifying im-
provement in the condition of that Department. At the
commencement of the last year, the balance of Cash
on hand was ^18,551-^^. At the close of the year, it
amounted to ^81,223^. This latter sum, how-
ever, is specially chargeable with the investment of
^38,606-;^, received for sales of Eastern Lands,
which, by a standing order of the Legislature, is to be
placed, as a distinct fund, on interest, subject to any
future appropriations by the Government, and would re-
duce the balance to $42,617-^. The Receipts into
the Treasury during the year, including the balance
at its commencement, but exclusive of money borrowed
of the Banks, and of all Monies, whether for principal or
interest, received on account of the lands, amounted to
;^384,141-|^ ; and the aggregate of Payments, e.T-
c/M5z?;e of money repaid to the Banks, to .$304,613^.
Of the receipts, the sum of ^l^,b01~, was the
proceeds of a State tax granted in 1831, which be-
came payable into the Treasury the last year. If this
sum also, should be deducted from the aggregate of
receipts, as not resulting from the ordinary sources of
Revenue, within the year, there would still remain
$309,633^, being an excess of ;^5,020^, over the
expenditures. By the aid of the tax, the debt of the
Commonwealth to the Banks for loans, which have here-
tofore been required in anticipation of the Revenue, has
been greatly diminished, and the large amount, now in
the Treasury, produced.

On a comparison of the accounts of the two last

282 GOVERNOR'S ADDRESS.

years, it will be found, that the disbursements at the
Treasury in 1832, were less, by ^76,868^, than in
the year preceding. Unless disastrous public events
should occur, to call for extraordinary expenditures, or
interrupt the usual receipts, the revenue from provided
sources, may safely be estimated as sufficient to meet
the wants of the Government, without resort to a direct
tax, the current year. Measures already in operation
are effecting salutary retrenchments, and others which
have hitherto unsuccessfully been attempted, may yet be
adopted, with advantageous and saving pecuniary re-
sults.

In the above estimates, the still existing debt of the
Commonwealth to Banks and Individuals for loans of
money heretofore obtained, has not been disregarded.
This debt is now reciuced to ^140,200 ; and with all the
liabilities which are known to exist against the Treasu-
ry, the sum would not be made to exceed ^30,000 more.
Against this, the Commonwealth has the large Balance
in the Treasury, of ^81,223;^ ; — Stocks in notes of
the Banks, upon the investment of money received of
the United States on account of the Claim, to the amount
of ^281,000 ; and a further amount of ^25,000 in special
deposits bearing an interest of five per cent, on account
of the sales of the public lands; — together with Bonds,
Notes, and Contracts, which are the securities for money,
in payment for lands, to the amount of ^170,812^
with a still further sum of ^10,845-J^ in securities re-
sulting from other sources ; thus making an aggregate
of ;$f568,88l^- in available funds, applicable, at the
pleasure of the Government, to the discharge of obliga-
tions not exceeding, at the extent, ^170,000. Future
sales of land, and a further payment on account of the
Claim, or, at least, the receipt of interest on that part

GOVERNOR'S ADDRESS. 283

of the principal which has been paid, are not such con-
tingencies, but that they may reasonably be looked to,
as additional sources of supply to the Treasury of the
State.

Much difficulty has occurred in the attempt to make
a satisfactory investment of the money accruing from
the sales of land, conformably to the order of the Le-
gislature. The high prices of Stocks have been unfa-
vorable to their advantageous purchase in the market,
and it is doubted, whether this would even be justified,
while a right exists in the Government to subscribe to
the Capital of the Banks. Yet, whenever the latter
measure has been proposed, it has been met by the ob-
jection, that a subscription to the Stock of a Bank
already in operation, by the addition of Capital, and
the admission of a new partner, would necessarily oc-
casion a valuation of all the property, and a settlement
of the concerns of the Corporation, isi order to deter-
mine the just proportion which the value of the old
would bear to the new stock, and would otherwise be
attended with such inconveniences as greatly to embar-
rass the business, and prejudice the interest of the Insti-
tution. Although the right of subscription, at any time,
on the part of the Commonwealth, is too explicitly
reserved in the Charter, to admit a question of the power
to claim it, so strenuously have the objections to its
exercise been urged, that a temporary arrangement for
the deposit of ,^25,000, at an interest of 5 per cent, was
consented tn, until the more definite instructions of the
Legislature could be had, on the subject. A considera-
ble additional sum has since been accumulated in the
Treasury, for the investment of which, the Treasurer
now waits such instructions.

Previous to the close of the last session of Congress,
an order was obtained in the House of Representatives,

'284 GOVERNOR'S ADDRESS.

directing the Secretary of War to resume and proceed
in the further examination of the Claim of Massachu-
setts for Militia Services during the late War, but the
subsequent pressure of business in the Department, occa-
sioned partly by the Indian War, and the multiplied and
urgent applications under the Pension Act, and partly
by the necessary absence of the Head of the Depart-
ment from the Seat of Government during a considera-
ble portion of the season, has delayed, until recently,
any progress in the matter. It is now in the course of
diligent and satisfactory attention, and will be urged, by
the agent of the State, to as prompt a Determination as
may consist with the opportunity for producing a proper
understanding of the merits of the service, and securing
a just allowance of the charges in the account.

A Bill, which passed both branches of Congress, pro-
viding for the payment of interest to the States, for
monies advanced in measures for the common defence,
during the War, and which would have given to Massa-
chusetts and Maine, on that portion of the Claim which
has already been liquidated and allowed, nearly half a
Million of Dollars, failed to become a Law, through
want of the sanction of the President's approval. In a
Message addressed by him, at the present Session, to
the Senate, where the bill originated, his objections ap-
pear to have been taken to the form of the provisions,
rather than to the principle of the enactment, and will
doubtless be obviated by a new draft, to which they will
not apply. A Bill to this effect has, indeed, already been
introduced into the Senate, and, from the manifest equity
which dictates the measure, reasonable confidence may
be indulged, that it will now be permitted to pass into a
law. It would be but a vain glorious boast, that the
faith of the Nation was redeemed, by the extinction of

GOVERNOR'S ADDRESS. 285

the public debt, while the plainest obligation of duty re-
mains to be performed, and the most common act of
justice is denied, to one of the Members of the Confed-
eracy.

Recent experience has justified the apprehensions ex-
pressed to a former Legislature, of insecurity in the
Plates used for the impression of Bank Paper. Close
counterfeit imitations have been detected in circulation,
and, from their frequency of late, have created alarm for
the credit of the currency. The business of society ab-
solutely demands the utmost confidence in the purity of
the circulating medium, and the possibility of its being
corrupted should be guarded against by every precau-
tion, which authority can impose. The Calendars of
our Prisons will show, that counterfeiting and passing
Counterfeit Bills, have been among the crying sins of
the land. The principal perpetrators of these offences
are generally, the most ingenious and crafty of the Sons
of Mischief, and from their extensive confederacies and
associations, their detection is often dilatory and incom-
plete. In proportion as the evil is difliicult of remedy,
should be the vigilance exercised in means of preven-
tion. A Report by Commissioners having distinguished
claims, from their general intelligence and their oppor-
tunities for practical observation, to public confidence,
and who were appointed under the authority of the
Government, with the ample scope of assigned duty,
" to revise the laws concerning the form of Bank Bills,
and the plates from which they shall hereafter be im-
pressed, and to report such other measures as may more
effectually protect the Citizens of the Commonwealth
against the forging and counterfeiting Bank Bills," re-
mains on the files of the last Legislature, and contains

much valuable information and advice, with suggestions
37

286 GOVERNOR'S ADDRESS.

of alterations and amendments of the laws, applicable,
in a two fold degree, at the present time, to this impor-
tant subject. To this able and elaborate document I
beg leave respectfully to refer your attention, alike for
the facts and the arguments, which should induce to fur-
ther provisions for the public security.

By an Act of the last Legislature, additional to " An
Act to establish the Warren Bridge Corporation," the
Executive was vested with certain powers, to be exer-
cised upon the contingency therein provided for. As
the Proprietors of the Bridge have since continued to
collect the tolls, and no account has been rendered, by
which it could be determined, whether they have been
reimbursed the mcney to which they are entitled, an
occasion for the interposition of the delegated authority
has not as yet been presented. From the limitation of
the operation of the Statute to the close of the present
Session, some action must necessarily be had upon the
subject, by this General Court. Of the disposition
which should ultimately be made of the property, it is
not my intention, at this time, to express an opinion.
Should it be called for, hereafter, it will be formed ac-
cording to the best of my understanding, with all the
aids which legal authority and Legislative discussion
may then afford, and whatever it shall be, it will be de-
clared upon an honest conviction, and with a single
reference to the faithful discharge of official duty. But
it should now be understood, that parties to a suit have
appealed to the Tribunals of Justice, upon grave ques-
tions of Constitutional power, involved in the passing of
the original Act of Incorporation, and it seems to me,
that it would as little comport with a discreet regard to
the possible future requirements of the public interest,
as with a proper concern for private rights, and the re-

GOVERNOR'S ADDRESS. 287

spect which is due to the highest Judicial Tribunal of
the Country to whose jurisdiction they have been submit-
ted, to anticipate any decision, by an absolute and un-
changeable measure of Legislation. I therefore dis-
tinctly recommend, that, until the issue of the litigation
to which I have referred, the Government should retain
the same entire and unqualified control, which it now
has, over the tolls and property of the Bridge, and should
this issue not be had in season for more definite legisla-
tion the present Session, that the Act of the last Legis-
lature should be extended and continued in force, for
another year.

In the unequalled prosperity of the past year, the
abundance of money, the facilities to credit, the excite-
ments to enterprize, and the abundant rewards of labor,
there is danger, that, both the adversity of former times,
and the possible reverses of the future, may have been
unheeded. A wise forecast will provide against the dis-
astrous consequences of sudden changes. In this point
of view, measures which have hitherto been proposed
for the protection of creditors against traudulent assign-
ments by dishonest debtors, and the relief of honest but
unfortunate men from the law's perpetual pressure, as-
sume a new and increasing interest. My sentiments, on
these subjects, have been fully and repeatedly submitted
to the Legislature, but I should illy acquit a sense of du-
ty, on the present occasion, if I neglected to urge the
improvement of this favorable opportunity for a revision
of the laws, that, by mitigating the rigor of their appli-
cation to the person of the insolvent debtor, and secur-
ing an equal participation in the benefit of his effects to
all who have given him trust, the just rights of property
may be better protected for the one, and the dearer en-
joyment of liberty, forfeited by no crime, made inviola-
ble to the other.

288 GOVERNOR'S ADDRESS.

The unavailing efforts hitherto made to produce re-
form in the Constitutional Representation of the People,
might almost justify a distrust of the propriety of recom-
mending a further attempt to this desirable end. Your
practical experience, as constituent members of a legis-
lative body of nearly six hundred Delegates, will now,
present arguments of stronger personal effect, to direct
your attention to the subject, than any which language
can offer. The inconvenience of situation for the trans-
action of business ; the difficulty of hearing or being
heard in debate ; the interruption, confusion, and de-
lays inseparable from the presence of excessive numbers
in a deliberative assembly, are but too obvious to require
relation. In these respects, the evil of a crowded rep-
resentation is seen, and felt, and universally acknowl-
edged. But here are the least of its objections. The
absence of all feeling of individual responsibility for the
measures of legislation, the greater danger of precipi-
tancy, uncertainty, and incongruity, from sudden and
popular influences upon its action, and the grievous
burden of its expense, increasing and to increase with
hardly any limits, do demand, that no opportunity
should be omitted to press the strong necessity for a
change. Efforts to produce it should never cease, until
the work is accomplished. A spirit of personal disin-
terestedness and of public virtue, a clear perception of
the requirements of duty, and concessions of mere pre-
ferences of mode, to the practicable attainment of the
object, are alone necessary to secure success. No true
friend to the best interests of the Commonwealth will
contemplate, with satisfaction, a continuance of the ex-
isting state of things. Indeed, if it be not corrected, it
must become more and more aggravated, until the peo-
ple, impatient of the grievance, and having looked in

GOVERNOR'S ADDRESS. 289

vain to an application of the constitutional provision for
relief, will, in their primary assemblies, declare, for
themselves, the method of redress.

The unexpected delay, which took place the last year,
in the passage of the Apportionment Bill, by which the
ratio of the federal representation is regulated, devolved
upon the present Legislature the duty of providing for
the election, in this Commonwealth, of Representatives
to the next Conji;ress of the United States. With the
third of March next, the term of the twenty-second Con-
gress expires, and it has already been publicly suggested,
and the peculiar aspect of our domestic relations renders
it not altogether improbable, that, upon its dissolution, a
new Congress may be specially convened. Tn even a
remote prospect of such an event, a vigilant regard to
the best interests of the State, would prompt to an im-
mediate determination of the time and manner of choos-
ing her Representatives. The most alarming present
anticipations could admit of no aggravation, beyond the
apprehension of a meeting of Congress, in which Massa-
chusetts might have no voice. Should there not shortly
be more distinct indications of the course of future
measures, it would seem to be demanded, by every con-
sideration of political expediency and precaution, that
the passage of a law should be hastened, providing for
the choice of Representatives, and fixing the earliest
convenient day for holding the elections.

With the present Legislature also rests the responsi-
bility of electing a Senator of the United States, after
the third of March next, when the term of one of the
Senators from this Commonwealth will expire. In this
period of fearful apprehension for the stability of the
Republic, and of deep misgivings for the safety of our
free institutions, the whole people will expect, that the

290 GOVERNOR'S ADDRESS.

influences of talent and eloquence, and learning, and
patriotism, which Massachusetts, in times past, with such
proud distinction to herself, and faithful service to the
Nation, has contributed to the support of the Constitu-
tion, and the maintenance of the integrity of the Union,
shall neither be withdrawn, nor in one jot diminished.

I have now, in the usual manner, and with as much
brevity as consisted with a sense of obligation, pre-
sented to your view the prominent subjects of domestic
concern, which have fallen within the Executive Admin-
istration of the Government the past year, or seemed
proper to be suggested for the further advice and action
of the Legislature, at this time. Happy would it have
been, if the duty of the occasion could have rested here.
But matters of more general and momentous import de-
mand your attention. Dark and angry clouds, suddenly
gathered, already appear high in the political horizon,
portending immediate and inmiinent danger. A fearful
tempest may be approaching. A crisis, as extraordinary
as it is unexpected, in our national affairs, is at hand,
and it behooves every true hearted citizen to look well
to the guards and securities, which wisdom and patriotism
and foresight have provided, for his own and his country's
safety.

The State of South Carolina, by its Chief Magistrate,
has formally transmitted for your attention, the proceed-
ings of a Convention of the Delegates of the people, in
relation to the Tariff laws of the United States. By an
Ordinance, deliberately and solemnly adopted in that
body, these laws are declared to be unconstitutional,
and, after the first day of February next, are abrogated
and made null and of no effect, within the limits of that
State, and all attempts to enforce them, by the General
Government, are to be resisted with force and to blood.

GOVERNOR'S ADDRESS. 291

The powers and process of the Federal Courts, in the
cognizance of matters concerning the revenue, or in the
exercise of civil jurisdiction, in any wise touching its col-
lection, against the citizens of the State, are prohibited,
and the sanction of oaths required, and penalties enacted,
to assure disregard and disobedience to their authority.
In addresses by the Convention to the people of the
State, and the citizens of the United States, which ac-
company the transmission of the Ordinance, the powers
exercised by the General Government, are denounced as
" gross usurpations." Measures deliberately adopted
and pursued for years, vvith the sanction of a large ma-
jority of all the States, and people of the Union, are
represented as " partial, unequal, and corrupt." The
laws of Congress, passed at successive periods, and under
many changes of representation, are declared to be " un-
paralleled for injustice and oppression under the forms
of a free government." The whole protecting system is
pronounced a " violation of the eternal principles of natu-
ral justice, converting the Government into a mere in-
strument of Legislative plunder," and in sustaining it, it
is said, " the majority of Congress, is, in strict propriety
of speech, an irresponsible despotism." It is further
gravely charged, that, in relation to South Carolina, " all
the powers of the earth by their commercial restrictions,
and all the pirates of the ocean, could not have done so
much to destroy her commerce, as has been done by that
very Government to which its guardianship has been
committed by the Federal Constitution ;" — that " a
gigantic system of restrictions has gradually been reared
up, and at length brought to a fatal maturity, of which it
is the avowed object, and must be the inevitable result,
to sweep that commerce from the great highway of Na-
tions, and cover the land with poverty and ruin." And

292 GOVERNOR'S ADDRESS.

the people of all the States are admonished, " that the
die is cast," — that " South Carolina has solemnly re-
solved, that, until these abuses are reformed, no more
taxes shall be paid there ;" — that she will " throw off
this oppression at every hazard ;" and will regard any
attempt to enforce the laws declared by her to be null
and void, " otherwise than through the civil tribunals,
as inconsistent with her longer continuance in the
Union," — and finally, by requiring of Judges and Jurors
an oath, " well and truly to obey, execute, and enforce"
the Ordinance, she closes these tribunals against even
this resort.

Such is a synopsis of the principles, measures, re-
solves, and threatenings, in terms extracted from the
Documents themselves, which one of the States of the
Union has sent forth, expressly for the notice and con-
sideration, and impliedly, for the sanction of every other.
Monstrous as they may appear, they are re})resented in
no other or stronger character, than the elaborate argu-
ments by which they are attempted to be justified, evince
they were intended to be understood. Called to pass
upon this Bill of Presentment against a common Gov-
ernment, it will better comport with the cooler tempera-
ment of a section of Country, ungenerously taunted as
"the Manufacturing States, with an inhospitable climate
and a barren soil," to examine the matter with calmness
and deliberation, unexcited by the ardency of the ap-
peal, and undeterred from the performance of any patri-
otic duty, by threats of its consequences.

And is it then true, that we live under a Government
which can deservedly be thus arraigned ? Are we wit-
tingly and willingly the slaves of a self-inflicted Tyranny ?
Is the policy to which we have so long submitted, and
which has been so generally approved, partial, injurious.

GOVERNOR'S ADDRESS. 293

and corrupt ? Are the tariff laws, repeatedly enacted by
a Constitutional representation of the people, oppressive
to the people, and repugnant to the Constitution ? Where
has the issue been joined? By what Court, Federal or
State, from the first obnoxious statute in 1816, down to
the present time, have these laws been adjudged void ?
What Carolina Jury would now pronounce them void,
but for the Ordinance of Nullification ; and why else
this Ordinance, unless it be, to annul what otherwise
might be held valid ? No axiom in law is more univer-
sally understood, than that an unconstitutional enactment
is a void letter, absolutely, and in itself nugatory and
without force. If the tariflflaws are unconstitutional, it
needed not the process of a convention to absolve the
people from obedience to them ; but, if constitutional,
no convention can destroy this obligation. The ine-
quality and hardships of a system, which the law upholds,
are another and distinct consideration. These may be
good causes for modifying or repealing, but not for dis-
regarding a Statute. But to admit that a State may set
at naught a law, which, however unacceptable, is in fact
Constitutional, is to allow a party to the Federal Com-
pact to violate, at pleasure, its own solemn engagements.
If the States, in their sovereignty, formed the Constitu-
tion, then did South Carolina as one of them, agree,
that the laws of Congress, made in conformity to it,
should be supreme. To disobey them, then, is to break
the faith of that agreement. But if the whole people
were the parties to the compact, the attempt of a State
to annul the obligation, is an interference to prevent the
execution of the laws, for which the violent and the law-
less, under whatever form of combination they may seek
to shelter themselves, are personally responsible.

But it is asked, shall the very power which claims to
38

294 GOVERNOR'S ADDRp:SS.

exercise a questionable authority, decide peremptorily
upon its sufficiency ? Certainly not. Nor shall he who
derides that authority, be permitted to adjudge his own
justification. The framers of the Federal Constitution
foresaw, and wisely provided against this difficulty, and
if the States, by subscribing to its terms, have conceded
any thing, it is the clear, explicit, and exclusive right of
judging of infractions of the instrument, in the making
of laws, to the Judiciary. It betrays an unpardonable
ignorance of the character of our institutions to identify
this department of the Government with the law-making
power. The latter, within the scope of its legitimate
exercise, is not more independent of the States, than is
the Judiciary beyond the dictation of Congress. Both
are the creatures of the Constitution itself, the work and
the will of the people, each co-ordinate, distinct, discon-
nected from the other. It might as well become a State
to abrogate a law, merely from a dissent to its expedien-
cy, as to usurp judicial functions in authoritatively pro-
nouncing against its constitutionality. Whence too, the
jealousy of this Tribunal ? Has it manifested a want of
independence ; any spirit of subserviency to the Legis-
lative or Executive Departments of the Government?
On the other hand, has it not exhibited a noble elevation
above the reach of all sinister influences, maintaining,
through the strife of every party conflict, a fearless in-
difference to popular excitements, resting itself upon the
consciousness of duty, and trusting for support to the
intelligence of the people, the only enduring foundation
of the fabric of free Government !

It is but a narrow view of the true policy of the pro-
tecting system, to regard it, only in connexion with the
arbitrary and ever varying arrangements of men in the
pursuits of business, or in its adventitious influences upon

GOVERNOR'S ADDRESS. 295

the local interests of different portions of the community.
In its origin, it was, strictly, a governmental measure.
The revenue which it has produced, has hitherto been
wanted for a purpose, to which the most uncompromis-
ing anti-tariff State will concede, that it might legiti-
mately be applied. The Debt of the Nation is not, even
yet, discharged, and, but for the duties, which have, ei-
ther incidentally, or from intention in their imposition,
afforded encouragement to Manufactures, would have
now remained, to depress with a millstone's weight the
struggling energies of the Country. Would South Car-
olina, think you, have consented, for its extinguishment,
to have paid, by direct taxes, the Constitutional equiva-
lent for her slave representation ? iVnd with what better
propriety could she demand, that, to her exemption
from this conventional proportion of the public burdens,
the whole revenue of the Government should be raised
by imposts, without discrimination as lo objects, favor-
ing in some degree, the interest of the non slave holding
States? But the protecting policy is to be sustained on
higher grounds than the advancement of any local ob-
jects. Even its tendency to encourage domestic indus-
try and thus promote the prosperity and happiness of
the people, does not furnish the strongest argument in
its defence. It lies at the foundation of true National
Independence. It will enable the Country, in the ex-
tremest time of exterrial pressure, to rest upon her own
resources, to disregard the commercial restrictions of
other Nations, the cupidity of foreign monopoly, the ca-
priciousness of trans-Atlantic legislation. It will clothe
her armies in war, and furnish supplies, occupation, and
necessary support to her people, under every emergency.
Let those who have heard, as has been heard, — aye, and
within these Halls too, a serious argument, eloquently

296 GOVERNOR'S ADDRESS.

urged, against the improvident prosecution of a neces-
sary war, from the inability of the country to supply
blankets to her Soldiers, estimate the genuineness of
that patriotism, which would again render an attempt to
vindicate National honor justly obnoxious to such an ob-
jection. If there be not enough in this latter considera-
tion alone, to justify a tariff for protection, then, forth-
with let it be abandoned. It is true indeed, that the
policy of encouraging domestic manufactures, by pro-
tecting duties, has of late been sustained, by the almost
universal sentiment of the people of this Common-
wealth, and is defended by her entire Representation in
both Houses of Congress. It was not originally a New
England policy. It was forced upon Massachusetts; —
not voluntarily adopted by her. As recently as 1824, it
was opposed by the votes of all her Delegates, save
one. But from the decision of that time, it was regard-
ed as the established policy of the Nation, and has been
acquiesced in and conformed to, in all the arrangements
of business, until it has become so interwoven with the
pursuits of the People, that it cannot be surrendered,
without wide spread and overwhelming ruin to the most
valuable public interests. The course of domestic in-
dustry, thus directed and thus encouraged by the Gov-
ernment, now claims support, from its intrinsic impor-
tance, less to individuals than to the Community, to the
extent of protection — efficient protection^ against disas-
trous competition, with foreign work-shops, operated by
the power of accumulating capital, bearing in other
Countries, upon the labor of an oppressed and starving
population. If beyond this, there has been aught of
patronage or bounty, in the measures of legislation, pre-
judicial to any interest, let experience and discretion
apply the remedy. This is a practical question, which,

GOVERNOR'S ADDRESS. 297

an inquiry into facts, rather than the speculations of
poUtical economists, will best determine. The Citizens
of the " Manufacturing States," rugged as may be their
soil, would, in the sweat of the brow, subdue it to the
hill tops, rather than seek, through a claim to exclusive
privileges, peculiar advantages to themselves, to the de-
nial of an equal right, in their Southern Brethren, to
participate in all the sources of public and private pros-
perity.

But we are told, " the die is cast." Then be the
consequences on the heads of those who have recklessly
risked all, which is dear in Country, upon the desperate
hazard of the throw. The Government is the birthright
of every citizen, established by the wisdom of a common
ancestry, the progenitors of the present generation. It
has carried the Nation onward, to a height of happiness
unexampled in the history of the world. Under the old
Confederacy of States, separate in their absolute Sove-
reignty, it was weak, and feeble, and incapable of self
preservation. Strength and prosperity sprung from " a
more perfect union." They who would now violate this,
are enemies to the peace and liberty of the land. Let
none be deceived. Resistance to the Union is treason
against the people ! There should no longer be reserve
or disguise on this subject. This is not a time for indul-
gence in slothful security. The political watchman, who
sounds not the alarm of danger, is sleeping on his post,
or already has betrayed his trust. They who say that
nullification may be made consistent with the preserva-
tion ot the Union are unsafe guardians of the public weal.
They, who, with arms in their hands, pursue it, as a
peaceable remedy, use but the mockery of words to con-
ceal the true character of actions. Let South Carolina
be conjured to pause, yet longer, before she strikes the

298 GOVERNOR'S ADDRESS.

parricidal blow. Opposition, by force to the laws of the
General Government is Rebellion, from which the only
escape is in Revolution. Let her not lay hold of the very
pillars of the Temple of Freedom, with the insane
purpose of burying the Country with herself under the
ruins of the beautiful and once hallowed Edifice. God
grant that better Counsels may save her.

For us, we have but to prepare for the trials and the
duties which the future may impose. The Chief Magis-
trate of the Nation has appealed to the whole People, to
sustain, by the force of public sentiment, the sovereignty
of the laws. Deprecating the occasion of a resort to
force, he has, nevertheless, patriotically declared that
his duty is to the Country, and that this duty shall be
performed ; — that the charge of administering the Con-
stitution is a trust, delegated for the benefit of all, from
which he cannot depart at the bidding of a few. He has
invoked the spirit of forbearance, consideration, and pa-
triotism, among the citizens of the disaffected State.
He has appealed to them, by the remembrance of a
common origin, a common Country ; by the sympathies
of kindred and friendship; and with assurances of secu-
rity and happiness in continued Union, and the certainty
of ruin and wretchedness in division and civil commotion.
He has admonished them of the character and the conse-
quences of their rash and precipitate measures, and
has entreated them, " as a Father," to retrace their steps,
in the downward course to inevitable destruction. Thus
far, the effort has been unavailing. Admonition has been
met with scorn and defiance, and a summons to arms has
answered the appeal to forbearance. It may even now
be, that the irretrievable blow is given. Be it then ours
to rally to the defence of the Government and Laws.
Let the response to the call of the Chief Magistrate be.

GOVERNOR'S ADDRESS. 299

the pledge of true hearts, and firm minds, and of the
vigorous muscle of the freeman's arm, in support of the
Constitution. If Nullification and Secession be suffered
to obtain in a single State, the Union is no more. Each
State, in its turn, will find cause of offence, and every
occasion of dissatisfaction will be but a fresh signal for
revolt. The Constitution itself will become like the
tempest broken vessel in the Ocean's storm, which for a
while may be upborne upon the billows, but must be
cast at last in useless fragments upon the strand.

It is consoling to turn from the threatening proceed-
ings of one of the States, to the patriotic Resolves of
another. Pennsylvania has transmitted, also, for your
notice, the expression of her determination to stand by
the Constitution and the Union. In Resolutions, which
will be laid before you, she has asserted the supremacy
of that Constitution, and the Laws made in pursuance
of it, over any pretension of reserved authority in a State,
to absolve its citizens from their national allegiince. She
rejects the doctrines of Nullification, as an infraction of
the vital principle of the Confederation ; maintains the
right of the General Government to impose duties upon
imports, and to collect those duties in every part of the
Union ; and proffers the aid of all the means in her pow-
er, in enforcing the laws, and in sustaining the Chief
Magistrate, in all Constitutional measures calculated to
preserve and perpetuate the Union of the States.

Resolutions of the General Assembly of the State of
Tennessee, disaffirming the powers of the General Gov-
ernment to make internal improvements within the
States, without their consent, and approving the views
and sentiments of the President as expressed to Ctm-
gress in his negative upon the IVIaysville Road Bill, and
Resolutions in relation to the disposition of the public

300 GOVERNOR'S ADDRESS.

lands, recommending the appropriation and distribution
of the nett proceeds of the sales, among the States and
Territories, as a fund for Education, are also submitted
to you.

Permit me. Gentlemen, in conclusion of this already
too protracted Address, to add one word of personal refer-
ence. The honor, which has been conferred upon me by
my Fellow Citizens, in numerous successive elections to
this high station, has claims to acknowledgements, which
I have power but feebly to express. It were better that
my earnest though humble efforts, to requite the confi-
dence reposed in me, should now be appealed to, to tes-
tify the sincerity and depth of that gratitude, which a
just sense of the obligation has inspired. The ensuing
year will complete the ninth term of my Executive Of-
fice. During this long period, a generous indulgence has
been uniformly extended to me by the People, and a
faithful, efficient, and friendly support, without which
that indulgence could not have been looked for, accorded
by those, with whom it has been my happiness to have
been officially associated. Sensible to the dictate of
Republican principle, which demands, in elective offices,
the occasional freshness of new powers for the public
service, and by a change of Men presents to all the highest
incentives to deserve the public honors, I now beg leave,
to announce my intention to decline being considered a
Candidate for re-election. If, at the close of the year,
it shall be permitted to me, to see this ancient and be-
loved Commonwealth, the Land of the sepulchres of the
Pilgrims, and of the monuments of the virtues of Sages
and of Patriots, then united, as it now is, in public senti-
ment, rejoicing as it now does, in unsurpassed prosperity ;
to carry with me, into private life, some portion of the
regard of my Fellow Citizens, which has cheered the

GOVERNOR'S ADDRESS. 301

path of official duty ; and thereafter to share in the kind
remembrance of those whose councils have aided in the
public service ; that voluntary retirement from office, to
which I have constantly looked may not have been de-
layed, too long. Let it be remembered by us all, that,
whether in public or private stations, high personal re-
sponsibilities will continue to attach to us. As Citizens
of the only Republic on earth, we have a trust, such as
was never before committed to any people. With us
rests the keeping of the Ark of the Covenant of Civil
Liberty. Here, in these United States are those alone,
who bear it. The hopes of the World are upon us. The
prayers of the oppressed of all Nations are with us. Let
us be true to ourselves ; — true to our duties ; — true to
the destinies which are in our own hands, — firmly re-
solved, in the possession of the blessings which a kind
Providence has vouchsafed to us, that they shall go down
to our Children, sealed, even, if it needs must be, with

the Blood of their Fathers.

LEVI LINCOLN.

State House,
Boston, Jan. ^th, 1833.

"•*

^•jfto;.

302 MESSAGE.

CHAP. I.

To the Honorable Senate, and

House of Representatives.

The Secretary of the Commonwealth is charged with
laying before you various Documents, relating to subjects
upon which I had the honor personally to address you.

LEVI LINCOLN.

Council Chamber, January 8, 1 833.

CHAP. II.

To the Honorable Senate, and

House of Representatives.

Major General Thomas Sheldon, of the Fourth Division
of Militia, having resigned and been honorably discharged,
it is made my duty to inform you that a vacancy exists
in that command.

LEVI LINCOLN.

Council Chamber, January 9, 1 833.

^'^''

MESSAGE. , 303

CHAP. III.

To the Honorable Senate, and

House of Representatives.

I herewith transmit a copy of a Resolution of the
Senate and House of Representatives of the State of
New Hampshire, approving of " the sentiments contained
in the Proclamation of the President of the United States,
dated December 10th, 1832," and of the sentiments and
measures of his administration generally — which Resolve
has been forwarded to me by the Secretary of that State,
in compliance with the direction of the Legislature
thereof.

LEVI LINCOLN.

Council Chamber, January 14, 1833.

CHAP. IV.

To the Honorable Senate, and

House of Representatives.

The Return of the Militia of this Commonwealth for
the year 1832, together with the Return of the Ord-
nance, Ordnance Stores, Muskets and Military equip-
ments in the Quarter Master General's Department, on
the 31st of December last, which have been made to me

304 MESSAGE.

by the Adjutant and Acting Quarter Master General,
are now submitted to the Legislature, for their notice
and information.

LEVI LINCOLN.

Council Chamber, January 14, 1833.

CHAP. V.

To the Honorable Senate, and

House of Representatives.

I have just received, and now herewith lay before you,
several Documents from the Executive Department of
the State of Georgia, communicating the proceedings of
the Legislature of that State, in relation to the powers
of the General Government under the Constitution of the
United States, suggesting Amendments of that Instru-
ment, in numerous particulars, and concluding with a
Resolution, making application to Congress " for the call
of a Convention of the people to amend the Constitution
in the particulars enumerated, and in such others as the
people of the other States may deem needful of amend-
ment;" which Documents are submitted for an expression
of the opinion of the Legislature of this Commonwealth
thereon. I also accompany the transmission of these
papers with Copies of Resolutions of the General Assem-
bly of the State of Illinois, which have been forwarded
by the Governor thereof, urging the occasion of the pas-
sage of a Law, by Congress, " for the more perfect or-
ganization of the Militia of the several States."

LEVI LINCOLN.

Council Chamber, January 16, 1833.

REPAIRS OF STATE HOUSE. 305

CHAP. VI.

ROLL OF ACCOUNTS

For Repairs and Alterations in State House.

Enoch H. Snelling, for glass and glazing, $\^ 40

Billiard & Willet, for lath for new gallery, 5 62

W. & G. W. Adams, for railing and bannis-
ters, do., 8 13
John H. Wheeler, for labor in making new
gallery on north side of Representatives'
Chamber,
Holland & Huntress, for lime and hair, do.,
Alexis Pool, for boards and timber, do.,
Andrew Drake, for lime and sand, do.,
Henry Blaney, for lathing, plaistering, &c. do.,
Samuel Bradlee &. Son, for nails, hinges, &c.

do.,
Gore & Baker, for painting, &c. do..
South Boston Iron Company, for 4 cast iron

columns,
Daniel Magner, for coloring walls, &c.,
John G. Stowell, for making clock for Senate
Chamber, and repairing clock in Represen-
tatives' Chamber, 99 50

^1,271 58

568

216 41

108

100

306 MESSAGE.

Resolve to pay sundry Accounts for Repairs in the House
of Representatives.

January 16, 1833.

Resolved, That there be allowed and paid out of the
public treasury, to the several persons mentioned in the
annexed Roll, the sums set to their names respectively,
amounting in the whole to twelve hundred and seventy-
one dollars and fifty-eight cents, the same being in full
discharge of the accounts and demands to which they
refer. And His Excellency the Governor is hereby
requested to draw his warrant accordingly.

CHAP. VII.

To the Honorable Senate, and

House of Representatives.

His Excellency the Governor of Illinois having for-
warded to me Copies of a Communication made by him
to the General Assembly of that State, together with a
Preamble and Resolutions adopted by that Body, in
which Documents the Proclamation of the President of
the United States, in reference to the Ordinance and
Proceedings of South Carolina upon the subject of the
Tariff, is commended, and a determination expressed, in
ardent and patriotic terms, to sustain the Constitution and
the Union against the principles and measures of Nulli-

REUBEN GUILD. 307

ficatioD, I have great satisfaction in herewith submitting
the same to your consideration.

LEVI LINCOLN.

Council Chamber, January 17, 1833.

CHAP. VIII.

Resolve on Petition of Reuben Guild.

January 17, 1833.

On the petition of Reuben Guilds Administrator, for permis-
sion to perpetuate evidence of notice of the sale of cer-
tain Real Estate ;

Resolved, For reasons set forth in said Petition, that
Reuben Guild, of Dedham, in the County of Norfolk,
Administrator de bonis non of the estate of John B. Hos-
kins, late of Boston, in the County of Suflfolk, deceased,
be, and he hereby is authorized, at any time before the
first Monday of March next, to make and file, in the
Probate Office of said County of Suffolk, his affidavit,
setting forth the time, place and manner in which he
gave notice of the sale of certain Real Estate of said
deceased, situated in said Boston, which the said Guild
vv^as authorized to sell by virtue of a license granted to
him by the Supreme Judicial Court, and such reasonable
notice being given to all persons interested in said Real
Estate, as the Judge of Probate for said County of Suf-
folk shall order, to show cause why such affidavit should
not be filed as aforesaid, and no good cause being shown
by such persons, such affidavit, bemg filed as aforesaid,
shall be evidence of the time, place and manner in which

308 . MESSAGE.

such notice of sale was given, and be of the same legal
effect, as if such affidavit had been made and filed
in said Probate Office, within the time prescribed by the
Statute in that behalf provided.

CHAP. IX.

To the Honorable Senate^ and

House of Representatives.

I comply with a request of His Excellency the Gov-
ernor of South Carolina, in laying before the Legisla-
ture the accompanying Resolutions of the Legislature of
that State, declaring the expediency, "that a Conven-
tion of the States be called as early as practicable, to
consider and determine such questions of disputed pow-
er as have arisen between the States of this Confederacy
and the General Government,"

LEVI LINCOLN.

Council Chamber, January 19, 1833.

CHAP. X.

Resolve on the Petition of John S. Tyler, Guardian.
January 21, 1833.

On the petition of John S. Tyler, of Boston in the
county of Suffolk, guardian of George P. Tyler, Charles
T. Tyler, and Thomas P. Tyler, minors under the age

PETITION OF JOHN S. TYLER. 309

of twenty-one years, and children of Royall Tyler, late
of Brattleboiough, in the county of Windham and state
of Vermont, deceased :

Resolved, That the said John S. Tyler, in his capacity
of guardian as aforesaid, be, and he hereby is authorized
and empowered to make, execute and deliver to the
city of Boston, a proper deed or conveyance, whereby
to pass and convey to the said city the right, title, inter-
est and estate which rhe said minors have in and to
the parcel or tract of land, described in a resolve of the.
legislature of this Commonwealth, passed on the thir-
teenth day of March, in the year of our Lord one thou-
sand eiiiht hundred and thirty-two, being the share or
proportion falling, or coming to, the said minors, by
reason of the decease of their minor brother, Abie! W.
Tyler, since the passing of the said resolve.

Provided ahvays, That before the said John S. Tyler,
as such guardian, shall execute any deed pursuant to
the authority hereby given, he shall make and execute,
in due form of law, a bond, with sufficient sureties or
surety, (to the acceptance of the judge of probate of
the county of Suffolk,) to the said judge, in such penal-
ty as the said judge may require, with condition that the
said John S. Tyler shall well and truly account for the
purchase money which he may receive as the consider-
ation for the conveyance of the said share of said minors ;
and which condition shall be in the like form which is
required by law, and to the same effect as when guar-
dians are empowered by the judicial courts to make
sale of the real estate of minors.

310 JAMES H. FOSTER.

CHAP. XI.

Resolve for paying James H. Foster and George A. Brew-
er, for furnishing cushions and carpeting for the Rep-
resentatives'' Chamber.

January 22, 1833.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth to George A. Brewer,
the sum of five hundred and thirty-two dollars and
eighty-eight cents, and to James H. Foster, the sum of
two hundred and forty-five dollars, and eighty-seven
cents, in full of their accounts, and his Excellency the
Governor is hereby authorized and requested to draw
his warrant accordingly.

CHAP. XII.

Resolves in Relation to a Bill now pending in the Con-
gress of the United States.

January 23, 1833.

The Joint Committee, appointed to consider so much
of the Governor's Address as relates to the proceed-
ings of the late Convention of the people of South
Carolina, and the purposes and policy thereof; and
also the Resolutions of the State of Pennsylvania
thereon ; and to whom have been referred the Reso-
lutions of the State of New-Hampshire upon the sub-

TARIFF BILL. 311

ject of the Proclamation of the President of the Unit-
ed States in reference to the same, have entered on
the consideration of the matters intrusted to them, and
respectfully submit the following Report in part.

On examining the proceedings of the late Conven-
tion of the People of South Carolina, the Committee
find, that they announce, on the part of that State, pre-
tensions of a novel and dangerous character, which, if
persisted in, and carried out in practice, can only ter-
minate in the destruction of the Government. South
Carolina claims for herself, as one of the States com-
posing this union, the right of annulling at discretion
any act of the Government of the United States, which
she may regard as unconstitutional ; and has undertaken
to exercise this right in reference to the laws imposing
duties on the importation of foreign goods. In a public
act, denominated an Ordinance, the Convention declare,
that those laws are null and void, and make it the duty
of the legislature to adopt such measures, as maybe
necessary to prevent their enforcement within the limits
of the State. The addresses and reports accompanying
the Ordinance set forth the reasons, by which the Con-
vention endeavor to justify their proceedings, and ap-
peal to the people of the several States for their sanction
and approval.

Such pretensions, made in so respectable a quarter,
with every appearance of earnestness, and officially com-
municated to the government of this Commonwealth,
will naturally require from the General Court the ex-
pression of some opinion upon their correctness and con-
sistency with the constitution and laws of the country.
The committee accordingly propose, after the farther and
more mature examination of the subject, which seems to

312 TARIFF BILL.

be due to its extraordinary importance, to submit a Re-
port upon those points. In the mean time, they find,
among the practical consequences of these proceedings,
some which affect very deeply the interest and honor of
this Commonwealth, and which, from the peculiar urgen-
cy of the case, appear to call for some distinct and im-
mediate action.

The objection made by the state of South Carolina, to
the laws which she has undertaken to annul, is, that they
were passed for the purpose of protecting domestic indus-
try. She distinctly declares, that she will not permit
any laws made for this purpose to be executed within
her limits, and that, if an attempt be made to carry them
into execution by force, she will withdraw from the
Union. The Executive branch of the Government of
the United States has met these pretensions with a firm-
ness that becomes the official representative of a great
and enlightened people, and has declared in a public
proclamation, that the laws must and will be enforced.
The legislative branch of the government will doubtless
exhibit, in its final action, the same firm and dignified
attitude which has been assumed by the President ; but
the Committee have learned with regret, that a bill has
been reported by one of the most important Committees
of the House of Representatives, and is now under dis-
cussion in that body, the object of which seems to be to
remove the danger of a collision between the govern-
ment of the United States and South Carolina, by grant-
ing to the latter all that she demands. This bill is in-
correctly described in its title, as a bill for the reduction
of the duties on imported goods. While the duties on
imported goods of some descriptions are reduced by it,
those on others are raised, and should the bill become a
law, its general result would probably be to increase

TARIFF BILL. 313

rather than diminish the receipts into the treasury. The
real object of the bill is obviously so to modify the laws
laying duties on imported goods, that they shall, in no
degree, or as little as may be, aiford protection to the
domestic industry of the country. The passage of such
a law, considered merely as a change in the economical
policy of the government, would be exceedingly injurious
to the best interests of the people, and in particular of
the citizens of this Commonwealth ; and taking into view
the circumstances under which it is proposed would, in
the opinion of the Committee, seriously compromise the
dignity and honor of the country.

1 . Considered merely as a change in the economical
policy of the government, the passage of this bill would
be ruinous to the best interests of the people, and parti-
cularly of this Commonw^ealth. It reduces to such an
extent the duties on imported cotton and woollen goods,
that the domestic manufacture of these articles could not
be sustained. These manufactures, which have grown
up under the assurance of protection from the govern-
ment, now employ many millions of capital, and
several hundred thousand persons. In this Common-
wealth, the amount of capital invested in these two
branches of manufacture only — though it cannot be cal-
culated with much exactness, is probably not less than
from thirty to forty million dollars. A great part of this
capital, and with it the fortune of the citizens to whom
it belongs or gives employment, would be destroyed for-
ever by the passage of this bill. The effect of the pas-
sage of the bill on the growth of wool, and on the manu-
facture of iron and sugar would be not less injurious.
It would, in short, prostrate at a blow all the principal
branches of domestic manufacturing industry.

314 TARIFF BILL.

The fatal effect of such a measure upon the public
welfare, hardly needs to be specified. The importance
of domestic manufactures, as a home market for the
products of agriculture, as a security for the National
Independence, as a means of increasing the wealth and
population, extending the comforts, and elevating the
civilization of the community, is universally admitted.
The most enlightened nations have always been ready to
make great sacrifices for the sake of naturalizing, with-
in their own limits, these valuable establishments.
Our own Government has, for fifty years, uniformly, per-
sevcringly, and successfully, pursued the same policy.
The small tax which it has imposed upon us, in the in-
creased price of some articles, has been repaid in a
thousand different shapes, in the augmented prosperity
of the country. After we have thus, for half a century,
fostered our domestic manufactures with increasing care,
until we have finally brought them to their present
flourishing condition, is it politic, patriotic, consistent, to
turn upon them suddenly and by a single wanton act of
power, crush them all at a blow ? Would not an act of this
kind appear to be dictated rather by wild caprice than
by the sober and prudent calculation which ought to
prevail in the councils of a great people.

It is obvious that such a proceeding could only be
justified by some very strong and urgent motive. In
the present instance none whatever can be found. The
pretext alleged by South Carolina for desiring the repeal
of the protecting duties is, that they are unequal in their
operation — that they press more heavily upon her indus-
try than upon that ot.the North, and have reduced her
to a state of com[)arative decay. But these allegations,
which are sustained only by fine-spun metaphysical dis-
quisitions on political economy, are wholly at variance

TARIFF BILL. 315

with notorious facts. It is known to every impartial in-
quirer, that the establishment of home manufactures, by
opening a new market for their staple products, exercises
a most beneficial influence on the prosperity of the
planting States, and that, if some of these have in fact
declined at all, it has been, not in consequence of the
Tariff", but of the opening of richer soils in the new
South Western States. The pretence alleged by the
framers of the bill is the necessity of reducing the
revenue, in consequence of the diminution of the pub-
lic expenses resulting from the payment of the national
debt. This is still more futile than the other. If it be the
object of the bill to reduce the revenue, why does it re-
store the duties on tea and coffee ? Are the frainers of the
bill ignorant of the known and familiar fact, that a dimi-
nution of the duties on imported goods, by increasing the
importation generally, increases the aggregate receipts.
The eflfect of the bill, should it become a law, would
probably be, as your Committee have already remarked,
not to diminish but to increase the receipts into the
Treasury. The framers of it cannot be ignorant of this,
and the real object in proposing it, must therefore of ne-
cessity be different from the professed and ostensible one.
If it were for any sufficient reason really expedient to
change in this way the long established economical poli-
cy of the country, the plainest considerations of human-
ity and justice would dictate, that the change should be
made very gradually, so that the citizens, whose property
is invested in manufactures, might be able to disengage
it with the least possible loss. No greater political evil
can well be imagined, than violent and sudden changes
of the laws on any subject, and, where such changes
are of a nature to aff"ect immediately the welfare of in-
dividuals, they can only be excused by the severest ne-

316 TARIFF BILL.

cessity. The force of this consideration has been here-
tofore acknowledged even by the opponents of the pro-
tecting poHcy, and was kept in view in all previous pro-
jects for the reduction of duties. It is now, for the first
time, seriously proposed to effect at once a reduction
large enough to destroy the most flourishing establish-
ments, and to carry desolation through the whole manu-
facturing interests of the country.

Such is the character of the bill, considered merely
as a change in the economical policy of the Govern-
ment. The objections to it, which your committee have
stated in the most concise form, but which are too famil-
iar to the public mind, not to occur at once with all the
necessary development to every one, are plain, obvious,
palpable. They cannot, it would seem, be overlooked
or disregarded by any sincere and enlightened friend of
the country. Strong as they are, they are, however, if
possible, inferior in importance to those which are sug-
gested by a view of the circumstances under which the
bill is proposed.

2. Considering the circumstances under which it is
offered, the bill amounts to a proposal to surrender the
rights and interests of the whole people to the menaces
of a single State, and the passage of it into a law would
seriously compromise the honor and dignity of the gov-
ernment.

A few months only have elapsed, since the present
Congress, with great consideration, and after many
months of long and anxious debate, passed an impost
law, which was to take effect from and after the first day
of next March, and which has of course not yet gone
into operation. No law has ever been passed in this
country, upon which the people at large or their Repre-
sentatives in Congress have bestowed more time, labor,

TARIFF BILL. 317

and attention, than upon this. Two great Conventions
were successively held, masses of materials in the form
of reports and statistical documents were collected, and
months of debate were employed in bringing it to per-
fection. It was a law of reduction — constructed on the
professed principle of compromise, with a view of satis-
fying, by every reasonable concession, the discontents of
the South. It was adopted by an unusually large and
gratifying majority, composed of moderate men of all
parties. The repeal of a law made with so much labor
and caution, before it has even gone into operation, is a
measure, which could obviously be justified only by some
very important political event occurring in the interval.
It is a measure which in the nature of things would
never be proposed, excepting as a consequence of some
such change. What event then has occurred, since
the adoption of the impost law of the last session of
Congress, of a nature to lead to such a proposal ?

The only event which has taken place since the last
session of Congress, that has any bearing at all on the
subject, is the declaration of the South Carolina Con-
vention, that that State will secede from the Union un-
less the protecting policy be forthwith abandoned. The
Bill reported by the Committee of Ways and Means of
the House of Representatives proposes the immediate
abandonment of the protecting policy. Does it require
any argument to make it appear, that the report of this
bill is one of the results of the South Carolina Conven-
tion ? Does it require any argument to shew, that the
passage of such a bill, reported under such circumstan-
ces, into a law, would be as inconsistent with the honor
as it would be with the interest of the Country ?

Your Committee think not, and conceiving it to be of

great importance that the opinion of this General Court
41

318 TARIFF BILL.

should be distinctly and promptly expressed upon the
subject, they respectfully submit the following Resolves.

All which is respectfully submitted,

By order of the Committee.

A. H. EVERETT, Chairman.

Whereas, the Committee of Ways and Means of the
House of Representatives of the United States have re-
ported a Bill for the further reduction of the duties on
imported goods, the passage of which into a law would
materially affect the interests of the people of this Com-
monwealth, and

Whereas, it is important that the opinion of the Gene-
ral Court should be expressed upon the subject, in order
that the Senators and Representatives of this Common-
wealth may be better enabled to understand and give
effect to the wishes of their constituents ; therefore,

1. Resolved, by the Senate and House of Representa-
tives of the Commonwealth of Massachusetts, in General
Court assembled, That the passage into a law of the bill
for the further reduction of the duties on imported
goods, now pending in the House of Representatives of
the United States, would prostrate the principal branches
of our domestic manufactures, destroy our agricultural
enterprize, paralyze our commerce and fisheries, and
condemn to bankruptcy and ruin thousands of our most
industrious and enterprizing citizens, and materially
affect, in the most injurious manner, the prosperity of
the whole country.

2. Resolved, That it is the usage and the duty of
enlightened and prudent Governments, to proceed with

TARIFF BILL. 319

great deliberation in their legislation on all important
subjects, and that no greater political evil can well be
imagined, than frequent and rapid changes of the laws,
especially such as affect the property and industry of
the citizens : — that for Congress, after having recently
revised the Revenue laws with great consideration, and
made a new arrangement of them by an unexpectedly
large and satisfactory majority, to take up the subject
again before the new law has even gone into operation,
and at a short session when the Httle time at their dis-
posal is plainly insufficient for a careful examination of
it, would be a proceeding manifestly at variance with
the plainest rules of discretion, and only to be justified
by the intervention of some very great change in the
political situation of the country.

3. Resolved, That since the passage of the law of
the last session of Congress, which has not yet gone into
operation, no change has occurred in the political situ-
ation of the country of a nature to affect the action of
the Government upon the subject, except the assem-
bling and acts of the South Carolina Convention, by
which that State threatens to secede from the Union,
unless the protecting policy be immediately abandoned ;
and that these proceedings, far from affording a suffi-
cient motive for new legislation on the subject at the
present moment, would form of themselves a strong
objection to it ; that no moment could well be imagined
less favorable for a cool and dispassionate examination
of any general subject, than one in which it should be
accidentally embarrassed by a particular incident of a
novel, dangerous, and irritating character, and that a
prudent, firm, and patriotic Government would on no
account expose the great interests of the people to the
risk which they would run, by being debated and decided
upon in the midst of civil commotions.

320 TARIFF BILL.

4. Resolved, That the bill now reported by the Com-
mittee of Ways and Means, is not merely an injudicious
and impolitic attempt to legislate, under circumstances
unfavorable to a calm and cool consideration of the
subject, but wears upon the face of it the aspect of sub-
mission, and that it grants substantially what South
Carolina demands ; that, taking into view, in connexion
with its tenor and objects, the manner in which it has
been brought forward, and pressed upon the considera-
tion of Congress, it amounts to nothing less than a pro-
posal to sacrifice, and that in a precipitate manner,
inconsistent with our ideas of national honor and dig-
nity, the rights and property of twenty-three of the
States to the menaces of one.

5. Resolved, That while we cannot for a moment
anticipate the possibility of the passage into a law of a
bill of this description, in a Congress which, within a
few months, has, by a large majority, pledged itself to
the policy which it is now proposed to abolish, we yet
deem it our duty formally to protest against the adop-
tion of the measure proposed, as subversive of the best
interests of the country, derogatory to the national honor,
and involving a gross and palpable abuse of power in
the Government.

6. Resolved, That, whilst the people of this Com-
monwealth, in the spirit of patriotism and of fraternal
conciliation, are ready, at all times, to submit to such
reasonable changes of national policy, as the deliberate
judgment of the whole Country shall require for the
common good, they are not bound silently to acquiesce
in destructive revolutions in principles and policy, ef-
fected by threats of violence, through the forms, but in
contempt of the spirit and power of the Constitution.

7. Resolved, That our Senators in Congress be in-

NANCY HALEY. 321

structed, and our Representatives requested, to use all
the means in their power to prevent the bill, reported
by the Committee of Ways and Means, from passing into
a law.

8. Resolved, That His Excellency the Governor be
requested to transmit a copy of these Resolves, with
the Report preceding them, to each of the Senators and
Representatives of the Commonwealth in Congress, and
to the Governors of all the States.

CHAP. XHI.

Resolve on the Petition of Nancy Haley.

January 24, 1833.

Resolved, For the reasons set forth in the petition,
that Nathaniel Hammond, guardian of John W. Haley,
a minor, be, and he hereby is authorized and empowered,
either by himself, or together with other persons or cor-
porations interested therein, to make, execute, acknowl-
edge and deliver any deed or deeds of mortgage, for, and
in the name and behalf of said John W. Haley, necessary
and proper to grant and convey certain land and its
appurtenances, in said Boston, in which said John W.
Haley is, or may be interested, under, and by virtue of
the last will and testament of Lucy H. Bullman, late of
said Boston, widow, deceased. Provided, that the prin-
cipal sum of money for which it shall be lawful for the
parties interested to mortgage said land and its appurte-
nances, shall not exceed in amount five thousand dollars :

322 DANIEL FELLOWS, JR.

and provided also, that bonds satisfactory to the judge of
probate for the county of Suffolk, shall be given, for the
faithful appropriation of the money for the purposes
named in the petition, and of the rents, profits, and income
of said land and its appurtenances, to keep down the in-
terest as it may accrue on said principal sum, (be the
same more or less,) and to such gradual reduction and
payment of said principal sum, as shall be agreed upon
and determined by and between the parties who are,
and who may become interested in, and entitled to said
land and its appurtenances ; and such deed or deeds, so
made and delivered, shall effectually, and to all intents
and purposes, pass said minor's right, title, interest, and
estate in and to said land and its appurtenances, to the
mortgagee or mortgagees mentioned therein, and to the
heirs and assigns thereof, subject to the right of redeem-
ing the same according to law.

CHAP. XIV.

Resolve on the Petition of Daniel Fellows, Jr., Guardian
of the Chappequiddic Indians.

January 25, 1833.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth to Daniel Fellows, Jr.,
the sum of two dollars per week, for the support of Polly
Madison, an Indian of the Chappequiddic tribe, for the
term of one year from and after the fifteenth day of Jan-
uary, 1833, if she shall live so long ; and that His Ex-
cellency the Governor be authorized and requested to
draw his warrant accordingly.

DAVID STONE. 323

CHAP. XV.

Resolve for ascertaining and establishing the Boundary
Line between Swanzey and Warren.

January 25, 1833.

Resolved, That His Excellency the Governor, by and
with the advice of the Council, be, and he is hereby
authorized to appoint commissioners, (if in his opinion
such appointment be necessary,) whose duty it shall be
to ascertain the true boundary line between the towns of
Swanzey, in Massachusetts, and Warren, in Rhode
Island, and to erect suitable monuments at every angle.

CHAP. XVI.

Resolve upon the Petition of David Stone, Guardian.

January 25, 1833.

Upon the Petition of David Stone, of Watertown, in
the County of Middlesex, Guardian of James F. Stone,
William A. Stone, Harriet E. Stone, Ellen L. Stone,
and Elmira Stone, minors, and children of Cornelius
Stone, late of said Watertown, deceased, for the reasons
therein set forth ;

Resolved, That the said David Stone, as guardian as
aforesaid, be, and he hereby is fully authorized and em-

324 DAVID STONE.

powered to sell and dispose of, by public sale or private
contract, and for and in the name of said minors respec-
tively, to execute, acknowledge, and deliver, any, and
all deed or deeds, proper and sufficient to grant and con-
vey to the purchaser or purchasers thereof, all the right,
title, interest and estate which the said James F. Stone,
William A. Stone, Harriet E. Stone, Ellen L. Stone,
and Elmira Stone, have, of, in and to a certain lot of land
situate in said Watertown, containing seven acres, two
quarters and eleven rods, and bounded and described as
follows, to wit : beginning at a stake at the south-wes-
terly corner of Mount Auburn lot, so called, thence run-
ning southerly, northerly, and southerly, bounding on land
of said minors, to land set off" to the widow Abigail Stone,
as dower ; thence northerly, bounding on said land set
off as dower ; thence northerly, bounding on land of said
minors, to a corner of land of Josiah Coolidge ; thence
south-westerly, to a corner of Mount Auburn lot ; thence
southerly and westerly, and bounding on said Mount
Auburn lot, to the first mentioned boundary, or however
otherwise bounded, in the original petition of the said
David Stone, to which, reference is hereby made for fur-
ther certainty.

Provided however, That said minors estate in the
above described land shall not be sold by private con-
tract, unless a sale can thereby be effected at a price
which shall at least be equal to one hundred dollars for
pach acre thereoi .

And provided also, That before the power hereby
granted shall be exercised, the said guardian shall give
a bond, with sufficient sureties or surety, to the judge of
probate for said county of Middlesex, in an adequate
penalty, with condition that he shall and will faithfully
put out and keep at interest all the net proceeds of such

TAXES. 325

sale, and will duly account for, and pay over to said
James F., William A., Harriet E., Ellen L., and Elmira,
respectively, when, and as they shall attain full age, his
or her share of the proceeds, with the accumulation, (if
any,) caused by the addition of an excess of income be-
yond the expenditure required for the suitable education
and maintenance of said minors, during their respective
minorities ; and shall also take, subscribe, and file in the
probate office in said county of Middlesex, the oaths
which executors and administrators are required by law
to take, before making a sale of the real estate of their
testators or intestates, under a license from the supreme
court, or a court of probate, except as to the mode of sale.

CHAP. XVH.

Resolve granting Taxes for the several Counties.
January 25, 1833.

Whereas, the treasurers of the following counties have
laid their accounts before the legislature, which accounts
have been examined and allowed, and the clerks of the
county commissioners, for the said counties, have exhibit-
ed estimates, made by said commissioners, of the neces-
sary charges which may arise within their respective
counties for the year ensuing, and of the sums necessary
to discharge the debts of said counties.

Resolved, That the sums annexed to the several coun-
ties in the following schedule be, and the same are here-
by granted as a tax, for each county respectively, to be
42

326 SELECTMEN OF BELCHERTOWN.

apportioned, assessed, paid, collected, and applied for the
purposes aforesaid, according to law, viz.

The county of Norfolk, thirteen thousand

dollars, 13,000

The county of Hampshire, six thousand dollars, 6,000
The county of Plymouth, seven thousand dol-
lars, 7,000
The county of Worcester, sixteen thousand dol-
lars, 16,000
The county of Franklin, eight thousand dollars, 8,000
The county of Berkshire, eight thousand dol-
lars, 8,000
The county of Barnstable, four thousand eight

hundred dollars, 4,800

The county of Dukes County, seven hundred

and fifty dollars, ^^^

The county of Hampden, six thousand dollars, 6,000
The county of Essex, fifteen thousand dollars, 15,000
The county of Middlesex, fifteen thousand dol-
lars, l^'OOO
The county of Bristol, sixteen thousand dol-
lars, 16,000

CHAP. XVHI.

Resolve on the Petition of the Selectmen of Belchertown.

January 26, 1833.

Resolved, On the petition of the selectmen of the town
of Belchertown, for reasons set forth therein, that His

PETITION OF PHILIP LEACH. 327

Excellency the Governor be, and he is hereby authorized
to cause Solomon R. Dwight, a lunatic, now in the Mc
Lean Asylum in Charlestown, to be removed from thence
at the expense of the petitioners to the Lunatic Hospital
at Worcester, and there to be received upon the same
terms and conditions as if he were taken from any gaol
or house of correction.

CHAP- XIX.

Resolve on the petition of Philip Leach, Guardian.
January 28, 1833.

On the petition of Philip Leach, of Easton, in the
county of Bristol, guardian to Ahnira Leach, minor
daughter of Cephas Leach, late of said Easton, deceas-
ed, and Horatio Leach, minor son of Jason Leach, late
of said Easton, deceased, praying for authority to sell
certain real estate of said minors, devised to them by
the last will and testament of Shepherd Leach, late of
said Easton, deceased, for the payment of the debts of
the said Shepherd Leach, to preserve the personal es-
tate of said deceased to be used agreeably to the provi-
sions of said will ;

Resolved, For reasons set forth in said petition, that
said Philip Leach, guardian as aforesaid to said Almira
Leach, and Horatio Leach, and his successor or suc-
cessors as guardian of said minors, be, and they hereby
are severally authorized and empowered to sell and
convey, by deed, tlie remainders of the two undivided
sixteenth parts of any of the real estate of which the

328 MESSAGE.

said Shepherd Leach died seized, devised to said mi-
nors in said last will and testament, of which Phebe
Leach, widow of the said Shepherd Leach shall sell her
life estate, devised to her in said will, and a majority of
those to whom the residue of the remainder is devised
in said will shall sell their interest.

Provided however, That no sale or conveyance shall be
made by virtue of this resolve, before such guardian or
guardians shall give bond to the judge of probate for
said county of Bristol, with sureties or surety to the
satisfaction of said judge, in an adequate penalty, with
condition that he or they, in making sale or conveyance
by virtue hereof, will have due regard to the interest of the
said minors, and will sell no more of the real estate of
said minors than is necessary for the preservation of
said personal property, and that the proceeds of such
sales shall be appropriated to the purpose aforesaid.

CHAP. XX.

MESSAGE.

To the Honorable Senate,

and House of Representatives :

Resolutions of both Houses of the General Assembly
of the State of North Carolina, disapproving the acts
of Congress, imposing duties upon imports for protec-
tion, but which unequivocally express a devoted attach-
ment to the Constitution of the United States, and to
the Federal Union, and declare " the doctrines of Nul-

MESSAGE. 329

lification, as avowed by the state of South Carolina,
and lately promulgated in an ordinance, revolutionary
in its character, subversive of the Constitution of the
United States, and leading to a dissolution of the
Union ;" — a preamble and joint resolutions of the Gene-
ral Assembly of the State of Indiana, in which the doc-
trines of Nullification, as asserted by the State of South
Carolina are repudiated, her Ordinance, and the ad-
dresses of her Convention to the people of the State
and of the United States, pronounced disorganizing,
and in their tendency subversive of the Constitution,
and destructive of the liberties of the people ; — and a
Report of a Committee of the Senate, and Resolutions
thereon, of the General Assembly of the State of Dela-
ware, in the former of which the origin and character
of the Federal Compact are elaborately discussed, and
in the latter, the measures of South Carolina, and her
assumptions of reserved political rights are repelled,
and pointedly condemned ; — and all which Documents
proclaim and maintain the supremacy and sove-
reignty of the General Government, according to the
Constitution, over the right of a State to annul its Fede-
ral obligations, and withdraw itself from the Union ; have
been officially transmitted to me by the Chief Magis-
trates of the States respectively, for the purpose which I
hasten to execute, in now submitting the same to the
consideration of the legislature of this Commonwealth.

LEVI LINCOLN.

Council Chamber^

January 31, 1833.

330 WARDEN OF STATE PRISON.

CHAP. XXI.

Resolve making further appropriation for the completion
of the building for the residence of the Warden of the
State Prison.

February 4, 1833.

Resolved, That His Excellency the Governor, with
the advice of the Council, be, and he is hereby author-
ized and requested to dravv^ his warrant on the Treasur-
er of this Commonwealth in favor of the Warden of the
State Prison, for the sum of three hundred and seventy-
six dollars, and twenty-eight cents, to defray the ex-
pense incurred in erecting a building for the residence
of the Warden, which was not provided for in the ap-
propriation heretofore made for that purpose.

CHAP. XXII.

To the Honorable House of Representatives :

In compliance with a request in an order of the House
of the 9ih inst., I herewith transmit authenticated copies
of the Returns which have been made to the Executive,
by the Corporation of the Proprietors of the Warren
Bridge, which embrace all the accounts which have

BORROW MONEY. 331

been rendered in compliance with the requisition in the
seventh section of the act of incorporation.

LEVI LINCOLN.

Council Chamber,

February 11, 1833.

CHAP. XXIII.

Resolve authorizing the Treasurer to borrow money.
February 11, 1833.

Resolved, That the Treasurer of this Commonwealth
be, and he is hereby authorizedand directed, to borrow
of any of the banks in this Commonwealth, or any cor-
poration therein, or of any individual or individuals,
such sum or sums of money, as may from time to time
be necessary for the payment of the ordinary demands
on the treasury, at any time before the meeting of the
next General Court, and that he pay any sum ho may
borrow, as soon as money sufficient for the purpose, and
not otherwise appropriated, shall be received in the Trea-
sury.

Provided however, That the whole amount borrowed
by authority hereof, and remaining unpaid, shall not at
any time exceed the sum of one hundred and fifty thou-
sand dollars.

332 MESSAGE.

CHAP. XXIV.

To the Honorable Se7iate, and

House of Representatives ;

The sympathies of the community, excited in an un-
usual degree by a recent melancholy occurrence in this
city, have led, through diligent and painful inquiry, to the
most astounding disclosures of an extensively prevalent,
although hitherto almost unheeded cause of personal and
domestic distress, of legal transgression, and of wide
spread and overwhelming moral evil. It has been satis-
factorily ascertained, that a high handed system of deal-
ing and gambling in Lotteries and Lottery Tickets is
now carried on, in this Commonwealth, in despite of the
prohibitions of law, in defiance of the vigilance of the
prosecuting officers, and in utter disregard of the inflic-
tions of the tribunals of justice. A highly respectable
Committee of an Association of Citizens in the Metropo-
lis, have, with the most commendable spirit, directed
their attention to endeavors to arrest the frauds and mis-
chiefs of this demoralizing traffic ; and, in furtherance of
their object, have addressed to me, in my official capacity,
an earnest and impressive memorial on the subject.
They represent, that Tickets of Lotteries granted in other
States are openly sold in this ; that Tickets are manvfac-
tured in fictitious Lotteries ; and halves and quarters of
Tickets^, representing the same number, are multiplied in-
definitely, both in real and pretended Lotteries, and these
indiscriminately and successfully, to an immense amount,
imposed upon ignorant and deluded purchasers.

MESSAGE. 333

The influence of such schemes of deception to allure
the laborious poor from the path of honest industry, and
to cheat them of their hard earned wages, to entice the
young and the unreflecting from their fidelity, and betray
them into a violation of their trust, and the commission
of heinous crimes, cannot be doubted, while the desola-
ting and fatal effects upon the social relations of life, are
scarcely less to be deplored. The memorial proposes
that measures should be taken, through the Legislature,
or otherwise, to induce, in all the States of the Union,
the absolute and entire abolition of Lotteries.

Deeply sensible to the nature and magnitude of the
evil practices which are thus found to be indulged, to an
unlocked for extent, I but obey a dictate of public duty
in respectfully submitting the memorial and the matters
which it respects, to your consideration. The existing
law for the restraint of Lotteries, I deem wholly inade-
quate to the purpose for which it was enacted. By the
Statute of 1825, chapter 184, the penalty for advertising
or selling any Lottery Ticket or Tickets, or drawing or
aiding or assisting in drawing any Lottery, or being con-
cerned in the management or conducting of any Lottery,
not authorized by the laws of this Commonwealth, is a
fine, not exceeding one hundred dollars for each offence,
so that the imposition of any sum, however small, may
be a satisfaction of the forfeiture created by the statute.
It is well understood, that the gains of many of these
lawless manufacturers and venders of Lottery Tickets
are as immoderate as their trade is vicious. In a recent
exposition, made under the most respectable authority, of
a similar traffic, in a city of a sister State, it is stated
to have been ascertained, that an Officer of a Banking
Institution, who had been detected in abstracting from
the baidi divers sums of money, " was found to be in
43

334 MESSAGE.

possession, in tickets and parts of tickets in various Lot-
teries, of two thousand three hundred and twenty seven
chances, which, after having been all drawn, and exam-
ined, by order of the Bank, produced less than Twenty
Dollars.'^'' Another case of a Bankrupt is given, whose
accounts exhibited an aggregate of ^80,000 drawn by him
in Lotteries at different periods, while his expenditure
for Tickets amounted to the sum of ^120,000, and he
was then insolvent ^70,000. Again it is stated, that the
adventurers in a single Lottery, in the same city, suf-
fered a loss of nearly One Hundred Thousand Dollars,
which, of course, must have gone to the managers and
venders of the Lottery. When such are the results, the
occasional exaction of a small fine, especially taking into
consideration the chances of escape from conviction of
the offence, has little effect to prevent its commission.
While no disgrace attaches to the punishment, the trifling
loss of money by the forfeiture is disregarded in the
general profit of the trade. Indeed the very character
of the penalty induces but to an indifferent estimate of
the nature of the transgression. If it does not serve to
palliate the crime in a moral point of view, it does little
to rebuke it by any public admonition of its heinousness.
In what respect does the fabrication of Tickets in schemes
of unlicensed or pretended Lotteries, differ from the
grossest act of Counterfeiting ; or the unlimited multipli-
cation and sale of parts of Tickets, beyond whole num-
bers, constitute a more venial fraud than the uttering of
spurious bank paper ? I humbly submit, that these
acts, wilfully committed, should be ranked in the same
class of offences, and that imprisonment and infamy
should be denounced by the violated law, against the
perpetrators of the felony.

Permit me earnestly to commend the subject to your

ELIZA WHITE. 335

investigation, and to suggest the expediency of a revision
of the existing Statute, with a view to new provisions,
which shall reach the extensive and complicated frauds
which are represented to be now so recklessly practised,
in all the ramifications, through which the ingenuity of
depraved men has sought to conceal the pursuit of an
unlawful business, and to protect themselves in the en-
joyment of iniquitous gains, to the waste of the morals,
property, and oft times, the lives of their fellow men.
When we shall ourselves have adopted all such measures
as may promise effectually to restrain the enormity at
home, we can, with better propriety, appeal to other
States for their co-o})eration, in producing a more gene-
ral and lasting reform.

LEVI LINCOLN.

Council Chamber, February 12, 1833.

CHAP. XXV.

Resolve on the Petition of Eliza White,

February 13, 1833.

On the petition of Eliza White, Administratrix of the
Estate of Joseph White, junior, late of Salem deceased,
and Mother and Guardian of Charlotte White, a minor
daughter of the said White.

Resolved, That the said Eliza White be, and she hereby
is authorized to sell, at public auction, all the right, title
and interest of the said minor in and to a messuage in

336 ELIZA WHITE.

Salem, in the County of Essex, situated on Brown and
William streets, and described in a deed dated March 10,
1810, and recorded in the registry of deeds for the said
County, book 190, leaf 1 . Also, half of a dwelling house
and land in Salem, situated on Essex street, and descri-
bed in a deed dated November 26, 1813, and recorded
in the same registry of deeds, book 201, leaf 238. Also,
half of a store, wharf and land situated in Beverly, in
the said County, near Essex Bridge, and described in a
writ of possession issued by the Supreme Judicial Court,
at Salem, November Term, 1811, in favor of the said
Joseph White, junior ; and the said Eliza White is fur-
ther authorized to make, execute and deliver good and
sufficient deeds of conveyance of the said lands and ten-
ements, which shall be valid in law to pass all the right,
title and interest of the said Charlotte White in the same :
provided^ that the said Eliza White shall first give bond to
the Judge of Probate for the County of Essex, that she
will pay over and distribute the proceeds of sale of the
said real estate, fo and among the heirs at law of Fran-
cis L' A. Bissell, formerly of Salem, merchant, deceased,
or to their respective executors, administrators or assigns,
in the same proportions as a like amount of the personal
assets of the said Bissell would have been distributed, —
and provided also, that the said Eliza White give public
notice of the time and place of such sale or sales, by
advertising the same in some newspaper printed in the
County of Essex, at least three weeks successively before
the time appointed therefor.

AARON BROOKS, JUNIOR. 337

CHAP. XXVI.

Resolve on the Petition of Aaron Brooks, junior.

February 13, 1833.

Resolved, For the reasons set forth in said petition,
that the sum of one hundred and sixty-nine dollars and
sixty-nine cents be paid out of the treasury of this Com-
monwealth, to Aaron Brooks, junior, for money paid and
services rendered by him, as Judge Advocate of the
sixth division of the Militia of the Commonwealth, in
the prosecution of suits for the recovery of fines imposed
upon Aaron Adams, junior, William Graham, Elisha P.
Cook, George W. Cowee and Luther Alden, by a Court
Martial for said division, holden in March, A. D. eigh-
teen hundred and thirty ; and that His Excellency the
Governor be authorized and requested to draw his war-
rant accordingly.

CHAP. XXVII.

A Resolve on the Petition of the County Commissioners
of Middlesex County.

February 16, 1833.

Resolved, For reasons set forth in the petition of the
County Commissioners of Middlesex County, that the

338 ASYLUM FOR THE BLIND.

Sheriff of said County cause one Patrick Molloy, now
confined in the Gaol at Concord, to be removed to the
Lunatic Hospital in Worcester, in the same way and
with the same preparations as he would have been, had
he been confined in said gaol pursuant to the Statute of
one thousand eight hundred and sixteen, chapter twenty-
eight.

CHAP. XXVHI.

Resolve in behalf of the Trustees of the New England
Asylum for the Blind.

February 16, 1833.

Resolved, by the Senate and House of Representatives
in General Court assembled, That there be paid out of
the Treasury of the Commonwealth, to the Trustees of
the New England Asylum for the Blind, the sum of six
thousand dollars annually, in quarterly payments, the first
payment to be made on the first day of April next, and
the subsequent payments upon the first day of each suc-
cessive quarter, and the whole to continue during the
pleasure of the Legislature, and no longer. Provided,
that, in consideration of said sum of six thousand dol-
lars, and of a former existing grant of the unexpended
balance, from year to year, of the appropriation for the
deaf and dumb, the said New England Asylum shall
receive, board, lodge and educate twenty poor persons
belonging to the State, to be placed there, under the di-
rection of the Governor and Council, and to be dismis-

PETITION OF GEORGE ROBINSON. 339

sed from the Asylum by the same authority ; and if
more than twenty shall apply for admission, that number
shall be selected by lot from all the applicants who are
poor, and within the prescribed ages : mid provided fur-
ther, that no individual, under the age ol six years nor
over the age of twenty four years, shall be placed in
said Asylum by said authority, nor any person who shall
be excluded by the standing by-laws of the Asylum.

Be it further resolved, hy the authority aforesaid, That
the Governor, by and with the advice and consent of
Council, be, and he hereby is requested to draw his war-^
rant upon the Treasurer of the Commonwealth, for the
benefit of the said Asylum, for the same sums, and pay-
able at the same times, as are mentioned in the preced-
ing Resolve.

CHAP. XXIX.

Resolvp on the petition of George Robinson.
February 16, 1833.

Resolved, For the reasons set forth in said petition, that
the sum of thirty-eight dollars be paid out of the Trea-
sury of this Commonwealth to George Robinson, for
services rendered by him as constable, at a court martial
ordered in March last, for the trial of Lt. Col. G. T.
Winthrop, and that His Excellency the Governor be au-
thorized and requested to draw his warrant accordingly.

340 PETITION OF MOSES ADAMS, 2d.

CHAP. XXX.

Resolve on the Petition of Moses Adams 2d, administra-
tor of the estate of Aaron Adams, deceased.

February 18, 1833.

Resolved, That, for the reasons set forth in said peti-
tion, Moses Adams 2d, administrator of the estate of
Aaron Adams, late of Medvvay in the countj of Norfolk,
be, and he hereby is authorized at any time within two
months after the passing of this Resolve, to make and
file in the probate office, in said countj of Norfolk, his
affidavit, setting forth the time, place and manner in
which he gave notice of the sale of certain real estate of
said deceased, situated in said Medway, and in Holliston,
and which he, the said Moses, was licensed to sell by
virtue of an order from the probate court, holden at Ded-
ham, within and for the county of Norfolk, on the fourth
day of April, in the year of our Lord one thousand eight
hundred and twenty six, and such reasonable notice being
given to all persons interested in such real estate, as the
said judge shall order to appearand shew cause, if any
they have, why such affidavit should not be filed as afore-
said, and no such person interested as aforesaid appear-
ing and shewing good cause to the contrary, such affida-
vit, being so filed, shall be evidence of the time, place
and manner in which such notice of sale was given, and
be as effectual for all purposes, as if the same had been
made and filed in said probate office, within the time pre-
scribed by law.

PETITION OF SAMUEL BARTLETT. 341

CHAP. XXXI.

Resolve on the Petition of Samuel Bartlett and others.
Februrury 19, 1833.

On the petition of Samuel Bartlett, of Richmond, in the
county of Berkshire, executor of the last will and testa-
ment, and devisee of Deborah Bartlett, late of said Rich-
mond, deceased, and Hubbard Bartlett, of Lee, in said
county, and John Bartlett, of Guilford, in the county of
New Haven, and state of Connecticut, also devisees of
said Deborah Bartlett, praying for authority to be given
to said Samuel Bartlett, to sell a certain piece of land
situate in said Richmond, devised by said Deborah, as set
forth in said petition, and to invest the proceeds in other
lands situated in said Richmond ;

Resolved^ for reasons set forth in said petition, that
the said Samuel Bartlett be, and he is hereby authorized
and empowered to sell at public or private sale, and to
execute good and sufficient instruments of conveyance
thereof, the piece or parcel of land named in said peti-
tion, situate in said Richmond, containing about ten
acres, bounded as follows : westerly by the highway,
running northerly past the dwelling-house of said Samu-
el, northerly by land now occupied by Luther Salmon,
easterly by land owned by Jacob Chamberlain, and south-
erly by land of Hiram Norton. Provided^ the said Sam-
uel Bartlett shall first give bond with sufficient sureties
to the judge of probate for the county of Berkshire, that
the full proceeds of said real estate shall be invested as
44

342 MESSAGE.

soon as may be, in other real estate in said town of Rich-
mond, for the same uses and purposes as the land hereby
authorized to be sold.

CHAP. XXXII.

To the. Honorable Senate, and

House of Representatives ;

I have received, by the last mails, communications
from the several Governors of the States of Virginia,
New Jersey, and Delaware, transmitting Resolutions, ex-
pressing the sentiments of the Legislatures of those
States respectively, the two former, in relation to the
proceedings of South Carolina, in the adoption of her
Ordinance of Nullification, and the measures of her State
authorities pursuant thereto, and in reference to certain
powers of the General Government under the Constitu-
tion, and the latter declaring a dissent to the proposition
of South Carolina for a convention of the States, " to
consider and determine such questions of disputed power
as have arisen between the States of this Confederacy
and the General Government ;" also other Resolutions
adopted by the General Assembly of the State of Dela-
ware, recommending the passage of a law by Congress,
providing for a more perfect and uniform organization of
the mililia of the several States — all which Documents
the Secretary of State will herewith lay before you, as
they were intended for your notice and consideration.

LEVI LINCOLN.

Council Chamber,

February 2.5, 1833.

PETITION OF WILLIAM A. F. SPROAT. 343

CHAP. XXXIII.

To the Honorable Senate, and

House of Representatives ;

I transmit a communication from the Governor of
Maine, with an accompanying Resolution of the Legis-
lature of that State, proposing the concurrence of the
Government of this Commonvvealtli, in the deposit of the
Records of the doings of the Commissioners, appointed
pursuant to " an Act relating to the separation of the
District of Maine from Massachusetts proper, and form-
ing the same into a separate and independent State,"
and of the surveys made by their order, with the jour-
nals, documents, and papers, relating to their proceed-
ings, in the Land Office of the State of Maine, in the
State House in Augusta, to be there safely kept under
the care of the Land Agents of Massachusetts and
Maine, and subject to the joint order of the two States.

LEVI LINCOLN.

Council Chamber, February 25, 1833.

CHAP. XXXIV.

Resolve on the Petition of William A. F. Sproat.

February 25, 1833.

Resolved, That the sum of two hundred and twelve
dollars and fifty cents, be paid out of the Treasury of

344 ASYLUM FOR THE BLIND.

this Commonwealth, to William A. F. Sproat, for his
services as Register of Probate in the County of Bristol,
for three months, in the year eighteen hundred and thir-
ty-two, under an appointment by the Judge of Probate
of said County ; and that his Excellency the Governor
be authorized and requested to draw his warrant accor-
dingly.

CHAP. XXXV.

Resolve in favor of sundry Persons for services rendered
in superintending the repairs of the State House.

February 26, 1833.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to Benjamin Russell,
the sum of eighteen dollars, to Nathaniel Hammond, the
sum of thirty-six dollars, and to Lot Pool, the sum of
thirty-six dollars, and His Excellency the Governor is
hereby requested to draw his warrant accordingly.

CHAP. XXXVL

Resolve to amend " a Resolve in behalf of the Trustees of
the New England Asylum for the Blind. ^^

February 28, 1833.

Resolved, That the Pupils to be placed for education
in the New England Asylum for the Blind, conformably

PETITION OF JOHN PICKERING. 345

to the provisions of the Resolve to which this is addi-
tional, shall be placed there, and be dismissed therefrom,
under the direction of the Governor of the Common-
wealth, any thing in the Resolve to which this is addi-
tional to the contrary notwithstanding.

CHAP. XXXVII.

Resolve on the Petition of John Pickering.
March 1, 1833.

Resolved, For the reasons set forth in said petition,
that the petitioner be, and hereby is empowered to sell,
either by public auction or private contract, as he shall
think best for the parties interested, and to execute a
good and sufficient deed or deeds to convey a certain
real estate in Lynn, in the county of Essex, consisting of
the Farrington Farm, so called, which was formerly con-
veyed by Newell and others to Joseph White, late of
Salem, in said county of Essex, deceased, and com-
prising a dwelling house, stable, and other buildings, and
the land under and adjoining, and being the same as late
called and known by the name of Brookvale, containing
about fifty acres, with the appurtenances ; — the proceeds
of such sale to be invested either in real estate within the
city of Boston, or in stocks, funds, or other good securi-
ties, or partly in such real estate and partly in such
stocks, funds, or other securities, as shall be most bene-
ficial for the parties interested.

Provided, That the said Pickering shall first give bond,
with sufficient surety or sureties, to the judge of probate

346 PETITION OF WM. & EBEN. SUTTON.

of the county in which said real estate lies, conditioned
for the faithful sale of said real estate, and the appropri-
ation and management of the proceeds thereof, for the
interests of said White and his children, and according to
the rules of law.

CHAP. XXXVIII.

Resolve on the Petition of William Sutton^ and Ebenezer

Sutton.

March 1, 1833.

Resolved, For reasons set forth in the said petition,
that Abner Sanger, of Danvers, in the county of Essex,
in his capacity of executor of the last will and testament
of Ward Pool, late of said Danvers, deceased, and as
trustee, in and by virtue thereof, be, and he hereby is
authorized and empowered to make, execute and deliver
to the said William and Ebenezer Sutton, a good and
sufficient deed of release of all the right, title and interest
which the said Pool, at the time of his decease, had, in
and to a piece of land situated in Andover, in said coun-
ty of Essex, containing about seven acres, and bounded
by the new road leading from Andover bridge to the Bos-
ton road, by the road leading from Marston's ferry, and
by land of Timothy Abbott, of which described land the
said Pool was then seized by virtue of the levy of an
execution thereon, against one Samuel Ayer ; the said
conveyance to be made in conformity with, and in pur-
suance of the terms of an agreement therefor, entered
into between the said Ward Pool, and William Sutton,

GEOLOGICAL SURVEY. 347

late of said Danvers, deceased, of whom the said^William
and Ebenezer are the sole heirs at law, and bearing date
August the first, A. D. 1828.

CHAP. XXXIX.

Resolve for the publication and distribution of the Report
on the Geological Survey of the Commonwealth.

March 2, 1833.

Resolved, That His Excellency the Governor, be and
hereby is authorized to cause twelve hundred copies of
the report on the geological survey of the Commonwealth,
including that part of the report already made, as well as
the part hereafter to be made, with the drawings which
shall accompany said report, to be published, in such way
and manner as he shall deem proper and expedient ; and
he is authorized, with the advice and consent of council,
to draw his warrant upon the treasurer of the Common-
wealth for such sum or sums as may be necessary to
carry this resolve into full effect.

Resolved, That the said twelve hundred copies, when
published, be delivered to the secretary of the Common-
wealth, to be distributed in the following manner, viz :

Twelve copies to the Governor,

Six copies to the Lieut. Governor,

One copy to each member of the Council, Senate, and
House of Re[)resentatives,

One copy each to the Secretary, Treasurer, and to
each of the Clerks and Chaplains of the two Houses,

One copy to each town in the Commonwealth,

348 FIRE PROOF BUILDING.

Five copies to be deposited in the library of the State,
Two copies each to Harvard, Amherst, and Williams'

Colleges,

One copy each to the Theological Seminaries at An-

dover and Newton,

One copy to each incorporated Academy in the Com-

monvvealth,

One copy each to the Boston and Salem Athenasums,
One copy to the American Academy of Arts and

Sciences,

One copy to the Antiquarian Society at Worcester,
One copy to the Massachusetts Historical Society,
One copy to the Boston Society of Natural History,
Twenty copies to the Geological Surveyor, and one

copy to each person who shall have aided him in prepar-
ing the catalogues appended to the report.

Two copies to the Library of the United States,
One copy to the Executive of each State in the Union,
And the remaining copies to be disposed of in such

manner as His Excellency the Governor shall direct.

CHAP. XL.

Resolve for Warming the Fire Proof Building which con-
tains the Public Archives.

March 5, 1 833.

Resolved, That the Secretary of the Commonwealth
be, and he is hereby authorized, to take such measures as
may be necessary for warming the fire proof edifice, re-
cently erected on the northerly front of the State House.

MAINE PUBLIC LANDS. 349

And the Governor is requested to draw his warrant on
the Treasur}? for such sum or sums as may be necessary
to defray the expense thereof.

CHAP. XLL

Resolve authorizing the Land Agent to make sales of
Public Lands in Maine.

March 5, 1833.

Resolved, That the Land Agent of this Common-
wealth be, and he is hereby authorized and empowered
to continue the sales of the public lands in the State of
Maine, behmging to this Commonwealth, either at pub-
lic or private sale, and at such time and place, and upon
such conditions, either in whole or in quarter parts, as he
may jud^e will be most for the interest of this Common-
wealth, and convey the same by good and sufficient deeds :
provided, however, that the aggregate of sales author-
ized by this resolve, shall not exceed, this year, the num-
ber of six townships.

350 EDW. B. & S. A. HUNTINGTON.

CHAP. XLII.

Resolve on the Petition of Edward B., and Sarah A. Hun-
tington, for authority to sell and convey certain Real
Estate.

March 7, 1833.

Resolved, For the reasons set forth in said petition,
that Edward B. Huntington, of the city of New York,
in the state of New York, the husband of Sarah A. Hun-
tington, a minor, be. and he is hereby authorized and
empowered to sell at private or public sale, the one un-
divided quarter part of a certain piece of land with a
dwelling house standing thereon, situate in Poplar street,
in the city of Boston, bounding and measuring as follows,
viz. : southerly on said Poplar street, twenty feet ; east-
erly on land of Michael Roulstone, fifty-two feet ; north-
erly on land of Oliver Wiswall, twenty feet ; and west-
erly on land of said Wiswall, fifty-two feet, with all the
privileges thereto belonging — being the same that de-
scended to the said Sarah A. on the death of her late
mother Susan Huntington : and to make and execute a
good and sufficient deed thereof to the purchaser or pur-
chasers.

MESSAGE. 351

CHAP. XLIII.

To the Honorable Senate, and

House of Representatives ;

The Civil Engineer, in the Service of the State, em-
ployed in the Trigonatnetrical Survey of the Common-
wealth, having, in compliance with the requisition of the
Executive, prepared a connected detailed Memoir of his
operations, the last season, and of the preparation for the
further prosecution of the work, the same is herewith
presented for your examination. The transmission of
this paper is also accompanied by various other Docu-
ments, having relation to the direction of the business of
the Survey, and, in connexion with the communications
heretofore made, will put the Legislature in possession
of all the information, which can be afforded by this
Department, in respect to the past conduct and pre-
sent state of this highly important concern.

The accounts of the Engineer have been settled, in
the Executive Council, to the Istot February last. Ow-
ing to the favorable state of the weather, during the
early winter, the operations of the field were advan-
tageously continued much longer than had been antici-
pated. Hence the expenditures have been made to ex-
ceed the appropriations for the season. The excess
will appear from the report and advice of Council
thereon, a copy of which is herewith submitted. An
Estimate, by the Engineer, for the ensuing season, will
likewise be found among the papers.

The Legislature vvill also permit me to call their
attention to two Letters from Robert T. Paine, Esq.,

352 MESSAGE.

who has undertaken to make the necessary Astronomi-
cal Observations for fixing the latitude and longitude of
some principal places, within the state, in reference to
the final projection of the map. Some further appro-
priation will be required to meet his contemplated ser-
vices the coming year.

In connexion with the general object, the attention of
Professor Hitchcock will be somewhat further required
in completing his Report for publication, and preparing
the Indices, and also perfecting his collection of speci-
mens, with their descriptive labels and references. A
communication from him on this subject, with an esti-
mate of the proper compensation, is therefore submitted.

Col. Stevens, the Civil Engineer, has been directed
o report himself here, with his Field Books, for the pur-
pose of affording, to a Committee of the General Court,
such explanations, in relation to the matter of his vari-
ous Reports, and the character and progress of the
work in which he is engaged, as may be desired. He
will await your pleasure, for this purpose, and I respect-
fully invite such inquiries, on the subject, as shall satisfy
the Legislature of his ability and fidelity in the task to
which he has been assigned.

LEVI LINCOLN.
Council Chamber,
March 8, 1833.

HAVERHILL LT. INFANT. CO. 353

CHAP. XLIV.

Resolve on the Petition of Chauncy Hastings and others,
to furnish the Haverhill Light Infantry Company with
Fire Arms.

March 8, 1833.

Resolved, For reasons set forth in said petition, that
the Adjutant and acting Quarter Master General, be,
and he hereby is authorized and directed to furnish the
Haverhill Light Infantry Company, of the third Regi-
ment, second Brigade, and second Division, of Militia
of this Commonwealth, with sixty-four muskets and bay-
onets, from the Quarter Master General's Department ;
and said Light Infantry Company is authorized to hold
and use said muskets and bayonets, subject however to
be returned to said Quarter Master General's depart-
ment, when called for by the Quarter Master General.

CHAP. XLV.

Resolve for the Fay of the Clerks of the General Court.

March 9, 1833.

Resolved, That there be paid out of the treasury of
this Commonwealth to the Clerk of the Senate, eight
dollars per day ; to the Clerk of the House of Represen-

354 ERVINGS GRANT.

tatives ten dollars per day ; and to the Assistant Clerk
of the Senate six dollars per day, for each and every
day's attendance they have been, or may be employed in
that capacity during the present session of the 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,
with advice and consent of Council, is requested to draw
his warrant accordingly.

CHAP. XLVl.

Resolve on the Petition of the Inhabitants of the Plantation
of Ervings Grant.

March 11, 1833.

Resolved, For the reasons set forth in said petition, that
the county commissioners of the county of Franklin, be,
and they hereby are authorized to support and repair, at
the expense of said county, from time to time, as often
as may be necessary, so much of the highways and
bridges within the limits of said Ervings Grant, as, in
their opinion, the circumstances of the case and the pub-
lic good may require ; and may also appoint an agent, if
they see cause, to superintend said repairs, and render to
said commissioners an account thereof.

PET. OF ISAAC NEWTON, 2d, & OTHERS. 355

CHAP. XLVn.

Resolve for the purchasing of Cobb^s Manual on the growth
of the Mulberry Tree and the Culture of Silk.

March 11, 1833.

Resolved, That the Secretary of the Commonwealth
be authorized to purchase eighteen hundred copies of
Cobb's Manual on the growth of the Mulberry tree and
the culture of Silk : provided, that the whole amount of
said purchase shall not exceed the sum of three hundred
dollars.

Resolved, That each member of the Legislature shall
be furnished with one copy, and each town in the Com-
monwealth with three copies of said Manual, and the re-
maining copies shall be disposed of as His Excellency the
Governor shall direct.

CHAP. XLVIII.

Resolve on the Petition of Isaac Newton, 2d, and others.

March 11, 1833.

Resolved, For the reasons set forth in said petition,
that the county commissioners for the county of Frank-
lin, in addition to the sum authorized by a resolve of this
Legislature, on the petition of Elie! Gilbert and others,
passed the 5th day of February, A. D. 1820, be, and

356 CONVENTION OF SOUTH CAROLINA.

they hereby are authorized and empowered to grant and
allow, for the purposes specified in said resolve, such
sum or sums of money, from time to time, as they may
think proper, not exceeding one thousand dollars in all ;
and may also appoint an agent, if they see cause, to
superintend the expenditure of all monies so granted, and
render to the said commissioners an account thereof.

CHAP. XLIX.

RESOLVES

In relation to the proceedings of the Convention of South

Carolina.

March II, 1833.

The Joint Select Committee, appointed to consider so
much of the Governor's Address as^relates to the pro-
ceedings of the late Convention of the people of South
Carolina, and the purposes and policy thereof: and to
whom have been referred Resolutions of the States of
Pennsylvania, New Hampshire, Illinois, North Caro-
lina and Delaware upon that subject, have attended to
the duty assigned them, and beg leave to submit the
following Report :

In the partial Report which they have already submit-
ted, the committee have stated in general terms the
character of the proceedings of the late Convention of
the people of South Carolina ; and the subject is now so
fam.iliar to the public, that it does not seem necessary to
enter very fully into a recapitulation of facts. It is gen-
erally known that this convention, which appears to have

CONVENTION OF SOUTH CAROLINA. 357

been assembled agreeably to the forms prescribed by the
Constitution of the State, met at Columbia on the 22d of
last November :— that almost immediately after, and with
very little deliberation, it proceeded to pass an Act, de-
nominated an Ordinance, declaring null and void all the
laws of the United States which impose duties upon the
importation of foreign goods, particularly those of the
19th of May, 1828, and the 14th of June, 1832; prohib-
iting the execution of them within the State of South
Carolina, and making it the duty of the Legislature to
pass such laws as should be necessary to give full effect
to the Ordinance, and to prevent the enforcement and
arrest the execution of the laws aforesaid :— that the Le-
gislature, at a session subsequent to the meeting of this
Convention, has in fact passed certain laws for these
purposes, which were to go into operation on the first
day of this month, and which, if executed, must bring
the constituted authorities of the United States and of
South Carolina, into open collision.

The papers in the hands of the committee include a
printed copy of this Ordinance of the convention, trans-
mitted by its order to His Excellency the Governor, and
also printed copies of a long report of the committee
which drafted the Ordinance, and of addresses in the
name of the convention to the people of the United
States and of South Carolina. These documents under-
take to justify the proceedings of the convention, on the
ground that the duties on the importation of foreign goods
were laid, in part, at least, for the purpose of protecting
domestic industry : that the General Government is not
invested by the constitution with the power of laying
duties for this purpose, and that, whenever the General
Government assumes powers which, in the opinion of any
one of the States, are not given to it bv the constitu-
46

358 CONVENTION OF SOUTH CAROLINA.

tion, the State which entertains this opinion may, with-
out violating the constitution, declare the act by which
the power so assumed has been exercised, null and void,
and prevent the execution of it within its limits. It also
appears to have been supposed by the Convention, that
on the adoption of such measures by any one State, it
would become the duty of the General Government to
suspend the execution of the law complained of, at least
within the limits of the complaining State, and to apply
to the people in the form prescribed for amending the
Constitution, for a grant of the power supposed to have
been unconstitutionally assumed : — that, if the power
should on this application be refused by the people, it
would be the duty of the General Government definitive-
ly to repeal the law by which it had been exercised, and
that if, on the contrary, it should be granted, it would
then become the duty of the complaining State to ac-
quiesce. There seems, however, to be some uncertainty
in the views of this part of the subject entertained by
that portion of the citizens of South Carolina upon whom
the responsibility for these measures rests : as the Legis-
lature of the State, instead of leaving it to the General
Government to propose to the people in the form pre-
scribed for amending the Constitution a grant of the
power of laying duties upon the importation of foreign
goods, have themselves, at their late session, passed re-
solutions, proposing to the other States to hold a Conven-
tion for the purpose of settling this and other questions
which they consider as doubtful.

It is affirmed, in these addresses and reports, that the
laws of the United States, imposing duties upon the im-
portation of foreign goods, thus declared to be null and
void, are exceedingly burdensome and oppressive to the
people of South Carolina. This proposition is not made

CONVENTION OF SOUTH CAROLINA. 359

out by the statement of any facts which tend to prove the
existence of actual distress ; and it is remarkable that
the Governor of South Carolina, in his address to the
Legislature, at the opening of their late session, congrat-
ulates them upon the extraordinary prosperity of the
State. The Convention attempt to maintain their as-
sertion of the ruinous tendency of the impost laws, by
laying down certain abstract principles in political econ-
omy, which are very paradoxical, and as the Committee
believe, entirely erroneous. It is unnecessary, however,
for the purpose of the present report, to enter upon a par-
ticular examination of these doctrines, because the justi-
fication of the proceedings of South Carolina does not
after all depend in any degree upon the question of their
truth or falsehood. Whatever may be the real operation
of the impost laws upon the peculiar interests of that
State, — were it as unfavorable as the Committee believe
it to be beneficial and salutary, it is admitted that the
State would have no right to seek redress in the form in
which it is now sought, unless the enactment of these
laws involve an assumption by the General Government
of powers not granted by the Constitution. No abuse of
constitutional power, however glaring and intolerable,
would, on the theory of the Convention, justify a resort
to nullification.

The question of the real operation of the impost laws
upon the prosperity of South Carolina, may therefore be
laid entirely out of the case. Nor, although the justifi-
cation of the proceedings of the Convention is to be
sought, on the ground taken by that body, in the sup-
posed unconstitutional character of these laws, do the
Committee deem it important for the present purpose
to inquire particularly how far this obligation is well
founded. Entertaining, themselves, no doubt whatev-

360 CONVENTION OF SOUTH CAROLINA.

er, that the power of laying duties on imported foreign
goods, with a view to any appropriation of them which,
in the discretion of the Government, may be required by
the common defence and general welfare, is given by
the Constitution, the Committee are also persuaded,
that were this a doubtful point, or were it even conced-
ed that the General Government has no such power, the
proceedings of South Carolina would not, on that ac-
count, be any the more defensible. The objection to
them is, that they propose an unconstitutional and illegal
method of obtaining relief from a supposed political
grievance. It is therefore unnecessary to inquire, whe-
ther this grievance be real or imaginary, since the ob-
jection, if substantiated, is equally valid in either contin-
gency.

Omitting, therefore, any consideration of the expedi-
ency or constitutionality of the laws imposing duties on
imported foreign goods, the Committee will confine them-
selves to the single enquiry, how far the proceedings of
the Convention of South Carolina are consistent with the
Constitution and Laws of the Country ? Even in this
restricted shape, the subject is far too extensive to be
examined, in a full and satisfactory manner, within the
limits assigned by usage to a document of this kind.
The Committee can only undertake to present a few of
the considerations that bear most strongly and obviously
upon the leading points of the argument.

The suggestion that would probably first occur to an
impartial mind, on examining the account of these pro-
ceedings, is the apparent want of consistency and pre-
cision in the reasoning and conduct of the Convention,
admitting even the correctness of the general principles
on which they profess to act. It would be natural to
expect, that in a case of so novel a character, and of such

CONVENTION OF SOUTH CAROLINA. 361

extraordinary interest and importance, every step would
be carefully guarded, and no conclusions drawn, which
did not follow, in the strictest manner, from their sup-
posed premises. This, however, is far from being the
case. The Committee have already remarked the dif-
ference between the theories of the Convention and the
Legislature, as to the second step in the process of nul-
lification. While the Convention appear to suppose that
after a State has annulled an Act of Congress, it becomes
the duty of the General Government to apply to the
States for a grant of the disputed power, the Legisla-
ture have addressed themselves directly to the States,
and proposed a convention. The want of consistency
in the texture of the Ordinance, is not less apparent.
The whole reasoning of that Act, and the accompany-
ing papers, supposes that the right of a State to annul
an Act of Congress, can only exist in the case of an as-
sumption, by that body, of powers not delegated by the
Constitution ; and for the purpose of bringing the impost
laws within this rule, the Convention attempt, at great
length, to prove that they do, in fact, involve such an
assumption. Thus far their conduct, if not justifiable,
is consistent ; but after first annulling the tariff laws, the
Convention proceed, in open defiance of their own rules
and reasoning, to annul an important provision of anoth-
er law, which has never been regarded by any one as
unconstitutional, and which the Convention themselves
do not even pretend to represent as being so. While the
Judiciary Law gives the right of appeal from the State
Courts to the United States, in all cases involving any
question of the validity of an Act of Congress, the Ordi-
nance prohibits any such appeal in all cases involving
any question of the validity of the Acts of Congress
which it professes to annul. This is done without even

S62 CONVENTION OF SOUTH CAROLINA.

the ceremony of affirming, or attempting to prove, that
this provision of the Judiciary Act involves an assump-
tion of power not delegated by the Constitution.

This feature in the Ordinance renders it, perhaps, in
some degree, superfluous to examine the reasoning by
which Uhe Convention undertake to justify its leading
provisions. If they can venture to annul one Act of
Congress, without even pretending to assert that it is
unconstitutional, it is not easy to see why they should
be at so much pains to make this out, in regard to ano-
ther, before they subject it to the same process : nor
does it seem to be very necessary to inquire, how far
they succeed in establishing this proposition, when their
proceedings so clearly shew, that if it be necessary to
their argument, it is in no way necessary to their action.
But without enlarging upon this consi^j^tion, the Com-
mittee will proceed to examine, very concisely, the na-
ture of the reasoning by which the Convention under-
take to prove, that any one Slate has a right to annul
an Act of Congress, which, in the opinion of such Slate,
involves an assumption of power not delegated by the
Constitution. The substance of the argument is under-
stood to be as follows.

The Constitution is a compact between the States,
which were, at the time of forming it, and are now, dis-
tinct communities, politically independent of each other.
It confers, on the General Government, certain specific
powers, and the assumption by that Government of any
power not so delegated is a breach of the compact.
But in this, as in all other cases of compacts or treaties
between independent States, a breach of the compact
by one party, exempts the rest from the obligation they
were under to observe it : and each is, of course, the

CONVENTION OF SOUTH CAROLINA. 363

only judge for itself, whether the compact is or is not ob-
served.

Or, in still more concise language :

The States were independent of each other at the
time when they formed the Constitution ; therefore they
are independent of each other now.

This argument appears to the Committee to be de-
fective in both its parts. It is far from being a settled
and acknowledged point, that the States can fairly be
considered as having been absolutely independent of
each other at the time when the present Constitution
was formed ; and if this were even admitted, it would by
no means follov/, that they possess, and may exercise,
under the Constitution, and consistently with it, the
rights belonging to mutually and absolutely independent
States.

1 . It is far from being a settled point, that the States can
fairly be considered as having been absolutely indepen-
dent of each other at the time when the Constitution
was formed and adopted. It is well known, that this is
a question upon which the nblest statesmen and purest pa-
triots in the country have differed, and at this moment
contmue to differ, in opinion. The President of the
United States, in his late proclamation upon the subject
of the proceedings of South Carolina, expressed his be-
lief, that the Acts of Union which preceded the Decla-
ration of Independence, had combined the States into
ONE PEOPLE, and that it was in their joint capacity
as such, that they formed the Constitution. His predeces-
sor has publicly professed the same sentiment. On the
other hand, Presidents Jefferson and Madison, with vari-
ous other citizens of the highest respectability, many of
whom had concurred in the forming of the Constitution,

364 CONVENTION OF SOUTH CAROLINA.

consider the States as having been, from the time of the
Declaration of Independence, until the adoption of the
Constitution, distinct comnfiunities, entirely indepen-
^ dent of each other.

This diversity of views, among individuals of equal
talent and unsuspected integrity, will not appear very
extraordinary, when it is recollected that, during the pe-
riod in question, the country was in a revolutionary state.
Its condition was analogous to that of England during
the interval between the overthrow of the arbitrary gov-
ernment of the Stuarts and the settlement of the Consti-
tution in 1688 ; or that of France, between the destruc-
tion of the old monarchy in 1789, and the final sanction
of the present charier, after the three great days of July
1830. In both the cases alluded to, it is well known,
that political institutions, of various and opposite charac-
ters, rapidly succeeded each other, and that neither coun-
try could be said, with propriety, to possess a regular
and settled government. They were in a state of transi-
tion from one form of political existence to another, and
this was substantially the condition of the United States
from the Declaration of Independence until the adoption
of the Constitution. It was not only a natural, but, as
the Committee conceive, a necessary result of this con-
dition, that political events of different and even contra-
dictory characters, should successively occur, and that
individuals, as they have been led, by circumstances, to
attach greater or less importance to one or another of
these events, should draw different conclusions as the
existing forms of government. On the one hand, the
States acted, for many purposes, as distinct communi-
ties, claiming to be politically independent of each oth-
er ; while, on the other hand, they organized a Union
among themselves, with a Congress of Delegates at the

CONVENTION OF SOUTH CAROLINA. 363

head of it, who exercised most of the powers of a Gene-
ral Government. It would, perhaps, be difficult to re-
concile all the acts and powers of Congress and the State
Governments at that time, with any consistent and pre-
cise political theory ; and the failure of the experiment
tends to confirm the opinion, that the elements which
entered into the structure of the old confederacy were
incoherent and self-contradictory. The Committee are
inclined to believe, as they have already remarked, that
the future historian will consider the whole period in
question as a a revolutionary one, and the form of the go-
vernment as unsettled and fluctuating, until it was finally
fixed, for the first time, by the adoption of the present
Constitution.

2. But the Committee deem it unnecessary to dwell
upon this point, since, were it even admitted that the
States, at the time when they formed the Constitution,
were distinct communities, politically independent of
each other, it would by no means follow, as the Conven-
tion of South Carolina appear to suppose, that they are
still in that condition, and that the Union is a League or
Confederacy of mutually and absolutely independent
States. The rights and obligations of the parties to a
contract are determined by its nature and terms, and
not by their condition previously to its conclusion. As
respects the latter point, the only question is, were the
parties legally, or in cases when they are not subject to
a common government, morally capable of making
such a contract ? If this question be answered in the
affirmative, the previous condition of the parties, in oth-
er respects, is immaterial ; and in order to ascertain to
what the contract binds them, we have only to inquire
what the contract is.

Now there can be no doubt, that independent States
47

366 CONVENTION OF SOUTH CAROLINA.

are morally as capable of forming themselves into a
body politic, as independent individuals. A great pro-
portion of the political societies which now exist, or of
which we know the history, were constituted in this
way. Hence, were it even admitted, that the States
were distinct and independent communities at the time
when they framed the constitution, the fact would no
more prove that they are distinct and independent com-
munities now, than the fact that the two parties to a
contract of marriage were single before its conclusion
goes to prove that they are single afterwards. If the
States were, at the time when they framed the constitu-
tion, as there cannot be a doubt, morally capable of
forming a contract, involving the entire surrender of
their political independence, it is quite apparent that,
in order to ascertain their rights and obligations under
the constitution, we have to look exclusively to the na-
ture and terms of that instrument, without regard to the
mutual relations of the parties before they made it.

Reposing mainly, as has been said, for the justifica-
tion of their proceedings, upon the argument that the
States were independent at the time when the constitu-
tion was adopted, and must therefore of course be inde-
pendent now, the convention has in a great measure
lost sight of the course of reasoning which is proper to
the subject, and have made but little effort to establish
their doctrines, by reference either to the general na-
ture of the constitution, or to its specific provisions.
Some considerations appertaining to this branch of the
inquiry, are however to be found in their publications,
and to them the committee will now very briefly direct
their attention.

Of these considerations the most important is, that
the General Government, created by the constitution of

CONVENTION OF SOUTH CAROLINA. 367

the United States, is a Government invested with spe-
cific and limited powers, having no general and indefi-
nite powers, excepting such as are necessary to carry
the specified ones into effect, and that the powers not
conferred upon the General Government are reserved
to the States. This is, no doubt, true in fact : but that
it was not intended in making this arrangement, to
maintain the States in possession of an absolute political
independence, with a right of judging for themselves
when the General Government exceeds its powers, and
annulling any acts involving such excess, is apparent, as
well from other particular provisions of the constitution,
as from the general scope and purpose of that instru-
ment.

In all cases the general purpose of a contract is
one of the most important elements to be taken into
view in ascertaining the rights and obligations resulting
from it, because the general purpose controls, to a cer-
tain extent, the construction of all the particular pro-
visions. It would be absurd to interpret any particular
part of an instrument in such a way as would suppose in
the parties an intention manifestly contrary to the gen-
eral object of the whole; as for example, to interpret
one of the clauses in a contract of marriage in such a
way as would suppose that it was the intention of the
parlies to remain single. Now it is quite apparent from
the general scope and purpose of the constitution of the
United States, that it was not the intention of the par-
ties who framed it, whether considered in their joint or
individual capacity, to retain the character of absolute
political independence. It is one of that class of agree-
ments commonly denominated social compacts, the prin-
cipal object of which is to combine the parties forming
them into one body politic, or political society, under a

368 CONVENTION OF SOUTH CAROLINA.

common Government. This is apparent on the face of
^the instrument. fVe, the people of the United States, in
order to form a more perfect Union, establish justice, en-
sure domestic tranquillity, provide for the common defence,
promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and estab-
lish this Constitution for the United States of America.
That such is the general scope of the instrument is not
contested by the warmest advocates of the doctrines
maintained by the convention of South Carolina. But
the precise object which the parties to a social compact
have in view in forming themselves into one political
society, is to terminate the relation of mutual indepen-
dence which previously existed between them. If the
contract contained a clause providing that the parties
should retain their political independence, it would be
self-contradictory ; and to interpret a doubtful passage
or particular provision in such a way as to attribute to
the parties such an intention, would, as the committee
have remarked, involve the same absurdity as to inter-
pret a clause in a marriage contract on the supposition
that the parties intended to remain single. It is of the
essence of a social compact or constitution of govern-
ment, that the parties to it surrender their absolute
political independence, and become members of a soci-
ety whose will is admitted to be the common law. To
declare this will, agreeably to the forms prescribed in
the constitution, — in other words, to make and alter the
laws as occasion may require, is the office of the gov-
ernment. No individual or other member of the body
politic can possibly, as such, exercise the power of mak-
ing or annulling the laws, for the obvious reason that
laws derive their character as such, from being the acts
of the Government, and that if an individual, or other

CONVENTION OF SOUTH CAROLINA. 369

member of the body politic, should succeed in giving to
his own will the force of law, that is, in compelling the
society to obey it, he would at the same time cease to
be a citizen, and would concentrate in his own hands
the Government of the country. In some extreme cases
of intolerable oppression, the individual and other mem-
bers of the body politic are justifiable in forcibly opposing
the execution of the law ; but even in these cases there
is no claim of any constitutional or legal right to repeal
or annul it. The claim is to resist, in the exercise of
the natural and inalienable right of self defence, the
execution of what is admitted at the time to be, in form
at least, a law.

The general scope and objects of the constitution
preclude therefore the idea that it was the intention of
the parties to it to retain their absolute political indepen-
dence, or that they possess any right under it to annul
the acts of the General Government. The same con-
clusions result with equal certainty from a view of its
particular provisions. Had it been intended that the
States should possess the important power of annulling
or repealing at discretion the acts of the General Govern-
ment, this power would undoubtedly have been given to
them in express terms. It is not even pretended that the
constitution contains any such express concession. Not
only is there no express concession to this effect, but the
idea that any thing of the kind was intended, is precluded
by several provisions of an opposite character. The
constitution gives to the supreme court co;i,\.lzance of all
cases arising under the constitution, and the laws and
treaties made under the authority of the United States.
This involves the right of deciding, in the last resort,
whether a law is constitutional, which the Carolina
doctrine claims for the States. The convention have

370 CONVENTION OF SOUTH CAROLINA.

accordingly found themselves under the necessity of an-
nulling the section of the judiciary act by which provision
was made for carrying this clause of the constitution into
effect withou't^ven pretending that it was unconstitu-
tional. Again l This Constitution, and the laws and
treaties made in pursuance of it, are the Supreme Law of
the land, any thing in the Constitution and laws of any
State to the contrary notwithstanding. By this provision,
any act of a State, whether performed in its sovereign or
legislative capacity, pretending to annul an act of the
General Government, is declared in advance to be null
and void. As respects the pretension that the States re-
lain under the constitution their absolute political inde-
pendence, it may be remarked that, were there no other
objection to the doctrine, it would be satisfactorily refu-
ted by the clause which regulates the form of making
amendments. It is there provided, that any amendment
of the constitution which may be proposed by two thirds
of both Houses of Congress, and ratified by three fourths
of the States, shall be binding on the rest. It is hardly
necessary to add, that a community which is not only
bound to obey laws which twenty-three other communities
have a common agency in making, but which is bound to
acquiesce in any changes in the form of the common
Government that may be proposed by a certain number
of these other communities, can have no claim to the
character of absolute independence.

It is apparent therefore, as well from the general ob-
jects of the constitution as from the tenor of its partic-
. ular provisions, that it was not the intention of the parties
who formed it to retain their entire independence, or to
exercise the power of annulling the acts of the General
Government created by it. The fact that the Govern-
ment is invested with specific and not indefinite powers,

CONVENTION OF SOUTH CAROLINA. 371

has no tendency to prove the existence of such an in-
tention, and has in fact no bearing at all upon the sub-
ject. The question at issue is, how much power the
body politic of the United States of America possesses
over the individual States of which it is composed. To
the decision of this question, it is obviously (juite imma-
terial whether the powers attributed by the constitution
to the General Government, are definite or indefinite.
These are exercised upon the individual citizen, and not
upon the States, and neither their extent, nor the mode
in which they are determined, can have any effect in
settling the mutual relations between the States and the
United States of America. The powers of all Govern-
ments are prescribed and limited, if not by written in-
struments, at least by usage and by the moral law.
When they transgress the limits prescribed for them, the
people cure the evil either by a change in the adminis-
tration, effected in consistency with the forms of the
constitution, or, if the case be extreme, by recurring to
the natural right of violent resistance to the law. When
the powers of the Government are defined by a written
instrument, an attempt at usurpation is more likely to
be distinctly seen and promptly attended to. But no
new remedy is created, and in this, as in all other cases,
the people must tolerate the existence of the evil until
it can be removed by the silent efficacy of the ballot-
box, or must recur at once to forcible resistance. There
is, and can be in the nature of things, no middle path
between these two courses. Every attempt to prevent
by force, the execution of the laws, — by whatever name
it may be called, — is, in its nature, revolutionary, and
can only be defended by such considerations as would
justify an act of rebellion.

On the whole, the Committee have been led to con-

372 CONVENTION OF SOUTH CAROLINA.

elude, from the best consideration which they have been
able to give to the subject, that the right claimed by
South Carolina for the several States, of annulling at
discretion any act of the General Government which
they may deem unconstitutional, has no foundation in
the letter or spirit of the Constitution. Nor is it counte-
nanced in any degree by the practice under that instru-
ment. For nearly half a century, during which the
Government has been in operation, no case has occur-
red of an attempt by a State to annul one of its acts,
although serious discontents have from time to time ex-
isted in different quarters, which would probably have
led to the adoption of such a course had it been recog-
nized by public opinion as constitutional. The only
authority of a practical kind which has ever been ad-
duced in support of it, is that of certain Resolutions
adopted by the State Legislatures of Virginia and Ken-
tucky, in the years 1798 — 9. Were it admitted that
these Resolutions go the full length of the Carolina doc-
trine, they would still afford no actual precedent, and
could only be regarded as an expression of the opinion
temporarily prevailing in the Legislatures of these two
States, but never even by them reduced to practice.
These celebrated Resolutions have however been re-
cently explained, in reference to this very question, by
the distinguished Statesman who drafted one set of
them, and was at the time the confidential friend and
political associate of the author of the other, to intend
nothing more than an assertion, in strong; terms, of the
universally acknowledged right of constitutional opposi-
tion to measures regarded as oppressive, and, in extreme
cases, of forcible resistance. This explanation of his own
intentions, and those of his immediate political friends, of
course settles the construction to be put upon these Re-

CONVENTION OF SOUTH CAROLINA. 373

solutions, and removes the only shadow of practical au-
thority and precedent, that has ever been claimed by the
advocates of the doctrine of Nullification.

As this doctrine receives no countenance from the
theory of the constitution, or the practice under it, it is
the less necessary to dwell upon its practical tendency,
a topic which would afford very strong corroborating
arguments against it, if, as a strict question of right, it
could be considered as doubtful. It hardly requires any
argument to shew that the exercise, by each of the
twenty-four States, of a right to annul, at discretion, any
Act of the General Government which they might deem
unconstitutional, is wholly incompatible with a consist-
ent and settled administration of the public affairs. Any
law which might be supposed, correctly or not, to ope-
rate with peculiar hardship upon a particular State,
would naturally appear, under the excitement of the
moment, to be unconstitutional ; and as, in a community
so vast as ours, there can hardly ever be a time when
there is not some law which, for some reason, is par-
ticularly offensive to some one State, the process of
nullification, if once recognized, would be constantly
going on in one quarter or another. Every new at-
tempt of the kind would shake the government to its
foundations, and it would not probably require the oc-
currence of many to reduce our happy Union to a state
of dissolution, more complete and hopeless than even
that of the old Confederacy. The Committee refrain
from enlarging upon these results, the necessity of which
is, however, apparent to the most superficial observa-
tion. The question is argued by Carolina, chiefly as
one of mere right ; and the answer on that ground only,
is, in the opinion of the Committee, so clearly against
48

374 CONVENTION OF SOUTH CAROLINA.

her, that it would be needless to attempt to sustain it by
any considerations of mere expediency.

With this view of the subject referred to them, and
under a conviction that it is proper and expedient that
the opinion of the General Court of this Commonwealth
should be distinctly expressed upon it, the Committee
respectfully submit the accompanying Resolves, which
embody the most important principles that have now
been suggested.

The Committee have felt a very deep regret at finding
themselves called upon to express opinions unfavorable
to the proceedings of a State so distinguished in the
annals of the country, and so remarkable for the lofty
and generous character of its sons as that of South Ca-
rolina. In so doing, they would not be understood to
impeach the motives by which the State has been gov-
erned, or to intimate that it has been actuated by any
other purpose, than that of procuring relief from a sup-
posed grievance. The Committee are well aware, that
the purest patriots and wisest statesmen may be led, un-
der the influence of mistaken views and excited feelings,
into very dangerous measures. The present proceed-
ings in South Carolina are, in their opinion, of that de-
scription. But the Committee indulge a confident hope,
that by the exercise of the necessary firmness and dis-
cretion, on the part of the General Government, the
danger may be averted, and that South Carolina herself,
recovering from the delusion under which, for some time
past she has appeared to labor, may continue to main-
tain her accustomed place among the most enlightened
and patriotic States in the Union.

Before concluding their report, the Committee deem
it a duty to themselves and to the Legislature, to advert
very briefly to some remarks which have been made

CONVENTION OF SOUTH CAROLINA. 375

upon the tendency of the Resolves accompanying their
former report, and adopted by the almost unanimous
vote of both branches of the General Court. In certain
quarters of high respectability, where the Resolves have
been brought under discussion, it has been intimated that
they favor the doctrine of Nullification, because they
express the sentiment that the Legislature is not bound,
silently, to acquiesce in measures considered by them
as subversive of the spirit of the Constitution ; and this
in the way of instruction to the delegation of the Com-
monwealth in Congress, for the purpose of prevent-
ing the adoption of these measures. The difference be-
tween a proceeding of this kind, and an attempt to annul
and prevent the execution of existing laws, is too obvi-
ous to be overlooked. That the General Government
may adopt an unconstitutional measure, is of course
possible ; and no one can doubt that any portion of the
people have a right, in an orderly and peaceable man-
ner, to express their opinion upon the character of any
of the measures of the General Government. But when
this is done in advance, for the purpose not of denounc-
ing an existing law, but of preventing a threatened mis-
chief, it is not easy to see how the most fastidious judge
can find any thing at which to take offence.

But were it even true, that the Legislature of this
Commonwealth had expressed the intention of forcibly
resisting the execution of an unconstitutional law, it
would not therefore follow, that they had countenanced
the doctrine of Nullification. The right of forcible re-
sistance to the laws, in cases of extreme oppression, is
undisputed. If such a case should ever occur, Massa-
chusetts will openly take her stand upon that undisputed
and indefeasible natural right. Nullification undertakes
to reconcile resistance with submission ; to obey and

376 CONVENTION OF SOUTH CAROLINA.

break the law at one and the same time. It must be
justified, if at all, on principles entirely different from
those which justify the natural right of resistance, and on
principles which have never been professed, counte-
nanced or practised upon by the Government or people
of this Commonwealth.

All which is respectfully submitted,
For the Committee,

A. H. EVERETT.

Whereas, The People of South Carolina, assembled by
their Delegates in Convention, have recently passed an
act, denominated an Ordinance, purporting to annul cer-
tain acts of the Government of the United States, and to
arrest their execution within the limits of that State, and
have transmitted a copy of the same to His Excellency
the Governor, with an accompanying address to the
people of this Commonwealth, setting forth the reasons
by which they justify this extraordinary measure ; and

Whereas, It is important that the opinion of the Gene-
ral Court of this Commonwealth should be publicly and
distinctly expressed upon those proceedings, in order
that their silence may not be construed into acqui-
escence in the propriety of the same, or approbation of
the reasons alleged in justification of them : therefore,

Resolved, By the Senate and House of Representatives
of the Commonwealth of Massachusetts, in General Court
assembled. That the Constitution of the United States
of America is a solemn Social Compact, by which the
people of the said States, in order to form a more per-
fect union, establish justice, insure domestic tranquillity,
provide for the common defence, promote the general
welfare, and secure the blessings of liberty for them-
selves and their posterity, formed themselves into one

CONVENTION OF SOUTH CAROLINA. 377

body politic, under a common Government: that this
Constitution, and the laws of the United States made in
pursuance thereof, and all treaties made under the
authority of the same, are the supreme law of the land,
any thing in the constitution or laws of any State to the
contrary notwithstanding : — and that no citizen. State,
or other member of the body politic, has a right in any
shape, or under any pretext, to annul or prevent the exe-
cution of the said Constitution, laws or treaties, or any
of them, excepting in such extreme cases as justify a
violent resistance to the laws on the principle of the
natural and indefeasible prerogative of self defence
against intolerable oppression.

Resolved, That the right claimed by the Convention
of South Carolina for that State, of annulling any law
of the United States vvhich it may deem unconstitutional,
is unauthorized by the letter or spirit of the constitution
— not supported by any contemporaneous exposition of
that instrument, or by the practice under it : — inconsis-
tent with the nature of political society, and tending, in
practice, to the subversion of public tranquillity, and the
complete overthrow of the Government.

Resolved, That the President of the United States is
empowered, and in duty bound by the express provisions
of the constitution, and by his oath of office, to take
care that the laws are faithfully executed : — that when
attempts are made to disturb by force the execution of
the laws, it is the duty of the President to employ the
means which are placed at his disposal by the constitu-
tion and laws for the purpose of defeating them : — that
the Proclamation of the 10th of December last, is a ju-
dicious, well timed and salutary measure, well calcula-
ted to prevent the necessity of recurring to others of a
different character : — that we approve the determiation

378 CONVENTION OF SOUTH CAROLINA.

therein expressed by the President, to enforce the laws,
and that wc are prepared to support him and the other
constituted authorities of the Union, in all the necessary,
suitable, constitutional and legal measures, which they
may be called upon to adopt for that purpose.

Resolved, That while we find ourselves compelled to
express an unfavorable opinion of the recent proceed-
ings of South Carolina, we entertain no sentiments of
unkindness towards our fellow citizens of that State : —
that we look back with pride and satisfaction to the
brilliant services rendered by South Carolina in the
struggle for independence, and have ever regarded her
as among the most distinguished members of the Union :
— that we deeply regret that measures adopted in good
faith, and in a strictly constitutional form, by the con-
stituted authorities of the country, should have been
considered by the people of that State as intended to
build up another section of the Union at their expense : —
that we are, and always have been ready and desirous
to listen, in a sincere spirit of conciliation, to any propo-
sitions for changing, in a constitutional and legal man-
ner, any part of the existing legislation, and to give
them all the attention to which they are fairly entitled :
and that we earnestly entreat our brethren and fellow
citizens of South Carolina to desist from the irregular,
violent and unconstitutional attempts to obtain redress
for their supposed grievances, in which they are now
engaged, the result of which, if further pursued, can
only be to create collision between the General and
State Governments, endanger the public tranquillity,
and seriously compromise the safety of the persons im-
mediately concerned in them.

Resolved, That His Excellency the Governor be re-
quested to transmit a copy of these resolves and of the

TOWN OF ADAMS. 379

report preceding them, to the President of the United
States, the Governors of all the States, and to each of
the Senators and Representatives of this Commonwealth
in Congress.

CHAP. L.

Resolve on the Petition of the Town Officers of the Town of

Adams.

March 11, 1833.

Resolved, That for reasons set forth in said petition,
the selectmen of the town of Adams, in the count)' of
Berkshire, be, and they hereby are authorized to make
out and post up alphabetical lists of voters in two or more
public places within said town of Adams, ten days, at
least, before the first Monday of April next. And the
posting up of such lists at the time aforesaid shall have
the same effect, so far as it resj)ects the validity of any
town meeting holden within said town, on or after the
first Monday of April next, as if said lists had been made
out and posted up ten days before the first Monday of
March instant.

380 MESSAGE.— PET. OF MARY KNOX.

CHAP. LI.

To the Honorable Senate, and

House of Representatives.

A Preamble and Resolutions recently adopted by the
General Assembly of Ohio, on the subject of the late
Ordinance and proceedings of South Carolina, — and dis-
tinct Resolutions of the same General Assembly, declar-
ing the inexpediency, at the present time, of the call of a
convention to amend the constitution of the United States,
in reference to questions of disputed powers, which have
arisen between any State of the confederacy and the
General Government ; — and approving the sentiments
expressed in the President's proclamation and message,
in relation to the doctrines of nullification and secession,
having been officially transmitted to me, I have now the
honor to present the same to the notice of the legislature

of this Commonwealth.

LEVI LINCOLN.

Council Chamber, March 12, 1833.

CHAP. LII.

Resolve on the Petition of Mary Knox.

March 12, 1833.

On the petition of Mary Knox, lately of the city ot
Boston, in the county of Suflfolk, in said Commonwealth,

PETITION OF MARY KNOX. 381

but now being in Suffield, in the county of Hartford, and
State of Connecticut, and for the reasons therein set forth ;
Resolved, That the said Mary Knox be, and she is
hereby, authorized and empowered to sell and convey, on
such terms, and for such price as she shall deem expe-
dient, and by public vendue or private sale, one undivided
seventh part of a certain tract of land, wharf and flats,
situate in said city of Boston, the whole thereof being
bounded, described, and measuring as follows, (viz.)
Easterly by the sea or salt water about thirty-five feet
six inches ; southerly in part on a dock, and partly on
the highway, two hundred and twenty-three feet ; west-
erly on land now or formerly of the heirs of Jeremy
Allen, Esq., deceased, forty-three feet six inches, and
northerly on a dock, two hundred and twenty-three feet,
and all flats, rights and privileges thereto belonging :
said wharf being the same formerly called Wentworth's
wharf, and more recently. Barret's wharf. Also, one
undivided seventh part of a certain other piece of land,
and the buildings thereon, adjoining the land above de-
scribed, the whole thereof being bounded and measuring
as foUov/s, (viz :) southerly on a passage way leading to
said wharf, thirty feet ; westerly on house and land for-
merly of Abigail Belcher, about forty-six feet ; northerly
on a passage way, twenty-four feet ; and easterly on the
land first above described, about forty-three feet, be said
measurements more or less, and all rights, easements,
privileges and appurtenances thereto belonging, — and all
the right, title and interest of said Mary Knox, in and to
the above described real estate, and every part thereof ;
and to make and execute good and sufficient deed or
deeds thereof to convey the same to the purchaser or pur-
chasers thereof, his or their heirs and assigns, in fee sim-
49

382 PETITION OF REUBEN CHILDS.

pie, free from all title and interest of her husband in or
to the same.

CHAP. LIII.

Resolve, making an Appropriation for the State Lunatic
Hospital at Worcester.

March 14, 1833.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, for the use of the State
Lunatic Hospital at Worcester, the sum of ten thousand
dollars, to be drawn from the treasury by the treasurer
of said hospital, 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 the
Council, is hereby authorized and requested to draw his
warrant on the treasury for the said sum accordingly.

CHAP. LIV.

Resolve granting Compensation to Reuben Childs, for
Revolutionary Services and Losses.

March 14, 1833.

Resolved, For reasons set forth in the petition of Reu-
ben Childs, of Conwayj in the county of Franklin, that
there be allowed and paid to him the sum of fifty dollars

MESSAGE. 383

and thirtj-five cents, in full compensation for his losses
and services in the war of the revolution ; and that a war-
rant be drawn therefor.

CHAP. LV.

To the Honorable Senate, and

House of Representatives.

The sentiments of the legislature of the State of New
York, expressed in a report of a joint committee of the
Senate and Assembly, and joint resolutions of the two
branches ; — and the sentiments of the legislature of the
State of Mississippi, declared in a preamble and resolu-
tions,— all having relation to the proceedings of the State
of South Carolina, in her recent convention, and, in the
most unequivocal and decided terms, dissenting from, and
reprobating the principles and measures of nullification
and secession, as wholly unauthorized by the constitution
of the United States, revolutionary in their tendency, and
subversive of the union and the government thereof, hav-
ing been officially communicated to me, with requests that
the documents might be submitted to your consideration,
they are, in respectful compliance, herewith laid before

you.

LEVI LINCOLN.

Council Chamber, March 18, 1833.

384 AMENDMENT TO THE CONSTITUTION.

CHAP. LVI.

Resolve for submitting to the People a proposed Article
of Amendment to the Constitution.

March 18, 1833.

Whereas the specific Article of Amendment hereafter
recited was proposed in the last General Court, as an
Amendment to the Constitution of this Commonwealth,
and was agreed to by a majority of the Senators and
two-thirds of the House of Representatives present and
voting thereon, and was thereupon entered upon the jour-
nals of the two houses, with the yeas and nays taken
thereon, and also referred to the present General Court,
and published, as by the said Constitution is required ;
and the same proposed Amendment having been agreed
to by a majority of the Senators, and two thirds of the
House of Representatives of the present General Court,
present and voting thereon, it has become the duty of
this General Court to submit the said proposed Amend-
ment to the People, in order that, if the said proposed
amendment shall be approved and ratified by a majority
of the qualified voters, voting thereon at meetings legal-
ly warned and holden for that purpose, the same may be-
come a part of the Constitution of this Commonwealth.

ARTICLE OF AMENDMENT.

" Instead of the Third Article of the Bill of Rights,
the following modification and amendment thereof is sub-
stituted.

As the public worship of God, and instructions in piety,

AMENDMENT TO THE CONSTII^UTION. 385

religion and morality, promote the happiness and pros-
perity of a people, and the security of a republican gov-
ernment ; — Therefore, the several religious societies of
this Commonvv^ealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that pur-
pose, shall ever have the right to elect their pastors or
religious teachers, to contract with them for their support,
to raise money for erecting and repairing houses for pub-
lic worship, for the maintenance of religious instruction,
and for the payment of necessary expenses : and all persons
belonging to any religious society shall be taken and
held to be members, until they shall file with the clerk
of such society, a written notice, declaring the dissolu-
tion of their membership, and thenceforth shall not be
liable for any grant or contract, which may be thereafter
made, or entered into by such society : — And all reli-
gious sects and denominations demeaning themselves
peaceably and as good citizens of the Commonwealth,
shall be equally under the protection of the law ; and no
subordination of any one sect or denomination to anoth-
er shall ever be established by law."

Resolved^ That the people shall be assembled for the
purpose aforesaid, in the city of Boston, and the several
towns and districts of this Commonwealth, respectively,
in meetings to be legally warned and held on the second
Monday of November next ; at which meetings, all the
inhabitants qualified to vote for senators or representa-
tives in the General Court, may give in their votes by
ballot for or against the said article of amendment. And
the same officers shall preside in the said meetings, as in
the meetings for the choice of senators and representa-
tives, and shall, in open meeting, receive, sort, count and
declare the votes of the inhabitants for and against the
said article of amendment; and the said votes shall be

386 PROCEEDINGS OF SOUTH CAROLINA.

recorded by the clerks of said city, towns and districts,
and true returns thereof shall be made out, under the
hands ^ the mayor and aldermen of the city of Boston,
and of;Jie selectmen or the major part of them, and of
the clefk of the said towns and districts respectively ;
and the said returns shall be sealed up, and delivered to
the sheriff of the county, within eight days after the said
meetings, to be by him transmitted to the office of the
secretary of the Commonwealth, on or before the first
Wednesday of January next ; or the said mayor and alder-
men and selectmen, respectively, shall themselves trans-
mit the same to the said office, on or before the day last
mentioned, in order that the same may be laid before the
General Court.

Resolved,, That a printed copy of these Resolves, in-
cluding the said article of amendment, and blank forms
of the returns of the votes on said article of amendment,
shall be transmitted, by the secretary of the Common-
wealth, to the mayor and aldermen of the said city of
Boston, and to the selectmen of the several towns and
districts of this Commonwealth.

CHAP. LVII.
RESOLVES

Relating to the Proceedings of South Carolina,

March 18, 1833.

The Special Joint Committee, to whom was referred,
among other things, that portion of His Excellency the
Governor's Message, relating to the subject of the pre-
amble, and resolutions, of the Legislature of South Car-

PROCEEDINGS OF SOUTH CAROLINA. 387

olina, proposing that a ^^ convention of the states should
be called, as early as practicable, to consider and deter-
mine such questions of disputed power as have arisen
between the states of this confederacy and the general
government,^^ have had the same under consideration,
and respectfully subnnit the following Report in part.

Upon the first presentment of the resolutions in ques-
tion, taken in connexion with the matter contained in
the preamble, with which they are introduced, your
Committee were considerably at a loss to determine
what should be regarded as being their precise scope
and object. The question occurred to them whether it
was the intention of the Legislature of South Carolina to
invite a Convention of the States, with a view to certain
specific amendments of the constitution of the general
government, in conformity with the provisions in the fifth
article of that instrument, or to assume the novel and
extraordinary ground that such a convention was neces-
sary or expedient, for the purpose, merely, of consider-
ing, and determining, in their sovereign capacity, cer-
tain questions of disputed power, which are supposed
to exist between that state more particularly, and the
government of the union.

With reference to this point, the committee were
naturally led, in the first place, to a consideration of the
very unusual manner, (in case an amendment of the
constitution, in conformity with the article alluded to,
were alone contemplated) in which the proposition is
submitted to the Legislature of Massachusetts.

Since the first organization of the federal govern-
ment, it has, as the committee believe, been the uni-
form practice of the legislature of a state, whenever
it has proposed to bring about any amendment or

388 PROCEEDINGS OF SOUTH CAROLINA.

change in the constitution of that government hy a con-
vention of the states, to specify, in their application to
other states, for cooperation and support in such a mea-
sure, the precise points wherein the existing provisions
of the system were supposed to be doubtful or insuffi-
cient, and the nature and extent of the correction pro-
posed to be applied. This form of ajiplication, which,
whether prescribed or not by the terms of the article
before referred to, would seem to be such as the nature
of the case lequires, appears, nevertheless, to have been
not inadvertently, but studiously, avoided by the Legisla-
ture of South Carolina on the present occasion.

In another particular, the novelty of the proposition
now submitted to this legislature, not as respects its
form only, but its matter and substance, is not less con-
spicuous. It is not proposed that a convention should
be called, with a view to any particular amendment, or
even, in general terms, to a revision of tlie constitution
of the general government, but that it should take upon
itself, when assembled, in a manner wholly unknown in
any existing provision of the federal compact, the office
of umpire, and sit in judgment on certain disputes which
are alleged to exist between a state or states and the
nation. It is believed by your committee, that, with the
exception of one solitary case of an analogous descrip-
tion, to which they may hereafter have occasion to
advert, for another purpose, but which, considering
the time of its occurrence, and the fate that awaited
it, they can hardly suppose would be relied upon as
affording the authority of a precedent, the proposition
now submitted is entirely unexampled in the history of
this government.

It is, at any rate, most manifest, that, if assented to
by the states, it would necessarily be attended with the

PROCEEDINGS OF SOUTH CAROLINA. 389

most fatal consequences to the union. If the principle
be sanctioned that, whenever a single member of this
confederacy, conceiving itself aggrieved by any, even a
questionable measure of the general government, shall
be permitted, first, to resist the measure, and then to
summon a convention of the w^hole, in order to consider
and determine the matter in dispute, it is easy to fore-
see what utter degradation of all the regular authorities
of the government, what scenes of anarchy and disor-
der throughout the land must inevitably and speedily
ensue. But it appears to your committee, that the pro-
position, in itself, is not more extraordinary than is the
sweeping assertion with which it is prefaced, and which
seems, indeed, to constitute the only grounds upon
which it is predicated. In the preamble to the resolu-
tions in question, it is declared " that serious causes of
discontent do exist among the states of this union, from
the exercise hy Congress of powers not conferred or con-
templated by the sovereign parties to the compact.''^ The
committee will not trust themselves to express, in terms
such as their feelings might prompt them to employ on
the occasion, the surprise, as well as the regret they
have experienced, at meeting with a solemn, deliberate
announcement like this, from the legislative body of a
respectable member of this union. Nor will they stop
to consider, how far, under almost any imaginable cir-
cumstances, it is consistent with that courtesy and comi-
ty, to say nothing of respect and confidence, which the
constituted authorities of the different states have hith-
erto been accustomed to manifest in their intercourse
with one another, and with the several departments of
the general government. In the view of your commit-
tee, the position here assumed, for it is unaccompanied
by any reserve or qualification whatsoever, amounts in
50

390 PROCEEDINGS OF SOUTH CAROLINA.

fact to nothing less than this, that both branches of the
legislative department of this nation, including of course
the chief executive, who must have sanctioned their
proceedings, have manifestly been guilty of a derelic-
tion of duty, a palpable abuse of power, while in the
pretended exercise of their official functions.

An imputation of so grave and serious a nature is not
indeed in so many words pronounced against them, but
as much as this is clearly implied by the whole tenor of
the document alluded to. If, according to the naked
assertion of the preamble, which is wholly unaccompa-
nied by any allowance for a possible error of judgment,
the Congress of the United States have, on any occa-
sion, been found to have exercised '•'■ poivers not confer-
red nor even contemplated by the parties to the federal
compact,''^ the inference would seem to follovv of course,
for all acts of a legislative body must be supposed to have
been the result of deliberation, that the outrage was per-
petrated knowingly, intentionally. Indeed, the com-
mittee have been reluctantly led to the conclusion, espe-
cially when taking into view the present communication
from the legislature of South Carolina, in connection
with the extraordinary measures antecedently adopted,
and still maintained by a majority of the people of that
state, in their convention, and in their halls of legislation,
that it was, in reality, their deliberate intention to pro-
nounce a sentence not less serious and severe than that
before supposed, against the legislative authorities of the
general government. It is, as your committee, from a
due consideration of all the circumstances of the case, are
constrained to believe, principally, with a view to the
confirmation or the reversal of this sentence, that the
invitation is now given to Massachusetts, to unite in
summoning a convention of the states. In this connec-

PROCEEDINGS OF SOUTH CAROLINA. 391

tion, it may be useful to notice, very briefly, the grounds
on which, not the leading politicians only, but the high
functionaries in the government of South Carolina, have
attempted to justify the extraordinary proceedings that
have been adverted to. It has been promulgated as one
of the first and fundamental principles in their new theory
of the federal government, that not one jot or tittle of the
sovereignty of any state was surrendered or compromised,
in any manner, at the formation of the union. That a
state has a right of course to be its own interpreter of
the laws of the general government, and to be the judge
in the last resort of their validity. That, whenever a
state, in its sovereign capacity, shall be pleased to pro-
nounce that the congress of the United States have, in
regard to any of their enactments, transcended the author-
ity delegated to them by the constitution, all such acts
must thenceforth, so far at least as concerns the citizens
of such state, be considered as utterly void and ineffectual.
Furthermore, it is contended, that a declaration, of the
kind above mentioned, is not only binding upon all with-
in the jurisdiction of the disaffected state, but conclusive
also, for the time being at least, against all the authorities
of the general government. From this novel and most
extravagant doctrine, it results as a consequence, that an
act of the highest legislative authority of this nation,
whatever may be its scope or object, or however urgent
in reference either to the foreign or internal affairs of the
whole people may have been the cause of its adoption,
must, when thus brought into question, remain as it
were in abeyance, at the commandment of a single state.
In other words, that the vast and complicated machinery
of the national government shall be made to stand still,
until a grand convention of twenty-four independent,
contending sovereignties, if so many should be pleased

392 PROCEEDINGS OF SOUTH CAROLINA.

to assemble on the occasion, shall have considered and
determined the question of its validity.
. Such, in substance, appears to be the theory of reform
which has recently been promulgated, and is still main-
tained by the constituted authorities of South Carolina ;
and your committee is constrained to believe that it is,
with a reference to this system, and to a consummation
of the very extraordinary course of procedure therein
contemplated, that the proposition for a convention of
the states is now submitted to this legislature. The
committee conceive that it would be a very useless ap-
propriation of time, especially as the whole subject matter
involved in the late extraordinary proceedings of South
Carolina is already entirely fam.iliar to the community,
were they to proceed any further, on a course of reason-
ing, in order to demonstrate the utter fallacy and imprac-
ticability of the doctrines here adverted to ; or to dwell
longer in contemplating the consequences in which,
should they be sustained, they must naturally and neces-
sarily involve the peace and safety of the Union. Their
tendency, it is conceived, is quite too obvious to require,
or even to admit of argument or illustration. They
manifestly go to resolve at once our present glorious
system of national government into its original elements,
and would leave, not for the present generation, but for
posterity, the fearful, if not utterly hopeless task, of
building some frail and miserable fabric upon its ruins.

In fine, your committee are unanimously of the opinion,
that, upon any such grounds, or for any such reasons as
those which are set forth in the said Preamble and Reso-
lutions, according to the construction thus given to them,
it would be wholly inconsistent with the honor and the
dignity of this Commonwealth, to accede to the call of a
convention of the states, for the purposes therein specified.

PROCEEDINGS OF SOUTH CAROLINA. 393

But secondly, in case your committee have been so
unfortunate, in regard to the beforementioned particulars,
as to have misinterpreted the import and intent of the
communication from the legislature of South Carolina ;
if, contrary to the construction now assumed, its real
intention was to invite the co-operation of Massachusetts
in the call of a convention of the states, with a view to
some legitimate amendment of the constitution, in con-
formity with the existing provisions of the instrument,
the committee are, nevertheless, entirely agreed in the
opinion, that there are, in truth and in fact, no such
causes existing, as would justify, even for such a purpose,
(especially during the present irritable state of feeling
among the people of several states of the Union) a resort
to a measure so unusual and extraordinary. Unless
some one or two discontented states in this Union,
should, by reason of their pre-eminence in virtue and
patriotism, be considered as justly entitled to the distin-
guishing appellation of " the States of this Union,^^ the
committee cannot assent to the position which is laid
down in the sweeping language of the preamble to the
resolutions from South Carolina, that there are, in fact,
existing serious causes, or any just causes whatever,
whether serious or trivial, of discontent among " the
States of this Union ; much less are the committee pre-
pared to sanction the yet more extravagant assertion, that
if discontents of any kind, or to any extent, do, in fact,
exist, " they have arisen from the exercise, by Congress,
of powers not co7if erred, or contemplated, by the sovereign
parties to the Federal Compact. ^^

It is indeed true, that within the period of the last two
or three years, one of the states of this Union has seen
fit to proclaim aloud, throughout the land, her displeasure
on account of certain prominent measures of the general
government.

394 PROCEEDINGS OF SOUtH CAROLINA.

She has been pleased to assign, as the cause of the
discontent, that the highest legislative authority of the
nation had assumed to itself the exercise of unwarranta-
ble and exorbitant power ; and, on this ground, has, at
length, placed herself in the attitude of open defiance of
the constitution and the laws of the land.

It is not less true, however, that whatever of sympathy
or commiseration may have been expressed or felt, by
any, for the errors and delusion of a much beloved, but
wayward associate in the political faniily, not a single
other state in this Union is united with her in sentiment,
either as to the legal grounds of her complaint, or the
propriety of the measures to which slie has seen fit to
resort for redress. On the contrary, in relation to both
the one and the other, the voice of nearly the whole peo-
ple, in their primary assemblages, in their halls of legis-
lation, and every where throughout the land, has been
heard, in a tone not of expostulation only, but of severe
censure and reproof, to pronounce its decision against
her.

In the opinion of your Committee, a convention of the
States cannot now be necessary to consider the validity
of that decision, or to add any new provisions to those
already existing in the Federal Compact, with the view
of preventing a recurrence of similar discontents among
the States, in future.

It is now nearly half a century since the present ad-
mirable system of government first came from the hands
of the illustrious statesmen and patriots by whom it was
framed. Its theory, conceived as it would now seem to
have been almost by the power of superhuman intelli-
gence, has been found, in experiment, in its wonderful
adaptation to all the various and complicated concerns
of this great and growing nation, not only to have equal-

PROCEEDINGS OF SOUTH CAROLINA. 395

led, but greatly to have transcended, the most sanguine
hopes and expectations of the country.

In peace and in war, throughout all the trials and
vicissitudes to which the nations, as well as individuals,
in this imperfect state of being, are necessarily subjected,
its original principles, as they were at first established
and understood by the people, have to this day, remain-
ed without essential change or variation- — unpolluted,
undisturbed. Indeed, the members of the Committee
are solemnly impressed with the conviction, that next to
the superintending agency of a wise and beneficent
Providence, which seems from the first to have watched
over the destinies of this much favored people, it is to
this same system of civil Government, and to the mild,
but firm and undeviating manner in which its principles
have, for the most part, been maintained and adminis-
tered, that we are chiefly indebted for the general, nay,
almost universal prosperity which is now seen and felt
in every part of this wide spread nation. It is this, as they
verily believe, which, under the smiles of Heaven, has
been the means of elevating these States from their once
confused and imbecile condition, to that distinguished
station which they now occupy among the proudest and
most powerful nations of the world.

In the Constitution of a Government framed with
such wisdom, which has been thus tried and proved, and
found to have been attended with such happy results, it
surely would not be the part of prudence or good policy
to attempt, on any light occasion, or indeed in any case
but one of the most imperious and urgent necessity, a
fundamental change of any kind. It is the opinion of
your Committee, that in the complaints lately put forth
by the State of South Carolina, there is nothing, when
their real causes are fairly and fully investigated, that

396 PROCEEDINGS OF SOUTH CAROLINA.

can be supposed to amount to the presentment of an
exigency of this latter description.

Nor do the Committee beheve that a revision of the
Federal Constitution, by a Convention of the States,
would at this time be useful, much less that it can be
necessary, as has of late been sometimes alledged, or
pretended, with a view to some more clear and exact
definition than is to be found in the existing provisions
of that instrument, in relation either to the legitimate
boundaries of jurisdiction between the General and the
State Governments, or to any of the powers or immuni-
ties which these high parties respectively have hitherto
been accustomed to claim or enjoy.

It was not unforeseen by the illustrious framers of the
Federal compact, nor by the intelligent people who
adopted it, that, in the vetyiiature of things, such ^^ques-
tions of disputed power,'''' (to use the language of the
South Carolina resolutions,) would be likely to arise in
the course of its operation. They were doubtless well
aware also, that it was not in the power of any human
wisdom or forecast, or indeed of any thing less than the
intelligence which belongs alone to the Omniscient, to
devise a system of government for a nation like this,
that should be forever exempt from such doubts and
exceptions as the ingenuity or ambition of men might
suggest, especially in times of party zeal or excitement.
Differences of this kind in political opinion, and the col-
lisions which sometimes spring from them, should be re-
garded as the natural, perhaps necessary incidents of all
free institutions ; as constituting in fact that portion of
alloy which, by the ordination of Providence, seems to
have been mingled with all our best comforts and bles-
sings, and without which we could not have been per-
mitted to enjoy the blessing of civil liberty, which is more
precious in our estimation than all others.

PROCEEDINGS OF SOUTH CAROLINA. 397

But it is believed that the testimony of all history will
demonstrate that such difficulties have been of less fre-
quent occurrence, and attended with much less serious
consequences, in this than in any other Government par-
taking in any degree of the republican form, which has
existed on the face of the earth. It was, at any rate,
precisely with a reference to these natural and necessary
consequences of the freedom of all our political institu-
tions, that the grand conservative principle, which is
found in the Judiciary department, was deeply implanted
in the system ; that a high tribunal was appointed to
stand, as it were, by the very tenure of its office, as well
as by the peculiarity of its attributes in other respects,
separate and distinct from all other departments of the
Government. That to this tribunal was confided the
great business of interpreting the Constitution and the
laws, and of performing the high office of arbiter, in the
last resort, of all questions " of disputed power^^ that
might arise in the course of their administration. -It is,
in the opinion of the Committee, no more than a tribute
justly due to the character and conduct of this distin-
guished tribunal, as well as to the wisdom and forecast
of the illustrious statesmen who provided for its organi-
zation, to pronounce that it has hitherto fulfilled most
faithfully and effectually the great purposes of its ap-
pointment.

It must be admitted, indeed, that, in the course of a
series of years, during which the system has been in
operation, a few isolated instances of insubordination,
not only among considerable masses of citizens, but ex-
tending, even, to the constituted authorities of whole
States, have been known to exist, which seemed, at first,
too mighty to be controlled by the mild and peaceable

operation of the principle alluded to ; but, happily, for
51

398 PROCEEDINGS OF SOUTH CAROLINA.

the peace and honor of the country, the Constitution
and the laws have hitherto, in all such cases, eventually
triumphed. The Committee, here, feel a degree of
pride as well as pleasure, from having an opportunity to
unite their humble voice with that of a late distinguished
Commentator, who had, perhaps, as much to do, as any
other mortal, now living or dead, in the original forma-
tion and subsequent administration of our present system
of government, in the declaration that, " with few excep-
tions, the course of the Judiciary has, hitherto, been sanc-
tioned by the predominant sense of the nation.^^

If, in relation to this particular branch of the subject,
any thing further were wanting in confirmation of the
opinions which are entertained by every member of the
Committee, they would beg leave to invoke to their aid,
and indeed to adopt as their own, the sentiments that
were once expressed by the authorities of another lead-
ing State of this Union in a case corresponding, essen-
tially, in its character, and in fact almost entirely analo-
gous in its circumstances, to that which is now present-
ed for consideration.

The Committee, here, allude to the proceedings of the
Legislature of Virginia, some thirty years ago, when a
proposition vv^as submitted to them by the government of
a neighboring State, then, the largest, and most influen-
tial member of the confederacy, for an amendment of
the Constitution of the United States, by providing for
" the appointment of an impartial tribunal to decide dis-
putes between the State and Federal Judiciary'''' ; in other
words, a tribunal, in relation to which, the one, now es-
tablished by the Constitution, should become a mere
subordinate and dependent. It would be foreign from
the purpose of the present inquiry, and serve only to
revive the remembrance of scenes, which, for the honor

PROCEEDINGS OF SOUTH CAROLINA. 399

of the country, should rather be permitted to pass silent-
ly to oblivion, and, if possible, be obliterated from the
history of this government, were the Committee to at-
tempt to detail the reasons, or rather pretexts, which
were urged as the grounds of this extraordinary, and, at
that time, wholly unprecedented proposal, on the part
of the great State that has been alluded to.

It is sufficient for us to know, that it was a case in
which the highest authorities of one of the States of this
Union were seen in hostile array, on the very verge of
open insurrection, against the Judicial power of the na-
tion ; and which, but for a returning consciousness of
error and delusion, on the one side, and a firm, undevi-
ating perseverance in the execution of its high duties, on
the other, must inevitably have involved the country in
all the complicated horrors of civil war.

But, happily for the nation, the pretensions and the
project of the disaffected State received no countenance
from the State of Virginia. Her response, on the occa-
sion was precisely such as might reasonably have been
anticipated from the intelligence and pure patriotism of
such men as are known to have presided, at that day, in
the councils of that much distinguished Commonwealth.

" It was, among other things, unanimously resolved by
both Branches of their Legislature, that, in their opinion,
there was a Tribunal already provided by the Constitution
of the United States, to wit, the Supretne Court, more em-
inently qualified, from their habits and duties, from the
mode of their selection, and from the tenure of their office,
to decide the disputes aforesaid, in an enlightened and im-
partial manner, than any other Tribunal which could be
erected.''^

Such, to the very letter, was the magnanimous decla-
ration of Virginia, when, by reason of an unpopular,

400 PROCEEDINGS OF SOUTH CAROLINA.

judicial decision, (in the celebrated Olmstead case of
Pennsylvania) she was invited to co-operate in an at-
tempt to break up the existing foundations of the Judi-
ciary Department of our Government. The example
thus presented to us is worthy of all praise, and of imita-
tion ; and it surely is of not the less authority, from the
cic^Ajmstance of being holden up to us by a member of
^this Union, which, whatever may at any time have been
said or thought of its political character, in other re-
spects, has, it is believed, never been suspected of any
deficiency of zeal, or devotedness to the cause of State
rights, or the protection of its own dignity and sove-
reignty.

The committee will not attempt, by any further com-
mentary of their own, to give to this precedent addi-
tional strength or weight.

In fine, upon a mature and deliberate consideration
of the whole subject submitted to them, the committee
have unanimously agreed to recommend to this Legisla-
ture, the adoption of the following Resolves.

For the Committee,

GEORGE BLAKE.

Whereas, the Governor of the State of South Carolina
did by his communication, under date the fifth day of
January last past, transmit to His Excellency the Gov-
ernor of this Commonwealth, copies of a certain pre-
amble, and resolutions connected therewith, recently
passed by both branches of the Legislature of the said
first mentioned State, with a request that the same
might be laid before the Legislature of this Common-
wealth ; in which said preamble and resolutions, it is

PROCEEDINGS OF SOUTH CAROLINA. 401

set forth that " serious causes of discontent do exist
among the States of this Union from the exercise, by Con-
gress, of powers not conferred or contemplated by the sove-
reign parties to the compact ; and resolving, therefore, that
it is expedient that a Convention of the States be called, as
early as practicable, to consider and determine such ques-
tions of disputed power as have arisen between the States
of this Confederacy and the General Government^

And whereas, His Excellency the Governor of this
Commonwealth hath, in pursuance of the said request,
submitted to the consideration of this Legislature, the
preamble and resolutions aforesaid : Therefore

1 . Resolved, by the Senate and House of Representa-
tives of the Commonwealth of Massachusetts, in General
Court assembled, That the Legislature of this Common-
wealth do not recognize the existence, at this time, of
any serious causes of discontent, among the States gen-
erally, of this Union, or in any one of them ; much less,
can they admit that, if any such discontents do, in fact,
exist, they have arisen from the exercise by Congress of
powers not conferred or contemplated by the sovereign
parties to the compact, as is asserted in the before men-
tioned communication from the Legislature of South
Carolina.

2. Resolved, That there is, already, existing, under
the Constitution of the United States, a proper and
competent tribunal, namely, the Supreme Court of the
United States, who are invested with sufficient power,
and authority ; who are eminently qualified, and to
whom it constitutionally belongs, to consider and deter-
mine " the questions of disputed powcr,^^ and all other
matters of controversy which are referred to in the said
preamble and resolutions : Therefore

402 REPAIRS OF STATE HOUSE.

3. Resolved, That the Legislature of this Common-
wealth do not accede to the proposition of calling a
Convention of the States for the purposes therein ex-
pressed, OT for any other purpose whatsoever.

4. Resolved, That His Excellency the Governor be
requested to transmit a copy of these resolves, together
with the report which accompanies them, to the Presi-
dent of the United States, the Governors of all the
States, and to each of the Senators and Representatives
of this Commonwealth in Congress.

CHAP. LVIH.

Resolve authorizing Repairs of the State House and State
:§. House Yard.

March 19, 1833.

Resolved, That the committee on public buildings, on
the part of the House of Representatives, be directed to
cause the Offices of the Treasurer and Secretary of the
Commonwealth, the lobbies of the State House, and
the stairways leading to the galleries and dome, to be
repaired, painted, and whitewashed ; to erect a fire
proof closet in the office of the Treasurer ; to furnish
such additional furniture for the office of the Secretary
as may be requisite ; and to cause such repairs to be
made in the flagging of the State House yard, as may
be found to be necessary. That said committee shall
present the accounts for the above mentioned repairs to
the treasurer for allowance, and that a warrant be drawn
therefor.

PET. OF MARY THOMAS.— MESSAGE. 403

CHAP. LIX.

Resolve in favor of Mary Thomas, Widow of Philip
Thomas, formerly of Topsfeld, in the County of Essex.

March 19, 1833.

Upon the petition of Mary Thomas, setting forth the
services of her husband, Philip Thomas, during the rev-
olutionary war, her extreme old age, and destitute situ-
ation ;

Resolved, That for the reasons set forth in said peti-
tion, the sum of one hundred dollars be paid out of the
treasury of this Commonwealth to Mary Thomas afore-
said, and that a warrant be drawn therefor.

CHAP- LX.

To the Honorable Senate :

A Bill entitled " An Act to incorporate the Proprie-
tors of the Second Baptist Meeting Houj^e in Lowell,"
was yesterday laid before me, for my approval, which,
feeling myself constrained to withhold, I now return the
same, with my objections thereto, to the Senate, where
it appears to have originated, for revision, pursuant to
the provisions of the Constitution.

The first Section of the Bill proposes to constitute
certain persons, by name, with their associates and sue-

404 MESSAGE.

cessors into a Corporation by the name of the Proprie-
tors of the Second Baptist Meeting House in Lowell,
with power to acquire and manage real and personal es-
tate, not exceeding in value Twenty thousand Dollars. Tn
the second section, it is provided, that the Corporation
may divide their estate into shares, as their by-laws shall
direct, and may make on such shares assessments not
exceeding one hundred dollars, on each share, and au-
thorizes a sale of the shares of delinquent Proprietors,
who shall neglect or refuse to pay their assessments.
The number of shares is no otherwise restricted, than by
the aggregate amount of funds, which the Corporation
is permitted to possess. There is no where to be found
in the Bill, any limitation of the uses to which this pro-
perty is to be applied, or any indication of the descrip-
tion of Estate which the Corporation may hold. Indeed,
otherwise than by the name given to the Corporation,
and which neither defines, nor can control its powers,
there is nothing to designate its intended character,
or distinguish it from a monied, manufacturing, or other
business Institution. Taken in all its provisions, it is,
in effect, neither more nor less than a broad and bald
authority to certain persons to " acquire and manage,''''
with the facilities of an Act of Incorporation, property
to the amount of Twenty Thousand Dollars, raised by
assessment, divided and held in shares, and to be disposed
of at pleasure. In stating this position, it can hardly be
necessary to remark, that the title of the Bill, which
seems to imply that the persons proposed to be incorpo-
rated are Proprietors of a Meeting House, is no part
of the enactment, nor need it be repeated, that the name
by which a Corporation is created, has little to do in
regulating its operations. If it was designed to consti-
tute a Corporate Body for religious purposes, the Bill

MESSAGE. 405

departs from the technical and definite phraseology, by
which that design of the Legislature is usually mani-
fested. The reference which is had in the Bill to the
powers and requirements contained in an Act concern-
ing Corporations, applies only to those powers which
respect the organization of such Bodies, and are made
common to Corporations of every description, where
special and different provisions are not prescribed.

Holding, therefore, as I do, that if the Bill should
pass into a Law, the Corporation thereby created, would
be competent to acquire, hold and manage Estate, real
and personal, to the extent of Twenty thousand Dollars,
wholly unrestrained in its uses, by the Statute, and be-
lieving that in grants of this description, it must be the
intention of the Legislature to direct the application of
the funds, I respectfully submit these considerations, as
objections, both to the expediency and propriety of the
form of the present enactment.

A particular matter, certainly, of this minor impor-
tance, might hardly seem to warrant me, in claiming for
it so much of your attention. But I cannot forbear to
avail myself of the opportunity which the objection to
this Bill creates, to express also my apprehensions of
future embarrassment from the facility and frequency
with which Corporate powers are granted. The effect
is to destroy individuality of interest, and to accumu-
late masses of property in aggregate Bodies ; to con-
vert substantial freeholds, into mere securities for trans-
ferable paper, or by locking up property from private
disposal in the funds of another class of Corporations,
to induce to a reliance for the accomplishment of ordi-
nary purposes upon public provisions, rather than the
results of personal industry and exertion. Whenever
large Capital and combined means are required to effect
52

406 GENERAL INDEX, &c.

great objects, whether of business or moral improve-
ment, they may most effectually be secured under acts
of incorporation. To such purposes, and to a wide
range of interests, these legal facilities, doubtless, may
be judiciously, if they are not of necessity, accorded.
But they must be limited in their application, by some
rules of public policy. And I humbly and earnestly ap-
peal to the consideraiion of the Legislature, at least, as
some guard against abuses of the authority conferred,
th?t in every act of incorporation which their wisdom
may sanction, the object of the grant, whatever it may
be, shall be made manifest, and the powers which are
to be exercised, either expressly, or by distinct refer-
ence, be clearly and precisely defined.

LEVI LINCOLN.

Conncil Chamber, March 20, 1833.

[Note The above Message having been read in the Senate, and the ques-
tion being taken, whether the Bill entitled « An Act to incorporate the Pro-
prietors of the Second Baptist Meeting-house in Lowell," shall pass not-
withstanding the objections of the Governor, there was one yea; and there
were nineteen nays ; so said bill was rejected.]

CHAP. LXL

Resolve to pay for making a General Index of the Jour-
nals of the Senate,

March 20, 1833.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth to Charles Calhoun,

AUDUBON'S BIRDS OF AMERICA. 407

Clerk of the Senate, for his labor and services in prepar-
ing a General Index of the Journals of the Senate, from
the adoption of the Constitution, in pursuance of an
Order of the Senate of March 1st, 1831, four dollars per
day for each and every day during which he has been,
or shall be actually employed in said service during the
recesses of the Legislature. And His Excellency the
Governor with the advice of the Council, is requested to
draw his warrant accordingly.

CHAP. LXH.

Resolve authorizing the purchase of a copy of AuduhorOs
Birds of Atnerica, for the Library of the General
Court.

March 22, 1833.

Resolved, That the Committee on the Library, pro-
vided they shall deem it expedient, be, and they hereby
are authorized to purchase for the same a copy of the
work entitled " The Birds of America," by John James
Audubon of Louisiana, and that His Excellency the
Governor be, and he is hereby authorized to draw his
warrant on the Treasury for such sum or sums as may
be necessary to defray the expense of said purchase :
provided the same shall not exceed the sum of eight
hundred dollars.

408 MESSAGE.

CHAP. LXIII.

To the Honorable Senate, and

House of Representatives ;

It becomes my duty to inform the Legislature, that
Major General Benjamin King of the Fifth Division has
resigned and been honorably discharged from his Com-
mission.

LEVI LINCOLN.

Council Charnber,

March 23, 1833.

CHAP. LXIV.

To the Honorable Senate, and

House of Representatives ;

The proceedings of the Legislatures of the States of
Maine and of Alabama, respectively, in relation to the
principles assumed, and measures adopted by South
Carolina, on the subjects of the Tariff, and the constitu-
tional powers of the General Government, having been
officially communicated to me, for the information of
the government of this Commonwealth, I herewith trans-
mit the documents which I have received, to the Legis-
lature.

LEVI LINCOLN.

Council Chamber,
March 23, 1833.

MESSAGE. 409

CHAP. LXV.

To the Honorable Senate, and

House of Representatives ;

I submit, for your advice and disposal, a communica-
tion from His Excellency the Governor of Maine, with
accompanying Resolutions of the Legislature of that
State, relating to the payment of a balance retained
from the money received from the United States on ac-
count of the Claim, to meet the expenses of the agency,
in its prosecution. The circumstances which probably
gave rise to these proceedings, will be fully explained,
by reference to a communication on the same subject,
which I had the honor to submit to the Legislature of
the last year, and to a Report of a Committee of the
Senate thereon, which were published, and will be found
on the files and with the documents of that session.

The services of General King in aid of the Claim, by
his agency under the appointment of the Executive of
Maine, having been heretofore recognized by this Gov-
ernment, 1 recommend that provision should be made
for refunding to that State so much of the sum men-
tioned in one of the accompanying Resolutions, as has
been paid to him on that account, to be charged to the
balance now remaining of the joint fund. The persist-
ance of Maine, after the explanations which have been
frankly and repeatedly offered, in the demand for a dis-
tribution of the whole money received, without any
deduction for expenses necessarily incurred, for the
common benefit, in obtaining any allowance of the
Claim, cannot but excite equal surprise and regret. It

410 MESSAGE.

is, or might be satisfactorily known to the government
of that State, that the auditing of the accounts is now
being diligently attended to, in the Department of War,
under the special agency of a distinguished gentleman
of this Commonwealth, and that further charges must
be indispensable to the command of his valuable and
acceptable services. A small balance only of the money
heretofore received, has been retained to meet these
charges, and the most explicit assurances have been
given, that this would faithfully be accounted for, agree-
ably to the intention of the act of separation, whenever
the business was closed. At the same time, a statement
of the expenditures which had been incurred, was for-
warded for the information of our sister State.

Independent of the manifest justice and propriety of
placing the necessary expenses of prosecuting a joint
claim, to the joint account, the government of Maine
have expressly recognized the right, in this instance, so
to do, by a formal Resolution heretofore passed, request-
ing that the very services of General King, which are
made the occasion of the present demand, should be
paid and charged, in such manner, by Massachusetts.
I need not remind you that this would have been done,
but for an incidental difficulty in adjusting his account,
which induced to its being voluntarily withdrawn.

LEVI LINCOLN.

Council Chamber, March 23, 1833.

RESOLUTIONS OF GEORGIA. 411

CHAP. LXVI.

RESOLVES

On the Resolutions of Georgia, proposing a Convention
of the People to revise the Constitution of the United
States.

March 23, 1833.

The Joint Select Committee, appointed to consider the
Resolutions of the Legislature of Georgia, proposing
a Convention of the People of the United States, for
the Amendment, in various respects, of the Constitu-
tion, and also so much of the Governor's Special
Message as relates thereto, have attended to the duty
assigned them, and ask leave to submit the following
Report.

The Resolutions of the State of Georgia propose to
the other States of the Union the call of a Convention
of the People, in conformity with the provisions of the
fifth article of the Constitution, for the purpose of defin-
ing and making certain that instrument in regard of
certain questions of disputed power, and for the purpose
of altering it in other respects, wherein it needs amend-
ment, in the opinion of the Legislature of Georgia. In
the Preamble to their Resolutions, they premise that
" throughout the United States there exist many contro-
versies, growing out of the conflicting interests which
have arisen among the people since the adoption of the
Federal Constitution, — out of the cases in which Con-
gress claims the right to act under constructive or im-

412 RESOLUTIONS OF GEORGIA.

plied powers, — out of the disposition, shown by Con-
gress, too frequently to act under assumed powers, — and
out of the rights of jurisdiction, either claimed or exer-
cised by the Supreme Court," — all of which controver-
sies, they allege, have a tendency to produce discon-
tent and disaffection among the citizens of the United
States, and ultimately to bring about a dissolution of the
Union ; and upon these premises they conclude that ex-
perience has " clearly proved" the Constitution to need
amendment in thirteen distinct particulars, which they
proceed to set forth specifically, as the basis of their
Resolutions. Your committee propose briefly to remark
upon the several portions of the Preamble to the Reso-
lutions, and in so doing they will have explained the
grounds of the Resolves, which they offer to the consid-
eration of the Senate and House of Representatives.

Your committee do not pretend to deny that " con-
troversies" exist in some parts of the Union, " growing
out of the conflicting interests, which have arisen among
the people since the adoption of the Federal Constitu-
tion." Such controversies, and such sources of contro-
versy, are inseparable from the very existence of politi-
cal society, and belong to the practical operation of
every system of government in every country. They are
not such as any modifications of the present Constitution
could remove, or any prescribed form of fundamental
law prevent. Of course, whatever may be the extent,
nature, degree, or tendency of controversies of this de-
scription, they do not seem to your committee to aflford
any argument in favor of the call of a Convention.

And whatever controversies may have arisen out of
" the cases, in which Congress claims the right to act
under constructive or implied powers," your Committee
conceive that still less can such cases be admitted to

RESOLUTIONS OF GEORGIA. 413

render the call of a Convention necessary or expedient.
Prior to the time when the people of the United
States adopted the Constitution, they possessed, either
in themselves individually, or in their respective state
governments, all the powers of sovereignty. That Con-
stitution consists in part of a specification of powers,
whereof the people saw fit to divest themselves or the
States, in order to concede them to the government of
the United States ; and it is manifest that, according to
the settled principles of constitutional jurisprudence, the
Union cannot rightly claim any powers, other than such
as are bestowed upon it by the Constitution. What
those powers are, and what their extent, are in them-
selves essentially questions of construction, that is, of the
legal meaning and effect of the terms of the instrument.
Whether it shall be construed liberally, or whether it
shall be construed strictly, — or whether neither liberally
nor strictly, if there be any middle course, — still at any
rate it must be construed in some way ; and the force
of any grant, in respect of the powers conveyed by it
either expressly or impliedly, is and must forever con-
tinue to be a question of construction. That construc-
tion is a process of definition, dependant upon the same
rules of law, philology, and common sense, which settle
the construction of other instruments ; and if any doubts
arise thereon, the Constitution itself provides for the
mode by which such doubts are to be removed, namely,
by means of the Supreme Court of the United States.
To assemble a convention for the purpose of making
such construction, would not only be contrary to the
tenor of the Constitution itself, but would serve to de-
feat its own object, because every definition or explana
tion, which a Convention shouldunder take to give, con-
cerning questions which now exist, would of necessity
53

414 RESOLUTIONS OF GEORGIA.

furnish the materials of new questions, just as difficult
to decide as the old ones, and just as much requiring
the interposition of a convention. Your Committee
are of opinion that the Constitution, as it stands, is a
model of clear, exact, intelligible specification and limi-
tation, admirable for the distinctness of its language,
remarkable as well for legal precision of expression, as
for the profound political wisdom which characterizes it ;
and they have no hopes that in these respects it could be
improved as a whole by the labors of a new convention.

Your Committee, with all due respect for the Legisla-
ture of Georgia, feel bound to say they are not conscious
that Congress has frequently shewn a disposition " to act
under assumed powers," — provided the Legislature of
Georgia understand by those words what alone the Com-
mittee can understand by them, — powers not conferred
by the Constitution. Congress acts on the people
through the medium of legislation, and it cannot so act
without the concurrence of the Executive ; and the rules
of conduct which Congress and the Executive conjointly
prescribe in the form of laws, are subject to the revision
of the Judiciary, by whom their constitutionality, and of
course their validity, is to be judged. Your Committee
deem this mode of redress amply sufficient, in the ordi-
nary course of affairs, to protect the people against the
actual exercise of usurped powers ; and they are wholly
at a loss to perceive how a convention could govern and
control the disposition of any future Congress.

The Supreme Court, in the judgment of your Com-
mittee, neither claims nor exercises " any rights of juris-
diction" not vested in it by the Constitution. They are
persuaded, on the contrary, from careful observation of
the judgments of that august tribunal, that it has ever
manifested a becoming diffidence of its own powers, a

RESOLUTIONS OF GEORGIA. 415

disposition to act strictly within tiie prescribed bounda-
ries of its constitutional functions, and a conscientious
deference for the reserved rights of the States.

Your Committee are constrained to say thus much in
reference to the premises laid down by the Legislature
of Georgia, because the Committee cannot admit them
to be sound, in any view of which they seem to be justly
susceptible, as alleged inducements to the call of a Con-
vention, or even as any genuine or adequate causes of
such discontent among the people, as should menace
the safety of the Union. And while the Committee deny
that these general considerations afford any motives to
constitutional action, they equally deny that past " ex-
perience" proves the necessity of altering the Constitu-
tion in the manner proposed by the state of Georgia.

The Legislature of Georgia seeks " amendment" of
the Constitution, —

" First, That the powers delegated to the General
Government, and the rights reserved to the States or to
the people, may be more distinctly defined."

The Committee have already remarked upon this
point, which is purely a matter of judicial construction,
not of fundamental legislation by the agency of a Con-
vention.

" Secondly, That the power of coercion by the Gene-
ral Government over the States, and the right of a State
to resist an unconstitutional act of Congress, may be
determined."

Your Committee conceive that these points are " deter-
mined" already by the Constitution, The people of the
several States have bestowed certain specified powers
upon the General Government, and all the citizens of
the Union, whether acting individually as men, or collec-
tively through the intervention of the constituted author-

416 RESOLUTIONS OF GEORGIA.

ities of a State, are alike bound to yield obedience to the
General Government within the limits prescribed by the
Constitution. If Congress, or the Executive, overleap
those limits, the Judiciary affords the means of immediate
redress ; and the people, in the exercise of their func-
tions as electors, can provide new depositaries of the
legislative and executive power ; and if these remedies
fail, and the public abuse and usurpation be of adequate
magnitude to warrant recurrence to ultimate means of
relief, there remains the right of revolution and of armed
resistance. These principles, sufficiently clear in them-
selves, have already been acted upon by the Legislature
in their decision upon the proceedings in South Carolina,
and do not require any further elucidation ; and your
Committee will only add that this subject of amendment,
like the preceding, is also matter of judicial definition,
not of constitutional organization.

" Thirdly, That the principle involved in a tariff for
the direct protection of domestic industry may be set-
tled."

Your Committee have only to refer, on this point, to
the opinions heretofore expressed by the Legislature upon
the constitutionality of protective tariff regulations, and
to add that this also is a question of definition or con-
struction.

" Fourthly, That a system of federal taxation may be
established, which shall be equal in its operation upon
the whole people, and in all sections of the country."

Your Committee, knowing that Congress has power
to lay and collect taxes, duties, imposts and excises, do
not perceive any cause, in the history of the country or
the nature of the subject, for taking away that authority ;
and they are not aware of any useful object to be attain-

RESOLUTIONS OF GEORGIA. 417

ed by subjecting this part of the Constitution to revision
by a Convention.

" Fifthly, That the jurisdiction and process of the Su-
preme Court may be clearly and unequivocally settled."

Your Committee are of opinion that the jurisdiction
of the Supreme Court, extending to all cases in lavi^ and
equity arising under the Constitution, laws, and treaties
of the Union, and to various other classes of cases de-
scribed in the constitution, is therein defined with com-
prehensive precision, so far as it can be defined by means
of language. Its process is matter of legislation, within
the powers of Congress, and there is no need of the ac-
tion of a Convention upon that point. And although
an amendment of the Constitution might grant new
powers to the Supreme Court, or abstract from it
povt^ers which it now possesses, the Committee do not
perceive how its jurisdiction could be any more 'clearly
and unequivocally settled' by a Convention.

" Sixthly, That a tribunal of last resort may be organ-
ized to settle disputes between the General Government
and the States."

Your Committee conceive such an object to be entire-
ly impracticable ; and moreover, to be quite incompatible
with the principles or the healthful action of the Con-
stitution. The authority of the United States, under the
Constitution, attaches to individuals, not to States; and
a Convention could neither cure nor prevent such 'dis-
putes,' unless it should totally change the whole theory
of the government, and interpose the authority of the
States between individuals and the Union. The great
distinction between our Constitution and the fundamen-
tal system of other federal governments is, that the lat-
ter were sovereignties over sovereignties, and that they
legislated for political communities, and thus whenever
either of the members of those confederacies chose to

418 RESOLUTIONS OF GEORGIA.

disobey the commands of their general government,
either a civil war or a dissolution of the confederacy
ensued ; whereas the power of the United States acts
upon private individuals, and thus holds the constitution-
al, as well as the physical means, to compel the obedi-
ence of the citizens of any refractory State. Your
Committee regard this as one of the most beautiful and
essential features of that admirable charter ; as the
great object, in fact, which our forefathers sought to se-
cure in substituting the present constitution in place of
the old articles of confederation, — and as among the
last of its provisions which we ought to be willing to
abandon or jeopardize.

" Seventhly, That the power of chartering a bank, and
of granting incorporations, may be expressly given to or
withheld from Congress."

Your Committee cannot think it of any consequence
now to introduce a clause into the Constitution, to the
effect of expressly authorizing Congress to establish a
bank or other corporation. The power of Congress is
incontrovertibly settled in the point of general power,
by the repeated action of Congress and of the Execu-
tive on the subject, and by adjudications of the Supreme
Court. Of course the power of chartering a bank is to
be deemed and taken as a part of the Constitution, just
as much as if it had been expressly specified. No prac-
tical object could be answered by a Convention, in re-
spect to this, unless to prohibit the establishment of a
bank by Congress, which your Committee cannot re-
commend, impressed as they are with a strong sense of
the utility and importance of a National Bank, to every
portion of the Union.

" Eighthly, That t le practice of appropriating money
for works of internal improvement, may be either sane-

PROCEEDINGS OF GEORGIA. 419

tioned by an express delegation of power, or restrained
by express inhibition."

If the Constitution were now to be framed, your Com-
mittee will not deny that it might be expedient to insert
in it an explicit provision upon this vexed question. They
are aware that grave diflferences of opinion have obtain-
ed among the most distinguished statesmen of the coun-
try, as to the power of Congress to make appropriations of
money for objects of internal improvement, so called,
within the limits of any of the States. Under the pow-
er to establish post roads, to regulate commerce, and to
raise monies to provide for the general welfare, Con-
gress has repeatedly authorized the execution, at the
charge of the United States, in part or in whole, of pub-
lic works of this description ; and whatever questions
have been, or may hereafter be raised, concerning the
extent of this power, your Committee believe that the
opinions and practice of the two Houses of Congress
and the Executive, in their discussion and action upon
the subject, will ere long have provided a safe construc-
tion of the Constitution in this respect, as they have
done in others, where doubt once existed as to the mean-
ing of that instrument. However this may be, your
Committee do not think it is a matter which demands
the call of a Convention ; and that if the Constitution
needs amendment in that particular, it should be provid-
ed by means of Congress, under the provisions in the
fifth article of the Constitution.

" Ninthly, That it may be prescribed, what disposition
shall be made of the surplus revenue, when such reve-
nue is found to be on hand."

" Tenthly, That the right to, and the mode of dispo-
sition ot the public lands of the United States, may be
settled."

420 RESOLUTIONS OF GEORGIA.

Your Committee are not aware that any serious con-
stitutional difficulty exists in relation to these two sub-
jects, which they deem to be mere questions of public
policy and expediency, entirely within the competency
of Congress.

" Eleventhly, That the election of President and Vice
President may be secured, in all cases, to the people."

" Twelfthly, That their tenure of office may be limited
to one term."

Whatever considerations there may be in favor of an
amendment of the constitution in these particulars, and
your committee admit that the expediency of a change
in the second of them rests upon highly plausible grounds,
yet the mode of amendment through the agency of Con-
gress, pointed out by the Constitution, seems to them to
be fully competent to effect such an amendment, when-
ever it shall be the will and desire of a decided majority
of the people of the United States.

" Lastly, that the rights of the Indians may be defi-
nitely settled."

Your committee believe this to be purely a subject of
judicial construction under the Constitution, laws, and
treaties of the United States ; that the Supreme Court
is competent to settle any questions appertaining to it,
which do exist, or which may hereafter exist ; and that,
of course, it offers no exigency requiring the call of a
Convention.

In fine, the specific objects of amendment proposed by
the State of Georgia, are of two kinds : — first, things
wherein the true intendment of certain clauses of the
Constitution may have been deemed questionable, which
your Committee regard as the proper subject matter of
judicial construction or definition, in the last resort of
constitutional, as distinguished from extra constitutional

RESOLUTIONS OF GEORGIA. 421

modes of procedure, and of course as not fitting objects
of a Convention ; and secondly, things wherein specific
alterations of, or additions to the Constitution may have
been deemed expedient, which your committee regard as
belonging to the competency of Congress, and by no
means of such vital consequence as to justify the extra-
ordinary step of a convention of the people of the United
States.

Having thus adverted to the reasons on which the
Legislature of Georgia found their proposition for the
call of a Convention, and also to the specific objects of
amendment which they propound for investigation, your
committee have only to add in conclusion, that they con-
ceive the meeting of a Convention of the people for the
.purpose of revising the Constitution, in these or any other
respects, to be a remedy required only by pressing emer-
gencies of national exigency ; and they apprehend that,
under any subsisting state of public feeling, its tendency
would be to create new questions of difficulty, and to
augment the differences of opinion in regard to old ones,
and thus to weaken, rather than confirm the power of
the Union. The Legislature of Georgia have alleged
various subjects of fundamental law as requiring the
agency of a Convention, being such as the peculiar views
or position of the State of Georgia have suggested to her
Legislature. It would be easy for your committee to
swell the number of subjects equally suitable for the con-
sideration of a Convention with those under discussion,
derived from the views and position of this Common-
wealth ; and some of the latter class of subjects involve
questions of public right, of national expediency, of con-
stitutional organization, quite as important in themselves,
and quite as dear to the convictions of the people of Mas-
sachusetts, as any of the former class can possibly be to
54

422 RESOLUTIONS OF GEORGIA.

the people of Georgia. But your committee are content
with the Constitution in the form they have received it
from their fathers, regarding it as a monument of compre-
hension and sagacity, which the labors of a Convention
might perhaps improve in some points, but which they
would be more likely to unsettle and overturn, without
possessing the capacity or the power to raise upon its
ruins another equally noble fabric of political wisdom to
supply its place. Whilst entertaining, therefore, all
proper respect for the opinions of the Legislature of
Georgia, and while solicitous to treat that State with
deference as a coequal member of the Union, your com-
mittee, in view of the whole matter, recommend to the
Legislature the adoption of the following Resolves.

For the Committee,

CALEB GUSHING.

Whereas, the Governor of the State of Georgia, did,
by his communication under date of the twenty-eighth
day of December last, transmit to His Excellency the
Governor of this Commonwealth, copies of a certain
Preamble and Resolutions connected therewith, recently
adopted by the Legislature of said State of Georgia, and
His Excellency did, by his Special Message of the six-
teenth of January last, communicate the same to the
Legislature of this Commonwealth : —

And whereas, in said Preamble and Resolutions it is set
forth that, for certain reasons therein alleged, the State
of Georgia doth make application to the Congress of the
United States for the call of a Convention of the People
to amend the Constitution in sundry particulars, enume-
rated in said Preamble, and in such others as the People
may consider needful : —

RESOLUTIONS OF GEORGIA. 423

And whereas, the specified subjects of amendment are
either matters of definition or construction merely, aris
ing on the face of the Constitution, as to which the
meaning of the Constitution is already, or may hereafter
be satisfactorily ascertained under the Constitution, and
by means provided therein, and which matters do not
properly come within the functions of a Convention ; or
else matters of amendment suitable for the consideration
of Congress, under the Fifth Article of the Constitution,
and not of such vital moment as to require the call of a
Convention : — Therefore,

1. Resolved, That the Legislature of this Common-
wealth do not concur in the proposition of the State of
Georgia, inviting a Convention of the People of the
United States, for the purpose of amending the Consti-
tution.

2. Resolved, That His Excellency the Governor be
requested to transmit a copy of these Resolves, together
with the Report which accompanies them, to the Presi-
dent of the United States, to the Governors of all the
States, and to each of the Senators and Representatives
of this Commonwealth in Congress.

424 INTERNAL IMPROVEMENTS.

CHAP. LXVII.

RESOLVES

Respecting Internal Improvements.

March 25, 1833.

The Committee of both Houses to whom were referred
certain Resolutions of the Legislatures of Tennessee
and Georgia, on the subject of Internal Improvements
under the authority of the General Government, have
considered the same, and submit a Report.

The Resolutions transmitted for the consideration of
the Legislature of this State, by the States of Tennessee
and Georgia, deny the right of the General Government
to make appropriations from the National Treasury
for the purpose of promoting Internal Improvements. The
Resolutions do not in their terms require any action on
the part of this State other than such as courtesy to the
Legislature of a sister state may dictate. While they
assert that the General Government does not possess the
power under the Constitution of promoting Internal Im-
provements,— an opinion which might with more propri-
ety and greater practical effect be asserted by the Repre-
sentatives of those States in Congress, — they do not
propose to call a Convention by the concurrent request
of two thirds of the states, for the purpose of amending
the Constitution on this subject, either by repealing or
restraining the powder which Congress has assumed to
exercise, or " by specifying the occasion, the manner and
extent of the appropriations to be made in aid of Internal

INTERNAL IMPROVEMENTS. 425

Improvements," as recommended by President Jackson
in his veto message on the Lexington and Maysville
Turnpike Road Bill.

At a time when Resolutions are received almost daily,
from various states in the Union, upon subjects of deep
moment and exciting interest, it might become this Le-
gislature to pause, and inquire into the expediency of
giving a formal and distinct answer to every Resolution
of a sister state, whether originating in the sudden heat
of party excitement, or merely assailing for popular or
temporary effect the constitutional power of the national
government, on subjects over which it has claimed and
exercised jurisdiction from an early period, and under
many successive administrations.

The subject of Internal Improvements has been fully
and frequently discussed in Congress, and was ably
treated in the report of a Committee of the last General
Court of this state, which received the sanction of one
branch of the Legislature, but came up too late for the
action of the other branch. It cannot now be necessary
for the Committee to present an elaborate view of the
subject; and they will confine their remarks to the Res-
olutions which they have had under consideration, and to
a brief exhibition of the reasons which have induced
them to dissent from the sentiments expressed in those
Resolutions.

The Report accompanying the Resolutions of Georgia,
affects to consider Internal Improvements by the national
government, as among " the plans of usurpation and
consolidation" marked out and advocated by " the friends
of manufacturing monopolists." The connection between
the power to promote internal improvements and the
right of protecting American industry, is not in their con-
stitutional origin, so much as in their beneficent effects

426 INTERxNAL IMPROVEMENTS.

and influences on the general welfare of the whole coun-
try. Each power stands in the Constitution on indepen-
dent ground, and each may be exercised alone, with
manifest benefits to the country. But the exercise of
either power unquestionably contributes much in aid of
the other, by giving to the products of domestic industry,
whether employed in the fisheries, manufactures, or agri-
culture, a cheaper and easier access to the home market,
thus increasing the demand by cheapening the supply in
the only certain, and a constantly extending market.

Increased facilities for intercommunication between
remote parts of the Union, will tend to such "consolida-
tion" only, as results from mutual interests, frequent
social and commercial intercourse, and a constant inter-
change of sentiment and kind offices. The direct effect
of internal improvements of a national character, is to
bring into closer contact and firmer union all the sections
of our country, and to consolidate the Union by the
strong ties of interest, and by a common conviction of
the mutual dependence of the parts on each other, and
of all upon the Union.

The resolutions of Tennessee and Georgia concur in
deprecating " the exercise of the power which has been
assumed by Congress, of appropriating money out of the
Treasury of the United States, to be expended upon lo-
cal objects of improvements within the several states,
and in subscribing for stock under state incorporations."

One of the resolutions of Tennessee most cordially ap-
proves " of the views and sentiments of President Jack-
son in relation to internal improvements by the General
Government, as expressed in his Veto Message, commu-
nicated to the Congress of the United States, upon the
Lexington and Maysville Turnpike Road Bill ;" and the
Report accompanying the Resolutions of Georgia, also

INTERNAL IMPROVEMENTS. 427

refers to that Message in terms of commendation. The
advocates of internal improvements have never claimed
for the national government, a right to apply its powers
or funds to projects of internal improvement, exclusively
local in design, effect and character. They do contend,
however, that the national funds may be applied to im-
provements of "a general, not local — national, not
state" character. It matters not how limited in extent
may be the improvement, or how narrow may be its lo-
cality ; if, in itself, or as an essential link in a chain of
communication, it will directly promote " the general
welfare of the United States," it deserves, and may, by
the Constitution, receive the aid and patronage of the
General Government, by an appropriation of funds. The
improvement of the navigation of the Ohio and Missis-
sippi— the great highways of the western states — the
Chesapeake and Ohio Canal, and the Cumberland Road,
are prominent illustrations of the exercise of this power.
Many other examples might be adduced of improvements
within the limits of a single state, which would not be
accomplished by the funds and enterprize either of states
or individuals, unaided by the General Government,
which are yet decidedly of national utility and character,
and in the success of which, the state within w hose bor-
ders they may happen to be situated, has much less in-
terest than many other states in the Union. To the
sound discretion of Congress, always responsible through
its members to the people, may be safely entrusted the
power of determining what are national objects of im-
provement,— much more safely than to any single indi-
vidual, whatever may be his station. The exercise of
such a power by Congress, in selecting the objects of
improvement within the country, and in regulating the
amount of appropriation for each object, is neither more

428 INTERNAL IMPROVEMENTS.

difficult nor dangerous than the selection of the points for
light-houses, piers, buoys, break-waters, navy yards, and
other improvements on the sea board, for the benefit and
security of commerce.

The Constitution of the United States declares, that
" the Congress shall have the power to lay and collect
taxes, duties, imposts and excises, to pay the debts, and
provide for the common defence and general welfare of
the United States." The power to raise and appropriate
money, to provide for the common defence and general
welfare of the United States, is a distinct and substantive
power in itself, independent of other powers vested by
that instrument in Congress. This is the reasonable and
obvious construction of this clause of the Constitution,
which has been sanctioned by the legislation of Congress
for a long period of years, and by the express assent of
many, and by the tacit acquiescence of nearly all the
States. Those who have doubted, or denied the consti-
tutional power of the National Government to construct
a road or canal within a State, either with or without
the assent of such State, have nevertheless admitted the
right of appropriating money from the National Treas-
ury to aid in such works, by subscribing for stock in any
corporation which may be created by a State, for the
purpose of making such road or canal. Congress has
exercised this power under the successive administra-
tions of Jefferson, Madison, Monroe and Adams, and has
given a settled construction to the Constitution.

The message of President Jackson, after referring to
this practical construction of the Constitution, and to
the repeated and long continued legislation of Congress,
and the acts or opinions of successive Presidents on this
subject, distinctly recognizes the right of appropriating
the national funds to national objects of improvement,

INTERNAL IMPROVEMENTS. 429

by subscribing for stock in state corporations. Although
the existence of this power, were it now about to be
exercised for the first time, might be questioned, as he
thinks, and would admit of a difference of opinion, yet
that a long series of acts, founded on the assumption of
the existence of such a power, passed by Congress,
approved by many of the States, and acquiesced in by
the people, had put the question at rest, and given to
this construction of the Constitution the authority of
the Supreme Law. The message declares, that " the
public good, the nature of our political institutions, re-
quire that individual differences should yield to a well
settled acquiescence of the people, and confederated
authorities in particular constructions of the Constitu-
tion on doubtful points. Not to concede thus much to
the spirit of our institutions would impair their stability,
and defeat the objects of the Constitution itself." With
an authority cordially approved by Tennessee and Geor-
gia, against the opinion of those States, as declared in
their resolutions, it may not require any further argu-
ment to prove, that Congress has the right under the
Constitution to make appropriations for such internal
improvements as will promote " the general welfare."

The message, it is true, doubts the expediency of
exercising this power, while the national debt shall re-
main unpaid, and suggests the propriety of amending
the Constitution, by specifying or regulating the occa-
sion, the manner and extent of the appropriations to be
made in aid of internal improvements. The Commit-
tee, however, can conceive of no safer or wiser regula-
tion on this subject, than that now provided in the Con-
stitution, by which the occasion, manner and extent of
such appropriations are submitted, in every case, to the
55

430 INTERNAL IMPROVEMENTS.

judgment of the representatives of the people in Con-
gress.

The Committee have considered the Constitutional
right, and not the expediency of making such appropri-
ations. The latter branch of the subject may more be-
fit the Congress of the United States, than the Legisla-
ture of an individual state. The Committee, however,
do not entertain a doubt of the propriety of exercising
this power, whenever and wherever the " common de-
fence and general welfare" of the nation may be pro-
moted, limited only by the means of the government,
and a due regard to equality in the distribution, and to
economy in the expenditure of the national revenue.
By appropriations to purchase stock in corporations, by
whose agency public works of national importance and
utility shall be constructed, individuals, states, and the
national government may combine their skill and means
" to provide for the common defence and general wel-
fare" of the country, without any conflict of interests
or jurisdiction, and with the best guarantee that the im-
provements will be works of practical and national utili-
ty, and will be accomplished with the greatest skill, and
at the least expense. The amount of the appropria-
tions can in this way be apportioned to the degree of
national benefit which will result from any proposed
improvement, leaving to individuals or states to bear
the expense of the work, to the extent, that it is of local
or private advantage only ; and this power of the na-
tional government will be seen and felt by the people
and the states only in its beneficent action upon them.

No state in the union is more able than Massachu-
setts to construct such works of internal improvement
as her situation may require, but no state has been more
willing to sanction appropriations from the national

INTERNAL IMPROVEMENTS. 431

treasury to promote such improvements wherever tiiey
may be required for the common defence or the gene-
ral welfare. She may truly say with Pennsylvania, that
she " has uniformly, with a magnanimity and a spirit of
patriotism, which does her honor, advocated and main-
tained the Constitutional right of the General Govern-
ment to aid in the construction of works of internal im-
provements, of a national character, tending to bind, and
to connect more closely together, the remote parts of
our widely extended territory ; to multiply the facilities
of communication between different parts of the union ;
to diminish time and distance in the intercourse of its
citizens with each other ; to beget, by means of such in-
tercourse, feelings of amity, kindness and friendship, in-
stead of those sectional jealousies, local prejudices, and
unkind and uncharitable prepossessions, which a want
of free and friendly intercommunication is always seen
to produce ; and generally, to increase the comforts and
promote the prosperity and happiness of the people of
the United States."

There are other provisions of the Constitution, which
might be adduced, as authorizing Congress to make
internal improvements in the several states, independ-
ent of the consent or co-operation of the states, such
as the power " to regulate commerce with foreign na-
tions and among the several states ;" " to establish post
offices and post roads;" and "to make all laws which
shall be necessary and proper for carrying into execu-
tion the foregoing powers." But as the same objects,
which might be attained by the exercise of these powers
incidentally vested in Congress, can generally be accom-
plished with less difficulty, and more acceptably to the
country by the means of appropriations and through the
agency of state corporations, in the manner herein ex-

432 SURVEY OF COMMONWEALTH.

plained, — the Committee have not deemed it necessary
to advert to the nature or extent of the powers conferred
on Congress by these clauses in the Constitution.

With these views of the subject, the Committee sub-
mit the accompanying Resolutions.

All which is respectfully submitted.

By order of the Committee.

WM. S. HASTINGS.

Resolved, by the Senate and House of Representatives
of the Commonwealth of Massachusetts, in General Court
assembled, That the Government of the United States
is invested by the Constitution with the power of ap-
propriating money to promote such Internal Improve-
ments in the several states, as, in the judgment of Con-
gress, shall be necessary, or conducive to the common
defence or the general welfare of the United States.

Resolved, That His Excellency the Governor be re-
quested to transmit copies of these Resolutions to the
Governors of the States of Georgia, Tennessee and
Maine.

CHAP. LXVIII.

Resolve making a further appropriation for the Survey of
the Commonwealth.

March 25, 1833.

Resolved, That His Excellency the Governor, with the
advice and consent of the Council, be, and he is hereby

ACCOUNTS OF THE LAND AGENT. 433

authorized to draw his warrant from time to time, upon
the treasurer of the Commonwealth, for any sum or
sums, not exceeding eight thousand two hundred dol-
lars, in addition to the sums heretofore appropriated,
which may be necessary to carry more fully into effect
the resolve authorizing a general survey of the Com-
monwealth, passed on the third day of March, A. D.
1830, and the resolves in addition thereto; and he is
further authorized to apply such portion of the above
named sum, not exceeding three hundred dollars, as
may be necessary for completing the geological exam-
ination of the Commonwealth, provided for by a resolve
passed on the fifth day of June, A. D. 1830.

CHAP. LXIX.

Resolve for settling the Accounts of the Land Agent.

March 25, 1833.

Resolved, That George W. Coffin, land agent of the
Commonwealth, be, and he hereby is discharged from
the payment of the sum of one hundred and eighty-one
thousand, three hundred and seventy-six dollars and
eighteen cents, the receipt of which is acknowledged in
his account with the Commonwealth, for the year end-
ing on the 31st of January, 1833; and that he is au-
thorized to credit to the Commonwealth, in his next ac-
count, the sum of five thousand dollars, remaining in his
hands, as a balance from the last account.

434 PETITION OF SAMUEL LATHROP.

CHAP. LXX.

Resolve for ascertaing the boundary of certain Towns
in this Commonwealth, adjoining the State of Rhode
Island.

March 25, 1833.

Resolved, That the commissioners to be appointed to
ascertain the boundary line between the town of Swan-
zey, in this State, and the town of Warren, in Rhode
Island, in pursuance of a resolve passed January 25, of
the present year, be, and they are hereby empowered
to ascertain the boundary of the towns in this State, on
the line of its southern boundary, between the towns of
Seekonk and Westport and the intermediate towns, not
provided for in the above named resolve.

CHAP. LXXI.

Resolve on the Petition of Samuel Lathrop and Aaron

Day.

March 25, 1833.

Resolved, For the reasons set forth in said petition,
that Samuel Lathrop and Aaron Day, trustees of certain
real estate, late of Seth Lathrop, deceased, situated in
West Springfield, in the county of Hampden, and held
by said trustees for the benefit of the family of Edward

PETITION OF SAMUEL HUBBARD. 435

Lathrop, son of the said Seth, are hereby empowered to
sell the said real estate at public or private sale, and to
convey the same by deed, and to invest the proceeds in
other real estate within or without this Commonwealth,
so as best to subserve the interests of the family of said
Edward Lathrop.

Provided, That the said trustees shall, before acting
under the authority aforesaid, furnish evidence to the
judge of probate within and for the county of Hampden,
that all parties in interest have given their assent to
such sale, and to the object thereof, and shall also ob-
tain the opinion of said judge that the interests of the
family of said Edward Lathrop will be essentially pro-
moted thereby.

CHAP. LXXH.

Resolve on the Petition of Samuel Hubbard.
March 25, 1833.

Resolved, For the reasons set forth in the petition of
Samuel Hubbard, guardian of Thomas Hancock, of Bos-
ton, that the said guardian is hereby empowered to sell
and convey, on such terms, and for such prices as said
guardian shall deem expedient, and by public vendue or
private sale, all or any part of the right, title, interest and
estate of the said Thomas Hancock, in and to all or any
part of the lands, flats, and real estate in said Boston, for-
merly owned by John Hancock, Esq., deceased, and situ-
ate between Commercial street and Fleet street, bounded
northwesterly on Ann street, and extending southeasterly

436 PET. OF EDMUND T. HASTINGS.

towards the harbor channel ; and all rights, easements,
privileges and appurtenances thereto belonging ; — and
to make and execute good and sufficient deed or deeds
thereof, to convey the same to the purchaser or pur-
chasers, his or their heirs and assigns in fee simple.
Provided, that no deed of any part of said real estate
shall be executed by said guardian, until he shall have
given the bonds required by law to be given by guar-
dians, on the sale of real estate belonging to their wards.

CHAP. Lxxni.

Resolve on the Petition of Edmund T. Hastings.

March 25, 1833.

Resolved, For the reasons set forth in said petition,
that Edmund T. Hastings, guardian of Martha Ann
Turner May, is hereby empowered to sell and dispose
of, by public sale or private contract, and by his deed
or deeds duly executed, acknowledged and recorded, to
convey all the right, title, estate and interest of the said
Martha Ann Turner May, in and to a certain parcel of
real estate situated on the northerly side of Bedford
street, in the city of Boston, in the county of SufTolk,
with all the privileges, easements and appurtenances
thereto belonging, being the same described and con-
veyed in a certain deed from Hepsibah Jones to Robert
Turner, and his children Martha Ann, George T., and
Louisiana Turner, dated the thirtieth day of April, in
the year of our Lord eighteen hundred and twenty-one,
and recorded with Suffolk deeds, lib. 309, fol. 79.

PETITION OF GEORGE READ. 437

Provided, that the said Edmund T. Hastings, as such
guardian, shall first make and execute, in due form of
law, a bond, with sufficient sureties, to the judge of pro-
bate of the county of Suffolk, and to the acceptance of
the said judge, with condition that the said Hastings
shall well and truly account for the proceeds of any sale
which he may make by virtue of the authority hereby
given.

CHAP. LXXIV.

Resolve upon the Petition of George Read.

March 25, 1833.

Resolved, That George Read, executor of the last
will and testament of John Read, late of Boston, de-
ceased, for the reasons set forth in his petition, is hereby
empowered to sell by public auction, so much of the
real estate of said deceased, situate in Roxbury, in the
county of Norfolk, and described as follows, to wit : a
lot of land with an old wooden dwelling house, barn,
and outhcuses standing thereon ; a lot of wood land
near the Dedham turnpike, and a lot of marsh land near
Pine island, where the same can best be spared, as
shall be sufficient to raise the sum of five thousand
eight hundred forty-nine dollars and seventy-nine cents,
together with interest thereon from the twenty-ninth
day of December, in the year of our Lord one thousand
eight hundred and twenty-eight, for the payment of the
debts of said deceased, and twenty dollars more for
incidental charges, and to make, execute, acknowledge
56

4S8 PETITION OF GEORGE READ.

and deliver, in due form of law, good and sufficient
deed and deeds thereof, to the purchaser and purchas-
ers : provided, that the said George, executor as afore-
said, shall first give bonds, with sufficient sureties, to
the judge of probate for the county of Suffialk, that he
will observe the rules and directions at law for the sale
of real estates by executors and administrators, and in
all things relating to said sale govern himself by the
laws of the Commonwealth, so that the interest of the
creditors of said deceased shall be best secured ; and
thereof, and of his whole proceedings in the premises,
shall render upon oath a just and true account to the
judge of probate for the time being of said county of
Suffolk, when, and so often as he shall be thereunto
required : and take the oath required to be taken by
executors and administrators previous to the sale of
real estate, and shall also give public notice of said sale,
by printing a notification thereof, three weeks succes-
sively, in the newspaper called the Boston Daily Adver-
tiser and Patriot, printed in said Boston, and in the
newspaper called the Norfolk Advertiser, printed in
Dedham. And the said George, executor as aforesaid,
is hereby further empowered to perpetuate the evidence
that such notice was given of said sale as above directed,
in the probate court in said county of Suffolk, in the
same way and manner as is by law provided for execu-
tors and administrators, respecting the sale of real es-
tates, and perpetuating evidence of the notice thereof.

PETITION OF MARIA F. GREENOUGH. 439

CHAP. LXXV.

Resolve on the petition of Maria F. Greenough, Guardian.
March 25, 1833.

On the petition of Maria F. Greenough, as guardian
of her five minor children, praying that her acts done
under a resolve of the legislature, made and passed on
or about the tenth day of February, in the year of our
Lord one thousand eight hundred and thirty-two, may
be confirmed, and for the reasons therein set forth,

Resolved, That the sale and conveyance of said mi-
nors' right, title, and estate in and to one undivided
moiety of a certain island in Boston harbor, known by
the name of Noddle's Island, made by said Maria, on or
about the twenty-first day of February, in the year of
our Lord one thousand eight hundred aud thirty-two,
by a deed of that date, recorded with the Suffolk deeds
in lib. 362, fol. 215, be, and the same are hereby con-
firmed.

And said Maria is hereby empowered to make and
execute, acknowledge and deliver such other and fur-
ther conveyances to the grantees named in the deed
aforesaid, as, in the opinion of herself or counsel, shall
be proper or necessary to pass and confirm to them in
fee simple, the right, title and interest of said minors, in
and to the premises mentioned in the deed aforesaid,
free from all conditions.

440 PAY OF COMMISSIONERS.

CHAP. LXXVI.

Resolve making an allowance to Linus Bagg and Joshua
Harrington, from the Treasury.

March 25, 1833.

Resolved, That there be paid from the treasury of the
Commonwealth, to Linus Bag^, member of the House
of Representatives, from West Springfield, the sum of
twenty dollars, and to Joshua Harrington, member of
the House of Representatives, from Grafton, the sum
of thirty dollars, said sums being for extra expenses in-
curred by those gentlemen in travelling to their respec-
tive homes, during the sessions of the last and present
legislature, in consequence of severe illness, and that
warrants be drawn therefor.

CHAP. LXXVII.

Resolve for paying the Commissioners appointed to in-
vestigate the Pauper System, for their services and
expenses.

March 25, 1833.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to Josiah Caldwell, Es-
quire, the sum of fifteen dollars, and to Joseph Tucker-
man, the sum of two hundred and twenty-six dollars,

JOHN V. LOW.— H. WADSWORTH. 441

eighty-eight cents, in full for their respective services
and expenses as commissioners appointed to investigate
the pauper system ; and His Excellency the Governor
is requested, by and with advice of Council, to draw his
warrant accordingly therefor.

CHAP. LXXVHT.

Resolve in favor of John V. Low.

March 25, 1833.

Resolved, That there be paid from the treasury of
the Commonwealth to John V. Low, assistant messen-
ger to the Governor and Council, two dollars per day
for each day he has been or may be employed in that
capacity during the present session of the council, and
that a warrant be drawn therefor.

CHAP. LXXIX.

Resolve on the petition of Hiram Wadsworth, administra-
tor upon the estate of John Wadsworth.

March 26, 1833.

Resolved, for reasons set forth in said petition, that
the said administrator is hereby authorized to sell and
convey, by good and sufficient deed of the same, at pri-

442 JONATHAN SHOVE.

vate sale, a tract of land containing about forty acres,
situated on both sides of Ware River in the town of
Barre, being the land of said intestate, described in said
petition, to which reference may be had : provided, that
before said administrator shall execute such deed pur-
suant to the authority hereby given, he shall make and
execute, in due form of law, a bond with sufficient sure-
ty or sureties, to the acceptance of the judge of pro-
bate of the county of Worcester, in such penalty as said
judge may require, with condition that the said admin-
istrator shall well and truly account for such sum, as he
may receive in way of consideration for said convey-
ance.

CHAP. LXXX.

Resolve infmwr of Jonathan Shove.

March 26, 1833.

Resolved, That there be paid out of the treasury of
the Commonwealth to Jonathan Shove of Danvers the
sum of seventy-six dollars, being the amount omitted
on the pay roll of his attendance and travel as a mem-
ber of the last General Court, and that a warrant be
drawn therefor.

PAY OF CHAPLAINS, COUNCIL, &c. 443

CHAP. LXXXI.

Resolve to pay the Chaplains.

March 26, 1833.

Resolved., That there be paid out of the treasury, to
Rev. George W. Blagden, chaplain of the Senate, and
to Rev. Howard Malcom, chaplain of the House of Rep-
resentatives, the sum of sixty dollars each, and that a
warrant be granted therefor.

CHAP. LXXXII.

Resolve for the pay of the Council, Senate^ and House of
Representatives,

March '^Q, 1833.

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 attendance at that board, at every
session thereof during the present political year, and
the like sum of two dollars for every ten miles travel

444 JACOB KUHN.

from their respective places of abode, once in each ses-
sion thereof; and to the President of the Senate and
Speaker of the House of Representatives each, two dol-
lars for each and every day's attendance, in addition to
their pay as members; and His Excellency the Govern-
or, with advice and consent of the Council, is hereby
authorized and requested to draw his warrant accord-
ingly.

CHAP. Lxxxni.

Resolve to pay Jacob Kuhn.

March 27, 1833.

Resolved^ That there be allowed and paid out of the
treasury of this Commonwealth, to Jacob Kuhn, in full
for his services as messenger of the General Court and
for his care of the State House, and all other services
rendered by him, including those mentioned in a resolve
passed on the nineteenth day of October, in the year of
our Lord one thousand eight hundred and fourteen,
from the first day of January last, to the first day of Jan-
uary next, the sum of one thousand dollars, payable
quarter yearly ; and His Excellency the Governor, with
the advice of Council, is hereby authorized and re-
quested to draw his warrant accordingly.

JOURNAL OF CONVENTION OF 1780. 445

CHAP. LXXXIV.

A Resolve for distributing the Printed Copies of the Jour-
nal of the Convention o/1780.

March 27, 1833.

Resolved, That the printed copies of the Journal of
the Convention of 1780, now remaining in the office of
the secretary of the Commonwealth, be distributed in
the following manner, to wit :

Six copies to the Governor,

Three copies to the Lieutenant Governor,

One copy to each member of the Council, Senate,
and House of Representatives,

One copy to each Judge of the Supreme Judicial
Court, and of the Court of Common Pleas,

One copy each, to the Secretary, Treasurer, Attorney
General, and to each of the Clerks and Chaplains of the
two houses.

Two copies each, to Harvard University and to Am-
herst and Williams Colleges,

One copy each, to the Theological Seminaries at An^
dover and Newton,

One copy each, to every incorporated Atheneum in
this Commonwealth,

One copy to each County Law Library,

One copy to the American Academy of Arts and Sci-
ences,

One copy to the Boston Society of Natural History,
Two copies to the Library of the United States,
One copy to the Executive of each State in the
57

4^6 ALLEN POTTER.

Union, and the remaining copies to be disposed of in
such manner as His Excellency the Governor may di-
rect.

CHAP. LXXXV.

Resolve in favor of Allen Potter.
March 27, 1833.

Upon the petition of Allen Potter, praying that the
amount paid by him upon two forfeited recognizances,
may be refunded from the treasury of the Common-
wealth ;

Resolved, That, for reasons set forth in said petition,
the sum of four hundred dollars be paid out of the treas-
ury of this Commonwealth, to Allen Potter ; and that
His Excellency the Governor be authorized and request-
ed to draw his warrant accordingly.

CHAP. LXXXVL

Resolves to provide for the Reception of the President of
the United States.

March 27, 1 833.

Whereas information has been received, that the Pre-
sident of the United States proposes to visit New En-
gland during the current year, and that he may be pre-

RECEPTION OF THE PRESIDENT. 447

sent in the capital of tliis state on the next anniversary
of the Declaration of Independence : and whereas it has
been the ancient usajre, and the uniform desire of this
Comnionvvealth, to receive the visits of distinguished
public men, and especially of the chief magistrates of
the Union, with respect and hospitality; — Therefore,

Resolved by the Senate and House of Representatives
of the Commonwealth of Massachusetts,, in General Court
assembled, That His Excellency the Governor be, and
he hereby is authorized and requested, to tender to the
President of the United States, if he shall visit this
Commonwealth during the present year, the customary
hospitalities, and the respectful cougratulations of the
State.

Resolved, That a Committee, consisting of the Presi-
dent and five members of the Senate, viz. Messrs.
Blake, Hastings, Austin, Merrill, and D. Putnam, and
of the Speaker and six members of the House of Repre-
sentatives, viz. Messrs. White of B., Cushiug of D.,
Greene of N. Bedford, Keyes of C, Thajer of U., and
Sprague of B.,be appointed, who are hereby authorized to
make all suitable arrangements, in the name and be-
half of the state, for the proper reception of the Presi-
dent of the United States, if his visit to this state shall
occur before the next session of the General Court ;
and also for the celebration of the next anniversary of
the Declaration of Independence, if it shall be the plea-
sure of the President to be present at the capital of the
state on that occasion.

Resolved, That His Excellency the Governor, by and
with the advice of the Council, be, and he hereby is
authorized to draw his warrant on the Treasury for
such sum, as may be necessary for the purposes afore-
said.

448 ' STATE PAPERS, &c.

CHAP. LXXXVII.

Resolve providing for the safe keeping of certain Papers
relating to the separation of this Commomvealth from
the State of Maine.

March 27, 1833.

Resolved, That the General Court concur in the dis-
position which the Legislature of the State of Maine
propose to make of certain papers, relating to the sepa-
ration of this Commonwealth from that State, hy their
Resolve of the ninth of February, of this year, so far as
the same may regard any journals or other documents
now remaining in the hands of the secretary to the com-
mission, which was constituted under the act of separa-
tion, and which has ceased to exist by the limitation
contained in said act.

CHAP. LXXXVIH.

Resolves for grants to certain Officers and Soldiers of the
Revolutionary War.

March 27, 1833.

Resolved, That each non-commissioned officer and
soldier of the Revolution, who enlisted for and served
a term of not less than three years at one time, who at
the time of his enlistment was and now is an inhabitant
of the present Commonwealth of Massachusetts, and

REVOLUTIONARY SOLDIERS. 449

who has not already received money or land under the
provisions of previous resolves, and each widow of any
such officer or soldier who was at the time of his de-
cease an inhabitant of this Commonwealth, shall be en-
titled to receive two hundred acres of land, to be select-
ed from any of the lots not already taken, in either of
the following townships, namely, number four of the
second range — number two of the third range in the
county of Somerset, and number two of the seventh
range in the county of Penobscot.

Resolved, That the Land Agent is hereby authorized
to cause a survey of this land aforesaid, and to execute
conveyances thereof to such of the officers, soldiers and
widows aforesaid, as shall elect to receive the same, and
shall prove their claims to the satisfaction of the Land
Agent on or before the fourth day of March, in the year
one thousand eight hundred and thirty-five.

Resolved, That to such of said officers, soldiers and
widows as shall so elect, instead of the grant of land
aforesaid, there shall be paid, upon proof of their claims
as is before provided, out of the Treasury of this Com-
monwealth, the sum of fifty dollars, and the Governor,
with the advice and consent of the council, is hereby
authorized to draw his warrants accordingly.

450 CHARLES BROWN.

CHAP. LXXXIX.

Resolve on the Cotnmunication of the Acting Quarter
Master General.

March 27, 1833.

Resolved, That the sum of four thousand dollars be,
and the same hereby is appropriated, to defray the ex-
penses of the Quarter Master General's Department,
and His Excellency the Governor, with the advice of
the Council, is hereby authorized to draw his warrant
on the Treasurer for the same, in such sums, and at such
times, as the public service may require, in favor of the
Acting Quarter Master General, for the faithful appro-
priation of which he is to be accountable.

CHAP. XC.

Resolve authorizing the Guardian of the minor children of
Charles Thorndike, deceased, to enter an appeal from
the Court of Probate.

March 27, 1833.

On the petition of Mary M. Thorndike, widow of
Charles Thorndike, late of the city of Boston, merchant,
deceased, Charles G. Loring, administrator of the estate
of said Charles Thorndike, and Charles Brown, guar-
dian of the children of said Charles Thorndike.

STATE OF MAINE. 451

Resolved, That the said Charles Brown, in his capac-
ity of gnardian as aforesaid, and on behalf of his said
wards, is hereby empowered to enter and prosecute, in
the Supreme Judicial Court, at the term thereof holden
at Boston, within the county of SufTolk, and for the
counties of Suflfolk and Nantucket, on the first Tuesday
of March, in the year of our Lord one thousand eight
hundred and thirty-three, the appeal of said minors from
the decree of the judge of probate for the county of
Suffolk, passed on the eleventh day of March last, afore-
said, disallowing a certain instrument presented by said
Brown to said probate court for approval and allowance,
as the last will and testament of the said Charles Thorn-
dike, in the same manner in which said appeal might
have been entered and prosecuted, at the next November
term of the said Supreme Judicial Court for the county
of Suffolk, any law to the contrary notwithstanding.
Provided hoivever, that the said widow and administra-
tor of said Charles Thorndike, shall, in writing, certify
to the justices of the supreme judicial court, their con-
sent to such entry of said appeal.

CHAP. XCI.

Resolve to reimburse the State of Maine, for Monies paid
William King.

March 27, 1833.

Resolved, That the treasurer of the Commonwealth
be, and he hereby is authorized and required to pay to
the State of Maine, the sum of fifteen hundred dollars.

452 JACOB KUHN, FOR FUEL, &c.

for monies disbursed by said State for the services and
expenses of William King, in prosecuting " the Militia
Claims upon the United States ;" said sum to be
charged to the balance now remaining of the joint fund
belonging to the said State of Maine and this Common-
wealth. And His Excellency the Governor, with ad-
vice of the Council, is hereby authorized and requested
to draw his warrant on the Treasurer accordingly.

Resolved, That His Excellency the Governor be re-
quested to transmit a copy of these Resolves, and of the
preceding report, to the Governor of the State of Maine.

CHAP. XCH..

Resolve to provide for Fuel, and for other purposes.

March 27, 1833.

Resolved, That there be paid out of the treasury, to
Jacob Kuhn, messenger of the General Court, twelve
hundred dollars, to enable him to purchase fuel and
other necessary articles for the use of the General
Court, the Council Chamber, Land Office, and the offi-
ces of the Secretary, Treasurer, and Adjutant and Quar-
ter Master General, said Kuhn to be accountable for the
expenditure of the same ; and that a warrant be drawn
therefor.

MESSAGE. 4513

CHAP. XCIII.

To the Honorable Senate ; —

A Bill, entitled " An Act in further addition to an
Act for regulating, governing and training the Militia of
this Commonwealth," has been laid before me for my
approval. This I feel most painfully constrained by an
imperative sense of official obligation to withhold, and
to return the Bill to the Honorable Senate where it
originated, with my objections to its passage into the
form of a Law of the Commonwealth.

By the Constitution of the United States, which is a
compact of the whole people with each other, and by
the consent of all is made the supreme law of the land,
the power " to provide for organizing, arming, and dis-
ciplining the Militia," is given to Congress ; and the
necessity of a well regulated militia to the security of a
free State is explicitly recognized and declared. From
this general power over the whole subject, in the most
broad and comprehensive terms, there was reserved to
the States respectively, the appointment of the Officers,
and the authority of training the Militia, according to the
discipline prescribed by Congress. As the objections
which I entertain to the passage of the Bill before me,
are mainly of a constitutional character, growing out of
the foregoing provisions of the Constitution of the Uni-
ted States, and of the laws which have been subsequent-
ly enacted, in pursuance thereto, it may be useful first
to consider in what manner the authority over the Militia
is distributed, and to what extent it can be exercised by
Congress and the States, respectively.
58

454 MESSAGE.

The power to organize, to arm, and to discipline, is
vested in Congress. The organization implies the right
to prescribe who shall be made liable to the duty of
militia service, and their arrangement into distinct Bands
and Corps for its performance. The arming respects
the authority to prescribe the appropriate arms and
accoutrements with which the Militia shall be provided,
and with which they shall be exercised. And the dis-
ciplining implies instruction in the use of these arms,
and in the drill required for the knowledge of the soldier
in parade, evolution, and manoeuvre, under the organiza-
tion to which the Militia may be subjected. These posi-
tions are plain, simple, and incontrovertible, and comprise
the powers which Congress may exercise over the Militia
of the Union. The re^erw^^Z authority to the States, to ap-
point Officers, and to train the Militia, may be considered
subordinate to, and dependent upon the previous action
of the National Government in the exercise of the dele-
gated authority. Unless, under the latter, the Citizens
are enrolled and organized into Companies, Battalions,
Regiments, Brigades, and Divisions, the character, rank,
and authority of the Officers to be appointed by the
States cannot be determined ; for the offices dependent
upon this organization not being created, no appointments
could be made. And again, unless Congress prescribe
the discipline, the reserved power to the States to train
the Militia, which is restricted to the mode of discipline
thus to be prescribed, does not practically exist. It will
readily be admitted, that the states could not adopt an
organization, nor enforce a system of discipline of their
own. A failure on the part of Congress to enrol for
organization, would devolve no more right upon the
states to direct that enrolment, than a failure to exercise
any other of the delegated powers, such as the coining

MESSAGE. 455

of money, passing acts of naturalization, or of bank-
ruptcy, establishing Post offices, &c., would authorize
the State Governments to pass Laws for the accomplish-
ment of such objects. By the 10th Article of the Amend-
ments to the Constitution, it is declared, that "the
powers not delegated to the United States, nor prohibited
to the states, are reserved to the states respectively, or
to the people." The expression is in the disjunctive,
and by an obvious and just construction, if the power be
either thus delegated, or prohibited, it no longer remains
to the states. On the other hand, the exercise by Con-
gress of the delegated power imposes the obligation upon
the states to act in conformity to it, under their reserved
authority. They are bound to provide for the appoint-
ment of officers, according to the manner of organization,
and also to require the trainings in pursuance of the disci-
pline which may be prescribed. Otherwise, the reserved
are repugnant to, and destructive of, the delegated pow-
ers. If the states may be at liberty to refuse to provide
for the election and appointment of officers, and the
trainings of the Militia, the power to organize and to
discipline becomes utterly nugatory. Without officers
there can be no such thing as military organization, and
without training there is no military discipline. When-
ever, therefore, under the Constitution, Congress provide
for the organization of the Militia, the respective states
are bound to the appointment of officers appropriate to
that organization ; and they are no less obliged to give
effect to the instruction, which is required by the system
of discipline which is prescribed. Both these obligations
rest upon the same authority. It will not be pretended
by any one, that the Legislature of a state may neglect
to enact, or may repeal an enactment, by which the offi-
ces, created under the form of organization provided by

456 MESSAGE.

Congress, may be filled. Neither can it be more compe-
tent to prevent the trainings, which may be necessary
for instruction and practice in the prescribed discipline.
The objection against the Bill may well rest here, if it
can be shown that it contravenes the authority exercised
by Congress, either in directing the organization, or pre-
scribing the discipline of the Militia. That such is the
case, I will now endeavor to make manifest by comparing
the Law of the United States, in a few particulars, with
some of the provisions of the Bill from the Legislature.

By the third section of the Act of Congress, entitled
" An Act more effectually to provide for the national
defence, by establishing an uniform Militia throughout
the United States," passed May 8, 1792, and yet in full
force, it is required, that the Militia of the respective
states shall be arranged into Divisions, Brigades, Regi-
ments, Battalions, and Companies, as the Legislature of
each state shall direct. The mode of arrangement is
made imperative upon the states. The Legislatures are
to direct how it shall be effected, by reference to locali-
ty, and the association of minor corps to constitute
larger bodies, as, for instance, to determine within what
limits a company shall be formed ; what companies shall
compose a battalion or regiment ; and what regiments
a brigade, &:c. : but they are not at liberty to dispense
with, or change the jirescribed arrangement. The ob-
ject of the act professes to be, to establish an uniform
militia throughout the United States, and this uniformity
was intended to be secured by a like organization of the
whole militia into divisiojis, brigades, regiments, &c.
The sound and practical construction of this provision
has been, that with Congress rests the form of the ar-
rangement, while it is devolved upon the states to direct
the means by which it shall be accomplished. Accord-

MESSAGE. 457

ingly, the organization of the militia has been made to
conform to the prescribed arrangement, by the distribu-
tion of it into the various corps mentioned in the act of
Congress ; and it is believed, that no pretence has ever
been made to an authority, by the state legislatures, to
depart from this organization. The legal position, that,
under the Constitution and Law of the United Stales,
the states are bound to regard this prescribed arrange-
ment in their legislation upon the militia, is too obvious to
require to be enforced by argument.

It being then seen, that Congress has required the ar-
rangement of the militia by divisions, brigades, regi-
ments, &c., it becomes necessary to refer to another pro-
vision of the Law, which has respect to the mode of
constituting these corps. In the section before cited, it
is declared, " that if the same be convenient, each brig-
ade shall consist of four regiments, each regiment of
two battalions, each battalion of five companies ;" and
by the fourth section of the same act, it is further provid-
ed, " that out of the militia enrolled as is herein direct-
ed, there shall be formed, for each battalion, at least one
company of grenadiers, light infantry, or riflemen."
Although, by the former of these provisions, the number
of inferior corps to constitute one of higher rank is
made, in some degree, contingent, depending upon the
convenience with which such corps may be brought to-
gether, yet the language of the latter provision is man-
datory in requiring one company, at least, of lio;ht
troops, as a component part of each battalion. There
shall be formed out of the enrolled militia, for each bat-
talion, at least, one such company, is the positive enact-
ment of the statute. The obligation to do this, is no
less peremptory, than to form the battalion itself. These
companies, in whatever proportion they exist to the

458 MESSAGE.

standing infantry, are to constitute parts of the higher
divisions of the militia. Wherever they are formed, they
are to be included in the arrangement before pre-
scribed of divisions, brigades, regiments and battal-
ions ; not organized by themselves into distinct and sep-
arate corps of similar rank, but united and embodied
with other companies, to constitute those corps, respec-
tively. The light infantry, grenadiers, or riflemen,
are thus to be made a portion of, and become identified
with, the battalions and regiments of infantry, and no
other disposition of them will the Law of Congress per-
mit. Such is the clear, precise, and unequivocal rule of
organization for the militia, and the prescribed arrange-
ment for its various light infantry corps. The law re-
quires, absolutely^ that there shall be divisions, brigades,
regiments, battalions. It authorizes, in the manner of
forming these, a regard to convenience ; but it enjoins,
without qualification^ that the light infantry, grenadiers,
and riflemen shall be formed out of the enrolled militia,
and, together with the standing companies, constitute
the battalions and regiments of infantry.

By the Bill offered (or my approval, by the Legislature,
in the second section, it is required of " the Command-
er in Chief, with the advice of Council, to organize, as
speedily as may be, the several Volunteer Companies of
Light Infantry, Riflemen, and Grenadiers, in each Di-
vision of the Commonwealth, into Regiments or separate
Battalions," thus detaching these Corps from the Regi-
ments of Infantry of which they are now component
parts. To my apprehension, this would be a palpable
violation of the rule of arrangement prescribed by the
paramount authority. Congress, says the Constitution,
shall have power to provide for organizing the Militia.
In the exercise of this power Congress has provided,

MESSAGE. 459

that, in the organization of each Battalion, there shall
be at least one Company of Light Troops. The Legis-
lature of the State now propose, that these Troops shall
be arranged by themselves, under a different organiza-
tion, and thereby the existing Regiments and Battalions
be deprived of this connexion. Besides, it seems not
to be contemplated by the Bill, that the reorganization
shall extend beyond the Light Corps. When, therefore,
these are detached from the existing Regiments, these
Regiments, in many instances, will be so greatly reduc-
ed as manifestly to impair their constituent proportions,
and thus, here again, in a great degree, the uniform or-
ganization, which in reference to numerical strcnoth,
was designed in the composition of each Corps, by the
Act of Congress, will still further be defeated.

It is, therefore, because, that the organization propos-
ed in the Bill from the Legislature, is repugnant to the
arrangement required by Congress, that I object, in this
particular, to the enactment. In all the modifications
of the Militia, which have, at any time, been attempted
by State authority, the plan of an entirely separate or-
ganization of the Light Troops of Infantry, into distinct
Regiments and Battalions, has never before been suo--
gested, as either competent or expedient. To my mind
it seems a clear position, that it cannot lawfully be
adopted, and consistently with this opinion, and a sense
of obligation to support the Constitution of the United
States, I could not consent to become an instrument in
its execution.

There is another Constitutional point of view in which
the proposed arrangement is to be regarded, in its effect
upon the authority of Congress to provide for disciplin-
ing the Militia. This is one of the expressly delegated
powers. Accordingly, Congress, by various Acts, at dif-

460 MESSAGE.

ferent periods, have established rules of instruction and
discipline for the Militia throughout the United States,
and enjoined the duty of causing the Troops to be exer-
cised and trained in the respective Corps, into which
they are arranged, agreeably to these rules. By the 7th
Section of the Act of 1792, it was enacted, that "the
rules of discipline approved and established by Con-
gress, in the Resolution of the 10th of March, 1779,
shall be the rules of discipline to be observed by the Mi-
litia throughout the United States, except such devia-
tions from such rules as may be rendered necessary by
the requisitions of this Act, or by some other unavoida-
ble circumstances." And it was made "the duty of the
Commanding officer, at every muster, whether of Bat-
talion, Regiment, or single Company, to cause the Mili-
tia to be exercised and trained agreeably to said Rules
of discipline." By a subsequent Act of Congress, pass-
ed May 12th, 1820, so much of the afore-recited section
as " approves and establishes the rules and discipline of
the Baron De Steuben," (which are the rules referred
to in said section) and enjoins them to be observed by
the Militia, throughout the United States, was repealed,
and, instead thereof, it was enacted, " that the system
o( discipline and Jield exercise, which is, and shall be or-
dered to be observed by the regular army of the United
States, in the different Corps of Infantry, Artillery, and
Riflemen, shall also be observed by the Militia in the
exercises and discipline of said Corps respectively,
throughout the United States." A still later Act, pass-
ed on the 2d of March, 1829, provides for the distribu-
tion of an "Abstract of Infantry Tactics, including exer-
cises and manoeuvres of Light Infantry and Riflemen,
for the use of the Militia of the United States." In the
Bill now presented to me, all the foregoing provisions of

MESSAGE. 461

the Law of Congress are disregarded, and by its passage
into a law, would practically be annulled. The system of
discipline and field exercise required to be observed by
the Militia, which has reference to Regiments and Bat-
talions, could only be practised by the Light Troops,
under the contemplated new organization. These com-
pose but about one fourth part of the enrolled Militia of
the Commonwealth. To the standing Companies of In-
fantry, which it is proposed shall be assembled only on
the first Tuesday of May, and by Companies, there could
be no instruction in field exercise, in the respective
Corps of Regiments and Battalions, into which they
would still remain nominally arranged, nor could the
exercise and manoeuvres, taught in the Abstract of In-
fantry Tactics, be introduced among them, or the duty
enjoined upon the Commanding Officer, at every Mus-
ter, whether of Battalion or Regiment, to cause the Mi-
litia to be exercised and trained according to the pre-
scribed rules of discipline be discharged, for the Muster
of the Battalions and Regiments being prohibited, these
commands, for the purposes of training and exercise,
would virtually cease to exist.

But in a more direct and violent manner are the pro-
visions of the law of the United States, in respect to the
office of Brigade Inspector, contravened \fy this Bill.
Recurring again to the Act of 1792, it is made " the duty
of this officer to attend the Regimental and Battalion
meetings of the Militia, composing the several Brigades,
during the time of their being under arms, to inspect their
arms, ammunition, and accoutrements, superintend their
exercise and manoeuvres, and introduce the discipline
before described" (that is the discipline prescribed by
Congress) " throughout the Brigade, agreeable to law,
59

462 MESSAGE.

and such orders as he shall from time to time receive
from the Commander in Chief of the State."

It is further made the duty of the Brigade Inspector
" to make returns to the Adjutant General of the State,
at least once in every year, of the Militia of the Brigade
to which he belongs, reporting therein the actual situa-
tion of the arms, accoutrements, and ammunition of the
several corps, and every other thing which, in his judg-
ment, may relate to the government and the general ad-
vancement of good order and military discipline." To
the discharge of these specially assigned duties, the
Musters of the Regiments and Battalions are indispensa-
ble. The law constantly has reference to such assem-
blages of the troops, and not a single one of its numerous
injunctions upon the Brigade Inspector could otherwise
be observed. He can no longer perform the service
which is most essential to the preservation of the effi-
ciency of the Militia, and which more than any other object
is the special regard of the law, the inspection of the
Arms and Equipments after the Reviews, as these, which
afford the only opportunities for the purpose, are abol-
ished. Neither can he, as it is expressly directed he
should do, superintend the exercises and manoeuvres of
the Troops, while under arms, and introduce the system
of discipline, before described, throughout the Brigade,
nor make the Report which is required of him, annually,
to the Adjutant General, in the particulars enumerated,
if the meetings of the Corps of Militia, which he must
personally attend, to enable him to do any one of these
things, are prohibited.

It may have been assumed, that the annual examina-
tion of arms by the Commanders of Companies, on the
first Tuesday of May, supersedes the occasion of the
Regimental or Battalion Musters. But in this, there is

MESSAGE. 463

entire fallacy. The May Inspection is a measure alto-
gether of State authority, not enjoined or recognized by
the law of the United States, and I hesitate not to ex-
press the opinion, that it does not, and that it cannot
answer the requirements of that law. It is not such an
Inspection as the paramount authority of Congress de-
mands ; — an inspection while the troops are under arms,
at Regimental or Battalion meetings, attended by the
Brigade Inspector, and where that officer inspects their
arms, ammunition and equipments, and superintends their
exercise and mancEuvres, and from which he makes his
Report of the actual situation of the several Corps, and
" every other thing which in his judgment may relate to
their government, and the general advancement of good
order and military discipline." A brief comparison of
the provisions of the law of the State with that of Con-
gress will shew, their diversity, in the most obvious and
decisive manner. By the Law of Congress, the Inspec-
tion is to be hij Regiments and Battalions, throughout the
Brigade. By the Law of the State, the examination of
Arms, on the first Tuesday of May, is to be by Compa-
nies. By the former, the duty of making the Inspection
is required of the Brigade Inspector. By the latter, the
inspection which is had, is by the Commanding Officer of
the Company. The Law of Congress requires, that the
Brigade Inspector shall superintend the exercise and
manoeuvres of the Troops, and introduce throughout the
Brigade the discipline prescribed by that law. The law
of the State, if this Bill passes, will allow of no such
superintendance. and permit no instruction in the pre-
scribed discipline ; for by denying the right to assemble
the Troops, except by Companies, and on the same day,
throughout the whole extent of the Brigade, the pres-
ence of the Brigade Inspector, with the several corps,

464 MESSAGE.

whether for the superintendance of their exercises or the
introduction of discipline among them, is rendered pjhsic-
allj impracticable. The duty enjoined upon the Adjutant
General to make his Returns to the Commander in
Chief of the State, and to the President of the United
States, is also interfered with, for the ability to execute
this duty presupposes the subordinate action of the Brig-
ade Inspector in making his Reports. Nothing can be
more plain than the relation, in this particular, in which
these officers are placed to each other. The services re-
quired of each, are to be performed in a natural and con-
sistent order. The Brigade Inspector is first to make
the Inspection. He is then to report the result of that
inspection to the xAdjutant General ; — and the latter offi-
cer, from the Reports of all the Inspectors, is to prepare
his Abstract, which is to exhibit, in one certain and pre-
cise view, a Return of the actual condition of the whole
Militia of the Commonwealth. For this, nothing can
supply a deficiency of the Reports of the Brigade In-
spectors. The Rolls of the Companies are not sufficient,
for they shew only the command, with the rank and file
of the Platoons. They reach not the Field and Staff
organization, and returns, made from these Company
Rolls, would be imperfect in all the particulars of the
arrangements, equipments, and discipline of the higher
grades, both of Officers and Corps.

Another legal objection to the Bill, upon its face, is
found in the absence of any provision for determining
the rank and commissions of the Officers to be chosen
or appointed to the Regiments or Battalions, under the
proposed organization. The Act of the Commonwealth
" for regulating, governing and training the militia,"
passed March 6, 1810, in the 14th Section, provides, that
in each Brigade, where there are now, or may hereafter be

MESSAGE. 465

two Companies of Artillery, they shall form a Battalion
and be entitled to a Major, an Adjutant, and a Quarter
Master ; — that in each Brigade, where there are now or
shall hereafter be three Companies of Artillery, they
shall still form one Battalion ; — and that, in each Brig-
ade, where there are now or may hereafter be four Com-
panies of Artillery, they shall form a Regiment of two
Battalions, and be entitled to a Lieutenant Colonel Com-
mandant, since altered to a Colonel. A similar provi-
sion is made in the 15th Section, in relation to the Caval-
ry. But the ]»resent Bill is silent in respect to the man-
ner in which the Regiments and Battalions, into which
the Light Infantry, Grenadiers and Riflemen are to be
arranged, shall be officered. In the Infantry there are
now no separate Battalions, and none such are recognized
by the Laws of the United States. By the rules and
regulations established for the Field exercise of the Mili-
tia, each Regiment forms one Battalion for manoeuvering,
the whole body commanded by a Colonel, and the wings
by a Lieutenant Colonel and a Major. How then, shall
be the rank of the Commanding Officer of a Battalion
of Light Infantry ; and what the Staff attached to such
command ? Unless the Law determines these questions,
no Commissions can be issued. Admitting therefore, for
the purpose of the argument, that the power of State
Legislation over the Militia is competent to the proposed
organization, its imperfect exercise in the details of the
present Bill would defeat the ends of the enactment.

In one other particular is the Bill manifestly defective.
The 3d Section makes it " the duty of the Adjutant
General to furnish from the Arsenals of this Common-
wealth, or otherwise, to each volunteer Company of
Light Infantry, Riflemen and Grenadiers, who shall apply
for the same, suffirient Tents, and Camp Equipage, and

466 MESSAGE.

a sufficient number of Musquets and Bayonets, or Rifles,
to supply each and every non commissioned Officer and
Private therein." By a report made to me by the Adju-
tant and Acting Quarter Master General, which I take
leave to transmit herewith, and beg permission to refer
to, as far as may be necessary in explanation of this part
of my communication, it appears, that there are 148 such
Companies in the Commonwealth. The Government is
not in possession of sufficient Tents and Camp Equipage
for these Corps, but a heavy expense must be incurred in
their procurement, for which no appropriation is made in
the Bill. This omission must render the provision inef-
fectual to the accommodation of the Troops, in these
supplies, the present season, without which it is reasona-
bly to be inferred, the Legislature did not intend the new
organization should take effisct. It is also represented
in the Report, that the Arms in the Arsenal are alto-
gether unsuited to the use of Light Troops, being too
cumbrous for their manner of exercise, and intended only
for heavy infantry, in actual service. If this in fact be
so, and the Adjutant General, under the broad authority
conferred by the language of the Bill, " to furnish from
the Arsenals, or otherivise, to each Company of Light
Infantry, Riflem.en and Grenadiers, who shall apply for
the same, a sufficient number of Musquets and Bayonets,
or rifles, to supply each non commissioned Officer and
Private therein," may procure appropriate arms by pur-
chase, a charge will be created to the Commonwealth, as
enormous, as 1 am well assured it must have been unan-
ticipated, by the Legislature.

Thus far the objections to the proposed enactment
have been confined to Constitutional and legal grounds.
There are besides, some considerations in respect to the
inconvenience and inexpediency of the contemplated ar-

MESSAGE. 467

rangement, which have suggested themselves to my mind,
in the little opportunity which has been afforded me
from other engagements, for the examination of the Bill,
since it was reported, and which I hasten very briefly to
present. It may not have been known to the Legisla-
ture, that within a recent period, the Executive Council,
at the expense of much time and labor devoted to the
subject, revised the Roster of the whole Militia, and by
many important modifications and changes, attempted to
adapt the arrangement of the Troops, in the various
Corps, to their better accommodation, and higher state
of efficiency. It was found, that the Militia had become
too much subdivided, and especially, that the Regiments
were too small, and the Officers disproportionately nu-
merous to the magnitude of their commands. Many of
these Regiments were therefore disbanded and consoli-
dated, under a new organization. In several instances.
Battalions of Artillery and Cavalry, constituted of com-
panies remote from each other, and whose meetings for
Review and Inspection were exceedingly burdensome,
were broken up, and the several Companies attached to
the Regiments of Infantry within the limits of which
they had been recruited. The number of Musters was
thus reduced ; Supernumerary Officers were discharged,
and the Troops g;reatly relieved. Under the operation
of the present Bill, all these ameliorations will be de-
feated. While the old Regiments of Infantry will re-
main, new Regiments or Battalions are to be created
from the detached Light Infantry, Grenadiers, and Rifle-
men, and for these, additional Field Officers are to be
commissioned. The Companies of Artillery and Caval-
ry must be again formed info Battalions, for as these
Corps are to continue subject to their present liabilities,
while the Regiments of Infantry are exempt from Re-

468 MESSAGE.

views, they can no otherwise be inspected. Nor is here
the greatest difficulty. The Companies of Light Infan-
try, Grenadiers and Riflemen, as component parts of the
local Regiments, are now restricted within convenient
limits. But to form them into separate Regiments or
Battalions will require, that present lines should be
wholly disregarded. In many parts of the state large
Districts must be embraced to constitute a single Regi-
ment, and in one of the most distant Divisions, whole
Brigades actually traversed, to bring together the smallest
Battalions. The skeleton Regiments of heavy Infantry
which would remain, after detaching the Light Troops,
would occasion a necessity for deranging these Corps,
and re-forming them in new and less compact associa-
tions, and this again affecting the Brigades, would ulti-
mately lead to an entire subversion of the present ar-
rangement of the Militia. I humbly submit, that such
consequential and extensive changes were not within the
desire or contemplation of the most earnest advocate
for the passage of the Bill. But the practical operation
of such a Lav/ would not rest in merely giving occasion
for a new organization of the various Corps of the Mili-
tia. Its inevitable tendency is to the destruction of the
Institution itself. Destroy the right to parade the Troops
for manoeuvre and exercise ; reduce the honors and the
duties of the Commanders of Companies to the call of a
roll and the examination of muskets and knapsacks once
in a year, and of Commanders of Regiments to the obli-
gation of attending the frequent elections of platoon
Officers in Corps which they are never to command un-
der arms, as will be the case, under the Bill, in all the
Regiments of Standing Infantry, and who, I ask, will
accept a commission ? And again, when all the propo-
sed exemptions are granted to the Standing Companies,

MESSAGE. 469

where, is that preference for the manner of performing
the common duty of Military service, which now upholds
the Volunteer Corps? Can they be recruited, under in-
creased burdens, while mere enrolment in the Militia
subjects the private of a Standing Company only to a
single appearance with his arms, once a year, in the
neighborhood of his residence ? The certain result
would be, the total disorganization of all the Corps ; —
of the Standing Infantry for the want of Officers, and of
the Light Companies for want of Members.

Of the political effect of the arrangements proposed
by the Bill, I forbear now to speak. On former and re-
peated occasions, my sentiments in relation to the adapt-
ation of a well organized Militia to our Civil Institutions,
and its importance to the preservation of National Inde-
pendence, and the administration of a Government of
Laws, have been unequivocally declared, and in these
sentiments, strengthened and confirmed by reflection
and observation of passing events, 1 still confidently
abide. Statesmen and Patriots of every period in our
history, have pronounced the Institution essential to the
maintenance of free Government, as the only organized
force for its protection, not inconsistent with civil liber-
ty. Military duty is an exaction of personal service from
the citizen, for the common safety, which he is no more
at liberty to refuse than any other tax legitimately im-
posed. The inquiry here, is not whether the authority
of Congress over the subject, has been discreetly exer-
cised, either in manner, or in degree. On such a ques-
tion there might be but little diversity of opinion. But
the matter of discussion is, the competency of the Legis-
lature to pass the present Bill; and with the objections
to it, which, necessarily, in a hurried, and I fear too im-
60

470 PUBLIC LANDS.

perfect manner, I have offered, I now humbly and re-
spectfully submit it, again, to your consideration.

LEVI LINCOLN.

Council Chainher^

March 28, 1833.

[Note. The above Message having been read in the Senate, the question
was taken, shall the Bill entitled "'an Act in further addition to an Act for
regulating, governing and training the Militia of this Commonwealth," pass,
notwithstanding the objections of the Governor : and there were six yeas,
and^i!ee?i nays. So said Bill was rejected.]

CHAP. XCIV.

RESOLVES

Jn relation to the Public Lands of the United States:.

March 28, 1833.

The Joint Special Committee of the Legislature, to
whom was referred so much of the Governor's Ad-
dress as relates to the Resckitions of the State of
Tennessee, on the subject of the Public Lands of the
United States, have attended to the duty assigned
them, and beg leave to submit the following Report.

The Committee, upon an examination of the Resolu-
tions referred to them, were of opinion, that the tenden-
cy and operation of the measures there recommendedy
could not be understood, without an investigation of the
various questions involved in a consideration ot the
rights and duties of the General and State Governments
in relation to the public domain. They have, according-

PUBLIC LANDS. 471

ly, with such aids as it has been in their power to ob-
tain, entered upon this investigation, and the report now
submitted contains the result of their inquiries.

The Committee have taken this course the more
readily, from a conviction, that although this Common-
wealth has a deep interest in the subject, it has, hither-
to, received from our citizens comparatively little atten-
tion.

It is not difficult to ascertain the causes of this apathy.
The lands are situated at remote distances from us, and
tlie administration of them has been necessarily confin-
ed to the General Government. The new States have
always claimed and possessed the principal agency in
their management and disposition. An examination will
show that, for many years past, the Committee on Pub-
lic Lands have been selected, almost exclusively, from
those States where these lands lie, and the recommend-
ations of these Conmittees have generally l)een adopted
without discussion.

As a necessary consequence, a course of legislation,
very liberal to the new States, has uniformly marked the
action of Congress upon this subject. The price of land
has been placed as low as it could be without exciting
the avidity of speculators; large grants have been made
to the new States, for public objects ; and when, by a
change of times, purchasers were unable to make pay-
ments without great difficulty, relief was afforded them
by a rehnquishment of a great portion of the debt. Not
a session of Congress passes, without some special legis-
lation in favor of some of the new States, by the dona-
tion of large tracts of the public land.

The Committee have no disposition to complain of
this liberal policy. They rejoice, that every request
fliade by the West, has been met with a spirit not only

472 PUBLIC LANDS.

of justice, but of generosity. They cannot, however,
but regret, that this liberality has given rise to preten-
sions which have no just foundation, and which can-
not be yielded to, without jeopardizing our most im-
portant interests. Under various pretences, and in
different forms, claims are now advanced, which if
granted, would soon make all the public lands the
property of the several States, within whose limits they
are situated. The grounds and extent of these claims
will be particularly stated in a subsequent part of this
report. They have been urged incessantly, for years,
and the extinguishment of the public debt has been
seized, as an occasion for renewing them with additional
confidence and pertinacity. It is quite manifest, that
unless this business is soon settled, by placing it on some
permanent basis, the whole interest of the general gov-
ernment must be sacrificed, or these lands must become
the occasion of dangerous local excitements, and corrupt
political combinations.

Under this impression the Committee have witnessed,
with much satisfaction, the effort which has been made
in the Senate of the United States, to effect an arrange-
ment of this question. The bill which has recently, for
the second time, passed that body, while it is very liberal
in its provisions for the new States, is still calculated to
secure, in a good degree, the essential rights and interests
of the rest. This bill provides substantially, that about
two millions of acres shall be granted to some of the new
States, in order to render the donations to these States
equal ; — then reserves to the States within which the
lands sold are situated, twelve and a half per cent, of the
purchase money, in addition to the five per cent, hereto-
fore allowed on the same account, and divides the rest of
the proceeds of the sales among the several States, in

PUBLIC LANDS. 473

proportion to their representative population ; to be ex-
pended by them for the purposes of education, internal
improvement, or colonization, at their election.

In the bill itself, and in the report by which it was in-
troduced, and the arguments by which it was defended,
another instance has been afforded of the mental forecast
and patriotism of that Statesman, with whom the meas-
ure originated, and by whose exertions it has been mainly
sustained. His name already stands identified with the
great sources of our union and prosperity, but should
the proposed measure succeed, there is no event of his
life on which his recollection will dwell with prouder
satisfaction, or which will more fully challenge the admi-
ration and gratitude of posterity, than the settlement of
the conflicting interests and claims growing out of the
public domain. The committee have appended to this
report, a copy of the proposed bill, in order that its pro-
visions may be more generally understood. Although,
as has been already remarked, its provisions in favor of
the new States are very liberal, yet it has encountered
from almost the entire delegation from those States, the
most determined opposition. Such opposition can only
be accounted for, by supposing that they claim and ex-
pect to obtain the whole.

The committee have thought it their duty to investi-
gate the foundation of these claims, and that they may
be properly understood, they would ask the attention of
the Legislature to a consideration of the origin and na-
ture of the title of the general government to the public
domain — the benefits of the present system of survey
and sale — the quantity and value of the public lands —
the advantages which would result from the passage of
the bill now before Congress — and the consequences to
this Commonwealth of a surrender to the claims of the

474 PUBLIC LANDS.

new States. When these subjects are well understood,
it will be comparatively easy to determine upon the jus-
tice and expediency of yielding to the demands of our
brethren at the West.

The title of the general government to the public do-
main, is d'erived either from grants by several of the
States, or from purchases made of foreign powers.

At the commencement of the war of the revolution,
several of the States possessed immense tracts of land,
lying principally west of the Alleghany mountains. The
title to these lands was generally acknowledged, but the
ownership of them was the occasion of much discontent
to the other States. They contended that as the war
was carried on by the united exertions of all, these un-
occupied lands ought to be regarded as something
wrested from the common enemy, and to be retained
for the general benefit. They further insisted, and
with much earnestness, that the several members of the
confederacy ought to be placed upon an equal footing ;
and that the ownership of these lands would confer upon
the States possessing them, a permanent superiority
over those destitute of this source of revenue. So
strong was this feeling, that some of the States, Mary-
land in particular, for a long time refused to join the
confederation of 1777, and at last only consented, be-
cause, to use her own words, " it hath been said, that
the cominon enemy is encouraged by this State not
acceding to the confederation, to hope that the union
of the sister States may be dissolved, and therefore pros-
ecute the war in expectation of an event so disgraceful
to America."

To remove this difficulty. Congress after having re-
commended to the several States a cession of these
lands to the general government ; by a resolution of

PUBLIC LANDS. 475

Oct. 10, 1780, among other regulations, provided, " that
the unappropriated lands which may be ceded or relin-
quished to the United States, pursuant to the recom-
mendation of Congress of the 6th day of September last,
shall be disposed of for the common benefit of the Uni-
ted States." This recommendation and pledge were
met by the several States with that spirit of disinterest-
edness which distinguished the age, and in the course
of a few years, the States of New York, Virginia, Mas-
sachusetts, Connecticut, South Carolina and North
Carolina, ceded to the general government, almost the
entire western country. In 1802, a further cession was
obtained by an agreement with Georgia. The arrange-
ments relating to these cessions, were entered into with
great care and deliberation. Congress, by the ordi-
nance of July 13, 1787, in relation to the Northwestern
Territory, gave an assurance that the trust resulting
from the cessions which had been, or might be made,
would be faithfully and wisely executed. By tliis cele-
brated ordinance, which was the work of a distinguished
citizen of Massachusetts, who yet lives to witness the
result of his sagacity and patriotism ; the blessings of a
free government, a liberal public provision for educa-
tion, and a perpetual exclusion of slavery were secured
to the persons who should settle on these lands.

The ceding States on their part, in order to prevent a
recurrence of that inequality which induced them to
make the cession, and as if in anticipation of the claims
now so strongly urged, accompanied their deeds of ces-
sion, with conditions so expressed as to leave no room
for doubt as to their intentions.

The expressions in the deed of Massachusetts are,
that they " transfer, &c. to the United States of Amer-
ica, for their benefit, Massachusetts inclusive," &;c.

476 PUBLIC LANDS.

The language of Virginia, whose cession was prior to
that of Massachusetts, conveys the same idea in a still
more explicit form. It is as follows : " All the lands
within the territory shall be considered as a com-
mon fund, for the use and benefit of such of the United
States as have become, or shall become members of the
confederation or federal alliance of said States, Virgin-
ia inclusive, according to their usual respective propor-
tions in the general charge and expenditure, and shall
be faithfully and bona fide disposed of for that purpose,
and for no other use or purpose whatsoever."

The form of expression varies somewhat in the deeds
of the other States, but all contain a clear expression of
an intention to cede the lands to the General Govern-
ment, for the common benefit.

Upon the formation of the Constitution, this great in-
terest was not overlooked. By sect. 3, art. 4, it is pro-
vided, that "the Congress shall have power to dispose
of, and make all needful rules and regulations respect-
ing the territory or other property belonging to the Uni-
ted States."

In the opinion of the Committee, there can be no
question as to the rights and duties growing out of these
proceedings. For all beneficial purposes, the several
States are the owners of these lands, as a common fund.
The power of Congress is merely that of a trustee,
bound to administer the fund for the equal benefit of
all. The General Government has no more right to dis-
tribute this fund partially, — to give to one State, and
withhold from another, — than the trustee of an heredit-
ary estate has to appropriate it unequally among the
heirs. It does not affect the right in this case, that if
Congress should choose to disregard these obligations,

PUBLIC LANDS. 477

there is no tribunal before which it can be arraigned,
and compelled to do justice.

The public lands, not included in the cessions of the
States, were obtained by the purchase of Louisiana and
the Floridas. In regard to these, there would seem to
be no room for question. They have been paid for out
of common funds, and all analogy and reasoning concur
in considering them as common property. If any addi-
tional reason were wanting, it would be found in the
fact that the proceeds of the sales of all the public
lands, fall about ten millions of dollars short of repaying
the money which has been paid for them, with interest.

The Committee have already remarked, that a claim
is made by the new States, to the whole of the public
lands. As this claim varies very much as it is advanc-
ed by different States, or individuals, they propose to
make a statement of the nature and extent of these de-
mands, somewhat in detail, and to accompany the state-
ment with some remarks upon their validity.

It is said that it is inconsistent with the sovereignty
of the States, that a foreign power (and such the advo-
cates of this doctrine are pleased to denominate the
General Government,) should be the owner of lands
within their limits. There is much in the theory of State
rights and State sovereignty, as expounded by some
modern politicians, at once puzzling and alarming. It
is very difficult to comprehend the reasons by which
they support their doctrines; but it is quite easy to see
that these doctrines, if adopted, would put a speedy end
to the Union. Without, however, undertaking to dis-
cuss this argument in the abstract, it will be sufficient
to remark, that the States interested in the present
question, have no right to avail themselves of it. Their

existence as States, is the mere result of the arrange-
61

478 PUBLIC LANDS.

ments detailed in the former part of this report. It is
in virtue of the compact entered into, when the lands
were ceded, that these States have been admitted into
the Union — and they cannot deny the validity of what
lies at the foundation of their political existence. Nor
has any State ever acted in consistency with this doc-
trine ; all are anxious to obtain grants from Congress,
and every application is an admission of the title of the
General Government. Besides, the title of individuals
residing in these States, to their lands, is derived from
Congress. The doctrine now under consideration, if
true, would render all these titles invalid, and transfer
the ownership of all the land to the several Slates, in
their corporate capacity.

It is contended by some, that these lands were a fund
set apart for the payment of the public debt, and that
they should be given up to the several States, when that
object is acconiplished. It is difficult to perceive the
force of this argument, when urged as a matter of right.
It is in contradiction to the terms of the deeds of ces-
sion; and is unsupported by any evidence that such was
the understanding, either of the General or State Gov-
ernments. But if the ground of the argument were ad-
milted, it would not support the conclusion which is
attempted to be founded upon it. If the lands were ap-
propriated as a fund for the payment of the public debt,
or, as the argument is sometimes stated, of the debt of
the revolution, then they are to be held until they have
discharged the whole of this debt. Now it is well
known, that the public lands have fallen far short of
paying the debt of the revolution alone. The whole
amount received from the sale of these lands, by the
General Government, is but about forty millions of dol-
lars. The debt of the revolution was about two hun-

PUBLIC LANDS. 479

dred millions. If this debt has been paid from other
sources, the public lands are still holden, in equity, to
reimburse that sum. When this sum of two hundred
millions of dollars, with interest from the tirne of the
revolution, shall have been paid from the public lands,
it will be proper to give this argument a fitting consid-
eration.

Those who admit that the above positions are unten-
able, and a majority of the people of the new States
may be included in the number, contend that the lands
are of very little consequence to the United States,
hardly defraying the expense of their management —
that the inhabitants of these States are poor, and the
government sales drain the country of its money — that
the surveyed lands remaining unsold, are refuse, and of
little value — and that, for these reasons, and to avoid
the collisions which must be expected to arise from a
mixed jurisdiction, the price of the lands ought to be
greatly reduced, and all which have been surveyed and
remain unsold for a limited time, should be ceded to the
several States where they are situated.

The grounds of this last claim will be better under-
stood, after a statement of the operation of the land
system as now established, and the quantity and value
of the lands.

The outlines of the present land system may be brief-
ly stated as follows. The land is surveyed into townships
six miles square — then divided into thirty-six sections of
640 acres each — these again are subdivided, until the
whole (when requested by purchasers,) is offered for
sale, in lots of 40 acres each. One section is reserved
for the purposes of education, and the rest is sold at
first at auction, to those who will give more than oiie
dollar and twenty-five cents per acre, and what remains

480 PUBLIC LANDS. '

is then sold at private sale, for that price. To meet the
wishes of every variety of purchasers, more than 160
millions of acres have been surveyed, although less than
30 millions have been sold since the first establishment
of the systen). Including the sections set apart for the
purposes of education, more than eleven millions of acres
have, in the same period, been granted to the new states.

In the opinion of the Committee, this system com-
bines, to every attainable extent, security of title, cheap-
ness of price, certainty of boundaries, and a choice of
soil and climate. It is in successful operation, and ought
not to be disturbed.

The quantity of land belonging to the General Govern-
ment, including that to which the Indian title is not ex-
tinguished, is more than one billion of acres — a domain
large enough for the formation of empires. In estimat-
ing its value, it would not be correct to consider the
whole as now worth the price by the acre, at which pub-
lic lands are sold. The reason is, that no present market
can be found for this immense quantity. It will probably
take centuries to dispose of the whole. It would be a
more accurate rule, to consider the annual sales as the
interest or income of a certain amount of capital ; in
which case, the lands would be worth as much as a capi-
tal yielding that amount of interest. These sales now
average three millions of dollars annually. In the year
1831, they exceeded that sum by more than half a mil-
lion of dollarsc The last year, owing to the frontier war
and the cholera, they fell short of that amount by about
the same sum. This interest of three millions, would
give a present capital of fifty millions of dollars. But as
population increases, these sales will be constantly aug-
menting. Taking the increase of population as the
measure of the increase of sales, (and an examination

PUBLIC LANDS. 481

will show that the sales have hitherto increased in a
much more rapid ratio,) the annual amount of these sales
will double once in twentj-five jears. That it will
double much sooner is manifest from the fact, that of
about forty millions of dollars received from the sale of
lands since the organization of the government, six mil-
lions, being more than one seventh of the whole, have
been received from the sales of the last two jears.

Should the proposed bill become a law, the annual dis-
tribution to which Massachusetts would be entitled, when
the whole sales amount to three millions of dollars, would
be $121,225 4L

The annual receipt of this sum would be more valuable
to the state than a capital of two millions of dollars, well
invested, and this capital, it should be borne in mind,
would be constantly increasing, in the ratio above stated.
Should peace continue, there can be but little doubt
that this fund could be relied upon as a permanent reve-
nue in aid of all the purposes to which it is applicable.

It is true that the quantity of land will be constantly
diminishing, as the sales go on, and that the whole will,
in this way, be ultimately exhausted ; but as this will
be the work of centuries, it is for all the purposes of po-
litical calculation, almost the same as if the quantity were
inexhaustible.

The Committee, in view of this statement, leave it to
the wisdom of the Legislature to Judge, whether the in-
terest of the Commonwealth, in the public domain, is so
trifling, that it is expedient to give it away to the people
of the west. It may however, be proper to notice brief-
ly what is said about refuse lands and the effect of the
present laud system in draining the country of money.

The argument of those who consider the unsold lands
as of little value is, that if this were not the case, they

482 PUBLIC LANDS.

would have been sold. — The answer is, that the quantity
in the market is so great that no purchasers can be found
for the whole. Less than forty millions of acres have
beendisposcd of since the establishment of the system, and
more than one hundred and sixty millions have been sur-
veyed. The lands have been purchased as fast as they
have been wanted by settlers, and if the quantity in the
market had been increased tenfold, the amount of sales
would not have perceptibly varied. This refuse land, as
it is called, lies in a region containing probably less of
waste land than any other portion of the globe; and the
quantity in any state or territory, bears a very exact
proportion to the newness of the settlements. For in-
stance, Ohio has now but about five millions of acres re-
maining unsold, and these are selling rapidly ; while Illi-
nois has more than thirty-three millions — and yet Ohio
has more poor land, in proportion to its territory, than
Illinois. It is to be further considered, that the enhanced
value given to inferior soils by the settlement of the
country, will create a constant demand for those tracts
which are passed over by the first purchasers — so that
nearly the whole will in time be disposed of at the pre-
sent prices.

The complaint of draining the country of money, by
the operation of the present land system, would probably
be wholly removed, by the passage of the proposed bill ;
at least, it would leave the new states as well off in this
respect, as the old. The dividend and the seventeen
and a half per cent, to which they would be entitled,
would probably amount to as much as the sum which the
citizens of any new state would pay to the General
Government annually, for the purchase of land. The
rest of the purchases must be made by emigrants, who
would obtain their money from the other states. It is

PUBLIC LANDS. 483

well known, that in New-England, a large proportion of
the slowlj accunnulated earnings of our farmers, is ex-
pended in the purchase of new lands, and in the outfit of
those who emigrate.

^Should the proposed bill become a law, there is no
danger that the system thereby established, will be lightly
abandoned. Now there is ground for constant apprehen-
sion, that the whole will be sacrificed to the promotion
of some party object. But once admit the states to
their just share in this great treasure, and no partizan will
be bold enough to propose its relinquishment, unless un-
foreseen events should present the subject in a new as-
pect.

There is another benefit which would result from the
proposed distribution, to which the Committee attach
great importance. At the present time, when the at-
tachment of the people to the Union is evidently weak-
ened, when the benefits and disadvantages of a separa-
tion of the states have become the subject of cool and
ordinary calculation ; whatever has a tendency to revive
an attachment to the General Government, and to make
every citizen feel that he has a direct interest in its pre-
servation, is deserving of special encouragement. No
measure of public policy can be imagined, better adapt-
ed to this objectj than the proposed distribution. Other
governments make themselves known by the scrutiny of
the excise-man, and the presence of the tax-gatherer.
We should be reminded of the existence of our own, by
the bounty which we should annually receive at its hands.
It is hardly possible, that any state would willingly fore-
go the blessings of such a union, for the desperate haz-
ard of a separate independence.

There remains for consideration one other view of the
subject, which in the opinion of the committee, is far

484 PUBLIC LANDS.

more interesting than any which has yet been contem-
plated. They refer to the effect of a relinquishment of
these lands, by the General Government, upon the agri-
cultural, and through them, the other interests of this
Commonwealth. If either of the various projects here-
tofore adverted to, should be carried into effect, the title
to all the public lands would vest in the States within
"whose bounds they lie, and that at no remote period. It
is not difficult to foresee the policy, which would, in all
probability, be pursued in their management. Large
tracts would be reserved, for the creation of a fund ade-
quate to all the objects of public expenditure, and the
sale of the remainder hastened as fast as practicable.
Each State would be anxious to attract settlers to itself,
and in the competition which would ensue, lands would
be sold for much less than their present price. It is al-
ready proposed to make donations of farms to actual set-
tlers. As the work of settlement went on, the reserved
lands, and the proceeds of those which might be sold,
even at a reduced price, would constitute a fund, which
would eventually be sufficient to defray every public ex-
penditure.

The effect of such a state of things, upon the pros-
perity of this Commonwealth, cannot be contemplated
without dismay. New England is often compelled to
listen to the taunt of possessing a bleak climate and a
barren soil. In comparison with the western and south-
western states, such is undoubtedly the fact. Our long
and severe winters, our uneven surface, our rocky, and
in some places sterile soil, the necessity we are under of
resorting to the laborious and expensive process of ma-
nuring— all place us in striking contrast with the inhabi-
tants of the milder regions of the west, where the charge
of providing for winter is hardly regarded, and where the

PUBLIC LANDS. 485

manure heap is considered by the cultivator as a nuisance.
Until recently, our readier access to market, gave us a
superiority, vvhich counterbalanced these advantages —
but the recent improvements in transportation by means
of roads, canals and railways, have, for all the purposes
of competition, brought the whole western world to our
doors. A given amount of produce can now be brought
from Buffalo to this city, for a sum considerably less than
it will cost to transport the same over land, from Con-
necticut river to the same place — so that a farm in the
vicinity of Buffalo, is worth more by the acre, to raise
any thing for the Boston market, that will admit of trans-
portation, than the same quality of land on the Connecti-
cut river. The same is true, with but little deduction,
in regard to all the land on the shores of Lake Erie, and
the navigable waters connected with it.

Under the present land system, it has required all the
industry and sagacity, for which the yankee farmer is
distinguished, to sustain himself against this fearful com-
petition. That he has not suffered much more, is owing
to the introduction and establishment of manufactures.
The committee, without going into a detail of the rea-
sons of their opinion, vvhich will readily suggest them-
selves to the mind, would state as the result of a careful
consideration of the subject, that but for the aid afforded
by the American System, both the property and popula-
tion of our agiicuLtural districts would have depreciated
to a great extent, pi'oducing such embarrassment and
distress as has not been known in any portion of this
country, by the present generation. It is now proposed
to prostrate these manufactures, by withdrawing that
protection which is essential to save them from undue
foreign competition ; and while undergoing the shock

occasioned by this measure, the farmer is called upon to
62

486 PUBLIC LANDS.

prepare for the consequences of the proposed change in
the land system. The Committee are anxious to invite
the serious attention of the good people of this Com-
monwealth to this anticipated state of things. They
would request of them, to institute a comparison between
themselves and the western cultivator, as they would
both be then situated, in respect to price of land, soil,
climate and taxation ; to add to these considerations
the fact, that while their own farms would be at best
stationary in productiveness and price, the farmer of the
new states would be growing rich by the rise in the
value of his land alone, and then ask themselves, how
they will be able to compete with him in a market equal-
ly accessible to both parties ?

It is difficult to attempt to estimate the effect of such
a competition upon the value of our farms, but the Com-
mittee are unable to perceive why the result must not

be ; that large tracts of land now under cultivation would

be abandoned, unless for occasional pasturage, that other
large bodies would barely defray the expense of their
management, and of those remainder, the value, and
consequently the price would be very much reduced.

The Committee do not make these remarks from any
feeling of hostility to the West, or from a wish to retard
them in their growth and prosperity. Nor are they in-
sensible to tlie advantages resulting even to the emigrat-
ing states, from this eligible resort for their surplus pop-
ulation. So long as the inducements to emigration are
as strong as they are now ; in other words, so long as it
is true that a common laborer can, from the earnings of
a sinMe year, save enough to purchase at the West a (arm
sufficiently large to maintain a family, labor must with us
receive a generous reward. It will be always true, that
the employer will be more dependant upon the laborer

PUBLIC LANDS. 487

than the laborer upon the employer. The Committee
rejoice to believe that this consideration is alone sufficient
to refute the objection, that our manufactories will create
monopolies, and produce an undue dependance of the
poor upon the rich. But while they would thus endeavor
to maintain the most amicable relations with their breth-
ren at the West, containing as it does, some branch of
almost every family in New England, they can see no
reason why we should be called upon to relinquish what
is our undoubted right, when such a relinquishment would
be almost necessarily fatal to our essential interests.
Massachusetts joined with the other states in ceding
these lands, that the several members of the confederacy
might be placed on equal grounds. She is now called to
relinquish her remaining interest in them, in order that
this inequality may be restored.

If any thing were wanting to confirm the views of the
Committee on this subject, it would be found in the con-
sideration, that the proposed change would be seriously
injurious to the western states. Aside from the increas-
ing value of their lands, the main source of the weaKh of
these states is the high price of their produce. For the
most of this produce the market is chiefly in the northern
and middle states, and is almost entirely dependant upon
our manufacturing establishments for its support. In the
nature of thing;=, such a market can only exist where
large masses of society are withdrawn from agricultural
pursuits, and the population is dense and prosperous.
Such is the present condition of the New England and
the Middle States. The leading policy of many of the
western politicians seems to be, to withdraw this popula-
tion from its present situation and locate it on their wild
lands. Could they succeed, the main result would be,
that while the amount of surplus produce would be great-

488 PUBLIC LANDS.

ly increased, the market for it would be almost utterly
destroyed.

It does not destroy the force of this argument, that
there is little or no transportation of produce from the
more remote regions of the west to the manufacturing
states. They are not the less benefitted on this account.
Those who live nearer to these states can the more readi-
ly supply this market. In the purchases which they
make for this purpose, however, they fix the price of all
the articles which they procure, and the drain which their
purchases occasion, leaves to the remoter regions the en-
tire market for ordinary home consumption, and the sup-
ply of the wants of the emigrants. In this way, their
surplus produce finds a ready sale at a high price. In
confirmation of this, it may be remarked, that ever since
the formation of a market by the establishment of man-
ufactories and the construction of the means of access to
that market, the produce of the new countries has com-
manded a price several times as high as it bore before
that period.

In the extended investigation which the Committee
have given to this subject, they have not been influenced
entirely by a consideration of its bearing upon the reso-
lutions of the State of Tennessee. Deeming the ques-
tion one of great moment, and which has hitherto but
partially attracted the attention of our citizens, they have
gone much more into detail than they otherwise would
have done. This examination however, will enable them
to express their views in regard to the resolutions them-
selves, in a few words.

These resolutions propose in substance, to sell all the
surveyed and unsold lands within the several states and
territories, at reduced prices, and to appropriate the

PUBLIC LANDS. 489

proceeds of future sales to the education of American
children.

So far as these resolutions recognize the title of the
General Government to the public lands, and the right of
Congress to distribute the proceeds of their sale among
the several states, they coincide with the views main-
tained by the Committee in the former part of this report.
But the Committee think that the purpose for which the
states are to be allowed to appropriate the money is too
limited, and that the sale of the lands at the reduced
prices evidently contemplated by the resolutions, would
for the reasons already stated, be an injudicious proceed-
ing. They have no doubt that the time will come, when
some portions of the land must be sold for less than the
present minimum price, but this object is too insignificant
to be put in competition with the danger of disturbing
the existing land system. They therefore respectfully
recommend, that this Legislature do not concur with the
State of Tennessee in the measures recommended bv
these resolutions.

The Committee however, are of opinion, that some-
thing should now be done by this Commonwealth in re-
lation to this subject. They believe that the attention
of our own citizens ought to be excited — that all proper
legislative action should be adopted — and every suitable
exertion made to procure the co-operation of other states,
whose interests are identical with our own. In this wav,
we may reasonably hope to obtain from the National
Legislature an acknowledgment o( our just claims, and
ultimately succeed in effecting an arrangement, which
shall secure the rights and interests of every portion of
the Union.

For this purpose, and in view of the various consider-
tions embraced in this report, the Committee would

490 PUBLIC LANDS.

close iheir labors by respectfully recommending to the
Legislature, the adoption of the resolutions which are
herewith submitted.

All which is respectfully submitted.
For the Committee,

D. WELLS.

Resolved, That as the public lands of the United
States were acquired either by cessions from the sever-
al States, for the general benefit, or by purchase by the
General Government, from the common funds, they
ought to be regarded as the property of the whole Uni-
ted States; and no State has an exclusive title or pecu-
liar interest in any ])ortion of the same.

Resolved, That Congress is trustee of the public
lands, for the equal benefit of all the States — and, as
such truslee, cannot, without a violation of duty and
moral obligation, make any partial disposition of the
same ; and that a surrender of these lands to some of
the States, without any, or for an inadequate consider-
ation, would be an infringement upon the rights of the
rest.

Resolved, That the present land system combines, to
every attainable extent, security of title, cheapness of
price, certainty of boundaries, and choice by the pur-
chaser, of soil and climate — and being in successful op-
eration, ought not to be disturbed.

Resolved, That this Legislature disapprove of the sev-
eral plans which have been proposed, for reducing the
price of the public lands ; inasmuch, as the price of land
is now so low, as to put it in the power of every indus-
trious citizen to purchase a farm — and as the vast quan-
tity of land in the market, and not the quality of the
soil, is the reason why so umch of it remains unsold.

DANIEL AUSTIN. 491

Resolved, That this Legislature approves of the bill
which passed both Houses of the Congress of the Uni-
ted Stales, for the distribution of the proceeds of the
sale of the public lands, among the several States, in
proportion to their representative population, and that
our Senators be instructed, and our Representatives re-
quested, to use their exertions to procure the passage
of this bill into a law.

Resolved, That His Excellency the Governor be re-
quested to transmit a copy of these Resolves, and the
Report preceding them, to the President of the United
States, the Governors of each of the States and Terri-
tories, and to each of the Senators and Representatives
of this Commonwealth, in Congress.

CHAP. XCV.

A Resolve in favor of Daniel Austin.

March 28, 1833.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to Daniel Austin, the
sum of eighty dollars, for his attendance as a member
of the House of Representatives, from the town of
Brighton, at the present session of the General Court ;
and that a warrant be drawn accordingly.

RESOLVES

On the Governor's Retirement from Office.

CTommonljPtalti) of iUHunatf^xmtU^.

House of Representatives, March 19, 1833.

The Joint Select Committee, appointed to consider so
much of the Governor's Address as announces the
determination of His Excellency to decline being a
candidate for re-election, have attended to the duty
assigned them, and ask leave to submit the following

REPORT.

The members of the Leg^islature are aware that, pre-
vious to the time when the present incumbent entered
upon the functions of Governor of the Commonwealth,
it was customary for the General Court to render a for-
mal response to the address or message which might
proceed from the Governor for the time being, at the
commencement of each political year. This usage was
discontinued, with the ready concurrence and approbation
of the present incumbent, for reasons unnecessary to be
detailed in this place, which have commended themselves
ever since to the imitation of each succeeding Legislature.
And your committee do not propose a revival, on this
occasion, of the ancient practice ; but considerations

REPORT. 493

applicable to that portion of the Governor's Address
which they have in charge, appear to them to suggest
and sanction some departure from the ordinary course of
proceeding, in regard to the communications of the
Executive.

It has been the fortune of the present incumbent to
hold the office of Governor for a greater number of years
consecutively, than either of his predecessors. Whilst
favored with such reiterated proofs of the particular con-
fidence of those among his fellow citizens, with whom
as constituting a party in Massachusetts, or the United
States, he stands in more immediate relation, it has also
been his fortune to enjoy the general respect of the peo-
ple of the Commonwealth. Having administered the
affairs of the government during so long a period, with
dignity, purity, and honor, he now announces to the Le-
gislature his resolution to withdraw from the responsible
and important station of Chief Magistrate, and to resume
the condition of a private citizen. Your committee
deem it alike due to the Governor, to the Legislature,
and to the Commonwealth, that in these peculiar cir-
cumstances he should carry with him into present retire-
ment, an expression of the opinion which the Legislature
entertain of his official services and character. Your
committee therefore recommend to the Legislature, the
adoption of the following Resolutions.

For the Committee,

CALEB CUSHING.

Governor LincoMs Declination.

Coinmontotaltij of M^^^^tl^^^^tiiu.

• \ ■lOir;

In the Year of Our Lord One Thousand Eight Hundred
and Thirty-Three.

Resolved, By the Senate and House of Representa-
tives, that this Legislature, in receiving, from His Excel-
lency Levi Lincoln, Governor of the Commonwealth,
the announcement of his intention, out of deference to
the repuhlican principle of occasional change in the
incumhency of elective offices, to retire from the guber-
natorial chair, at the expiration of his actual term of
service, are impressed with a lasting sense of the faith-
ful, honorable, and impartial performance of public duty,
which has distinguished his conduct in office ; that we
cordially tender him the expression of our esteem,
respect, and confidence, and of our wishes for his future
happiness and prosperity ; and that, regarding the flour-
ishing condition of our public affairs as largely owing,
under Providence, to his judicious administration of the
government, we unite with him in aspirations for the
continued welfare of the Commonwealth.

Resolved, That Messrs. Cushing, of Newburyport,
Sprague, of Duxbury, and Ashmun, of Springfield, with
such as the Senate may join, be appointed a committee
to communicate the present Report and Resolutions to
the Governor.

RESOLVES. 495

House of Representatives, March 19, 1833.

Read twice, and passed. Sent up for concurrence.
WM. B. CALHOUN, Speaker.

In Senate, March 21, 1833.

Read twice, and passed in concurrence ; and Messrs.
Wilder and Boise are joined on the part of this Board.

B. T. PICKMAN, President.

ROLL, No. 107 JAN. 1833.

The CoxMMiTTE ON Accounts^ having examined the
several accounts for the support of State Paupers, and
the accounts for Militia Services, presented to them,
report,

By order of the Committee,

ELIPHALET WILLIAMS, Chairman.

PAUPER ACCOUNTS.

ALL OF WHICH ARE TO JANUARY I, 1833.

Adams, for support of Phila Hill, Lydia Town-
send, Robert Harris, Sarah Dodge, Sarah
Goodrich, Agnes Mozes, and John Kimbe,
adults, 231 00

Ashfield, for support of Charles Simpson,

adult, ^g 50

498 PAUPER ACCOUNTS.

Amherst, for support of Jane Richardson, Pol-
ly Richardson, Sarah Jackson, Peter Jack-
son, Eloard Ranny, Mary Ann Jackson,
adults, and Angeline Palmer, a child, 196 06

Attleborough, for support of Mary Montgome-
ry, Ephraim Devenport, Elisha Patridge,
William Williams, adults, and Betsy Brome-
ly, Elenor Bromely, James Bromely, child-
ren, and funeral expenses, 127 00

Alford, for support of Orson Nichols, Wealthy
Harrison, adults, and Minerva Smith, a child,
and funeral expenses, 37 70

Abington, for support of Antonio Julio, and

Margaret Jack, adults, 13 20

Ashburnham, for support of William Stineger,

adult, and Hiram Stineger, a child, 58 56

Amesbury, for support of Robert Baker, James
Richards, Eunice Bickford, adults, and Mo-
ses Bickford, and Wm. H. Bickford, child-
ren, 106 22

Ashby, for support of John Alexander McRob-
erts and Charles Edward McRoberts, child-
ren, 42 84

Acton, for support of Thomas Jones, adult, 13 30

Andover, for support of 1 1 adults and 6 child-
ren, and funeral expense.?, 182 04

Blandford, for support of John H. Durlam, Su-
san Burdick, and Polly Burdick, adults, 103 00

Barnstable, for support of John Robinson, Han-
nah Ous, and Thomas Francis, adults, 72 95

Berkley, for support of James Cuddy and Ma-
ry Lindell, adults, 73 00

Becket, for support of Elizabeth Hamblin,

adult, and Jane Parker, a child, 58 40

PAUPER ACCOUNTS. 499

Belchertown, for the support of Hannah Lev-
ens, Susannah Mclnlire, Moses Kilbourn,
and Duty Darling, adults, 105 70

Burlington, for the support of John A. Pashoe

and Venus Rovve, adults, 73 00

Beverly, for the support of Dolly Claxton, Tho-
mas Anderson, Thomas Driscoll, Thomas
Rand, Thomas McCann, Bridget McCann,
and John Kelly, adults, Benjamin Cameron,
Martha Cameron, children, 78 18

Brookline, for support of Ann Patten, a child, 21 90

Boxborough, for support of Andrew Jackson,

a child, 20 52

Barre, for support of Dinah Baker, Anna
Humphrey, adults, Thomas S. Humphrey,
Gardner H. Huuiphrey, children, 45 52

Bridgewater, for support of John Churnut,
Jane Churnut, Paul C. Chute, Rachel El-
eba, Benjamin McHine, Hannah Fowler,
Zenas Rhine and wife, adults, 189 60

Boston, for support of sundry paupers, at the

House of Industry, 10,282 44

Boston, for the support of 43 children, in the

House of Reformation, 678 84

Boston, for supplies to sundry paupers, 3,713 00

Braintree, for support of Titus, adult, Maria

Ann Goweth, a child, 58 40

Bradford, for the support of Jeremiah Carter,
Elizabeth Carter, Kendall Fisk, adults,
Charles Carter, a child, 27 28

Bedford, for the support of Vilot Moore, two

years, adult, 73 00

Brighton, for the support of John J. Baker,

Jr., adult, 36 50

m^ PAUPER ACCOUNTS.

Brimfield, for the support of Thomas Corbin,
adult, Charles Trim, and George W. Payne,
children, 80 30

Cummington, for support of Brister Pierce,

adult, 36 60

Chester, for the support of Jenny Hardy, Ben-
jamin Powers, adults, 73 00

Cheshire, for support of Ephraim Richardson,
Molly Diamond, Noel Randall, Polly Coop-
er, Joel Lilley, Levi Pierce, Martin Blake-
man, adults, 231 2^

Carver, for support of Martin Grady, adult, 36 50

Colraine, for support of David Jackson, Cate
Yanvattenburg, adults, John, Thomas, and
Harriet Freeman, children, 83 70

Clarksburg, for support of Lovell Hill, Naomi
Hill, James Cook, adults, Malvira, William,
and Caroline Hill, children, 150 10

Charlton, for support of Robert Bennett, Cath-
arine Greene, David Salisbury, Penelope
Salisbury, John Miller, Joseph Humphrey,
adults, Catharine Green, Mary Ann Salisbu-
ry, Jonas H. Humphrey, children, 99 98

Chelsea, for the support of Betsy Jones and

John Watson, adults, 73 00

Cambridge, for support of 293 adults, 63 chil-
dren, and funeral expenses, 3,876 38

Conway, for support of Sally M. Murphy,

Hannah Hall, Robert Burgess, adults, 109 20

County of Essex, for the support of sundry

persons in the House of Correction, 983 20

County of Suffolk, for support of sundry per-
sons in the House of Correction, 651 42

PAUPER ACCOUNTS. 501

County of Norfolk, for support of sundry per-
sons in the House of Correction, 95 10

County of Middlesex, for support of sundry per-
sons in the House of Correction, 76 70

Chatham, for support of Patrick Gallaher, Pat-
rick Mullen, Thomas Sammon, Perez Cha-
nej, Bryan Queen, John Carter, Robert
Mc Clue, William Runey, Patrick Runey,
Thomas Davis, Michael Hersey, adults, 281 20

Chelmsford, for the support of Joanna Mc

Lane, and Francis Butler, adults, 36 40

Canton, for support of Matthew GafTery, a
■ child, 21 90

Concord, for support of James Riley, Thomas
Miles, Josephine Collins, Fitch Terrel, Sa-
muel Webster, adults, George Miles, Oli-
ver Miles, children, 47 14

Charlestown, for the support of 173 adults, 72

children, 4,280 56

Dallon, for the support of Hoose,

Mary Hoose, Elizabeth Elliot, adults, and

Charles Mc Kee, a child, 100 74

Deerfield, for the support of Prince Emanuel,

I-.ovina Wetherell, adults, 66 50

Dartmouth, for the support of Cuff Freebon,
James Jenkins, Mary Ann Suckermish, Eliza
Sweet, Emanuel Gory, William Johnson,
adults, and funeral expenses, 94 40

Dorchester, for support of William Paddock,
James Hickey, Elen Hickey, William Smith,
Dennis Flood, William Campbell, Henry S.
Seely, Eley Stone, adults, and 8 chil-
dren, 125 87
64

502 PAUPER ACCOUNTS.

Dennis, for support of Thomas S. Burchis, a

child, 21 90

Danvers, for support of 22 adults, 4 children,

and funeral expenses, 244 38

Dracut, for support of Thomas Jones, and Sa-
rah Percival, 5 70

Dedham, for support of Dorcas Jordan, Mary
Connor, Robin Clue, Harriet Thompson,
adults, and George Frost, Elizabeth B.
Mack, Mary Mack, children, and funeral
expenses, 66 08

Duxbury, for support of John Carnes and Sa-
rah Simmons, 60 50

Davis Henry, Guardian of the Dudley Indians,

for supplies to sundry Indians, 133 65

Enfield, for support of Deborah Butterworth,

adult, 36 60

East Bridgewater, for support of Lucinda Ne-
ro, Betsy Chase, Elihu Stephens, Meribah
Williams, Samuel Wood, Asa Mingals, Ro-
bert Seaver, Catharine Beal, Anna Richards,
adults, and 2 children, 299 68

Egremont, for support of Betsy Daley, Isaac
Freeman, Rosanna Van Guilder, alias Hum-
phrey, Reuben Van Guilder, Andrew Mc
Cannon, Peggy Mc Cannon, William Goul-
born, adults, and George A. Klime, a child, 227 00

Easton, for support of James Quindley, adult,

more than one year, 53 90

East Hampton, for the support of Submit Bai-
ley, adult, Ozius Bailey, Charles Bailey,
children, 80 30

East Sudbury, for support cf David Curtis,

and his funeral expenses, 35 10

PAUPER ACCOUNTS. 503

Essex, for support of John Coleman and

Charles Richardson, adults, 65 60

Foxborough, for support of Caroline G. Howe,

and Susan Rider, adults, 48 60

Fair Haven, for support of Lucy Perry, Ro-
bert Wilson, Margaret Wilson, William Wil-
son, William Jones, Michael Shahan, and
William Durfee, adults, and Anson L. F.
Perry, William S. Perry, Lucy Ann Perry,

and Joseph S. Perry, children, 147 24) . r ^ o*
and funeral expenses, 5 00 )

Freetown, for support of Edward B. Sanford,

Rhoda Sanford, John Palmer, Hannah

adults, Amos J. Sanford, Charles H. San-
ford, Edward B. Sanford 2d, David G.
Sanford, and Rhoda E. Sandford, children,
and funeral expenses,

Franklin, for support of Susan Parker, a child,

Fitchburg, for support of Paul Mc Donald,
and Edward Mc Bride, adults,

Granby, for support of Beulah Murray, adult,

Grafton, for support of Elizabeth Phillips and
Cornelius Johnson, adults, and Francis L.
Whittaker, Olivia Johns, and children, 81 66

Greenfield, for support of Abigail Taggart,
Olive Bates, adults, and Charles Lane, and
George White, Caroline Goland, children, 110 20

Groton, for support of Richard Brinton, adult,

and funeral expenses, 30 10

Granville, for support of Mary Barden, Sally
Stewart, adults, and Clarissa Barker, and
Chauncy Goodrich, children, 116 48

Great Barrington, for support of Joanna Por-
ter, Lucy Porter, Peter Smith, Sarah Smith,

162

604 PAUPER ACCOUNTS.

John McGeorge, adults, and Maria Rogers,

and Amarilla Wells, children, 204 72

Gloucester, for support of 22 adults, and 2
children, 547 30

Gill, for support of Mary Lawson, adult, S6 50

Haverhill, for support of Ann Copp, John
Gould, Ann Reed, James Smith, David
York, Daniel Watson, Lourane Patten,
Thomas Driscall, Elias Hazard, Catharine
Makin, William Brown, adults, John Q.
Adams, Robert Makin, Ann Jane Makin,
children, and funeral expenses, 168 75

Hadley, for support of Rebecca Allin, adult, 36 50

Hancock, for support of Silas Shipman, Sally
Shipman, Israel Clark, Mary Clark, Darius
Green, adults, John H. North, Phebe Ann
Jones, George W. Jones, children, and fu-
neral expenses, 123 34

Harwich, for support of James Robertson,

adult, 36 50

Holliston, for support of John B. Ford, Jose-
phine Collins, George Patterson, and John
B. Ford, adults, 40 70

Hawley, for support of Gilbert Graves, and

Mabel Barnes, adults, 72 80

Hanover, for support of Hannah Long, John

Hunt and wife, adults, and 3 children, 37 26

Hubbardston, for support of Daniel Mandell,

adult, 36 60

Halifax, for support of Jane Curtis, adult, and

Harrison Curtis, a child, 6 00

Hardwick, for support of Hannah Jonah, a

child, 21 96

Hanson, for support of Betsy Joel, a child, 36 60

PAUPER ACCOUNTS. 505

Ipswich, for support of John Obrion, Peggy

Carell, adults, and Sarah S. Lord, a child, 44 54

Kingston, for support of Sophia Holmes, adult,

and Emily Holmes, a child, 58 56

Lenox, for support of Moses McGraw, Dayton
Fuller, Edward Hurlburt, Mary Russell,
Lucy Rosman, adults, and Dayton Fuller,
Jr., Lester Fuller, Erastus Fuller, Aurilla
Hurlburt, Lucinda Hurlburt, Edward G.
Hurlburt, Henry Teneyke, Nancy Russell,
Abraham Russell, children, and funeral ex-
penses, 289 26

Lanesborough, for support of John Gabriel,
Charlotte Gabriel, Mary Squier, Eunice
Foot, Amelia Bennett, Amos Dodge, Mary
Dodge, Lucy H. Gaman, Mary Van Sycle,
Amanda Lane, adults, and Henry Gabriel,
Theodore F. Gabriel, John Dodge, Lucinda
F. Dodge, Almira Stansboro, Harriet Stans-
boro, and Louisa M. Dodge, children, 609 38

Leyden, for support of Arnold Clark, Tasey
Clark, Ruth Abel, Joseph Abel, Sarah Stan-
ton, Hannah Cole, Fillis Young, Catharine
Booth, adults, Catharine Booth, Louisa
Booth, Sarah Booth, and Jane Goulding,
children, and funeral expenses, 274 84

Leicester, for support of Thomas Waters,
Roland Cobb, adults, and Sarah E. Cobb,
Harriet S, Cobb, Nancy M. Cobb, Mary
Davis, children, and funeral expenses, 37 42

Ludlow, for support of Thomas Brainard,

Harvey Olds, adults, and funeral expenses, 69 60

Lowell, for support of 37 adults, 28 children,

and funeral expenses, 648 98

506 PAUPER ACCOUNTS.

Lee, for support of Sarah Ross, Chester S.
Hodge, Olive Hodge, John Marble, Mrs.
Marble, Abigail Howland, Isaac Sharp, Mar-
garet Somers, Henry Miller, Jr., Henry Mil-
ler, Eliza Jane Miller, Fanny Miller, Naome
Anderson, Amos Moore, adults, and Jeffrey
Tucker, a child, and funeral expenses, 352 12

Lunenburg, for support of William Sheerer,
Thomas Benson, Jane Mitchell, and Saph-
rona Ransellear, adults, 50 12

Lexington, for support of Emery Gaffield,

adult, 27 50

Leverett, for support of John Ganzey, and fu-
neral expenses, 16 50

Lynn, for support of John Battis, James Proc-
tor, Thomas Driscall, David Chase, Jesse
Howard, Bridget Gilligan, William Smith,
adults, and Ann, Mary, and Ellen Gilligan,
children, 152 62

Marblehead, for support of Hercules Gardner,
Mary Card, James Ward, Charlotte Ward,
William R. Jones, Caroline Jones, David
Bates, John Roberts, Elias Fish, John Ga-
rine, Denny F. C. Dennis, James Hannas-
see, Harriet White, adults, and funeral ex-
penses, 98 00

Milton, for support of James Bowman, Arch-
ibald McDonald, John C. Drew, Thomas
Evans, adults, and George Hamilton, Mi-
chael Fox, Margaret Fox, John Fox, and
James Fox, children, 143 76

Mount Washington, for support of Ebenezer
Wordin, Henry Tyler, Robert Baker, adults.

PAUPER ACCOUNTS. 507

Hannah Wordin, a child, and funeral expen-
ses,

Manchester, for support of William Edward
Wheaton and Joseph Wheaton, children,

Monson, for support of Mary Allen, Hannah
Brown, Flora Story, Dolly Wallis, adults,
and James Wallis, a child,

Milford, for support of Nathan Trufant, Hen-
ry Burley, adults,

Marshpee Plantation, for support of James
Pells, Lois Pells, Ephraim Jernett, George
Jones, Quam Hazzard, Anthony Henson,
Thomas McGrego, James Humphrey, adults,
and funeral expenses, 154 87

Millbury, for support of Martin Flood and
Isaac Flood, children, and Asa Howe and
Mrs. Howe, and James Renworthy, adults, 82 80

Middleborough, for support of 12 adults, 6

children, and funeral expenses, 347 02

Marlborough, for support of Lewis Coon,
James Clark, Martha Clark, and William
Brown, adults, and George Clark, a child, 18 14

Mendon, for support of John Agur, Nathan
Tfuphant, Arthur Colvin, Samuel P. Hoof,
Martha Newhall, Lydia Rock, adults, and
funeral expenses, 105 10

Montague, for support of Ann Sinclear, adult, 36 50

Medford, for support of 13 adults and 4 chil-
dren, 282 18

Maiden, for support of Peggy Magus, Catha-
rine Lynd, Deborah Sacco, Charles Jones,
Lydia Rock, Ivory Boynton, Mary Ann
Smith, adults, and Henry Barker and Geor-
giana Raymond, children, 143 36

508 PAUPER ACCOUNTS.

Methuen, for support of William Richards and
John Harvey, adults, and Mary Ann Rich-
ards, a child, 44 00

Middleton, for support of Charles Francis,
Betty Francis, Edmund Francis, Rose
Diggs, Catharine Freeman, and Sally Haw-
kins, adults, 164 00

Marshfield, for support of John Baker, Samu-
el Holmes, Bristol White, Jenny Prince,
adults, and John Quackovv, Jane Quackow,
and Phebe Quackovv, children, 211 70

Montgomery, for support of Hannah Boham,

adult, 36 50

North Brookfield, for support of Esther John-
son, adult, 36 50

New Marlborough, for support of Oliver Worn,

a child, 21 90

Nantucket, for support of Anthony Swasey,
Mary Andrews, Phillis Painter, Chloe Gould-
ing, Matthew Smith, Sophia Beebe, Catha-
arine Richardson, William Hutchens, adults,
and funeral expenses, 272 70

North Bridgewater, for support of James Do-
nen, Charlotte P. Wood, Deborah E. Rans-
alaer, adults, and funeral expenses, 112 50

Newton, for support of Jonathan French, Wil-
liam Pickering, Thomas Burke, Edward
Boal, John Cusack, adults, and John Mc-
Gara, and Patrick McGara, Jr., 79 98

Needham, for support of 15 adults, 5 children,

and funeral expenses, 159 24

Northampton, for support of 49 adults, 18

children, and funeral expenses, 705 28

PAUPER ACCOUNTS. 509

New Ashford, for support of Mary Fuller,

adult, S6 50

Norwich, for support of Ruth Sanford and Ru-

fus Miner, adults, 73 20

Nevvburyport, for support of 43 adults and 13

children, and funeral expenses, 1,050 74

New Bedford, for support of 88 adults, 16

children, and funeral expenses, 1,412 52

Newbury, for support of 22 adults, 14 chil-
dren, and funeral expenses, 609 60

Northfield, for support of John Fowler, adult, 3S 60

Orange, for support of Mary Smith, adult, 29 20

Otis, for support of Abijah G. Hazzard, Eu-
nice Hazzard, Polly Wilner, Henry Dickin-
son, adults, and funeral expenses, 116 10

Pittsfield, for support of 12 adults, 17 children

and funeral expenses, 273 60

Plympton, for support of Joseph Gayton,
Elizabeth Gayton, adults, and George Gay-
ton, Ann Gayton, Rebecca Gayton, James
Gayton, and Thomas N. Gayton, children, 93 50

Pawtucket, for support of Jane Donaldson,
Thomas Keer, and Edward Mc Arlde, adults,
and Nancy Donaldson, Elizabeth Keer, and
Maria Keer, children, 86 60

Plymouth, for support of 10 adults and 3 chil-
dren, 132 00

Pembroke, for support of Mary Gifford, adult, 36 60

Paxton, for support of William Fiske, adult, 36 60

Proprietors of Gayhead, for support of Heze-

kiah Sewall, and Joshua Stephens, 73 20

Petersham, for support of Anny Freeman, Ste-
phen Hiams, Mrs. Hiams, Thomas Marshall
Hiams, adults, and Thomas H. Freeman,
65

510 PAUPER ACCOUNTS.

Stephen W. Hiams, and a child of Anny
Freeman, children, 24 48

PhiDipston, for siipportof Abraham Choat, adult, 36 50

Quincy, for suppoit of James Brown, Rebecka
Miijester, Horace Blodget, Elizabeth Bar-
ron, Dennis Rine, and the wife of Dennis
Rine, adults, 77 40

Russell, for support of Sally Harrington, Mary
Newton, and Dinah Johnson, adults, and
Mary Hall, Nancy Hall, Norman Sears,
and Margaret Johnson, children, 138 28

Rowley, for support of 46 adults, 10 children,

and funeral expenses, 630 40

Richmond, for support of Nancy Jessup, Ja-
cob Wicker, Susan Darling, Sarah R. H.
Critenden, Frederick Wicker, Ruth Wick-
er, adults, and Assenath Darling, Francis
H. Darling, Mary Jane Darling, EmelineC.
Darling, Susan E. Darling, Adaline C. Ha-
gar, James Wicker, Clarissa Wicker, Almi-
ra C. Wicker, Jane Z. Wicker, and Amos,
children, 403 18

Randolph, for support of Lydia Dace, adult, 36 50

Rehoboth, for support of Aaron Freeman,
Nancy Green, John Hopkins, William Stan-
ton, Nancy Hill, Lucy Kelly, Rhoda East-
erbrook, Eliza Mason, adults, Eliza A. Ma-
son, a child, and funeral expenses, 119 90

Rcxbury, for support of 48 adults, and 14

children, 595 92

Royalston, for support of Thomas Blodget,

and Alice Clements, adults, 73 00

Rowe, for support of Almira Wilcox, and Claris-
sa Williams, adults, and Mary Wilcox, Noah
Wilcox, Anna Carpenter, children, 82 07

PAUPER ACCOUNTS. 511

Rochester, for support of Edward R. Sanford,
Rhoda Sanford, and Michael Sheeham,
adults, and Amos Sanford, Charles San-
ford, Edward Sanford, and David G. San-
ford, children, 61 00

Reading, for support of Martha Cameron,

adult, and Benjamin Cameron, child, 20 54

Spencer, for support of Susannah Cowland,
adult, and Malansa Freeman, Mercy Free-
man, Theophilus Freeman, and Almira Free-
man, children, 1 16 00

Springfield, for support of 9 adults, 23 chil-
dren, and funeral expenses, 385 28

Stockbridge, for support of Abraham Parmele,
Martha Dowd, Margery Curtis, Dorcas Web-
ster, Dinah Elhy, Nancy Duncan, Mrs. Free-
man, adults, Thaddeus Martin, Rosanna
Martin, Theodore Martin, children, and
funeral expenses, 239 36

Southampton, for support of John Cochran,

William Penron, Timothy Coleman, adults, 40 70

Sandwich, for support of Willis Wing, Be-

thiah Fly, adults, and funeral expenses, 69 90

Sheffield, for support of Charlotte Turner,
Sarah Turner, Job Johnson, Joel Moseley,
Nancy Jones, Delilah Cornwall, adults,
Frank Freeman, Harriet Freeman, Caroline
Kelley, and Dennis Kelley; children, and
funeral expenses, 136 64

Sharon, for support of Edward Ellis, and

Elizabeth Ellis, adults, 73 20

Shrewsbury, for support of Nancy Johnson,

and Eleazer Johnson, children, 34 68

Stoughton, for support of Isaac Williams,

612 PAUPER ACCOUNTS.

Joseph Lord, Elijah Heath, Nancy Clark,

adults, and Rufus Lewis, a child, 51 14

Shutesbury, for support of John Vanaully Su-
san Vanaully, Welcom Hill, Sarah Phine-
more, adults, and Zachariah Phinemore,
Clarissa Phinemore, and Charles Phinne-
more, children, 93 18

Sandisfield, for support of John G. Edwards,
adult, and Benjamin Whitney, a child, 26 16

South Reading, for support of Felix Moan,

Christopher Brown, Mary Brown, adults, 41 30

Salem, for support of 115 adults, S3 chil-
dren, and funeral expenses, 1,697 20

Shelburne, for support of Mary Bates, John

Fowler, and Lucinda Fowler, adults, 111 00

Somerset, for support of Polly Hill, Ann Mc
Given, adults, and Alice Mc Given and Tho-
mas Mc Given, children, 112 30

Seekonk, for support of Robert Voorhis, Reu-
ben Frost, Elizabeth Cowden, Molly Bears,
adults, and funeral expenses. 111 90

Swanzey, for support of Marther Dusness,

Juda Mecarter, and Diadona Boston, adults, 79 60

Stoneham, for support of Cloe Freeman, Nan-
cy Freeman, and Thomas Thompson, adults,
and funeral expenses, 81 10

Shirley, for support of Mary Mc Kensie, and
William Shealer, adults, and Fanny Mitchell,
Charles Mitchell, and Walter J. Mitchell,
children, 126 60

Southbridge, for support of Albrow Reynolds,

adult, S6 50

Sturbridge, for support of Samuel Weldon,

adult, 36 50

PAUPER ACCOUNTS. 513

Sterling, for support of Robert Mahans, adult, 9 10

Saugus, for support of Joseph Clarenbowl,

adult, 37 40

Scituate, for support of Zilpha Whitcomb,
Zilpha Scott, Betsey Freeman, adults, and
Elizabeth G. Freeman, Olive Freeman, Lem-
uel Freeman, children, and funeral expenses, 143 70

Tolland, for support of Hannah Mather and

John Conklin, adults, and funeral expenses, 41 70

Topsfield, for support of Phillis Emerson,
Henry Charles Prescher, and Asa Foster,
adults,

Tyringham, for support of 11 adults, 4 chil-
dren, and funeral expenses,

Taunton, for support of 22 adults, 10 children,
and funeral expenses,

Truro, for funeral expenses,

Tewksbury, for support of Dennis Gorman,
John Watson, Benjamin Hoyt, Dorothy
Hoyt, and John Wood, adults, 31 00

Townsend, for support of Edward McBride,
Anna Freeman, and Samuel Babcock,
adults, and Samuel B. Jackson, Henry J,
Jackson, John Gardner Freeman, and Tho-
mas Jefferson Freeman, children, 56 67

Tyngsborough, for support of Wid. Catharine
McClenna, Allred Willey, adults, and funer-
al expenses, 25 20

Troy, for support of Benjamin S. Sweet, John
Harris, Betsy Browncll, adults, and Mary
Ann Carter and Mary Ann Deolin, children, 31 82

Uxbridge, for support of Mary Pratt and Ura-
nia Gardner, adults, 43 70

Upton, for support of Mary Bryant, adult, 36 50

370

409

614 PAUPER ACCOUNTS.

Westhampton, for support of Jane Gay, Syl-
via Miller, adults, Filia Sherman, Robert
Livingston, Charles Peter Elhs, Mary Ann
Culver, children, and funeral expenses, 114 98

West Springfield, for support of Hannah Shi-
voy, Lois Shevoy, Louisa Chapin, Volatine
Worthy, John Green, adults, Rodney Bene-
dict, John Benedict, Leonard Freeman, and
Richard Benedict, children, 229 64

Warwick, for support of Samuel Gunn, Mol-
ly Gunn, John C. Miller, adults, Charles
Gunn, a child, and funeral expenses, 97 16

West Bridgevvater, for support of Thomas

Quindly, adult, 36 50

Ware, for support of Thomas Dennison, Jacob
Jackson, John J. Upham, adults, and G. W.
Booth, Horace Booth, Eliza Olney, Caro-
line Olney, and Henry Olney, children, 219 00

Westfield, for support of John N. Berry, Est-
her Berry, Assenath Gibson, Mary Parks,
Mary Ann Baker, Hepzibath Brewer, Bet-
sy Rose, Sally Baker, Benjamin Miller, Mer-
ritt Blakesly, John Carter, James Slater,
adults, Pvunice French, George Dewey,
Cynthia Baker, Luriah Spires, Virgil Wat-
son, Thomas J. Watson, children, and fun-
eral expenses, 393 86

Waltham, for support of James Buchanan,

adult, 30 50

West Newbury, for support of Rebecca Dun-
can Renton, George Keely Ronton, William
Alfred Renton, and Thomas Renton, chil-
dren, 76 56

Westborough, for support of Primus Titus,

PAUPER ACCOUNTS. 515

adult, and for expenses in taking care of
John Sheffield's family, with small pox, 148 72

Williamsburg, for support of James Turner,

adult, and Theodosia Turner, a child, 58 40

Ward, for support of Sarah Wiser, adult, 36 50

Western, for support of Joseph R. Trim, a

child, g 12

W'eymouth, for support of Philis Peach, Eliz-
abeth Lavvler, adults, William Lavvler,
Charles Lowler, Elizabeth Lowler, and
Henry Lowler, children, II9 04

Watertown, for support of 37 adults and 10

children, 355 44

West Stockbridge, for support of 11 adults, 6

children, and funeral expenses, 276 32

Washington, for support of Henry Panton and

Ruth Rigby, adults, 73 qq

Williamstown, for support of 9 adults and 15

children, 412 |q

West Cambridge, for support of Mr. Claton,
Mrs. Claton, Owen Carroll, William Sloane,
Richard Wheeldon, James Hickey, Mrs.
Jane Hickey, Aaron Pond, Mrs. Anna
Brown, Thomas Rand, James Ashton,
adults, and funeral expenses, 3o 00

Westport, for support of Nathaniel Notfage,

John Thompson, Darius Collins, adults, 52 50

Wrentham, for support of Sylvia Pettice, Iba-
ry Boylston, William Jacks, William Brad-
dack, Richard Woles, John Grayham, adults, 60 90
Wilbraham, for support of Eunice David, Ma-
ry Walker, Ellis Dodge, John Ammidon, Jo-
anna Ammidon, Charles Noe, Sally Noe,
adults, Samuel Wright, Persis A. Noe,

516 MILITARY ACCOUNTS.

Charles Noe, Jr., Esther Truden, William

P. Truden, children, 279 46

Whately, for support of Jesse Jewett, Eliza-
beth M. Coy, adults, ^2 80

Wenham, for support of Pompey Porter, Sa-
rah English, adults, ^^ 00

Worcester, for support of sundry paupers, in

the House of Correction, H^ 90

Weaver Sheffel, Guardian of Troy Indians, for
supplies to Thankful Simons, and his allow-

44 00
ance, -*-* w/

Yarmouth, for support of Black Let, and Anna

Knight, adults, and funeral expenses, 62 40

Whole amount, ^53,087 72

MILITARY ACCOUNTS.

FOR JANUARY SESSION, 1833.

Aids de. Camp to Major Generals.

Aaron Davis Capen, to Jan. 1, 1833,
William S. Allen, to Dec. 31, 1832,
Micah M. Rutter, to Dec. 31, 1832,
Charles Ely, to Dec. 5, 1832,
Welcome Young, to Jan. 1, 1833,
Thomas Kinnicut, to July 8, 1832,
John C. Hunt, to Jan. 1, 1833,

23 27

;^218 19

MILITARY ACCOUNTS. 517

Brigade Majors.

Bradford L. Wales, to Sept. 1, 1832,
Thomas Adams, Jr., to Jan. 1, 1833,
Truman Clarke, to Aug. 22, 1832,
Emor S. Sayles, to Jan. 1, 1833,
William C. Tyler, to Jan. 1, 1833,
Jabcz W. Barton, to Dec. 31, 1832,
M. P. Parish, to Jan. 1, 1833,
Wyman Richardson, to Jan. 1, 1833,
William M. Lathrop, to Jan. 1, 1833,
Hiram F. Stockbridge, to Jan. 1, 1833,
Spencer Gloyd, to Feb. 15, 1831,
James R. Sproat, to Jan. 1, 1833,
George B. Atwood, to Jan. 1, 1833,
James H. Bodfish, to Dec. 31, 1832,
Linus Child, to Jan. 1, 1833,
Increase Sumner, to Jan. 1, 1833,
Albert G. Belden, to Jan. 1, 1833,

Adjutants.

2.S

;^549 10

E. W. Stone, to Jan. 1, 1833, 25 00

Francis D. Holbrook, to Jan. 1, 1833, 25 00

Elbridge G. Dudley, to Jan. 1, 1833, 31 25

Emor S. Sayles, to Aug. 28, 1832, 16 45

Sumner Crosby, to Jan. 1, 1833, 25 00

Calvin W. Haven, to Jan. 1, 1833, 25 00

Jabez Pratt, to Jan. I, 1833, 10 00

Joseph L. Chase, to Aug. U, 1831, 12 50

Abiel Wales, to Sept. 25, 1831, 5 21
66

^18 MILITARY ACeOUNTi.S.

Daniel W. Rogers, to Jan. I, 1833, 25 00

Hazen Ajer, to Jan. 1, 1833, 25 00

William Dodge, to May 30, 1832, 10 42

Stephen Adams, Jr., to Jan. 1, 1833, 25 00

David Giddings, to Aug. 1, 1832, 14 58

William Brown, to Jan. 1, 1833, 50 00

Benjamin Dana, to Jan. 1, 1833, 25 00

Albert P. Rockwood, to Jan. 20, 1833, 9 34

Benjamin G. Hill, to Jan. 1, 1833, 25 00

Josiah Clark, to Jan. 1, 1833, 25 00

Horace Heard, to Jan. 1, 1833, 25 00

Henry J. Baxter, to Jan. 1, 1833, 25 00

^saac A. Cooley, to Sept. 1, 1832, 41 67

William L. Terrett, to Dec. 31, 1832, 12 50

Horace Lyman, to Jan. 1, 1833, 16 66

C. R. Baldwin, to Jan. 1, 1833, 25 00

Samuel W. Kirkland, to Jan. 1, 1833, 25 00

John J. Graves, to Jan. 1, 1833, 25 00

Areta? Ferry, to Jan. 1, 1833, 17 99

Osmund L. Nelson, to Jan. 1, 1833, 32 15

Charles Smead, to Jan. 1, 1833, 25 00

Rufus B. Bradford, to Jan. 1, 1833, 25 00

Horace Collamore, to Jan. 1, 1833, 25 00

Dion Bryant, to Jan. 1, 1833, 31 73

William H. Cushman, to Jan. 1, 1833, 25 00

Elijah Cushing, to July 25, 1831, 8 53

Henry Luther, to Jan. 1, 1833, 25 00

James H. Collins, to Jan. 1, 1833, 18 75

George Danforth, to Jan. 1, 1833, 25 00

Ira Newman, to Jan. 1, 1833, 25 00

John I. Lawton, to Jan. 1, 1833, 25 00

Theodore Kern, to Jan. 1, 1833, 25 00

Obed Brooks, Jr., to July I, 1832, 37 50

Cornelius Hamblin, to Jan. 1, 1833, 50 00

MILITARY ACCOUNTS.

519

Amos W. Pitts, to Jan. 1, 1833,
Joseph Knox, to Jan. 1, 1833,
Samuel C. Fiske, to Jan. 1, 1833,
Elijah Sawyer, to Jan. 1, 1833,
Wiilard S. Wood, to Jan. 1, 1833,
Spencer Field, to Dec. 1, 1832,
Reuel Lawrence, to Jan, 1, 1833,
Edmund H. Nichols, to Jan. 1, 1833,
Edson Sexton, to Jan. 1, 1833,
Rodney Hill, to Jan. 1, 1833,
Resolved Wood, to Sept. 1, 1832,
Ambrose Nicholson, to Jan. 1, 1833,
Samuel Bacon, to Jan. 1, 1833,

Hauling Artillery.

Joseph B. Toule,
Martin Vining,
Levett Bonney,
Timothy L. Pond,
John Hoppin,
Benjamin Brown, Jr.,
John Wilson,
Henry Sargent,
Joshua P. Trask,
William Haskell,
Benjamin Dennis,
John Bradbury,
Charles Wardwell,
John M. Robertson,
Abel B. Heywood,
Hiram Bridges,
John W. Hay ward,

1832,

^1,340

620 MILITARY ACCOUNTS.

Phinehas G. Prescott, 1832,
Henrj A. Bridgman, "

George Whipple, *'

Eli Cross, "

J. W. White, 1831,

Josiah Pratt, 1 832,
H. B. Bardwell,

Randol Djer, "

William Pomroy, Jr., "

Isaac H. Haskins, "

Spencer Vining, "

Eleazer S. Bartlett, "

Hiram Hunt, "

Marvin Cheney, "

Leonard Howe, "

Timothy Lincoln, "

George W. Reed, "

Gilbert Munson, "

Abraham Tobey, "

Samuel A. Crane, "

2 25

$51^ 24

For services rendered by the special order of the Comman-
der in Chief.

Major Gen. Nathan Heard, 1831, 5 56

Aid de Camp Thomas Kinnicut, 1830, 12 00

;^17 56

Court Martial,

Holden at Dedham, December 3d, 1832.

Col. Edward G. Prescott, President, 38 00

*♦ Preston Pond, Member, 26 80

MILITARY ACCOUNTS.

621

Lt. Col. Peter Dunbar,
Maj. Seth J. Thomas,
Lt. Col. Ivers J. Austin,

Member,

Judge Advocate,

Marshall,

Orderly,

Complainant,

Witness,

Maj. F. W. Lincoln,

SergH. John Gorham,

Col. Thomas Davis,

Sumner Crosby,
F. W. Lincoln, "

Thomas Davis, "

Daniel McGregor, "

Ira Eldridge, "

John L. White, "

Daniel Crockett, Jr., "

Henry H. Huggeford, Dep. Sheriff,
Winthrop G. Babbit, constable, summoning wit

nesses, &c.,

Francis Alden, for use of his hall, fire, &c.,

26 00
26 00
50 00
25 60
25 00
8 00

3 50

1 50

2 50
2 50
1 50
1 50
1 50

4 70

1 90
6 00

^252 50

Court Martial,

H olden at Dedham, December od, 1832.

Col.

Edward G. Prescott,

President,

58 00

((

Preston Pond,

Member,

41 60

U. Col

, Peter Dunbar,

40 00

Maj.

Seth J. Thomas,

40 00

U. Col

Ivers J. Austin,

Judge Advocate,

76 00

Maj.

F. W. Lincoln,

Marshal,

39 20

SergH.

John Gorham,

Orderly,

34 00

Col

Thomas Davis,

Complainant,

13 00

Sumner Crosby,

Witness,

3 00

Thomas Davis,

((

3 00

F. W. Lincoln,

((

1 50

622 MILITARY ACCOUNTS.

John S. Tyler,

Witness,

3 50

Peter Dunbar,

•it

2 00

Francis Grimes,

2 50

John L. While,

4 00

Edmund D. Cassel,

% 50

William C. Tyler,

2 00

Ira Edridge,

3 00

Louis Dennis,

7 00

Charles Jones,

((

3 00

John Kendall,

((

1 50

James L. Barber,

((

2 50

Job Tabor,

4 50

William Baxter,

I 50

Robert H. Clouston,

1 50

Henry H. Huggeford,

Deputy Sheriff,

4 70

Winthrop G. Babbit, Constable, summoning

witnesses, &c.,

6 15

Francis Alden, for stationary

and fires,

24 68

^425 83
Court Martial,
Holden at Cambridge, February 20th, 1832.

Col. Samuel Chandler,
Elisha Stratton,
John T. Torrey,
John M. Read,
Bela Greenwood,
William Draper,
Micah M. Rutter, Jr.,
Charles Pool,
Theodore L. Stiles,
Thomas O. Brackett, " 4 62

President,

61 16

Member,

41 28

((

44 00

((

43 52

((

40 48

Judge Advocate,

88 32

Marshal,

41 60

Orderly,

12 00

Witness,

8 16

MILITARY ACCOUNTS. 52^.

Abraham P. Pritchard, Witness, 7 16

Oliver W. Preston, " 7 08

Benjamin G. Hill, " 7 02

Jesse E. Dow, " 4 68

William Bcckford, « 3 58

Henry Davis, " 2 66

Edward R. Dorr, " 6 08

John Wilson, " 3 82

Charles P. Gordon, " 6 66

Norman Mason, " 6 32

Shelden Crocket, " 6 24

Charles Poor, ♦' 6 16

Philander Ames, " 6 66

James Deblois, " 6 16

Joseph Currell, " 3 66

Ezra O. Eaton, " 6 32

Nathan Blodgct, " 6 82

Thomas Andrews, " 2 66
Levi Parker, for attendance and stationary, 2 81
Gorham Bigelow, for use of hall, fuel, stationary,
&c., 35 00

;^526 59

Court Martial,
Holden at Boston, March 5th, 1832.

Col

Lt. Col.
Maj.

William Peck,

President,

98 40

'I'homas Davis,

Member,

60 00

Charles Lane,

((

64 00

Abijah Ellis,

((

66 00

Luther Eaton,

62 80

Horace Mann,

Judge Adv.

132 00

Abm. F. Edwards,

Marshal,

60 00

524

MILITARY ACCOUNTS.

SergH. Stephen Rhoades, Dep. Marshal^ 16 00

" Ira Eldridge,

Josiah Quincy, Jr.,

James T. Austin,

Newell A. Thompson,

Aaron D. Capen,

Edward Stow,

Joshua H. Hayward,

Charles P. Sumner,

Josiah Baldwin,

William H. Sumner,

Jeremiah J. Fiske,

William Thorndike,

Henry H. Huggeford, Deputy Sheriff, 8 53
Daniel Merrill, preparing rooms, making fires,
&c., 44 00

Horace Mann, for stationary, 16 50

#700 23

Board of Military Officers, assembled at Charlestown, on
the \Ath March, 1832.

34 00

tness,

1 50

2 00

5 00

4 00

1 00

0 50

1 00

13 00

3 00

2 00

Samuel Chandler,
Elisha Siratton,
John T. Torrey,
John M. Read,
Bela Greenwood,
William Draper,

Micah M. Rutter, Jr.,
Wyman Richardson,
John Wilson,
Charles Adams,
James T. Palmer,

President,

27 80

Member,

18 64

20 00

((

19 76

18 16

Rec^g Officer,

00-

-42 16

Marshal,

18 80

Witness,

3 60

((

2 8^2

((

1 98

((

1 32

MILITARY ACCOUNTS.

625

John Tarbell, Witness,

Joseph F. Boyd, "

Charles P. Gordon, "

George Lane, "

Nathan Blodgett, "

Thomas O. Brackett, "

Theodore L. Stiles, "

Stephen Stimpson, "

Abrm. R. Lockwood, *'

Charles Saunderson, "

Thomas C. Dyer, "

William Beckford, "

Franklin Webster, "

Abm. P. Pritchard, "

William S. Cook,

John A. Barnicoat, "

Nathaniel W. Starbird, "

Simon H. Barrett, "

Henry K. Frothingham, "

Benjamin Johnson, "

Gorham Bigelow, for hall, fuel, stationary &c..

3 30

2 66

3 16

1 16

2 66

3 62

2 60

3 62

2 66

1 74-.

4 40

2 82

3 16

2 66

3 16

2 66

2 82

3 62

2 66

3 62

&c..

16 00

^251 68

AGGREGATE OF ROLL, NO. 107.

Pauper Accounts,

Aids de Camp,
Brigade Majors,
Adjutants,
Hauling Artillery,
61

Military Accounts.

^'53,087

218

549

1,340

518

526 MILITARY ACCOUNTS.

Court Martial, at Dedham, 252 50
'* " " 425 85
« " at Cambridge, 526 59
" " at Boston, 700 23

1,905

251

15
56
68

Services rendered by special order of the

Commander in Chief,
Board of Military Officers, assembled at

Charlestovvn,

;g57,887

eommontoealti^ of JUasisacliufiims.

In the Year of Our Lord One Thousand Eight Hundred
and Thirty-Three.

RESOLVE

Authorizing the payment of certain Military and Pauper

Accounts.

Resolved, That there be allowed and paid out of the
public treasury, to the several corporations and persons
mentioned in the foregoing Roll, the sums set against
their names respectively, amounting in the whole, to the
sum of fifty-seven thousand eight hundred and eighty-
seven dollars, and seventy-four cents, the same being in
full discharge of the accounts and demands to which they
refer.

In Senate, Feb. 27, 1833.

Read twice, and passed.

Sent down for concurrence.

B. T. PICKMAN, President.

House of Representatives, Feb. 27, 1833.

Read twice, and passed in concurrence.

W. B. CALHOUN, Speaker.

Feb. 28, 1833.

Approved.

LEVI LINCOLN.

eommoniotalt)! of iWiaisi^aciguisetts^.

Treasury Office, 2d mo. (Feb.) 28th, 1833.

The Treasurer having examined and adjusted the
Accounts presented to him, asks leave to Report : —

That there is due to the several persons enumerated
on the following Roll, the sums set against their names
respectively, which, when allowed and paid, will be in
full discharge of said accounts to the dates therein men-
tioned.

Which is respectfully submitted.

HEZEKIAH BARNARD, Treasurer.

To the Senate, and

House of Representatives.

ROLL OF ACCOUNTS

Audited by the Treasurer of the Commonwealth, and re-
ported February 28th, 1833.

SHERIFFS.

Brown, Henry C, for returning votes for Gov-
ernor, Electors of President, &c., to Decem-
ber, 1832, 44 80

Crocker, David, for returning votes for Gover-
nor, Electors of President, &c., to November,
1832, 11 20

Folger, Peleg S., for returning votes for Gov-
ernor, Electors of President, &c., to Novem-
ber, 1832,

Hayward, Nathan, for returning votes for Gov-
ernor, &c., to November, 1832,

Leonard, Horatio, for returning votes for Gov-
ernor, Electors of President, &:c., to Novem-
ber, 1832,

Nevers, John, for returning votes for Governor,
&c., to Nov. 1832,

Pease, Isaiah D., for returning votes for Gover-
nor, Members of Congress, Electors of Presi-
dent, &c., to Nov. 1832,

Rice, Caleb, for returning votes for Governor,
Electors of President, &c., to Nov. 1832,

Sprague, Joseph E., for returning votes for
Governor, Members of Congress, &c., and
for distributing writs of election, &c., to
Nov. 1832, 54 20

6 40

530 CORONERS.

Sumner, Charles P., for services and expenses
in removing the body of Williams Roby from
the jail in Boston, to the State Prison in
Charlestown, Sept. 1832, 5 00

Varnum, B. F., for returning votes for Gover-
nor, and Members of Congress, and distrib-
uting writs of election, &c., to Nov. 1832, 52 50

^271 90

CORONERS.

Cudworth, Abiel, taking inquisitions, &:c., to
September, 1832,

Hinckley, E. M., taking inquisitions, &c., to
December, 1832,

Needham, Thomas, taking inquisitions, to No-
vember, 1832,

Pease, Peter, for burying the body of a stran-
ger. May, 1832,

Snow, Prince, taking inquisitions, &c., to De-
cember, 1832,

Shute, Ebenezer, taking inquisitions, &c., to
December, 1832,

Wade, William F., for burying the body of a
stranger, December, 1832,

PRINTERS.

^228 05

Adams & Hudson, for publishing laws, amend-
ments, &.C., and for papers to February 28th,
1833, 357 91

Adams, John R., for publishing laws, advertis-
ing, &c., to August, 1832, 56 84-

PRINTERS. 631

Allen, E. W., for publishing laws and amend-
ments, to August, 1832, 25 67

Allen, Benjamin T., for publishing laws, to

January 1st, 1833, 16 67

Allen, Phinehas fe Son, for publishing laws and

amendments, to December, 1832, 20 67

Atwill, W., for publishing laws and amend-
ments, to May, 1832, 25 66

Badger &; Porter, for advertising, and for papers

to February 26th, 1833, 265 48

Barrett, George C, for papers supplied to Feb-
ruary 21st, 1833, 73 85

Beals, Homer & Co., for publishing amend-
ments, advertising, &;c., and for papers to
February 28ih, 1833, 222 91

Boston Christian Herald, for papers supplied

to February 27th, 1833, 52 56

Bowles, Samuel, for publising laws, to January,

1833, 41 65

Buckingham, Joseph T., for advertising, &c.,

and for papers, to February 28th, 1833, 253 36

Buffum, Jonathan, for publishing laws, to Jan-
uary 1st, 1833, 16 66

Bush, S. W., for publishing laws, to January,

1833, 16 66

Chapin, Jacob, for publishing amendments and

laws, to January 1st, 1833, 25 67

Clapp, William W., for publishing laws, amend-
ments, &:c., and for papers to February 23d,
1833, 167 95

Clapp, J. B., for publishing laws, to January

1st, 1833, 16 66

Colton, S. H., for publishing laws, to January

1st, 1833, 16 67

632 PRINTERS.

Congdon, B. T., for publishing laws, to Janua-
ry 1st, 1833, 16 66

Danforth, Allen, for publishing laws to January

1st, 1833, 16 67

Dorr & Rowland, for publishing laws and
amendments, advertising, &,c., to January 1st,
1833, 56 67

Drew, Benjamin, Jr., for advertising, in August,

1832, 1 00
Dutton & Wentworth, for advertising, and for

papers, to February 28th, 1833, 22 83

Ela, David H., for papers supplied to February

23d, 1833, 21 68

Eldredge, John B., for publishing laws, to Jan-
uary 1st, 1833, 16 67

Farmer, J., for publishing amendments and

laws, to January 1st, 1833, 23 67

Foote & Brown, for publishing amendments
and laws, and advertising, to January ist,

1833, 66 15
Garrison h Knapp, for papers supplied to Feb-
ruary 23d, 1833, 32 30

Grout, Moses W., for publishing laws to Janu-
ary 1st, 1833, 33 34

Hale, Nathan, for publishing laws, amendments,

&c., and for papers, to February 28th, 1833, 349 71

Hallet, Benjamin F.. for papers supplied to

February 28th, 1833, 153 91

Judd, Sylvester, for publishing amendments and

laws, to January 1st, 1833, 33 99

Meacham, R., for publishing amendments and

laws, to January 1st, 1833, 21 66

Mudge, Benjamin, for publishing amendments

and laws, to January, 1832, 31 00

PRINTERS ACCOUNTS. 633

Nichols, William, for papers supplied to Febru-
ary 23d, 1833, 17 01
Palfray, Warwick, Jr., for publishing laws and

amendments, to January 1st, 1833, 38 00

Palfray & Cook, for publishing laws, to January

1st, 1833, " 16 66

•Phelps & Ingersoll, for publishing laws, to Jan-
uary 1st, 1833, 16 67
Prescott, Edward G., for papers supplied to

February 23d, 1833, 53 54

Proprietors of N. E. Artisan, for papers sup-
plied to February 28th, 1833, 34 OO
Proprietors of Boston Globe, for papers sup-
plied to February 23d, 1833, H 43
Proprietors of Boston Investigator, for papers

supplied to February 23d, 1833, 12 46

Spooner, M. & Co., for publishing amend-
ments, laws, &c., to January 1st, 1833, 28 00
Tannatt, A. G., for publishing amendments,

laws, &c., to January 1st, 1833, 56 1 5

Thayer, A. W., for publishing amendments,

laws, &c., to January 1st, 1833, 21 67

True & Greene, for papers supplied to Febru-
ary 28th, 1833, 144 33
Willis, Nathaniel, for papers supplied to Feb-
ruary, 28th, 1833, 47 77

m,076 15

126 89

534 MISCELLANIES.

MISCELLANIES.

Adams, W. & G. W., blacksmiths' work, for
repairs, &c., on the State House, to January,

1833, .

Ballard & Prince, for carpeting and bocking, ^^

furnished to December, 1832,
Beaumont, Charles, for cleaning and repairing

portraits, &c., November, 1832, ^^ ^^

Brewer, George A., for painted carpeting &c

for the fire proof buildings, to November, 1832, l^i
Bradlee, Samuel & Son, for hard ware, &c.,

supplied for repairs on the State House, to

February, 1833,
Blaney, Henry, for masons' work in and about

the State House, to January, 1833,
Burditt, James W., for stationary, to February,

1833, viz:

For the Legislature, 53o 04

« Secretary, 165 94

" Treasurer, 1 02

Land Office, 5 47

" Library, 24 It?

78 93
167 08

731 62

Carter & Hendee, for stationary, &c., to Octo-
ber, 1832, viz:

For Adjutant General, 86 06

" Secretary, ^^ ^^

Coffin, Joshua, for copying the Journal of the
Convention of 1779 and 1780, per resolve
of March 24th, 1832,

107 81

48 87

MISCELLANIES. ^M

Doggett, Jphn & Go., (ox six new picture
frames, ordered by the Secretary, per re-
solve of 23d March, 1832, 1 68, 00
Gore & Baker, for painting, &c., to February,
183^, viz.:

Fire proof buildings, 52 1 5
Land Office, 48 55

Book cases, &c., 74 95
Labels for portraitSi 20 00

195 65

Hancock, William, for making, binding, and
putting down carpets, &c., in the fire proof
buildings, ^^ '^

Jones, Lewis, for stove pipes, repairing funnels,

&c., to February, 1833, 19 86

Loring, Benjamin & Co., for paper, &c., sup- .

plied the Secretary, to December, 1832, 13 25

Loring, James, for 13 Massachusetts Registers,

for the use of the Council, &c., 10 84

Loring, Josiah, for stationary, to February,
1833, viz. :

For Secretary, &c., 73 00
" Treasurer, 60 08

133 08

Lovett, Charles W., for arranging and preparing
for removal to the fire proof edifice, the pa-
pers of the Council, of the House of Repre-
sentatives, &c. &c., and making a descriptive
catalogue of the same, to January 1st, 1833, 586 50
Oliver, John, Keeper of Rainsford Island, his

annual allowance for 1832, including wood, 104 44
Parker, Amos B., for 100 militia laws, furnished

the Adjutant General, November, 1832, 11 00

536 AGGREGATE.

Snelling, Enoch H., for setting lights, cleaning
windows, &c., to January, 1833, 152 31

Wheeler, John H., for repairs and alterations,
&c., in and about the State House, to Feb-
ruary, 1833, 2,063 95

^5,056 09

AGGREGATE.

Sheriffs,

271 90

Coroners,

228 05

Printers,

3,076 15

Miscellanies,

5,056 09

},632 19

(grommontotaUii of JHasisacijusetts.

In the Year of Our Lord One Thousand Eight Hundred
and Thirty-Three.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to the several persons
named in the accompanying Roll, the sums set against
their names respectively, amounting, in the whole, to the
sum of eight thousand six hundred and thirty-two dol-
lars and nineteen cents, the same being in full discharge
of all the accounts and demands to which they refer ;
and His Excellency the Governor is hereby requested to
draw hi^ warrant accordingly.

In Senate, March 2d, 1833.

Read twice, and passed.

Sent down for concurrence.

B. T. PICKMAN, President.

House of Representatives, March 2d, 1833.
Read twice, and passed in concurrence.

W. B. CALHOUN, Speaker.
March 2d, 1833.

Approved.

LEVI LINCOLN.

eommontoeaUt) of jHassiactjttsntfii.

Treasury Office, 3d Mo. (March) 22d, 1833.

The Treasurer, having examined and adjusted the
accounts presented to him, in compliance with an order
of the Legislature, of the 13th instant, asks leave to Re-
port, that there is due to the several persons enume-
rated on the following Roll, the sums set against iheii,*
names respectively, which, when allowed and paid, will
be in full discharge of said accounts to the dates therein
mentioned.

Respectfully submitted,

HEZEKIAH BARNARD, Treasurer.

To the Senate,

and House of Representatives.

In Senate, March 22, 1833.
Referred to the Committee on accounts.
Sent down for concurrence.

CHARLES CALHOUN, Clerk.

House of Representatives, March 22, 1833.
Concurred.

L. S. CUSHING, Clerk.

ROLL OF ACCOUNTS,

Audited by the Treasurer of the Cornmonwealth, and re-
ported March 22d, 1833.

SHERIFFS AND CORONERS.

Lyman, Joseph, returning votes for Governor,
Electors of President, &c., to November,
1832, 16 00

Sprague, Joseph E., for distributing act relat-
ing to the Election of Members to Congress,
to March, 1833, 1^ 00

Snow, Prince, for burying the body of a stran-
ger, February 15, 1833, ^ 00

$3Q 00

PRINTERS.

Adams and Hudson, for advertising, and for

papers to March 23d, 1833, 100 '^^

Albro, Benjamin T., for publishing laws to

January 1st, 1833, ^^ ^^

Atwili, Herman, for publishing laws to Janua-
ry 1st, 1833, 16 67

Badger and Porter, for papers supplied to

March 23d, 1833, ^6 38

Barrett, George C, for papers supplied to

March 16th, 1833, ^^ ^1

Beals, Homer and Co., for papers supplied to

March 23d, 1833, ^^ ^^

540 PRINTERS.

Bazjn, George W., for papers supplied to

March 23d, 1833, 23 16

Buckingham, Joseph T., for papers supplied

to March 23d, 1833, 88 92

Clapp, William W., for papers supplied to

March 23d, 1833, 58 gQ

Button and Wentworth, for papers supplied to

March 23d, 1833, ^ 83

Eastburn, John H., for papers supplied to

March 23d, 1833, g5 gg

Garrison and Knapp, for papers supplied to

March 23d, 1833, Ig gj

Greene and Hewcs, for papers supplied to

March 18th, 1833, 15 75

Hale, Nathan, for advertising and for papers

to March 23d, 1833, IO9 70

Hallett, Benjamin F., for papers supplied to

March 23d, 1833, 57 g^

Holbrook, Josiah, for papers supplied to

March 23d, 1833, 31 84

Johnson, Oliver, for papers supplied to March

24th, 1833, 2 50

Mann, Herman, Jr., for publishing amend-
ments and laws, to January 1st, 1833, 25 QQ
Moore and Sevey, for papers supplied to

March 16th, 1833, 1q 39

Nichols, William, for papers supplied to March

23d, 1833, g 92

Prescott, Edward G., for papers supplied to

March 23d, 1833, 23 08

Proprietors of New England Artisan, for pa-
pers supplied to March 21st, 1833, 11 30
Reed, David, for publishing amendments, and

for papers supplied to March 23d, 1833, 56 26

PRINTERS. 541

Thacher, M. and T., for papers supplied to

March 19th, 1833, 13 84

Tiffany, Edwin D., for publishing laws, to

January 1st, 1833, 16 67

True and Greene, for papers supplied to

March 23d, 1833, 86 45

Wheildon, William W., for publishing amend-
ments, laws, &c., to January 1st, 1833, 27 66

Willis, Nathaniel, for papers supplied to March

23d, 1833, 15 93

$\,]06 75

MISCELLANIES.

Bacon, Henry, assistant messenger, to March

23d, 1833, 148 00

Blaney, Henry, for masons' work about the

State House, to August, 1832, 9 00

Burditt, James W., for stationary, to March
16th, 1833, viz.:

For the Legislature, ^100 52
Secretary, 49 62

150 14

Chase, Warren, assistant messenger, to

March 23d, 1833, 148 00

Cutting, Elijah W., assistant messenger, to

March 23d, 1833, 148 00

His son, as page to the Senate,

to March 23d, 1833, 70 OD— 218 00

Goodrich, Isaac W., for stationary for the sec-

retary, to March 18th, 1833, 73

Knhn, Jacob, balance of his account to March

20th, 1833, 282 84

542 AGGREGATE.

Murphey, David, assistant messenger, to

March 23d, 1833,
Pendleton, William S., drawing map, recut-

ting specimen plates, and printing the same,

for the instruction of the blind, to March

14th, 1833,
Pitts, Sarah, for her son, as page to the House

of Representatives, to March 23d, 1833,
Wheeler, John H., for repairs, &c., in the

State House, to March 16th, 1833,

144 00

77 60

70 00

99 05
1,419 78

AGGREGATE.

Sheriffs and Coroners,

Printers,

Miscellanies,

36 00
1,106 75
1,419 78

^2,562 53

RESOLVE

For the. payment of sundry Accounts reported by the

Treasurer.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to the several persons
named in the accompanying Roll, the sums set against
their names respectively, amounting, in the whole, to
the sum of two thousand five hundred and sixty-two
dollars and fifty-three cents, the same being in full dis-
charge of all the accounts and demands to which they
refer ; and His Excellency the Governor, with advice
of Council, is hereby requested to draw his warrant ac-
cordingly.

In Senate, iMarch 23, 1833.

Read twice, and passed.

B. T. PICKMAN, President.

House of Representatives, March 27, 1833.
Read twice, and passed in concurrence.

W. B. CALHOUN, Speaker.
March 27, 1833.

Approved.

LEVI LINCOLN.

^ointnonioealti) of JUassacfjusetts,

SECRETARY'S OFFICE, JUNE 6, 1833.

I HEREBY Certify, That I hiive compared the Re-
solves, Messages, and other Documents, printed in this
pamphlet, with the Originals remaining in this office,
and find the same to be correct.

EDWARD D. BANGS,

Secretary of the Commonwealth.

INDEX

TO THE RESOLVES, MESSAGES, &c.,

OF JILNTJATBiTr^ TSBHU^HV, ANJi HIAnCH, 1833.

Accounts, Roll of, audited bj' Committee of Accounts, . . 497
" Rolls of, " Treasurer, .... 529, 539

Address of Governor, on public affairs, .... 263

Adams, Moses, administrator, may perpetuate evidence respecting

sale of real estate, . . . . ■ 340

" town officers in, may post up list of voters, &c., . . 379
Adjutant General, authorized to furnish Haverhill Light Infantiy

with arms, ........ 353

Alabama, documents from, transmitted, relating to Nullification and

Tariff, 408

Amendment of Constitution, as respects House of Representatives,

recommended by Governor, .... 288

" to the Constitution, to be submitted to the people, . 384
Asylum for Blind, provisions resjiecting support of poor pupils at, 338, 344
Audubon's 'Birds of America," to be purchased for General Court

Library, 407

Austin, Daniel, a Representative, allowance to, for attendance, . 491

ii INDEX.

Bank Bills, measures to prevent counterfeiting of, recommended by

Governor, ........ 285

Bartlett, Samuel, executor, may sell certain real estate, . . 341
Bagg, Linus, a Representative, allov^ance to, for expenses, &c., . 440
Blind, Asylum for, ])rovisions respecting support of poor pupils at, 338, 344
Boundary between Swanzey and Warren, to be marked, . . 323
" " certain towns in Massachusetts and Rhode Isl-
and, to be ascertained, . . . 434
Brooks, Aaron, Jr., allowance to, for services as Judge Advocate, 337

Calhoun, Cliarles, Clerk of Senate, allowance to, for preparing in-
dex to Journals, ..... . . 406

Chappequiddic Indians, provision for support of pauper belonging
to, ......... 322

Childs, Reuben, allowance to, for revolutionary services, . . 382

Chaplains of legislature, paid for services, .... 443

Civil list of the government, for 1833, '. . . 239—261

Clerks of legislature, pay of, provided for, .... 353

Convention of States recommended or disapproved by various

States, .... 308, 342, 380, 386, 411

" of South Carohna, proceedings of, animadverted upon,

290, 311, 356
" of States, proposed by South Carolina and Georgia,

disapproved by Massachusetts, . 386, 402, 411 — 423

Commissioners on separation of Maine from Massachusetts, journal

and papers of, to be deposited at Augusta, . 448
" to run line between towns in Massachusetts and
Rhode Island, appointment, powers, &c. of, reg-
ulated, 323, 434

" on the pauper system, compensated for services, . 440

Cobb's Manual on the culture of silk, copies of, to be purchased for

public use, ........ 355

County taxes, granted, ...... 325'

Council, compensation of members of, established, . . . 443

!>.

Debtor and Creditor, revision of laws respecting, recommended by
Governor, ........ 287

Delaware, documents from, transmitted, condemning Nullification, 329

INDEX. iii

Delaware, documents from, transmitted, respecting Convention of

the States, .... 342

Dwight, Solomon R., a lunatic, to be removed to hospital, . . 326

Eastern Lands, information concerning, communicated by Gover-
nor, ...... 268

" certain documents respecting, to be deposited in

State House in Maine, .... 343

" further sale of, by land agent, authorized, . . 349

" certain papers relating to, to be deposited in State

House in Maine, ..... 448

" further provisions respecting grant of, to old sol-

diers, ...... ib.

Erving's Grant, highvpays in, how supported, . . , 354

Fellows, Daniel, Jr., guardian of Chappequiddic Indians, allowance

to, . . . . . . . . .322

Fireproof Edifice, at State House, to be heated, . . . 348

Franklin, County Commissioners of, may make certain provisions

for support of highways in Erving's Grant, . . .354

" County Commissioners of, may make further grant for a

bridge over Deerfield river, .... 355

Fuel, &c., for use of government, provision for, . . . 452

Georgia, official documents from, recommending Amendments of

United States Constitution, transmitted, . . . 304

" propositions of, for Convention to amend United States

Constitution, disapproved by Massachusetts, . 411 — 423

" propositions of, respecting internal improvements, disap-
proved by Massachusetts, . . . 424 — 432
Geological survey, further appropriation for, . . . 4-32
" report. Professor Hitchcock's, how published and dis-
tributed, ...... 347

General Court, compensation of members of, established, . . 443

Governor's Address on public affairs, .... 263

" Messages, (for particulars see Messages,) 302, 303, 304, 306, 308

328, 330, 332, 342, 343, 351, 380, 383, 403, 408, 409, 453

Governor announces his intention to decline reelection, . . 300

" his intention to decline, noticed by legislature, . . 492

iv INDEX.

Governor requested to appoint commissioners to run line between

Swanzey and Wan-en, &c., .... 323, 434
" requested to cause lunatic to be removed to hospital, . 326

" authorized to regulate admission into asylum for the

blind, 338, 344

Greenough, Maria F., guai'dian, former doings of, confirmed, . 439

Guild, Reuben, administrator, may perpetuate evidence respecting

sale of real estate, ....... 307

Haley, John W., a minor, his estate may be mortgaged, . . 321

Haverhill Light Infantry Company, may have use of certain arms, 353

Hastings, Edmund T., guardian, may convey certain real estate, . 436
Harrington, Joshua, a representative, allowance to, for expenses,

&c., ........ 440

Hopkins charity, settlement with trustees of, announced, . . 270

Hospital, (see Lunatic Hospital.)

Hubbard, Samuel, guardian, may convey certain real estate, . 435

Huntington, Edward B., and another, may convey certain real

estate, ........ 350

Illinois, ofiicial documents from, condemning nullification, trans-
mitted, ........ 306

Indians, Chappequiddic, piovision for support of paupers belong-
ing to, ....... . 322

Indiana, documents from, transmitted, condemning nullification, . 329

Insolvent debtors, (see Debtor and Creditor.)
Insane Hospital, (see I/unatic Hospital.)

Internal improvemenst, documents concerning power of General
Government in relation to, transmitted,
from Georgia, .... 304

" " doctrine advanced by Georgia respecting,

denied, .... 424—432

Journal of Senate, allowance for preparing index of, . . 406

" " Convention of 1780, how distriijuted, . . . 445

Knox, Mary, may convey certain real estate, . . . 380

Kuhn, Jacob, pay of, as messenger, provided for, . . . 444

INDEX.

Lands in Maine, (see Eastern Lands and Land Jlgent.)
Land Agent, authorized to sell eastern lands, . . .349

" accounts of, settled, . . , ^gg

Lathrop, Samuel, and another, trustees, may sell certain real estate,' 434

Leach, Philip, guardian, may sell estate of certain minors, . 327

Library of General Court, to be supplied with copy of Audubon's

"Birds of America,"
t:o» <• • 1 ■ ■ • • • 407

.List ot civil government of Massachusetts, for 1833, . '>39— 261

Low, John V, paid for services as assistant messenger to Governor^

and Council,
T • • • • . . 441

Lotteries, documents concerning, transmitted by Governor, 332

Lunatic Hospital, information concerning its erection, condition,

•fee, communicated by Governor, . . 274

certain lunatics to be removed to, . . 326 337

further appropriation for use of, . • . ' 333

M. ^

Massachusetts Claim on General Government, information concern-
ing, communicated by Governor, . . .284
Claim, claims of Maine respecting, communicated

to legislature.
Claim, provision for refunding to Maine certain ex-
penses in relation to,
Maine, documents from, transmitted, recommending deposit of
certain papers in land office in Augusta, .
documents from, transmitted, respecting' nulliiicadon, ta-

I'lIT, &C.,

documents from, transmitted, claiming a balance retained
by Massachusetts, from the amount received for claims
on United States, .

request of, respecting deposit of papers, acceded to
" to be reimbursed certain expenses on account of Massa-
chusetts Claim,

Message of Governor, transmitting documents referred to' in bis

address, . . . ^ ^^

^"^°™'"g o^Maj. Gen. Sheldon's resignation^ ih

transmitting official documents from New

Hampshire, . . .303

" " transmitting annual return of militia, ,-a

official documents from Georgia, 304

409
451
343

408

409

448

450

vi INDEX.

Message of Governor, transmitting oflScial documents from Illinois, 306

" '< " « « « S.Carolina, 308

" " transmitting oflBcial documents from N. Carolina,

Indiana, and Delaware, . . • 328

" " accounts of Warren Bridge Corporation, . 330

" " in relation to lotteries, and transmitting doc-

ments concerning them, . . . 332

" '' transmitting official documents from Virgin-

ia, New Jersey, and Delaware, . . 342

" " transmitting official documents from Maine, 343

" " " report of the State survey, . 351

" " " official documents from Ohio, . 380

" " transmitting official documents from N. York,

and Mississippi, .... 383

" " returning to Senate, the bill "incorporating

proprietors of 2d Baptist meeting-house
in Lowell," with his objections to its pas-
sage, ..... 403
" " informing of Maj. Gen. King's resignation, 408
" " transmitting official documents from 31aine

and Alabama, .... ib.

" " transmitting documents from Maine, relating

to money received on Massachusetts Claim, 409

" " returning to Senate the bill " in further addi-

tion to an act for regulating, governing,
and trairting the militia of this Common-
wealth," with his objections to its passage, 453
Militia, annual return of its condition, transmitted, . . . 303
" additional bill for regulation of, objected to by Governor, . 453
Mississippi, documents fron), transmitted, condemning nullification, 383
MoUoy, Patrick, a lunatic, to be removed to State hospital, . 337

New Hampshire, documents from, communicated, condemning

nullification, ....... 303

New J ersey, documents from, transmitted, condemning nullification, 342

New York, documents from, transmitted, condemning nullification, 383

North-eastern boundary, information concerning, communicated

by Governor, ....... 267

North Carolina, documents from, transmitted, respecting nullifica-
tion and the tariff, ....... 328

Nullification, as threatened by South Carolina, remarks of Gover-
nor concerning, .... 290 — ^299

INDEX.

Vll

Nullification, documents from various States, concerning, transmit-
ted, . . . 302, 303, 306, 328, 342, 380, 383, 408
" condemned by Massachusetts, . . . 311, 356

Ohio, resolutions from, transmitted, condemning nullification, &c., 380

Pennsylvania, resolutions of, respecting nullification, announced,

and transmitted, ....... 299, 302

Pickering, John, may sell estate of certain minors, &c., . . 345

Potter, Allen, to have certain sum refunded to him, . . 446

President of United States, provisions for reception of, . . 446

Public lands of United States, resolutions of Tennessee concern-
ing, announced, and transmitted, 299 — 302
" " propositions of Tennessee concern-

ing, disapproved. . 470 — 491

" of Massachusetts, (see Eastern Lands.)

Quarter Master General's department, appropriation for,

450

Read, George, executor, may sell certain real estate, . . 437

Representation, amendment in, recommended by Governor, . . 288

Revolutionary soldiers, grant of land or money to, . . . 448
Rhode Island, suit by, on claim of boundary. Governor's remarks

concerning, ....... 266

Robinson, George, allowance to, for services as constable, . . 339

Rolls of accounts, audited and allowed.

497, 529, 539

Secretary, authorized to warm fireproof edifice at State house,

" " to purchase Cobb's Manual o\\ Silk, .

Shove, Jonathan, allowance to, as member of last G«. neral Court,
Silk, Cobb's Manual respecting cultm-e of, to be purchased for pub
lie use, .......

South Carolina, proceedings of, respecting tariff, &c., announced
and transmitted, . . , .

348
355
442

355

290, 302

viii INDEX.

South Carolina, documents from, recommending a convention of

States, transmitted, .... 308
" proceedings of her convention animadverted upon, 310 — 321
" proceedings of her convention further animadvert-
ed upon, 35G— 379

" proposal of, for convention of States, animadverted

upon, ..... 38&— 402

Speech of Governor, to legislature, . . . . . 263

Sproat, William A. F., allowance to, for services as Register of

Probate pro tern., ....... 343

Statutes, revision of, information concerning, given by Governor, . 272
State Prison, information concerning its condition, communicated

by Governor, ..... 277

" " further appropriation "for erection of building at, . 330
" Treasury, information concerning, given by Governor, . 281
" House, provisions and allowance for repairs at, 305, 306, 310, 344, 402
" " fireproof building at, to be heated, . . . 348
Stone, David, guardian, may sell estate of certain minors, . . 323
Survey of State, information communicated by Governor, respect-
ing its progress, ..... 270

" " report of Engineer respecting, transmitted to legis-
lature, ...... 351

" " geological report concerning, to be published. . 347

" " further appropriation for, .... 432

Sutton, William, and another, may take deed of certain land, . 346
Svvanzey, and Warren in Rhode Island, boundary between, to be

marked, ........ 323

Tariff, remarks in Governor's Address concerning, . . 290 — 299

" report and resolves respecting, . . . 310 — 321

Taxes granted for the several counties, .... 325

Tennessee, resolutions from, concerning public lands, and internal

improvements, announced, and transmitted, . . 299, 302

" doctrines advanced by, respecting internal improve-

ments, denied, ..... 424 — 432

" propositions of, concerning public lands, disapproved, 470 — 491

Third Article of Bill of Rights, amendment of, to be submitted to

the people, ........ 384

Thomas, Mary, allowance to, .... . 403

Thorndike, Charles, deceased, minor children of, may have appeal

from Court of Probate, ...... 450

Treasurer of State, authorized to borrow money, . . . 331

Tyler, John S., guardian, may convey estate of certain minors, . 308

INDEX. ix

Virginia, documents from, transmitted, respecting nullification, ta-
riflf, &c., . . .342

Wadsworth, Hiram, administrator, may convey certain real estate, 441

Warren Bridge Corporation, accounts of, transmitted to legislature, 330

White, Eliza, administratrix, may sell estate of certain minor, , 335

RESOLVES

THE GENERAL COURT

OF THE

Commotttoealtjb of M^ssmfmrnte,

PASSED AT THEIR SESSION,

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

WEDNESDAY, THE SECOND OF APRIL, ONE THOUSAND EIGHT HUNDRED

AND THIRTY-FOUR.

33uibli»i)eli agrceablB to a axesolbe of tj)e sfjrtcenti) Sanuarj, I812.

DUTTON & WENTWORTH, PRINTERS TO THE STATE.
1834.

CITIIi GOVERNMENT

OF THE

FOR THE POLITICAL YEAR 1834.

HIS EXCELLENCY

JOHN DAVIS, ESaUIRE.

GOVERNOB.

HIS HONOR

SAMUEL T. ARMSTRONG, ESQ.

ILiZZiUTXSXrAXTT GOVERZTOB.

COUNCII..

HON. JAMES SAVAGE,

«f L.UKE FISKE,

« JOSEPH BOWMAN,

" HOWARD LOTHROP,

« ELIJAH SWIFT,

« WILLIAM PERSON,

« DAVID MACK, JR.

« JAMES RICHARDSON,

« BENJAMIN SHELDON.

EDIVARD D. BANGS, ESaUIRE,

Secretary of the Commomvealth.

HEZEKIAII BARNARD, ES^-

Treasurer and Receiver General of the Commomvealth.

SENATE.

HON. BENJAMIN T. PICKMAN,

PRESIDENT.

SUFFOLK DISTRICT.

Hon. Alexander H. Everett, Hon. George Blake,
Benjamin T. Pickman, William Foster,

John R. Adan, John Cotton.

ESSEX DISTRICT.

Hon. Gideon Barstow, Hon. Jesse Kimball,

Samuel Merrill, Robert Hooper, Jr.

Josiah Newhall, William Nichols.

MIDDLESEX DISTRICT.

Hon. Elihu Cutler, Hon. Nathaniel Austin,

Nathaniel Wright, Daniel Shattuck.

Sidney Willard,

PLYMOUTH DISTRICT.

Hon. Isaac L. Hedge, Hon. Artemas Hale.

NORFOLK DISTRICT.

Hon. George Hawes, Hon. John Bailey.

Christopher Webb,

BRISTOL DISTRICT.

Hon. Nathan C. Brownell, Hon. Seth Whitmarsh.
Samuel French,

SENATE. 647

WORCESTER DISTRICT.

Hon. Charles Hudson, Hon. Samuel Lee,

Ira Barton, Rejoice Newton,

Samuel Mixter, Charles Russell.

HAMPSHIRE DISTRICT.
Hon. Eliphalet Williams, Hon. John Leland.

HAMPDEN DISTRICT.
Hon. Patrick Boise, Hon. James Byers.

FRANKLIN DISTRICT.

Hon. Daniel Wells.

BERKSHIRE DISTRICT.
Hon. Edward Stevens, Hon. Thomas B. Strong.

BARNSTABLE DISTRICT.
Hon. Charles Marston. •

NANTUCKET DISTRICT.
Hon. David Joy. P

Charles Calhoun, Clerk.
W. P. Gragg, Assistant Clerk.
Rev. Chandler Robbins, Chaplain.
Charles C. Cutting, Page.

BOUSE OF REPRESENTATIVES.

HON. WILLIAM B. CALHOUN,

SPEAKER.

COUNTY OF SUFFOLK.

Boston, Samuel Aspinwall,

James Barry, Jun.,
William Brighara,
Noah Brooks,
Samuel Chessman,
Samuel Dorr,
George Darracott,
Samuel A. Eliot,
William T. Eustis,
Luther Faulkner,
Benjamin Fiske,
John C. Gray,
Prentiss Hobbs,
Samuel D. Harris,
Wilham J. Hubbard,
Thomas Hunting,
Henry W. Kinsman,
Jared Lincoln,
Charles Lincoln,
Heman Lincoln,
Joseph Lewis, ^
Charles Leighton,
Thomas Minns,
Daniel Messinger,

HOUSE OF REPRESENTATIVES. 649

Bostojii

Chelsea,

Hugh Montgomery,
Oliver W. B. Peabody,
John L. PhilHps,
Thomas W. PhilUps,
Wilhara Parker,
Simon W. Robinson,
Daniel Rhodes,
James Ridgway,
Henry Rice,
Thomas Richardson,
Benjamin Stevens,
Stephen White,
Grenville T. Winthrop,
Charles Wells,
Thomas Wetmore.
Joseph Stowers.

COUNTY OF ESSEX.

Ameshury,
Andover,

Beverly,

Boxford,
Bradford,

Joshua Colby,
Jonathan Morrell, Jr.,
Thomas Weed,
Nathan W. Hazen,
Joseph Kittredge,
Merrill Pettingill,
Nathan Shattuck,
Nathaniel Stevens,
Cotton Bennet,
Nehemiah Roundy,
John SafFord,
Jesse Sheldon,
Charles Peabody,
Edmund Kimball,
Jonathan Kimball,

550 HOUSE OF REPRESENTATIVES.

Danversj

Henry Cook,

John Page,

John Preston,

Jonathan Shove,

Essex,

Jonathan Story, 3d,

Gloucester,

Gorham Babson,

John Blatchford,

Jonathan Cutler,

Aaron Day,

Josiah Griffin,

Theophilus Herrick,

Gideon Lane, Jun.,

John Wonson,

Hamilton,

Israel D. Brown,

Haverhill,

Ephraim Corliss,

Thomas G. Farnsworth,

Daniel P. McQuesten,

Nathan Webster,

Ipswich,

Josiah Caldwell,

Nathaniel R. Farley,

Daniel Lord,

Lynn,

Joseph M. x\nderson.

Joseph Breed, 3d,

Jonathan BufFum,

Joseph Currier,

George Martin,

Francis S. Newhall,

Gamaliel W. Ohver,

Eleazer C. Richardson,

John Stone,

Lynnfield,

Joshua Hewes,

Manchester,

John E. Bohonon,

Marblehead,

Ezekiel Darling,

James Goodwin,

HOUSE OF REPRESENTATIVES. 551

Marblehead,

Methuen,

Middleton,

Newbury,

Newburyport,

Rowley,
Salem,

Salisbury,

Saugus,
Topsfield,

John Quiner,
Frederick Robinson,
William Widger, Jun.,
Samuel H. Harris,
John Tenney,
Amos Batchelder,
Moses Little,
William S. Allen,
Charles H. Balch,
Caleb Cushing,
William Davis,
William Faris,
Ebenezer Moseley,
Thomas Gage,
John Kimball,
Holton J. Breed,
Caleb Foote,
Nathaniel Frothingham,
Samuel Holman, Jun.,
John C. Lee,
William Mansfield,
Warwick Palfrey, Jun.,
William Peele,
David Roberts,
Leverett Saltonstall,
Michael Shepard,
William Sutton,
Jacob B. Winchester,
Benjamin Bachelor,
Elias French,
Jacob Morrill,
Zaccheus N. Stocker,
Jacob Towne, Jun.,

652 HOUSE OF

REPRESENTATIVES.

JVenham,

John Porter,

W. Newbury^

Samuel Carr.

COUNTY

OF MIDDLESEX.

Acton,

Francis Tuttle,

Ashhy,

Gushing Burr, Jun.,

Bedford,

Reuben Bacon,

Billerica,

Thomas Sumner,

Brighton,

George Livermore,

Burlington,

WilHam Winn,

Cambridge,

Thomas B. Gannett,

Amasa Davies,

Robert Fuller,

Levi Farwell,

William Billiard,

Levi Parker,

John Trowbridge,

William J. Whipple,

Carlisle,

Cyrus Heald,

Charlestown,

Stephen Wiley,

William Austin,

Timothy Fletcher,

Josiah S. Hurd,

Benjamin Thompson,

John Sweetser,

Chelmsford,

Charles Bent,

Concord,

Reuben Brown,

Daniel Clark,

Dracut,

Life Hamblet,

Joseph B. Varnum,

Dunstable,

E. Sudbury,

Isaac Gleason,

Framingham,

Luther Haven,

Elias Temple,

HOUSE OF REPRESENTATIVES. 553

Groton,

HoUiston,

Hopkinion,
Lexington,

Lincoln,

Littleton,

Lowell,

Maiden,

Marlborough,

Medford,

Natick,
Newton,

Pepper ell,

Reading,

Sherburne,

Shirley,

S. Reading,

Sioneham,

Stow and Boxboro\

John Boynton,
John Rockwood,
Elias BuUard,
Ebenezer H. Currier,
Samuel B. Walcott,
John Mulliken, Jun.,
Philip Russell,
Solomon Foster,
William Lapham,
Kirk Boott,
James Chandler,
Osgood Dane,
Samuel Howard,
Jesse Phelps,
Oliver M. Whippple,
Sylvanus Cobb,
William Pierce,
Edward Wade,
Levi Bigelow,
Eli Rice,
Dudley Hall,
Thomas R. Peck,
Chester Adams.
Moses Crafts,
Nathan Pettee,
William Buttrick,
James Lewis,
Eliab Parker, Jun.,
Caleb Wakefield,
John Goulding,
Israel Longley,
Lilley Eaton,
Charles E. Walker,
Lyman Bigelow^,

664 HOUSE OF REPRESENTATIVES.

Stow and Boxboro^

Sudbury,

Tewksbury,

Townsend,
Tyngsborough,
Waltham,
Watertown,

W. Cambridge,

Westford,

Weston,

Wilmington,

Woburn,

Moses Whitney,
William Brigham,
Jonathan Clark, 2d,
Isaac Holden,
David Palmer,
Charles Butterfield,

Charles Bemis,
William Stone,
Leonard Greene,

Abijah Coburn,

Oliver B. Cooledge,
Stephen NichoUs,
John Wade.

COUNTY OF WORCESTER.

Ashburnham,

Asahel Corey,

A^h^l

Hosea Stone,

Atfiol,
Barre,

Nathaniel Houghton,

Gardner Ruggles,

Berlin,

Joseph Park,

Bolton,

Caleb Wheeler,

Boylston,

Ward Cotton,

Brookfield,

Solomon Gilbert,

Rufus Harrington,

Charlton,

Rufus Mixer,

Paul Rich,

Dana,

John Gleason,

Douglas,

David Holman,

HOUSE OF REPRESENTATIVES. 655

Dudley^

Hezekiah H. Davis,

Morris Earned,

Fitchhurgh,

David Boutelle,

Isaiah Putnam,

Francis Perkins,

Gardner,

Timothy Heywood,

Grafton,

Samuel Wood,

Hardwick,

Scotto Berry,

Harvard,

Holden,

Charles ChafRn,

Samuel Daman,

Huhhardston,

Ethan A. Greenwood,

Moses Waite,

Lancaster,

George Baker,

Levi Lewis,

Leicester,

Reuben Meriam,

Joshua Murdock,

Leominster,

Carter Gates,

David Wilder,

Lunenburgh,

Mendon,

Jabez Aldrich,

Lebbeus Gaskill,

William Legg,

Warren Rawson,

Milford,

Millbury,

Henry Mills,

Amasa Wood,

Neio Braintree,

Araory H. Bowman,

Northborough,

Joseph Davis,

Northbridge,

Rufus Bennett,

North Brookfield,

John Bigelovv,

Jonathan Gary,

Oakham,

James Allen,

Oxford,

Earned Davis,

566 HOUSE OF REPRESENTATIVES.

Oxford,

Alexander Dewitt,

PaxtoUf

Tyler Goddard,

Petersham,

Aaron Brooks, Jun.

Micajah Reed,

Phillipston,

Jason Goulding,

Princeton,

Joshua T. Everett,

Royalsion,

Asahel Davis,

Rutland,

Robert Munroe,

Shrewsbury,

Southborough,

Jeroboam Parker,

Southbridge,

Oliver Hooker,

Jedediah Marcy,

Spencer,

Lewis Bemis,

David Prouty,

Sterling,

Gilson Brown,

Moses Sawyer,

Sturbridge,

Edward Phillips,

David Wight,

Sutton,

Samuel Cole,

Samuel Taylor,

Templeton,

Samuel Dadman,

Artemas Lee,

Upton,

Uxbridge,

Effingham L. Capron,

Joseph Thayer,

Ward,

Daniel Green,

Westborough,

Joshua Mellen,

West Boylston,

Robert B. Thomas,

Western,

Joseph Field,

Westminster,

Edward Kendall,

Merari Spaulding,

Webster,

Charles Tucker,

Winchendon,

William Dunbar,

Isaac Morse,

HOUSE OF REPRESENTATIVES.

Worcester, Charles Allen,

Lewis Chapin,
John Flagg,
Alfred D. Foster,
Winsor Hatch,
John W. Lincoln.

557

COUNTY OF HAMPSHIRE.

Amherst,

Osmyn Baker,

Elijah Boltwood,

Zebina Dickinson,

Belchertown,

William Bridgeman,

Justus Forward,

Daniel Phelps,

Chesterfield,

Cummington,

Alexis Painter,

Easthampton,

Jason Janes,

Enfield,

Epaphras Clark,

Granhy,

Samuel Ayres,

Goshen,

Asahel Billings,

Greenwich,

Mason C. Darling,

Hadley,

Oliver Bonney,

Ephraim Smith,

Hatfield,

Elijah Hubbard,

Middlefield,

Solomon Root,

Northampton,

Charles P. Huntington,

Thomas Napier,

Jonathan Strong,

Oliver Warner,

Norwich,

Aaron B. Dimmock,

Pelham,

Lewis Draper,

Plainfield,

Erastus Bates,

Prescott,

Danforth Abbot,

558 HOUSE OF REPRESENTATIVES.

South Hadley,

Southampton,

Ware,

Westhampton,
Williamsburg,
Worthington,

William Lyman,
Elisha Edwards,
Calvin Morse,
Benjamin Wilder,
Jesse Lyman,
Thomas Meekins,
Jonah Brewster.

COUNTY OF HAMPDEN.

Blandford,

Brimjield,

Chester,

Granville,

Longmeadow,

Ludlow,

Monson,

Montgomery,

Palmer,

Russell,

Southwick,

Springfield,

Tolland,

Logan Crosby,
Orrin Sage,
Julius Buel,
Marquis Converse,
Forbes Kyle,
Thomas F. Plunkett,
Dennison Parsons,
Samuel Root,
Seth Taylor,
Theodore Sikes,

Oren Parks,
Robert Hitchcock,
John Gould,
Abraham Rising, Jr.
Walter H. Bowdoin,
Joel Brown,
William B. Calhoun,
Benjamin Day,
Eldad Goodman,
Joseph Pease,
Charles Stearns,
Walter Warriner,
Roger Harrison,

HOUSE OF REPRESENTATIVES.

559

Wales and Holland,
Westjield,

West Springfield,

Wilbraham,

Elbridge G. Fuller,
Asahel Bush,
Lewis Fowler,
Norman T. Leonard;
Hosea Day,
Henry Ely,
Josiah Johnson,
Lewis Warriner,
Stephen Stebbins.

COUNTY OF FRANKLIN.

Ashfield,

Anson Bement,

Seth Church,

Bernardston,

Jonathan Allen,

Buckland,

Amos Shepard,

Charlemont,

Colraine,

Joel Farley,

Samuel Pierce,

Conway,

Charles E. Billings,

Darius Stearns,

Deerfield,

Epaphras Hoyt,

Stephen Whitney,

Gill,

Seth S. Howland,

Greenfield,

Flenry Chapman,

Julia Smead,

Hawley,

Edmund Longley,

Heath,

Ephraim Hastings,

Leverett,

Eliphalet S. Darling,

Ley den,

Rufus Hastings,

Monroe,

Montague,

Martin H. Clapp,

New Salem,

Frederick H. Allen,

William Whitaker,

560 HOUSE OF REPRESENTATIVES.

Northjield,

Thomas Mason,

Arad Webster,

Orange,

Hiram Woodward,

Rowe,

Shelburne,

William Wells,

Shuteshury,

Willard Raymond,

Sunderland^

Horace W. Taft,

Warwick,

Lemuel Wheelock,

Wendell,

Jabez Sawyer, Jr.

Whately,

Chester Brown.

COUNTY OF BERKSHIRE.

Adams,

Evenel Estes,

Daniel Jenks,

Elisha Kingsley,

George A. Lapham,

Alford,

Chester Foot,

Becket,

Timothy Snow,

Cheshire,

Lyman Northup,

Clarksburg,

Dalton,

Simeon W. Wright,

Egremont,

Seymour Joyner,

Florida,

G. Barrington,

Jacob H. Van Deusen,

Increase Sumner,

Hancock,

John Whitney,

Hinsdale,

Robert Millican,

Laneshorough,

Russell A. Gibbs,

Lee,

Walter Laflin,

Josiah Yale,

Lenox,

Caleb Belden,

Mt. Washington,

New Ashford,

HOUSE OF REPRESENTATIVES. 561

New Marlborough,

Otis,

Peru,

Pittsfield,

Richmond,
Sandisjield,

Savoy,
Sheffield,

StocJcbridge,

Tyringham,
Washington,
W. StocJcbridge,
Williamstoivn,
Windsor,

Aretas Rising,
Elias J. Werden,
Isaac I. Norton,
Elisha Rockwell,
Robert Campbell,
Charles B. Francis,
Samuel M. McKay,
Julius Rockwell,
John L. Plummer,
John H. Allen,
Calvin Burt,
Snellem Babbitt,
Elijah S. Deming,
Derrick J. Spur,
Daniel Churchill,
Henry W. Dwight,
Samuel C. Buel,
Stephen W. Newton,
Martin Hendrix,
Henry L. Sabin,
Josiah Allen.

COUNTY OF NORFOLK.

Bellingham,

Braintree,

Abia Holbrook,

Minot Thayer,

Brookline,

John Robinson,

Canton,

James Blackman,

Michael Shaller,

Cohasset,

Thomas Bourne,

Dedham,

Richard Ellis,

John Morse,

Theron Metcalf,

562 HOUSE OF REPRESENTATIVES.

Dorchester^

Walter Baker,

Abel Gushing,

William Oliver,

Foxhorough,

Joseph Kingsbury,

Franklin,

Seth Dean,

Davis Thayer,

Medfield and Dover,

Daniel C. Sanders.

Milton,

Medway,

Paul Daniels,

Needham,

Solomon Flagg, Jr.

Thomas Kingsbury,

Quincy,

Edward Glover,

John Souther,

Thomas Taylor,

Randolph,

Henry B. Alden,

David Blanchard,

Joshua Spear, Jr.,

Roxhury,

Nathaniel Curtis,

John Champney,

Charles Davis,

Isaac Davis,

Jonathan Dorr,

Samuel Guild,

Jacob Tidd,

Sharon,

Stonghton,

Jesse Pierce,

Jabez Talbot,

Walpole,

Truman Clark,

Weymouth,

John B. Hollis,

Lemuel Humphrey,

Leonard Tirrell,

Noah Torrey,

Wrentham,

David Shephard,

HOUSE OF REPRESENTATIVES. 563

COUNTY OF BRISTOL.

Attleborough, Abijah M. Ide,

Berkley, Adoniram Crane,

Dartmouth, Joseph GifFord,

George Kirby,
Henry S. Packard,
James T. Slocum,
Dighion, Crocker Babbitt,

Nehemiah Walker,
Easton, Oliver Ames,

Fairhaven, Ansell Allen,

Cyrus E. Clark,
Samuel Pierce,
Freetown, Elnathan P. Hathaway,

George Pickens,
Schuyler Shepherd,
John Burrage,
Isaac Case,
Edmund Gardner,
Thomas A. Greene,
Benjamin Lincoln,
Thomas Mandell,
Charles W. Morgan,
Mark B. Palmer,
Jona. R. Ward,
Norton, John Crane,

Cromwell Leonard,
Pawtucket, Remember Kent,

Raynham, Amos Hall,

Rehoboih, Lloyd Bosworth,

Samuel Bullock,

Mansfield,
New Bedford,

564 HOUSE OF REPRESENTATIVES.

Seekonkf
Somerset,
Swanzey,

Taunton,

Troy,

Westport,

Church Gray,
Benjamin Cleveland,
John Earle,
Benanuel Marvel,
Ichabod Lincoln,
Alien Presbury,
Hodges Reed,
Francis Williams,
Henry Williams,
George Walker, Jun.,
Nathaniel P. Borden,
Anthony Mason,
Micah H. Ruggles,
Jervis Shove,
William Winslow,
Jonathan Davis,
Abner B. Gifford,
James H. Handy.

COUNTY OF PLYMOUTH.

Abington, James Bates,

John Gushing,
Micah Pool,
Samuel Leonard, Jun.,
. Holmes Sprague,
Jesse Murdock, Jun.,
Gershom B. Weston,
Ezra Kingman,
Zadock Thompson,
Horatio Gushing,
Joshua Smith,
Martin Fearing,
Zadock Hersey,

Bridgewater,

Carver,

Duxbury,

E. Bridgewater,

Halifax,

Hanover,

Hanson,

Hingham,

HOUSE OF REPRESENTATIVES. 565

Hingham,

Thomas Loring,

James W. Sivret,

Hull,

Kingston,

George Russell,

Marshfield,

John Ford, Jun.,

Middleborough,

Ephraim Leach,

Luther Murdoch,

John Perkins,

Ethan Peirce,

Samuel Thompson,

Benjamin P. Wood,

N. Bridgewater,

Lucius Kingman,

Jesse Perkins,

Pembroke,

Morrill Allen,

Plymouth,

Joseph Lucas,

Plympton,

Josiah T. Ellis,

Rochester,

Benjamin Barstow, 2d,

Malachi Ellis,

Scituate,

Ebenezer T. Fogg,

Wareham,

Thomas Savery,

Levi Washburn,

W. Bridgeivater,

Ellis Ames.

COUNTY OF BARNSTABLE.

Barnstable,

Brewster,
Chatham,

Dennis,

Henry Crocker,
David Hinckley,
Nathaniel Hinckley,
Zenas Weeks,
Benjamin Berry,
Freeman Nickerson,
Joshua Nickerson,
Thatcher Clark,

666 HOUSE OF REPRESENTATIVES.

Dennis,

Eastham,
Falmouth,

Harwich,

Orleans,

Provincetown,

Sandwich,
Truro,

Wellfleet,

Yarmouth,

Oren Howes,
Joshua Wixon, Jun.,
David C. Atwood,
Thomas Fish,
Ward M. Parker,
Job Chase,
Zebina H. Small,
Elisha Cole,
Thatcher Snow,
John Atkins,
Enos Nickerson,
Shadrach Freeman,
Ebenezer L. Davis,
Shubael Snow,
Ebenezer Freeman, 2d,
Joseph Higgins,
David K. Akin,
John H. Dunbar.

DUKES' COUNTY.

Chilmarh,

Edgartoivn,

Tisbury,

Ephraim Mayhew,
Chase Pease,
John Holmes.

COUNTY OF NANTUCKET.

Nantucket,

Frederick Arthur,
David Baxter,
Jonathan C. Briggs,
Jared Coffin,
William R. Easton,

HOUSE OF REPRESENTATIVES. 567

Nantucket, Seth F. Swift,

George Myrick,
Seth Pinkham.

LUTHER S. GUSHING, Clerk.

Rev. Edward T. Taylor, Chaplain.
Jacob Kuhn, Messenger to the General Court.
Elijah W. Cutting, Assistant Messenger.
Francis Pitts, Page.

RESOLVES

THE GENERAL COURT

OF THE

COMMONWEALTH OF MASSACHUSETTS.

PASSED AT THEIR SESSION,

WHICH COMMENCED ON WEDNESDAT, THE FIRST OF JANUARY, AND ENDED

ON WEDNESDAT, THE SECOND OF APRIL, ONE THOUSAND EIGHT

HUNDRED AND THIRTT-FOUR.

GOVERNOR'S ADDRESS.

Representatives' Chamber, January 21, 1834.

At \2 0^ clock, noon, agreeably to assignment, the Senate
and House having assembled in Convention, for the
purpose of administering the oaths of office to the Gov-
ernor, Lieutenant Governor, and Counsellors, elected
for the present political year, the Hon. John Davis,
Governor elect. His Honor Samuel T. Armstrong,
Lieutenant Governor elect, and the Hon. James Savage,
Luke Fiske, Joseph Bowman, Howard Lothrop, Elijah
Swift, William Ferson, David Mack, Jr., James Rich-
ardson, and Benjamin Sheldon, Counsellors elect,
came in, preceded by the Sheriff of Suffolk, and at-
tended by Governor Lincoln, and the State officers,
where, in the presence of the Convention, they take and

570 GOVERNOR'S ADDRESS.

subscribe the oaths required by the Constitution, and a
law of the United States, to qualify them for their
respective offices. The usual Proclamations are there-
upon made by the Secretary ; after ivhich his Excellency
Governor Davis delivers the following

ADDRESS:

Fellow Citizens of the Senate, and

of the House of Representatives :

Assembled to discharge our respective duties towards
the people of the Commonwealth, the first and highest
obligation we owe, is a sincere offering of thankful
hearts to that Divine Being whose mercy has spared
our lives, and averted the pestilence which has filled
other places with mourning ; and through whose benefi-
cence the blessings of peace and prosperity are con-
tinued unto us.

I approach with great diffidence the duties which the
constitution and the laws devolve upon me, and I find
no mitigation of this subdued feeling, when 1 consider
my own limited experience in the matters confided to
me, and compare the humble qualifications which I
bring into the public service with the extensive practi-
cal knowledge, high character, and distinguished accom-
plishments, of many of those gifted statesmen, who have
filled this station with honor to themselves and useful-
ness to the public. The testimonials of regard which
adorn their names, and their patriotic devotion to the
public service, will at all times excite in me an earnest
zeal to promote the harmony, to maintain the elevated
character, and to sustain, under all circumstances, the

GOVERNOR'S ADDRESS. 671

best interests of the State ; but I dare promise no more
than to emulate their zeal and integrity.

When I frankly declare, it would have been most ac-
ceptable to me, if some one more worthy, and possess-
ing more of the public confidence had been designated
to succeed the late distinguished Chief Magistrate, one
on whom the public could rely with equal satisfaction,
1 feel assured there can be no just cause for esteeming
me ungrateful for the indulgent sentiments which have
elevated me to this place, for no one can appreciate
more highly this proof of regard, or hold in greater
respect the public approbation.

It is a wise provision of our excellent constitution,
which restores annually to the people the authority
which is confided to the Executive ; for frequent elec-
tions are the best specific against the abuse of power.
They promote greatly the public tranquillity, by making
the ballot-box the constant index of public opinion as
to men and measures, which almost supersedes all oc-
casion for resort to other measures to correct political
misconduct. The speedy return of the period for new
trial not only produces contentment in the public, but
is always an admonition to public officers that the day of
accountability is too near at hand to permit a violation
of trust to be forgotten.

I hope I shall not be considered deficient in my duty,
or wanting in respect to the two Houses, if, under the
circumstances in which I am placed in this my first offi-
cial connexion with the legislative body, I defer enter-
ing into the details of the affairs of the Commonwealth,
until an opportunity has been afforded me to become
more familiar with their condition, when the public ex-
igencies and the provisions of law in this respect will
be complied with, and the attention of the Legislature

572 GOVERNOR'S ADDRESS.

will be invited to such objects as the good of the Com-
monwealth shall seem to me to require. I shall, how-
ever, avail myself of this, as a fit occasion to consider,
very briefly, some matters of a more general character,
and perhaps not less interesting to the public.

It gives me great pleasure to bear testimony to the
prosperity which has pervaded the United States dur-
ing the last year. Although the season has been un-
propitious in some respects, yet it has almost universally
been one of plenty, and we cannot be too thankful to
that indulgent Providence which has hitherto blessed
the exertions of a happy people with such signal suc-
cess. We may safely challenge the world to shew an
aggregate population of twelve millions of citizens so
well provided for in the essential comforts of life, or
among whom knowledge of their civil, religious, and
pohtical rights is so generally diffused, or where the
aggregate happiness (the only design of all good gov-
ernment) is so great. A general policy which has pro-
duced such great and gratifying results, having secured
to the public almost all the philanthropist in his most
ardent aspirations has dared to hope, ought not to be
inconsiderately changed or rashly abandoned.

We owe much, very much, to the salutary influence
of the Constitution of the United States, which redeem-
ed the country from the prostrating embarrassment of
debt which followed the revolution, and laid deep and
strong the foundations of that vigorous prosperity which
scarcely any occurrence seems capable of restraining,
and which has multiplied our resources beyond the
hopes of the most enthusiastic patriot.

The union of the States, and, under the blessing of
God, their continued harmony and friendship, notwith-
standing the occasional evidences of distrust, discontent.

GOVERNOR'S ADDRESS. 573

and threats of disunion, from the restive, the ambitious,
and the misguided, has frustrated the predictions of the
enemies of free, republican government, who have been
anxiously waiting to see domestic dissentions and civil
war, springing up under our federative system, conduct
us to military despotisms. Thanks to a considerate
people, whose hearts have been animated with elevated
sentiments, — with an enhghtened patriotism, — with a
more just self respect, and a higher regard for civil lib-
erty, they have proved these hopes to be false, and I
trust will continue to manifest to the world this evidence
of their devotion to the great cause of self government.

Under the auspices of the constitution, labor, which is
the agent of all production — the parent of all property
and prosperity— has, in most of its forms, been encour-
aged and protected by a just discrimination in the reve-
nue system, on the ground that thereby our independ-
ence is rendered more secure from extraneous influences,
and the happiness and prosperity of the people greatly
promoted.

It is peculiar to our country, that all who have the
ability to labor, and the disposition to be industrious,
may find employ, and such ample remuneration, either in
wages or some other form, that he who enters the world,
as most of us do, with no capital but his hands, may,
with the blessing of God, not only attain to all the com-
forts, moral and physical, which reasonable wealth will
command, but may enlighten the minds of his children
as they grow up around him, and fit them to discharge
the high duties of free citizens.

The facility with which all this is attained under our
liberal system of education, opens to all the paths to
eminence, and hence we see the places of honor, trust,
and confidence, filled with men whose intellectual power

674 GOVERNOR'S ADDRESS.

and moral worth alone has elevated them. And we no
where see that wretched poverty pervading whole com-
munities, which inflicts misery upon a large portion of
the population in many parts of Europe, and makes, as
it is said, a majority of some of the parishes in England,
tenants of the poor-house. It is the glory of our coun-
try, the most prominent feature of the policy of protect-
ing and cherishing labor, that it opens a mine of re-
sources in which every individual may secure to himself
the means of cultivating talent, as well as providing for
other demands. By this means, the poor are able to
enter even-handed with the rich into the field of com-
petition ; and a succession of distinguished men, from all
honest occupations in life, have followed, and will con-
tinue to follow each other in public stations, imparting
constantly the elastic vigor of youth to our growth, and
giving an unparalleled expansion to our resources.

While we continue to respect labor, while we look
upon it, as it is, the great element that imparts to our
country a growth which errors in public policy can
scarcely check, and to our institutions their overpower-
ing strength, while we hold it to be meritorious and
honorable, instead of servile, while we cling to the
purity and simplicity of life which belongs to this condi-
tion, instead of degenerating into the follies, the vanity
and false hopes which overgrown wealth often begets ;
while we pursue a policy that will give to this labor the
most ample scope and encouragement in all its various
occupations, we shall have little occasion to entertain
apprehension for our free institutions, if we also con-
tinue to provide liberally for the culture and improve-
ment of the mind.

Ours is emphatically a government consisting of the
public will, and that will as we find it expressed in the

GOVERNOR'S ADDRESS. 575

constitution and laws, rules us. The sovereign is the
people, and imposes obligations upon us by laws, and in
no other form. Hence it is justly styled a government
of laws. It should therefore be the first care of the
people, that no man shall rise above the laws, or put
himself in their stead ; for he who does this, usurps
power, and places himself over the people.

Where a people is independent, where they are their
own masters, and the public officers their agents instead
of their lords, the public willj to maintain that independ-
ence, should be guided by intelligent and enlightened
sentiments, for the basis of free government is popular
intelligence, while arbitrary government rests on popular
ignorance as its most sure and stable foundation. The
despot ordinarily as much fears intellectual improvement
in the slave of his power, as does the master in the slave
of his household.

The people of the colony of Massachusetts were in
advance of the turbulent times in which they lived.
They comprehended the necessity of enlightening the
human mind, in order to give to moral power its full,
free and salutary influence. They saw that the press
was the engine to be employed against the adversaries
of civil and religious liberty, and that a knowledge of
letters must go with it.

To them we owe a debt of never ending gratitude for
establishing free schools to be maintained at the public
charge. The great wisdom evinced in thus boldly strik-
ing out a course of public policy which required the rich
to aid in educating the poor, and which is rapidly tend-
ing to revolutionize the world, has not been wasted upon
their posterity, for free schools have ever since been
cherished and maintained as the nurseries of virtue and
liberty. So deeply imbued with this attachment was the
74

576 GOVERNOR'S ADDRESS.

public mind when the Constitution of the State was
framed, that one of its sections, in language of singular
beauty, enjoins on those who administer the government
the duty of promoting the diftusion of knowledge as the'
basis of civil liberty.

In these institutions which are open with all their
privileges to all persons, even to the pauper who lives
upon public charity, superiority in intellectual advance-
ment constitutes the only distinction. Here the love of
intellectual pursuits springs up ; here the morals are
strengthened and often purified ; and here is laid the
foundation of the future eminence and usefulness of
most of our citizens. What a blessing to all ! What a
source of talent to maintain and perpetuate our institu-
tions ! And what a source of individual happiness to
those who are unable to incur the expense of a private
education ! Our attention to the interests of these insti-
tutions cannot be too vigilant, for they reward us in
making wise and virtuous citizens, and such are the
pillars of free government. Free schools are emphati-
cally the seminaries of the people, and, like the natural
sun in the firmament, shed their animating and vivifying
influences upon all.

Most colonies have been planted by the injustice of
their parent countries, and their sufferings have usually
inspired them with milder feelings and more enlighten-
ed principles. The consequence has been that when
such sentiments have taken root and acquired strength,
their influence has reached back and often produced
great changes in the policy and character of the mother
country.

Such was the effect produced by the colonies of
Greece, and such has been the auspicious influence of
the example of Massachusetts in asserting the principle,

GOVERNOR'S ADDRESS. 577

that the rich ought to contribute to the education of the
poor. It was left to her to develope this great source
of moral power, whose influence is seen, in opening the
avenues to knowledge, in dispelling the intellectual
night that would otherwise overshadow the poor, and
in achieving for them, and all the great laboring class
of citizens, new privileges and new sources of happiness.
Its influence is not less conspicuous in sustaining every
where the institutions which we most value. May it go
on, and, in its march, triumph over all the armies that
struggling despotisms may array against it.

In glancing thus at the fundamental principles of our
government, I ought to notice our political organization
and our mode of raising revenue under it, for with these
the stability of our institutions is intimately connected.

The power to tax, which is the power to appropriate
individual property to the public use, has always been
viewed as a great source of political abuse and oppres-
sion, and, under all governments, is the cause of much
jealousy, and, often of much just popular discontent.
That power therefore can never be so safely and satis-
factorily disposed of, as when it remains in the hands of
the people, for they constitute the public, and can best
determine what their own exigencies demand.

The organization of our territory into towns enables
us v\'isely to leave this delicate power to a great extent
vested in the people, who exercise it in such manner as
they think best adapted to the public good. If money
is raised by tax, for schools, or for the support of high-
ways, the grant is made by the vote of those who pay
it : the burden is voluntarily assumed, or at least in obe-
dience to the will of a majority, where the voice of all
tax payers is equal. The taxes are assessed and col-
lected, and the money disbursed under their own direc-

578 GOVERNOR'S ADDRESS.

tion, by officers of their own appointment, and account-
able to them alone. From these causes, taxes, when
imposed by the people, are borne with cheerfulness,
under the conviction ordinarily, that individual as well
as public economy is promoted by the expenditure of
the money ; that good schools and good roads restore
the value of the outlay to those who pay it. These
remarks apply to the whole authority of towns to raise
revenue. The power is in the hands of the people ;
they judge for themselves of the expediency of assuming
most of the burdens, and while all voters are tax payers
there is little danger of oppression.

This is a source of contentment superseding the
spirit of jealousy usually aroused where taxes are im-
posed by other authority, and tends strongly to compose
and harmonize public feeling. We owe much of our
tranquillity and good order to this cause, and to the cir-
cumstance that our elections are all held in town meet-
ings, by officers chosen by the people, whose votes they
are to receive. The business therefore of elections is
conducted with great despatch and decorum, and gen-
erally' to the satisfaction of the public, as all is done
openly ; and we seldom if ever witness those scenes of
riot and debauch to which a different system gives birth
in other places.

Confiding these matters of great and abiding public
interest directly to the people, produces a degree of
contentment and satisfaction which could not by any
other disposition of this power be made to pervade the
public mind. For the efficient action of the people in
the developement of their feelings and judgment in
matters touching their rights, no system of political or-
ganization that has ever fallen within my observation is
so happily devised as our municipal corporations. None

GOVERNOR'S ADDRESS. 579

is so well adapted to meet their wants and secure them
against oppression. None is so purely popular, rests
on so firm a basis, or promises so well to resist the
causes of decline in free institutions. We have there-
fore just reason to believe that our government, resting
as it does upon these little democracies, which cluster
around and support it, will continue to exist in all its
purity long after a more cumbrous organization would
crumble into ruin.

These considerations should be regarded with the
greater interest because " power is always stealing from
the many to the few" — and it is more difficult to main-
tain than to create a free government. Despotism ap-
proaches us in such varied and seductive forms ; dis-
guising its objects by insidious arts, and false professions
for the public good, that it smothers our liberties in its
unnatural embrace before we feel the grasp to be hos-
tile. Its craft often leaves the forms of free govern-
ment, but the soul perishes. It becomes us, therefore,
at all times, not only to watch with vigilance those
entrusted with power, but to interweave with our insti-
tutions every possible check against usurpation.

I cannot on this occasion omit to remark, that we are
approaching a crisis in the currency of the country which
must be regarded by us with interest, as it excites a strong
sensation in the public mind. It seems now to be the
settled policy of the Executive of the United States, that,
after the charter of the present national bank expires, no
institution of that description is to exist by his consent.
The operations of that bank, and its influence upon the
trade and business of the country are very extensive. Its
existence has imposed a restraint upon the immoderate
issues of paper by other banks, and tended strongly to
keep that paper up to the metalic standard of value.
There is never specie sufficient in the United States to

580 GOVERNOR'S ADDRESS.

redeem the bills which are in circulation. Our currency is
therefore founded on credit, and may not inaptly be call-
ed paper. Whatever measures therefore tend to excite
distrust of the credit of the banks, or to diminish the
circulation of their paper, causes a scarcity of money
and brings distress upon the community. It is not^ how-
ever, my purpose to investigate the policy w^hich has
been pursued towards the Bank of the United States, but
to invite your attention to considerations more immedi-
ately connected with this government.

The Bank of the United States has for some years
furnished to the country, principally to the south and
west, a circulation of from fifteen to eighteen millions of
dollars — which, after its discontinuance, must be supplied
from other sources.

It will be vain to look for prosperity without a cir-
culating medium which commands the public confidence.
If the currency is fluctuating, business will participate in
its character ; and the fluctuations bring disaster upon
the seller or the buyer — commerce must necessarily lan-
guish, property sink in value, and the general prosperity
be greatly abated. It is, therefore, the dictate of sound
policy to maintain a currency which shall remain firm,
and inspire public confidence.

The people desire, and the interests of the country
require two things : first, a healthy, safe currency, con-
sisting of gold and silver, or paper redeemable at sight
in those metals, and of equal value ; second, capital at
the lowest possible rate of interest ; and any arrangement
which shall produce these results will doubtless be satis-
factory to the people.

The power to regulate the value of coin, as well as to
make it, is confided to the United States, because it was
deemed essential that its value should be uniform. The
States, however, through the means of local banks, ex-

GOVERNOR'S ADDRESS. 681

ercise a great and important influence upon the currency,
and the period seems to be approaching when that influ-
ence is to be extended. Hence it becomes important
that these institutions should be placed on the most solid
foundation, and that their issues of paper should be so
regulated as to sustain the great interests of the public,
and save that public, as far as possible, from the embar-
rassment which occurs whenever a curtailment of bank
paper in circulation takes place. This calamity has so
frequently visited us within a few years past, under the
name of a pressure for money, and with such disaster to
debtors, that the subject demands investigation with a
view to avert its future recurrence.

There is, doubtless, a difl'erence of opinion as to the
causes which produce the great vacillations in the money
market. At one time the premium on capital falls below
the legal rate of interest — at another, money can scarcely
be had on any terms, or upon any security. There can,
how^ever, be little doubt that the small quantity of specie
in circulation is one of the causes tending to produce
these disastrous fluctuations. The specie in this state
(and so in most of the states,) is almost exclusively in
the banks, for no gold circulates, and only sufficient silver
to make sums under one dollar. The last returns shew
that all our banks, having a capital of ^28,236,'250, paid
in, had, on the first Saturday of October last, ^922,309 84
of specie, in their vaults, to redeem ^^7, 889,1 10 67 of
bills in circulation, ^3,716,182 37 of deposites, not on
interest, and ^7,949,940 53 on interest ; making ^19,-
889,110 67, demandable of them at sight, with the ex-
ception, perhaps, of a portion or all the deposites which
bear interest. The state of the banks in New York, so
far as 1 have seen the returns of 1832, which, though
imperfect, embrace nearly all of them, is still more un-

582 GOVERNOR'S ADDRESS.

favorable. Such is the condition of two of the most
commercial and banking states in the union, and I have
adverted to it not because it furnishes any new cause of
alarm, or varies materially from what it has been for a
succession of years, but to show the paucity of specie,
and how inadequate it is, not to redeem the bills afloat,
but to refund the deposites alone. It is obvious that if a
panic should seize the public, if distrust should over-
shadow our banks for but a day, all payments in specie
would cease, for the funds on hand do not amount to
one-twelfth of the bills in circulation, and those deposites
which they are bound to pay on demand. But while
these truths are so apparent, my belief is that no banks
in the United States are in a more sound condition, or
have more ample resources, than the banks of this state,
and none, as far as my knowledge extends, are conducted
more prudently and honorably.

But specie constitutes the basis of banking, as it is de-
mandable for bills, and gives to them their currency.
Each bank will ordinarily, to advance its interests, throw
into circulation as many bills as its means of redemption
will allow, with safety. The average in this state in
1832, was about eight dollars for one, and in 1833, about
eight and a half for one, taking all the banks together.
This disproportion between specie and paper cannot be
materially increased. Consequently, if the quantity of
specie is diminished, the paper circulation must be cur-
tailed ; if, on the other hand, it is increased, the paper
may also be increased. The paper, therefore, fluctuates
as its basis changes. Suppose, then, that the amount of
specie in the United States, in the banks, is ^20,000,000,
and the bills in circulation to be ^80,000,000. Then
suppose ^5,000,000 of this specie is drawn out of the
vaults and exported to pay balances in foreign countries.

GOVERNOR'S ADDRESS. 683

(an occurrence not unusual) one fourth of the basis of this
vast circulation is thereby taken away, and to restore the
exact ratio between the specie and the paper, ^20,000,000,
or one fourth of this paper must be recalled or withdrawn
from circulation. It may not be, and probably is not neces-
sary to restore the exact ratio, but any considerable dis-
proportion is at once felt, and the banks begin immedi-
ately to adjust their concerns by curtailing their discounts ;
the effect of which is, to diminish the quantity of bills
thrown into circulation, while the quantity flowing back
upon the banks daily (to be retained there) is undimin-
ished. In this way the circulation becomes too small for
the demands of business, and the pressure for money
which follows, will be longer, or shorter, and more or
less severe, according as the banks may speedily or grad-
ually restore the specie. The pressure occasioned by
curtailing discounts, and the consequent denial of credit,
often bears with such tremendous severity upon debtors,
as to cripple down and reduce to bankruptcy, honest,
active, enterprising citizens, who, if it were not for this
forced denial of credit, would go on prosperously with
their business, and they and their creditors continue to
be a blessing to the public, instead of all being hurried
into poverty and nakedness together.

These views tend to show that the disastrous fluctua-
tions which we experience are to some extent to be im-
puted to the fluctuations in specie ; and that the smaller
the amount of specie in the country, the more likely
they are to occur, and the more injurious is the diminu-
tion of it by any means whatever. The most obvious
remedy, therefore, against the recurrence of this calamity,
and the most certain method of saving the active industry
of the country from the devouring vortex of this almost
periodical disaster, which comes of curtailing discounts,
75

584 GOVERNOR'S ADDRESS.

is to increase, by some judiaious regulations, the quantity
of specie in circulation, to such an extent, that these oc-
casional drains shall not curtail the circulating medium
so as to produce such consequences. But how to accom-
plish this, or whether any power exists in this govern-
ment, to adopt measures which will afford effectual relief,
must be left to your wisdom to decide. If the circulation
of small bills had never been permitted, but their place
had been supplied with specie, the quantity now in cir-
culation would be large, and would greatly strengthen
the confidence of the public and the ability of the banks,
as it would flow in to supply the place of that drained
off, and thus supersede, to a great extent, the occasion
for those forced curtailments of discounts which always
prove injurious to the public. But, as the legislature has
recognized the right to issue such paper, it is question-
able whether the arrangement can now be disturbed,
consistently with the observance of good faith, without
the consent of the banks. The states which have adopted
this course are best supplied with specie ; and if the
whole country could be prevailed on to suppress small
bills, it is believed great relief would be realized from it.
All action upon this delicate and important subject should
be calm and considerate ; and all change, if any is made,
should be so gradual, as to affect no interests injuriously.
Experience has long since proved, that a metallic cur-
rency is least liable to fluctuations, and, therefore, best
adapted to the purpose for which it is designed ; and, it
is to be hoped, the earliest opportunity will be seized to
return so far to it :it least, as to rectify the present credit
system of paper currency, and prevent its pernicious fluc-
tuations.

We have additional proof daily of a disposition in all
parts of the United States, to multiply banks beyond all

GOVERNOR'S ADDRESS. 585

former precedent. The same excited state of the public
mind followed the refusal to re-charter the former bank
of the United States ; and, if now, as then, the appli-
cants for charters succeed in their wish, it is not very
improbable that the same result will follow, and the
holders of bills will be left to mourn over the inability of
the promisers to pay. This will tend further to weaken
public confidence, by exciting distrust against all banks,
and it becomes a wise people to be prepared for such an
emergency, if unfortunately for the country it should
occur.

These remarks upon this important topic have been
submitted to your consideration, because of the great and
abiding interest which the whole public have in a well
regulated and sound currency. Fluctuations visit all
who have property, and all who work to acquire it, with
injury, and compel them to submit to severe sacrifices.
What is called a scarcity of money only means that the
banks do not discount, and the banks refuse to discount
because prudence will not allow it. Under a pressure
thus occasioned, we have seen good estates dwindle,
until their possessors were left bankrupt ; we have seen
laborers thrown out of employ, or their wages greatly
reduced, and business either suspended, or in many in-
stances dragging those engaged in it towards ruin. We
have seen, also, great anxiety and dismay pervade the
whole public. Believing that under our present system
we may be again witnesses of these scenes of suflfering,
I cannot relinquish the hope that your wisdom will de-
vise some way of giving greater stability to the local cur-
rency, without doing injustice to individuals, or violating
the public faith.

In closing these remarks, I will express a desire that
Congress may no longer delay the adoption of measures

586 GOVERNOR'S ADDRESS.

to regulate the value of gold coin in a more judicious
manner. By the laws, as they now exist, the legal value
of our gold, which is one to fifteen of silver, has for sev-
eral years past on an average been between four and five
per cent, under the market value, and the consequence
is, that it has been all driven out of circulation. The
public interest seems to demand that this coin should
constitute the basis of circulation, and that measures
should be adopted either to reduce its weight, so as to
equalize its value with that of silver, or in some other
way to place it on a footing where it will be treated as
coin, instead of being exported as merchandize.

It is a duty which I owe to humanity, to invite your
attention to another subject. The laws which au-
thorize a creditor to incarcerate his debtor, under ju-
dicial process for the non-payment of debt, operate
with oppressive hardship upon the poor and the un-
fortunate. It is no crime to be poor, or to owe money
for debts honestly contracted, and yet the imprisonment
of one who has no ability to pay is often a heavy and
grievous punishment inflicted, not on -him alone, but also
on a dependent and suffering family.

This authority in the creditor is derived from the mod-
ification of ancient colonial laws, once tolerated when
public sentiment was less jealous of the power of restrain-
ing the person than at this day. These laws delivered
over the delinquent debtor to be sold into service, as a
bondman, to labor until the debt was cancelled.

This humiliating service, so degrading to persons born
to the rights of citizens, and so analogous to slavery, fell
into discredit, and laws authorizing an imprisonment for
a term of time, were substituted.

By this change, the debtor is released from the liabil-
ity to an odious bond-service ; but he is a prisoner,

GOVERNOR'S ADDRESS. 687

instead of a slave, and in some respects in a worse condi-
tion than before. As a bondman, he was put to labori-
ous service; as a prisoner, he is often immured with
felons. As a bondman, he discharged his debt ; as a
prisoner, his time is wasted, and his morals exposed to
the influence of depravity.

The right to deprive a free citizen of his liberty by
imprisonment, when he has been guilty of no offence,
and of no wrong, may well be questioned; but however
this may be, the power, it appears to me, is liable to
abuses, which render it inexpedient to confide it to any
one.

It is believed often to occur, that helpless families are
cast upon public or private charity, because their natural
protectors, on whose daily exertions they depend, are
torn from them under this process by unfeeling creditors.
When the poor man's time is most precious to him, when,
by toiling under a burning sun, through a long day, he
can earn a dollar, he is followed into the field by an ex-
ecution, issued designedly at this moment, upon some
small claim, and presented with the alternative to pay the
debt, now swelled to nearly double its amount by costs
and fees, or to waste away his time, the great resource
of his family, in prison. To pay even a small debt sur-
passes his ability. To go to jail is the ruin of his hopes,
for this is the period of his httle harvest. Perhaps rather
than submit to such a distressing alternative, he yields
up to his importunate creditors the little property which
the law protects for the benefit of his family, his cow or
his bed, or compromises, by his employer's paying the
cost and fees, and part of the debt, while he gives his
note for the balance, and is fortunate if he escapes a
visit from it in the form of a new execution, with another
bill of costs, the next summer.

588 GOVERNOR'S ADDRESS.

A bill of costs of a few dollars, or the loss of a month's
time, may seem to those who have ample resources as
matters of inconsiderable moment, as burdens which
may be easily shaken from the shoulders ; but, in the
economy of a poor family, struggling to sustain itself,
they are things of great consideration, a tax that cannot
be borne without distress, and it is believed the number
of persons is not small, who, under the complicated evils
growing out of a repetition of this aggravating process,
sit down, heart broken, and in despair look to the poor
house for relief.

It seems to me incompatible with an enlightened view
of civil liberty, with humanity itself, to -authorize the im-
prisonment of a debtor who fails to pay, not because he
fraudulently conceals his property, but because he has no
means. It cannot be justified as a punishment nor as a
measure of coercion, for coercion in such a case must
be unavailing. Laws were long since interposed to
rescue from seizure those articles of property indispen-
sable to the subsistence of a family, and it is difficult to
assign any reason why one needing this protection should
be liable to be imprisoned for debt. But it is still more
difficult to understand why a debtor's tools of his trade
are exempted from seizure, unless upon the supposition
that the tools can work without him. It seems to me
therefore to be a power, which, in the hands of the vindic-
tive or unfeeling creditor, may be, and probably is often
greatly abused ; and I submit to your wisdom whether
the laws in this respect ought not to be so modified
as to exempt this unfortunate class of our fellow citizens,
who are made to feel, in other ways, enough of the mis-
eries incident to human life, from liability to imprison-
ment. The act will be honorable to your humanity, and
will be consecrated by the silent tears and grateful hearts
of many.

GOVERNOR'S ADDRESS. 589

Human wisdom has established tribunals to settle the
controversies of individuals, but none have as yet been
established with authority to adjust the disputes of na-
tions. The injuries and insults inflicted by one nation
upon another, must therefore either remain unrequited,
or be avenged with blows. The experience of the world
has proved that it is expedient to anticipate national con-
flicts by a preparation to meet them, and that it is unwise
to neglect such forecast.

Standing armies are the guardian power of the gov-
ernments of Europe, and are well adapted to that pur-
pose, for those governments owe their origin to military
power, being a modified, but milder form of the ancient
feudal military aristocracy. Such forces being subdued
to^he will of their master by despotic discipline, fed
from the public granary, clothed from the public store-
house, and paid from the public chest, are the appro-
priate power to sustain such governments, for they are
interested to hold the people in subjection, that they
may live upon their labor.

These considerations all admonish us, in the most ur-
gent manner, to regard standing armies in time of peace,
as dangerous and oppressive ; — dangerous, because or-
dinarily they neither enjoy nor respect liberty ; — oppres-
sive, because the public are taxed for their support.

A militia, or armed population, is the legitimate pro-
tector of a free government, and of a free country. It
is the people entrusted with the protection of their own
institutions, and the defence of their own homes ; and
while patriotism and a love of liberty are cherished, this
power will never be appealed to in vain to vindicate the
country against usurpers or invaders.

The fact that we have in the United States an organ-
ized body of fourteen hundred thousand armed citizens,

590 GOVERNOR'S ADDRESS.

presents us in an attitude so strong, that no foe dares
penetrate the interior unless supported by a powerful
army. The enemy, during the last war, stole along our
coast as a marauder, destroying unprotected property
and then fleeing to his ships ; but he shrunk from an
encounter with the armed population of the interior, or
of our towns and cities. Such was the practical respect
paid to this force by a skilful and courageous enemy,
who affected to hold it in contempt.

The militia have at all times during the darkest period
of our history, when other troops could not be raised for
the public service, been our reliance, and they have
never failed to come to the rescue of that country which
owes to their patriotism and valor the achievement of
many of its brightest honors. While therefore a regard
for the public welfare demands that the institution should
be respected and perpetuated as the shield of our liber-
ties, justice requires that it should not be rendered odious
by an unequal distribution of the burdens incident to it.
In adjusting the system so as to render it useful, the
burdens should be made to fall with as much equality as
possible, and should be as light as is consistent with an
efficient organization. If the laws should be so modified
as to attain these ends, I feel assured that the young
men of this day are not less patriotic than their fathers,
and will bear with equal cheerfulness whatever the good
and safety of the republic requires.

I congratulate you and the people of the Common-
wealth, upon the manifestation of public spirit which
animates our fellow citizens, and is fast overcoming
obstacles hitherto considered almost insurmountable bar-
riers to a rapid communication between tide water and
the interior.

The railways which are constructing in different direc-

GOVERNOR'S ADDRESS. 691

tions from this metropolis, are doubtless destined to be-
come the highways of a great and increasing internal
commerce. By giving new facilities and greater despatch
to the exchange of commodities, fresh sources of business
will be developed — a more vigorous activity be given to
industry — the trade and commerce both of the city and
country will be enlarged, and Massachusetts, always dis-
tinguished for commercial enterprise, will not be found
behind her sister states in furnishing those great facili-
ties to business which alone can enable her citizens to
maintain her character and uphold her prosperity. These
lines of interior communication will also give great addi-
tional strength and security to the maritime frontier, for
the physical force of the adjacent country for a great
distance, may in times of peril from invasion be con-
centrated on the coast in a few hours, and this living
breast work will present to an enemy a more imposing
barrier than one o^ stone and iron.

Of the state of the finances I shall not attempt to
speak, as I am not as yet acquainted with the details of
the treasury, but I entertain no doubt that we all feel
the obligation we are under to observe a system of just
economy in the expenditure of the public money.

You will permit me in concluding these remarks, to
observe, that while 1 shall endeavor faithfully to dis-
charge the duties specially confided to me, I shall at all
times co-operate most cordially with you in whatever
tends to promote the happiness of the people, and to
preserve our liberties.

I feel a deep solicitude that the character of this an-
cient Commonwealth should be preserved ;— that her
prosperity should be maintained ; — that her patriotism
should stand unpolluted by ambition or selfishness ; —
that her love of popular government should remain un-
76

592 GOVERNOR'S ADDRESS.

abated ; — that her moral power should send its influence
abroad with renewed energy ; — and that she may live
on, with the high distinction which is accorded to her,
of being the cradle of liberty and the parent of free
schools. And may that Divine Being, who conducted
our fathers across the great expanse of water in safety
to this shore, and who, from a small number, has estab-
lished a great people, vouchsafe to us these blessings.
And let us, acknowledging our own feebleness, entreat
him, in his merciful providence, to harmonize our coun-
cils, to fill us with wisdom, and to guide us in the way
that is right.

JOHN DAVIS.
Boston, Jan. 21, 1834.

WARREN BRIDGE. 593

CHAP. I.

Resolve concerning Warren Bridge.

January 13, 1834.

Resolved, That the Governor and Council, be, and
they are hereby authorized, to settle with the proprietors
of Warren Bridge for the tolls heretofore received by
the said proprietors, upon the principles of the act of
eighteen hundred and thirty-three, chapter two hundred
and nineteen, entitled an act concerning Warren Bridge.

CHAP. II.

Resolve on the Petition of Jonathan H. Cobb.

January 17, 1834.

Resolved, That the sum of one hundred ^nd two dol-
lars and eight cents be paid from the treasury of this
Commonwealth to Jonathan H. Cobb, for his services
as register of probate in the county of Norfolk, from the
first day of October, in the year of our Lord one thou-
sand eight hundred and thirty-three, to the twenty-third
day of November, in the same year, under an appoint-
ment by the judge of probate of said county ; and that
the governor be authorized and requested to draw his
warrant accordingly.

594 WOR. COUNTY COMMISSIONERS.

CHAP. III.

Resolve on the Petition of the County Commissioners of
the County of Worcester, and the Memorial of the In-
habitants of the Town of Worcester.

January 17, 1834.

Resolved, That, for reasons set forth in this petition of
the county commissioners of the county of Worcester,
and of the inhabitants of the town of Worcester, the
Commonwealth of Massachusetts do hereby give, grant,
and convey unto the inhabitants of the county of
Worcester, all right, title, and interest, which the said
Commonwealth now has or may have in and unto a cer-
tain tract of land situated in the town of Worcester, the
use of which was granted to said inhabitants by virtue
of a resolve passed the fourteenth day of February, in the
year of our Lord one thousand seven hundred and
eighty-five, "for the purpose of creating and accommo-
dating a public county gaol." And the commissioners
of said county, for the time being, are hereby authorized
by deed or deeds to give, grant, or sell the said land in
fee for the benefit of said county, either by public auc-
tion or otherwise, as they may deem expedient, on the
condition that the inhabitants of said county provide a
suitable building to be used and occupied as a public
gaol.

MESSAGE. 595

CHAP. IV.

Resolve on the Petition of Henry Gates.

January 18, 1834.

Resolved, That there be paid, out of the treasury of this
Commonwealth, to Henry Gates, of Hubbardston, in
the county of Worcester, fifty dollars a year during his
natural life, in consideration of his long and still con-
tinued sufferings from a wound received by him at the
battle of Bunker Hill. The first payment to be made
on the first day of February next ; and his excellency
the governor is requested to draw his warrant, from
time to time, accordingly.

CHAP. V.

To the Senate and

House of Representatives. ^

I take the earliest opportunity to transmit, for your
consideration, the following papers, many of which re-
late to matters of public interest, and require legislative
action.

1. Sundry letters and documents relating to the sales
of public lands, and to complaints made by British
authorities against the agents of this state and Maine.

696 MESSAGE.

2. The reports which relate to the affairs of the lu-
natic hospital at Worcester.
-^ 3. Those which concern the state prison.

4. A memorial, report, and various documents which
relate to the Marshpee Indians.

5. Resolutions of Mississippi, Connecticut, Pennsyl-
vania, Maryland, New York, and South Carolina, upon
topics of public interest.

6. A letter from Charles Jackson, Esq., respecting
the progress made by commissioners appointed to revise
the public statutes.

7. The report and other documents which relate to
the survey of the state ; and the tolls received by the
Warren Bridge Corporation.

With these papers I beg leave also to place before
you a letter, addressed by the late governor to me, in
which he has given a distinct and lucid narrative of the
public affairs connected with them, which will better aid
your investigations than any exposition 1 can make, as
the matters to which they relate have been in his imme-
diate care, and he has bestowed upon them his usual
zeal and attention. Jt will be found that the affairs of
the state prison a^^h'arlestown are in a highly prosper-
ous condition ; — that the lunatic hospital has greatly
meliorated the condition of a large number of our unfor-
tunate fello^5*citizens, who have been afflicted with men-
fal alienation ;— that the public lands are to be hereafter
a source of large revenue to the state ; — that, by a tem-
perate and judicious course, the excitement among the
Indians was composed, — and that the affairs of the Com-
monwealth generally are in a prosperous condition.

I learn also, by this communication, that major gen-
eral Capen. of the first, and major general Heard, of
the sixth division of the militia, have been honorably

MESSAGE. 597

discharged. It will therefore become necessary to fill
those offices according to the provisions of the consti-
tution.

JOHN DAVIS.

Council Chamber^ January 24, 1834.

CHAP. VI.

Resolve on the Petition of Mary Schindler McConnell.

January 29, 1834.

Resolved, That the land agent be, and he hereby is
authorized and empowered, to give to the heir or heirs of
John Schindler, a deed of lands, agreeably to the resolve
of March 4th, 1828, granting bounty lands to the sol-
diers who served in the revolutionary war, and their
heirs as therein described.

CHAP. VH.

To the Senate, and the

House of Representatives.

I herewith transmit certain legislative proceedings of
the state of North Carolina, expressing the sentiments
of the government of that state in relation to the militia,
and calling upon congress " to adopt the necessary

698 PETITION OF MARIA F. GREENOUGH.

measures to render the system of militia discipline of
the United States less burthensome in its character, and
more efficient in its organization." It seems to be the
opinion of the legislature of that state, that the term of
service is too long ; that the liability to do duty should
be limited to the " young and the robust," and that
proper measures to organize and train this class effect-
ually would secure to the country a more efficient force
than it now has.

JOHN DAVIS.

Council Chamber^ January 31, 1834.

CHAP. VIII.

Resolve on the Petition of Maria F. Greenough, Guardian.

Februarys, 1834.

Resolved, That Maria F. Greenough be, and she is
hereby fully authorized to make, execute, acknowledge,
and deliver a good and sufficient deed, granting and con-
veying unto the Boston and Providence Rail Road Com-
pany, at and for the consideration or price of not less
than one hundred and twenty-five dollars per acre, the
two following described parcels of land, situated in Rox-
bury, in the county of Norfolk, viz : one parcel is bounded,
commencing at the north-west corner of the land to be
conveyed, where the rail road meets the passageway
between this land and land of J. Seavern's heirs, and
running thence easterly by the passageway aforesaid to

PETITION OF MARIA F. GREENOUGH. 599

stoney brook, thence south and southeasterly along said
brook, to land of John Parker's heirs, thence westerly by
land of said Parker's heirs to the northwesterly side of
the rail road as now located, thence northeasterly along
the northwest side of the rail road to the place where
the description commences ; containing one hundred and
fifty-three thousand nine hundred and seventy-one square
feet — also, a certain other parcel of land, taken and ap-
propriated for the rail road, commencing on the north-
west side of the rail road, where it meets the land of
John Parker's heirs, and running thence southerly by the
land of these heirs across the rail road to the southeast
side thereof, thence south-westerly along the southeast
side of said rail road to land of Eben. Weld, and across
the rail road, thence northeasterly on the northwesterly
side of the rail road to place of beginning, amounting to
thirty-six thousand four hundred and sixty-five square
feet. And that the deed of said Maria, executed and de-
livered under this resolve, for, and in behalf of David S.
Greenough, John Greenough, Anne Greenough, James
Greenough, and Jane D. Greenough, her wards, shall
convey and grant to said Boston and Providence Rail
Road Company, all the right, title, interest and estate of
said minors, respectively, of, in, and to said parcels of
land, as effectually as if said wards were of full age, and
had personally, in due form of law, made a proper con-
veyance thereof to said company. Provided, however,
that before making said conveyance, the said Maria
shall give bond, with sufficient surety or sureties, to the
judge of probate in said county of Norfolk, in sufficient
penalty to account to said minors for their respective
shares of the price to be received for the conveyance of
said two parcels of land to said company, with the accu-
mulating interest thereon.
77

600 PETITION OF DANIEL FELLOWS.

CHAP. IX.

Resolve on the Petition of Daniel Fellows, Guardian of
the Chappequiddic Indians.

February 4, 1834.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to Daniel Fellows,
guardian of the Chappequiddic Indians, the sum of two
dollars per week, for the support of Polly Madison, one
of said Indians, for the term of one year, from and after
the fifteenth day of January, in the year of our Lord one
thousand eight hundred and thirty-four, if she shall so long
live, and that his excellency the governor be, and he is
hereby authorized to draw his warrant accordingly.

CHAP. X.

Resolve on the Petition of Samuel F. Arnold.

February 4, 1834.

Resolved, That, for the reasons set forth in the petition
of Samuel F. Arnold, there be allowed and paid to him
out of the treasury of this Commonwealth, the sum of
fifty dollars, in full compensation for the injuries sustained
by him in consequence of a wound received by him while
in performance of military duty ; and that his excellency
the governor be, and he is hereby authorized to draw his
warrant accordingly.

PETITION OF RUTH HULL. 601

CHAP. XL

Resolve on the Petition of Ruth Hull.

February 4, 1834.

Resolved^ For the reasons set forth in said petition,
that the said Ruth Hull is entitled to all the benefits
secured to the widows of officers and soldiers of the rev-
olutionary war, in and by a resolve approved on the
twenty-seventh day of March in the year of our Lord
one thousand eight hundred and thirty-three ; and that
two hundred acres of the land therein mentioned be
conveyed to her by the land agent, or the sum of fifty
dollars be paid to her by the treasurer of this Common-
wealth, at her election, and in the manner expressed in
said resolve.

CHAP. XII.

Resolve on the Petition of Ezekiel Tripp.

February 6, 1834.

Resolved, That Elizabeth Tripp, daughter of Ezekiel
Tripp, of New Bedford, in the county of Bristol, be
placed upon the list of pupils supported by this Common-
wealth at the American Asylum for the education of the
Deaf and Dumb, at Hartford, agreeably to the provisions
of the resolves heretofore passed in relation to state bene-
ficiaries at said asylum.

602 MESSAGE.

CHAP. XIII.

To the Senate, and

House of Representatives,

I transmit without delay the annual returns of the
adjutant general, who is also the acting quarter master
general, accompanied by a report designed for your con-
sideration by that officer, which has not reached me until
now. Having recently expressed a wish that the laws
might be so modified as to equalize the burdens incident
to militia duty, so that they may neither bear heavily or
unjustly upon the soldier or the citizen, I will now barely
renew that wish, being persuaded that your wisdom will
discover the right method of securing the interests of the
state, and giving contentment to the public.

JOHN DAVIS.

Council Chamber, February 7, 1834.

CHAP. XIV.

Resolve for the payment of the Accounts for certain repairs
and alterations at the State House.

February?, 1834.

Resolved, That the treasurer of the Commonwealth be
authorized and directed to pay to the persons whose

REPAIRS AT STATE HOUSE. 603

names are borne on the roll hereunto annexed, the sums
set against their names respectively, for services per-
formed and materials furnished in making certain repairs
and alterations at the state house during the year one
thousand eight hundred and thirty-three, amounting in
all to the sum of three thousand eighteen dollars and
twenty-five cents, and that a warrant be dravi^n accord-
ingly.

A ROLL

Containing the names of the persons, and the several
sums due to them respectively, for services rendered,
and materials furnished for repairs and alterations at
the state house in the year 1833.

To Hon. Benjamin Russell, ^283 \ For their services as
Charles Leighton, Esq., 150 > committee superin-
Lot Pool, Esq., 150 ) tending the work.

;^583 00

Thomas Randall, for work and materials, 1,292 48
Foster and Lawrence's bill for chairs, &c. 265 00
John H. Wheeler, for work and materials, 780 02
S. & W. Hunneman, for brass work, 64 50

A. Benjamin, Esq., for plans, 20 00

John B. Jones, for inkstand, 8 00

Edward Watson, for inkstands, 5 25

Amounting in all, ^3,018 25

604 AMENDMENT TO CONSTITUTION.

CHAP. XV.

Resolve for the due enrolment and promulgation of the
Eleventh Article of Amendment to the Constitution of
this Commonwealth,

February 12, 1834.

Whereas the specific article of amendment, hereafter
recited, was proposed in the general court of this Com-
monwealth, elected for the year of our Lord one thousand
eight hundred and thirty-two, as an amendment to the
constitution of the said Commonwealth, and was agreed
to by a majority of the senators, and two-thirds of the
house of representatives, present and voting thereon, and
was thereupon entered upon the journals of the two
houses, with the yeas and nays taken thereon ; and was
afterwards referred to the general court elected and re-
turned for the year one thousand eight hundred and
thirty-three, and published as by the constitution is re-
quired ; and whereas, the said specific article of amend-
ment was also agreed to by a majority of the senators,
and two-thirds of the house of representatives of the last
mentioned general court, present and voting thereon ;
and the said article of amendment was afterwards duly
submitted to the people of the Commonwealth, in order,
that, if the same should be approved and ratified by a
majority of the qualified voters, at meetings legally warn-
ed and held for that purpose, the same might become a
part of the constitution of this Commonwealth ; and
whereas it appears, by the returns of votes duly made

AMENDMENT TO CONSTITUTION. 605

and transmitted to the secretary's office, from the city of
Boston, and the several towns and districts of this Com-
monwealth, that, at meetings legally warned and held
for that purpose, in the said city, towns and districts, on
the eleventh day of November last, the said specific arti-
cle of amendment has been duly approved and ratified
by a majority of the qualified voters of the said Com-
monwealth voting thereon, as required by the constitu-
tion ; and the said article of amendment has accordingly
become a part of the constitution of this Commonwealth,
to wit :

" ARTICLE OF AMENDMENT.

Instead of the third article of the bill of rights, the
following modification and amendment thereof is substi-
tuted :

As the public worship of God, and instructions in piety,
religion, and morality, promote the happiness and pros-
perity of a people, and the security of a republican gov-
ernment ; therefore, the several religious societies of this yj^^
Commonwealth, whether corporate or unincorporate, at ^'^
any meeting legally warned and holden for that purpose,
shall ev^er have the right to elect their pastors or religious
teachers, to contract with them for their support, to raise
money for erecting and repairing houses for public wor-
ship, for the maintenance of religious instruction, and for
the payment of necessary expenses ; and all persons be-
longing to any religious society shall be taken and held
to be members, until they shall file with the clerk of such
society a written notice, declaring the dissolution of their
membership, and thenceforth shall not be liable for any
grant or contract which may be thereafter made or en-
tered into by such society. And all religious sects and

606 AMENDMENT TO CONSTITUTION.

denominations demeaning themselves peaceably, and as
good citizens of the Commonwealth, shall be equally
under the protection of the law ; and no subordination of
any one sect or denomination to another, shall ever be
established by law."

Resolved, That the above recited article of amendment
shall be enrolled on parchment, and deposited in the sec-
retary's office, as a part of the constitution and funda-
mental law of this Commonwealth ; and shall be pub-
lished, in immediate connexion therewith, as the eleventh
article of amendment thereto, in all future editions of the
laws of this Commonwealth, printed by public authority.
And in order that the said article of amendment may be
duly promulgated, without delay, among the people of
this Commonwealth : —

Be it further resolved, That his excellency the governor
be, and he hereby is authorized and requested to issue
his proclamation, reciting the said article of amendment,
and announcing that the same has been duly adopted and
ratified by the people of this Commonwealth, and has
become a part of the constitution thereof; and requiring
air magistrates and officers, and all the citizens of the
said Commonwealth, to take notice thereof, and govern
themselves accordingly.

PETITION OF JOHN REED. 607

CHAP. XVI.

Resolve on the Petition of John Reed,

February 14, 1834.

Resolved, That, for the reasons set forth in the petition
of John Reed, there be allowed and paid to him the sum
of forty dollars, in full compensation for his services in
the detection and prosecution of a person guilty of hav-
ing and passing counterfeit bank bills ; and that his ex-
cellency the governor be, and he is hereby authorized to
draw his warrant accordingly.

CHAP. XVII.

Resolve on the Petition of Barzillai F. Ellis.

February 14, 1834.

Resolved, That, for the reasons set forth in the petition
of Barzillai F. Ellis, there be allowed and paid to him
the sum of eighty-eight dollars, in full compensation for
the expenses and injuries sustained by him in consequence
of a wound received by him while in performance of mil-
itary duty ; and that his excellency the governor be, and
he is hereby authorized to draw his warrant accordingly.

608 SURVEY OF COMMONWEALTH.

CHAP. XVHI.

Resolve for publishing a second edition of the Geological
Survey of this Commonwealth.

February 17, 1834

Resolved, That his excellency the governor, with the
advice of the council, be authorized to cause to be print-
ed, under the superintendence of the geological surveyor,
a new edition of five hundred copies of Professor Hitch-
cock's report on the geology of this Commonwealth, and
the atlas accompanying it, with such alterations and ad-
ditions as may be proposed by the professor, and ap-
proved by the executive ; and that a warrant be drawn
on the treasurer for such sum as may be necessary to de-
fray the expense thereof : provided, that the whole expen-
diture shall not exceed the sum of two dollars and sixty
cents for each copy.

Resolved, That the said five hundred copies, when
published, shall be delivered to the secretary of the Com-
monwealth, and be distributed in the following manner,
viz :

Twelve copies to the governor.

Ten copies to the surveyor.

One copy to each of the chaplains of the senate and
house of representatives.

One copy to each incorporated lyceum and atheneum
in this Commonwealth.

Two copies each to the Berkshire Medical Institution,
and the Massachusetts Medical College.

PETITION OF BELA P. CLAPP. 609

One copy to each member of the council, senate, and
house of representatives, who was not a member of either
of those branches of the government for the last year.

One copy to each of the permanent clerks in the offi-
ces of the secretary of state, treasurer, and adjutant gen-
eral.

Two copies to the Pilgrim Society at Plymouth ; and
the remaining copies to be disposed of in such manner as
the legislature may direct.

CHAP. XIX.

Resolve on the Petition of Bela P. Clapp, Guardian of
Theodosia Parsons.

February 18, 1834.

Resolved, For the reasons set forth in said petition, that
Bela P. Clapp, of Westhampton, in the county of Hamp-
shire, guardian of Theodosia Parsons, of Westhampton
aforesaid, a person non compos mentis, is hereby author-
ized, at any time within three months after the passing
of this resolve, to make and file in the probate office in
said county of Hampshire, his affidavit, setting forth the
time, place, and manner in which he gave notice of the
sale of certain real estate of the said Theodosia Parsons,
situated in Northampton, in said county, and which he,
the said Clapp, was licensed to sell, by a decree of the
probate court held within and for the county of Hamp-
shire, on the seventh day of February, in the year of our
Lord one thousand eight hundred and thirty-two : and
such reasonable notice being given to all persons interested

610 TREASURER TO BORROW MONEY.

in such real estate, as the judge of probate for said county
of Hampshire shall order, to appear and shew cause, if
any they have, why such affidavit should not be filed as
aforesaid, and no such persons interested as aforesaid
appearing, and shewing good cause to the contrary, such
affidavit, being so filed, shall be evidence of the time,
place, and manner in which such notice of sale was given,
and be as efiectual for all purposes, as if the same had
been made and filed in said probate office within the time
prescribed by law.

CHAP. XX.

Resolve authorizing the Treasurer to borrow Money.

February 22, 1834.

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 cor-
poration therein, or of any individual or individuals, such
sum or sums of money as may from time to time be
necessary for the payment of the ordinary demands on
the treasury, at any time before the meeting of the
next general court, and that he pay any sum he may
borrow, as soon as money sufficient for the purpose, and
not otherwise appropriated, shall be received in the
treasury. Provided, however, that the whole amount
borrowed by authority hereof, and remaining unpaid,
shall not at any time exceed the sum of two hundred
thousand dollars.

COUNTY TAXES. 611

CH^P. XXI.

Resolve granting Taxes for the several Counties.
February 22, 1834.

Whereas, the treasurers of the following counties have
laid their accounts before the legislature, which accounts
have been examined and allowed, and the clerks of the
county commissioners have exhibited estimates made by
said commissioners of the necessary charges which may
arise within their respective counties for the year ensuing,
and of the sums necessary to discharge the debts of said
counties,

Resolved, That the sums annexed to the several coun-
ties in the following schedule, be, and the same are hereby
granted as a tax for each county respectively, to be ap-
portioned, assessed, paid, collected and applied for the
purposes aforesaid, according to law, viz :

The county of Norfolk, thirteen thousand dol-
lars, 13,000

The county of Hampshire, six thousand dollars, 6,000

The county of Plymouth, ten thousand dollars, 10,000

The county of Worcester, sixteen thousand dol-
lars, 16,000

The county of Franklin, eight thousand dol-
lars, 8,000

The county of Berkshire, twelve thousand dol-
lars, 12,000

The county of Barnstable, five thousand dol-
lars, 5,000

The county of Dukes County, six hundred dol-
lars, 600

612 PETITION OF RICHARD S. FAY.

The county of Hampden, six thousand dollars, 6,000

The county of Essex, ten thousand dollars, 10,000
The county of Middlesex, seventeen thousand

dollars, 17,000
The county of Bristol, sixteen thousand dol-
lars, 16,000

CHAP. XXII.

Resolve on the Petition oj Richard S. Fay.

February 25, 1834.

Resolved, For the reasons set forth in the petition of
Richard S. Fay, administrator de bonis non, of the goods
and estate which were of Joseph Hastings, late of Cam-
bridge, in the county of Middlesex, deceased, that said
Fay, in his capacity of administrator as aforesaid, be au-
thorized to make and deliver to John Hastings, of Water-
vliet, in the state of New York, a proper deed, whereby
to convey to the said John, the same real estate of said
deceased, situated in Hardwick, in t4ie county of Worces-
ter, which the said John heretofore purchased, as highest
bidder therefor, at a public vendue, held by said admin-
istrator, pursuant to a licence granted at a court of pro-
bate, holden at Cambridge, in the county of Middlesex,
on the eighth day of November, in the year of our Lord
one thousand eight hundred and thirty-two ; and such
deed shall have the like validity and effect as though the
same had been duly made and delivered within one year
from the time of granting said license.

MESSAGE. 613

CHAP. XXIII.

To the Senate and

House of Representatives.

I transmit, for the information of the legislature, a
letter addressed to me by the president of Harvard Uni-
versity, in behalf of himself and the fellows of the col-
lege, expressing their gratitude to the Commonwealth
for a valuable collection of minerals made, by order of
the legislature, by professor Hitchcock, during his geol-
ogical survey, and presented to that seminary.

JOHN DAVIS.

Council Chamber, February 26, 1834.

CHAP. XXIV.

To the Senate and the

House of Representatives.

On the 28th day of March, 1833, a law was approv-
ed, whereby the right to take toll for passing Warren
Bridge was extended for the term of one year from
that time, to be collected and disposed of, as is provi-
ded for in that act. This course was, doubtless, pursu-
ed, because of the pendency in the supreme court of the
United States, of a suit in behalf of the proprietors of
Charles River Bridge against the Warren Bridge Cor-

614 CURRENCY, &c.

poration. It was then believed that the suit would
come to a final decision before the said right to take
toll should expire, but I am informed by the Warren
Bridge Corporation, that it is again continued, and will
stand so until the term of the court in 1835. In order
to do justice to all parties, this will probably render fur-
ther legislation necessary. I transmit herewith a com-
munication of the Warren Bridge Corporation, making
known the fact that said suit is continued.

JOHN DAVIS.

Council Chamber, February 28, 1834.

CHAP. XXV.

RESOLVES

In relation to the Currency, and to the Removal of the De-
posites of Public Money from the Bank of the United
States.

March 1, 1834.

Whereas, in the midst of a season of general prosperity,
the community has been suddenly visited by a distress-
ing and alarming financial crisis, which has created
great embarrassment in all branches of business, oc-
casioned many bankruptcies, and, if much longer con-
tinued, threatens to involve in ruin a considerable
portion of the active part of the citizens, of all em-
ployments and of all political parties ; and

Whereas it is expedient that, under these circumstan-
ces, the citizens should unite, without distinction of

CURRENCY, &c. 616

party, in the adoption of such conciliatory, temperate,
and at the same time vigorous and efficient measures
as are best fitted to afford the necessary relief, and
particularly that the general court of this Common-
wealth should express their opinion upon the subject,
to the end that the senators and representatives of
the Commonwealth in congress may be the better
enabled to carry into effect the intentions of their
constituents : therefore

1. Resolved, That a sound and healthy state of the
currency is one of the most important elements in the
economical prosperity of the country, and that, although
a purely metallic currency may perhaps in theory be
preferable to any other, the present methods of transact-
ing business render it absolutely necessary that the cir-
culating medium should consist in part of paper.

2. Resolved, That, though the coinage of the pre-
cious metals is, and should be every where, one of the
functions of the government, the experience of all coun-
tries has proved that, for the supply of the portion of
the circulating medium which consists of paper, the
agency of private corporations or banks, compellable at
all times by law to redeem their notes with specie, is
preferable to that of the government, which not being
subject to the same compulsion, is constantly liable to
carry the emission of paper money to a dangerous ex-
cess.

o. Resolved, That it is essential to a sound state of
the tiurrency, that the private corporations or banks,
which perform the important service of supplying the
portion of the circulating medium which consists of
paper, should be perfectly solid, and that the necessary
security is much better obtained through a national in-
stitution, possessing a large capital, and subject to the
79

616 CURRENCY, &c.

constant supervision of the general government, than it
possibly can be through the smaller banking corporations
chartered under the authority of the states.

4. Resolved, That, in addition to its greater solidity
and security, a national institution, having branches in
all parts of the country, possesses, as an agent for the
supply of a paper currency, the great advantage that it
furnishes a safe and ready means for remittances from
one part of the union to another, while the circulation
of the state banks, however solid, is necessarily limited
to their respective immediate neighborhoods : and is
also of signal use in equalizing the exchanges, and there-
by facilitating all the mercantile operations of the com-
munity.

5. Resolved, That some concerted arrangement, per-
vading all parts of the country, is absolutely necessary
to the government, for the purpose of receiving, paying
over and transferring from one place to another the pub-
lic money ; — that the state banks, in consequence of the
comparative smallness of their capital, their exemption
from any control or supervision by the general govern-
ment, and their want of connexion with each other, are
incapable of performing this service with advantage, and
that any system of concerted action that might be estab-
lished among state banks, employed to collect and pay
over the public revenue, could only constitute a very
unsafe and imperfect approximation to a well constituted
national institution.

6. Resolved, That the advantages which might have
been expected to result from the establishment of a na-
tional institution of this description, were fully realized
in the practice of this country during the existence of
the first national bank — the currency of the country hav-
ing been during that time in a uniformly healthy state.

CURRENCY, &c. 617

and the service of the treasury performed with exactness
and fidelity ; — that soon after the expiration of the char-
ter of that institution, the currency and the whole finan-
cial arrangements of the government fell into a state of
confusion, which was greatly increased by the want of a
national bank, and of which the termination was mate-
rially assisted by the establishment of the present one ;
that as soon as the present bank had gone into full ope-
ration, the currency and the financial arrangements of
the government assumed again a regular and healthy
state, which they have uniformly maintained up to the
present time.

7. Resolved, That the objections to the constitution-
ality of a national bank, which were originally enter-
tained by many of the wisest statesmen and purest pat-
riots, were abandoned by themselves on the establishment
of the present one ; that the regulation of the currency
being committed by the constitution to the general gov-
ernment, it is entirely conformable to the spirit of that
instrument, that the institution which is principally relied
upon to furnish the paper portion of the currency, should
be a national one, under the regulation and supervision
of congress, and that the adjudications of the courts of
justice, and the acquiescence of all branches of the gen-
eral government, of all the states, and of the community
at large, in this construction, sufficiently prove that it is
considered by the people as entirely correct and sound.

8. Resolved, That other objections which have been
made to the establishment of a national bank, on the
ground that it introduces foreign capital into the coun-
try, and that it has a tendency to build up a monied
aristocracy, are unfounded and illusory ; that the intro-
duction of foreign capital is always an advantage, and
that the influence of a national bank on the currency

618 CURRENCY, &c.

and on the business transactions of the community, is
particularly favorable to the middling and poorer classes
of the people, which are more interested than any others
in the maintenance of a healthy state of the currency,
and more injuriously affected by the fluctuations and
embarrassments that are incident to an unsound one.

9. Resolved^ That, for the reasons set forth in the
preceding resolves, we consider a well constituted na-
tional bank as one of the most valuable and important
institutions of the country ; — that we have seen with
deep regret the disposition manifested by the present
chief magistrate of the United States, to use his influ-
ence in opposition to the existence of any such bank ; —
and we cannot relinquish the hope that he will yet con-
cur with the legislature of the union, in continuing to the
people the great advantages that result from the exist-
ence of a national bank.

10. Resolved, That the act of the President overrul-
ing the decision of the late secretary of the treasury on
the question of the removal of the deposites, adds an-
other to the many previous proofs of a disposition in the
executive councils to concentrate all possible power in
the hands of a single individual, and thus to mould our
government more nearly to the monarchical form, in dis-
regard of those salutary restrictions on executive power
which were intended to make its acts the emanation of
joint and compromising councils, rather than the will of
one man, or of one department of the government.

11. Resolved, That the reasons submitted to Con-
gress by the secretary of the treasury, for the late remo-
val of the public treasure from the custody of the bank,
are not sufficient to justify the measure.

12. Resolved, That the removal of the deposites of
public money from the custody of the bank of the United

CURRENCY, &c. 619

States, by compelling the bank to curtail its discounts
and call in the balances due to it from the local banks,
by deranging the currency of the country and producing
a general distrust, has been the principal, if not the only
immediate cause of the present distressing scarcity of
money, and that nothing would tend more directly to
afford relief to the community, than the restoration of
the deposites of public money to the custody of the bank,
and the adoption of such other measures as would inspire
a general confidence that the people are not to be de-
prived of the great advantages resulting from the exist-
ence of a national bank, after the expiration of the
charter of the present one.

13. Resolved, That the senators of this Common-
wealth in congress be instructed, and the representa-
tives requested to use their influence for the purpose of'
procuring the restoration of the deposites of public money
to the bank of the United States, and of continuing to
the people the advantages resulting from a national bank,
by a renewal of the charter of the present one, or in
some other way.

14. Resolved, That his excellency the governor be
requested to transmit copies of these resolves to the sen-
ators and representatives of the Commonwealth in Con-
gress, and to the governors of all the States.

620 PETITION OF LOIS HASKELL.

CHAP. XXVI.

Resolve on the Petition of Lois Haskell.

March 3, 1834.

Resolved, For the reasons set forth in said petition,
that the land agent is hereby empowered to execute a
deed of two hundred acres of land to Lois Haskell, or
pay to her fifty dollars in stead thereof, if she shall so
elect, agreeably to the resolve of March twenty-seventh,
one thousand eight hundred and thirty-three, granting
bounty lands to soldiers of the revolutionary war, and to
their widows.

CHAP. XXVII.

Resolve on the Petition of Ferdinand Andrews.

March 3, 1834.

Resolved, That there be paid out of the treasury of
the Commonwealth to Ferdinand Andrews, of Lancas-
ter, the sum of ninety-four dollars, being the amount
omitted on the pay roll, of his attendance and travel, as a
member of the last general court, and that a warrant be
drawn therefor.

PETITION OF MACE SMITH. 621

CHAP. XXVIII.

Resolve on the Petition of Mace Smith.

March 4, 1834.

Resolved, That, for reasons set forth in the petition
of Mace Smith, the sum of thirty dollars be paid to him,
from the public treasury, being part of the amount paid
to the Commonwealth on a forfeited recognizance of
one William Sanborn ; the same to be in full compen-
sation for the claims and expenses mentioned in said
petition ; and that a warrant be drawn therefor.

CHAP. XXIX.

Resolve on the Petition of Edmund Rowland, Jan.

March 4, 1834.

Resolved, For reasons set forth in said petition, that
there be allowed and paid out of the treasury of this
Commonwealth, to Edmund Rowland, Jun., the sum of
three hundred and seventeen dollars and twenty-five
cents, in full compensation for the losses and expenses
sustained by him in a suit of Jairus Kibbe against him ;
and that a warrant be drawn therefor.

622 STATE LUNATIC HOSPITAL.

CHAP. XXX.

Resolves for paying the Commissioners for superintending
the erection of the State Lunatic Hospital, for their ser-
vices, and a balance due them,

March 4, 1834.

Resolved, That there be paid to the commissioners
for Ksuperintending the erection of the State Lunatic
Hospital, out of any monies in the treasury not other-
wise appropriated, the sum of four hundred and thirty-
seven dollars and ninety cents, with the interest thereon
from the time it was paid by them, being in full for the
balance found due to them on settlement of their ac-
counts for the erection of said hospital, over the amount
of former appropriations for that object.

Resolved, That there be' also paid to Horace Mann,
the sum of nine hundred and seventy dollars, and
eighty-six cents; to Bezaleel Taft, Jr. the sum of
twelve hundred and thirty-five dollars and seventy-eight
cents, and to WilHam B. Calhoun, the sum of five hun-
dred and eighty dollars and four cents, in full for their
services respectively, including all personal expenses,
as Commissioners as aforesaid, and that warrants be
drawn accordingly.

MESSAGE. 623

CHAP. XXXI.

Resolve for securing the Copy -right of Professor Hitch-
cock^s Geological Survey.

March 5, 1834.

Resolved, That the secretary of the Commonwealth
be authorized and directed, for the benefit of the Com-
monwealth, to secure the copy-right of any future edi-
tion of the report on the Geological Survey of Massa-
chusetts, made by Professor Hitchcock. But his ex-
cellency the governor, with the consent of council, may,
at anytime, when he shall think proper, give permission
to any citizen of this Commonwealth to publish an edi-
tion of said report, or any part thereof.

CHAP. XXXH.

To the Senate and

House of Representatives.

The commissioners appointed to revise, collate, and
arrange all the statutes in force, under the provisions of
the resolve of the 24th of February, 1832, have been en-
gaged in that service, and I now transmit their report
upon the progress made in the business confided to them.
It appears they will be in readiness to make their final re-
port before another legislature will assemble, and they are
of opinion, that measures should now be taken to prepare
80

624 MESSAGE.

the public mind to act upon the subject. To this end
they think it expedient that a committee should be raised
to consider their doings as soon as they are completed,
and make their report thereon early in the next session.
They also propose that their report should be distributed
among the members of the legislature, and sent to all
town officers, that the public judgment upon its merits
may be early matured, and such errors as shall be detect-
ed be set right. The revision of the laws is unquestion-
ably a measure of very great importance, and, unless
done with great wisdom, had better remain unattempted.
It is important that the public should be fully and season-
ably acquainted with what shall be done in a matter so
deeply interesting ; and I cannot conclude this commu-
nication without expressing the hope, that, either in the
way the commissioners propose, or in some other, the in-
formation may be brought under the consideration of the
people.

JOHN DAVIS.

Council Chamber^ March 6, 1834.

CHAP. XXXUI.

To the Senate, and the

House of Representatives.

The constitution of the United States provides that
fugitives from justice, who have committed crime in
one state and fled into another, shall, upon demand
made by the executive of the state in which the crime
has been committed, be delivered up.

The Congress of the United States, by an act ap-

MESSAGE. 625

proved the 12th day of February, 1793, prescribed the
kind of evidence of crime which should authorize a de-
mand by one executive authority upon another.

By an act of this Commonwealth, passed the 18th
day of June, A. D. 1801, and a subsequent act, the
governor is authorized to appoint agents to demand fu-
gitives from this state, and also to empower the agents
of other states to take hence such fugitives as may be
found here.

The demands for fugitives have become frequent,
and from the defective character of this early legisla-
tion, are attended with serious embarrassment.

In the first place, when the executive is requested to
send for a fugitive, it ought to appear probable that the
person is guilty of the offence alleged against him, and
that there is a reasonable expectation of convicting
him. Moreover, it should appear that the ends of pub-
lic justice will be subserved by the demand, before it is
made.

In the second place, when a demand is made upon
the executive for one alleged to have fled from justice,
he may be in the custody of the Commonwealth upon
a charge of crime, or may bo under sentence. The
crime which is charged upon him in our jurisdiction
may be more or less aggravated than that which he is
alleged to have committed elsewhere. It may, there-
fore, be expedient to deliver him up at once, or to de-
tain him until a trial is had, or until sentence is execu-
ted. If, for example, one is in custody here upon a
charge of petty larceny, being at the saiDe time indicted
for murder in a neighboring state, it would probably be
thought inexpedient to delay his answering to the more
aggravated oflence ; — and so, if demanded for a minor
offence, while charged with a more heinous one here.

626 MESSAGE.

public justice would not require that he should be de-
livered up until he had first been subjected to the pen-
alty of the laws here.

Under these circumstances, I feel it to be my duty to
bring the subject before you, believing that the interests
of the Commonwealth require further legislation to pro-
tect the public.

That there may be no unreasonable expenditure of
the public money, in sending unnecessarily to other states
for fugitives, I will suggest the expediency of requiring
the attorney general to examine all such applications,
and to report to the executive his opinion upon the ex-
pediency of issuing a requisition. And that no person
may be removed from the state while justice requires
that he should be detained here, to answer for crime, I
suggest the expediency of requiring the same officer to
examine into all such cases, and to report whether the
demand is conformable to law, and further, whether the
fugitive shall be delivered instanter, or such delivery be
postponed ; and his reasons for his opinion. It is be-
lieved that such legislative enactments will save much in-
convenience, and the expenditure of considerable money.

JOHN DAVIS.

Council Chamber. March 8, 1834.

PETITION OF RICHARD C. GREENLEAF. 627

CHAP. XXXIV.

Resolve on the Petitions of Richard C. Greenleaf, Trus-
tee, and Lucy G. Dawes, cestuy que trust, (under the
will of Thomas Dawes, late of Boston, Esquire.)

March 8, 1834.

Resolved, For the reasons set forth in said petitions,
that Richard C. Greenleaf, trustee as aforesaid, is liere-
by empowered to sell and convey all the right, title and
estate which he holds as trustee aforesaid, in and to one
undivided twelfth part of a certain parcel of land situate
on State street, in said Boston, with the buildings there-
on, formerly known as the Dawes buildings, the whole
whereof is bounded and described as follows : northerly
on State street, there measuring twenty-two feet and five
inches ; northwesterly on State street, thirty-two feet ;
westerly on Devonshire street, there measuring forty-two
feet and ten and one half inches ; southerly on Congress
square, thirty-four feet and seven inches ; and easterly
on Congress square, there measuring sixty-six feet and
four inches. And by deed duly executed, acknowledged
and recorded, to convey the same to the purchaser or
purchasers thereof, for a sum not less than three thou-
sand dollars ; the said trustee to hold the proceeds of
said sale under the trusts, and for the purposes in said
will mentioned and set forth, and for no other, and to
invest the same in such manner as the judge of probate
for the county of Suffolk shall approve.

628 PETITION OF RICHARD C. GREENLEAF.

CHAP. XXXV.

Resolve on the Petitions of Richard C. Greenleaf, Trustee,
and Elizabeth Dawes, cesttiy que (rust.

March 8, 1834.

Resolved, For the reasons set forth in said petitions,
that Richard C. Greenleaf, in his said capacity of trustee,
is hereby empowered to sell and convey all the right,
title and estate which he holds as trustee aforesaid, in
and to one undivided twelfth part of a certain parcel of
land situate on State street in said Boston, with the
buildings thereon, formerly known as the Dawes build-
ings, the whole whereof is bounded and described as
follows : northerly on State street, there measuring
twenty-two feet and five inches; northwesterly on State
street, thirty-two feet ; westerly on Devonshire street,
there measuring forty-two feet and ten and a half inches ;
southerly on Congress square, thirty-four feet and seven
inches ; and easterly on Congress square, there measur-
ing sixty-six feet and four inches. And by deed duly
executed, acknowledged and recorded, to convey the
same to the purchase!? or purchasers thereof, for a sum
not less than three thousand dollars ; the said trustee to
hold the proceeds of said sale, under the trusts, and for
the purposes in said will mentioned and set forth, and
for no other, and to invest the same in such manner as
the judge of probate for the county of Suffolk shall ap-
prove.

PETITION OF JOSIAH QUINCY, JR. 629
CHAP. XXXVI.

Resolve on the Petition of Josiah Quincy, Jun.
March 8, 1834

Whereas, it appears from the petitions of Josiah Quin-
cy, Jun., trustee, and Sarah Brooks, cestuy que trust,
under the will of John Brazer, late of Boston, esquire,
that the said Josiah holds, in his said capacity, five undi-
vided sixth parts of a certain lot of land, situated in Bos-
ton aforesaid, with the buildings thereon, formerly known
as the Dawes building, the whole whereof is bounded
and described as follows : northerly on State street, there
measuring twenty-two feet and five inches, northwesterly
on State street thirty-two feet, westerly on Devonshire
street, there measuring forty-two feet and ten and a half
inches, southerly on Congress square thirty-four feet and
seven inches, and easterly on Congress square, there
measuring sixty-six feet and four inches — in trust for said
Sarah Brooks, during her natural life, and on her decease
to be divided among her children according to the pro-
visions of said will.

And whereas, it appears that it will be greatly for the
advantage of those beneficially interested under said
will, that the remaining sixth part should be held by said
trustee under the same trusts under which he now holds
the undivided five sixths as aforesaid ; —

Wherefore resolved, That the said Josiah Quincy,' Jun.,
trustee as aforesaid, is hereby authorized to invest a por-
tion of the personal property held by him under said
trust (not exceeding the sum of six thousand five hun-
dred dollars) in the real estate aforesaid, to be held by

630 CLERK OF H. OF REPRESENTATIVES.

him under the same trusts and in the same manner in
which he now holds the five sixths of said estate, as trus-
tee, under the will of John Brazer.

CHAP. XXXVII.

Resolve for the pay of the Clerk gfthe House of Repre-
sentatives.

March 12, 1834.

Resolved, That there be paid out of the treasury of
this Commonwealth to the clerk of the house of repre-
sentatives eight dollars per day, for each and every day
he may be employed, during the remainder of the present
session of the legislature, in the discharge of the duties
of that office ; and that there be further paid to the
clerk, one hundred dollars for copying the journal of the
house for the library, as required by the orders of the two
branches of the legislature, and ten dollars per day for
his services from the commencement of the session to
the time of passing this resolve ; and that a warrant be
drawn accordingly.

PETITION OF DAVID EMERSON. 631

CHAP. XXXVIII.

Resolve on the Petition of David Emerson.

March 14, 1834.

Resolved, That, for the reasons set forth in said peti-
tion, the judgment recovered by this Commonwealth at
a term of the court of common pleas begun and holdeti
at Boston, within and for the county of Suffolk, on the
first Tuesday of January last past, for the sum of fifty
dollars debt, and eight dollars and seventy-six cents
costs of suit, in an action on the recognizance of said
Emerson, on which judgment said Emerson stands com-
mitted to the gaol in said county, be released and re-
mitted ; and that the attorney of the Commonwealth for
the county of Suffolk is hereby authorized and directed
to release and remit the same, and to cause the said
Emerson to be discharged from his imprisonment thereon.

CHAP. XXXIX.

Resolves relating to the Navigation of Taunton River,

March 15, 1834.

Resolved, That the senators of this Commonwealth in
the congress of the United States are hereby instructed,
and the representatives requested, to use their endeavors
81

632 PETITION OF GIDEON SIBLEY.

to sustain a petition there pending, for an appropriation
of money for the removal of the obstructions to the free
navigation of Taunton river.

Resolved, That his excellency the governor hereby is
requested to transmit to each of the senators and repre-
sentatives of this Commonwealth in congress, a copy of
the foregoing resolve.

CHAP. XL.

Resolve on the Petition of Gideon Sibley.

March 15, 1834.

Resolved, For the reasons set forth in said petition,
that the sum of sixteen dollars and sixty-seven cents be
paid out of the treasury of this Commonwealth to Gideon
Sibley, for services rendered by him as brigade inspector
in the second brigade, sixth division, of the Massachusetts
militia ; and that a warrant be drawn accordingly.

CHAP. XLL

Resolve on the Petition of John A. Lazell.

March 19, 1834.

Resolved, On the petition of John A. Lazell, as guar-
dian of his minor children, and for the reasons therein
set forth, that whenever the said John A. Lazell shall

PETITION OF WILLIAM PARKER. 633

produce to the judge of probate in and for the county of
Worcester, satisfactory evidence that he, the said La-
zell, has purchased real estate situated in the state of
Oliio, equal to the present appraised value of that men-
tioned in said petition, and has caused the title and in-
terest therein to be vested in his said wife and minor
children, in the same manner, and to the same uses as
the real estate mentioned in said petition is now held,
said judge of probate may license and empower the said
John A. Lazell, his agent or attorney, to sell at public
vendue, and convey by good and sufficient deed or
deeds, all the interest of his said minor children in and
unto the real estate in said petition mentioned ; he, the
said Lazell, his said agent or attorney, first giving no-
tice of such sale in the same manner as is now required
to be given previous to the sale of the real estate of mi-
nors by their guardians.

CHAP. XLII.

Resolve on the Petition of William Parker.

March 19, 1834.

Resolved, For the reasons set forth in said petition,
that William Parker of Boston, in the county of Suffolk,
who, as an agent duly authorized therefor by the su-
preme judicial court, did sell and pass deeds of the in-
terest of Isabella Cooper Nichols, Jane Nichols, and
John Nichols, minors, and children of John Nichols,
late of Newton, in the county of Middlesex, deceased,
in and to certain real estate situate in said Newton, is

634 JUDGES OF PROBATE.

hereby authorized at any time within two months after
the passing of this resolve, to make and file in the pro-
bate office, in the county of Middlesex, his affidavit,
setting forth the time, place, and manner in which he
gave notice of the sale of said real estate ; and such
reasonable notice being given to all persons interested
in such real estate, as the judge of probate for said
county of Middlesex shall order, to appear and shew
cause, if any they have, why said affidavit should not
be filed as aforesaid, and no such persons interested as
aforesaid appearing and showing good cause to the con-
trary, such affidavit, being so filed, shall be evidence of
the time, place, and manner in which such notice of
sale was given, and be as eflfectual for all purposes as if
the same had been made and filed in said probate office
within the time prescribed by law.

CHAP. XLIII.

Resolve for supplying the Judges of Probate with the
Laws and Resolves.

March 20, 1834.

Resolved, That the judges of probate of the several
counties shall be entitled to receive, each, one copy of
all the laws and resolves published since the legislative
year 1821, and of all laws and resolves hereafter to be
published by order of the legislature.

ADJUTANT GENERAL. 635

CHAP. XLIV.

Resolve authorizing the Adjutant General to convey land
in Framingham.

March 21, 1834.

Resolved, That WilHam H. Sumner, adjutant general
of this Commonwealth, is hereby authorized to convey
by deed, to the Rev. George Trask of Framingham,
all the right of the Commonwealth in and to a certain
tract of land in said Framingham, on which the gun-
house stands, and bounded as follows, to wit : — begin-
ning at the southwest corner of a lot of stable ground,
number one, near the meeting-house, and running west-
erly on land of the said town of Framingham eighteen
feet, to a stake and stones ; thence turning so as to
make a right angle, and running northerly thirty feet to
a stake and stones ; thence turning so as to make a
right angle, and running easterly eighteen feet to a stake
and stones ; thence in a straight line to the bound first
mentioned, with the gun-house thereon, and all the
privileges and appurtenances to the premises belonging,
being the same lot of land which was conveyed to the
Commonwealth of Massachusetts by a deed of Nathan
Stone, of said Framingham, bearing date March twenty-
first, one thousand eight hundred and eight.

636 PETITION OF CONSTANT TABER.

CHAP. XLV.

Resolve on the Petition of Constant Taher.

March 21, 1834.

Resolved, For the reasons set forth in the petition of
Constant Taber, that there be paid to him, out of the
treasury of this Commonwealth, the sum of sixty-two
dollars and forty-five cents, in full compensation for the
losses and damage sustained by him from the firing of
cannon by a company of artillery at Pawtucket, in June
last past ; and that a warrant be drawn therefor accor-
dingly.

CHAP. XLVI.

Resolve on the Petition of John Tyler.

March 21, 1834.

Resolved, For the reason set forth in said petition, that
there be paid from the treasury of the Commonwealth
to John Tyler, the sum of three hundred and twenty dol-
lars ; and his excellency the governor is requested, by
and with the advice of council, to draw his warrant
therefor.

STATE LUNATIC HOSPITAL. 637

CHAP. XLVII.

Resolve appropriating money for the payment of the cur-
rent expenses of the State Lunatic Hospital.

March 21, 1834.

Resolved^ That there be paid out of the treasury of
the Commonwealth, from any monies not otherwise ap-
propriated, a sum not exceeding fifteen thousand dollars,
to defray the current expenses of the State Lunatic Hos-
pital, and that warrants be drawn therefor, from time to
time, as the same may be required.

CHAP. XLVIIl.

Resolve providing for the settlement of the accounts of
the Land Agent of the Commonwealth.

March 25, 1834.

Resolved, That George W. Coffin, land agent of the
Commonwealth, be, and he hereby is discharged from the
payment of the sum of sixty-eight thousand five hundred
and five dollars and seventy-six cents, the receipt of which
is acknowledged in his accounts with the Commonwealth
for the year ending January 31, 1834.

638 SALE OF PUBLIC LANDS.

CHAP. XLIX.

Resolve relating to the sale of the Public Lands.

March 26, 1834.

Resolved, That the land agent is hereby empowered to
sell the several townships or tracts of land belonging to
this Commonwealth, and situated in the state of Maine,
on such terras as he may deem expedient, and to make
good and sufficient deeds of the same : provided, however,
that the aggregate of sales authorized by this resolve
shall not exceed six townships.

CHAP. L.

Resolve on the Petition of John Dillingham.

March 25, 1834.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth to John Dillingham, the
sum of two hundred and eighty-six dollars and forty-six
cents, payable on demand ; also the further sum of sev-
enty-five dollars per annum, for the term of two years
from and after the first day of April, 1834, if he shall so
long live, in full compensation for the losses and expenses
sustained by him in consequence of being wounded while
in the performance of military duty ; and that warrants
be drawn therefor accordingly.

PETITION OF EBENEZER SHUTE. 639

CHAP. LI.

Resolve on the Petition of Ebenezer Shuie.

March 26, 1834.

Resolved, for reasons set forth in said petition, that
there be allowed and paid out of the treasury of this
Commonwealth to Ebenezer Shute, the sum of forty dol-
lars, in full compensation for his services in the prosecu-
tion of a person guilty of possessing, with intent to utter,
counterfeit bank notes, and that a warrant be drawn
therefor accordingly.

CHAP. LII.

Resolve for the pay of the Clerks of the Seriate.
March 26, 1834.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to the clerk of the
senate eight dollars per day, and to the assistant clerk
of the senate six dollars per day, for each and every
day'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 the sum of one hundred dollars for copying the
journal for the library, as required by an order of the
senate ; and that warrants be drawn therefor.
82

640 PHILIP M. MARVEL.

CHAP. LHL

Resolve on the Petition of James Chase,

March 27, 1834.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to James Chase, the
sum of two hundred and ninety dollars, payable on de-
mand ; also one hundred dollars annually for and during
the term of three years, from and after the first day of
April, A. D. 1834, if he shall so long live, on account
of his injuries and expenses sustained in consequence
of wounds received by him while in performance of
military duty. And that warrants be drawn therefor
accordingly.

CHAP. LIV.

Resolve for an allowance to Philip M. Marvel.

March 27, 1834.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to Philip M. Marvel,
the sum of fourteen dollars, in full for his expenses and
attendance before a committee of the legislature, and
that a warrant be drawn therefor.

BETSEY ELLIS. 641

CHAP. LV.

Resolve on the Petition of Ebenezer Shute^ Richard
Hosea, John Wilson and Thomas P. Broivn.

March 27, 1834.

Resolved, For reasons set forth in said petition, that
there be allowed and paid out of the treasury of this
Commonwealth, to Ebenezer Shute, Richard Hosea,
John Wilson, and Thomas P. Rrown, the sum of one
hundred dollars, to wit : — twenty-five dollars to each of
them, in full compensation for their services in arresting
a fugitive from justice, and in full for all claim they have
against the Commonwealth, or any citizen thereof, for
arresting said fugitive, and that warrants be drawn
therefor accordingly.

CHAP. LVL

Resolve on the Petition of Betsey Ellis.

March 27, 1834.

Resolved, For the reasons set forth in said petition, that
there be allowed and paid out of the treasury of this
Commonwealth, to Betsey Ellis, the sum of one hundred
and fifty dollars, in full compensation for the claims and
expenses mentioned in said petition ; and that a warrant
be drawn therefor accordingly.

642 CITY OF BOSTON.

CHAP. LVII

Resolve on the Petition of the Mayor and Aldermen of the
City of Boston.

March 28, 1834.

Resolved^ That there be allowed and paid out of the
treasury of this Commonwealth to the city of Boston,
the sum of five thousand dollars, to be in full compensa-
tion for all claims and demands of the said city on ac-
count of the cost and erection of a hospital on Rainsford
Island, for the reception of persons having the small pox,
and that there be a warrant drawn therefor.

CHAP. LVIII.

Resolve to pay the Chaplains.

March 28, 1834.

Resolved., That there be paid out of the Treasury to
the Rev. Chandler Robbins, chaplain of the senate, and
to the Rev. Edward T. Taylor, chaplain of the house of
representatives, the sum of sixty dollars each, and that a
warrant be drawn therefor.

FUEL, &c. 643

CHAP. LIX.

Resolve to provide for Fuel, and for other purposes.

March 28, 1834.

Resolved, That there be paid out of the treasury to
Jacob Kuhn, messenger of the general court, the sum of
fifteen hundred dollars, to enable him to purchase fuel
and other necessary articles for the use of the general
court, the council chamber, land office, and the offices of
the secretary, treasurer, and adjutant and quarter master
general — said Kuhn to be accountable for the expenditure
of the same — and that a warrant be drawn therefor.

CHAP. LX.

Resolve to pay the Messenger.

March 28, 1834.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth to Jacob Kuhn, in full
for his services as messenger of the general court, and for
his care of the state house, and all other services rendered
by him, including those mentioned in a resolve passed on
the nineteenth day of October, in the year of our Lord
one thousand eight hundred and fourteen, from the first
day of January last, to the first day of January next, the
sum of one thousand dollars, payable quarter yearly, and
that a warrant be drawn therefor.

644 PETITION OF CATHERINE TODD.

CHAP. LXI.

Resolve upon the Petition of Catherine Todd, Guardian
of the minor children of Jacob Todd, late of Boston, in
the County of Suffolk, baker, deceased, and devisee for
life of the residue and remainder of all the real and
personal estate of said Jacob Todd.

March 28, 1834.

Resolved, That it shall be lawful for said Catherine
Todd, for the reasons set forth in her said petition, to
take from the money received by her from the executor
of the last will of said Jacob, deceased, the sum of three
thousand dollars, or so much thereof as shall be necessary,
and appropriate the same in altering and converting two
brick buildings in -Purchase street, in said Boston, part
of the real estate of said Jacob Todd, into dwelling houses.
Provided, that the said Catherine do render, on oath, to
the judge of probate for the county of Suffolk, a just and
true account of her proceedings in the premises, with the
vouchers to support the expenditures made, within one
year from the first day of June next after the passing of
this resolve. Provided, also, that this resolve shall not
take effect until one James Todd, son of the said Cath-
erine Todd, shall have signified, in writing, his assent to
the provisions herein contained.

GEOLOGICAL SPECIMENS. 645

CHAP. LXII.

Resolve in favor of John V. Low.

March 28, 1834.

Resolved, That there be paid out of the treasury of
this Commonwealth, to John V. Low, assistant messen-
ger to the governor and council, two dollars per day for
each and every day he has been or may be employed in
that capacity during the present session of the council,
and that a warrant be drawn therefor.

CHAP. LXIII.

Resolve providing for the safe keeping of a collection of
Geological Specimens belonging to the Commonwealth.

March 28, 1834.

Resolved, That the secretary of the Commonwealth
be, and he hereby is authorized to deposit the collection
of geological specimens, made by professor Hitchcock
for the use of the Commonwealth, in the cabinet of the
society of natural history of Boston, on such conditions
as may secure the safe keeping of the same, and their
return when desired ; and also to provide suitable cases
for containing them ; and his excellency the governor is
authorized to draw his warrant on the treasury for such
sum or sums as may be necessary to carry into eifect

646 NULLIFICATION.

to provisions of this resolve. Provided, such sum shall
not exceed two hundred dollars: and provided, further,
that the governor and council, and the members of the
legislature, when in session, shall at any suitable hours
have a right to visit and examine such collection.

CHAP. LXIV.

Resolve providing for the binding and distribution of the
documents relating to Nullification.

March 28, 1834.

Resolved, That the clerk of the senate cause to be
bound, in good and sufficient binding, the documents on
the subject of nullification, now printing by order of the
last general court, and that the governor be requested to
draw his warrant on the treasury for such sum as may
be necessary to defray the expense thereof.

Resolved, That said documents, when bound, shall be
deposited in the office of the secretary of the Common-
wealth, and shall be distributed therefrom in the follow-
ing manner, to wit : —

Twelve copies to the governor.

Six copies to the lieutenant governor.

Two copies each to the president of the senate, and
speaker of the house of representatives.

One copy to each member of the council, senate, and
house of representatives of the last year, and to each
member of the council, senate, and house of represen-
tatives of the present year, who was not a member of
the last legislature.

PETITION OF WILLIAM LYMAN. 647

One copy each to the secretary, treasurer, and to
each of the clerks of the two houses.

One copy to each of the senators and representatives
from this Commonwealth in the congress of the United
States.

Five copies to be deposited in the library of the state.

Two copies each to Harvard, Amherst, and Williams'
colleges.

One copy to each judge of the supreme judicial court,
and of the court of common pleas.

One copy to each incorporated athenaeum in this
Commonwealth.

One copy to the American academy of arts and sci-
ences.

One copy to the Antiquarian society in Worcester.

One copy to the Massachusetts historical society.

One copy to each town in the Commonwealth.

One copy to each incorporated mechanic association
in the Commonwealth.

One copy to the pilgrim society in Plymouth.

And the remainder to be disposed of under the di-
rection of the governor of the Commonwealth.

CHAP. LXV.

Resolve on the Petition of William Lyman and others.

March 28, 1834.

Resolved^ For reasons set forth in said petition, that
the sales of real estate of Joseph White, late of South
Hadley, in the county of Hampshire, deceased, under a
83

648 SOLOMON WILLARD.

decree and license of the court of probate of said county,
dated May 7, 1833, made by William Lyman, as execu-
tor, on the 30th day of May and the 12th day of June,
1833, and the conveyances made in pursuance of said
sales, be, and the same are hereby confirmed and made
valid, in the same manner and to the same extent as if
the oath required by law had been legally administered
and recorded : provided, that the said William Lyman has
in all other respects complied with the requisitions of law
in regard to said sales.

CHAP. LXVL

Resolve in favor of Solomon Willard.

March 28, 1834.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to Solomon Willard, ar-
chitect, the sum of ten dollars, in full for his services
in making examinations, plans and estimates for a safe
room in the state house, and that a warrant be drawn
therefor.

IRA DERBY. 649

CHAP. LXVII.

Resolve in favor of Ira Derby.

March 28, 1834.

Resolved, That Ira Derby, son of Benjamin Derby,
deceased, of Weymouth, in the county of Norfolk, be
placed on the list of persons supported by this Common-
wealth at the American asylum for the education of the
deaf and dumb, at Hartford, agreeably to the provisions
of a resolve heretofore passed in relation to state bene-
ficiaries.

CHAP. Lxvni.

Resolve on the Petition of James Baldwin in behalf of Ben-
jamin Baldwin.

March 28, 1834.

Resolved, For reasons set forth in said petition, that
the sum of four hundred and fifty dollars be allowed and
deducted from the amount which may be due on two
promissory notes, each dated August 31st, 1813, and due
from said Benjamin Baldwin to this Commonwea/th :
provided, the residue thereof be paid within six months
from the passing of this resolve ; and the treasurer of
this Commonwealth is hereby authorized and directed to
cancel and surrender said notes on such receipt thereof.

650 CLERK OF H. OF REPRESENTATIVES.

CHAP. LXIX.

Resolve for the payment of certain expenses attending the
reception of the President of the United States.

March 29, 1834.

Resolved^ That there be paid out of the treasury of
the Commonwealth, in full compensation of the claims
of the persons and military companies hereinafter enu-
merated, for expenses incurred in the reception of the
President of the United States, during his recent visit to
this Commonwealth, the following sums, to wit : to the
Salem artillery company, fifteen dollars ; to the Wash-
ington artillery company, in Boston, ten dollars ; to the
Norton artillery company, seventeen dollars ; to the Rox-
bury artillery company, when their accounts shall be pro-
perly vouched, the sum of ten dollars ; to Joseph Thayer,
of Uxbridge, twelve dollars, and to Holmes Sprague, of
Bridgewater, twelve dollars, for attendance and expenses,
and that warrants be drawn accordingly.

CHAP. LXX.

Resohe in relation to the pay of the Clerk of the House of
Representatives.

March 29, 1834.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth to the clerk of the house

PETITION OF MARY HUTCHINSON. 651

of representatives, ten dollars per day for each and every
day's attendance he has been or may be employed in that
capacity during the present session of the legislature ;
and that there be further paid to him the sum of one hun-
dred dollars for copying the journal for the library, as
required by an order of the house of representatives, and
that a warrant be drawn accordingly.

Resolved, That a resolve passed on the twelfth day of
March, of the present year, in relation to the pay of said
clerk, be, and the same is hereby repealed.

CHAP. LXXI.

Resolve on the Petition of Mary Hutchinson, of Boston,
in the county of Suffolk, widow of John Hutchinson,
late of said Boston, sail-maker, deceased.

March 29, 1834.

Resolved, For reasons set forth in said petition, that
Joshua Emmons, trustee of certain real estate in said
Boston, for the benefit of said Mary and her minor chil-
dren, is hereby empowered to sell at public auction, and
to execute and deliver good and sufficient deed or deeds
to convey the following described real estate, situated in
said Boston, and bounded as follows : southerly on Cross
street ; westerly by a house or tenement formerly of
Eliakim Hutchinson, deceased ; northerly 'by land now
or formerly of the heirs of Nathaniel Holmes, deceased ;
easterly upon land formerly of Israel Ellingwood, de-
ceased ; the said land measuring sixty feet in length,
twenty-two feet in front, and twenty feet four inches

652 COMMONWEALTH'S ESTATE.

in the rear, be the same more or less, together with all
the privileges and appurtenances thereunto belonging.
Provided, said Emmons shall first give bond to the judge
of probate for the county of Suffolk, in such penalty, and
with such surety or sureties as shall be satisfactory to
said judge, conditioned that he will, in all things relating
to said sale, conform to the requirements of the law pro-
viding for the sale by administrators of the real estate of
persons deceased, for the payment of their just debts.
Provided, further, that the proceeds arising from such
sale, shall be invested in other real estate situated in said
Boston, to be held upon the same trusts, and for the same
uses as those described in the deed of John Hutchinson,
conveying the described premises to said Emmons, dated
10th February, A. D. eighteen hundred and twenty, and
recorded with Suffolk deeds, book 266, page 217 : pro-
vided, also, that the real estate so to be purchased with
such proceeds, may be conveyed in trust as aforesaid, to
such person as said Emmons and said Mary Hutchinson
may nominate : provided, said judge of probate shall ap-
prove of such trustee so named.

CHAP. LXXII.

Resolve authorizing the sale of the interest of the Common-
wealth in certain Real Estate in Williamstown.

March 29,1834.

Resolved, For the reasons set forth in the petition of
Henry Baker and others, that Stephen Hosford, Esquire,
of Williamstown, is hereby authorized to make sale of all

SURVEY OF COMMONWEALTH. 653

the interest of this Commonwealth in a certain tract of
land situated in said Williamstown, containing about four-
teen acres, which is now in the possession of one Hannah
Younger, in such manner, and on such terms as he shall
deem expedient, and to execute a sufficient release thereof
to the purchaser. And the said Stephen is further au-
thorized to hold the proceeds of said sale in trust, and
apply such portion thereof as may be necessary, not ex-
ceeding sixty dollars in any one year, for the maintenance
of the said Hannah, and at her death to pay over to the
treasurer of this Commonwealth, all which may remain
in his hands of such proceeds, and render an account to
the said treasurer of all his receipts and expenditures un-
der the authority of this resolve. Provided, that the
said Stephen shall, before the sale of the land above men-
tioned, file in the said treasurer's office a bond, which
shall have been approved by the attorney of the western
district of this Commonwealth, for the faithful discharge
of all the trusts herein created.

CHAP. LXXHI.

Resolves in relation to the Trigonometrical Survey of the
Commonwealth, and making a further appropriation for
the same.

March 29, 1834.

Resolved, That said survey ought to be continued,
and for that purpose the governor, by and with the ad-
vice and consent of the council, is hereby authorized
to employ a skilful and diligent engineer, and to adopt

654 SURVEY OF COMMONWEALTH.

such other measures as may be necessary for the pur-
pose of continuing said survey, and said engineer shall
be removable at the pleasure of the governor.

Resolved^ That said engineer be required to make to
the governor, quarter-yearly, a report, stating in detail
the daily operations and employments of himself and
of each person under him, in such manner that the
amount and kind of labor performed each day can be
fully understood.

Resolved, That said engineer shall also file in the
office of the secretary of state, a full and complete
transcript of all his memoranda, and notes of every de-
scription, with all the calculations and results of calcu-
lations, which may be necessary or useful, after having
been so made, in carrying forward the work to its com-
pletion.

Resolved, That the sum of seven thousand five hun-
dred dollars be appropriated out of any money in the
treasury not otherwise appropriated, to discharge what
shall, on examination, appear to be the just amount of
claims of James Stevens on the government, and to
carry into effect the objects aforesaid ; and that the
governor be authorized to draw warrants for the same
in such sums as may be necessary to pay past and future
expenditures.

Resolved, That said engineer shall be accountable for
the careful preservation and safe return of all instru-
ments, and other property of the state, placed in his
hands, and that he shall, at the end of every quarter,
report to the governor the condition of the same.

Resolved, That the governor may, with the advice
and consent of the council, (if he sees fit,) take the
opinion of any scientific person or persons, as to the
qualifications and the manner in which the said engi-
neer shall discharge his duties.

COM. FOR REVISING STATUTES. 655

CHAP. LXXIV.

Resolve fixing the pay of the Committee appointed " to
examine the Report of the Commissioners for revising
the Statutes. ^^

March 29, 1834.

Resolved, That there be paid out of the treasury of
this Commonwealth, to each member of the committee
appointed at the present session of the general court,
** to examine the report of the commissioners for revis-
ing the statutes," the sum of three dollars for each and
every day's attendance at the meeting of said commit-
tee, and the sum of two dollars for every ten miles
travel, from their respective places of abode to the
place of sitting of said committee, once each way, dur-
ing the sitting of the committee ; and that a warrant
be drawn accordingly. And if said committee shall
find it necessary, they shall have power to appoint a
secretary, and to make such allowance for his services
as they may deem just and proper.

656 PETITION OF WILLIAM G. LAMBERT.

CHAP. LXXV.

Resolve for payment of the Commissioners appointed to
examine the several Gaols and Houses of Correction
in this Commonwealth.

March 29, 1834.

Resolved, That there be paid out of the treasury of
this Commonwealth, to John W. Lincoln two hundred
and fiftj-two dollars and seventj-seven cents, and to
Louis Dwight two hundred and thirty-three dollars and
twenty-two cents, in full compensation for their respec-
tive services and expenses in the examination of the
gaols and houses of correction in this Commonwealth;
and that warrants be drawn therefor.

CHAP. LXXVI.

Resolve on the Petition of William G. Lambert and
Charles Scudder, Executors of the last will and testa-
ment of Gilman Prichard, late of Boston, in the Coun-
ty of Suffolk, merchant, deceased.

March 31, 1834.

Resolved, For reasons set forth in said petition, that
the said William G. Lambert and Charles Scudder, in
their capacity as executors, as aforesaid, are hereby em-

PETITION OF REUBEN BACON. 657

powered to make, sign, seal and deliver, and duly ac-
knowledge, good and sufficient deed or deeds, unto
Thomas Hobart, Daniel Mitchell, Theodore Mitchell,
Winslow Mitchell, and Gushing Vinal, their heirs and
assigns, of five undivided sixteenth parts of a certain
woollen and cotton factory, situated in Halifax, in the
county of Plymouth, with all the lands and other real
estate connected therewith, being the same premises
owned by said Prichard, as one of the copartners of the
firm of Hobart, Mitchell, and Company. Provided,
however, that before the said William G. Lambert and
Charles Scudder, as such executors, shall execute any
deed in pursuance of the power hereby granted, they
shall make and execute to the judge of probate for the
said county of Suffolk, a bond, with sufficient surety or
sureties, to be approved by him, in such penalty as he
may require, with condition that the said Lambert and
Scudder shall conduct with good faith in making such
sale and conveyance, and shall well and truly account
for the purchase money which they may receive as the
consideration for the conveyance of the said property.

CHAP. LXXVII.

Resolve on the Petition of Reuben Bacon.

March 31, 1834.

Resolved, For reasons set forth in said petition, that
Reuben Bacon of Bedford, in the county of Middlesex,
administrator, with the will annexed, of the estate of
David Reed, late of Bedford, in said county, deceased,

658 SCHOOL COMMITTEES.

is authorized, at any time before the first day of July
next, to make and file in the probate office of the coun-
ty of Middlesex, his affidavit, setting forth the time,
place and manner in which he gave notice of the sale
of certain real estate of said deceased, situated in said
Bedford, which the said Bacon was authorized to sell
by virtue of an order from the probate court, holden at
Cambridge, within and for said county of Middlesex,
on the sixth day of March, in the year of our Lord one
thousand eight hundred and thirty-two, and such reason-
able notice being given to all persons interested in such
real estate as the judge of probate for said county shall
order, to appear and shew cause, if any they have, why
such affidavit should not be filed as aforesaid, and no
such person interested as aforesaid appearing, and shew-
ing good cause to the contrary, such affidavit being so
filed shall be evidence of the time, place and manner
in which such notice of sale was given, and be as eff'ec-
tual for all purposes as if the same had been made and
filed in said probate office within the time prescribed
by law.

CHAP. Lxxvni.

Resolves respecting the Returns to be made by School
Committees for the current year.

March 31, 1834.

Resolved, That, on or before the first day of May
next, the secretary of the Commonwealth cause to be
printed, in such form as he shall deem best, the act to

PAY OF COUNCIL, &c. 659

establish the Massachusetts school fund, and these re-
solves ; and that they, together with a blank containing
the enquiries which accompany these resolves, be trans-
mitted to the school committee in each city, town or dis-
trict, within the Commonwealth.

Resolved, That the return, now required to be annu-
ally made by the several school committees, be dispensed
with for this year, and that in lieu thereof it shall be the
duty of the school committee in each city, town or dis-
trict, carefully to prepare answers to these enquiries, and
make return thereof to the secretary's office, on or be-
fore the first day of December next. And any city,
town or district, whose committee shall neglect to an-
swer and make return as aforesaid, shall not receive the
benefit of the school fund the first year the income thereof
shall be distributed.

Resolved, That the secretary cause an abstract of the
returns to be prepared, and one thousand copies thereof
printed, for the use of the next general court, and laid
before them during the first week of their session.

CHAP. LXXIX.

Resolve for the pay of the Council, Senate^ and House of
Representatives.

March 31, 1834.

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

660 PETITION OF JOSEPH HAY, &c.

the like sum of two dollars for every ten miles travel from
their respective places of abode, once in each session, to
the place of the sitting of the general court ; and also to
each member of the council two dollars for each day's
attendance at that board, at every session thereof during
the present political year, and the like sum of two dollars
for every ten miles travel from their respective places of
abode, once in each session thereof ; and to the president
of the senate and speaker of the house of representatives,
each, two dollars for each and every day's attendance,
in addition to their pay as members.

CHAP. LXXX.

Resolve on the Petition of Joseph Hay and Benjamin

Atkins.

March 31, 1834.

Resolved, For reasons set forth in said petition, that
there be paid out of the treasury of this Commonwealth
to Joseph Hay and Benjamin Atkins, the sum of twenty-
eight dollars, and that a warrant be drawn therefor.

PETITION OF DAVID THATCHER. 661

CHAP. LXXXI.

Resolve on the Petition of David Thatcher,

March 31, 1834.

Resolved, That there be paid out of the treasury of
this Commonweahh to David Thatcher, the sum of one
hundred and seventy dollars, in full compensation for his
losses and expenses incurred in the detection and prose-
cution of a fugitive from justice, and that a warrant be
drawn therefor.

CHAP. LXXXII.

Resolve for repairs and alterations in the Senate Chamber.

March 31, 1834.

Resolved, That the clerk of the senate be directed to
cause the bars of the senate chamber to be continued to
the door, and to be covered, the ceiling to be M'hitened,
the chandelier to be repaired, and such alterations to be
made in the furnace, and in the desk of the president, as
may be deemed expedient, and that the governor be re-
quested to draw warrants on the treasury to defray the
expenses thereof.

662 REPAIRS OF STATE HOUSE.

CHAP. Lxxxni.

Resolve for repairs and alterations of the State House.
April 1, 1834.

Resolved, That the chairman of the committee on
public buildings, on the part of the house of representa-
tives, be, and he hereby is, directed to cause a brick
cistern to be constructed and furnished with such appa-
ratus for the use of the water closets, as may be found
necessary. And that he cause the following repairs and
alterations to be made : the floors and stairs of the east
entry to be repaired or relaid ; the porticos at each end
of the house to be repaired and secured against the ef-
fects of the weather ; the windows and wood work about
the house to be well and sufficiently repaired ; the whole
exterior walls and wood work to be painted with at least
two coats of paint, and such alterations to be made in
the drawers under the seats of the members, as will ren-
der them more convenient for use. And that he cause
measures to be taken more effectually to ventilate the
house.

Resolved, That the chairman of said committee shall
present the accounts for the above mentioned repairs and
alterations to the treasurer for allowance, and that a
warrant be drawn therefor.

PET. OF THOMAS WITHINGTON. 663

CHAP. LXXXIV.

Resolve on the Petition of Thomas Withington.

April 1, 1834.

Resolved, For reasons set forth in said petition, that
there be allowed and paid out of the treasury of this
Commonwealth to Thomas Withington, the sum of fifty
dollars, for services rendered and loss sustained by him
in the revolutionary war, and that a warrant be drawn
accordingly.

CHAP. LXXXV.

Resolves concerning the Revision of the Statutes of the
Commonwealth.

April 1, 1834.

Resolved, That the president of the senate and the
speaker of the house of representatives, with seven mem-
bers of the senate and twelve members of the house, be
a committee to sit in the recess of the general court, to
examine the revised statutes of the Commonwealth, when
they shall be prepared by the commissioners appointed
for that purpose under the resolve passed on the 24th
day of February, 1832.

Resolved, That when the doings of the commissioners
shall be prepared for such examination, they shall give
85

664 REVISION OF STATUTES.

notice thereof to the chairman of the said committee, who
shall thereupon call a meeting of the committee, to be
held in the senate chamber, at such time as he shall ap-
point; and the committee shall assemble accordingly,
and proceed thoroughly to revise and examine the code
that shall be submitted to them, and shall propose all
such amendments, additions, and alterations therein, as
they shall think to be necessary or expedient, and shall
make a detailed and particular report of their votes and
proceedings from day to day, to the next general court.
Resolved, That the said commissioners be, and they
are hereby authorized, as soon as the revised statutes are
prepared, to cause to be printed a sufficient number of
copies thereof, and to send one copy to every member of
the council, and of the present general court, one copy
to every town in the Commonwealth for the use of the
selectmen and other town officers, and one copy to every
public officer and other person that shall be thought
proper, in order that the proposed statutes may be known
as extensively as possible throughout the Commonwealth.

House of Representatives, March 22, 1834.
Passed, and sent up for concurrence.

W. B. CALHOUN, Speaker.

In Senate, March 31, 1834.

Passed in concurrence — and Messrs. Patrick Boise,
John Bailey, John R. Adan, Nathaniel Austin, Ira Bar-
ton, Nathan C. Brovvnell, and Daniel Wells, are joined
to the president, on the part of the senate.

Sent down to be joined.

B. T. PICKMAN, President.

REVISION OF STATUTES. 665

House of Representatives, April 1, 1834.

The following gentlemen are appointed to constitute
the committee on the part of the house, in addition to
the speaker, viz : Messrs. Leverett Saltonstall, Caleb
Gushing, Frederick Robinson, Samuel B. Walcott, Charles
Allen, David Wilder, Osmyn Baker, Julius Rockwell,
Theron Metcalf, Ebenezer T. Fogg, Elnathan P. Hatha-
way, and Henry Crocker.

W. B. CALHOUN, Speaker.

CHAP. LXXXVI.

Resolve in addition to ^^ Resolves concernifig the Revision
of the Statutes of the Commonwealth.^^

April 1, 1834.

Resolved, That if, at the assembling of the committee,
appointed under the resolves to which this is in addi-
tion, there shall be any vacancy therein, by reason of
sickness, resignation, or other cause, the remaining
members of said committee shall have authority to fill
such vacancy, by the appointment, by ballot, of such
person or persons as they may deem proper ; and that
such person or persons, so appointed, shall have the
power, be under the obHgations, and entitled to the
compensation, conferred, imposed and provided by said
resolves, and a resolve providing compensation for said
committee.

666 QUARTER MASTER GENERAL.

CHAP. LXXXVII.

Resolve making an appropriation for the Quarter Master
GeneraVs Department.

April 1, 1834.

On the meraorial of William H. Sumner, acting quarter
master general,

Resolved, That the sum of four thousand dollars be,
and hereby is appropriated, to defray the expenses of the
quarter master general's department ; and that his ex-
cellency the governor, by and with advice of council,
be requested to draw his warrant on the treasury for the
same, for such sums, and at such times, as the public ser-
vice shall require, in favor of the acting quarter master
general, for the faithful application of which he is to be
accountable.

CHAP. LXXXVHI.

Resolve on the Petition of Daniel Amos, and others.

April 1, 1834.

Resolved, For reasons set forth in said petition, that
there be allowed and paid out of the treasury of this
Commonwealth, to Daniel Amos, twenty -three dollars ;

PETITION OF DANIEL AMOS. 667

to Isaac Coombs, twenty-three dollars ; to Joseph Amos,
eleven dollars ; to Ebenezer Attaquin, eleven dollars ; to
Nathan Pocknet, fourteen dollars ; to William Apes, the
sum of twenty-three dollars, and to William Amos, four-
teen dollars ; and that warrants be drawn therefor.

ROLL, No. 108 JAN. 1834.

The Committee on Accounts, having examined the
several accounts for the support of State Paupers, and
the accounts for Militia Services, presented to them,
report,

By order of the Committee,

N. C. BROWNELL, Chairman.

PAUPER ACCOUNTS.

ALL WHICH ARE TO JANUARY 1, 1834, EXCEPT WHEN
OTHERWISE specified.

Ashfield, for support of Charles Simpson,

adult, 36 60

Ashburnham, for support of William Stineger,

adult, and Hiram Stineger, child, 58 40

Amesbury, for support of Robert Baker and
James Richards, adults, and Moses and Wil-
liam H. Bickford, children, 80 50

670 PAUPER ACCOUNTS.

Adams, for support of Seth Harris, Mary Har-
ris, Elsy Ann Harris, Phila Hill, Lydia Town-
send, Sarah Dodge, Sarah Goodrich, Agnes
Moses, Robert Harris, Elihu Maroin, adults,
and Eliza, Zerua, George and Caudis Har-
ris, Katy Shepard, and Sarah Van Rensel-
laer, children, 267 28

Amherst, for support of Peter Jackson, Sarah
Jackson, Jane Richardson, and Polly Rich-
ardson, adults, and Angeline Palmer, child, 167 90

Andover, for support of Sukey Hornsby, Jane
Jackson, Lucy Foster, Rosanna Coburn,
Flora Chandler, Dinah Chadwick, Mary Ha-
ley, Jarvis Flanders, Genett Vansellars,
' James Norton, Peter Sigourney, Benjamin
Rushton, Thomas McMurphy, Josephine
Knowlton, adults, and Hannah Highland,
Joseph Lyman, George, Joshua and Mary
Ann Haley, children, 295 92

AbingtOD, for support of Antonio Julio and

Margaret Jack, 73 00

Attleborough, for support of Mary Montgom-
ery, David Butler, John Brockway, Nancy
Brayton alias Green, adults, Betsy, Elea-
nor, and James Bromeley, children, 109 60

Becket, for support of Elizabeth Hamblin,
adult, and Jane Parker, child, and funeral
expenses of said Elizabeth Hamblin, 61 04

Bridgewater, for support of Paul C. Chute,
John Chesnut, Jane Chesnut, Rachel Elaba
or Asabella, Benj. Mehaine, Hannah
Fowler, Amy Ward, adults, Isaac Wood,
child, also funeral expenses of Paul C.
Chute, 176 55

PAUPER ACCOUNTS. 671

Blandford, for support of John H. Burham,

Susan Burdick, and Polly Burdick, adults, 102 96

Belchertown, for support of Hannnh Levens,
Susanna Mclntire, Duty Darling, and Mo-
ses Kilburn, adults, 113 60

Billerica, for support of James Hinn, and fu-
neral charges, 5 70

Billerica, for expenses incurred by the sickness

of David VV. Brown, with the small pox, 130 16

Brookline, for support of Arm Potter, child, 21 90

Braintree, for support of Thomas Evans, Ti-
tus, a black, adults, and Ann Goweth, child, 44 60

Beverly, for support of Dolly Claxton, Thomas
McCam, Bridget McCam, Thomas Rand,
Eleanor Dull, Elizabeth McGreve, John
Kelly, adults, and Albert McGreve, child, 77 46

Barre, for support of Dinah Backer, adult, 36 50

Bedford, for support of Violet, a black adult, 36 50

Bradford, for support of Kendell Fisk, adult, 45 30

Barnstable, for support of John Robinson,
Thomas Francis, Hannah Occo, and Wil-
liam Jackson, adults, 89 95

Burlington, for support of John A. Pasho and

Venus Row, adults, 73 00

Brimfield, for support of Thomas Corbin,
Geo. W. Paine and Charles Trim, the first
an adult and the two last children, 80 30

Berkley, for support of James Cuddy and Ma-
ry Liudell, adults, 73 00

Boxborough, for support of Andrew Jackson,

child, 21 90

Boston, for support of sundry paupers in the

house of industry, 10,538 18

672 PAUPER ACCOUNTS.

Boston, for supplies to paupers out of the

house of industry, 3,402 55

Boston, for support of sundry paupers in the

house for juvenile offenders, 710 64

Boston, for support of prisoners in the house

of correction, 261 00

Brighton, for support of John T. Baker, adult, 36 50

Cummington, for support of Brister Pierce,

adult, 36 50

Clarksburg, for support of Lowell Hill, Naomi
Hill, adults, William and Caroline Hill,
children, 116,80

Cheshire, for support of Ephraim Richardson,
Noel Randell, Joel Lilly, Levi Pierce, Molly
Dimond, Martin Blakeman, Polly Cooper,
adults, and funeral expenses of Martha
Blakeman, 227 60

Colraine, for support of Kate Vanvaltenburg,
John Fowler, and Mary Hart, adults, and
John Freeman, child, 98 40

Concord, for support of Samuel Webster, John
Stratton, William Rogers, Josephine Collins,
and Fitch Jerell, adults, 10 20

Chester, for support of Jenny Hardy and Ben-
jamin Hardy, adults, 73 00

Conway, for support of Hannah Hall, Sally Mc-
Murphy, Robert Burgess, Austin Clark, Cath-
arine Clark, adults, and George, William,
Abigail, Delan}^ and Emma Clark, children, 168 20

Carver, for support of Mary Grady, adult, 36 50

Canton, for support of Edward McArdle, adult,
and James Gafferny, child, and funeral ex-
penses of said McArdle, 35 70

Chelsea, for support of Betsy Jones, Job War-
non, and William Smith, adults, 77 60

PAUPER ACCOUNTS. 673

Cambridge, for support of sundry paupers, and

funeral expenses of nine of said paupers, 3,402 68

Charlton, for support of Robert Bennett, and
Catharine Green, adults, and George H.
Bennett, a child, 94 90

Cohasset, for support of Charles Willett, and
expense of transporting said Willett out of
the Commonwealth, 13 87

Charlestown, for support of sundry paupers, 3,733 26

Dartmouth, for support of Cuff Freebon, Phebe
Palmer, Eliza Sweet, Richard F. Quinn,
Edward Pattern, adults, and infant child of
said Phebe Palmer, also funeral expenses of
Edward Pattern, 65 96

Danvers, for support of sundry paupers, viz.,

thirty-six adults and ten children, 465 44

Dalton, for support of Mary Hoos, adult, 51 08

Deerfield, for support of Prince Manuel, Mahala
Manuel, Thomas Sowerby, Mehitabel Sow-
erby, adults, Charles and Martha Manuel,
children, 103 92

Dudley, for support of Solomon J. Corbin's
wife, Abion Carpenter, Sarah Wilson, adults,
and two children of said Corbin, 9 04

Dudley Indians, guardian of, for support of said

Indians, supplies, and physician's bill, 81 98

Dorchester, for support of Daniel Haven, Wil-
liam Rogers, Caroline Rogers, John Swazy,
Sally Swazy, Elizabeth Myrea, Bridget Mc-
Guire, Ann Hague, James Lyons, Ellen
Lenchman, adults, James Blake, child, three
children of Elizabeth Myrea, also supplies to
Mercy Childs, and her five children, also
funeral expenses of said Elizabeth Taylor,
and James Blake, 129 07

674 PAUPER ACCOUNTS.

Duxbury, for support of Sarah Simmons, John

Carnes, Charles Willet, adults, 87 00

East Bridgewater, for support of Lucinda Nero,
and child, Betsy Chase, Elihu Stevens, Amy
Richards, Sarah Wood and her two children,
Robert Seaver, John Chesnut, Harriet M.
Cromwell and her two children — eight adults
and five children, 230 38

Egremont, for support of William Goulborn,
Betsy Daley, Rosanna Van Guilder, Andrew
McCarrou, adults, and George A. Klime,
child, ^ 240 90

East Hampton, for support of Submit Bailey,
adult, and Charles Bailey, Henry O. Jones,
children, 80 30

Essex, for support of Charles Richardson and

John Colman, adults, 46 60

Essex County, for support of sundry paupers in

House of Correction, 718 10

Fairhaven, for support of Robert Wilson,
William Wilson, Margaret Wilson, John
Williams, Michael Shehane, William Jones,
John Brown, Phebe Brown, Jose Parrara,
Albina Nichols, John Lawson, Sarah Law-
son, Sarah Carr, John Christopher, Abigail
Christopher, adults, William Brown, John
and Elizabeth Christopher, children ; also,
funeral expenses of Michael Shehane, Wil-
liam Jones, Jose Parrara, and an unknown
person, 301 98

Fairhaven, for support of John Williams and

Sarah Carr, adults, to January 1, 1833, 73 00

Freetown, for support of Edward B. Sanford,
Rhoda Sanford, Plannah, illegitimate daugh-

PAUPER ACCOUNTS. 675

ter of Abigail, an Indian, adults, Amos,
Charles, Edward, David, Rhoda and Levi
• Sanford, children, 222 48

Fitchburg, for support of Lovina Bean, James
Bean, Charles Whipple, Edward McBride,
Richard Ashby, Catharine Ashby, adults,
Eleanor and Elizabeth Bean, children, 17 68

Foxborough, for support of Caroline G. Howe,
Warren Angell, adults, and funeral expenses
of said Angell, 60 40

Franklin, for support of James Walson, adult,

and Susan Parker, child, 25 90

Framingham, for support of Daniel Campbell,

Chute, and James Graham, adults,

Phebe Blake, child, 120 50

Groton, for support of Thomas Benson and
Caroline Fisher, adults, and Francis, child of
said Caroline Fisher, 78 16

Granbj, for support of Bulah Murray, 36 50

Great Barrington, for support of Joanna Porter,
Lucy Porter, Peter Smith, Sarah Smith,
John McGeorge, adults, Maria Rogers and
Amarilla Mills, children, 223 48

Granville, for support of Mary Barden, Sally
Stuart, adults, Clarissa Barker and Chauncey
Goodrich, children, 116 48

Gill, for support of Mary Lawson, adult, 36 50

Grafton, for support of Elizabeth Phillips, Cor-
nelius Johnson, John Laton, adults, Francis
L. Whittaker and Olivia Johns, children, 104 36

Gloucester, for support of Elizabeth Dovv^set,
AnnaYoulen, Nancy Youlen, Elizabeth
Dade, Betsy Lang, Leah Francis, Lydia
Witham, John Shaftoe, William Presse,

676 PAUPER ACCOUNTS.

Samuel Youlen, Mark Grimes, George Gard-
ner, Else Freeman, Patrick Tray, John
Mooring, John Pownell, Thomas Rowe,
Mary Rowe, Lucy Sharpe, James Johnson,
West S. BHssett, James Bidwell, John Fos-
ter, adults, John Youlen, Rachel Sharpe,
Lucy J. Sharpe, children, 485 16

Greenfield, for support ofAbigailTaggart, adult,

George White and Charles Lane, children. 80 08
Hancock, for support of Israel Clark, Mary
Clark, John H. North, Rebecca Jones, Geo.
W. Jones, Darius Green, Jer. J. Helms,
Polly Y. Helms, William H. Helms, all
children, except the two first named, 151 12

Halifax, for support of Jane Curtin, adult, 6 88

Heath, for support of Lydia Lamphire, adult, 7 50
Haverhill, for support of Anna Copp, John
Gould, Anna Reed, Catharine Makin, Lau-
rane Potter, Nathaniel Bartlett, Miles Mc-
Daniel, Moses Parker, John Mcintosh,
adults, John Q. Adams, Robert Makin, Ann
Jane Makin, children, and funeral expenses
of Thomas DriscoU, 182 88

Hanover, for support of Hannah Lang, adult, 36 50
Hubbardston, for support of Daniel Mundell

and Dustin Clough, adults, 43 50

Hadley, for support of Rebecca Allen, adult, 36 50
Hinsdale, for support of Halsey Simmons,

adult, 42 20

Harwich, for support of James Robertson,

adult, 36 50

Hingham, for support of Edward Dunn, Rob-
ert Frank, and Hannah Marshall, and fune-
ral expenses of said Edward Dunn and
Hannah Marshall, ^ 62 32

PAUPER ACCOUNTS. 677

Hardvvick, for support of Hannah Jonah, a

child, 16 38

Hanson, for support of Betty Joel, adult, 36 50

Hawley, for support of Gilbert Graves and

Mabel Barnes, adults, 72 80

Holliston, for support of John Ford, Richard

Ashby, and Catharine Ashby, adults, 43 00

Ipswich, for support of John O'Brien, adult, 36 50

Kingston, for support of Sophia Holmes, John
Hunt, Jane Hunt, adults, Emily Holmes,
Edward, George, Thomas, and Jane Eliza-
beth Hunt, children, 158 64

Lexington, for support of Emery Gaffield,

adult, 36 50

Ludlow, for support of Harvey Olds, Peter
Wakeoff, adults, and funeral expenses of
said Peter Wakeoff, 49 50

Lenox, for support of Moses McGrau, Day-
ton Fuller, Edward Hurlbert, Aurilla Maria
Tenyke, Jane Morris, Mary Russell, adults,
Dayton Fuller, Jr., Lester Fuller, George
Fuller, Aurilla Hurlbert, Lucinda Hurlbert,
Edward G. Hurlbert, Henry Tenyke, John
Tenyke, Nancy Russell, Abraham Russell,
children, and funeral expenses of Edward
Hurlbert and Dayton Fuller, 310 00

Lunenburg, for support of Thomas Benson,
Jane Mitchell, and Sophronia Rensellaer,
adults, 58 60

Littleton, for support of Mrs. Smith and Mary
Putnam, adults, two children of said Smith,
a child of said Putnam, and James Fossett,
a child, 106 86

Lanesborough, for support of John Gabriel,

673 PAUPER ACCOUNTS.

Mary Squire, Eunice Foot, Lucy H. Goman,
Mary Van Sycle, Hannah Goman, Mary Kip,
Amos Dodge, Mary Dodge, Rachel Sher-
man, Thomas Griffith, Peter De Croy, John
Laporte, Rachel Hinman, adults, Charlotte,
Henry, and Throdon Gabriel, Robert and
Thomas B. Goman, John and Fidelia Dodge,
and Harriet Stansbrow, children, 638 30

Lowell, for support of sundry paupers, viz.,
sixty-four adults, and thirty-one children,
and funeral expenses of nine paupers, 998 70

Leyden, for support of Tacy Clark, Hannah
Cole, Sarah Stanton, Ruth Abel, Joseph
Abel, adults, and Sarah Booth, child, 204 40

Lee, for support of Sarah Ross, John Marble
and wife, Nathan Allen, Cordelia Stanton,
Abigail Howland, Margaret Sommons, adults,
Jeffrey Tucker, Amos Moore, and Josiah
Allen, children, 202 58

Leominster, for support of William Sherer and

Hannah Reed, adults, 36 60

Leverett, for support of Asahel Loins, adult, 15 10

Lynn, for support of Henry C. Pressler, Bridget
Gilligan, ' Lathrop Gilligan, David Chase,
John Battis, James Proctor, Simon Jones,
James Murphy, Ellen Leechman, adults, Ann,
John, Mary, and Ellen Gilligan, children, 175 60

Middleton, for support of Charles Francis,
Betty Francis, Rose Diggs, Catharine Free-
man, Sally Hawkins, and Edmund Francis,
adults, 182 50

Montague, for support of Ann Sinclair, adult, 36 50

Monson, for support of Flora Story, Mary Allen,

and John Williams, adults, 76 00

PAUPER ACCOUNTS. 679

Milton, for support of Archibald McDonald,
John C. Drew, Thomas Evans, Mons. Nel-
son, adults, Mary Ann, Elizabeth, Alfred,
and Octavius Spargo, children, 1 10 18

Marblehead, for support of Hercules Gardner,
Mary Card, Michael Kirby, Ira Hammond,
Surand Johnson, Henry Pressure, and two
children of Surand Johnson ; also, funeral
expenses of said Hercules Gardner, 58 10

Manchester, for support of William Edward

Wheaton, and Joseph Wheaton, children, 43 80

Mendon, for support of John Agar, Lydia Mur-
ray, and Benjamin Durfee, adults, 56 70

Montgomery, for support of Hannah Boham,

adult, 36 50

Middleborough, for support of Eliza Briggs,
Solomon Robinson, Amy Robinson, Jenny
Bowen, Sylvia Montgomery, adults, Mary
Ann and Thalia McAlister, Freeman and
William Hall, children, 244 90

Mount Washington, for support of Hannah
Webb, Henry Tyler, adults, and Hannah
Warden, child, 70 30

Medway, for support of Charles Poultney and

Henry Burley, adults, 18 30

Marshpee Plantation, for support of Lois Pell,
Ephraim Jerrette, George Jomy and Luam
Hazard, adults, 146 00

Maiden, for support of Mehitable Whitney,
Peggy Magus, Catharine Lynde, Deborah
Saco, William Robinson, Sally Braining,
Cyrus Williams, Abigail How and Henry
Potts, adults, Georgiana Ramond, child, 193 20

Marshfield, for support of John Baker, Samuel
87

680 PAUPER ACCOUNTS.

Holmes, Bristol White, Jenny Prince, adults,
John, Jane and Phebe Quackow, children,
and funeral expenses of John Baker and
Jenny Prince, 214 20

Milford, for support of Henry Burley, adult, 27 50

Mansfield, for support of Charles Marsh, child, 40 50

Methuen, for support of WiHiam Richards,
Eleanor Coe, John Hyde, adults, Eleanor
and Henry Coe, children, 74 76

Milbury, for support of Rowland Cobb, Joel Z.
Cobb, Isaac Flood, Martin Flood, adults,
Sarah E. Cobb, Rowland Cobb, Jr., Har-
riet S. Cobb, Nancy M. Cobb, Mary F.
Cobb, children, 211 70

Medford, for support of Francis York, Susan
Hammond, Ira Hammond, Richard Butler,
Joan Connelly, Michael Farroll, Lydia
Brooks, Martin Brooks, Barzillai Yarner,
Sarah Yarner, adults, Lorenzo Hammond,
James Hammond, Harriet Ann Brooks, Ell-
as Brooks, and John Yarner, children, 253 22

North Brookfield, for support of Esther John-
son, adult, 36 50

Northampton, for support of sundry paupers,

viz : twenty-two adults and eight children, 483 82

New Marlborough, for support of Oliver Warn,
George Williams, and Edward Williams,
children, 51 18

New Ashford, for support of Mary Fuller,

adult, 36 50

Northborough, for support of Jacob West,

adult, 73 00

Newton, for support of William Pickering,
Jona. French, Jacob Nichols, Katy O'Brien,

PAUPER ACCOUNTS. 681

Thomas Rand, adults, John and Patrick
McGarry, children, 117 00

Norwich, for support of Rufus Miner and Ruth

Sanford, adults, 73 00

Needham, for support of John Pitcher, Sarah
Pastill, Mary McGilley, Eleanor Lowry,
Robert Powers, adults, Alva Augustus Pow-
ers, child, 80 04

North Bridgewater, for support of James Dor-
ren, Charlotte P. Wood, James E. Crom-
well, and Charles Cromwell, adults, 109 20

Nantucket, for support of Anthony Swasey,
Phillis Painter, Chloe Golding, Matthew
Smith, Sophia Beebe, William Hutchens,
Henry Villars, Ann Quinn, and Thomas
Mackrel, adults, 272 40

Northbridge, for support of Lucy Talbert,

adult, 30 70

Newbury, for support of sundry paupers, 5J2 04

New Bedford, for support of sundry paupers, 1393 98

Newburyport, for support of sundry paupers,
viz : forty-eight adults and thirty-one child-
ren, and funeral expenses of five adults, 1072 60

Natick, for support of David Thompson, and
funeral expenses, Lavina Thompson, adults,
and Eleanor, Munroe, and Emily Thomp-
son, children, to Jan 1, 1833, ^45 72
Wm. Robinson, to Jan. 1, 1834, 10 70 56 42

Orange, for support of Mary Smith and Na-
thaniel Gates, adults, 23 52

Otis, for support of Abijah G. Hazard, Eunice
Hazard, Polly Wilson, and Eunice Rice,
adults, 131 90

Plympton, for support of Joseph Gayton, Eliz-

682 PAUPER ACCOUNTS.

abeth Gay ton, adults, George, Ann, Rebecca,
James, Thomas, and Charles Gayton, chil-
dren, 187 66

Pembroke, for support of Mary GifTord, Esther
Prince, adults, Joshua, Charles, and Eliza
Prince, children, 53 32

Phillipston, for support of Abraham Shool,

adult, S6 50

Proprietors of Gayhead, for support of Heze-
kiah Sewall, Joshua Stevens, Thomas Moss,
adults, and funeral expenses of Joshua Ste-
vens, • 81 40

Paxton, for support of William Fiske, adult, 36 50

Pawtucket, for support of Jane Donaldson and
Polly Pomroy, adults, and Nancy Donaldson,
a child, 71 10

Pittsfield, for support of sundry paupers, viz:

ten adults, and fifteen children, 178 62

Plymouth, for support of John McRoap, John
Walking, James Reed, William P. Sargent,
Sarah Sargent, and Thomas Fuller, adults, 194 20

Palmer, for support of Oliver Wright, Submit
Freeman, Nancy Wallis, Roxy Wallis, adults,
Benjamin Wallis, a child, and funeral expen-
ses of Oliver Bright and Submit Freeman, 110 88

Quincy, for support of Elizabeth Barron, Re-
becca Majester, Robert Durant, Sarah Du-
rant, James Riley, Mary O'Donnell, adults,
Catharine and Thomas O'Donnell, children, 94 70

Rehoboth, for support of Nancy Hill, Lucy
Kelly, Rhoda Easterbrooks, Newport Bray-
ton, and a transient colored man, adults,
and Dinah Hill, a child, also funeral expen-
ses of said transient colored man, 166 88

PAUPER ACCOUNTS. 683

Randolph, for support of Lydia Dace, adult, 36 50

Royalston, for support of Alice Clements, adult, 36 50

Rowley, for support of sundry paupers, viz :

thirty-one adults, and nine children, 559 64

Russell, for support of Sally Harrington, Mary
Newton, adults, Mary Hale, Nancy Hale,
and Norman Sears, children, 138 70

Rowe, for support of Mary Johnson, adult,
Mary Wilcox, Noah Wilcox, and Annis Car-
penter, children, 56 70

Richmond, for support of Nancy Jessup, Susan
Darling, Sarah R. H. Crettenten, Frederic
Wicker, Ruth Vicker, Miriam McKee, adults,
Mary Jane, Francis, and Adeline Darling,
Adeline M. Hagar, Susan Darling, James,
Clarissa, Almira, and Jane L. Wicker, Je-
rusha, Henry, and Thomas Evarts, children, 484 30

Rochester, for support of Moses Wasgatt and

Michael Shuhon, adults, 65 50

Reading, for support of Elizabeth McGreve,
Martha Camren, Susan Hatch, adults, Al-
fred McGreve, Benjamin Camren, children, 95 32

Roxbury, for support of sundry paupers, viz :

thirty-eight adults, and eighteen children, 814 02

Shelburne, for support of Mary Bates, John

Fowler, and Martha Fowler, adults, 74 30

Saugus, for support of Joseph Clarenbowe,
Walter Clegg, and Samuel H. Shipley,
adults, 32 30

Stoneham, for support of Chloe Freeman and

Nancy Freeman, adults, 73 00

Stoughton, for support of Isaac Williams, adult, 36 50

Shirley, for support of William Shourer, Mary
M'Kinzie, Jenny Mitchell, adults, Fanny,
Charles, and Walter J. Mitchell, children, 139 60

684 PAUPER ACCOUNTS.

Shutesbury, for support of John Vanaulter, Su-
sanna, his wife, Sarah Phinemore, Welcome
Still, adults, and Charles Phinemore, child,
also, funeral expenses of said Sarah Phine-
more, 97 00

Swanzey, for support of Martha Dousnips, Jude
McCarter, Sally Crank, adults, and funeral
expenses of said Martha Dousnips, 73 90

Seekonk, for support of Reuben Frost, Molly
Bears, adults, and funeral expenses of said
Molly Bears, 74 40

Spencer, for support of Susanna Cowland,
Mercy Freeman, adults, Theophilus and
Eleanor Freeman, children, 77 50

Sheffield, for support of Charlotte Turner, Sarah
Turner, David Allen, Nancy Wright, adults,
Caroline Kelly, Dennis Kelly, and Samuel
Wright, children, 134 88

Sharon, for support of Edward and Betsy Ellis,

adults, 73 00

Southampton, for support of John Cochrane
and James Neigle, adults, and funeral expen-
ses of said Neigle, 44 90

Somerset, for support of Polly Hill, and Ann
McGiven, adults, Alice and Thomas McGiv-
en, children, 116 80

Scituate, for support of Zelpha Whitcomb,
Zelpha Scott, Thirza Freeman, adults, Olive,
Elizabeth and Lemuel Freeman, children,
also, an infant of Theresa Freeman, 162 20

Stockbridge, for support of Abraham Parmalee,
Martha Dowd, Margery Curtis, Dorcas Web-
ster, Dinah Elky, Cynthia Martin, adults,
Thaddeus, Rosanna and Theodore Martin,
children, 284 70

PAUPER ACCOUNTS. 685

South Hadley, for support and funeral expen-
ses of Daniel Mack, 7 40

Southbridge, for support of Albo Reynolds,

adult, 36 50

Salisbury, for support of Lemuel Johnson,
Charles Hilton, and Rosann Hilton, adults,
and funeral expenses of said Lemuel Johnson, 14 50

Sturbridge, for support of Samuel Weldon,

adult, 12 00

South Reading, for support of Felix Moan,
Christopher Brown, Mary Brown, Thomas
Rand, John Lawson and wife, Sally Wiley
and David Blair, adults, 44 10

Sutton, for support of James Norbry, adult, 13 00

Shrewsbury, for support of Sarah Freeborn,
Andrew Bin, and Mark Curran, adults,
Eleanor Johnson, a child, 41 82

Sandwich, for support of Susanna Barney,

Phillis Wing, and Drusilla Jackson, adults, 52 20

Springfield, for support of sundry paupers, viz:

twenty-one adults and twenty children, 453 66

Sandisfield, for support of Theodore King,

adult, and Elisha, William, Henry, and

King, Robert and Lydia Titus, and Benj.
Whitney, children, 85 80

Salem, for support of sundry paupers, 1444 52

Taunton, for support of Stephen Shoemaker,
Deborah Smith, Margaret Harrington, Bet-
sy Lovejoy, Rebecca Smith, William Dow-
land, Ann Dowland, Joseph Lyon, Eleanor
Ball, Moses Shute, Houlsworth Thompson,
Elizabeth Curran, Mary Blake, adults, Han-
nah, Sarah, and Alexander Smith, Martin,
Samuel, and George Dowland, children, an

686 PAUPER ACCOUNTS.

infant child of Mary Ann White, and fune-
ral expenses of Houlsworth Thompson, and
said infant child, 407 00

Topsfield, for support of Phillis Emerson,
Anna Connell, Jane Richardson, William R.
Jones, and Elizabeth M. Jones, adults, 41 80

Tyringham, for support of Richard Gardner,
Asa Thompson, Mary Diskill, Pamela Fil-
ley, Eliza Hicks, Laura Cross, Jacob Van
Deusen, Katy Van Deusen, adults, Joseph,
Mary, Sarah, Benjamin and Melinda Ayres,
and Hiram Bailey, children, 353 70

Tewksbury, for support of John Woods, Nich-
olas Welsh, Cyrus Williams, and John Wat-
son, adults, 34 10

Troy, for support of Eliza Sharp, Sarah Lin-
coln, Lydia Morse, John Welsh, Eleanor
Ball, Jona. Negus, Polly Davis, and John
Chaise, adults, George, John, and Caroline
Sharp, Betsy Ann Lincoln, John Morse,
children, 144 80

Townsend, for support of Edward McBride,
Samuel B. Jackson, adults, Henry S. Jack-
son, child, 55 32

Upton, for support of Mary Bryant, adult, 36 40

Uxbridge, for support of Mary Pratt, adult, 36 40

Windsor, for support of Rhoda Barnes, adult, 21 10

West Stockbridge, for support of Sally Bar-
ton, Lucy Lane, Ransom H .Briggs, Lucre-
tia Bellamy, Jesse Poultney, Samuel Bell,
Nathan W. Halsey, Franklin Green, adults,
Henry W. Rogers, Jane and Lucretia Reed,
children, 308 90

Worcester House of Correction, for support of

sundry paupers, 82 20

PAUPER ACCOUNTS. 687

Wilbraham, for support of John Ammidon, Jo-
anna Ammidon, Alice Dodge, Mary Walker,
Eunice Davis, Rodney Greenwood, and
Robert Tufts, adults, 252 20

West Springfield, for support of John Green,
Laura Chapin, Lois Shevoy, Volatine Wor-
thy, James Graham, adults, Richard Bene-
dict, Leander G. Watson, Leonard Free-
man, John Benedict, children, 210 16

Westhampton, for support of Sylvia Miller,
adult, and Filia Sherman, Robert Living-
ston, and Charles Peter Ellis, children, 104 10

Westfield, for support of sundry paupers, viz :

twenty adults and six children, 418 60

Waltham, for support of James Buchanan and

Robert Powers, adults, 39 30

Ward, for support of Sarah Wiser, adult, 36 50

Western, for support of Andrew Barrett, adult, 15 80

Worcester, for support of Jonas Brooks, Bryant
Murphy, George Derby, Ivory Colomy, Eliza
Erbee, Richard McConnell, Libeus Prince,
William Reed, John Henneree, Anne Rich-
ardson, Patrick Newland, Nathan Fassett,
Peter Furlough, Calvin Stowell, adults,
Thomas, John, and Catharine Murphy, and
Lyman Stowell, children, also funeral expen-
ses of Bryan Murphy, Mrs. Riley, Armenia
Brooks, and Nathan Fassett, said account
being for two years, 356 60

Westborough, for support of Primus Titus,

adult, 18 20

West Bridgewater, for support of Thomas

Quindley and Redden Carr, adults, 75 00

688 PAUPER ACCOUNTS.

Washington, for support of Hattsey Simmons,
Henry Panton, Ruth Rigby, and John
Thompson, adults, 137 90

Watertown, for support of Thomas McBride,
George Hunter, Mary Hunter, William Mi-
rick, Catharine McCoster, Timothy Khoe,
William Leechman, Thomas Barker, Cath-
arine Barker, William Rogers, Caroline
Rogers, Nancy Williams, Phineas Brown,
Ellen Leachman, John Thompson, William
Precious, Michael McGerry, Mary McGerry,
Patrick Berry, James Crump, adults, Thom-
as, Patrick, and Margaret McCoster, Nancy,
James, and Caroline Barker, children, 397 50

Williamsburg, for support of James Turner,

adult, and Dotia Turner, child, 58 40

Wenham, for support of Sarah English, and

Pompey Porter, adults, 52 30

Westport, for support of Darius Collins and

Nathaniel Nottage, adults, 43 80

Williamstown, for support of John G. Hender-
son, Lydia Barry, Rachel Galusha, Asahel
Foot, Aurelia Foot, Maria Foot, Peggy
Jackson, John Cosswell and wife, adults,
Alanson, Ethan, and Abel Barry, Ann L.
William, and Harriet Seymour, and Laura
Foot, children, 409 10

Warwick, for support of Samuel and Molly

Gunn, adults, 73 00

Whately, for support of Jesse Jewett, adult, 36 50

Walpole, for support of Sarah Sargent, and
Agnes Gill, adults, and Sarah A. Sargent,
child, 76 90

Woburn, for support of Ann Haskell, adult, 77 00

PAUPER ACCOUNTS. 689

Weymouth, for support of Phillis Peach, Eliz-
abeth Lawler, adults, William, Charles, Eliz-
abeth, and Henry Lawler, children, 136 00

West Newbury, for support of Jonathan Ste-
vens and Righteous Reeves, adults, and fune-
ral expenses of said Reeves, 16 70

Wrentham, for support of Sylvia Pettis, Daniel
Richardson, John Thornbury , Thomas Burns,
John Broadrick, Edmund Llewelyn, adults, 62 20

Sheffel Weaver, guardian, for supplies to Troy

Indians, to Feb. 1, 1834, 52 68

Ware, for support of Thomas Dennison, Jacob
Jackson, adults, George W., and Horace
Booth, Eliza Olney, Caroline Olney, and
Henry Olney, children, 177 10

Yarmouth, for support of Black Let, adult, S6 50

Aggregate of Pauper Accounts, ;^52,150 43

MILITARY ACCOUNTS.

JANUARY SESSION, FOR THE YEAR 1834.

Aids de Camp.

Aaron Davis Capen, to June 15, 1833, 11 45

William C. Tyler, to Jan. 1, 1834, 13 54

William S. Allen, to Jan. 1, 1834, 25 00

Micah M. Rutter, Jr. to Dec. 31, 1833, 25 00

Mason C. Darling, to Jan. 1, 1834, 19 63

Welcome Young, to March 23, 1833, 5 78

Joshua B. Tobey, to Jan. 1, 1834, 16 67

690 MILITARY ACCOUNTS.

William Pratt, to Jan. 1, 1834, 35 75

Franklin Weston, to March 14, 1832, 5 14

John C. Hunt, to Jan. 1, 1834, 25 00

Brigade Majors and Inspectors.

Thomas Adams, Jr. to Jan. 1, 1834,
Emor S. Sayles, to June 17, 1833,
Amos H. Boyd, to Jan. 1, 1834,
William C. Tyler, to Jan. 1, 1834,
Jabez W. Barton, to Dec. 31, 1833,
M. P. Parish, to Jan. 1, 1834,
Samuel W. Stickney, to Sept. 1, 1833,
Wyman Richardson, to Jan. 1, 1834,
William M. Lathrop, to March 19, 1833,
Luther B. Bliss, to Jan. 1, 1834,
Hiram F. Stockbridge, to Jan. 1, 1834,
James R. Sproat, to June 8, 1833,
Horace Collamore, to Dec. 31, 1833,
George B. Atwood, to Sept. 15, 1833,
James H. Collins, to Jan. 1, 1834,
James H. Bodfish, to Dec. 31, 1833,
Linus Child, to Jan. 1, 1834,
Gideon Sibley, to Jan. 1, 1834,
Increase Sumner, to Jan. 1, 1834,
Albert G. Belden, to Jan. 1, 1834,

^182 96

40 00

^637 66

Adjutants.

E. M. Stone, to Jan. 1, 1834, 25 00

Appleton Howe, to Sept. 19, 1833, 42 91

Noah Vining, Jr. to Jan. 1, 1834, 7 33

MILITARY ACCOUNTS. 691

Francis D. Holbrook, to March 1, 1833, 4 17

Oramcll Tower, to Jan. 1, 1834, 20 83

Amos H. Bojd, to Sept. 17, 1833, 25 00

Sumner Crosby, to Jan. 1, 1834, 25 00

Francis R. Bigelow, to Jan. 1, 1834, 45 34

Calvin W. Haven, to Jan. 1, 1834, 25 00

Jabez Pratt, to Jan. 1, 1834, 15 00

Benj. S. Newhall, March 1, 1833, 35 42

Daniel W. Rogers, to Jan. 1, 1834, 25 00
Stephen Adams, Jr. to Sept. 18, 1833, , 17 92

Caleb Cogswell, to Jan. 1, 1834, 35 42

William Brown, to Jan. 1, 1834, 25 00

Benjamin Dana, to Jan. 1, 1834, 25 00

William Tidd, to Jan. 1, 1834, 50 00

Abner W. Merriam, Dec. 31, 1833, 42 50

Albert P. Rock wood, to Jan. 1, 1834, 23 60

Josiah Clarke, to Jan. 1, 1834, 25 00

Horace Heard, to Jan. 1, 1834, 25 00

George W. Tarbell, to Jan. 1, 1834, 50 00

Henry I. Baxter, to Jan. 1, 1834, 25 00

John Curtis, to Jan. 1, 1834, 33 33

WiUiam L. Terrett, to Jan. 1, 1834, 25 OQ

Horace Lyman, to Jan. 1, 1834, 25 00

Samuel W. Squire, to Jan. 1, 1834, 25 00

Samuel W. Kirkland, to Feb. 12, 1833, 2 90

Samuel L. Hinckley, to Sept. 3, 1833, 10 62

John I. Graves, to Oct. 16, 183.3, 19 86

Aretas Ferry, to Aug. 15, 1833, 15 62

William H. Andrews, to Jan. 1, 1834, 9 38

Charles Smead, to Jan. 1, 1834, 25 00

Marshall S. Mead, to Aug. 8, 1833, 40 09.

Thomas F. White, to Jan. 1, 1834, 25 00

Horace Collamore, to July 1, 1833, 12 50

Caleb W. Prouty, to Jan. 1, 1834, 11 46

692 MILITARY ACCOUNTS.

Dyon Bryant, to Jan. 1, 1834,
William H. Cushman, to Jan. 1, 1834,
Henry Luther, to Jan. 1, 1834,
James H. Collins, to Sept. 16, 1833,
George Danforth, to Dec. 31, 1833,
John B. Newcomb, to Jan. 1, 1834,
John T. Lawton, to Jan. 1, 1834,
Charles C. Nye, to Jan. 1, 1834,
Joseph Hale, to Jan. 1, 1834,
Benjamin H. A. Collins, to Jan. 1, 1834,
Caleb C. Howe, to Jan. 1, 1834,
Amos W. Pitts, to May 7, 1833,
Ambrose Slooper, to Jan. 1, 1834,
Joseph Knox, to Jan. 1, 1834,
Elijah Sawyer, to Jan. 1, 1834,
Willard S. Wood, to Aug. 1, 1833,
Stephen W. Norcross, to Jan. 1, 1834,
Spencer Field, to July 31, 1833,
Reuel Lawrence, to Jan. 1, 1834,
Luke Beal, to Jan. 1, 1833,
Lucian Bryant, to Jan. 1, 1834,
Edmund H. Nichols, to Sept. 18, 1833,
Samuel Bacon, to Jan. 1, 1834,
Edson Sexton, to Jan. 1, 1834,
Rodney Hill, to Jan. 1, 1834,
T. M. Manchester, to Jan. 1, 1834,
Ambrose Nicholson, to Jan. 1, 1834,

For Hauling Artillery.

25 00

14 58

;^1,524 11

Jonathan Packard, 1833, 9 25

John Webber, " 18 00

MILITARY ACCOUNTS. 693

Asa B. Ware,

1833,

12 00

John Hoppin,

20 00

Benjamin Brown, Jun.,

30 00

Henry Sargeant,

30 00

John Wilson,

20 00

Wilham Haskell,

1832-3,

20 00

John K. Skinner,

1832,

10 00

William Russell,

1833,

10 00

Aaron Bateman,

1832,

9 00

Aaron Bateman,

1833,

10 00

Joshua P. Trask,

((

10 00

Thomas J. Bowler,

1832,

11 25

Thomas J. Bowler,

1833,

13 00

Benjamin Dennis,

1832,

10 00

Charles Wardwell,

1833,

21 50

Hiram Collins,

((

5 50

John Bradbury,

10 00

John W. Hayward,

24 00

Hiram Bridges,

1833,

10 00

John M. Robertson,

((

20 00

Phineas G. Prescott,

8 50

George Whipple,

((

6 25

Reuel Cooley,

1832—3,

13 75

Lyman Shaw, 2d,

1833,

8 25

Elisha Abbey,

((

10 00

Randall Dyer,

22 00

Thomas Mason, Jun.,

15 45

Noah Edwards,

1832,

5 00

Charles Phelps,

1833,

5 00

Orin Smith,

((

7 50

Eleazer S. Bartlett,

((

13 75

Spencer Vining,

8 33

William Thomas,

8 00

Leonard Wilmarth,

1832,

11 00

694 MILITARY ACCOUNTS.

Almond Streeter,

1833,

14 00

Hiram Hunt,

15 00

William P. Ruggles,

7 50

Franklin Brigham,

1832—3

14 12

James O'Brien,

1833,

5 55

Granville Jones,

7 50

Samuel R. Crane,

10 62

;^550 57

COURTS MARTIAL.

Court Martial,

Holden at New Bedford, February 26,

1833.

Col. James D. Thompsonj

President,

21 00

Col. Sylvester Bourne,

Member,

18 70

Lt. Col. Oliver Eaton,

((

16 80

Capt. Phineas Burgess,

14 00

Maj. Timothy G. Coffin,

Judge Advocate,

28 00

Lieut. James H. Collins,

Marshall,

14 00

SergH. E. Sherman,

Orderly SergH.,

10 50

Henry Luther,

Witness,

3 26

George W. Bliss,

4 70

Seth S. Ballou,

4 54

Hiram Drown,

((

4 30

Samuel Jenks,

4 70

John B. Reed,

4 70

John H. Potter,

• 4 70

Nehemiah H. Potter,

4 70

Lyndall Bowen,

3 90

Timothy G. Coffin,

Judge Advocate,

for sundries, v

18 70

;^181 20

MILITARY ACCOUNTS.

695

Court Martial,

Holden at Grove Hall, Roxbury, Feb.

17, 1834.

John F. Banister,

President,

15 40

Joseph Porter,

Member,

10 70

George H. Holbrook,

12 00

Josiah L. C. Amee,

10 40

Fisher A. Kingsbur}',

2 80

Ivers J. Austin,

Judge Advocate,

20 40

Frederick W. Lincoln,

Marshall,

11 20

Eleazer Beal, Jr.

Complainant,

3 60

John S. Tyler,

Witness,

0 82

Edward W. Bradley,

1 24

Eleazer Beal, Jr.

2 38

O. Tower,

2 38

Lemuel Gay, Jr.

2 20

Henry Blanchard,

2 20

Joseph G. Thayer,

2 20

George W. May,

2 20

E. W. Bull,

Sergeant,

7 70

Incidental Expenses.

O. Tower, for service of charges and notice,

Thomas Howard, subpoena,

Enoch Bullard, "

C. A. Flagg, for use of hall, fuel, &c.

Ivers J. Austin, for stationary.

;^140 05

696 MILITARY ACCOUNTS.

For services rendered by special order of the Commander

in Chief.

Linus Child, March 27, 1833, 7 50

Aggregate of Military Accounts, ^3224 0^

AGGREGATE OP ROLL NO. 108.

Pauper Accounts,

$52,150 43

Military

Accounts.

Aids de Camp,

182 96

Brigade Majors and Inspectors,

637 66

Adjutants,

1524 11

Hauling Artillery,

550 57

Courts Martial,

321 25

Services by special order,

7 50

Total,

^55,374 48

eomtnonUiraltfi of M^^^^tW^tttu.

In the Year of our Lord One Thousand Eight Hundred
and Thirty-Four.

RESOI.VE

Authorizing the Payment of certain Pauper and Military

Accounts.

Resolved, That there be allowed and paid out of the
public treasury, to the several corporations and persons
mentioned in the foregoing Roll, the sums set against
their names respectively, amounting, in the whole, to
the sum of fifty-five thousand three hundred and seventy-
four dollars and forty-eight cents, the same being in full
discharge of the accounts and demands to which they
refer. And His Excellency the Governor is requested
to draw his warrant accordingly.

In Senane, March?, 1834.
Read, and passed. Sent down for concurrence.

B. T. PICKMAN, President.
House of Representatives, March 8, 1834.
Passed in concurrence.

W. B. CALHOUN, Speaker.
March 8th, 1834.

JOHN DAVIS.

eomnfontoea^Uli of M^^^^t^^^tttn.

Treasury Office, 2d mo. (Feb.) 27th, 1834,

The Treasurer having examined and adjusted the ac-
counts presented to him, respectfully Reports :

That there is due to the several persons enumerated
on the following Roll, 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.

HEZEKIAH BARNARD, Treasurer.

To the Senate f and

House of Representatives.

ROLL or ACCOUNTS

Audited by the Treasurer of the Commonwealth, and re-
ported Feb. 27, 1834.

SHERIFFS.

Brown, Henry C, for returning votes, distribu-
ting blanks to overseers of the poor, &c., to
December, 1833, 62 00

Crocker, David, for returning votes, distribu-
ting acts, blanks to overseers of the poor,
&c., to November 22, 1833, 29 20

Folger, Peleg S., for returning votes, &c., to

November 12, 1833, 34 00

Hayward, Nathan, for returning votes, distribu-
ting acts, blanks to overseers of the poor,
&c., to November, 1833, 28 77

Lyman, Joseph, for returning votes, distribu-
ting acts, blanks to overseers of the poor,
&c., to November 15, 1833, 46 70

Leonard, Horatio, for returning votes, distribu-
ting acts, blanks to overseers of the poor,
&c., November 16, 1833, 27 10

Pease, Isaiah D., for returning votes, distribu-
ting acts, &c., to November, 1833, 26 50

Rice, Caleb, for returning votes, distributing
acts, blanks to overseers of the poor, &c., to
November, 1833, 39 70

Sprague, Joseph E., for returning votes, dis-
tributing acts, blanks to overseers of the
poor, &c., to November 1833, 35 20

Varnum, Benjamin F., for returning votes, dis-

700 CORONERS.

tributing acts, blanks to overseers of the
poor, &c., to December 4, 1833, 78 66

Willard, Calvin, for returning votes, distribu-
ting acts, blanks to overseers of the poor,
&c., to February 21, 1834, 147 42

;^554 25
CORONERS.

Bowen, Nathan, for the funeral expenses of a

stranger, &c. to Sept. 2d, 1833, 7 00

Bourn, Thomas, for the funeral expenses of a

stranger, &c. to February, 1833, 7 00

Cole, Timothy, for taking an inquisition, &c.

to December 26, 1833, 11 90

Hinckley, E. M. for the funeral expenses of a

stranger, &c, to September, 1833, • 7 00

Jones, William, for taking an inquisition, &c.

to January, 1833, 14 20

Kempton, Ephraim, for taking an inquisition,

&c. to April, 1833, 13 88

Needham, Thomas, for taking an inquisition,

&c. to August 5, 1833, 7 40

Shute, Ebenezer, for taking an inquisition, &.c.

to January 3, 1834, 49 00

Snow, Prince, for taking inquisitions, &c. to

February 3, 1834, 28 64

Stowers, Joseph, for taking inquisitions, &c.

to July 9, 1833, 26 19

Sumner, Thomas, for taking an inquisition, &c.

to June 5, 1832, 13 61

Viall, Samuel, for taking an inquisition, &c.

to June 1.5, 1831, 10 18

PRINTERS. 701

Wade, William F. for the funeral expenses of
a stranger, to February 2, 1833, 7 00

Woodward, James, for taking an inquisition,
&c. to March 11, 1833, 8 39

^211 39

PRINTERS.

Adams and Hudson, for publishing laws, ad-
vertising, &c. and for papers supplied to
February 28, 1 834, 395 53

Badger and Porter, for advertising, &c. and

for papers to February 28, 1834, 284 19

Barrett, George C. for papers supplied to Feb-
ruary 28, 1834, 146 11

Beals, Homer, and Co. for publishing laws, ad-
vertising, &c. and for papers to February
28, 1834, 212 48

Boston Wesleyan Association, for papers sup-
plied to February 28, 1834, 13 89

Bowles, Samuel, for publishing laws, adver-
tising, &c. to November 2, 1833, 22 91

Briggs, Lewis, and Co. for publishing laws to
May, 1833, 16 67

Buckingham, Joseph T. for advertising, &c.

and for papers to February 28, 1834, 205 57

Colton, S. H. and Co. for advertising, &c. and

publishing laws to May, 1833, 3$ 67

Congdon, Benjamin T. for publishing the laws
of 1833, 16 66

Danforth, Allen, for advertising, &c. and pub-
lishing laws to May, 1833, 18 17

Douglas, Charles, for papers suppHed to Feb-
ruary 28, 1834, 31 34

702 PRINTERS.

Dutton and Wentworth, for advertising, &c.

and for papers to February 28, 1 834, 25 94

Earl, Benjamin, for publishing the laws of

1833, 16 67

Eldredge, John B. for publishing the laws of

1833, 16 67

Farmer, Jedediah, for advertising, and for pub-
lishing the laws of 1833, 28 67

Foote and Chisholm, for advertising, and for
publishing the laws of 1833 in the Salem
Gazette and in the Salem Mercury, to Oc-
tober, 1833, 39 32

Ford and Damrell, for papers supplied to Feb-
ruary 28, 1834, 113 93

Goodrich, I. Z. for publishing the laws of

1833, 16 66

Greene, Charles G. for papers supplied to

February 28, 1834, 187 46

Greene, Samuel D. for papers supplied to
March 28, 1833, 5 23

Grout, M. W. for advertising, and for publish-
ing the laws of 1833, 36 17

Hack, C. A. for advertising, and for publish-
ing the laws of 1833, 18 17

Hale, Nathan, for advertising, publishing laws,

&c. and for papers to February 28, 1 834, 332 03

Hallett, Benjamin F. for papers supplied to

February 28, 1834, 259 69

Haughton, Richard, for advertising, and for

papers to February 28, 1834, 83 61

Judd, Sylvester, for publishing the laws of

1833, 16 67

Lindsey, B. for advertising, and for publishing
laws to May, 1833, 38 84

PRINTERS, 703

Masters and Marden, for advertising, and for
papers to February 28, 1834,

Moore and Sevey, for papers supplied to Feb-
ruary 28, 1834,

Nichols, William, for papers supplied to Feb-
ruary 28, 1834,

Palfray, Warwick, Jr. for advertising, and for
publishing laws of 1833,

Palfray and Cook, for advertising, and for pub-
lishing laws of 1833,

Phelps and Ingersoll, for publishing the laws
of 1833,

Proprietors of the Investigator, for papers sup-
plied to February 28, 1834,
V Purdy, E. C. for advertising, and publishing
the laws of 1833, in the Lowell Journal and
Lowell Daily Journal,

Reed, David, for papers supplied to February
28, 1834,

Sherman, William N. for publishing the laws
of 1833,

Stone, E. M. for papers supplied to March 28,
1833,

Thayer, A. W. for advertising, and for publish-
ing the laws of 1 833,

Tiffany, Edwin D. for publishing the laws of
1832,

Wheildon, W. W. for publishing the laws of
1833,

Willis, Nathaniel, for papers supplied to Feb-
ruary 28, 1834,

;^2964 88
90

3 69

704 MISCELLANIES.

MISCELLANIES.

Adams and Hammond, for locksmith's work,

&c. to January 29, 1834, 17 43

Allen and Ticknor, for parchment, paper,
quills, &c. supplied the secretary and adju-
tant general, to December 31, 1833, 33 21
Ballard and Prince, for green cloth and bind-
ing, to November 23, J 833, 24 60
Blaney, Henry, for mason's work, &c. in and

about the state house, to January 8, 1834, 95 49
Bradlee, Samuel, for hard-ware, &c. supplied
for repairs, &c. on the state house, to Feb-
ruary 12, 1834, 74 74
Burditt, James W. for stationary, &:c. to Feb-
ruary 17, 1834, viz; —

For the Legislature, 595 28

" Council and Secretary, 231 17
" Land Office, 21 93

" Library, 13 75

" Adjutant General, 1 45

863 58

Carter and Hendee, for paper, books, pens, &c.

for the adjutant general, to December 24,

1833, 48 92

Goodrich, Isaac W. for paper supplied the

council and secretary, to February 15, 1834, 48 88
Gore and Baker, for painting in the fire-proof

rooms, 110 50

For painting book-cases, chairs, &c.

to February 11, 1834, 71 20

181 70

MISCELLANIES. 705

Hastings, Joseph S. for shades for chandelier
fixtures in the senate chamber, February 3,
1834, 14 00

Jones, Lewis, for stove-pipes, repairing fun-
nels, &c. to January 6, 1834, 21 13

Kuhn, Jacob, for balance of his account to

February 20, 1834, 399 34

Learnard, William, for arranging and prepar-
ing for removal to the fire-proof apartments,
the papers in the adjutant general's office,
and finishing the arrangement, indexing and
removal of those in the secretar)''s and
treasurer's offices, &c. to December 31,
1833, 542 75

Loring, Josiah, for stationary, book binding,
&c. to February 10, 1834, viz :—

For Council and Secretary, 91 62

" Treasurer, 43 71

" Adjutant General, 96 00

231 33

Loring, James, for Massachusetts Registers,
for the use of the council, &c. to January
27, 1834, 11 67

Snelling, Enoch H., for setting lights, cleaning

windows, &c., to December 16, 1833, 128 12

Stimpson, H. H. & F. H., for one Nott stove,
for adjutant general's office, January 6,
1834, 34 00

Wheeler, John H., for making book-
cases, for cherry-tree wood, glazing,
&c. for the fire-proof apartments Nos.
1 and 5, to September 17th 1833, 839 88
And for repairs, alterations, &c., in

706 AGGREGATE.

and about the State house, to Feb-
ruary 17th, 1834, 552 19

;^4,162 96

Sheriffs,
Coroners,
Printers,
Miscellanies,

AGGREGATE.

554 26

211 39

2,964 88

4,162 96

;$f7,893 48

In Senate, February 28, 1834.

Referred to the Committee on Accounts.
Sent down for concurrence.

CHARLES CALHOUN, Clerk,

House of Representatives, March 1, 1834.

Concurred.

L. S. CUSHING, Clerk.

eommontoealtn of J^as^acfjufiiettfii.

The Committee on Accounts, to whom was commit-
ted the Treasurer's Roll of audited accounts, have ex-
amined the same, and report the subjoined Resolve for
the payment thereof.

Per Order.

N. C. BROWNELL, Chairman,

March 1, 1834.

eowmontoealtft of m^umtfimtUu.

In the Year of Our Lord One Thousand Eight Hundred
and Thirty-Four.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to the several persons
named in the accompanying Roll, the sums set against
their names respectively, amounting in the whole, to the
sum of seven thousand eight hundred and ninety-three
dollars and forty-eight cents, the same being in full dis-
charge of all the accounts and demands to which they
refer, and that a warrant be drawn therefor.

In Senate, March 7th, 1834.
Read and passed. Sent down for concurrence.

B. T. PICKMAN, President.

House of Representatives, March 8, 1834.
Passed in concurrence.

W. B. CALHOUN, Speaker.
March 8th, 1834: Approved.

JOHN DAVIS.

eommonioealtti of JUaiSf^atefiuss^ttfs.

Treasury Office, 3d Mo. (March) 29th, 1834.

The Treasurer having, in compliance with an Order
of the legislature of the 18th instant, examined and ad-
justed the accounts presented to him, asks leave to Re-
port : —

That there is due to the several persons named on the
annexed Roll, the sums set against their names respec-
tively, which, when allowed and paid, will be in full
discharge of said accounts to the dates therein men-
tioned.

Respectfully submitted.

HEZEKIAH BARNARD, Treasurer.

To the Seriate, and

House of Representatives.

ROLL OF ACCOUNTS

Audited by the Treasurer of the Commonwealth, and re-
ported March 29th, 1834.

SHERIFFS AND CORONERS.

Nevers, John, for returning votes, distributing
acts, blanks to overseers of the poor, &c.,
to November, 1833, 48 40

Bancroft, Timothy W., for taking an inquisi-
tion, &c. to November 26, 1832, 12 02

Snow, Prince, for taking inquisitions, &c. to

March 15, 1834, 24 02

Upton, Stephen, for taking an inquisition, &c.

to September 11, 1833, 7 73

P2 17
PRINTERS.

Adams and Hudson, for advertising, and for

papers supplied to March 29, 1834, 127 38

Allen, William S., for advertising, and pubUsh-

ing the laws to August 1, 1833, 35 92

Allen, Phinehas and Son, for advertising, and

publishing the laws to December 28, 1833, 19 17
Atwill, Winthrop, for publishing the laws of

1833, 1^ ^^

Badger and Porter, for papers supplied to

March 29th, 1834, 130 51

Barrett, George C, for papers supplied to

March 21st, 1834, 55 38

Bazin, George W., for papers supplied to

March 29th, 1834, 25 62

PRINTERS. 711

Beals, Homer & Co., for papers supplied to

March 29th, 1834, 64 81

Boston Westleyan Association, for papers sup-
plied to March 28th, 1834, 3 65

Boston Daily Globe, for papers supplied to

March 24th, 1833, 4 OO

Boston Free Press Company, for advertising to

November 22d, 1833, 3 oO

Boston Republican, for papers supplied to

March 29th, 1834, 6 75

Boston Investigator, for papers supplied to

March 29th, 1834, 4 31

Buckingham, Joseph T., for advertising, and

for papers to March 29lh, 1834, 78 91

BufFum, J., for publishing laws, kc. and for

papers to March 29, 1834, 27 66

Clapp, William W., for publishing laws, adver-
tising, &c., and for papers to March 29th,
1^3^' 195 04

Clapp, D. Jun., for papers supplied to March

29th, 1834, 1 50

Douglass, Charles, for papers supphed to

March 29th, 1834, 19 65

Drew, Benjamin, Jun., for publishing laws, and

advertising to October 14, 1833, 18 16

Dutton and Wentworth, for papers supplied to

March 29th, 1834, 6 74

Fish, Ebenezer, for publishing the laws of 1 833, 1 6 67

Foote and Chisholm, for advertising, and for

papers to March 29, 1834, 18 86

Ford and Damrell, for papers supplied to March

29th, 1834, 51 84

Garrison and Knapp, for papers supplied to

March 29th, 1834, 72 75

712 PRINTERS.

Greene, Charles G., for papers supplied to

March 29th, 1834, 109 77

Hale, Nathan, for papers supplied to March

29th, 1834, 108 50

Hallett, Benjamin F., for papers supplied to

March 29th, 1834, 136 44

Harriman, Edwin, for advertising to January

13th, 1834, 2 00

Haughton, Richard, for papers supplied to

March 29th, 1834, 27 51

Ives, M. and S. B., for publishing laws of 1832

and 1833, and for advertising to October 20th,

1833, 42 32
Lilly, Wait and Company, for papers supplied

to March 24th, 1834, 2 62

Mann, Herman, for advertising and for publish-
ing the laws of 1833, 26 66

Marsters & Marden, for papers supplied to

March 29th, 1834, 20 37

Palfray, Warwick, Jun., for advertising, &c., to

May 6th, 1833, 7 25

Reed, David, for papers supplied to March 29th,

1834, 14 71
Willis, Nathaniel, for papers supplied to March

29th, 1834, 21 81

;^1,524 90

MISCELLANIES.

713

MISCELLANIES.

Bacon, Henry, assistant messenger, to March

29th, 1834,
Burditt, James W., for stationary, supplied to

March 19th, 1834, viz:

For the Council and Secretary's office, 65 37
" Legislature, 167 65

Chase, Warren, assistant messenger, to March

29th, 1 834,
Cutting, Elijah W., assistant messenger, to

March 29th, 1834, 160 00

And for his son, as page to the Senate, 76 00

Pitts, Sarah, for her son as page to the House
of Representatives, to March 29th, 1834,

Minott, John, keeper of Rainsford Island, his
annual allowance for 1833, including wood,

Murphy, David, assistant messenger, to March
29th, 1834,

160 00

233 02
160 00

236 00

76 00

104 44

160 00
,129 46

AGGREGATE.

Sheriffs and Coroners,

Printers,

Miscellanies,

92 17
1,524 90
1,129 46

;^2,746 53

eommoniuealt)) of Jllafsi^atliussetti^*

In Senate, March 31, 1834.

The Committee on Accounts, to whom was committed
the foregoing Roll of audited accounts, report the an-
nexed Resolve.

N. C. BROWNELL, Chairman.

eommontoealtii of M^^^^tf^timttu.

In the Year of our Lord One Thousand Eight Hundred
and Thirty-Four.

RESOLVE

For the payment of Accounts audited by the Treasurer.

Resolved, That there be allowed and paid out of the
public treasury, to the several persons mentioned in the
foregoing Roll, the sums set against such persons names
respectively, amounting, in the whole, to the sum of two
thousand seven hundred forty-six dollars and fifty-three
cents, the same being in full discharge of the accounts
and demands to which they refer, and that a warrant be
drawn therefor.

In Senate, March 31, 1834.
Read and passed. Sent down for concurrence.

B. T. PICKMAN, President.

House of Representatives, April 1, 1834.
Passed in concurrence.

W. B. CALHOUN, Speaker,

Approved, April 1st, 1834.

JOHN DAVIS.

716 MILITARY ACCOUNTS.

Adjutants Accounts, for 1 835. — Second Roll.

Hazen Ay res, to Jan. 1, 1834, 25 00

Thomas L. Marshall, to Jan. 1, 1833, 12 60

Jesse E. Dow, to Dec. 31, 1833, 25 00

David M. Moore, to Jan. 1, 1833, 25 00

Osmund L. Nelson, to July 18, 1833, 13 75

David M. Moore, to Jan. 1, 1834, 25 00

Marshall Underwood, to Jan. 14, 1833, 8 78

Accounts for Hauling Artillery, 1833. — Second Roll.

Benjamin Dennis, 1833, 20 00

Bowman W. Dennis, " 15 00

Adjutant General's Office, March 29, 1834.

I hereby certify, that I have examined the accounts
referred to in the above Roll, and that they are correctly
vouched and cast.

W. H. SUMNER, Adj. Gen.

orommontpealtt) of iiBuuu^t'^umtiu.

In the Year of our Lord One Thousand Eight Hundred
and Thirty-Four.

RESOLVE

For the Payment of certain Military Accounts.

Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to the several persons
named in the accompanying Roll, the sums set against
their names respectively, amounting, in the whole, to
one hundred and seventy dollars and three cents, the
same being in full discharge of all the accounts and de-
mands to which they refer, and that a warrant be drawn
therefor.

In Senate, March 31, 1834.
Read and passed. Sent down for concurrence.

B. T. PICKMAN, President.

House of Representatives, April J, 1834.
Passed in concurrence.

W. B. CALHOUN, Speaker.

Approved, April 1st, 1834.

JOHN DAVIS.

^otntnontDea^ltfi of M^^^^^uuttt^.

SECRETARY'S OFFICE, MAY 16, 1834.

I HEREBY CERTIFY, That I have compared the Re-
solves, Messages, and other Documents, printed in this
pamphlet, with the Originals remaining in this office, and
find the same to be correct.

EDWARD D. BANGS,

Secretary of the Commonwealth,

INDEX

TO THE RESOLVES, MESSAGES, &c.,

JANXTARir, 1832, TO AFRIZ., 1834, ZirOI.TTSZVX:.

Accounts against the Commonwealth, how audited, . 68 145

" °f Land Agent settled, .... 99, 433,' 637

Kol Is of, audited by Committee of Accounts, 189 212 21 "i QQ9

497, 669, 716. ' ' . ^-', ^^o,

• " Rolls of, reported by Treasurer, 73, 180, 219, 529, 539, 699, 710
Adams, town of, list of voters to be posted in, , . . ^79

Adams and Hudson, appointed publishers of the laws, .' .' 127

Osee, and another, allowance to, for expenses of certain

prosecutions, . . , ^ .

Moses, administrator, may perpetuate evidence of sale of
real estate, . . _ ^

Address of Gov. Lincoln, on pubhc affairs, 1833, ! .' .' 263

ofGov. Davis, on public affairs, 1834, * * 570
Adjutant General, authorized to furnish Haverhill L. I. Company

with arms, • .... 353

iv INDEX.

Adjutant General, authorized to convey certain land of the State

in Framingham, . . • • 635

Alabama, documents from, transmitted, respecting nullification, &c. 408

Amendment of Constitution, as respects House of Representatives,

recommended by Governor, 30, 31, 288

« « in Third Article of Bill of Rights, to

be submitted to people, . . 384

« « Eleventh Article of, to be enrolled,

&c., .... 604

Ames, Sally, widow, to be repaid amount of forfeited recognizance, 159

Amos, Daniel, and others, allowance to, as witnesses before Com-
mittee of Legislature, . . • • 666
Andrews, Ferdinand, allowance to, as member of former General
Court, ....••
Arnold, Samuel F., allowance to, on account of wound when on
military duty, ..••••
Asylum for Blind, provisions respecting support of poor pupils at, 338, 344

« for Deaf and Dumb, (see Deaf and Dumb.)
Audubon's " Birds of America," to be purchased for General

Court Library, . . • • • ^yj^

Austin, Daniel, allowed for attendance as Representative,

620
600

491

Bacon, Reuben, administrator, may file afiidavit respecting sale of
certain estate, . . . • •

Bagg, Linus, a representative, allowance to, for expenses, &c., .
Baldwin, Benjamin, allowance to, to be made on settlement of cer-
tain notes due to Commonwealth, . . • 649
Bankruptcy, uniform system of, recommended, .
Bank Bills, measures to prevent counterfeiting, recommended by
Governor, ..••••
Bank of the United States, opinion expressed respecting removal

of deposits from, recharter of, &c., . • • 614

Banks and Banking, remarks of Governor concerning, . . 579—586

Barnard, Albert F., to be supported at Deaf and Dumb Asylum, 101

Bartlett, Samuel, executor, may sell certain real estate, . . 341

Blind, Asylum for, provisions respecting support of poor pupils at, 338, 344
Boston South Bridge, certain proceedings to be had respecting,

conditionally, ,..••• ■'^

« City of, paid for improvements, and building hospital on

Rainsford Island, . . • • • 172,642

« Society of Natural Histoiy, may have custody of certain

geological specimens belonging to the State, . 645

657
440

142
285

INDEX. V

Boundary between Massachusetts and Rhode Island, measures to

be taken respecting, if called in question, . . 164

" between Swanzey and Warren, to be marked, . . 323
" between certain towns in Massachusetts and Rhode

Island, to be ascertained, .... 434

Bridge, Warren, accounts of, transmitted to legislature, , . 330

" " accounts of tolls, how settled, . . . 593
" " information concerning tolls of, &c., communi-
cated by Governor, .... 596, 613

Brooks, Aaron Jun., allowance to, for services as Judge Advocate, 337

Calhoun, Charles, allowance to, for preparing index to journals, . 406

Canada Road, through public lands in Maine, information con- *■
cerning, communicated, and time allowed for com-
pleting, ...... 53,69

Chaplains of Legislature, allowance to, . . . 173, 443, 642

Chappequiddic Indians, commissioners on divisional line of, paid

for services, .... 58

" " provisions for support of pauper belong-

ing to, .... 62,322,600

" " expenses of prosecuting suit in behalf of,

paid for, .... 176

Chase, James, allowance to, on account of wound when on mili-
tary duty, . . . . . . 640

Childs, Reuben, allowance to, for revolutionary services, . . 382

Civil Government of Massachusetts, list of, for 1832, . . 3

« " " " 1833, . . 239

" « " " 1834, . . 545

Claim of Massachusetts on General Government, (see Massachu-
setts Claim.)
Clapp, Derastus, allowance to, for prosecuting a criminal, . 158

" Bela P., guardian, may file affidavit respecting sale of real

estate, ....... 609

Clark, John F., allowance to, for support of state paupers, . 104

Clerk of valuation committee, pay of, provided for, . . 61

" of the Senate to cause certain documents to be bound, &c., 646

Clerks employed in preparing valuation returns, paid for services, 68

« of Legislature, pay of, provided for, . 137,353,630,639,650

Cobb, Jonathan H., allowance to, for services as Register of Pro-
bate, pro. tern, for Norfolk County, . . . 593
Cobb's Manual on culture of silk, copies of, to be purchased for

public use, ...... 355

vi INDEX.

Colburn, Nathan, allowance to, for revolutionary services, . 176

Commissioner to be appointed to sell or exchange a strip of land

in Boston belonging to the State, . . . 178

Commissioners to be appointed to revise laws, (see also State

Laios,) ...... 103

" on separation of Maine from Massachusetts, jour-

nal &c. of, to be deposited at Augusta, . 448

" to run line between towns in Massachusetts and

Rhode Island, appointment, powers, &c. of,
regulated, ..... 323,434

" on the pauper system, paid for services, . . 440

" for erection of lunatic hospital, paid for services, 622

" for revision of laws, first report of, communicated, 623

" for examination of gaols &c. paid for services, . 656^.^^

Committee on state valuation, pay of, provided for, . . 61

" " " report of, amended and accepted, . Ill — 127

« on accounts, their rolls, . 189,212,215,223,497,669,716

" of Legislature, to examine revised statutes to be re-

ported by the Commissioners, appointment, com-
pensation, &c. of, . . . . 655, 663, 665

Commonwealth, interest of, in certain land in Fraraingham, to be

sold, 635

" interest of, in certain land in Williamstown, to be

sold, . . . . . . 652

Connecticut, resolutions of, on various subjects, communicated, 50, 596

Contingent fund, provided for service of government, . . 138

Convention of States recommended or disapproved by various

States, .... 308,342,380,386,411

" of South Carolina, proceedings of, animadverted

upon, ..... 290,310,356

" of States, for certain purposes, proposed by S. Caro-

lina and Georgia, disapproved by Massachusetts, 386, '402,
411—423.
Council, compensation of members of, established, . 165, 443, 659

" Chamber, provision for repairs &c, in, . . . 177

County taxes, granted, ..... 132, 325, 611

" of Worcester, grant to, of Commonwealth's right in certain

land, ....... 594

Currency of the countiy, remarks of Governor concerning, . 579 — 586

" " " opinion of legislature expressed, con-

cerning, .... 614—619

INDEX. vir

Davies, Charles S., allowance to, for services in relation to Massa-
chusetts Claim, ..... 72
Deaf and Dumb, provisions for support of, in individual cases, 56, 101, 601,
649.
" " further provisions respecting support of, recom-
mended by Governor, .... 57
" " provisions for support of, ... 66
Debtor and creditor, revision of laws respecting, recommended by

Governor, 31,32,287,586

Delaware, documents from, transmitted, condemning nullification, 329

" " " " respecting Convention of

States, ... 342

Derby, Ira, to be supported at Deaf and Dumb Asylum, . . 649

Dillingham, John, allowance to, on account of wound when on

military duly, ..... 638

Dorrance, Gardiner, allowance to, as member of last General

Court, ....... 56

Dwight, Solomon R., a lunatic, to be removed to hospital, , . 326

Eastern Lands, information concerning, communicated by Gover-
nor, 39,40,268,595

" " information concerning road through, communi-

cated, ...... 53

" " completion of road tluough, further time allowed

for, 69

" " certain townships of, to be sold, . . 136, 349, 638

" " system for sale, &c., of, confirmed, . . 141

" " opinions concerning, expi-essed, as affected by the

boundary question, .... 160

" " certain documents respecting, to be deposited in

State House in Maine, .... 448

" " further provisions respecting grant of, to old sol-

diers, ...... ib.

" Stage Company, allowance to, for a despatch on govern-
ment service, ...... 177

Electoral votes, form of returns of, prescribed, . . . 174

Eliot, Margaretta B., authorized to convey certain real estate, . 140

viii INDEX.

Ellis, Barzillai F., allowance to, on account of wound when on

military duty, ..... 607

" Betsey, grant to, . . . . . . 641

Emerson, David, judgment of Commonwealth against, released, . 631

Erving's Grant, highways in, how supported, . . . 354

Ewer, Charles, may receive new deed from Land Agent, . . 144'

Fay, Richard S., Administrator, may make deed of certain land, . 612

Fellows, Daniel, allowance to, for support of Indian pauper, 62, 322, 600
" " paid for expenses of suit in behalf of Chappe-

quiddic Indians, .... 176

Fire proof rooms, at State House, public documents to be remov-
ed to, . . . . . . 165

" " arrangement for warming, may be made, . 348

Flint, Waldo, and another, Trustees, may convey certain real

estate, ....... 75

Franklin, County Commissioners of, may make certain provisions

for support of high ways in
Erving's Grant, . . 354

" " " of, may make further grant for

a bridge over Deerfield River, 355

Fuel, &c., for use of government, provision for, . . 172, 452, 643

Fugitives from justice, revision of laws respecting, recommended

by Governor, ...... 624

Gates, Henry, pension granted to, for wound received at Bunker

Hill, 595

General Court, members of, their compensation established, 165, 443, 659
Geological Survey of the State, report concerning, how published

and distributed, . 168, 347, 608

" " " further appropriation for, . . 432

" " report on, copy right of, to be secured, . 623

" specimens, belonging to the State, may be deposited

with Boston Society of Natural History, . . 645

Georgia, official documents from, recommending amendments of

United States Constitution, communicated, . . 304

" propositions of, for Convention to amend United States

Constitution, disapproved by Massachusetts, . . 411 — 423

INDEX. ix

Georgia, propositions of, respecting internal improvements, disap-
proved by Massachusetts, .... 424 — 432

Governor requested to apply certain legacy to ornamenting grounds

near Lunatic Hospital in Worcester, • . 67

«* and Council authorized to appoint commissioners to re-
vise laws, ...... 103

" and Council, authorized to cause alterations at State

Prison, 130

" requested to take measures for defending Common-
wealth against legal process on the part of Rhode

Island, 164

" requested to appoint commissioner to negotiate for sale

or exchange of a strip of land belonging to State, 178

" Lincoln announces his intention to decline re-election, 300

« " his intention to decline, noticed by legislature, 492

" requested to appoint commissioners to run line between

Swanzey and Warren, &c., .... 323, 434
" requested to cause lunatic to be removed to hospital, . 326

" authorized to regulate admission into Asylum for the

BUnd, . 338,344

" authorized to cause Geological Survey to be published, 347, 608
" and Council, authorized to settle accounts of tolls of

Warren Bridge, ..... 593

" requested to promulgate 11th article of amendments of

Constitution, ...... 604

" and Council, authorized to employ an engineer to assist

in the State survey, ..... 653

" Lincoln's address on public affairs, 1833, . . 263

" Davis' inaugural address, 1834, .... 570

Governor's Messages, (for particulars, see Message) 25, 53, 57, 62, 64, 65,
105, 106, 128, 135, 145, 148, 302, 303, 304, 306, 308, 328, 330,
332, 342, 343, 351, 380, 383, 403, 408, 409, 453, 595, 597, 602,
613, 623, 624.
Greenleaf, Richard C, trustee, authorized to convey estate of cer-
tain minors, ...... 627, 628

Gray, John, guardian, authorized to release lien on certain real

estate, . . . • . . . . 97

Greenough, David S., certain estate of minor children of, may be

sold, ....... 70

" Maria F., guardian, former doings of, confirmed, . 439

" " " allowed to convey estate of cer-

tain minors, . . . 598

Guild, Reuben, administrator, may perpetuate evidence respecting

sale of real estate, ..... 307

INDEX.

Haley, John W., minor, estate of, may be mortgaged,

Harding, Nathan, allowance to, for revolutionary services,

Harrington, Joshua, a representative, allowance to, for expenses,
&c., ......

Haskell, Lois, to receive benefit of certain resolves respecting rev
olutionary soldiers, ....

Hastings, Edmund T., guardian, may convey certain real estate,

Haverhill Light Infantry Company, may have use of certain arms.

Hay, Joseph, and another, grant to, ...

Herring, Daniel, pension of, continued,

Hopkins Fund, trustees of, provisions for settlement of their claim
on tenants, &c., ....
" " settlement with trustees of, announced, .

Hosford, Stephen, authorized to sell certain estate of the Common-
wealth in Williamstown, . . . .

Hospital, (see Lunatic Hospital.)

Hubbard, Samuel, guardian, may make negotiation for sale or ex-
change of land with commissioner
on part of the Commonwealth,
" " " may convey certain real estate,

Hull, Ruth, to receive benefit of certain resolves respecting revo-
lutionary soldiers, . . . . .

Huntington, Edward B., and another, xnay convey certain real es-
tate, .......

Hutchinson, Mary, ceitain estate of, held in trust, may .be sold, .

321
131

440

620
436
353

660

160

162
270

652

178
435

601

350
651

Illinois, documents from, condemning nullification, communi-
cated, .......

Imprisonment for debt, (see Dthtor and Creditor.)
Indiana, resolutions from Legislature of, respecting militia, &c.,
transmitted, ...•••
" documents from, condemning nullification, communi-
cated, .....••

Indians, Chappequiddic, Commissioners paid for establishing di-
vision line, . • - .
« « provision for support of pauper belong-
ing to, .... 62,322,600

306

106
329

INDEX. xi

Indians, Chappequiddic, expenses of suit in behalf of, paid for, . 176

" Marshpee, certain documents concerning, communicated, 596

Ingersoll, Nathaniel, to receive back from Treasurer certain bond, 69

Insane Hospital, (see Lunatic Hospital.)
Insolvent debtors, (see Debtor and Creditor.)

Internal Improvement, documents concerning power of General
Government in relation to, from Geor-
gia, communicated, . . . 304
" " doctrine advanced by Georgia respecting,

denied, 424—432

Journal of Convention of 1780, provision for publishing and dis-
tributing, ...... 171, 445

" of Senate, allowance for preparing index of, . . 406

Judges of Probate, to be furnished with the printed laws, . 634

Knox, Mary, may convey certain real estate, . . . 380

Kuha, Jacob, pay of, as Messengerj provided for, . 163, 444, 643

I..

Lambert, William G., and another, executors, may convey certain

real estate, ...... 656

Land Agent, accounts of, settled, .... 99, 433, 637

" " authorized to sell lands in Maine, . . 136, 349, 638

" " may give new deed of land to Charles Ewer, . 144

" office, &c., provisions for enlarging, .... 169

Lands in Maine, (see Eastern Lands and Land Agent.)
Lathrop, Lora, guardian, authorized to sell certain real estate, . 110

" Samuel, and another, trustees, may sell certain real

estate, ....... 434

Laws, (Metcalf's second part of third volume) how distributed, . 100

" revision of, to be made by Commissioners, . . . 103

" publishers of, appointed, . . . . . 127

" information concerning revision of, communicated by Gov-
ernor, 272,596,623

xii INDEX.

Laws, report on revision of, to be examined by Committee of Le-
gislature, pay of said Committee established, &c., 655, 663, 665
Lazell, John A., guardian, may sell estate of certain minors, . 632

Leach, Philip, guardian, may sell estate of certain minors, . 327

Leavitt, Joseph S., allowance to, for prosecuting a criminal, . 159

Library of General Court, to be supplied with copy of Audubon's

" Birds of America," ..... 407

List of Civil Government for 1832, ..... 3

« " « for 1833, 239

« « « for 1834, 545

Lotteries, documents concerning, communicated by Govern,or, . 332

Low, John v., paid for services as assistant Messenger to Gover-
nor and Council, .... 171, 441, 645
Lunatic Hospital, information concerning its erection, condition,

&c., communicated by Governor, . 34, 36, 274, 596
" " bequest for use of, by N. Maccarty, Esq., ac-

cepted, ..... 67

« « appropriations for, . . . 170,382,637

" " certain lunatics to be removed to, . . 326, 337

" " Commissioners for erecting, paid for services,

&c., 622

Lyman, William, executor, certain sales of land by, confirmed, . 648

M..

Maccarty, Nathaniel, bequest of, for Lunatic Hospital, accepted, , 67

Maine, resolutions of, respecting tariff, &c., communicated, . 49

" documents from, respecting Canada Road, communicated, 53

" documents from, respecting N. E. Boundary, communica-
ted, 62, 128, 135, 145

" State of, allowed further time to complete Canada Road, . 69

" and Massachusetts, right of, in territory claimed by Great

Britain, asserted, ..... 76 — 97

" documents from, respecting claim on United States, com-
municated, ...... 148

" proceedings of, on question about N. E. Boundary, opin-
ions expressed concerning, .... 160

" documents from, recommending deposit of certain papers

in Land Office in Augusta, communicated, . . 343

" documents from, respecting nullification, tariff, &c., com-
municated, ...... 408

" documents from, communicated, claiming a balance re-
tained by Massachusetts from the amount received
for claims on United States, . : . . 409

INDEX.

xiu

Maine, request of, respecting deposit of papers, acceded to, . 448

" to be reimbursed certEiin expenses on account of Massa-
chusetts Claim, ..... 451

Marshpee Indians, certain documents concerning, communicated, 596

Marvel, Philip M., allowance to, for attendance before Legislatui'e, 640

Maryland, certain public documents from, communicated, . 596

Massachusetts Claim on General Government, information con-
cerning, communicated by Governor, 42, 43, 284
" " certain sei-vices in relation to, paid for, . 72

". " documents concerning, from Maine, com-

municated, . - . . , 148

" " claims of Maine respecting, communicated

to Legislature, .... 409

" " certain expenses concerning, to be refunded

to Maine, . . . . . 451

Message, on public affairs, at commencement of session 1832, . 25

" transmitting documents from Maine, relating to the Can-
ada Road, ...... 53

" recommending alterations in terms of admission to Deaf

and Dumb Asylum, ..... 57

" transmitting documents from Maine relating to North

Eastern Boundary, ..... 62

" transmitting information and documents in relation to
the boundary between Massachusetts and Rhode
Island, ...... 64

" transmitting report of Engineer for the State Survey, . 65

" informing of the resignation of Maj. Gen. J abez Hall, . 105

" transmitting resolutions of Legislature of Indiana, . 106

" transmitting documents from Maine respecting N. E.

Boundai-y. ...... 128

" transmitting further information respecting N. E. Boun-
dary, ....... 135

" communicating particulars of correspondence with Gov-
ernor of Maine respecting N. E. Boundary, . . 145
" transmitting resolutions from Maine respecting Massa-
chusetts Claim, ..... 148

" transmitting documents referred to in address at com-
mencement of session 1833, .... 302

" inforniingof Maj. Gen. Sheldon's resignation, . . ib.

" transmitting documents from N. Hampshire, respecting

nullification, &c., ..... 303

" transmitting annual return of Militia, . . . ib.

" " documents from Georgia, proposing Con-

vention of States, &c., and from Illinois
on the subject of the Militia, . . 304

xiv INDEX.

Message, transmitting documents from Illinois respecting nullifi-
cation, ..... 306

" " documents from S. Carolina, in favor of

Convention of States, . ; . 308

" " documents from N. Carolina, Indiana, and

Delaware, on various subjects, . . 328

" " accounts of Wan-en Bridge Corporation, . 330

" in relation to Lotteries, and transmitting documents con-
cerning them, ..... 332

" transmitting documents from Virginia, New Jersey, and

Delaware, on various subjects, 342

" " " from Maine, respecting deposit

of certain papers at Augusta, 343

« « report of the State Survey, . . 351

" " documents from Ohio, respecting nullifica-

tion, &c., . . 380

" " " " New York and Mississippi,

respecting nullification, 383

" returning to Senate the bill " incorporating Proprietors
of Second Baptist Meeting House in Lowell," with
objections to its passage, .... 403

" informing of the resignation of Maj. Gen. Benjamin King, 408

" transmitting documents from Maine and Alabama, re-
specting tariff", &c., ..... ib.

" transmitting documents from Maine relating to money

received on account of Massachusetts Claim, . 409

" returning to Senate the bill " in further addition to an
act for regulating, governing, and training the Mili-
tia of this Commonwealth," with objections to its
passage, ...... 453

" transmitting sundry public documents, . . . 595

" " resolutions from N. Carolina respecting Mi-

litia, ..... 597

" " annual returns, &c., of Adjutant General, 602

" " letter from President of Harvard College, 613

" communicating certain information respecting Warren

Bridge, . . . . ib.

" " report of Commissioners for revision of

laws, ..... 623

" recommending revision of laws respecting fugitives from

justice, ...... 624

Messenger of General Court, compensation of, . . 163, 444, 643

" " " to purchase fuel, &c., for govern-

ment, . . . 172,452,643

INDEX. XV

Metcalf, Matthew, guardian, authorized to convey estate of certain

minors, ...... 107

MiUtia, remarks of Governor on importance and condition of, . 43, 589

" annual return of its condition transmitted, . • 303, 602

" additional bill for regulation of, objected to by Governor, 453

Mississippi, documents from, communicated, on various topics, . 383, 596

Moljoy, Patrick, a lunatic, to be removed to State Hospital, . 337

Moody, David, guardian, may convey certain real estate, . . 156

Moore, Olive, administratrix, may convey certain real estate, . 155

New Hampshire, documents from, respecting nullification, com-
municated, ..... 303

" " documents from, respecting militia, communi-

cated, ...... 50

New Jersey, documents from, respecting nullification, communi-
cated, 342

New York, documents from, on various subjects, communicated, 383, 596
North Carolina, documents from, on various subjects, communi-
cated, 328,597

North Eastern Boundary, information and remarks concerning,

communicated by Governor, . 40, 267

« " « documents respecting, from Maine,

communicated, ... 62

" " « opinion of Legislature, respecting, ex-

pressed, . . • . 76 — 97

« " " further documents respecting, from

Maine, communicated, . . 128

« " " further information respecting, com-

municated, .... 135

" " " information as to correspondence with

Governor of Maine concerning,
communicated, . . . 145

« " " opinion of Legislature expressed, re-

specting proceedings of Maine in
relation to, . . . . 160

« " " certain documents concerning, com-

municated, .... 595

Nullification, as threatened by South Carolina, remarks of Gover-
nor concerning, ..... 290 — 299
" documents concerning, from various States, com-

municated, . . 302, 303, 306, 328, 342, 380, 383, 408

xvi INDEX.

Nullification, condemned by Massachusetts, . . . 310, 356

" documents concerning, to be bound and distributed, 646

Ohio, resolutions from, respecting nullification, communicated, . 380

Opinion of Justices of S. J. Court, respecting qualifications of

voters, ...... 228

Osgood, Isaac T., guardian, how to pay over proceeds of certain

sale, . . . . . . . 157

Parker, William, may file afiidavit respecting sale of certain real

estate, ....... 633

Parsons, Levi, authorized to convey certain real estate, . . 138

Paupers, (see State Paupers.)

Peabody, Charles, administrator, hovir to account for balance in

his hands, ...... 150

Pennsylvania, documents from, on various subjects, announced

and transmitted, .... 299, 302, 596

Pensioners, State, allowance to, . . . 160, 595, 638, 640

Perkins, Thomas H., and others, trustees, may convey certain

real estate, ...... 167

Pickering, John, trustee, authorized to convey certain real estate, 166

" " may sell estate of certain minors, &c., . . 345

Pictures, in lobby No. 7 of State House, provision for repairing

and framing, ...... 163

Potter, Allen, to have certain sum refunded to him, . . 446

President of United States, provisions for reception of, . . ib.

« " " certain expenses in reception of, paid

for, 650

Presidential Electors, form of return of votes for, prescribed, . 174

Printers to the State, accounts of, how audited, . . . 145

Public documents, better security of, provided for, . . 165

" lands of Massachusetts, (see Eastern Lands and Land

Agent.)
" " of United States, resolutions of Tennessee concern-
ing, announced and transmitted, 299, 302
" " " " propositions of Tennessee con-

cerning, disapproved, . . 470 — 491

Publishers of the laws appointed, . . , . . . 127

INDEX. xvii

Qualifications of voters, opinion of Supreme Judicial Court re-
specting, expressed, , . . . . 228
Quarter Master General's department, appropriations for, 169, 450, 666
Quincy, Josiab, Jun., trustee, authorized to change investment of

certain minors' property, .... 629

172, 642
148
151
437

607

29, 288

Rainsford Island, buildings and improvements at, paid for,
Randall, Abraham, allowance to, for revolutionary services,

" " G., may convey certain estate of his wife,

Read, George, executor, may sell certain real estate,
Reed, John, allowance to, for prosecuting counterfeiter, .
Representation, amendment of, recommended by Governor,
Representatives, not on regular pay roll, paid for attendance, ex-
penses of sickness, &c., . 56, 440, 442, 491
" House of, pay of members established, . 165, 443, 659
Revision of the laws, provisions concerning, information of pro-
gress of, &c. . . 103, 272, 596, 623, 655, 663, 665
Revolutionary Soldiers, provision for relief of, . . . 448
Rhode Island, documents from, -respecting boundary, communi-
cated, ...... 64

" " claims of, respecting boundary line, to be resisted, 164

" " suit by, on claim of boundary, Governor's remarks

concerning, . . . . - . • 266

" " boundary between certain towns in, and towns in

Massachusetts, may be run, . . . 323,. 434

Robinson, George, allowance to, for services as constable, . 339

Rolls of Accounts, audited and allowed, 73, 180, 189, 212,215, 219, 223, 497;

529, 539, 602, 669, 699, 710, 716.
Rowland, Edmund, Jun., allowance to, for expenses' of certain

prosecution, ...... 621

Sawyer, Lucy, administratrix, may sell certain real estate, . 135

Schindler, John, grant to heirs of, for revolutionary services, . 597

Schools, returns of condition of, &c., how made, for the year 1834, 658

xviii INDEX.

Secretary, authorized to warm fire-proof edifice at State house, . 348

" " to purchase Metcalf 'sedition of laws for dis-

trihition, ..... 100

" directed to cause the ancient pictures in the State house

to be repaired, .... 163

" " to take measures for preservation &c. of pub-

lic documents, .... 165

" " as to distribution of Geological Survey, . 168

" " as to copying, printing, and distributing Jour-

nal of Convention of 1780, . . . 171,445

" authorized to purchase Cobb's Manual on Silk, . 355

" directed to secure copy right of Hitchcock's Geological

Survey, ...... 623

" authorized to deposit vi^ith Boston Society of Natural

History, certain geological specimens belonging to
the State, ...... 645

" directed, with regard to blanks for school returns, ab-

stracts, &c., ...... 658

Senate, pay of members of, established, . . . 165, 443, 659

" Chamber, certain repairs in, authorized, . . . 661

Shove, Jonathan, allowance to, as member of General Court, . 442

Shute, Ebenezer, allowance to, for prosecuting counterfeiter, . 639

" " and others, allowance to, for arresting fugitive

from justice, ..... 641

Sibley, Gideon, allowance to, as Brigade Inspector, . . 632

Silk, Cobb's Manual respecting, to be purchased and distributed, 355

Smith, Mace, allowance to, for expenses in criminal prosecution, 621

South Carolina, proceedings of, respecting tariff &c., announced

and transmitted, .... 290, 302

" " documents from, recommending Convention of

States, communicated, .... 308

" " proceedingsofher convention animadverted upon, 310 — 321

" " proceedings of her convention further animad-

verted upon, ..... 356 — 379

" " proposal of, for Convention of States, animad-

verted upon, ..... 386—402

" " further documents from, communicated, . 596

Speech of Governor to Legislature, January, 1833, . . 263

Sproat, William A. F., allowance to, for services as Register of

Probate pro. tern., ...... 343

State House, information concerning repairs, &c., of, communi-
cated by Governor, .... 39

" " appropriations and allowances for repairs at, 73, 142, 177, 305,

306, 310, 344, 402, 602, 66J, 662.
" " fire-proofrooms at, may be warmed, . . 348

INDEX. xix

State Laws, revision of, to be made by Commissioners, . 103

" " publishers of, in newspaper, appointed, . . 127

" " information concerning revision of, communicated by

Governor, 272,596,623

" " final revision of, by Committee of Legislature, pro-
visions concerning, .... 655,663,665
" Lunatic Hospital, (see Lunatic Hospital.)

" Paupers, form of returns on subject of, prescribed, . * 54

" Printer, accounts of, when to be audited, . . . 145

" Prison, information concerning condition of, communicated

by Governor, . . . . — -32, 277, 596

" " provisions for altering buildings at, . . r— 130, 330^"

" " allowance to Chaplain of, . . . . ISO""""^

" Treasury, information and remarks concerning, communi-
cated by Governor, ..... 46, 281

" Valuation, report of committee in relation to, (see also Valu-
ation,) ...... Ill

" " amended and established by Legislature, . 113 — 127

Statutes, revision of to be made, (see also Revision of the Laivs,) . 103

Steele, Gurdon, allowance to, for prosecuting criminal, . . 131

Stone, John, guardian, may pej-petuate evidence respecting sale of

real estate, ...... 152

Stone, David, guardian, may sell estate of certain minors, . 323
Survey of State, information concerning, communicated by Gov-
ernor, 36,270,596

* « " reports of Engineer respecting, communicated, 65, 351, 596

« « appropriations for, . . . 102, 432, 653

•' " Geological report concerning, provisions for pub-

lishing and distributing, . . 168, 347, 608

" " Geological report concerning, copy right of, to

be secured, ..... 623

" " certain further provisions respecting, . . . 653

Sutton, William, and another, may take deed of certain land, . 346

Swanzey and Warren, in Rhode Island, boundary between, to be

marked, ...... 323

Taber, Constant, allowance to, for damage caused by discharge of

artillery, ...... 636

TariflF, remarks in Governor's Address concerning, . . 290 — 299

" report and resolves respecting, . . . 310 — 321

Taunton River, aid of General Government to remove obstruc-
tions in, requested, ..... 631

XX INDEX.

Taxes granted for the several counties, . . . 132, 325, 611

Tennessee, resolutions from, concerning public lands and internal

improvements, announced and transmitted, . 299, 302

" doctrines advanced by, respecting internal impi'ove-

ments, denied, ..... 424 — 432

" propositions of, respecting public lands, disapproved, 470 — 491

Thatcher, David, allow^ance to, for prosecuting a criminal, . 661

Third Article of Bill of Rights, amendment of, to be submitted to

the people, ...... 384

Thomas, Mary, allowance to, .... . 403

Thorndike, Charles, deceased, minor children of, may have ap-
peal from Court of Probate, .... 450

Tidd, John, guardian, may sell estate of certain minors, . . 153

Tilton, Diadania, to be supported at Asylum for Deaf and Dumb, 56

Todd, Catharine, guardian, may make certain alterations in estate

of her Vizards, ...... 644

Treasurer of Commonwealth, when to audit certain accounts, . 68, 145
" ■ " to deliver certain bond to Nathan-

iel Ingersoll, . . .69

" " authorized to borrow money, 74, 331, 610

« " rolls of accounts audited by, 73, 180, 219, 529

539, 699, 710.
Trigonometrical Survey, (see Survey of State.)

Tripp, Elizabeth, to be supported at Deaf and Dumb Asylum, . 601

Tyler, John S., guardian, authorized to convey estate of certain

minors, . . ... 133,308

« « grant to, . . . . . . 636

Valuation Committee, pay of Members and Clerk of, . . 61

" Returns, Clerks employed in preparing, to be paid, . 68

" Committee, report of, ..... Ill

" established by Legislature, .... 113 — 127

Virginia, documents from, respecting nullification, tariff, &c.,

communicated, ..... 342
Voters, qualifications of, by payment of taxes, opinion of Supreme

Judicial Court, concerning, .... 228

' INDEX. xxi

Wadsworth, Hiram, administrator, may convey certain real estate, 441

Warren Bridge Corporation, accounts of, transmitted to Legisla-
ture, .... 330

" « " accounts of, for tolls received, how

settled, .... 593

" " " information concerning, communica-

ted by Governor, . . 596, 613

Wetherby, Oliver, allowance to, for loss in contract for lunatic hos-
pital, ....... 143

White, Eliza, administratrix, may sell estate of certain minor, . 335

Whitney, George, guardian, may file affidavit respecting sale of

real estate, ...... 109

Willard, Solomon, allowance to, for making certain plans &c., for

State House, ...... 648

Withington, Thomas, grant to, for services in revolutionary war, 663

Wounded Soldiers, grants to, . . 160,595,600,607,638,640

JW S 19-37 W P

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