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

A 



RESOLVES 



THE GENERAL COURT 



Commontoealtf) of :@a0sacl)usett0. 

PASSED AT THEIR SESSION, 



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

WEDNESDAY, THE EIGHTH OF APRIL, ONE THOUSAND EIGHT HUNDRED 

AND THIRTY-FIVE. 



^ublfsljelr afltceabli* to a 3£lesolbe of tte siirteenti) SJ'inuarj, 1812. 




^' 



DUTTON & WENTWORTH, PRINTERS TO THE STATE. 



ISoston: 






1835. * 



CIVIL. GOVERNMENT 

OK THE 

eommonUiealt)) of M^^^^tfiumUUf 

FOR THE POLITICAL YEAR 1835. 



HIS EXCELLENCY 

JOHN DAVIS, ESaUIRE, 

GOVERirOR. 

HIS HONOR 

SAMUEL T. ARMSTRONG, ESQ. 

IiIEUTEITAirT GOVERNOR. 



COUNCIL, 



HON. JAMES SAVAGE, 

« HOWARD LOTHROP, 

« JAMES RICHARDSON, 

« BENJAMIN SHELDON, 

« DAVID WILDER, 

" JON ATH AN H ARTWELL, 

« CHARLES J. HOLMES, 

« LOAMMI BALDWIN, 

« ASA W. WILDES. 



EDWARD D. BANGS, ESQUIRE, 

Secretary of the Commonwealth. 

HEZEKIAH BARNARD, ESft., 

Treasurer and Receiver General of the Commonwealth. 



SENATE. 
HON. BENJAMIN T. PICKMAN, 

PRESIDENT. 



SUFFOLK DISTRICT. 

Hon. Benjamin T. Pickman, Hon. Daniel Messinger, 
Horace Mann, Henry J. Oliver, 

Franklin Dexter, John C. Gray. 

ESSEX DISTRICT. 

Hon. Jesse Kimball, Hon. Samuel Merrill, 

George Lunt, William Ferson, 

Joseph G. Waters, Jonathan Shove. 

MIDDLESEX DISTRICT. 

Hon. Nathaniel Austin, Hon. John P. Robinson, 

Daniel Shattuck, Elihu Cutler. 

Sidney Willard, 

BARNSTABLE DISTRICT. 

Hon. Charles Marston. 

WORCESTER DISTRICT. 

Hon. Charles Hudson, Hon. Samuel Mixter, 

Charles Russell, Waldo Flint, 

George A. Tufts, Charles Allen. 

HAMPSHIRE DISTRICT. 

Hon. Eliphalet Williams, Hon. Myron Lawrence. 



SENATE. £ 

HAMPDEN DISTRICT. 

Hon. George Bliss, Hon. Abel Bliss. 

FRANKLIN DISTRICT. 

Hon. Ephraim Hastings. 

BERKSHIRE DISTRICT. 

Hon. Henry Shaw, Hon. William Porter, Jr. 

PLYMOUTH DISTRICT. 

Hon. Isaac L. Hedge, Hon. John A. Shaw. 

NANTUCKET AND DUKES' DISTRICT. 

Hon. Samuel H. Jenks. 

NORFOLK DISTRICT. 

Hon. Allen Tillinghast, Hon. Theron Metcalf, 

Elijah Vose. 

BRISTOL DISTRICT. 

Hon. Benjamin Rodman, Hon. William A. F. Sproat, 
James C. Starkweather. 



Charles Calhoun, Esq. Clerk. 
W. P. Gragg, Assistant Clerk. 

Rev. Hubbard Win slow. Chaplain. 

WiNSLOw Leach, Page. 



HOUSES OF RBPRESEMTATIVES. 



HON. JULIUS ROCKWELL, 

SPEAKER. 



COUNTY OF SUFFOLK. 

Boston, Samuel Aspinwall, 

Joseph T. Adams, 
James Barry, 
Levi Bartlett, 
George Blake, 
John P. Bigelow, 
Abiier Bourne, 
James Boyd, 
Levi Brigham, 
William Brigham, 
Edward Brooks, 
Noah Brooks, 
Samuel Chessman, 
Zebedee Cook, Jr., 
Benjamin Dodd, 
John L. Dimmock, 
Samuel Dorr, 
Ezra Dyer, 
Oliver Eldridge, 
William T. Eustis, 
Alexander H. Everett, 
Stephen Fairbanks, 
Luther Faulkner, 
Benjamin Fiske, 



HOUSE OF REPRESENTATIVES. 

Boston^ Henry Farnam, 

Henry D. Gray, 
Nathan Gurney, 
Samuel D. Harris, 
Nathaniel Hammond, 

-- Joseph S. Hastings, 

Daniel Henchman, 
Thomas Hunting, 
John Knapp, 
Henry W. Kinsman, 
Henry Lee, 
William Lawrence, 
Joseph M. Leavitt, 
Joseph Lewis, 
Charles Leighton, 
Charles Lincoln, 
Winslow Lewis, Jr., 
Hugh Montgomery, 
James Means, 
Thomas Minns, 
Thomas Motley, 
George W. Otis, 
Theophilus Parsons, 
Oliver W. B. Peabody, 
James Ridgway, 
Henry Rice, 
Henry G. Rice, 
Thomas Richardson, 
Jeffrey Richardson, 
Simon W. Robinson, 
Edward H. Robbins, 
Benjamin T. Reed, 
Benjamin Russell, 
Daniel Safford, 



HOUSE OF REPRESENTATIVES. 



Boston f 



Chelsea, 



Norman Seaver, 
Thomas J. Shelton, 
William Sturgis, 
Benjamin Stevens, 
Asa Swallow, 
Robert C. Winthrop, 
Thomas Wetmore, 
Isaac Waters, 
Francis O. Watts, 
Francis B. Fay. 



COUNTY OF ESSEX. 



Amesbury, 
Andover, 



Beverly, 



Boxford, 
Bradford, 

Danvers, 



Essex, 
Gloucester, 



Thomas Weed, 
Amos Abbott, 
Solomon Holt, 
George Hodges, 
Benjamin Jenkins, 
William Johnson, Jr. 
Cotton Bennett, 
John Conant, 
Stephen Nourse, 
Nehemiah Roundy, 
John Safford, 
Moses Dorman, Jr. 
William S. Balch, 
Frederick Johnson, 
Henry Cook, 
Andrew Lunt, 
Jacob F. Perry, 
John Preston, 
Eben Putnam, 
Charles Dexter, 
John Blatchford, 



HOUSE OF REPRESENTATIVES. 



Gloucester^ 



Hamilton, 
Haverhill, 



Ipsivich, 



Lynn, 
Lynnjield, 
Manchester, 
Marhlehead, 



Methuen, 

Middleton, 
Newbury, 



Neivburyport, 



Jonathan Cutler, 
Timothy R. Davis, 
Aaron Day, 
James Harris, 
Theophilus Herrick, 
John Wonson, 
Robert Rantoui, Jr., 
David Saville, 
William Brown, 
Jacob How^, 
Jesse Smith, 
John G. Whittier, 
Leonard Whittier, 
Daniel Cogswell, 
Joseph Farley, 
Stephen Pearson, 

Joshua Hewes, 
Benjamin Leach, 3d. 
Edward Crowninshield, 
James Goodwin, 
Benjamin Lindsay, 
John S. Rhodes, 
Frederick Robinson, 
Jonathan Currier, 2d, 
Samuel H. Harris, 
Amos Batchelder, 
Daniel Adams, 3d, 
William Currier, Jr., 
John Merrill, 
Putnam Perley, 
William S. Allen, 
Charles H. Balch, 
Tristram Coffin, Jr., 



2. 



10 



HOUSE OF REPRESENTATIVES. 



Newburyport, 

Rowley, 

Salem. 



Salisbury, 
Saugus, 
Topsjield, 
Wenham, 
W. Newbury, 



Solomon H. Currier, 
William Davis, 
Ebenezer Moseley, 
Thomas Gage, 
John Kimball, 
Edward Smith, 
Charles A. Andrew, 
Holton J. Breed, 
George H. Devereux, 
Nathaniel Frothingham, 
Samuel Holman, Jr. 
John C. Lee, 
William Mansfield, 
David Moore, 
Warwick Palfray, Jr. 
William Peele, 
Dudley L. Pickman, 
David Roberts, 
William Sutton, 
Jacob B. Winchester, 
Henry M. Brown, 
Joseph Cheever, 
Jacob Towne, Jr. 
John Porter, 
Samuel Carr, 
Eliphalet Emery. 



Acton, 

Ashby, 

Bedford, 

Billerica, 

Brighton, 



COUNTY OF MIDDLESEX. 



Francis Tuttle, 



William Page, 
Michael Crosby, Jr. 
George Livermore, 



HOUSE OF REPRESENTATIVES. 



11 



Burlington^ 
Cambridge^ 



Carlisle, 
Charlestown, 



Chelmsford, 

Concord, 

Dracut, 

Dunstable, 
E. Sudbury, 
Framingham, 
Groton, 

Holliston, 

Hopkinton, 

Lexington, 



James Reed, 
Benjamin Bigelow, 
Luther Brooks, 
Levi Farwell, 
Thomas B. Gannett, 
James Hayward, 
Eliab W. Metcalf, 
Ralph Smith, 
Cyrus Heald, 
Edward Cutter, 
Timothy Fletcher, 
Charles Foster, 
David Fosdick, 
William Gordon, 
Eliab P. M'Intyre, 
John Svreetser, 
Benjamin Thompson, 
Larkin Turner, 
Alpheus Spaulding, 
Amos Whitney, 
Joseph Barrett, 
John Keyes, 
Coburn Blood, Jr. 
Life Hamblet, 

Isaac Gleason, 
Moses Edgell, 
Timothy Blood, 
John Boynton, 
Elias Bullard, 
Ebenezer H. Currier, 
Nathan Phipps, 
Samuel B. Walcott, 
John Mulliken, Jr. 



12 



HOUSE OF REPRESENTATIVES. 



Lexington, 
Ldncoln, 
Littleton, 
Lowell, 



Maiden, 
Marlborough, 

Medford, 

Natick, 
Newton, 



Pepperell, 
Reading, 

Sherburne, 
Shirley, 
S. Reading, 

Stoneham, 

Stow and Boxborous:h, 



Philip Russell, 
Charles Wheeler, 
Asa Priest, 
Kirk Boon, 
Abner W. Buttrick, 
James Chandler, 
William Davidson, 
Artemas Holden, 
John A. Knowles, 
John Mixer, 
Matthias Parkhurst, 
Alpheus Smith, 
Joseph Tyler, 
Oliver M. Whipple, 
William Wyman, 
Benjamin Walker, 

Sylvester T. Bucklin, 
Eli Rice, 
Timothy Cotting, 
Frederick A. Kendall, 

James Fuller, 
Joel Fuller, 
Elijah F. Woodward, 
William Buttrick, 
Eliab Parker, Jr. 
Timothy Wakefield, Jr. 
Calvin Sanger, 
Israel Longley, 
James Butler, 
Lilley Eaton, 
Peter Hay, 
John Gates, 



HOUSE OF REPRESENTATIVES. 



13 



Stow and Boxborough^ 
Sudbury^ 
Teivksbury, 
Townsend, 

Tyngsborous^h, 

Waltham, 

Watertow7i, 

W. Cambridge, 

Westford, 

Weston, 

Wilmington, 

Woburn. 



Joel Whitcomb, 
William Brigham, 

Elnathan Davis, 
David Palmer, 
Charles Butterfield, 

Isaac Robbins, 
Joshua Avery, 
Abram Prescott, 
Abijah Coburn, 
James Jaques, 
Oliver B. Cooledge, 
Stephen Nichols, 
John Wade. 



COUNTY OF WORCESTER. 



Ashburnham, 


Asahel Corey, 




Kilburn Harwood, 


Athol, 


Benjamin Estabrook, 


Barre, 


Samuel Lee, 




Gardner Ruggles, 




Harding P. Woods, 


Berlin, 


Joseph Park, 


Bolton, 


Caleb Wheeler, 


Boylston, 


Ward Cotton, 


Brookfield, 


Lev^is Abbott, 




Isaac Gleason, 


Charlton, 


Paul Rich, 




Jonas Tucker, 


Dana, 


Nathaniel Johnson, 


Douglas, 


Ezekiel Wood, 




Aaron A. Wallis, 



14 



HOUSE OF REPRESENTATIVES. 



Dudley^ 


Hezekiah H. Davis, 




William Hancock, 


Fitchburg, 


Enoch Caldwell, 




Levi Farwell, 




Isaiah Putnam, 


Gardner, 


Timothy Hejvvood, 


Grafton, 


Luke Leland, 




Thaddeus Read, 




Samuel Wood, 


Hardwick, 




Harvard, 


Calvin Haskell, 


Holden, 


Charles Chaffin, 




Paul Davis, Jr. 


Huhbardston, 


Silas Greenwood, 




Asa Marean, 


Lancaster, 


James G. Carter, 




Joel Wilder, 




Phinehas S. Burditt, 


Leominster, 


Carter Gates, 


Lunenburg, 


Nathaniel F. Cunningham, 


Leicester, 


Silas Earle, 




Cheney Hatch, 


Mendon, 


Lebbeus Gaskill, 




Johnson Legg, 




Emory Scott, 




Obadiah Woods, 


Milford, 


Lee Claflin, 




Rufus Thayer, 


Millbury, 


Joseph Griggs, 




Amasa Wood, 


New Braintree, 


James Bowdoin, 


Northborough, 


Joseph Davis, 


North Brookfield, 


Eli Forbes, 


Northbridge, 





HOUSE OF REPliKSENTATIVES. 



15 



Oakham^ 


William Crawford, 


Oxford, 


Earned Davis, 




Alexander De Witt, 


Paxton, 


Tjler Goddard, 


Petersham, 


Aaron Brooks, Jr. 


Phillipston, 


Lott Doane, 


Princeton, 


John Whitney, 


Royalston, 


Russell Morse, 




Arba Sherwin, 


Rutland, 


James Adams, Jr. 


Shrewsbury, 




Southborough, 


Jeroboam Parker, 


Southbridge, 


Jedediah Marcj, 




Abel Mason, 


Spencer, 


Lewis Bemis, 




Amos Brown, 


Sterling, 


Moses Sawyer, 




Samuel Sawyer, 2d. 


Sutton, 


Sumner Cole, 




Samuel Taylor, 


Sturbridge, 


Peter Belknap, 




Thomas Merrick, 


Templeton, 


Samuel Dadman, 




Artemas Lee, 


Upton, 


Benjamin Wood, 


Uxbridge, 


Joseph Day, 




Samuel Read, 


Ward, 


Miner G. Pratt, 


Westborough, 


Phineas Gleason, 


Webster, 


Charles Tucker, 


W. Boylston, 


Robert B. Thomas, 


Warren, 




Westminster, 


Josiah Howe, 




Merari Spaulding, 



16 



HOUSE OF REPRESENTATIVES. 



fVinchendon, William Brown, 

Isaac Morse, 

Worcester, David T. Brigham, 

Thomas Chamberlain, 
Alfred D. Foster, 
John Flagg, 
Thomas Kinnicut, 
John W. Lincoln, 
Samuel B. Thomas. 

COUNTY OF HAMPSHIRE. 

Amherst, Elijah Boltwood, 

Reuben Roberts, 
Ebenezer Williams, 
William Bridgeman, 
Justus Forward, 
Jonathan Olds, 
Dyer Bancroft, 
James W. Briggs, 
Jason Janes, 
Epaphras Clark, 
Samuel Ayres, 
Jonathan F. Sears, 
William Hubbard, 
Jason Stockbridge, 
William Smith, 
Elijah Hubbard, 
Daniel Root, 
Charles E. Forbes, 
Asahel Strong, 
Seth Strong, 
Solomon Stoddard, Jr, 

Norwich, Augustus Clapp, 



Belchertown, 



Chesterfield, 

Cummington, 

East Hampton, 

Enfield, 

Granby, 

Greenwich, 

Goshen, 

Hadleij, 

Hatfield, 

Middlefield, 

Northampton, 



HOUSE OF REPRESENTATIVES. 



17 



Pelham, 

Plainfield, 

Prescott, 

South Hadley, 

Southampton, 

Westhampton, 

Ware, 

Williamsburg, 
Worthington, 



Whipple Cook, 
Elijah Clark, 
Danforth Abbott, 
Ephraim Smith, 
William S. Rogers, 
Eleazer Judd, 
John Osborne, Jr. 
Thomas Wilder, 
Thomas Meekins, 
William Ward. 



COUNTY OF HAMPDEN. 



Blandford, 

Brimjield, 

Chester, 

Granville, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 



Kilborn Bates, 
Milton Boise, 
Abner Brown, 
Festus Foster, 
Lewis Collins, 
Thomas F. Plunkett, 
Noah Cooley, 
Elijah Seymour, 
Oliver Bliss, 
Theodore Sikes, 
Oliver M'Kinstry, 
Carlton Squier, 
Oren Parks, 
Cyrus Knox, 
Justin Loomis, 
Elisha Steer, 
George Ashmun, 
Walter H. Bowdoin, 
Joel Brown, 
William Child, 
Orange Chapin, 



18 



HOUSE OF REPRESENTATIVES. 



Springfield, 



Tolland, 

Wales and Holland, 

Westfield, 



West Springfield, 



Wilbraham, 



Eldad Goodman, 
Wells Southworth, 
Walter Warriner, 
Roger Harrison, 
Alfred Needham, 
Asahel Bush, 
Harvey Champion, 
Chauncy Pease, 
Hosea Day, 
Benjamin Leonard, 
Heber Miller, 
Seth Parsons, 
Abraham Avery, 
Stephen Stebbins. 



COUNTY OF FRANKLIN. 



Ashfield, 


Justus Smith, 




Judah Taylor, 


Bernardston, 


Jonathan Allen, 


Buckland, 


Amos Shepard, 


Charlemont, 


Joseph Field, 


Coleraine, 


Jonathan Johnson, 




John Wilson, 


Conway, 


Charles E. Billings, 




Darius Stearns, 


Deerfield, 


Epaphras Hoyt, 




Stephen Whitney, 


Gill, 


Hatsell Purple, 


Greenfield, 


Henry Chapman, 




Russell Hastings, 


Hawley, 


Moses Smith, 


Heath, 


Luther Gale, 


Leyden, 


Hezekiah Newcomb, Jr 



HOUSE OF REPRESENTATIVES. 



19 



Leverett, 


Eliphalet S. Darling 


Monroe, 




Montague, 




New Salem, 


Frederick H. Allen, 


Northjield, 


Job M. Dickinson, 




Thomas Mason, 


Orange, 


Hiram Woodward, 


Rowe, 


Samuel H. Reed, 


Shelburne, 


Ira Arms, 


Shutesbury, 


Willard Raymond, 


Sunderland, 


John Montague, 


Warwick, 


Lemuel Wheelock, 


Wendell, 


Amariah Sawyer, 


Whateley, 


Leander Clark. 



COUNTY OF BERKSHIRE. 



Adams, 


Stephen B. Brown, 




Evenel Estes, 




Daniel Jenks, 




George A. Lapham, 


Alford, 


Stephen M. Church 


Becket, 


Reuben Smith, 


Cheshire, 


Lyman Northup, 


Clarksburg, 




Dalton, 


Henry Marsh, 


Egremont, 


Solomon Winchell, 


Florida, 




G. Barrington, 


Charles Foot, 




Henry Loup, 


Hinsdale, 


Daniel N. Warner, 


Hancock, 




Lanesborough, 


Russell A. Gibbs, 




William H. Tyler, 



20 



HOUSE OF REPRESENTATIVES. 



Lee, 


Nathaniel Tremain, Jr. 




Asa G. Welch, 




Josiah Yale, 


Lenox, 


Caleb Belden, 


Mount Washington, 


Merritt Smith, 


New Marlborough, 




Otis, 


Willis Strickland, 


Peru, 


Elisha Rockwell, 


Pittsjield, 


Robert Campbell, 




Matthias R. Lanckton, 




Jabez Peck, 




Julius Rockwell, 




Daniel Stearns, Jr. 


Richmond, 


John L. Plummer, 


Sandisjield, 


Henry Abbey, 




Jabez Smith, 


Savoy, 


Snellen! Babbitt, 


Stockhridge, 


Daniel Churchill, 




Theodore S. Pomeroy, 


Tyring ham. 


Samuel C. Buel, 


Sheffield, 


Darius Mason, 




Levi Roys, 


Washington, 


Phillip Eames, 


W. Stockhridge, 


Martin Hendrix, 


Williamstown, 


Manning Brown, 




Reuben Eldridge, 


Windsor, 


Richard Hume. 



COUNTY OF NORFOLK. 



Bellingham, 
Braintree, 

Brookline, 



Stephen Metcalf, 
Isaac Dyer, 
Minot Thayer, 



HOUSE OF REPRESENTATIVES. 



21 



Canton, 


James Blackman, 




Michael Shaller, 


Cohasset, 


Thomas Bourne, 


Dedham, 


Daniel Covell, 




John Endicott, 




John Morse, 


Dorchester, 




Foxborough, 


Henry Hobart, 


Franklin, 




Medfield and Dover, 


Daniel C. Saunders, 


Medway, 


Paul Daniels, 


Milton, 


Jazaniah S. Ford, 




Jason Houghton, 


Needham, 


Thomas Kingsbury, 


Quincy, 


Harvey Field, 




Edward Glover, 




Thomas Taylor, 


Randolph, 


Henry B. Alden, 




David Blanchard, 




Joshua Spear, Jr, 


Roxhury, 


Cornelius Cowing, 




Nathaniel Curtis, 




Samuel Doggett, 




Jonathan Dorr, 




Isaac Davis, 




Samuel Guild, 




David A. Simmons, 


Sharon, 




Stoughton, 


Jesse Pierce, 




Martin Wales, 


Walpole, 


Trueman Clark, 


Weymouth, 


John B. Hollis, 




Lemuel Humphrey, 




Jason Pratt, 



HOUSE OF REPRESENTATIVES. 



Weymouth, 
Wrentham. 



Leonard Tirrell, 
Shem Armsby, 
John Fuller, 
David Shepard. 



COUNTY OF BRISTOL. 



Attleborough, 


David E. Holman, 


Berkley, 


Barzillai Crane, 


Dartftiouth, 


Joseph Gifford, 


1 


George Kirby, 




Henry S. Packard, 




Elihu Slocum, 


Dighton, 


David Hathaway, 




Nehemiah Walker, 


Easton, 


Elijah Howard, 


Fairhaven, 


Gideon Nye, 




Ezekiel Sawin, 




Joseph Tripp, 


Fall River, 


Philip R. Bennett, 




Job B. French, 




Anthony Mason, 




Elijah Pearce, 




Micah H. Ruggles, 


Freetown, 


Elnathan P. Hathaway, 




George Pickens, 


Mansfield, 


Schuyler Shepard, 


New Bedford, 


John H. Clifford, 




Oliver Crocker, 




Rowland R. Crocker, 




Thomas A. Greene, 




David R. Greene, 




Obed Nye, 




John Perkins, 



HOUSE OF REPRESENTATIVES. 



23 



New Bedford, Jireh Perry, 

Thomas Mandel, 

Norton, John Crane, 

Cromwell Leonard, 
Willington Kent, 
Godfrey Robinson, 

Church Gray, 
Wheaton Luther, 
George Austin, 
James Cornell, 
Francis Baylies, 
James W. Grossman, 
Lemuel Leonard, 2d, 
Allen Presbury, " 

George Walker, 
Elisha Walker, 
Westport, Christopher A. Church, 

Jonathan Davis, 
James H. Handy. 

COUNTY OF PLYMOUTH. 



Pawtucket, 

Raynham, 

Rehoboth, 

Seekonk, 

Somerset, 

Swansey, 

Taunton, 



Abingt 



on. 



Bridgewater, 

Carver, 

Duxhury, 

East Bridgewater, 

Halifax, 

Hanover, 

Hanson, 



James Bates, 
John Gushing, 
Michael Pool, 
Samuel Leonard, Jr. 
Holmes Sprague, 
Jesse Murdock, Jr. 
Gershom B. Weston. 
Ezra Kingman, 
Jabez P. Thompson, 
Thomas J. Gardner, 
Joshua Smitli, 



24 



HOUSE OF REPRESENTATIVES. 



Hingham, 


Martin Fearing, 




Zadock Hersey, 




Thomas Loring, 


_ 


James W. Sivret, 


Hull, 




Kingston, 


Seth Drew, 


Marshjield, 


John Ford, Jr. 




Edward P. Little, 


Middleborough, 


Ansel Benson, 




Andrew Haskins, 




Ethan Pierce, 




Samuel Thompson, 


North Bridgewater, 


Lucius Kingman, 




Jesse Perkins, 


Pembroke, 


Seth Whitman, 


Plymouth, 


Silvanus Harlow, 




William P. Ripley, 




Thomas Russell, 




Nathaniel Russell, Jr, 




William Thomas, 


Plympton, 


Josiah T. Ellis, 


Rochester, 


Zaccheus M. Barstow, 




Theophilus King, 


Scituate, 


Peleg Jenkins, 


Wareham, 


Silvanus Bourne, 




Darius Miller, 


West Bridgewater, 


Ellis Ames. 



COUNTY OF BARNSTABLE. 



Barnstable, 



Henry Crocker, 
David Hinckley, 
Nathaniel Hinckley, 
Zenas Weeks. 



HOUSE OF REPRESENTATIVES. 



25 



Brewster^ 


Albert P. Clark, 


Chatham, 


N Joshua Nickerson, 




Freeman Nickerson, 


Dennis, 


Seth Crowell, 




Oren Howes, 




Jonathan Nickerson, 


Eastham, 


David C. Atwood, 


Falmouth, 


Ward M. Parker, 




Elijah Swift, 


Harwich, 


Samuel Eldridge, 2d, 




James Long, 


Orleans, 


Elisha Cole, 




Elisha Hopkins, 


Provincetown, 


John Atkins, 




Enos Nickerson, 


Sandwich, 


Benjamin Burgess, 




Russell Freeman, 




Abram Nye, 


Truro, 


Ebenezer L. Davis, 




Joshua Small, 


Wellfieet, 


Amaziah Atwood, 




Thomas Holbrook, 2d, 


Yarmouth, 


David K. Akin, 




Oliver Hallet. 



DUKES' COUNTY. 



Chilmark, 
Edgartown, 

Tisbury, 



Ephraim Mayhew, 
Timothy Dagget, 
Leavitt Thaxter, 
David Look. 



4 



26 HOUSE OF REPRESENTATIVES. 



COUNTY OF NANTUCKET. 

Nantucket, David Baxter, 

George M. Bunker, 
Jonathan C. Briggs, 
Thaddeus Coffin, 
William R. Easton, 
Rowland Hussey, 
William Jenkins, 
Seth Pinkham, 
William Watson. 



LUTHER S. CUSHING, Esq. Clerk. 



n^^' T-i* CI 'r-i ? Chaplains. 

Rev. E. S. Gannett, ) ^ 

Jacob Kuhn, Messenger to the General Court. 

Elijah W. Cutting, Assistant Messenger. 

Orlando Pitts, Page. 



RESOLVES 

OF 

THE GENERAL COURT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED AT THEIR SESSION, 



WHICH COMMENCED ON WEDNESDAY, THE SEVENTH OF JANUARY, AND END- 
ED ON WEDNESDAY, THE EISHTH OF APRIL, ONE THOUSAND EIGHT 
HUNDRED AND THIRTY-FIVE. 



GOVERNOR'S ADDRESS. 



Representatives' Chamber, January 13, 1835. 

At a quarter past 12 o^ clock, noon, the Senate and House 
having assembled in Convention, His Excellency the 
Governor came in, preceded by the Sheriff of Suffolk, 
and attended by His Honor the Lieutenant Governor, 
the Honorable Council, and the Secretary, Treasurer, 
and Adjutant General, and delivered the following 

ADDRESS : 

Fellow-Citizens of the Senate, and 

of the House of Representatives : 

In May, 1634, the freemen of the colony of Massachu- 
setts, finding it inconvenient to assemble to transact the 



28 GOVERNOR'S ADDRESS. 

legislative and other business of their small, though wide- 
ly scattered community, by common consent of the towns, 
appointed deputies to act for them, who met for that pur- 
pose at Cambridge, and this was the first organization of 
a representative body within the territory of the Common- 
wealth, and the second on this Continent. 

The people, having become jealous of the magistrates 
who had hitherto exercised such authority as the exigen- 
cies of a new Colony in their judgment demanded, the 
deputies, before they proceeded to the choice of magis- 
trates, passed resolutions defining the authority of the 
General Court, claiming for the people a greater share of 
political power than the magistrates had accorded to them, 
and asserting the right to trial by jury. 

In adopting these fundamental principles, they followed 
their own inclinations, their own resolute determination to 
render themselves secure by holding the power in their 
own hands, rather than any provisions contained in the 
Colonial Charter. 

By this organization of the government, the people chose 
the public officers, appointed the magistrates, made the 
laws, and provided for their execution. 

In this House, thus summarily constituted, and both 
claiming and exercising legislative and judicial power, 
co-extensive with the necessities of the public, was nour- 
ished that lofty spirit of independence, that ardent attach- 
ment to liberty, that fervid patriotism and wise circum- 
spection, which were signally displayed through the 
whole legislative history of the Colony and Province. 

There the sentiments of the people were concentrated 
and their feelings made public. There they resisted all 
encroachments of royal prerogative, all attempts to bow 
their necks to the yoke of political slavery. There, under 
the impulse of popular ai'dor, the solemn resolution was 



GOVERNOR'S ADDRESS. 29 

taken to gird on the sword and strike for liberty. The 
blow that severed the ties that bound us to another, and 
made us an independent people was struck by their au- 
thority, under commissions that bore their seal. 

Two hundred years have passed away since this res- 
olute band of patriots left their axes and their ploughs, 
and gathered together in the neighboring town of Cam- 
bridge, and published this bill of rights, which has 
since been modified but not repealed. The Halls of this 
body in that period have been honored by a succession 
of illustrious men who now repose with the dead ; but 
their names live, and will live, for their bright example 
will allure generations yet unborn along the path they 
trod. 

The House of Representatives is dedicated to the ser- 
vice of the people, and is the sanctuary of their liberties. 
All who are here, stand on consecrated ground, occupy- 
ing the places that have been held by the great and the 
good, and are bound by the most solemn obligations to 
perpetuate the principles they established. 

When we thus look back and see who have adorned 
these councils, and what extraordinary results have been 
produced by unfaltering perseverance, we feel how sa- 
cred and honorable a seat here is ; and how great our 
obligations are to God who filled their hearts with courage 
and wisdom. 

While I thus advert to the duties of legislators, fellow- 
citizens, I am not unmindful of the heavy responsibilities 
which devolve on me. These reflections serve to in- 
crease the distrust which I never cease to feel of my 
ability to do justice to public expectation by an appropriate 
and useful discharge of my duty. Like yourselves, I 
stand in a place which has been filled by many illustrious 
and wise men, and it will be my earnest endeavor not to 
diminish the honor and respect they acquired for it. 



30 GOVERNOR'S ADDRESS. 

As it has been the pleasure of the people so far to ap- 
prove of the administration of the past year as to confide 
it to the same hands again, I cannot better requite that 
confidence than by spreading before them a plain but full 
account of public affairs, so far as they have fallen under 
my observation. 

The finances of the State claim the first consideration, 
the details of which will be communicated by the Treas- 
urer, who considers the resources of the Commonwealth 
to be sufficient to meet the demands upon the Treasury 
for the ensuing year. The funds have been derived as 
follows, during the past year : — 
Balance in th*^, Treasury on the first of Jan- 
uary last, ^52,873 34 
Tax on Sales at Auction, 41 ,655 35 
Tax on Banks, 294,452 10 
Interest on the funds received from the Uni- 
ted States in part for military services and 
disbursements during the late war, 14,050 00 
Proceeds of the sales of Public Lands, 50,253 55 
All other sources, 9,556,96 



^462,841 30 
The expenditures during the same period have been as 

follows : — 

For the support of government, other than the 
pay of Councillors, Senators, and Repre- 
sentatives, 67,591 64 

For the pay of Councillors, Senators and 

Representatives, 105,313 00 

For the support of paupers, embracing some 

payments to the Sheriffs, Coroners, &c., 66,065 96 

For balances due to the several Counties, 37,819 30 

For Adjutant General and Quartermaster 

General's Department, 2,500 00 



GOVERNOR'S ADDRESS. 31 

For Agricultural Societies, Asylums for deaf 
dumb, and blind persons — for Hospitals 
at Worcester and Rainsford's Island, pen- 
sions and gratuities for Soldiers, . 42,535 26 

For public printing, repairs of State House, 
interest on loans, survey of the State, and 
many other disbursements made under 
laws and resolves, 40,755 25 

Balance in the Treasury on the first of Jan- 
uary, including ;^ 10,268 60, derived from 
the Warren Bridge and not available, 96,429 49 



P59,009 90 
With the exception of some small disbursements, the 
amount of which is not before me, the above presents 
an accurate statement of the financial operations during 
the last year. 

By analyzing the details as exhibited by the Treasurer, 
it will appear, that ^101,000 have been applied almost 
exclusively to charitable purposes — that ^105,313 were 
absorbed in paying the Councillors, Senators and Repre- 
sentatives — that it has required about ^80,000 to sustain 
the Judicial Tribunals, and a due administration of crimi- 
nal law, and that the residue has been disbursed to pay 
the salaries of other public officers, to support the militia, 
and in compliance with various laws and resolves. The 
charities consist chiefly of provisions for the support of the 
poor who have no settlement — of those bereft of their 
understanding — for the education of the destitute deaf 
and dumb and blind — and for pensions and gratuities to 
soldiers. 

The resources of the Treasury will hereafter be dimin- 
ished to the extent of the appropriations made to estab- 
lish a school fund by a law of the last session of the Leg- 
islature. 



32 GOVERNOR'S ADDRESS. 

It is nevertheless believed, that, by a prudent manage- 
ment of the remaining revenue, there will be no occasion 
to burden the people w^ith a tax. This must, however, 
depend on the Legislature, as the revenue is not disbursed 
under executive discretion, but by the provisions of law, 
which are imperative upon those by whose authority pay- 
ments are made from the Treasury. 

While the Commonwealth is distinguished for its hu- 
mane policy in providing with great liberality for the 
destitute, the infirm and the afflicted ; while the people 
justify appropriations for the relief of the needy, the 
insane, the blind, the deaf and the dumb, they exact a 
rigid account of all expenditures, and will not patiently 
tolerate any that are unnecessary. 

It is therefore due to public sentiment, that a just 
system of economy should be observed, by retrenching 
expenses that the public exigencies do not demand, and 
by maintaining reasonable limits to such as are necessary. 

If this rule of policy is observed, the public will cheer- 
fully acquiesce in it ; for whatever burdens are necessary 
to sustain our free institutions will be unhesitatingly as- 
sumed by the people. 

Connected with the finances of the State is the dispo- 
sition made of the public lands, for they have been chiefly 
considered as a source of revenue. During the past year 
sixteen thousand acres have been sold for ^25,350 91-100. 
The agent reports that the demand for them has been 
less urgent than during the preceding year, owing to 
causes which will have no abiding influence upon the 
value or future demand. 

He has also, under the resolve of March 27, 1 833, con- 
veyed to soldiers of the Revolution, who have established 
their claims, seven thousand eight hundred acres, and 
others entitled to like gratuities, are waiting for a further 



GOVERNOR'S ADDRESS. 33 

appropriation to such uses, before conveyances can be 
made. 

The great and increasing value of this public property 
justifies, in the opinion of the agent, a survey into smaller 
tracts than hitherto, and a more careful examination of 
the quality of the land and timber, for the purpose of 
determining with greater accuracy its value, and he and 
the agent of Maine, have directed by way of experiment, 
a township to be surveyed in this manner. 

The question respecting the boundary between the 
United States and the Province of New Brunswick is still 
open, and I have no information which justifies the belief 
that any actual progress has been made towards an ad- 
justment of the controversy. 

It will, however, give the people great satisfaction to 
learn from a communication from the agent, that in his 
late visit to the territory in dispute, he accidentally met 
the British agent, and afterwards had an interview with 
the Lieutenant-Governor of the Province, from whom he 
received voluntary assurances of a disposition to prevent 
all intrusions while the jurisdiction remains unsettled. 

They will also learn more distinctly, from certain let- 
ters communicated to me by the late Secretary of State 
of the United States, the character and office of the per- 
son denominated Warden of the territory, and that such 
appointment was made with the approbation of the Presi- 
dent of the United States. These letters also contain 
friendly assurances with explanations of the seizure of 
timber, by which it appears the funds arising from the 
sales of such property are now reserved to follow the 
jurisdiction when it shall be determined. There is, there- 
fore, reason to hope the subordinate causes of controver- 
sy will subside, while the great question of boundary is 
pending. 

5 



34 GOVERNOR'S ADDRESS. 

The banks are connected with the Treasury as a prin- 
cipal source of revenue in the Commonwealth. 

By an abstract, showing their condition on the first 
Saturday of May last, it appears that the capital stock 
paid in was ^29,409,450, which has been some increased 
since. The bills in circulation amounted to ,^7,650, 146. 
Gold and silver on hand, to ^1,160,296. 

A return, under the law of last session has been made 
for the first time, of the condition of the Institutions for 
Savings, by which it appears that twenty-two corpora- 
tions of this description are in successful operation — that 
the number of depositors is twenty-four thousand two hun- 
dred and fifty-six — the amount deposited, ^3,407,773 
90 — the amount of dividends for the year, ;|^ 138,576 53 — 
and the whole expense of conducting the establishments, 
^10,968 67 during the same time. The report of the 
Secretary of State will show that these returns are not in 
exact conformity to the statute, but furnish substantially 
the information required. 

These institutions, as far as my observation has ex- 
tended, are efficient moral agents, as they invite and en- 
courage habits of economy which often induce to the 
practice of temperance and virtue. 

The Banks continue to enjoy public confidence by 
furnishing a sound circulating medium. That they might 
be better adapted to the purposes for which they are 
designed, does not admit of a doubt, but it is obviously 
wiser to amend than to destroy the system. 

The Warren Bridge Corporation, instead of surrender- 
ing the bridge to the Commonwealth, gave satisfactory 
bond, obligating themselves to do and perform those 
things required by law in case they should continue to 
manage the affairs of the bridge. In conformity with the 
terms of the bond, they have exhibited their accounts up 



GOVERNOR'S ADDRESS. 36 

to the first of this month, and have on hand the sum of 
^5,423 44, which, with what was before placed in the 
Treasury makes ;^ 15,3 17 49, to wait the decision of the 
case now pending in the Supreme Court of the United 
States. The corporation have expressed great anxiety 
to hasten this decision as much as possible, that the pub- 
lic may be relieved from all uncertainty, but one unfortu- 
nate circumstance after another has occasioned delays 
which could neither be foreseen or averted. 

The State Prison at Charlestown is in a condition 
that will afford great satisfaction to the public. 

The convicts are well fed and comfortably clothed and 
lodged. The prison is so thoroughly ventilated and 
cleansed, that although occupied by 277 convicts, yet the 
atmosphere seems as pure as that of a private house. 
The prisoners are therefore generally in firm health, and 
capable of active exertion. 

The system of discipline is simple and humane, being 
chiefly moral instead of physical, and is exceedingly effi- 
cacious. A cell is assigned to each prisoner, and there 
he eats, drinks, sleeps, and spends all his time, except 
during the hours of labor. His only companion and com- 
forter is the bible, for he is restrained from all intercourse 
except with the officers. Those who work at the same 
bench, or hammer upon the same stone, have no commu- 
nication, and do not know the names each of the other, 
unless by accident or stealth when the watchful eye of the 
superintending officer is turned from them. 

The whole system resolves itself into cleanliness, labor 
and absolute nonintercourse. Experience proves that 
this solitary life is the most efficient corrective of vice, 
that has ever been employed in the prison. Nothing sub- 
dues the hardened offender like withdrawing the aliment 
upon which his mind has been nursed- — like removing the 



36 GOVERNOR'S ADDRESS. 

exciting causes which nourished vice by intercommunica- 
tion — like silencing the merry song — the ribald jest — the 
narrative of past exploits and the hopes excited by plans 
of future adventure — like leaving the culprit to himself, to 
dwell upon his agonizing reflections — to taste the bitter- 
ness of remorse, and to feel the stings of his own accus- 
ing conscience. These are the appeals to the sinner in 
his lonely cell, and the most obdurate cannot resist them, 
for they sink deeper, and make more abiding impressions, 
than the most cruel stripes or the severest tortures. 

The workshop under this system becomes a place of 
recreation, for it is an escape of the culprit from himself, 
as it diverts and employs the mind. There is, therefore, 
a surprisingly active zeal in the laboring departments, 
which is scarcely surpassed in the best regulated private 
shops. A subdued spirit is every where obvious, and a 
consequent acquiescence in the regulations of the prison. 

The influence of the Chaplain, with whom the prison- 
ers have free intercourse, is most salutary. His private 
admonitions and advice are regarded with great respect, 
and his public teachings are listened to with becoming at- 
tention and sobriety. 

If the state of the prison proves that the officers have 
been diligent and faithful in discipline, the state of the 
finances furnishes as gratifying evidence that they have 
not been remiss in their attention to the interests of the 
Commonwealth. The proceeds of the labor have during 
the past year defrayed all the expenses, including repairs 
and the salaries of officers, leaving a balance in the treas- 
ury of ^7,646 28. Such is the result of a system of dis- 
cipline, from which the aggravated cruelties formerly 
practised, are wholly banished, and may we not hope that 
virtue will yet triumph over vice, in the most incorrigible 
offender ? 



GOVERNOR'S ADDRESS. 37 

The reports of the several officers, which are full of in- 
terest, will be laid before you, by which you will learn 
that further legislation is desired. The reasons for this 
are so fully and clearly set forth, that it is unnecessary to 
enlarge upon them. 

The State Lunatic Hospital at Worcester, during the 
past year, has been in successful operation, and most, if 
not all the benefits anticipated, have been realized from 
this distinguished public charity. 

The institution is the receptacle of that class of mani- 
acs who have hitherto been destined to imprisonment in 
the common jails, because of dangerous madness. 

Those who have entered the prisons and seen some of 
those miserable beings, shut up like wild beasts, naked 
and chained to the pavement — raving at the echoes of 
their own bitter wailings — chilled at one moment with 
horror, and perspiring the next with agonies that could 
only be borne because the victim was unconscious of their 
aggravation, can turn their eyes upon the institution with 
unspeakable gratitude, and feel that the noblest attribute 
of human nature has called it into existence. 

Here, many of the same individuals, if they have not 
been cured, are restored to intellectual tranquillity. The 
clank of their chains and their frantic cries are no longer 
heard : their clothes are no longer torn from their persons, 
nor are they the victims of their own fury ; but live in 
a quiescent state, enjoying their food, sleep and recrea- 
tion in company with other inmates. Such has been the 
effect of affectionate treatment and judicious attention, 
coupled with other remedial measures. It has so far se- 
cured their confidence that most of them have dismissed 
the fears and apprehensions which before tortured them. 

May the blessing of Heaven rest upon this charity ; for 
the State has provided for those bereft of the power to 



38 GOVERNOR'S ADDRESS. 

provide for themselves. It has had mercy on those who 
were incapable of alleviating their own sufferings. 

As personal freedom is the highest and most precious 
civil right, it should not be abridged for light causes. It 
is worthy of consideration whether a citizen shall be de- 
prived of his liberty by a judgment of Court, without the 
intervention of a jury. This right is of higher importance 
than the title to property, and yet that is esteemed too 
sacred to be decided without the right to such an appeal. 
Ought then a citizen to be confined in this institution by 
a judgment of Court unless it is founded on the verdict 
of a jury ? 

The interesting reports of the Trustees, the Treasurer 
and the Superintendent, wall all be laid before you. 
They furnish such a full account of the prosperous condi- 
tion of the institution, of its deficiencies, and the further 
aid which the officers deem essential to render it more 
complete and useful, that the subject demands no further 
exposition from me. 

I was unable to lay before the people at the last ses- 
sion any useful information respecting the claim of the 
State upon the United States for military services and 
disbursements during the late war, because the papers 
were then under examination at the Department of War. 
That examination is now so far matured, that its present 
condition may be understood. 

The amount paid out of the Treasury of the Common- 
wealth to the troops, and for the necessary expenses of 
the war, was ^843,349 60. The accounts were settled 
by a committee of great experience, called the Board of 
War, in conformity to the laws of the State, and the laws 
and regulations of the United States, as they then exist- 
ed, and were understood. The proofs and vouchers, 
consisting of a great mass of documents, w^ere, without 



GOVERNOR'S ADDRESS. 39 

reserve, transmitted to Washington in 1815, for examina- 
tion and allowance by the United States, in whose be- 
half these expenditures had been made, and there they 
remained, held in the custody, and disposed of at the 
will and pleasure of the Executive and the Officers of 
the Department of War, until 1 830, when, as the Execu- 
tive had refused to allow any portion of the demand, be- 
cause of a controversy between him and the Governor of 
the Commonwealth, as to the constitutional duty of the 
latter. Congress interposed, and passed a law requiring 
the Secretary of War to settle and allow the claims, in 
all cases where " the troops were called out to repel ac- 
tual invasion, or upon well founded apprehension of in- 
vasion," and appropriated for that purpose the sum of 
#430,748 26. 

This sum was inserted in the law, because the papers, 
by order of the House of Representatives in 1827, had 
undergone an exparte examination in the Department of 
War, no agent of the Commonwealth being present to 
make explanations or to remove obstacles, and after dis- 
allowing or suspending all items against which any ob- 
jection, however trivial, could be found, and also all items 
which depended on the special sanction of the Secretary 
of War, and deducting the amount thus obtained, which 
is nearly a moiety of the whole, a balance of #430,748 26 
remained so well fortified, as to resist the ingenuity of 
Clerks, and to stand the test of all the complex rules and 
laws enacted in the War Department and approved by 
the Executive. 

This amount was understood to stand clear of all ob- 
jections except those taken by the President to the con- 
duct and sentiments of the Governor, and it only remain- 
ed for Congress to remove this obstacle. In order to ac- 
complish it effectually, the law commands the Depart- 



40 GOVERNOR'S ADDRESS. 

ment of War, to observe in the settlement, the rules con- 
tained in it, which are identical with those which had 
been observed in settlements with the other States ; thus 
placing the Commonwealth upon the same footing as 
other States. 

The then Secretary of War, after mature deliberation, 
and a careful examination into all the facts, (for Massa- 
chusetts has never been indulged with favor,) decided that 
such was the true interpretation of the act, and that all 
the troops called into the public service by the State, and 
charged to the United States, came within its provisions. 
He therefore, after deducting a small sum which had 
been previously advanced to the State, paid over the bal- 
ance of the appropriation. This balance was in part a 
payment of all the troops for it was made up of charges 
for every service. 

These circumstances prove clearly that Congress in- 
tended to end the controversy which had arisen between 
the President, as Commander of the Militia of the Uni- 
ted States, and the Governor, as Commander of the Mi- 
litia of the State, by placing the claim upon the same 
footing as if no conflict of opinion had existed. 

The Secretary of War so considered it, and much to his 
credit, promply met and carried into execution that in- 
tent, as far as the appropriation extended ; but as it was 
exhausted by the items against which no objection in 
form could be discovered, he declined examining the resi- 
due on the ground that if any thing should be found due, 
he had no means of making payment without a new ap- 
propriation. 

Here the claim rested until the present incumbent as- 
sumed the duties of Secretary of War, when he was 
invited to examine the residue of it, that Congress might 
the better understand how much to appropriate in dis- 



GOVERNOR'S ADDRESS. 41 

charge of it, but he considered the decision of his pre- 
decessor as irreversible, according to the rules of the 
Department. 

To avoid these objections, the House of Representa- 
tives again interposed, and passed a resolution, instruct- 
ing the Secretary of War to proceed and ascertain, if 
any further sum w^as due to Massachusetts upon the prin- 
ciples of settlement contained in the act of 1830, and to 
make report. 

A long interval again occurred before the Secretary 
found himself able to resume the examination, and in the 
mean time there was considerable discussion between 
him and the agent of the State, as to the manner and ex- 
tent of the examination ; the one contending it should be 
open and liberal, the other intimating that it should be 
limited to such matters only as had not been actually dis- 
posed of in the exparte adjustment. 

The Secretary in the end, concluded to revise that 
portion of the account called in the former analysis 
" Miscellaneous " (which had in truth only been classed) 
amounting to ^240,000, and while that was going for- 
ward to hear what might be urged in favor of certain 
portions which had been deemed inadmissible. 

In pursuance of this decision the account was taken 
up, and the items making the ^240,000 have been stat- 
ed with the objections noted against each. Copies of 
this analysis, for which I am indebted to the courtesy of 
the Secretary of War, will be laid before you, that the 
people may be informed of the embarrassments, obsta- 
cles and refinements upon evidence, which must be over- 
come before a plain account can be allowed, and also 
that the legislature may, if deemed advisable, make some 
provision to remove these obstacles. 

The claims of the several States upon the public 
6 



42 GOVERNOR'S ADDRESS. 

Treasury, at the close of the war, amounted to many 
millions of dollars, and the first matter which fills the 
mind with surprise is, that, in a government like ours, 
which professes to regulate public affairs by laws, which 
are in fact the public will, in contradistinction to the dis- 
cretion or will of public officers, there should be so few 
and utterly inadequate legal provisions in relation to the 
adjustment of such claims. The discretion of the Execu- 
tive has been allowed to take the place of law, and conse- 
quently, under the name of rules, laws have been made 
from time to time, to suit the convenience or policy of the 
Department, until the modes of doing business have be- 
come so intricate, the evidence required so involved by 
prescribed forms and unpublished and almost unknown 
regulations, that none but tacticians can thread the ave- 
nues to the Treasury. 

There can be no reasonable objection to suitable and 
appropriate guards against imposition, but such regula- 
tions ought to be public, that they may be a rule of con- 
duct for all who are to be affected by them, and not ex- 
post facto, like much of the legislation of the Department 
of War. They should not be unnecessary or vexatious 
in their application, and not made for particular cases, but 
for the public good. 

A single voucher covers the pay, the forage, and other 
allowances to a Major General of the Militia, and his 
receipt at the bottom is the evidence of payment made 
by the State. His pay with that of the troops under his 
command, is allowed ; the books, records and accounts 
all shew that he was in camp on daily duty, and the for- 
age charged is less than the law allows to his grade. 
Is it reasonable to reject such a claim for forage, be- 
cause the officer has not certified that he kept a horse to 
consume it ? Is it to be presumed that such an officer 
does his duty on foot, contrary to all experience ? 



GOVERNOR'S ADDRESS. 43 

The Adjutant General of the Commonwealth gives to 
the Treasurer a receipt in which he acknowledges having 
received a sum of money to defray the legal charges of 
sundry Court Martials which are specified as being held 
in the service, for the trial of certain officers. Is it rea- 
sonable to demand proof that a Court was detailed and 
assembled, or ought some trust and confidence to be placed 
in these high officers, who acted under official responsi- 
bility, as well as those who allowed the claim against the 
State ? 

A sick soldier authorizes his friend to receive from the 
State what is lawfully due to him. There is no doubt 
about his claim, and it is paid, for the roll is regularly au- 
thenticated. This payment is acquiesced in for twenty 
years. Is it reasonable to disallow it because there is no 
power of attorney on file authorizing the friend to receive 
the money ? 

If an officer has charged in his account stationary, and 
no more than the law allows to him, is it reasonable, after 
such a claim has been settled by the officers of the State, 
to demand proof that the claimant used and paid for the 
stationary ? 

This however is the character of a large portion of the 
objections which every where pervade the analysis; though 
it ought at the same time to be admitted that many of 
them are more reasonable and many of them less so. 
These vexatious requirements bear a much stronger re- 
semblance to the sharpened wit of an avaricious litigant, 
than to the high minded honest debtor, who scorns to de- 
lay or wrong his creditor. 

Let it be forever remembered that the people of this 
State disbursed this money from their own Treasury to 
defend the country, when the United States, on whom 
the duty devolved by the Constitution, were unable to do 



44 GOVERNOR'S ADDRESS. 

it — that nothing was advanced except when deemed in- 
dispensable for the public service — that they now demand 
simply to be restored to what they thus advanced — and 
that twenty years have elapsed since the debt accrued, 
because the Executive of the United States, and the offi- 
cers under him, have the power to dispose of the matter 
according to their good pleasure. 

Is not a system of accountability which admits of such 
delay highly objectionable r Is it right to leave a state in 
such cases without any remedy, though she may have dis- 
bursed millions ? Is it becoming a people who have pour- 
ed out freely their blood and their treasure in defence of 
the country, to litigate their claims before a clerk of the 
Department of War ? Ought they to be required to ap- 
pear and intreat before a servant of the inexorable debtor 
himself, who may turn a deaf or an open ear to supplica- 
tions as may best suit the policy of his master ? Does it 
accord with our views of reciprocal rights and exact jus- 
tice, that this debtor should hold the balance in his own 
hand, and be judge and jury in his own case, with his own 
will for a rule of conduct ? Where such extraordinary 
power is held, it will be exercised partially and oppressive- 
ly, for discretion is as pliable as the human mind, and is 
armed with the vigilance of ])rejudice towards one, while 
it surrenders itself to the will of another. 

If Massachusetts had been allowed the common privi- 
leges of a creditor, if she had been suffered to appeal to 
an independent tribunal, if she had possessed the humble 
right of appearing before a disinterested jury of freemen, 
instead of intreating before an officer of a Department 
who breathes the atmosphere of Executive favor, is the 
organ of presidential opinions, and responsible to no other 
authority, her claims would long since have been decided 
for or against her, and she and other states would have 



GOVERNOR'S ADDRESS. 46 

been saved from the degradation of seeking favorable 
opportunities to solicit for justice, when the selfish feel- 
ings of those in power may contribute to aid such claims. 
An utter denial of reinbursement by a prompt decision of 
an impartial tribunal would be infinitely preferable to the 
present uncertain, dangerous mode of liquidation. If a 
member of the Confederacy has by her conduct forfeited 
her claim to remuneration, let it be so decided upon a fair 
hearing and upon a just application of known and fixed 
principles, and then the public mind will cease to be agi- 
tated ; but as things now are, it is kept in a ferment as 
long as there is hope, and hope will never expire until 
presidential elections cease. 

It is time independent States were relieved from this 
humiliation and this absorbing Executive influence, by the 
adoption of some more safe and suitable legal provisions 
for the adjustment of such claims. The system as it 
exists, if system it can be called, is fitted for oppression 
and injustice. Georgia was delayed some thirty years, 
but in the end obtained from Congress what was denied 
by the Executive. Massachusetts has been postponed 
twenty years, and other States have claims unrequited, 
and perhaps none, unless some member of the Union 
specially favored, has ever been reimbursed fully for 
monies expended in the war in behalf of the United 
States. 

Is a claim for expenditures, paid out of a State Treasury 
for the defence of the country while an enemy is threat- 
ening our lives and destroying our property, suitable mat- 
ter for sharp adjustment ? Does it become the United 
States to shelter themselves behind subterfuges and 
cavils ? To refuse to pay for the services of a gallant 
officer who rushed to the rescue of his country's honor 
when she was invaded, because the number of men col- 



46 GOVERNOR'S ADDRESS. 

lected upon such an emergency was less than a command 
for one of his rank ? To cut out of the claim the charges 
made and certified by town officers for rations, straw, 
ftiel, &c. furnished by towns, to make the soldiers com- 
fortable, because the vouchers are not in exact conformity 
to rules since established ? To refuse to allow for muni- 
tions of war prepared for general defence while an enemy 
was assailing the coast, because they were not prepared 
for, and used by troops in the service at the time they 
were provided ? Yet if the accounts of other members of 
the confederacy have been subjected to the same ordeal 
as those of Massachusetts, what State has not been 
wronged by the interposition of such refinements ? What 
State after paying the money out of her treasury has not 
been forced upon heavy sacrifices by being thus compelled 
to assume the burdens of the United States. 

If individuals were to deal thus with their benefactors, 
they would be condemned as unjust and ungrateful. 

This comes of having a debtor who entrenches himself 
behind his own power, and after a debt is incurred, settles 
it at his leisure and upon his own terms. Defective and 
harsh laws lie at the bottom of this system of wrongs, and 
it is a duty Congress owes to the people to place this 
whole matter upon a different footing, for wholesome laws 
are better suited to the genius of our government than 
defective laws amended and supplied by Executive dis- 
cretion. 

It is not my purpose by these remarks to censure the 
conduct of any individual, or to condemn those who now 
administer the government, more than their predecessors, 
for they have only continued, under the justification of 
precedent, abuses that before existed, nor is it my purpose 
to touch or discuss the original cause of controversy be- 
tween the President and Governor, for this was put to 
rest by the act of 1 830. 



GOVERNOR'S ADDRESS. 47 

It is the system of which I complain, because it is 
founded in error, is capable of great abuse, and will always 
be found to work great injustice. 

The regulations which are brought to bear upon such 
claims, have grown up gradually and apparently without 
a consciousness of their offensive character. The duties 
and obligations of the militia ought to be better defined, 
and claims for their services placed upon an entirely dif- 
ferent basis ; for states that have or shall pay out their 
money for the public defence, will never be satisfied to be 
denied reimbursement in whole or in part, by an Execu- 
tive mandate. 

The Secretary of War has now brought his examina- 
tion to a point where explanations and additional evidence 
must be offered, as far as it is expedient so to do. I can- 
not prevail on myself to believe that many of the objec- 
tions now raised will be insisted on, nor will I suffer 
myself to resign the hope that Massachusetts and Maine 
will, in what remains to be done, be considered as stand- 
ing upon as favored ground as their sister States. The 
law of Congress cannot reasonably be otherwise inter- 
preted ; and it remains to be seen whether the officer now 
at the head of the war department, like his predecessor, 
will give it that construction. The correspondence which 
will be communicated does not look as flattering as I could 
wish, but I as yet see no occasion to despair. 

The Legislature will now be in possession of the whole 
information in this department, and it is for them to decide 
whether further legislation is expedient. I have felt it a 
duty I owe to the State to make this full exposition of the 
condition of the claim, and to complain that such vast 
power, so liable to abuse, should be deposited where 
neither the constitution nor the safety of our institutions 
justifies its being placed. That Executive who has it in 



48 GOVERNOR'S ADDRESS. 

his power to reimburse or deny to a State a million of 
dollars, holds a pernicious influence over it. As the 
original cause of controversy has ceased to be matter for 
discussion by the provisions of the act of 1830, and as 
few claims now exist, a favorable opportunity occurs, 
to correct the evil, and the States owe it to their own 
safety to see that it is done. 

My duty impels me to invite the attention of the 
Legislature and the people to the condition of the mili- 
tia, though it has been a topic of such frequent annual 
recurrence that T fear it will fail to excite the interest it 
deserves. 

A combination of causes for several years past has 
tended so strongly to lower the elevated character and 
to impair the great reputation of the militia, that in 
many places the legal organization has been defeated 
substantially, either by a refusal to exercise the elective 
franchise, or a perversion of it in the choice of officers to 
supply vacancies. 

The files of the Adjutant General's office furnish la- 
mentable proofs of the truth of this declaration. The 
presiding and returning officers affirm, upon their offi- 
cial responsibility, that persons tottering under the in- 
firmities of old age or imbecility, reputed sots and vaga- 
bonds, have been elected in many instances to office. 
Jn a word, it seems to have been the deliberate purpose 
of the electors in many instances to select the most un- 
suitable and incompetent pers')ns that could be discov- 
ered. 

These are probably the bitter fruits of unsatisfactory 
laws and of inattention to the importance of the institu- 
tion. But let us not in the spirit of resentment or under 
the delusion of false security, abandon it. Let us not for 
the purpose of shunning the inconveniencies and burdens 



GOVERNOR'S ADDRESS. 49 

which are necessarily incident to it, cut away this an- 
chor of safety. We should first look calmly at its con- 
nexion with our government, (for it was not established 
without consideration and high motives,) and see wheth- 
er it can be spared, before we cast it off as a useless in- 
cumbrance. 

The power of making laws is confined to the legisla- 
ture, which consists of agents of the people, because, un- 
like some of the ancient republics, the people are too 
numerous and widely scattered to assemble themselves for 
that purpose. A law, is, therefore, only the declared will 
of a majority of the people, expressed according to the 
forms of the constitution. It is obligatory upon all per- 
sons under the government, and judicial tribunals are es- 
tablished to decide when it is violated, and to determine 
the measure of reparation. On this foundation rest all 
the rights and privileges which we enjoy. 

It is the public voice thus made known and enforced, 
that shields the weak from the violence of the strong, the 
lowly against the oppression of the powerful, and secures 
to all the undisturbed enjoyment of their honest earnings, 
while it denies to all the right of acquisition by violence 
or fraud. 

The constitution is the basis of a practical system of 
liberty and equality, the details of which are regulated by 
legislation, by which means equal rights should be secured 
to all, and exclusive privileges to none. 

Such being the character of our system of polity, form- 
ed not for the purposes of ambition or personal aggran- 
dizement, but to secure peace, safety and equal rights, it 
becomes a matter of vital importance that the laws made 
by the people should be obeyed, otherwise the people will 
cease to govern the country. The constitution assigns 
this office to the courts, who execute their duty by man- 
7 



60 GOVERNOR'S ADDRESS. 

dates to civil officers belonging to the judicial depart- 
ment. 

But what if the strong should trample upon the weak 
— the powerful crush the feeble — the crafty despoil the 
simple — the idle plunder the industrious of their bread — 
and then they should refuse to obey the judgments of 
the Courts ordering reparation ? What if they, and others 
as wicked, reckless, desperate and regardless of obedience 
to the public will as themselves, should coalesce to resist ? 
Where is the power of the courts ? Where that of the 
civil officers to enforce obedience ? If it were not known 
that the constitution in such cases commands an appeal to 
force, would not the civil officers be derided with scorn ? 
Would not he who is plundered of his property by his idle 
but stronger neighbor, seek redress m vain? And he who 
has been forced from under his own roof by lawless vio- 
lence, be obliged to submit himself to the mercy of the 
elements, or seek a new shelter ? 

Where there is no power but a naked command on 
paper in the hands of a civil officer to execute the laws, 
when it is known that no other force can be opposed to 
opposition, will not the laws cease to be respected ? 
Will not individual rights to property and to personal se- 
curity be shadows ? Will not brute force prevail and the 
government itself cease to exist, because it will cease to 
fulfil its functions ? 

Our constitution would long since have fallen into con- 
tempt from its own imperfection, if it had not provided 
for the execution of the laws. Those who framed it had 
a simple but beautiful theory, which, when disencumber- 
ed of technical phraseology, may be embodied in a few 
words. We the people do determine by this constitu- 
tion that our will shall be expressed by laws ; that as we 
cannot meet in a body to enact them, they shall be made 



GOVERNOR'S ADDRESS. 61 

by representatives appointed by us to act as our agents ; 
that we will have courts to interpret them, to adjudge 
upon their violation, and by their officers to execute 
them ; but when these officers are unable to enforce 
obedience, we will come ourselves to rebuke the disor- 
derly ; and to the end that we may never be unprepared 
for such a crisis, we establish a perpetual force of armed 
citizens, to be called a militia, whose duty it shall be to 
repress violence at home, and to repel aggression from 
abroad. 

This is the intimate and important connection which 
the militia has with the institutions of our Common- 
wealth ; and when we superadd that in time of peace it 
constitutes the only force congenial to the character and 
adapted to the genius of our government, the only one 
which is not full of peril to our liberties, we shall not fail 
to appreciate its importance. 

No one who loves the Commonwealth, who cherishes 
a regard for the constitution, who desires protection from 
the laws and the blessings of equality which they are 
designed to establish, who joys in the felicity of the past, 
or casts his hopes forward upon the continuance of our 
singular happiness as a free people, can fail to place a high 
estimate upon a well organized militia ; to honor its use- 
fulness, and to uphold it with patriotic ardor as the strong 
arm which, in extremities, must save our peaceable insti- 
tutions from the rude assaults of violence. 

Obvious as these principles are, great as the public 
interest at hazard is, firmly as I know the people to be 
attached to their institutions, this branch of the public 
service has greatly declined, and is in a condition that may 
well excite anxiety. 

My hopes, the experience of past years compels me to 
declare, do not so much rest on legislation- though much 



52 GOVERNOR'S ADDRESS. 

that is useful may be done here, as upon a reanimation of 
patriotic zeal, for it is love of country, and not penal 
statutes, that makes a spirited militia man. 

I trust the glorious achievements of Lexington and 
Bunker's Hill, are not fading from our recollections. I 
hope the liberty we have inherited is not to perish in our 
hands, for we should be unworthy and degenerate, if we 
are too irresolute to preserve what our fathers so nobly 
won. 

The price of liberty is said to be perpetual watchful- 
ness ; but what cares the despoiler for a sentinel who has 
no means to resist, except entreaty ? Duty in the militia 
was, until recently, considered, not an odious burden, but 
the "citizen's privilege" — not disgraceful, but honorable — 
not bowing ourselves to the service of others, but serving 
in our own cause — not sustaining a power to trample us 
into the dust, but declaring to the world that, by the 
blessing of God, with our own courage and the arms in 
our hands, we will maintain our independence. Who will 
refuse to serve in such a cause ? 

The effect of the law of the last session is not fully 
developed, nor have I the means of ascertaining public 
sentiment in relation to it ; but I fear it has not tended 
greatly to produce either contentment or zeal for this ser- 
vice, as I meet with few officers who speak encouragingly 
of it. Many of the light companies seized upon its pro- 
visions to disband, and the residue, most of w hom stand 
unsurpassed by any militia, have been organized in the 
manner required by the act. This law relieves the en- 
rolled soldier substantially from all duty, and for that rea- 
son is doubtless acceptable to many, while others, influ- 
enced by an ardent zeal for the public interests, fear that 
an organization which calls for so little duty from soldiers, 
and leaves officers substantially without any active com- 



GOVERNOR'S ADDRESS. 53 

mand, will be found too inefficient to excite any interest; 
that patriotism, the soul of the militia, will sink into 
indifference, and the establishment itself serve but to ex- 
cite ridicule instead of being esteemed the refuge of our 
hopes. 

The militia need the countenance and support of the 
public ; the respect and good will of those in whose 
cause they put forth their services. With this to cheer 
them on, the patriotic spirit of other days would revive, 
and the military arm would be nerved with a power that 
would render assaults upon our liberties perilous. 

It seems to me the principle to be followed in regula- 
ting the militia is, to secure an efficient organization 
with the least possible burden or inconvenience, and as 
equal a distribution of this burden and inconvenience as 
is possible. If the laws in this respect have been faulty, 
let the remedy be applied, and I have no doubt the young 
men, on whom the duty will mainly devolve, will cheer- 
fully meet it, considering the burden, whatever it may 
be, like that of attending the polls and town meetings, 
sacrifices for the support and preservation of a free and 
enlightened government. 

From what has been said it is apparent that a state of 
things, never anticipated by the framers of the Constitu- 
tion, has arisen ; for no one could have foreseen this per- 
verted use of the elective franchise. The only remedy 
which can be interposed, is an amendment of the laws 
which shall make the evasions now practised more diffi- 
cult. 

If public attention should be drawn to this subject so 
far as to duly estimate its importance, and thus revive 
respect for the militia, the object in making these re- 
marks will be attained. 

A vacancy exists in the 4th Division by the resigna- 
tion and discharge of Major General Warner. 



54 GOVERNOR'S ADDRESS. 

I herewith transmit the report and returns of the Ad- 
jutant General, by which it will appear that sufficient in- 
formation has not reached him to enable him to ascer- 
tain the present condition, and he has copied the return 
of 1 834 as the nearest approximation. This of itself in- 
dicates a very imperfect and inefficient organization. 
The return of the Quarter Master General accompanies 
it. 

In 1833, the legislature made provision for the revision 
of the General Statutes of the Commonwealth, and three 
distinguished citizens were appointed commissioners for 
the purpose. 

This board had so far matured their report, that they 
signified to the legislature at its last session, that it 
would be ready before this time, and recommended the 
appointment of a large committee to assemble during the 
recess, to examine it, and to propose such amendments 
as should be thought expedient. 

A committee was accordingly designated, but owing to 
the delay occasioned by the lamented death of professor 
Ashmun, to whom the first part m as assigned (the work 
being divided into four parts) the present commissioners 
have been unable to submit their report, which is not yet 
finished, to the committee. 

This is matter of regret, for all material alterations, 
modifications or amendments of the laws under which 
we live, and by which our rights and privileges are defin- 
ed and secured, have a close connection with the public 
interests and the public happiness. They should, there- 
fore, be matured by the cautious judgment and careful 
scrutiny of our most distinguished statesmen and jurists. 

The proposal, therefore, of the commissioners to sub- 
mit their labors to the deliberations of a large committee, 
combining great intelligence, from all portions of the 



GOVERNOR'S ADDRESS. 55 

Commonweathj and from all the great employments in 
business, was well designed, not only to bring a thor- 
oughly matured plan of reform before the legislature, but 
to inspire public confidence in its character, and thus fa- 
cilitate the labors of that body. 

This revision of the laws will present a favorable op- 
portunity for the improvement of many which have out- 
lived public respect, or the policy upon which they were 
founded. Much in the spirit of humanity was done at 
the last winter session for the relief of poor debtors, but 
further modifications are necessary to do justice to credi- 
tors as well as debtors. 

The second, third and fourth parts of the report will 
be immediately laid before you, to be disposed of as you 
may deem most wise and expedient. The first part is 
in a forward state of preparation, and will soon be ready 
for your deliberations. The labors of the commission- 
ers must have been arduous and perplexing, and the 
delay in making the report should be viewed only as a 
proof of their anxiety to bring their work into a mature 
form. 

In 1834, a law was enacted, appropriating all monies 
which should remain in the Treasury on the first day of 
this month, arising from the sale of public lands, and 
from the claim of the State upon the United States for 
military services and disbursements, together with one 
half of all the future proceeds of the sales of public lands, 
as a permanent fund, the annual income thereof to be ap- 
plied to the encouragement and support of common 
schools, which fund is never to exceed one million of 
dollars. As no provision is made for the distribution of 
the income arising from this fund, when it is vested, the 
subject will require legislative attention before any ap- 
plication of it can be made. 



56 GOVERNOR'S ADDRESS. 

Through the whole history of Massachusetts it has 
been a leading feature of her public policy to establish 
on the most firm and enduring foundation civil and relig- 
ious liberty. Her hopes have rested on the influence of 
intelligence and virtue upon the human mind. The 
channels of knowledge have been every where broad, 
and the streams have flowed onward through this great 
community, refreshing, expanding, purifying, exalting, 
and making more happy and more independent the pub- 
lic mind. 

No system of polity ever applied to the affairs of man 
is so happily adapted to uproot vice and undermine des- 
potism as that which has the aid of free schools — none 
has ever given such a firm moral tone to public senti- 
ment — none has ever excited more vigorous enterprize — 
none has ever created so enlightened and unbending an 
attachment to public liberty. 

The culture of the human mind ever has been and I 
trust will continue to be a matter of the most anxious so- 
licitude with the people of this Commonwealth, for in- 
dustry, purified by good morals and guided by knowl- 
edge, is the great leading element of our prosperity. 

The power to provide for the education of children 
and youth, hitherto, has been wisely confided to towns, 
in other words to the people themselves, who are the 
best judges of their own wants and their ability to sup- 
ply them. 

Great sums of money are annually raised for educa- 
tion, but the burden being imposed by the people upon 
themselves, is voluntarily assumed and cheerfully borne. 

As the statutes of the Commonwealth now are, it is 
perhaps questionable whether towns have an unlimited 
power to provide for education, and if it be so, I submit 
to the legislature, whether such a power ought not to 



GOVERNOR'S ADDRESS. 57 

be extended to them. It will then be optional with the 
people to enlarge the means of acquiring knowledge to 
any extent they may feel able to bear, and this power 
while it may do great good is scarcely able to be per- 
verted to evil. 

That the people are not disposed to make important 
alterations in the Constitution under which they have 
enjoyed great political happiness for half a century, un- 
less their interests clearly demand it, is obvious from the 
repeated failure of propositions to lessen the number of 
Representatives, and to change the mode of electing 
them. 

In distributing the representative power among the 
people, the framers of the constitution appear to have re- 
garded two considerations : first, towns in their character 
as municipal corporations, and second, popular numbers as 
indicated by taxable polls. 

Towns are so organized that the people can meet and 
transact their business without the intervention of agents 
or representatives. A wise public policy has therefore 
always placed in their hands great powers, for they raise 
and disburse by far the greatest portion of the public 
revenues, manage all public elections, provide for the sup- 
port of the poor, for the support of highways, for educa- 
tion, and many other important matters. 

These duties often bring the people together, and this 
frequent association in business enables them to under- 
stand the state of public sentiment among them, and the 
qualifications of their townsmen for public service. 

The Convention which framed the constitution, doubt- 
less, in making provision for a House of Representatives, 
were anxious to obtain a full and accurate representation 
of public opinion in that body, and for that reason made 
towns the basis, believing, probably, that public feeling 
8 



68 GOVERNOR'S ADDRESS. 

would be better expressed, and consequently public exi- 
gencies better provided for, in this manner, than in any 
other way. 

While these views would naturally have their influence, 
it is equally obvious that it would not have been just to 
give the smallest corporation as much political power as 
the largest. An increase was therefore provided for, found- 
ed on the increase of rateable polls, thus giving a mixed 
basis of representation, consisting of municipal corporations 
and popular numbers. The constitution leaves undeter- 
mined what shall constitute a rateable poll, and it is not 
improbable this was left to legislative wisdom, that the 
number of representatives might be curtailed if found too 
large, by diminishing the number of rateable polls, with- 
out altering the constitution. 

When it came to the people for their approbation, they 
were undoubtedly in favor of a numerous house, for the 
house is emphatically the forum of the people. They had 
seen and felt the power, influence and incorruptibility of 
a large representation fresh from the popular ranks, during 
their struggles with Great Britain, for the number then 
rose to two hundred and sixty-nine, and probably higher 
than that, while the population was comparatively small. 
Indeed, so essential was this esteemed, that the constitu- 
tion contains a provision authorizing the house to fine such 
towns as should neglect to send representatives, and this 
power has often been exercised. 

Large legislative bodies do not aflbrd a favorable thea- 
tre for the successful action of corruption, intrigue or 
bribery. These baleful influences are more likely to be 
plied through the disguise of public patronage in the be- 
stowment of offices of honor or emolument, upon the 
members of small bodies, where a vote or two will change 
their character and render them subservient to the ambi- 



GOVERNOR'S ADDRESS. 59 

tions or selfish views of base men. These artifices are 
seldom successful enough to win the favor of large bodies, 
and hence such are the safest depositories of power, as 
they are least likely to abuse it. Profligate as the na- 
tional assembly of France and the parliament of England 
have been represented to be, Napoleon and Cromwell 
found the only way to manage even those bodies was to 
suppress them by the bayonet. And the truth, if not now 
apparent, will be so, that public liberty finds its greatest 
security against intrigue and corruption in a large repre- 
sentation of the people, frequently chosen. 

There is however a reasonable limit and the number 
may be too large. An opinion has long been entertained 
by many, probably a majority of the citizens, that our 
constitutional number may be diminished without detri- 
ment to the public interests. No acceptable substitute for 
the present provision has yet been discovered. Perhaps 
the object may be accomplished by diminishing the ratea- 
ble polls without disturbing the basis ; but if this remedy 
does not meet with favor, because the power of large 
towns will be diminished, while that of small towns will 
remain unaltered, it is the dictate of sound policy to meet 
the complaint promptly, by submitting the question to the 
people to decide whether they will authorize a convention 
to be chosen to consider this objection raised against the 
constitution. 

If a majority shall be found in favor of such a measure, 
then this course is due to public sentiment ; if otherwise, 
then the public will learn that the people regard the con- 
stitution as it is, more than the advantages proposed to 
be attained by amendment. 

Public attention for several years past has been direc- 
ted to our poor laws with a view to the introduction of 
some reform, but the subject has been so fully and ably 



60 GOVERNOR'S ADDRESS. 

investigated that little remains to be added to the stock 
of knowledge. 

The most effectual remedy against an increase of 
pauperism, and the misery and suffering incident to a 
reliance upon public charity, is a liberal reward for labor. 

It may be assumed as an axiom established by the his- 
tory of mankind, that where wages are forced down very 
low, the laborer sinks with them, and there is the greatest 
vice, profligacy, ignorance and suffering. When they are 
high, his character is elevated by them, and then you find 
the greatest prosperity, the purest morals, the least profli- 
gacy, the most intelligence, and the widest diffusion of 
happiness. 

The people of this country will, therefore, if they seek 
their own comfort and happiness, be slow to encourage a 
policy which will bring the laborer to the humble level of 
a foreign competition, where hard work often affords but 
a scanty supply of bread. They will not be deluded into 
such an experiment under the vain hope that cheap pro- 
ducts will compensate for cheap labor ; for the result may 
be seen before the experiment is tried, in the deplorable 
condition of laborers in most parts of the eastern hemis- 
phere. 

Our country, by the exercise of that spirit of liberality 
which characterizes our institutions, has been the refuge 
of the unfortunate and the oppressed ; we have bid them 
a hearty welcome to our shores, received them under our 
protection, treated them as brothers, by admiting them 
to participate freely in the enjoyments and privileges 
which fill our land ; and I trust our hospitality and be- 
nevolence will continue to be extended to all who have a 
just or reasonable claim upon them. 

There is great reason however for believing, that this 
open philanthropy has been abused to purposes which 
require animadversion and a legislative correction. 



GOVERNOR'S ADDRESS. 61 

Pauperism in Great Britain has become an evil of over- 
whelming magnitude, owing to heavy taxes and low 
wages. The revenue raised in England and Wales alone, 
and expended for the support of paupers, has exceeded 
thirty seven millions of dollars in a year. The burden 
bears with such frightful severity on some of the parishes, 
that the owners of lands have been forced to abandon 
them, because the taxes exceeded the rents. 

The report of a board of Commissioners appointed by 
the King to enquire into the state of pauperism, corrob- 
orates these facts, and among other remarkable things, 
the Commissioners allege, that in many of the parishes 
the payers of taxes had sought relief from their burdens 
by aiding the paupers to emigrate, and they recommend 
as one of the remedies for pauperism, that all parishes 
may be authorized to raise money by assessment for like 
purposes, that greater efficacy may be given to the system. 
If these emigrants were sent to the colonies of the parent 
country, we should have little cause of complaint, but we 
have the strongest reason for believing that many of them 
are landed in the United States, and cast upon public 
charity. 

This is an unjust, wicked attempt on the part of a 
foreign people to exonerate themselves from their own 
natural burdens by casting them upon us. What would 
be thought of conceding to the British Government the 
power to tax us for the support of its poor ? and yet this 
is more unjust than taxation, for they throw the whole 
burden upon us. 

This is not the only evil, for this kind of population is 
known to be generally idle and vicious, and, if we may 
believe the report of the King's Commissioners, profligate 
and criminal. Their bad example tends to corrupt our 
citizens, to seduce them from a virtuous, industrious course 



62 GOVERNOR'S ADDRESS. 

of life, and to make the tenants of our alms-houses as 
debauched and worthless as themselves. In addition to 
this, by increasing our burdens, they impair our ability to 
provide for our ovv^n meritorious poor. 

Justice, therefore, to ourselves and to the poor that 
of right belong to us, demands an inquiry into this abuse ; 
and if it exists so as to be seriously injurious, a timely 
correction of it. We have now laws against the intro- 
duction of convicts and infamous and dissolute persons, 
but none against emptying poor houses upon us. Per- 
haps it will be difficult to make effectual legal provision, 
but it is hoped the evil is not beyond the reach of reme- 
dial check ; at least laws, even if violated, impose re- 
straint. 

In 1830, the Legislature made appropriations to com- 
mence an astronomical, a geological and a trigonomet- 
rical survey of the Commonwealth, with a view, doubt- 
less, to obtain the necessary material for an accurate map, 
and to ascertain the mineral resources of the State. 

The geological survey was confided to the scientific 
skill of Professor Hitchcock, of Amherst College, who 
has completed his labors, and added to the stock of gen- 
eral knowledge a large octavo volume, a second edition of 
which was ordered to be published by the Legislature at 
its last session, and is now ready, in an improved form, 
for distribution according to the provisions of law. 

The astronomical observations and calculations were 
entrusted to our distinguished fellow citizen, R. T. 
Paine, Esq., whose reputation as an astronomer is a 
sufficient guarantee that he possesses the attainments 
necessary to fulfil the purposes of his appointment. He 
has not as yet made a report of his doings, but, I hope 
soon to be able to lay one before you. 

The trigonometrical survey, which has occupied most 



GOVERNOR'S ADDRESS. 63 

of the public attention, has required no inconsiderable 
labor and patience, and has been jjrosecuted at a compar- 
atively heavy expense. It w^as commenced on Connecti- 
cut river in 1 830, and was continued under the superin- 
tendence of Col. Stevens, until March last, when he 
resigned his office. It has since been confided to Mr. 
Simeon Borden, of Fall River, who had, during the whole 
of the operations, been employed under the former super- 
intendent. 

There has hitherto been so little demand for services of 
this description in the United States, that the attention 
of scientific gentlemen has not been attracted to the prac- 
tical operations necessary to constitute an accurate, useful 
engineer of this class. It has not been easy therefore to 
select one of acknowledged celebrity and enlarged ex- 
perience. 

The information respecting Mr. Borden encouraged the 
Executive not only to continue him in the service, but to 
confide the superintendence to his skill, under general in- 
structions. 

He has, it is believed, prosecuted the business with 
zeal and fidelity, though this opinion rests rather upon 
confidence in the integrity and disposition of the engin- 
eer to do his duty, than upon a knowledge of what he 
has accomplished ; for although he has kept a journal, 
in which is noted the diurnal employment of himself and all 
persons under him, which is on file in the Secretary's 
office, together with monthly and quarterly reports, and 
the notes, memoranda and calculations at all the stations, 
yet it is difficult for any one, without experience, to de- 
termine whether the progress has been slow or rapid. 

As, however, a large portion of the time of the Engi- 
neers is employed in making observations and measuring 
angles with instruments, it is obvious that a clear atmos- 



64 GOVERNOR'S ADDRESS. 

phere is necessary to despatch. The successive rains and 
fogs of the past season, which for long and frequent 
periods rendered all attempts to use the instruments fruit- 
less, have greatly impeded the work. 

Mr. Borden, when he commenced his labors, expressed 
the opinion that it would require two years to complete 
the triangulation of the coast, and he still entertains the 
expectation that it can be completed in that time. 

The western portion of the State will probably require 
a year. If, with the knowledge now acquired, the survey 
were to be commenced, I am satisfied the Commonwealth 
would consult its interest by obtaining instruments larger 
and better adapted to the service. Those which have 
been used, though probably the best that could then be 
procured in the country, are neither so accurate or com- 
plete as is desirable, as they have often required repairs, 
and the observations must be many times repeated. This 
has consumed the time and delayed the progress of the 
Engineer. 

Pursuant to the provisions of a resolve passed at the 
last session, the Engineer was requested to submit himself 
to the examination, and his papers to the inspection of 
two distinguished Engineers, for their opinion and advice 
as to his qualifications ; and I am happy to make known 
their concurrent opinion, that he is qualified for the ser- 
vice in which he is engaged. 

At the close of the last year, the accounts of the late 
Engineer were examined, and a balance credited to him 
of ^1110, to be paid when an appropriation should be 
miade. Subsequent occurrences rendered it expedient to 
re-examine this account, in connection with one of larger 
amount, which had accrued from the first of January to 
the time of his resignation, and the sum of ,^1090 92 was 
disallowed after a patient hearing of the whole matter, 



GOVERNOR'S ADDRESS. 65 

under full persuasion that the Commonwealth was under 
no legal or equitable obligation to pay it. 

Annexed to the report of the Engineer is an abstract of 
the expenditures upon all the branches of this survey from 
the beginning, which I have caused to be made for the 
use of the Legislature. His estimate for the current 
year will also be before you, by all which it will appear 
that the charges upon the Commonwealth have been con- 
siderably diminished under the present Superintendent, 
while it is believed as much work, or nearly as much, has 
been accomplished. Further appropriations will of course 
be necessary to carry forward the survey. 

The suit in Equity instituted by our sister, Rhode Isl- 
and, complaining of us as trespassers in having possessed 
ourselves of a portion of territory over which she claims 
jurisdiction, is still pending, and in charge of the distin- 
guished counsel to whom it was confided. The order of 
the Court at the last term was, that the defendants 
should file their pleas by the first of this month, and as 
time will doubtless be given to the complainants to make 
answer, there will be no hearing of the case until 1 836. 
This delay is unfortunate, but I do not perceive that it 
could be avoided. The State is, perhaps, as well prepar- 
ed as she ever will be to meet and refute the claim, for 
she has had the practical jurisdiction from the settlement 
of the country, and has for a long period enjoyed it with 
the assent of the claimants. It is desirable that such con- 
troversies should be brought to as speedy an issue as pos- 
sible, for they agitate the public mind and tend to disturb 
the friendly understanding of the parties. 

Pursuant to the act incorporating the district of Marsh- 
pee, and authorizing a qualified municipal organization 
of the tribe of Indians into a town, a commissioner was 
appointed whose report I am now able to lay before the 
9 



66 GOVERNOR'S ADDRESS. 

Legislature, by which it appears that the District has 
been organized by the choice of officers according to the 
act ; that a settlement has been made with the former 
board of commissioners up to the time of the change of 
condition, and with the new commissioner for the residue 
of the year, both of which settlements are countersigned 
by the board of selectmen and certified by them to be 
satisfactory. 

The commissioner also represents that harmony has 
prevailed, that the officers, who are Indian proprietors, were 
chosen with as much unanimity as is generally found in 
town meetings, and the provisions of the law, though 
their efficacy has not been fairly tested, seem thus far to 
be quite satisfactory. He represents that schools have 
been kept up in the District, and expresses the hope that 
the inhabitants will soon become sufficiently enlightened 
to manage their affiiirs without the aid of a superintendent 
appointed by the State. The selectmen have also ap- 
proved the entire report and countersigned it. It is grati- 
fying to witness the success which has followed this late 
act of justice towards this small remnant of a once nume- 
rous and powerful people. The race ^^hich inhabited 
this region of country, have long since fallen the victims 
of the superior power of civilization, and with few, very 
few exceptions, not a drop of the blood of the numerous 
tribes courses through the veins of a human being. The 
Marshpees are few in number, and although surrounded 
with white population with whom they have held daily 
intercourse, two centuries of experiment have failed to do 
more than mingle the arts and customs of civilized life 
with the habits of their ancestors. The precariousness of 
a reliance upon the forests, now that they shelter little 
game, and upon the rivers and the sea for support, is not 
sufficient to detach them from the chase, or to wed them 



GOVERNOR'S ADDRESS. 67 

to the cultivation of the earth. The habits of the whites 
have, however, stolen upon them unawares, and they 
now engage in many pursuits with perseverance and 
success. 

The Commonwealth will, I doubt not, take pleasure 
in cherishing and protecting, in all reasonable ways, these 
few descendants of a race whose fathers probably held 
dominion over this land before the Christian era. There 
seems to be no reason to doubt that they will, by the aid 
of schools and by the exercise of corporate rights, soon 
become qualified to manage with propriety the affairs of 
the District. A generous public, T am confident, will 
feel anxious to elevate them to the rights and privileges 
of free citizens, the moment they are qualified to exercise 
them. 

The Hospitals and the Asylum for the blind have been 
visited as the laws require, and found in a prosperous con- 
dition. A letter from the Lieut. Governor, as well as a 
report of the Superintendent of the Asylum, will be laid 
before you, and will be found to contain much interesting 
matter. 

A communication from the Executive of New York, 
relative to the currency and banks, will be laid before 
you, and also sundry resolutions of the Legislature of 
Maryland and Georgia. The latter were transmitted to 
me by the Governor of that State, though I do not per- 
ceive in their contents any thing which was designed for 
legislative consideration here. 

I cannot forbear to congratulate the people upon the 
activity of private enterprize which we witness in our 
happy Commonwealth. 

Though many and afflictive discouragements have come 
upon us, though the pecuniary pressure of the past year 
bore us down with a weight that greatly impeded and 



68 GOVERNOR'S ADDRESS. 

threatened to overwhelm business, though we have not 
recovered from the sufferings and sacrifices occasioned bj 
it, which will not easily be effaced from the recollection, 
and though we have not been restored to that state of 
prosperity which has pervaded some other portions of the 
United States, yet the elastic power of free labor has 
done much to repair the injury. Such are the resources 
of our country, and so great the compensating power of 
industry, that it triumphs over the errors of false doctrines 
and the oppressions of false policy. The whole history 
of Massachusetts illustrates this truth ; for, smce she has 
ceased to be the sport of British selfishness, her pursuits 
have at times been scarcely less embarrassed by the pol- 
icy of the Federal Government. 

The advancements in knowledge have increased within 
the last half century the productions necessary and useful 
to mankind, beyond all former example. 

Machinery and tools abridging labor have been intro- 
duced into most employments with such success, that the 
greatest art now consists in making the implements with 
which labor is performed. It required great intellectual 
penetration and comprehensiveness to invent, and the 
accomplishments of ingenious artisans to construct, the 
spinning frame, the power loom, the printing press, the 
machine for making paper or for making cards ; and yet 
any of these, as well as thousands of others equally im- 
portant, are managed and worked easily by females and 
children. These substitutes for human toil are adapted 
to our necessities and minister largely to our happiness, 
by enabling us with greater success to withstand the over- 
whelming competition of foreigners. 

Discovery has hitherto produced no agent, unless the 
mariner's compass, that promises to work greater changes 
in the condition of mankind than steam, in its application 



GOVERNOR'S ADDRESS. 69 

to transportation. It has converted the great rivers of 
this broad country into highways that bear upon their 
surface an immense trade, and thus, as well as by peering 
mountains, it brings regions which must otherwise have 
remained strangers, into almost daily intercourse, creat- 
ing innumerable ties of mutual dependance, strengthen- 
ing attachments by constant social intercourse, bearing 
onward a commerce that reaches from extreme to ex- 
treme, covering the whole country and adding to our 
political union the ligaments that alone can sustain it, a 
union of interest. 

This application of so powerful an agent seems to have 
been reserved for this age to demonstrate, that if we do 
not live in harmony and perpetuate our republic, it will 
be because of our folly or our wickedness. 

It must be gratifying to the people of the Common- 
wealth to see the proofs of enlightened private enterprize 
in opening ways for it to traverse the interior regions of 
the State. Long lines of easy, expeditious and cheap 
communication are constructing, which will give new fa- 
cilities to business, new inducements to invest capital, and 
new employments to labor. The resources of agriculture 
will be enlarged, the markets, business and population of 
the metropolis increased, and we shall I trust, be able to 
maintain a successful competition in prosperity with those 
States which have added to their greater natural advan- 
tages, like improvements. 

Permit me to avail myself of this occasion to tender to 
my fellow citizens my grateful acknowledgments for the 
expression of their indulgent sentiments, which brings 
me before you, and renewedly to assure them that it shall 
be my steady aim to pursue a liberal and enlightened pol- 
icy, promoting by all means in my power, their interests, 
and the interests of all who are attached to popular insti- 



70 MESSAGE. 

tutions, by adhering steadily to the republican principles 
of the constitution. 

These remarks have been extended beyond what I 
could desire, but greater brevity must have been employ- 
ed at the sacrifice of a constitutional obligation to make a 
full exposition of the condition of public affairs. 

We have met to discharge high and solemn duties con- 
fided to us by the people, and we cannot feel so vain as 
to be insensible of our feebleness and imperfections, and 
of the great necessity we have for reliance upon Him who 
possesses perfect wisdom. 

It becomes us to seek his guidance in our councils 
that his blessing may rest upon our labors and upon the 
Commonwealth. 

JOHN DAVIS. 

Council Chamber, \Sth Jan. 1835. 



CHAP. I. 

Gentlemen of the Seriate, 

and of the House of Representatives. 

I herewith transmit the documents referred to in the 
communication of yesterday. The analysis of the Mas- 
sachusetts claim being very voluminous, has not been 
copied. I will therefore ask the favor to have it returned 
to this department after it has ceased to be useful to you. 
The Superintendent of the Asylum for the blind, has ex- 
pressed an opinion that it would be inexpedient to print 
the details of his report, for reasons which will appear 
upon the face of it. 



SENATE CHAMBER. 71 

In the details of the settlement with the former Board 
of Overseers of the District of Marshpee, are enumerated 
the notes and securities given by individuals. Of the 
propriety of publishing these you will judge, as the indi- 
viduals may feel some reluctance at the exposure of their 
names in this connexion. 

J. DAVIS. 

Council Chamber, January 14, 1835. 



CHAP. II. 

Resolve to pay for Furniture for the Senate Chamber. 
January 23, 1 835. 

Resolved, That there be allowed, and paid out of the 
treasury of this Commonwealth, to Nathaniel Bryant, the 
sum of eight hundred and forty-two dollars, and twenty- 
five cents, in full of his account for chairs furnished by 
him for the use of the Senate Chamber, and that a war- 
rant be drawn accordingly. 



n AMOS MAKER. 



CHAP. III. 

Resolve to repeal in part a Resolve concerning the revis- 
ion of the Statutes of the Commonwealth. 

January 24, 1835. 

Resolved, That all that part of the Resolve passed 
April 1st 1834, concerning the revision of the Statutes, 
which relates to the distribution of the printed report of 
the Commissioners appointed to make said revision, be, 
and the same is hereby repealed. 



CHAP. IV. 

Resolve for the support of Amos Maker at the American 
Asylum at Hartford. 

January 24, 1835. 

Resolved, That Amos Maker of New Bedford, in the 
County of Bristol, be placed upon the list of persons to be 
supported at the American Asylum for the Deaf and Dumb 
at Hartford, from the first day of October last, agreeably 
to the provisions of the Resolves heretofore passed in re- 
lation to State beneficiaries. 



MESSAGE. 73 



CHAP. V. 

A Resolve for the support of Artemas Gates at the Ameri- 
can Asylum at Hartford. 

January 24, 1835. 

Resolved, That Artemas Gates of Worcester, in the 
County of Worcester, be placed upon the list of persons 
to be supported at the American Asylum for the educa- 
tion of the Deaf and Dumb at Hartford, at the expense 
of this Commonwealth, from and after the first day of 
May next, agreeably to the provisions of the Resolves 
heretofore passed in relation to State beneficiaries. 



CHAP. VI. 

To the Senate and the 

House of Representatives ; 

I have received from the Governor of North Carolina 
several resolves passed by the General Assembly of that 
State, complaining of the manumission of sundry slaves 
by the civil authorities of the British Island of New^ Provi- 
dence. These slaves were shipped at Charleston for 
New Orleans, on their way to Red River in Louisiana, 
and being wrecked on the reefs of Abaco, afterwards 
were carried in distress into the port of Nassau, where 
10 



74 MESSAGE. 

the conduct complained of took place. I transmit these 
Resolves, as they seem by the General Assembly to have 
been designed for your consideration. 

The Trustees of the State Lunatic Hospital have made 
to this department a supplemental Report, which repre- 
sents that the Institution needs aid which can only be 
obtained from the Legislature. I therefore hasten to 
communicate it to you. The Trustees represent, that 
the present buildings are inadequate to meet the provisions 
of the law, and therefore the law must be modified or 
the buildings enlarged. They believe that humanity de- 
mands the latter course, and make this appeal to you 
with the hope that provision will be made for the erection 
of a new building ; and to this end have accompanied the 
Report with a plan and estimates for that purpose. 

The embarrassments of the Institution and the occasion 
for this improvement are fully and clearly explained in the 
Report ; and as I have recently testified to my belief of 
its humane character and signal success, (so honorable to 
the benevolence of the Commonwealth,) I forbear to re- 
iterate those sentiments. If additional information be 
desired, several of the Trustees, who are men distinguish- 
ed for their intelligence and probity, are members of the 
Legislature and will cheerfully afford it. 

Pursuant to the advice of the Executive Council, I 
communicate a memorial of certain officers of Harvard Uni- 
versity, with the doings of the Council thereon. These 
memorialists pray that the duplicate copies of the laws of 
other States in possession of this State may be placed in 
the Law Library of the University ; but it appears the 
terms of the Resolve of 1811, by which exchanges were 
to be made in triplicate sets, have been so imperfectly 
complied with, that the Commonwealth has but few du- 
plicates. 



AGRICULTURAL SOCIETY. 76 

In compliance with the recommendation of the Coun- 
cil, I also transmit for your consideration a Memorial of 
the Trustees of the Boston Marine Society, in relation to 
Pilots for the port of Boston. The Council, being under 
the belief that legislation is necessary, have advised to 
this course, and a copy of their proceedings will accom- 
pany the Memorial. 

The Fort on Castle Island in the harbor of Boston is so 
dilapidated, that not a gun remains mounted in it. It 
appears by the reports of the Board of Engineers of the 
United States, that this fort is intended to be kept up as 
a portion of the defences of this port, essential to its safe- 
ty. As much anxiety has been expressed upon this sub- 
ject, and as the House of Representatives in Congress 
have denied an appropriation for the repair of this fortifi- 
cation, I feel it to be my duty to transmit to you several 
documents, establishing these facts, that you may judge 
of the expediency of urging upon Congress the necessity 
of making more effectual preparation for the defence of 
the Port and the Navy Yard. 

JOHN DAVIS. 

Council Chamber, January 27, 1835. 



CHAP. VII. 

Resolve in favor of the Berkshire Agricultural Society. 

Jatiuary 29, 1835. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Treasurer of the 
Berkshire Agricultural Society, for the use of said society, 
the sum of five hundred and twenty dollars ; and that a 
warrant be drawn accordingly. 



76 GENERAL LAWS. 



CHAP. vin. 

Resolve for the payment of Militia Services. 

February 2, 1835. 

Resolved, That there be paid out of the public Treas- 
ury, to the city of Boston, and the several towns and dis- 
tricts in this Commonwealth, such sums of money, as have 
been or may be paid, for Militia Services, and certified 
agreeably to the provisions of an "Act for governing and 
training the Militia," passed March 29, 1 834. And that 
warrants be drawn on the Treasury for that purpose, for 
any amount not exceeding twenty thousand dollars. 



CHAP. IX. 

Resolve for the purchase of the first and second parts of 
the Third Volume of the General Laws. 

February 4, 1835. 

Resolved, That the Secretary of the Commonwealth 
be authorized and directed to purchase, for the use of the 
Commonwealth, one hundred copies of each of the two 
first parts of the third Volume of the General Laws of 
this Commonwealth, and that a warrant be drawn to de- 
fray the expense thereof. 



PETITION OF NATHAN WILLIS. 77 



CHAP. X, 

To the Senate, and the 

House of Representatives. 

In compliance with the advice and reccommendation of 
the Council, I transmit for your consideration their pro- 
ceedings in relation to the settlement of the accounts of 
the Warren Bridge Corporation. 

J. DAVIS. 

Council Chamber, February 7, 1835. 



CHAP. XI. 

Resolve on the Petition of Nathan Willis. 

February 7, 1835. 

Resolved, For the reasons set forth in said petition, 
that Hezekiah Barnard, Esq., the Treasurer of the Com- 
monwealth, be, and he is hereby authorized and required 
to transfer, assign, and deliver to Nathan Willis, of Pitts- 
field, in the county of Berkshire, Esquire, three promis- 
sory notes made and executed on the first day of Septem- 
ber, A. D. 1813, by Josiah Bissell, Jr. for nine hundred 
and twelve dollars each, made payable at the end of two, 
four, and six years from the date, with annual interest, 



78 MESSAGE. 

the payment of the same being guaranteed by Josiah Bis- 
sell, the father of Josiah, Jr. ; also to transfer, assign, and 
deliver to said Nathan Willis, all the mortgages, bonds, 
and securities which the Commonwealth now holds for 
the payment of the notes aforesaid. 

Prodded, The said Willis shall first pay over to the 
said Treasurer of the Commonwealth, such sum of money 
as is now due upon the notes aforesaid ; and that neither 
said Willis, nor his legal representatives, nor assigns, shall 
ever make any claim on the Commonwealth in conse- 
quence of the aforesaid transfer, assignment, and delivery 
of said notes. 



CHAP. XII. 

To the Senate, and the 

House of Representatives. 

The office of Major General of the Third Division of 
Militia is vacant by the resignation and honorable dis- 
charge of General Micah M. Rutter, late commander of 
that Division. 

J. DAVIS. 

Council Chamber, February 9, 1 835. 



CASTLE ISLAND. 79 



CHAP. xin. 

Resolves respecting the present State of the Fortifications 
on Castle Island. 

February 12, 1835. 

Whereas^ Fort Independence, on Castle Island, in the 
Harbor of Boston, has been heretofore chiefly relied upon 
for the defence of the said harbor, and of the city of 
Boston; and is still considered indispensable to their se- 
curity ; and 

Whereas the Fortifications upon said Island are at 
present in a dilapidated and ruinous condition; Therefore 

Resolved, That the Senators of this Commonwealth in 
Congress be instructed, and the Representatives request- 
ed, to urge upon the proper department of the Govern- 
ment of the United States, the importance and necessity 
of rebuilding, or otherwise repairing the aforesaid Works, 
and to use their exertions in Congress to obtain the ap- 
propriations that may be required for this purpose. 

Resolved, That His Excellency the Governor be and 
he hereby is requested to transmit a copy of these Resolves 
to each of the Senators and Representatives of this Com- 
monwealth in the Congress of the United States. 



80 GEOLOGY. 



CHAP. XIV. 

Resolve to authorize the purchase of the General Laws 
passed during the last three years. 

February 13, 1835. 

Resolved, That the Secretary of the Commonwealth 
be, and he hereby is directed to purchase fifty-one copies 
of Button and Wentworth's edition of the General Laws 
of the Commonwealth, passed during the three last years, 
bound in boards, and to deliver one copy thereof to each 
of the Commissioners and the Committee on the Revised 
Statutes, for their use. 



CHAP. XV. 

Resolve concerning a further distribution of the Geological 

Report. 

February 16, 1835. 

Resolved, That fifteen copies of the second edition of 
the Report on the Geology of the Commonwealth be de- 
livered to Professor Hitchcock, for the purpose of furnish- 
ing one copy thereof, to each person who assisted him by 
providing new materials for the enlargement of the third 
and fourth parts of said report ; and that a copy of the 
said report be given to the Massachusetts Historical So- 
ciety, also one copy to the Fellenberg School in Green- 
field in the County of Franklin. 



PET. OF W. G. LAMBERT k, C. SCUDDEK. 81 



CHAP. XVI. 

Resolve on the petition of William G. Lambert and Charles 
Scudder, Executors of the last Will and Testament of 
Oilman Prichard, late of Boston in the County of Suf- 
folk, deceased. 

February 16, 1835. 

Resolved, That the said William G. Lambert and 
Charles Scudder, in their capacity as Executors as afore- 
said, are hereby empowered to make, sign, seal, and de- 
liver, and duly acknowledge good and sufficient deed or 
deeds, unto Thomas Hobart, Daniel Mitchell, Theodore 
Mitchell, Winslow Mitchell and Cushing Vinal, or to 
either one or more of them, their heirs and assigns, of 
five undivided sixteenth parts of a certain woolen and 
cotton factory, situated in Halifax, in the County of 
Plymouth, with all the lands and other real estate con- 
nected 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 Lambert and 
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 sure- 
ties, to be approved by him, in such penalty as he may 
require, with condition that the said Lambert and Scud- 
der shall conduct with good faith in making such sale and 
conveyance, and shall well and truly account for the pur- 
chase money which they may receive as the considera- 
tion of the said conveyance. 
11 



82 SARAH DROWNE. 



CHAP. XVH. 

Resolves in favor of the Geological Surveyor. 
February 16, 1835. 

Resolved, That the sum of two hundred and twenty-six 
dollars be allowed and paid to Edward Hitchcock, the 
Geological Surveyor, for his services in revising, enlarg- 
ing, and preparing for publication the second edition of 
his report on the Geology of the Commonwealth. 

Resolved, That the further sum of two hundred and 
forty-six dollars and sixty-three cents, be allowed to the 
said Surveyor, on account of expenditures and services 
performed by him, in preparing and publishing the first 
edition of said report, and that a warrant be drawn for 
these respective sums accordingly. 



CHAP. xvni. 

Resolve on the Petition of Sarah Drowne of Rehoboth, in 
the County of Bristol. 

February 17, 1835. 

Resolved, For reasons set forth in said Petition, that the 
sum of one hundred dollars be paid in full, out of the 
Treasury of this Commonwealth, to Sarah Drowne afore- 
said, and that the Governor draw his warrant accordingly. 



PETITION OF WILLIAM PRESCOTT. 83 



CHAP. XIX. 

To the Senate, and the 

House of Representatives. 

I herewith transmit the report of R. T. Paine, Esq. 
containing an account of his proceedings during the last 
y^r, and an assurance that this part of the survey is near- 
ly completed. This document was not received at the 
time when the others upon this subject were communi- 
cated, or it would have accompanied them. 

I beg leave also to state that the office of Major Gen- 
eral of the fifth Division of the Militia is vacated by the 
honorable discharge of General Miller at his request. 

JOHN DAVIS. 

Council Chamber, February 18, 1835. 



CHAP. XX. 

Resolve on the Petition of William Prescott. 

February 19, 1835. 

On the petition of William Prescott, of Groton, in the 
county of Middlesex, praying further relief for having been 
wounded by the discharge of a cannon ; — 



84 PETITION OF MARTIN WHEELOCK. 

Resolved^ For reasons set forth in said petition, that 
there be allowed and paid out of the Tre-asury of this 
Commonwealth to said William Prescott the sum of four- 
teen dollars annually, in addition to the sum of ninety 
dollars now paid him, as a pension during his life : — aifd 
that the whole of said pension be hereafter paid to him in 
even quarterly payments, the first payment of said addi- 
tional sum to be made on the first day of April, one thous- 
and eight hundred and thirty-five. 



CHAP. XXI. 

Resolve on the Petition of Martin Wlieelock, of Conway, 
granting a renewal and continuance of his Pension. 

February 19, 1835. 

On the petition of Martin Wheelock, of Conway, in the 
county of Franklin, praying for a renewal and continuance 
of his pension on account of a wound he received w hile 
performing militia duty in the year 1818 ; — 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to the said Martin 
Wheelock, the sum of thirty dollars a year, for the term 
of three years, from the twelfth day of June, in the year 
of our Lord one thousand eight hundred and thirty-three, 
should he live so long. 



TOWN OF CARVER. 85 



CHAP. XXIf, 

Resolve on the Petition of Lucretia Brown. 

February 21, 1835. 

Resolved, That, for reasons set forth in said petition, 
all the right, title, and interest of this Commonwealth in 
the house and land of the late Joseph Brown, husband of 
said Lucretia Brown, situated in Marblehead, as describ- 
ed in said petition, be hereby released unto said Lucretia 
Brown, her heirs,* and assigns. 



CHAP. XXHL 

Resolve on the Petition of the Selectmen and others, In- 
habitants of the Town of Carver, praying for the ap- 
pointment of Guardians to the heirs of Luana Seepit, 
otherwise called Luama Seepit. 

February 21, 1835. 

Resolved, That the Selectmen of the said town of Car- 
ver, for the time being, and their successors in office, be, 
and they are hereby appointed Guardians of the heirs of 
the said Luana Seepit, otherwise called Luama Seepit, 
so far, and so far only, as respects the use and improve- 
ment of the Wood Land situated in said town of Carver, 
which said heirs have inherited from the said Luana 



86 THOMAS SAVERY. 

Seepit, otherwise called Luama Seepit, or which have 
been derived to them from the said Luana Seepit, other- 
wise called Luama Seepit, they the said Selectmen for 
the time being to be subject to account with the said 
heirs, and their heirs, for any property by them received 
under this authority, before the Judge of Probate for the 
county of Plymouth, and his successors in said office. 



CHAP. XXIV. 

Resolve in favor of Thomas Savery. 

February 28, 1835. 

Resolved, That there be paid out of the Treasury of 
the Commonwealth to Thomas Savery of Wareham, the 
sum of forty-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. 



CHAP. XXV. 

Resolve on the Petition of Samuel Frost for a continuance 
of his pension. 

March 2, 1835. 

Resolved, That, for reasons set forth in the petition of 
Samuel Frost, there be allowed and paid to him out of 



LEVI HEDGE. 87 

the Treasury of this Commonwealth, the sum of fifty 
dollars a year, for three years from and after the fourth of 
February, eighteen hundred and thirty-five, if he shall so 
long live, and that w^arrants therefor be drawn accord- 
ingly. 



CHAP. XXVI. 

Resolve on the Petition of Levi Hedge. 

March 2, 1835. 

Resolved^ That Levi Hedge, of Cambridge in the Coun- 
ty of Middlesex, administrator of the estate of William 
K. Hedge, late of said Cambridge, deceased, is hereby 
authorized, at any time within three months after the 
passage of this Resolve, to make affidavit in form pre- 
scribed by law, that he has given notice according to the 
order of the Judge of Probate for said County, of his 
appointment to and acceptance of said trust, and such 
affidavit being filed in the Probate Office in said County, 
within the time aforesaid, shall be as effectual in law as if 
the same had been made and filed within the time pre- 
scribed by law. 



88 HARVARD UNIVERSITY. 



CHAP. XXVII. 

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

March 2, 1835. 

Resolved, That the sum of four thousand one hundred 
and seventy-five dollars, be appropriated for continuing 
the survey of the Commonwealth, agreeably to the Re- 
solve passed March 3, 1830, and the Resolves in addition 
thereto, and that warrants be drawn upon the Treasury 
therefor, from time to time, as the same shall be required. 



CHAP. XXVIII. 

Resolve in favor of Harvard University. 

March 2, 1835. 

Resolved, That, in all cases in which the Secretary of 
the Commonwealth, or the Librarian of the Legislature, 
now has or shall hereafter receive, for public use, three or 
more copies of any statutes or books of common law of 
the United States, or of the several States, there shall 
forthwith be deposited one of said copies in the Law Li- 
brary of Harvard University, to be there kept, subject to 
the order of the Legislature, 



WILLARD ELLIS. 89 



CHAP. XXIX. 

Resolve for the support of Polly Madison, an Indian of 
the Chappequiddic Tribe. 

March 2, 1835. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Guardian of the 
Chappequiddic Indians for the time being, the sum of two 
dollars per week for the support of Polly Madison, an 
Indian of said Chappequiddic tribe, for and during the 
term of her natural life ; said payment to be made annu- 
ally, commencing from the fifteenth day of January, one 
thousand eight hundred and thirty-five, and that warrants 
be drawn accordingly. 



CHAP. XXX. 

Resolve on the Petition of Willard Ellis. 
March 2, 1835. 

Resolved, That there be allowed, and paid out of the 
treasury of this Commonwealth, to Willard Ellis, the sum 
of thirty-five dollars on demand ; also the sum of thirty- 
five dollars annually, from and after the first day of April 
eighteen hundred and thirty-five during his natural life ; 
12 



90 CONTESTED ELECTIONS. 

as compensation for losses and expenses sustained by him 
in consequence of being wounded, while in the perform- 
ance of military duty ; and that warrants be drawn there- 
for accordingly. 



CHAP. XXXI. 

Resolve to pay for compiling and superintending the pub- 
lication of the Reports of Contested Elections. 

March 2, 1835. 

Resolved^ That there be paid out of the Treasury of 
this Commonwealth, to Luther S. Cushing, the sum of 
three hundred and eighty dollars, in compensation of his 
services in compiling, from the journals, files and printed 
documents of the House of Representatives, and superin- 
tending the publication of a volume of Reports of Con- 
tested Elections, in pursuance of an order of the last 
House of Representatives ; and to William Learned the 
sum of twelve dollars, in compensation of his services in 
examining the files of the House, under the direction of 
the said Cushing, in the execution of the said order ; and 
that warrants be drawn accordingly. 



MESSAGE. 91 



CHAP. XXXII. 

To the Senate, and the 

House of Representatives. 

The copies herewith transmitted have been prepared 
by my direction for the purpose of submitting them to 
your consideration. There are many cases of similar char- 
acter in which no commissions have been issued, because 
of strong representations that the persons elected are 
wholly unsuitable for the stations to which they have been 
elected in the Militia. 

My predecessor exercised the power of treating elec- 
tions as void in many cases, but it proved, as far as my 
knowledge extends, an ineffectual remedy, for the same 
persons were often again elected. That the election of 
one non compos mentis, or an inhabitant of a foreign 
country, is void, cannot be doubted, but the election of one 
of bad habits or weak intellect, stands on a different foot- 
ing, and I have not felt at liberty to exercise the power 
in such cases of ordering a new election. Such cases it 
seems to me must be referred to the legislature to exer- 
cise the constitutional power of address, if they think the 
public good requires it. The evil demands a remedy, for 
the effect of such elections is to hasten the resignation of 
all good officers, and to restrain all efficient and intelligent 
soldiers from accepting office. 

J. DAVIS. 

Council Chamber, March 3, 1835. 



92 MESSAGE. 



CHAP. XXXIIl. 

To the Senate, and the 

House of Representatives. 

Having been notified that 1 have been duly elected a 
Senator for this Commonwealth, in the Congress of the 
United States, for the term of six years, commencing with 
the fourth day of March inst ; — I hereby declare my ac- 
ceptance of that office, and hereby resign that of Governor, 
with which I have been honored by the suffrages of the 
People. 

I beg leave, gentlemen, to express to you my thanks for 
this proof of your confidence, and to assure you that I will 
endeavor to justify it by a zealous and faithful discharge 
of public duty. 

In taking leave of the people in my present connection, 
I trust I may be permitted again to express my gratitude 
for the indulgent manner in which my public conduct has 
been viewed, and to hope that I may never be found un- 
worthy of their respect. It will be my steady aim to pro- 
mote their happiness by cherishing an unceasing regard 
for their interests, and the preservation of public liberty. 

JOHN DAVIS. 

Council Chamber, March 3, 1 836. 



PETITION OF AMOS N. SAUNDERS. 93 



CHAP. XXXIV. 

Resolve on the Petition of Thomas Rowley^ Jr. 

March 3, 1835. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth to Thomas Rowley, Jr. the sum of fifty 
dollars, in full for expenses and damage sustained by him 
from an injury received by a minor son, while in the per- 
formance of military duty, and that a warrant be drawn 
therefor. 



CHAP. XXXV. 

Resolve on the Petition of Amos N. Saunders. 

March 3, 1835. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth to Amos N. Saunders, the sum of fifty 
dollars on demand ; and also the further sum of twenty 
dollars annually for life, on account of injuries and ex- 
penses sustained in consequence of wounds received by 
him, while in the performance of military duty ; and that 
a warrant be drawn therefor. 



94 PETITION OF JOSEPH WHALIN. 



CHAP. XXXVI. 

Resolve on the Petition of William Porter, Jr. 

March 3, 1835. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth to William Porter, Jr. the sum of one 
hundred and nine dollars, in full for his services, and 
money paid by him as Counsellor, in a suit in behalf of 
the Commonwealth, against General Timothy Wain- 
wright ; and that a warrant be drawn therefor. 



CHAP. XXXVII. 

Resolve on the Petition of Joseph fVhalin. 

March 3, 1835. 

Resolved, For reasons set forth in said petition, that 
the Land Agent is hereby empowered to execute a deed 
of two hundred acres of land to Joseph Whalin, or to pay 
him fifty dollars instead thereof if he shall so elect, agree- 
ably 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. 



CHARLES LEIGHTON. 96 



CHAP. XXXVHI. 

Resolve authorising the Treasurer to borrow money. 
March 5, 1835. 

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 corpo- 
ration therein, or of any individual, or individuals, such 
sum or sums of money as may, from time time, be neces- 
sary 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 bor- 
row, 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. 



CHAP. XXXIX. 

Resolve to pay Charles Leighton. 

March 5, 1835. 

Resolved, That there be allowed and paid by the Treas- 
urer of this Commonwealth, to Charles Leighton, chair- 
man of the Committee on Public Buildings, the sum of 



96 BOSTON HARBOR. 

three hundred and sixty dollars, in full for his services in 
superintending the alterations made in the western galle- 
ry of the House, and the repairs and alterations of the 
State House, as authorized by the Resolve of the first 
day of April, in the year of our Lord one thousand eight 
hundred and thirty-four, and that a warrant be drawn 
therefor accordingly. 



CHAP. XL. 

Resolve for a Survey of Boston Harbor. 

March 5, 1835. 

Resolved^ That His Excellency the Governor, by and 
with the advice and consent of the Council, be authorized 
and requested to appoint three Commissioners, whose 
duty it shall be, to cause a survey to be taken of such 
portions of the harbor of Boston as are comprised between 
Boston South Bridge and the Dam of the Boston and 
Roxbury Mill Corporation, including the wharves and 
flats of East Boston and of Charlestown, and to define, 
upon a plan or plans, such lines as they shall think ex- 
pedient to establish, beyond which no wharves shall be 
extended into and over the tide waters of the Common- 
wealth, on either side of said harbor, and report their 
doings to the Governor and Council ; and said Commis- 
sioners shall give at least ten days notice in three papers 
published in Boston, of the time and place of their meet- 
ing, in order that all persons interested may appear, and 
be heard in relation to the same. 



TAXES. 97 



CHAP. XLI. 

Resolve to pay John H. Wheeler, 

March 5, 1835. 

Resolved, That there be allowed and paid by the 
Treasurer of this Commonwealth, to John H. Wheeler, 
the sum of five hundred and eighty-seven dollars and six- 
ty cents in full for the expenses of erecting additional 
seats in the western gallery of the House for the accom- 
modation of its members, by direction of the Committee 
on Public Buildings ; and that a warrant be drawn there- 
for accordingly. 



CHAP. XLH. 

Resolve for granting Taxes for the several Counties. 

March 9, 1835. 

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. 

13 



98 CLERKS OF THE GENERAL COURT. 

Resolved, That the sums placed against the names of 
the several Counties in the following schedule, be, and 
the same are hereby granted as a tax for each County res- 
pectively, to be apportioned, assessed, paid, collected, 
and applied for the purposes aforesaid, according to law, 
viz. 

County of Norfolk, thirteen thousand dollars, 13,000 

County of Hampshire, six thousand dollars, 6,000 

County of Plymouth, ten thousand dollars, 10,000 

County of Worcester, sixteen thousand dollars, 16,000 

County of Franklin, six thousand dollars, 6,000 

County of Berkshire, twelve thousand dollars, 12,000 

County of Barnstable, five thousand dollars, 5,000 

County of Dukes, six hundred dollars, 600 

County of Hampden, seven thousand dollars, 7,000 

County of Essex, twelve thousand dollars, 12,000 

County of Middlesex, eighteen thousand dollars, 1 8,000 

County of Bristol, sixteen thousand dollars, 16,000 



CHAP. XLIII. 

Resolve for the pay of the Clerks of the General Court. 

March 9, 1835. 

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 days 
attendance, they have been or may be employed in that 



STATE PRISON. 99 

capacity during the sitting of the present General Court, 
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 Library, 
as required by the orders of the two branches of the 
Legislature, and that a warrant be drawn accordingly. 



CHAP. XLIV. 



A Resolve for the enlargement of a Building connected 
with the State Prison. 

[March 10, 1835. 

Resolved, That the Warden of the State Prison, be, 
and he is hereby authorized to cause the building situated 
in the yard thereof, and now occupied as a blacksmith's 
shop, to be repaired and enlarged in such manner as the 
Inspectors of said Institution shall deem expedient, and 
to pay the expenses thereof out of the funds of said Pris- 
on ; provided, such expenses shall not exceed the sum of 
seven hundred dollars. 



100 MARY DWIGHT AND OTHERS. 



CHAP. XLV. 

Resolve on the Petition of the Inhabitants of the West 
Parish in Salisbury. 

March 10, 1835. 

Resolved, For reasons set forth in said petition, that the 
Assessors of the West Parish in Salisbury, be, and they 
are hereby empowered to sell, and convey, by deed, in 
fee simple, the tract of marsh belonging to said Parish, 
situated in said town, and containing about twelve acres, 
also a tract of woodland and pasture containing about 
twelve acres, situated in Southampton, in the County of 
Rockingham, State of New Hampshire, and appropriate 
the proceeds of said sale to repair their Parish buildings. 



CHAP. XLVL 

Resolve on the Petition of Mary Dwight and others. 

March 10, 1835. 

Resolved, For reasons set forth in said petition, that 
Benjamin Day, Esquire, of Springfield, in the county of 
Hampden, be, and he hereby is authorized to sell, either 
at public auction or private sale, and to give deeds, to 
convey all or any part of the real estate of which James 
Scutt Dwight, late of Springfield, deceased, testate, died 



MARY DWIGHT AND OTHERS. 101 

seized, and which has not heretofore been conveyed under 
the provisions of" the will of said James, and embracing 
as well the real estate, the use of which was by said will 
given to his widow, as any other estate, and consisting of 
the following parcels, viz : the homestead of said deceas- 
ed, bounded south on State street, east on land of George 
Bliss and others, northerly on James Wells, and westerly 
on heirs of Samuel Kingsbury and others ; also a meadow 
lot of about two and a half acres, bounded westerly on 
Main street, north on Union street, east on John Howard 
and others, and south on James Brewer and others ; also 
a pasture lot of about six acres, near the Armory, bound- 
ed north on Robert Emory, east on James Byers, and 
south and west on land lately Jonathan Dwight's ; also 
a lot of fifteen acres on Break Neck hill, bounded north 
and east on Lester Vanhorn, south on Thomas Bond, and 
west on said Bond and others ; also a wood lot of about 
nine acres, bounded north on Asher Hitchcock, east on a 
highway, south by the old Chickopee road, and west by a 
highway ; also a wood lot of about thirty-four acres, 
bounded north on Benjamin Brown, east on Zebina Steb- 
bins, south on Jemima Kingsbury and others, and west on 
Martin Brewer and others, all lying in said Springfield ; 
also the following tracts lying in West Springfield, viz : 
one of about three acres, in the neck, bounded north on 
John Ashley, east on Connecticut river, south on Chauncy 
Chapin, and west on Agawam river ; one tract in Ball 
swamp of about two acres, bounded north on a pond, 
south on Agawam river, east and west on Heman Day ; 
also one tract in the Pikle, of about two and a half acres, 
bounded south by Moses Bliss, west by Tilley Merrick, 
and north by land formerly Josiah Hitchcock's ; also 
Pews number forty, forty-nine, sixty, and seventy-six, on 
the lower floor, and number ten, sixteen, eighteen, and 



102 LAND AGENT. 

twenty-six, in the gallery of the church of the third Con- 
gregational Society in Springfield, and also any other real 
estate of which the said James died seized. And the said 
Day is hereby constituted a Trustee of all persons inter- 
ested in said estate ; and he shall retain the net proceeds 
of said sales, as such, and invest the same in stocks, or 
loan them on safe security, and shall annually pay over to 
Mary Dwight, the widow of said deceased, during her 
widowhood, the net income thereof, and upon the mar- 
riage or death of the said Mary, shall pay and distribute 
the principal thereof to the devisees of the said deceased, 
or their heirs, in the proportions specified in the will of 
said deceased, and according to the provisions thereof. 
Provided however, That the said Day shall first give bond 
to the Judge of Probate for the said county of Hampden, in 
such sum, and with such surety or sureties, as he may direct, 
for the faithful execution of the power hereby granted, 
and of the trust hereby created, and to account for and 
pay over the income and principal of the proceeds of said 
sales, as above specified, and according to the spirit and 
meaning of the provisions of the will of said deceased, and 
provided, further, that in case of the death or other 
incapacity of the said Day, the said Judge of Probate 
shall have power to appoint another Trustee in his stead. 



CHAP. XLVn. 

Resolve on the Accounts of the Land Agent. 

March 10, 1835. 

Resolved, That George W. Coffin, Land Agent of the 
Commonwealth, be, and he is hereby discharged from the 



PUBLIC LANDS. 103 

payment of twenty-eight thousand six hundred and thir- 
teen dollars and ninety-four cents, the receipt of which is 
acknowledged in his accounts with the Commonwealth, 
for the year ending January 31st, 1835; and that he 
be allowed to carry the balance amounting to three hun- 
dred and twenty-three dollars and eleven cents, now in his 
hands, to the credit of the Commonwealth, in a new ac- 
count. 



CHAP. XLVIIL 



Resolve concerning the Public Lands. 

March 12, 1835. 

Resolved^ That a Committee, consisting of one on the 
part of the Senate, and two on the part of the House, be 
appointed by the presiding officer of each branch of the 
Legislature, whose duty it shall be to examine personally 
the present condition of the Public Lands, and the laws 
and practices pertaining to the same, to collect what facts 
may be deemed useful to a more full understanding of 
their intrinsic, or relative value, and to report to the next 
Legislature a system for the management thereof. And 
said Committee, together with the Land Agent, is hereby 
authorized to employ such person or persons, as they may 
find necessary in the prosecution of their investigations, 
and to fill any vacancies that may occur in said Commit- 
tee ; and His Excellency the Governor, with advice of 
Council, is hereby authorized to settle the accounts of 
said Committee, and to draw his warrant upon the Treas- 
ury accordingly. 



104 JAMES DUNTON. 



CHAP. XLIX. 

Resolve in favor of Officers and Soldiers of the Revolution- 
ary War. 

March 12, 1835. 

Resolved, That there shall be paid out of the Treasury 
of this Commonwealth the sum of fifty dollars, to each 
non-commissioned officer and soldier of the war of the 
Revolution, who enlisted for a term of not less than three 
years, or during the war, and served a term of not less 
than two years and six months at one time, and was hon- 
orably discharged, who at the time of his enlistment was, 
and now is, an inhabitant of this Commonwealth, and who 
has not already received money or land, under the provis- 
ions of previous resolves, and to each widow of any such 
office.r or soldier, who was at the time of his decease, an 
inhabitant of this Commonwealth. And the Governor is 
hereby authorized to draw his warrant for the same ac- 
cordingly. 



CHAP. L. 

Resolve in favor of James Dunton, 

March 13, 1835. 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 



LIEUTENANT GOVERNOR. 106 

wealth to James Dunton, the sum of fifty dollars, for ser- 
vices rendered by him while a soldier of the revolution- 
ary war ; and that a warrant be drawn therefor. 



CHAP. LI. 

Resolve on the Petition of Harvey Chapin. 

March 13, 1835. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth to Harvey Chapin, the sum of two hun- 
dred and seven dollars and seventy cents, in full for his 
services and expenses in apprehending Calvin Barrett, a 
fugitive from justice ; and that a warrant be drawn 
therefor. 



CHAP. LII. 



Resolve for compensating the Lieutenant Governor, and 
Commander in Chief 

March 14, 1835. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to his Honor Samuel T. 
Armstrong, for the time he has, and may continue to ex- 
ecute the duties of Chief Magistrate, such sum, as togeth- 
14 



106 AMERICAN INSTITUTE. 

er with his compensation as Lieutenant Governor, shall 
make his pay, during such period, equal to that allowed 
by law to the Governor of this Commonwealth. 



CHAP. LIII. 

Resolve on the Petition of Humphrey Alden. 

March 14, 1835. 

Resolved, For reasons set forth in said petition, that 
the Land Agent is hereby empowered to execute a deed 
of two hundred acres of land to Humphrey Alden, or to 
pay him fifty dollars instead thereof, if he 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. 



CHAP. LIV. 

Resolve in aid of the American Institute of Instruction. 

March 14, 1835. 

Resolved, That there be paid annually, in the month of 
August, for the term of five successive years, to the direc- 
tors of the American Institute of Instruction, the sum of 
three hundred dollars, and that warrants be drawn ac- 
cordingly. 



MICHAEL SHEPARD. 107 



CHAP. LV. 

Resolve on the Petition of Mary Barburick. 

March 14, 1835. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth to Mary Barburick, the sum of fifty dol- 
lars, for services rendered by her late husband John 
Barburick, while a soldier in the revolutionary war ; and 
that a warrant be drawn therefor. 



CHAP. LVI. 

Resolve in favor of Michael Shepard. 

March 14, 1835. 

Resolved, That there be paid out of the Treasury of 
the Commonwealth to Michael Shepard, of Salem, the 
sum of fifty-six 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. 



108 SOCIETY OF NATURAL HISTORY. 



CHAP. LVII. 

Resolve on the Petition of Annas Barnard. 

March 14, 1835. 

Resolved^ For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth to Annas Barnard, the sum of fifty dol- 
lars, for services rendered by her late husband Jonathan 
Barnard, while a soldier of the revolutionary war ; and 
that a warrant be drawn therefor. 



CHAP. LVIII. 

Resolve in favor of the Boston Society of Natural History. 

March 14, 1835. 

Resolved, That there be allowed and paid out of the 
Treasury of the Commonwealth, to the Boston Society of 
Natural History, the sum of three hundred dollars, on the 
first day of May annually, for the term of five years, and 
that warrants be drawn therefor accordingly. 



PET. OF AARON HACKLEY & OTHERS. 109 



CHAP. LIX. 

Resolve on the Petition of Aaron Hackley, Seaman Scott, 
Nancy Scott, and Julia Scott. 

March 16, 1835. 

Resolved, That Aaron Hacklej of Richmond, in the 
County of Berkshire, guardian of James Scott of said 
Richmond, a non compos, be, and he is hereby authorized 
and empowered to sell at public vendue, and to make, 
execute, acknowledge, and deliver good and sufficient 
deed or deeds, to convey a certain farm of land situate in 
said Richmond, containing about sixty-one acres, and 
called the Scott Farm. Said farm consists of two parcels 
described as follows, viz. The first parcel contains about 
sixty acres, bounded west by the highway, north by lands 
of Alvan Crittenton, east by land of Erastus Rowley, 
and south by land of Henry Chamberlin and Henry W. 
Bishop. The second parcel contains one acre, and is 
bounded east by the same highway, and north-west and 
south by lands of Samuel Bartlett : provided, that the 
said Aaron Hackley shall give public notice of the time 
and place of such sale, by causing a notice thereof to be 
published in the Massachusetts Eagle, a newspaper pub- 
lished in Lenox in said County, three weeks successive- 
ly, the first publication to be thirty days at least before 
the sale. And provided, also, that the said Aaron Hack- 
ley shall first give bond with sufficient sureties to the 
Judge of Probate for the said County of Berkshire, that 
he will hold the proceeds of said real estate, subject to 



110 PRISON DISCIPLINE SOCIETY. 

the provisions of law, and the trust created by the last 
will and testament of Stephen Scott, late of said Rich- 
mond, deceased, and with such other conditions or con- 
dition if any, as said Judge of Probate may direct. 



CHAP. LX. 

Resolve on the Petition of Ahner Briggs. 

March 16, 1835. 

Resolved, For reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth, to Abner Briggs, the sum of fifty dollars, for ser- 
vices rendered by him in the revolutionary war, and that 
a warrant for the same be drawn accordingly. 



CHAP. LXI. 

Resolve making an allowance to the Prison Discipline So- 
ciety. 

March 16, 1835. 

Resolved, That there be paid out of the Treasury of 
the Commonwealth, to the Prison Discipline Society, the 
sum of one thousand dollars, being a part of the sum paid 
by said Society to the Chaplain of the State Prison, pre- 
vious to the year one thousand eight hundred and thirty- 
two. 



ALICE BAKER. Ill 



CHAP. LXII. 

Resolve on the Petition of Alice Baker. 

March 17, 1835. 

Resolved, For reasons set forth in said petition, that 
Alice Baker of Charlestown in the County of Middle- 
sex, widow, be, and she hereby is duly authorized and 
empowered to sell and dispose of the distil-house with 
the land and appurtenances thereto belonging, situate in 
said town of Charlestown, which were devised to her for 
life, remainder to her children in fee, by her father, Mat- 
thew Bridge, late of said Charlestown, deceased, and to 
invest the proceeds arising from said sale, in other real or 
personal estate, in the name and to the use of her the 
said Alice for life, and the remainder in fee to her chil- 
dren according to the provisions of said will, respecting 
said distil-house and land. Provided, the said Alice Ba- 
ker first give bond with sufficient sureties to the Judge of 
Probate for the County of Middlesex, that she will faith- 
fully cause the premises to be sold to the best profit and 
advantage, and will well and truly invest the proceeds 
which shall arise from such sale in the manner herein 
provided ; and any deed made and executed by the said 
Alice Baker of the premises aforesaid, in pursuance of the 
powers herein granted, and duly acknowledged by her, 
and recorded in the Registry of Deeds for the County of 
Middlesex, shall make a valid title in fee to the purchaser 
thereof. 



112 MESSAGE. 



CHAP. LXill. 

To the Honorable Senate, and 

House of Representatives. 

I transmit for the information of the Legislature sun- 
dry documents relating to the claim of the Commonwealth 
against the United States, which have been forwarded to 
me by the Hon. Levi Lincoln. These papers will con- 
vey all the information, in regard to the investigation, 
which has come into my possession since the chief magis- 
tracy has devolved upon me. Whatever it may be may 
my duty to do, in the further prosecution of this claim, 
will be done promptly ; and it is submitted to the wisdom 
of the two houses to determine whether new powers may 
be conferred to the attainment of beneficial results, or 
whether nothing remains for this Commonwealth but to 
suffer the wrong and be silent. 

SAMUEL T. ARMSTRONG. 

Council Chamber, March 19, 1835. 



CHAP. LXIV. 

Resolve on the Petition of Mary Neale, of Somerset, in the 
County of Bristol, Widow, 

March 17, 1835. 

Resolved, For reasons set forth in said petition, that 
all the right, title, and interest, which the Commonwealth 



RAINSFORD ISLAND. 113 

has, or might have in, and to the bounty lands granted by 
the United States, to her husband James Neale, late of 
said Somerset, deceased, for services rendered in the wry 
of the revolution, be, and the same is hereby quit-claimed 
and released to the said Mary Neale, and her heirs, and 
assigns forever ; the said lands being supposed to have 
escheated to the Commonwealth, for want of heirs of the 
said James Neale, deceased. 



CHAP. LXV. 

Resolve for the Protection of Rainsford Island. 
March 17, 1835. 

Resolved^ That the Lieutenant Governor with the ad- 
vice and consent of the Council, be, and hereby is authoriz- 
ed and empowered to cause a sea wall to be erected on such 
parts of the shore of Rainsford Island, in the harbor of 
Boston, as may be necessary to protect said Island from 
the ravages of the sea. 

Resolved, That the Lieutenant Governor with the ad- 
vice and consent of the Council, be authorized to appoint 
a suitable agent, to carry into effect the object of the pre- 
ceding resolve, and that warrants be drawn upon the 
Treasurer, from time to time, for such sums as may be 
necessary for this purpose, not exceeding in the whole, 
four thousand five hundred dollars. 



15 



114 TOWN OF ASHBURNHAM. 



CHAP. LXVI. 



Resolve on the Petition of the Congregational Parish in 

Canton, 

March 17, 1835. 

Resolved, For reasons set forth in said petition, that 
the Trustees of the Ministerial Fund, in the Congrega- 
tional Parish in Canton, are hereby authorized and em- 
powered to pay over to said Parish, a sum of money suf- 
ficient to discharge all debts and demands now existing 
against said Parish: provided, however, that the sum so 
to be paid, shall not exceed the amount which accrued 
from the sale of pews in their meeting-house. 



CHAP. LXVIl. 



Resolve to confirm the Records of the Town of Ash- 

burnham. 

March 17, 1835. 

On the petition of the inhabitants of the town of Ash- 
burnham, representing that a doubt has arisen whether 
the town Clerks of said town, were duly sworn from the 
year eighteen hundred and twenty-five, to the year eigh- 
teen hundred and thirty-one inclusive. 



URSULINE CONVENT. 116 

Resolved, That the doings of said inhabitants in town 
meeting, and the records thereof during the years afore- 
said, be, and they hereby are confirmed and made valid, 
and of the same eifect as though the town Clerks of said 
town, had during the time aforesaid, been duly sworn 
according to law. 



CHAP. LXVIII. 

Resolves relating to the destruction of the UrsuVme Con- 
vent at Mount Benedict. 

March 18, 1835. 

Resolved, That the Government of this Commonwealth 
is exclusively a Government of Laws, upon the main- 
tenance of which depends the security of life, liberty, and 
property ; and that all attempts to violate those laws, by 
the forcible interposition of the popular will, are destruc- 
tive of that security, and subversive of the first principles 
of our institutions. 

And whereas, it hath been made to appear, that the 
Convent of the Ursuline Community, situated upon 
Mount Benedict, in the town of Charlestown, was, with 
all its appendages, on the night of the eleventh of August 
last, destroyed by a lawless and ferocious mob, in defiance 
of the civil authority, and in open violation of the majesty 
of the laws ; 

Resolved, That this Legislature feels itself bound, in 
support of the Constitution, and in vindication of the 
honor of the Commonwealth, to declare its deliberate and 
indignant condemnation of such an atrocious infraction of 
the laws. 



116 PT. OF C. LEWIS & W. H. RICHARDSON. 



CHAP. LXIX. 

Resolve on the Petition of Charles Lewis, and William 
H. Richardson, Trustees under the deed of James 
D. Green. 

March 21, 1835. 

fVhereas, Charles Lewis and William H. Richardson, 
are Trustees for the benefit of Ezra Green, of Maiden, in 
the county of Middlesex, under the deed of the Rev. 
James D. Green, bearing date the nineteenth day of 
December, in the year of our Lord one thousand eight 
hundred and twenty-eight, and recorded in the Middlesex 
Registry of Deeds, book 287, page 61, by which deed 
the said James D. Green, conveyed to the said Charles 
Lewis, and William H. Richardson, one undivided moiety 
of certain lands and tenements, in said Maiden, in fee 
simple, subject, nevertheless, to the several trusts men- 
tioned and declared in the said deed ; and the said Lewis 
and Richardson have presented their petition, praying that 
they may be discharged from the said trust ; 

Resolved, That for the reasons set forth in the said 
petition, the said Charles Lewis, and William H. Rich- 
ardson be, and they hereby are authorized and required 
to re-convey to the said James D. Green, the said undi- 
vided moiety of the lands and tenements conveyed to 
them in trust, as aforesaid ; to have and to hold to him, 
the said James D. Green, and his heirs forever ; but upon 
the same trusts under which the said Lewis and Richard- 
son now hold the same. 



PT. OF C. LEWIS & W. H. RICHARDSON. 117 

Provided, That the said James D. Green, on receiv- 
ing the said conveyance from the said Lewis and Rich- 
ardson, shall give a sufficient bond to the Judge of Probate, 
for the said county of Middlesex, for the execution of the 
said trust, in the same manner as if he had been appoint- 
ed a Trustee, by the decree of the said Judge. 

Resolved, That if the said James D. Green, who is the 
owner in fee simple, of the other undivided moiety of the 
said lands and tenements held in trust as aforesaid, or his 
heirs, shall find it for his or their interest, to sell and con- 
vey his said moiety, or any part thereof, to any other 
person, then it shall be lawful for him or them, or any 
person whom he may by deed, or by his last will appoint 
for that purpose, to sell and convey, in fee simple, the 
moiety of the said lands and tenements, held in trust as 
aforesaid, or any part thereof, for the same price and upon 
the same terms as he or they shall sell the whole or such 
part of the other moiety, and the proceeds thereof shall 
cause to be safely invested, or loaned on interest, and the 
income and interest arising therefrom, shall apply and ap- 
propriate to the same trusts which are appointed and 
declared respecting the issues and profits of the said lands 
and tenements. And the said James D. Green, and his 
heirs shall account to the said Judge of Probate for the 
same, whenever he or they shall be thereto required. 



118 ADJUTANT GENERAL. 



CHAP. LXX. 

Resolve on the Petition of Nancy George. 

March 23, 1835. 

Resolved, That Nancy George of Wrentham in the 
County of Norfolk, Administratrix on the estate of Lewis 
George, late of said Wrentham, deceased, be, and she 
hereby is authorized and empowered to convey to James 
Fisher, one undivided half part of a certain tract of land, 
situate in said Wrentham, on the easterly side of Line 
Hill, so called, containing by estimation eighteen acres, 
more or less, bounded easterly by lands of Silas M. 
Hawes, and Jabez Pond, southerly by land of Ebenezer 
Blake, westerly by land of Jemima Hawes, and land of 
William C. Fisher, and northerly by land of the said Si- 
las M. Haw es, the same land having been purchased and 
paid for by the said James Fisher in the life time of the 
said Lewis George, deceased. 



CHAP. LXXl. 

Resolve authorizing the Adjutant General to release Land 
in the Towns of Barre and Monson. 

March 23, 1835. 

Resolved, That Henry A. S. Dearborn, Adjutant Gene- 
ral, be, and he hereby is authorized to release by deed to 



ADJUTANT GENERAL. 119 

any f erson or persons, all the right of this Commonwealth 
in and to a certain tract of land, in the town of Barre, on 
which the Gun-house now stands, and which was con- 
veyed to the Commonwealth by John Child, on the 
twenty-ninth day of May, in the year of our I^ord one 
thousand seven hundred and ninety-three, — beginning at 
a stake and stones on the line of land now or formerly 
owned by said Child, fronting the Common ; thence run- 
ning south twenty-five degrees east, two rods and ten 
links to a stake and stones, thence south fourteen de- 
grees west, three rods and four links to a heap of stones 
on a rock, thence west five degrees north, one rod and 
thirteen links to an oak tree, thence five rods and six 
links to the bound first mentioned : provided, that another 
tract of land, of the usual dimensions for erecting a gun- 
house thereon shall be conveyed to said Commonwealth, 
which in the opinion of the Adjutant General shall be 
suitable therefor, and that the said gun-house be removed 
on to the same, and be put into repair without any cost 
to the Commonwealth. 

And he it further resolved, That said Henry A. S. Dear- 
born, be, and he is hereby authorized to release by deed 
to any person or persons, all the right of this Common- 
wealth in and to a certain tract of land in the town of 
Monson, on which the Gun-house now stands, and which 
was conveyed to the Commonwealth by Joel Norcross, 
on the third day of July, in the year of our Lord one 
thousand eight hundred and seventeen, lying about seven- 
ty rods below the meeting-house in said Monson, on the 
east side of the turnpike, measuring in front on the said 
turnpike road twenty feet, and in rear twenty-six feet, 
bounded north-east and south on land now or formerly 
owned by said Norcross, and lying nearly opposite the 
south-east corner of the homestead belonging now or for- 



120 MESSAGE. 

merlj to Elisha Russ : provided, that another tract of 
land of the usual dimensions for erecting a gun-house 
thereon, shall be conveyed to said Commonwealth, which 
in the opinion of the Adjutant General shall be suitable 
therefor, and that the said gun-house be removed on to 
the same, and be put into repair without any cost to the 
Commonwealth. 



CHAP. LXXII. 

Resolve for preserving " Audubon's Illustrations.^'' 

March 23, 1835. 

Resolved, That Sidney VVillard, Esquire, Chairman of 
the Committee on the Library, be authorized and required 
to take measures for preserving " Audubon's Illustra- 
tions," now in the Library of the General Court, from fur- 
ther injury : provided, that the expense of such means 
shall not exceed one hundred dollars ; and that the Lieu- 
tenant Governor be authorized to draw his warrant on 
the Treasurer therefor. 



CHAP. Lxxni. 

To the Senate, and 

House of Representatives. 

Herewith are transmitted for consideration eleven re- 
turns of the election of Militia officers ; together with a 



MESSAGE. 121 

repoi't of the Attorney General made in rei)ly to questions 
proposed to that officer in reference to these returns. 

I respectfully ask the attention of the Legislature to 
this subject, as one of grave importance ; and will only add 
that, in compliance with what appears to me to be enjoined 
by the terms of the Constitution, commissions have been 
issued to the officers certified by these returns to have 
been elected. 

SAMUEL T. ARMSTRONG. 

Council Chamber, March 24, 1 835. 



CHAP. LXXIV. 



To the House of Representatives. 

In compliance with the request contained in your or- 
der of the 24th inst., I have the honor to acquaint you, 
that all the information, possessed by the Executive, of 
the situation of the appeal before the Supreme Judicial 
Court of the United States, in the case of the Charles 
River Bridge and the Warren Bridge, is derived from 
the Attorney General, by which it appears, that, at the 
term of the Court which has just closed, there being a 
vacancy on the bench, the cause was again continued, 
and now stands for argument, at the next term in Jan- 
uary, 1836; and that it is understood that the Supreme 
Court of the United States will not, usually, hear a cause, 
involving the validity of a State Law, unless all the Judges, 
by law to be appointed, are commissioned and present 
16 



122 DUKES COUNTY ACADEMY. 

on the bench ; so that it is not to be expected, that this 
cause will be again argued without a full Court. 

SAMUEL T. ARMSTRONG. 

Council Chamber, March 26, 1835. 



CHAP. LXXV. 

Resolve on the Petition of Francis Elliot. 

March 27, 1835. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth, to Francis Elliot, the sum of fifty dollars 
payable on demand, and the further sum of seventy-five 
dollars a year so long as he shall live, payable semi-annu- 
ally ; and that a warrant be drawn therefor. 



CHAP. LXXVI. 

A Resolve in aid of Dukes County Academy. 

March 28, 1835. 

Resolved, That there be allowed and paid to the Trus- 
tees of Dukes County Academy, out of any monies in 
the Treasury not otherwise appropriated, the sum of three 
thousand dollars, and that a warrant be drawn therefor. 



PETITION OF J. SEWALL & OTHERS. 123 

Provided, nevertheless, That this Resolve shall have no 
effect unless the said Trustees shall, within a year from 
its passage, make it appear to the satisfaction of the Gov- 
ernor and Council that they have raised and secured to 
the Academy an equal amount of three thousand dollars, 
including the value of the building already erected. 



CHAP. LXXVII. 



Resolve on the Petition of Joseph Sewall, Samuel May, 
and Thotnas R. Seivall. 

March 30, 1835. 

Resolved, That the said petitioners, be, and they here- 
by are empovv^ered to sell, either by public auction, or 
private sale, and on such terms as they may think best 
for the parties interested, and to execute a good and suffi- 
cient deed or deeds, to convey " a certain lot of land with 
the dwelling house and outhouses thereon standing, situ- 
ate in Boston in the County of Suffolk, in Federal Court, 
butted and bounded as follows, to wit : easterly on a pas- 
sage way up said Court, twenty-eight feet, southerly on 
land formerly of Stephen Higginson, Esquire, seventy- 
nine feet, westerly on land formerly of Ebenezer Parsons, 
twenty-eight feet, and northerly on land formerly of John 
Fillebrown, seventy-nine feet, with the privilege of pass- 
ing and repassing in the passage way from Federal Street 
up to the head of said Court ; also another piece of land 
situate in said Boston, Ij'ing south-easterly of a passage 
way running from Summer Street in the rear of the eas- 



124 PETITION OF J. SEWALL & OTHERS. 

terly side of Winthrop Place, butted and bounded as fol- 
lows, to wit ; south-easterly on the land before described, 
and on land now or late of David Tilden's heirs, fifty-five 
feet and two inches ; north-easterly on said passage way 
from Summer Street, eleven feet four inches and a quar- 
ter ; north-westerly on said passage way fifty-eight feet 
and three inches ; south-westerly on land of McLellan 
and Cutter, thirty feet and four inches, with the right of 
passage in and over said passage way from Summer 
Street, for the purpose of bringing wood or any other ar- 
ticles for the use of any family occupying the premises 
first above described, and all other privileges and appur- 
tenances to the above described pieces of land and each 
of them belonging ; the proceeds of such sale either in 
whole or in part to be invested by said petitioners in bank 
stock, funds, or other safe stock, or to be loaned by them, 
either in whole or in part, taking security on mortgage 
for such loans, with power for said petitioners, the survi- 
vors and survivor of them, to alter and change any invest- 
ment which they make whenever it shall be thought ex- 
pedient. 

Provided, that the said Joseph Sewall, Samuel May, 
and Thomas R. Sewall shall, before making such sale, 
give a bond with sufficient sureties to the Judge of Pro- 
bate for the County of Suffolk, conditioned that they 
will pay over the net income of the proceeds of said sale 
to Joseph May of Boston in the County of Suffolk, Es- 
quire, during his natural life, and after his death, will pay 
and divide the said proceeds in whatever manner they 
may be invested, to and among the same persons who 
would have been entitled to shares in the real property 
described and conveyed in an indenture of three parts, 
dated November 10, 1802, to which Stephen Higginson, 
Junior was party of the first part, Samuel Salisbury and 



REVISED STATUTES. 126 

Joseph Sewall, of the second part, and Joseph May and 
Dorothy his wife, of the third part, recorded in the Regis- 
try oi^ Deeds in the County of Suffolk, book two hundred 
and six, page thirty-nine, and in the same proportions. 



CHAP. LXXVIII. 

Resolves concerning the revision of the Statutes of the 
Commonwealth. 

April 1, 1835. 

Resolved, That the Secretary of the Commonwealth be 
directed to transmit, as soon after it is published as may 
be, one copy of the first part of the Report of the Com- 
missioners appointed to revise the laws, to each member 
of the Council, and of the General Court ; one copy to 
each of the Judges of the Supreme Judicial Court, and 
Court of Common Pleas ; and one copy to each of the 
prosecuting officers of the Commonwealth ; and one dupli- 
cate copy thereof interleaved with blank leaves to each 
of the Committee appointed to sit in the recess to exam- 
ine the same ; and that he be further directed to transmit 
to each of the Judges and Registers of Probate, each of 
the Standing Justices of the several Police Courts in the 
Commonwealth, and to the Selectmen of each town and 
district in the Commonwealth, one copy of each of the 
four parts of said Report, the latter for the use of said 
towns and districts respectively, and also to deliver, to 
each of said Commissioners and said Committee, one 
printed copy of the laws of the present session of the 
General Court. 



126 CITY OF BOSTON. 

Resolved, That the Secretary be further directed to 
transmit to each of the persons and towns and districts 
above enumerated, one copy of all the printed amend- 
ments and alterations proposed to the said Commission- 
ers' Report by the said Committee, whenever the same 
shall be published. 

Resolved, That there be allowed and paid, to each mem- 
ber of the Committee appointed to examine the report of 
said Commissioners, the sum of three dollars, for each and 
every days attendance at the meeting of said Committee 
in the recess of the General Court, and two dollars for 
every ten miles travel from their respective places of 
abode to the place of the sitting of the said Committee, 
once during its session, and that a warrant be drawn ac- 
cordingly. 

Resolved, That said Committee be authorized to make 
such allowance to their clerk for his services as they may 
deem just and proper, and that his pay be made up on 
the pay roll of said Committee. 



CHAP. LXXIX. 

Resolve for paying the City of Boston for expenses in re- 
pairing buildings and fences on Rainsford Island. 

April 1, 1835. 

Resolved, That there be allowed and paid, out of the 
Public Treasury to the city of Boston, the sum of twelve 
hundred and twenty-two dollars, seventeen cents, being 
the amount expended in repairing buildings and fences 



MASSACHUSETTS CLAIM. 127 

on Raiiisford Island, since the year one thousand ei^ht 
hundred and thirty-one, and that a warrant be drawn 
therefor. 



CHAP. LXXX. 

Resolve in favor oj Joseph Breed, 3d, and Elijah Bolt- 
wood. 

April 1, 1835. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to Joseph Breed, od, of 
Lynn, the sum of ten dollars, and to Elijah Boltwood, of 
Amherst, the sum of four dollars, being the amount 
omitted on the pay roll of their attendance as members 
of the last General Court ; and that a warrant be drawn 
therefor. 



CHAP. LXXXI. 

A Resolve respecting the Massachusetts Claim. 

Aprils, 1835. 

Resolved, That, in the opinion of this Legislature, tfie 
allowance and payment of the suspended portion of the 
claim of the State of Massachusetts on the United States, 
for expenses and disbursements in defending its territory, 



128 MASSACHUSETTS CLAIM. 

during the late war with Great Britain, has been unrea- 
sonably delayed ; and that the most efficient measures 
ought immediately to be adopted to urge the same before 
the proper officers, and, if necessary, to make application 
to Congress for some further provision to insure prompt 
attention to the claim, and a speedy and reasonable settle- 
ment. 

Resolved, That His Honor the Lieutenant Governor 
be, and he hereby is authorized and requested, by and 
with the advice of the Council, to appoint some suitable 
person to be Agent of this Commonwealth, for the prose- 
cution of the said claim, before the proper officers of the 
United States, and, if necessary, before Congress ; and 
that such agent, when so appointed, shall have power, 
either by himself, or by such other person or persons, as 
he may employ for that purpose, to procure all such testi- 
mony under oath, or otherwise, as he may think neces- 
sary in the prosecution of the claim. 

Resolved, That His Honor the Lieutenant Governor, 
with the advice of the Council, is hereby authorized to 
draw his warrants from time to time on the Treasury, for 
such sums out of the monies in the Treasury heretofore 
appropriated, to defray the expenses of adjusting said 
claim, and now remaining unexpended, as shall be neces- 
sary to carry into full effect the foregoing Resolves. 



PAY OF COUNCIL, SENATE & HOUSE. 129 



CHAP. Lxxxn. 

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

April 4, 1835. 

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 
days attendance as such, the present political year, and 
the like sum of two dollars, for every ten miles travel, 
from their respective places of abode, once in each session, 
to the place of the sitting of the General Court ; and also 
to each member of the Council two dollars for each days 
attendance at that board, at every session thereof during 
the present political year, and the like sum of two dol- 
lars, for every ten miles travel from their respective places 
of abode, once in each session thereof; and to the Presi- 
dent of the Senate, and Speaker of the House of Repre- 
sentatives, and also to the President of the Senate, pro 
tempore, and the Speaker of the House, pro tempore, 
each two dollars, for each and every days attendance, in 
addition to their pay as members. 



17 



130 GEOLOGICAL SURVEY. 



CHAP. LXXXIIL 

Resolve in favor of John V. Low. 

April 4, 1835. 

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. LXXXIV. 

Resolve for the distribution of the Report of the Geological 
Survey of this Coriwionwealth. 

April 4, 1835. 

Resolved, That His Honor the Lieutenant Governor 
be authorized and requested to transmit to the several 
institutions and persons following, a copy of the second 
edition of the Geological Survey of the Commonwealth, 
to wit : to Bowdoin College, Waterville College, Dart- 
mouth College, Vermont University, Middlebury College, 
Harvard College, Williams College, Amherst College, 
Brown University, Yale College, Washington College, 
Wesleyan University, being all in New England ; also to 



GEOLOGICAL SURVEY. 131 

Columbia College, and Union College, N. Y. ; Prince- 
ton College, N. J. ; Pennsylvania University, in Phila- 
delphia; Maryland University, Columbia College, D. 
C; William and Mary College, and the University of 
Virginia, Va. ; North Carolina University, South Caroli- 
na College, Georgia University, Alabama University, Jef- 
ferson College, Mississippi; Louisana College, Nashville 
University, Tennessee; Transylvania College, Kentucky; 
Ohio University, Indiana College, and Illinois College ; 
also to the Theological Institutions at Andover and New- 
ton, Mass. ; also to the American Academy of Arts and 
Sciences, American Philosophical Society, Franklin So- 
ciety of Providence, Essex County Association of Teach- 
ers, Essex Historical Society, Boston Athenaeum, Boston 
Natural History Society, Essex Natural H^istory Society, 
Nantucket Athenaeum, the New Hampshire Historical So- 
ciety ; all incorporated academies in the Commonwealth 
who have not received a copy of said work ; the Massa- 
chusetts Horticultural Society ; American Geological So- 
ciety, New Haven ; Academy of Natural Sciences, Phila- 
delphia, Pennsylvania Geological Society, and the Ly- 
ceum of New York. Also to the following foreign socie- 
ties and persons, viz : the London Geological Society. 
Philosophical Society, Cambridge, England. Professor 
Buckland, Oxford, (for a Society for Physical Science.) 
Geological Society of Cornwall, Eng. Natural His- 
tory Society, Belfast, Eng. Royal Society at Edin- 
burgh. Wernerian Society, Edinburgh. National Insti- 
tute of France. Geological Society of France. Profes- 
sor Leonhard, Heidelberg, Germany. Professor Agas- 
sitz, Univ. Neufchatel, Switzerland. Professor Jacob 
Berzellius, Stockholm, Sweden. Professor Ferrara, Pa- 
lermo, Sicily. M. Alexander Brongniart, Paris ; (for 
such Institutions of Physical Science with which they are 



132 BOSTON HARBOR. 

connected as they may think best.) Royal Mineralogi- 
cal Society of Dresden. Natural History Society of 
Halle. Imperial Agricultural Society of Moscow. Flor- 
ence University. Geneva Public Library; and Royal So- 
ciety of England. Also to Rev. Mr. Bird, Missionary at 
Beyroot, and Rev. Mr. Robinson, Syra, Greece, (for the 
promotion of Geological Science.) 

Resolved, That the copies of the Geological Survey, 
which shall remain, after the distribution provided for in 
the preceding resolution, be placed at the disposal of the 
Executive of the Commonwealth. 



CHAP. LXXXV. 

Resolve making an appropriation for the Survey of Boston 

Harbor. 

April 6, 1835. 

Resolved, That the Governor, with the advice of Coun- 
cil, be, and he hereby is authorized to draw his warrant 
on the Treasurer of the Commonwealth, for such sum or 
sums of money, not exceeding in the whole five thousand 
dollars, as may be necessary to carry into effect a resolve 
for a Survey of Boston Harbor, passed on the fifth day of 
March, one thousand eight hundred and thirty-five. And 
the Governor and Council are further authorized and em- 
powered to audit and allow the account of the Commis- 
sioners appointed to make said survey. 



STATE LUNATIC HOSPITAL 133 



CHAP. LXXXVI. 



Resolve making an appropriation for the Quarter Master 
GeneraVs Department. 

April 6, 1835. 

Resolved, That the sum of three thousand, nine hundred 
dollars, be, and hereby is appropriated, to defray the ex- 
penses of the Quarter Master General's Department, and 
that His Honor the Lieut. Governor, with the advice of 
Council, be requested to draw his warrant on the Treas- 
ury for the same, for such sums, and at such times, as the 
public service shall require, in favor of the Acting Quarter 
Master General, for the faithful application of which he 
is to be accountable. 



CHAP. LXXXVII. 

Resolves for enlargitig the State Lunatic Hospital. 

April?, 1835. 

Resolved, That His Honor the Lieutenant Governor, 
by and with the advice and consent of the Council, be, 
and he hereby is authorized and empowered to appoint a 
board of three or five commissioners, who shall cause to 
be erected in some suitable spot, so near to the present 



134 MESSENGER OF GENERAL COURT. 

State Lunatic Hospital at Worcester, as that the Superin- 
tendent of said Hospital can conveniently have the charge 
and oversight of the same, an additional building, suffi- 
ciently large to accommodate one hundred insane persons, 
with a suitable number of overseers or attendants. 

Resolved^ That, to defray the expenses of erecting said 
additional building, and all the requisite appurtenances 
thereof, and for furnishing the same, there be granted and 
appropriated from the Treasury of this Commonwealth, 
the sum of twenty-five thousand dollars, one half to be 
drawn by warrant on the Treasurer during the current 
political year, and the other half in the year ensuing. 



CHAP. LXXXVHL 

Resolve to pay the Messenger of the General Court. 

April 7, 1836. 

Resolved, That there be allowed and paid out of the 
Treasury, to the Messenger of the General Court, for his 
services as such, and for his care of the State House, and 
all other services rendered by him, including those men- 
tioned in a Resolve passed on the nineteenth day of Octo- 
ber, 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 warrants be drawn ac- 
cordingly. 



PETITION OF JOEL FITCH. 135 



CHAP. LXXXIX. 

Resolve on the Petition of Joel Fitch, Administrator upon 
the estate of Joseph Wilson, deceased. 

April 7, 1835. 

Resolved, That, for the reasons set forth m said petition, 
Joel Fitch, administrator of the estate of Joseph Wilson, 
late of Bedford, in the County of Middlesex, be, and he 
hereby is authorized, at any time within six months after 
the passing of this Resolve, to make and file in the Pro- 
bate 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 said deceased, 
situated in said Bedford, and which he the said Joel was 
licenced to sell by virtue of an order from the Probate 
Court, holden at Concord, within and for the County of 
Middlesex, on the seventh day of September, in the year 
of our Lord one thousand eight hundred and thirty ; and 
such reasonable notice being given to all persons interest- 
ed in such real estate, as the Judge of said Court 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 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 effectual for all pur- 
poses, as if the same had been made and filed in said Pro- 
bate Office, within the time prescribed by law. 



136 PETITION OF STEPHEN WESTCOTT. 



CHAP. XC. 

Resolve on the Petition of Stephen Westcott. 

April?, 1835. 

Resolved, For reasons set forth in said petition, that 
Stephen Westcott, of Foxborough, in the County of Nor- 
folk, administrator of the estate of Richard Everett, late 
of said Foxborough, deceased, be, and he is duly author- 
ized and empowered to make, execute, and deliver, in due 
form of law, a deed, to pass and convey to John M. Eve- 
rett, of said Foxborough, the following described real 
estate, to wit : " an acre and a half of land, more or less, 
situated in said Foxborough, bounded as follows, to wit ; 
beginning at the southwesterly corner of the said John 
M. Everett's land, on the road leading from Foxborough 
to Wrentham, thence westerly four rods and nine twenty- 
fifths of a rod to a stake on the southwesterly corner of 
said premises, thence northerly to a stake on the line of 
Daniel Everett's land, thence easterly on the said Daniel 
Everett's land to land of the said John M. Everett, thence 
southerly by land of the said John M. Everett to the first 
mentioned bound ;" and that such deed, so executed by 
said petitioner, shall have full eflect to pass all the right 
which the said Richard Everett had in the premises, at 
his decease, to the said John M. Everett, his heirs and 
assigns forever. 



TIMOTHY BAILEY. 137 



CHAP. XCI. 

Resolve in favor of Officers and Soldiers of the Revolu- 
tionary War. 

April 7, 1835. 

Resolved J That the " Resolves for Grants to certain 
Officers and Soldiers of the Revolutionary War" which 
were passed on the twenty-seventh day of March, in the 
year of our Lord one thousand eight hundred and thirty- 
three, and extending to the fourth day of March, in the 
year of our Lord one thousand eight hundred and thirty- 
five, be extended to all such persons as have proved their 
claims, but have neglected to make their election of land 
or money prior to the said fourth day of March. 



CHAP. XCII. 

Resolve on the Petition of Timothy Bailey. 

April 7, 1835. 

Resolved, For reasons set forth in said petition, that 
Timothy Bailey as administrator of the estate of Isaac 
Stiles, late of Maiden in the County of Middlesex de- 
ceased, be, and he hereby is authorized to make, execute, 
and deliver, in due form of law, a deed to pass and con- 
vey to Nathan Robinson, a lot of land which was pur- 
18 



138 TIMOTHY BAILEY. 

chased of William Porter, situate on the road leading from 
Maiden to Stoneham, and that such deed so executed by 
said petitioner, shall have full effect to pass all the right 
which the said Isaac Stiles had in the premises at his de- 
cease, to the said Nathan Robinson, his heirs and assigns 
forever. 



CHAP. XCIII. 

Resolve on the Petition of Timothy Bailey. 

April?, 1835. 

Resolved, For reasons set forth in said petition, that 
Timothy Bailey as administrator of the estate of Isaac 
Stiles, late of Maiden, in the County of Middlesex, de- 
ceased, be, and he hereby is authorized to make, execute, 
and deliver in due form of law, a deed to pass and convey 
to Elisabeth Wait, a lot of land which was purchased of 
Jacob Cheever and Warren Simmons, containing one 
acre and a half, and that such deed, so executed by said 
petitioner, shall have full effect to pass all the right which 
the said Isaac Stiles had in the premises at his decease, 
to the said Elizabeth Wait, her heirs and assigns forever. 



REBECCA WARDEN. 139 



CHAP. XCIV. 

Resolve on the Petition of Timothy Bailey. 

April?, 1835. 

Resolved, For reasons set forth in said petition, that 
Timothy Bailey, as administrator of the estate of Isaac 
Stiles, late of Maiden in the County of Middlesex, de- 
ceased, be, and he hereby is authorized to make, execute, 
and deliver in due form of law, a deed to pass and convey 
to Theodore L. Stiles, an undivided half part of a pew in 
the Brick Meeting-house in Maiden, numbered twenty- 
three, and such deed so executed by said petitioner, shall 
have full effect to pass all the right which the said Isaac 
Stiles had in the premises at his decease, to the said 
Theodore L. Stiles, his heirs and assigns forever. 



CHAP. XCV. 

Resolve in favor of Rebecca Warden. 

April 7, 1835. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth to Rebecca Warden, the sum of fifty dol- 
lars, for services rendered by her late husband in the revo- 
lutionary war, and that a warrant be drawn accordingly. 



140 CHAPLAINS— FUEL. 



CHAP. XCVL 

Resolve to Pay the Chaplains. 

April 7, 1835. 

Resolved^ That there be allowed and paid out of the 
Treasury to the Rev. Hubbard Winslow, Chaplain of the 
Senate, the sum of sixty dollars, and to the Rev. Geo. W. 
Blagden and the Rev. Ezra S. Gannett, Chaplains of the 
House of Representatives, the sum of thirty dollars each, 
and that warrants be drawn therefor. 



CHAP. XCVII. 

Resolve to provide for Fuel, and for other purposes. 

April 7, 1835. 

Resolved, That there be paid out of the Treasury, to 
the 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 Se- 
cretary, Treasurer, and Adjutant General ; he to be ac- 
comitable for the expenditure of the same — and that a 
warrant be drawn therefor. 



PRENTISS HOBBS. 141 



CHAP. XCVIII. 

Resolve on the Petition of Prentiss Hobbs, Trustee under 
the Will of Sally Humphrey. 

April 7, 1835. 

On the Petition of Prentiss Hobbs, Trustee under the 
Will of said Sally Humphrey, deceased, praying that he, 
as Trustee of one undivided third part of certain real 
estate, described in said Petition, and by him holden in 
trust for the use and benefit of her son, Henry Hum- 
phrey, as is set forth in said Will, and that he as Trus- 
tee also of one other undivided third part of said real 
estate, held by him in trust for the use and benefit of said 
Testatrix's daughter, Harriet Ayer, wife of Samuel W. 
Ayer, as is also set forth in said Will, may be authoriz- 
ed and empowered to sell and convey the same for the 
benefit of said Cestuis que trust. 

Resolved, For the reasons set forth in said petition, that 
the said Prentiss Hobbs, trustee as aforesaid, be, and he 
is hereby authorized and empowered to sell by public auc- 
tion, for the benefit of the said Cestuis que trust, the said 
two undivided third parts of said real estate, to wit ; two 
undivided third parts of a certain dwelling house, with the 
land thereto belonging, situate at the corner of Hamilton 
Street, and Humphrey Place, so called, in said City of 
Boston, and bounded southerly on said street, there mea- 
suring fourteen feet and seven inches; easterly on said 
Humphrey Place, there measuring eighty feet ; northerly 
on a passage way, there measuring fourteen feet and ten 



142 PRENTISS HOBBS. 

inches ; and westerly, on land now, or late, of Samuel 
Friend, there measuring seventy-nine feet and six inches ; 
be the said admeasurements, more or less, or however 
otherwise bounded, and to make, execute, acknowledge, 
and deliver, good and sufficient deed, and deeds thereof to 
the purchaser and purchasers, and a sufficient release and 
discharge for the purchase money ; and such deed and 
deeds when duly recorded, shall pass to the purchaser and 
purchasers all the right, title, and interest, which the said 
testatrix had therein. Provided however, that the said 
Prentiss Hobbs, trustee, as aforesaid, shall first give bond 
with sufficient surety or sureties to the Judge of Probate 
for the County of Suffi)lk, that he will observe the rules 
and directions at law, for the sale of real estate by execu- 
tors and administrators, and in all things relating to said 
sale govern himself by the laws of said Commonwealth, so 
that the interest of said Cestuis que trust shall be best se- 
cured ; and thereof, and of his whole proceedings in the 
premises, render upon oath, a just and true account to the 
Judge of Probate for said County, when, and so often, as 
he shall be thereto required, and make payment of the net 
proceeds of said sales to be held in trust, be applied, and 
appropriated respectively, according to the provisions con- 
tained in said will ; and take the oath required to be taken 
by executors and administrators previous to the sale of real 
estate, and shall also give notice of the time and place of 
said sale by publishing the same three weeks successively, 
in the Boston Daily Advertiser and Patriot, a newspaper, 
printed in Boston. And the said Prentiss Hobbs, trustee 
as aforesaid, is hereby empowered to perpetuate the evi- 
dence, 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 prescribed for 
executors and administrators respecting the sale of real 
estate, and perpetuating of the evidence thereof. 



INDIAN SCHOOLS. 143 



CHAP. XCIX. 

Resolve concerning Registers of Deeds. 

April?, 1835. 

Resolved, That the several registers of deeds of this 
Commonwealth, be, and they hereby are required to re- 
turn to the Secretary of the Commonwealth, on or before 
the first day of January next, statements of the number 
of deeds or other instruments recorded by them, in the 
years of our Lord one thousand eight hundred and thirty- 
three, and one thousand eight hundred and thirty-four, 
the amount of fees paid to them therefor, the amount paid 
by them into the Treasury of their respective counties, the 
number of pages in their books of registry covered by 
the records of said deeds and other instruments. 



CHAP. C. 

Resolve in aid of Common Schools among the Indians in 
Dukes County. 

April 7, 1835. 

Resolved, That there be allowed and paid out of the 
Treasury of the Commonwealth, to the Judge of Probate, 
for Dukes County, the sum of fifty dollars, on the first day 
of January annually, during the pleasure of the Legisla- 
ture, to be applied in aid of the support of common schools 



144 LOVEL W. BURDIN. 

among the Indians, in said County, under the superintend- 
ance of the Missionary residing among them — and that 
warrants be drawn therefor accordingly. Provided, how- 
ever, that the said Missionary shall, on, or before the first 
day of November of each year, make a return of the con- 
dition of said schools, in the form and manner prescribed 
in the " act providing for the distribution of the income 
of the Massachusetts School Fund." 



CHAP. CI. 

Resolve on the Petition of Lovel W. Burdin. 

April 7, 1835. 

Upon the petition of Lovel W. Burdin, Administrator of 
Joel Burdin, late of Dalton in the County of Berkshire, 
deceased. 

Resolved, That the said Lovel W. Burdin for the rea- 
sons set forth in said petition, be, and he is hereby au- 
thorized and empowered to make, execute and deliver in 
due form of law, a deed to pass and convey to Alpheus 
Burdin of Windsor, in said County of Berkshire, the fol- 
lowing described real estate, to wit : " a certain farm 
situate in said Windsor, containing about fifty acres of 
land, and is north of the place where Alpheus Burdin has 
lived about twenty years ; bounded north by lands of 
Horace and Henry Brown, and Hiram Dean, on the east 
by lands of Burnit Pratt and Joseph Warren, on the south 
by lands of said Alpheus Burdin, and west by land of 
Horace Brown, and is a part of the land conveyed to said 



ISAAC MANSFIELD. 145 

intestate by Reuben Smith and others." And that such 
deed so executed by said petitioner, shall have full effect 
to pass all the right which the said Joel Burdin had in 
the premises at his decease, to the said Alpheus Burdin, 
his heirs and assigns forever. 



CHAP. CII. 

Resolve on the Petition of Isaac Mansfield. 

April 7, 1835. 

On the petition of Isaac Mansfield of Boston in the Coun- 
ty of Suffolk, Guardian of Nancy Williams, a minor, 
daughter of Thomas Williams late of Chelsea in said 
County, gentleman, deceased, praying that said pe- 
titioner maybe authorized to mortgage, or to sell, such 
part of the real estate hereinafter described, belonging 
to said minor, as he may judge expedient, and the pro- 
ceeds of said sale or mortgage to invest in building on 
said estate, or in extending the wharf on said estate ; — 

Resolved, For the reasons set forth in said petition, 
that the said Isaac Mansfield, guardian as aforesaid, be, 
and he hereby is authorized and empowered to mortgage 
or to sell at private sale, for the purpose of raising a sum 
not exceeding forty-five hundred dollars, so much as shall 
be necessary for said purpose, and as to him shall appear 
expedient, of the interest of said minor above named, in a 
certain piece or parcel of land situated at the corner of 
Commercial and Hanover streets in the city of Boston ; 
beginning at the south-east corner of said Commercial and 
19 



146 ISAAC MANSFIELD. 

Hanover streets, and running westerly about ninety-feet 
to the land of Isaac Harris, thence running north-east by 
said Harris's land to the channel, thence turning and run- 
ning south-east by the channel about ninety feet to the 
City dock so called, then turning and running by the 
line of said City dock in a south-west direction till it 
meets the point of beginning ; which estate was inherited 
by said minor as heir at law of said Thomas Williams, 
and by deed duly executed, acknowledged, and recorded, 
to convey the same to the purchaser or purchasers there- 
of, in as full and ample a manner as said minor could con- 
vey the same, were she of full age, and the proceeds of 
said sale or mortgage to invest in building on said estate 
or in extending said wharf, as to him shall seem most for 
the interest of said minor. Provided, said guardian first 
take an oath before the Judge of Probate in and for the 
County of Suffolk, to act faithfully, impartially, and ac- 
cording to his best skill and judgment in the premises, 
and give bonds with sufficient surety to the said Judge, 
to act as aforesaid in making said sale or mortgage, and 
faithfully to account for, and apply the proceeds of said 
sale or mortgage to the purposes aforesaid ; and provided, 
also, that the other persons interested in said estate shall 
join in proportion to their respective interest in paying 
the expenses of erecting buildings, or extending said 
wharf. 



WILLIAM PARKER. 147 



CHAP. cm. 

Resolve on the Petition of William Parker. 

April 7, 1835. 

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 Supreme Ju- 
dicial Court, did sell and pass deeds of the interest of Isa- 
bella 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 hereby authorized, at any 
time within two months after the passing of this resolve, 
to make and file, in the Probate 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 per- 
sons interested in such real estate, as the Judge of Pro- 
bate 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, in- 
terested as aforesaid, appearing and showing 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 effectual for all purposes as if 
the same had been made and filed in said Probate OflSce 
within the time prescribed by law. 



148 CITY OF BOSTON. 



CHAP. CIV. 

Resolve on the Petition of the City of Boston. 

April 8, 1835. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid, out of the public Treasury, to 
the City of Boston, twenty-five hundred forty-two dollars, 
eighty-seven cents, the same being in full discharge of the 
same amount paid by said City for the support of State 
pauper lunatics, in the Lunatic Asylum at Worcester. 



ROLL, No. 109 JAN. 1835. 



The Committee on Accounts, having examined the 
several accounts for the support of State Paupers, which 
have been presented to them, report, 

That there are due to the several corporations and 
persons hereinafter mentioned, the sums set to their 
names repectively, w^hich, when allowed and paid, will 
be in full discharge of said accounts to the dates therein 
mentioned. 

By order of the Committee, 

DAN'L SHATTUCK, Chairman, 
March 7, 1835. 



PAUPER ACCOUNTS, TO JANUARY 1, 1835. 

Ashfield, for support of Charles Simpson, adult, 
and Joseph, Sarah and George Harvell, chil- 
dren, 10 46 

Amesburj, for support of Robert Baker, adult, 36 50 

Ashburnham, for support of Wm. and Hiram 

Stinager, adults, 73 00 

Andover, for support of Sukey Hornsby, Flora 



150 PAUPER ACCOUNTS. 

Chandler, Dinah Chadwick, Rosanna Coburn, 
Mary Haley, Louisa Ann Osborn, Jane Jack- 
son, Luke and Olive Wimes, Bridget Cook, 
John Foster, Mary Smith, adults, Hannah 
Highland, Lyman, George, Joshua and Mary 
Ann Haley, Catharine Cook, and Mary 
Smith, funeral expenses of Mary Ann Haley, 359 50 

Alford, for support of Wealthy Harrison, and 
Clarissa Kelley, adults, Minerva Smith and 
James Vansburg, children, (see 2d acct.) 62 86 

Adams, for support of Phila Hill, Lydia Town- 
send, Sarah Dodge, Sarah Goodridge, Agnes 
Moore, Orson Kenney, Polly Martin, Sarah 
Martin, Timothy Shippey, Mark and Free- 
love Estes, adults, Caty and Jane Shepard, 
Sarah Van Rensallear, Adeline Witherell, and 
William Welsh, children, and funeral charges 
for Orson Kenney, 386 34 

Attleborough, for support of Nancy Braton, 
alias Green, Peter Cullon, John McGee, 
Francis Koah, Jeremiah Lane, John Tucker, 
John Sullivan, John Boyle, James Kavanagh, 
James Lyons, Patrick Canoton, and Josiah 
Foster, adults, 72 30 

Amherst, for support of Jam. and Polly Rich- 
ardson, Peter and Sarah Jackson, and Mary 
Ann Everett, adults, Angelina Palmer, child, 154 24 

Alford, for support of W^ealthy Harrison, adult, 

Minerva Smith, child, to January 1, 1834, 58 40 

Barnstable, for support of John Robinson, 

Thomas Black and Hannah Walker, adults, 80 80 

Blandford, for support of John H. Duncan, Su- 
san Burdick, Polly Burdick, and Lucretia 
Wads worth, adults, 146 00 

Belchertown, for support of Hannah Levins, 



PAUPER ACCOUNTS. 151 

Susan Mclntire, Dutee Darling, and Jacob 
Jackson, adults, 127 80 

Burlington, for support of John Andrew Patio 

and Venus Rowe, adults, 73 00 

Boylston, for support of Elihu Marion, adult, 

and Eleanor Johnson, child, 28 10 

Barre, for support of Dinah Barker, adult, and 
James, William and Charles Batchelder, chil- 
dren. 59 00 

Beverly, for support of Dolly Claxton, William 
and Matilda Rogers, Cyrus Williams, James 
Brown, adults, and supplies to John Kelley, 49 75 

Berkley, for support of James Cuddy and Mary 

Lindell, adults, 73 00 

Becket, for support of Jane Parker, adult, 21 90 

Brewster, for support of Gilbert Vansize, adult, 1 10 

Billerica, for support of James and Thomas Ma- 
lade, children, 17 76 

Brimfield, for support of Thomas Corbin and 
Horace Robinson, adults, George W. Paine, 
child, 67 40 

Braintree, for support of Titus, an adult, (see 

2d acct.) 36 50 

Bradford, for support of Daniel Kendall Fisk, 
Lewis Esmy, Joel Saunders, Rose Saunders, 
Jane Richardson, adults, Henry Coe, child, 72 00 

Brookline, for support of Ann Potter, child, 21 90 

Bridgewater, for support of Rachel Eleba, Han- 
nah Fowler, Benjamin Mehuren, Amy Ward, 
John Hunt, Mary Phflean, adults, Isaac 
Wood, Francis Ashfort, Edward, George, 
Thomas and Jane Hunt, children, and an in- 
fant child of Mary Phflean, 187 90 

Bristol, County of, for support of sundry pau- 
pers in House of Correction, 313 80 



152 PAUPER ACCOUNTS. 

Butler, Samuel, Guardian, for supplies to the 

Dudley Indians, 180 45 

Boston, for support of sundry paupers in the 

House of Reformation for Juvenile offenders, 651 18 

Boston, for support of sundry paupers in the 

House of Industry, 11,446 42 

Boston, for supplies to sundry paupers, and fu- 
neral charges for paupers, out of the House of 
Industry, 3,156 35 

Boston, Suffolk, County of, for support of sund- 
ry paupers in the House of Correction, 561 60 

Boxborough, for support of Andrew Jackson, 

a child, 21 90 

Braintree, for expense in a case of small pox, 38 92 

Concord, for support of Wm. and Matilda Rog- 
ers, John and Betsy Hammond, William and 
Caroline Slone, James Jackson, and John 
Holmes, adults, William and James Ham- 
mond, children, 4 34 

Chelsea, for support of Job Warroir, Betsy Jones, 

John Andrews, and Mary Durant, adults, 104 10 

Conway, for support of Sally McMurphy, Han- 
nah Hall, adults, and William, Abigail, De- 
lusia, and Betsy Clark, children, 160 60 

Colraine, for support of Mary Hart, Kate Van- 
voltenburg, and John Freeman, adults, also 
funeral expenses for Salmon Brooks, and an 
infant child of Diana Huse, 91 42 

Cummington, for support of Brister Peirce, Mar- 
garet Fitzgibbon, adults, Marcus and Mary 
Ann Fitzgibbon, children, and an infant child 
of Margaret Fitzgibbon, 51 52 

Charlton, for support of Robert Bennet, Catha- 
rine Green, Ama Dixon, Lucena Bennett, 



PAUPER ACCOUNTS. 153 

adults, Geo. H. Phila, Susan and John Ben- 
nett, children, also an infant child of Lucena 
Bennett, and funeral charges for Ama Dixon, 68 10 

Carver, for support of Martin Grady, adult, 36 50 

Clarksburg, for support of Lovell and Naomi 
Hill, adults, William and Caroline Hill, chil- 
dren, 116 80 

Cheshire, for support of Molly Dimond, Eph- 
raim Richardson, Polly Cooper, Noel Randel, 
Joel Lilly, Levi Peirce, and Joseph Aldrich, 
adults, 224 60 

Charlestown, for support of sundry paupers, viz ; 
one hundred and sixty-nine adults, and seven- 
ty-eight children, and funeral charges for 
seventeen paupers, 3,532 16 

Chester, for support of Henry Hardy, Benjamin 
Hardy, Sophia Freeman, adults, Elizabeth 
Freeman, child, 114 25 

Cambridge, for support of sundry paupers, 3,045 53 

Dartmouth, for support of Cuff Freebon, Rich- 
ard F. Quinn, and James McMennamen, 
adults, 45 80 

Dedham, for support of Mary O'Donel, Abigail 
Odiorne, James Tucker, Daniel McCoy, Da- 
vid Blair, and Geo. BuUard, adults, Sarah and 
Thomas O'Donel, children, 15 16 

Douglas, for support of Deborah Gregory, adult, 

and funeral charges, 9 60 

Dorchester, for support of John and Sally Swa- 
sey, Edward Cummings and wife, John Gib- 
son, Stephen Riley, Josephine Berry, Thom- 
as Gardner, John Skimil, John Foster, John 
Brindley, John Sargent and wife, John Daver, 
adults, Benjamin F. James, Sarah Ann, Hen- 
20 



154 PAUPER ACCOUNTS. 

rietta and Isabella Childs, Sarah Hague, Hen- 
ry Shelly, children, and two children of Ed- 
ward Cummings, 144 56 

Dracut, for support of James Hoyle and Wil- 
liam P. Harrison, adults, 7 00 

Dalton, for support of Mary Hois, adult, 36 40 

Danvers, for support of sundry paupers, viz : 
forty-eight adults, and eight children, and fu- 
neral charges for James M. Famar, 692 56 

Dover, for support of Margaret Snow, adult, and 
Charles Edwin, Joseph Henry, and George 
William Snow, children, 17 48 

Dennis, for support of Benjamin Green, adult, 15 60 

Duxbury, for support of John Carnes, Sarah 
Simmons, John Hunt, Jane Hunt, adults, Ed- 
ward, George, Thomas, and Jane Hunt, chil- 
dren, 79 00 

Deerheld, for support of Prince Emanuel, and 
Lovina Witherell, adults, Charles Emanuel, 
child, 77 20 

Easthampton, for support of Submit Bailey, 
Charles Bailey, and Rowena Bailey, adults, 
Henry O. Jones, child, 98 60 

Enfield, for support of Deborah Butterworth, 

adult, 36 50 

Essex, for support of John Coleman, adult, 36 50 

East Sudbury, for support of Hugh Brown, 

adult, 4 00 

Egremont, for support of Betsy Daly, Reuben 
Van Guilder, Andrew McCarron, Peggy Mc- 
Carron, William Gouldbourn, Rosanna Van 
Guilder, adults, James Phyfe, and Polly Hop- 
kins, do., Albert A. Kline, Robert, Louisa, 
Martha, Emeline and Julian Beckwith, chil- 
dren, 294 10 



PAUPER ACCOUNTS. 155 

East Bridgewater, for support of Robert Seaver, 
Anna Richards, Elihu Stevens, Betty Chase, 
John Chesnut, Mrs. Chesnut, Harriet N. 
Cromwell, Phebe Bourne, and Jacob Wood, 
adults, two children of Harriet N. Cromwell, 
and a child of Jacob Wood, 288 00 

Easton, for support of James Quinley, and John 

Carroll, adults. 111 10 

Essex, County of, for support of sundry paupers 

in the House of Correction, 536 78 

Framingham, for support of Daniel Campbell, 
Samuel S. Newell, Ira Hammond, William 
Lestrange, Julia Blake, adults, Phebe Blake, 
Lorenzo Hammond, James Hammond, and 
Jane Blake, children, 82 06 

Franklin, for support of Elizabeth F. J. Gray, 

adult, 12 72 

Foxborough, for support of Caroline G. Howe, 

John McClosky, and Francis Hiefron, adults, 51 20 

Freetown, for support of Edward and Rhoda 

Sanford, Hannah, an Indian, and Ro- 

selle, adults, and Amos J. Sanford, adult, also 
Charles, Edward, David, Rhoda, and Levi 
Sanford, children, 117 70 

Fall River, for support of sundry paupers, viz : 

twelve adults, and fourteen children, 445 52 

Fairhaven, for support of Elizabeth Barber, Ro- 
bert Wilson, William William, Margaret Wil- 
son, John Williams, Almira Noble, Mercy 
Sweet, John Lawson, Mary Lawson, Mary 
Smith, Sam'l Johnson, Edward B. Durfee, 
William Drofifer, Abigail Christopher, adults, 
Mary, John, William, Charles, and Margaret, 
Barber, Lydia Ann, Maria, Franklin and Al- 



156 PAUPER ACCOUNTS. 

len Sweet, John and Elizabeth Christopher, 
children, 464 66 

Gloucester, for support of sundry paupers, viz : 

seventeen adults, and seven children, 561 98 

Granville, for support of Sally Stewart, Mary 
Barden, Amasa Brown, adults, Chauncey 
Goodrich, Clarissa Barker, children, 118 20 

Granby, for support of Angelina Wright and 

Bulah Murray, adults, 63 80 

Gayhead, for support of Hezekiah Sewall and 

Thomas Moss, adults, 73 00 

Gill, for support of Mary Lawson, adult, 36 50 

Grafton, for support of Elizabeth Phillips, Cor- 
nelius Johnson, Susan Kimpton, adults, also 
Mrs. Barrett, adult, Francis L. Whittaker, 
Elenor and Mary Ann Barrett, children, and 
funeral charges for Mrs. Barrett, 83 72 

Great Barrington, for support of Joanna Porter, 
Lucy Porter, Peter Smith, Sarah Smith, John 
McGeorge, Rachel Bristol, Joseph E. Bristol, 
Haskell Bristol, adults, Amorilla Wells, Ra- 
chel, Joseph, Haskell, Elizabeth and Louisa 
Bristol, and funeral charges for Willis Bristol, 226 42 

Greenfield, for support of Mary Taggart and 

Charles Lane, 84 40 

Hanson, for support of Betty Joel, adult, 36 60 

Hardwick, for support of David Smith, adult, 

and funeral charges for Daniel Prouty, 41 40 

Hinsdale, for support of Halsey Simmons, adult, 

Jeremiah T. Clark, child, 42 00 

Harwich, for support of James Robertson, adult, 15 00 

Heath, for support of Lydia Lamphere, adult, 36 60 

HoUiston, for support of Richard Ash by, Catha- 
rine Ashby, John B. Ford, Walter H. Davis, 
adults, oS 30 



PAUPER ACCOUNTS. 157 

Hadlej, for support of Rebecca Allen and Dan- 
iel Barron, adults, 23 40 

Hanover, for support of Hannah Long, and Tho- 
mas Quindley, adults, 61 00 

Hubbardston, for support of Daniel Mundel, adult, 36 50 

Hawley, for support of Gilbert Graves, Mabel 

Barnes, and Betsy Aldrich, adults, 57 50 

Hopkinton, for support of Stephen and Mary 

Hamblin, adults, Susan Parker, child, 29 10 

Holland, for support of Harry Converse, adult, 6 70 

Haverhill, for support of John Gould, Anna 
Reed, Nath'l Bartlett, James Richardson, Mi- 
riam Mardin, James and Jane Smith, adults, 
John Q. Adams, child, 124 90 

Hingham, for support of Sylvester Hardy, adult, 15 40 

Hatfield, for support of Stephen and Margaret 
Thompson, adults, Christopher, James, John, 
Julia Ann and Elizabeth Thompson, children, 81 00 

Hancock, for support of Darius Green, Israel 
and Mary Clark, adults, Jeremiah, Polly and 
William H. Helms, and John H. North, chil- 
dren, 178 62 

Ipswich, for support of John O'Brien, John and 

Elizabeth Jarvis, adults, 54 90 

Kingston, for support of Sophia Holmes, John 
Hunt, Jane Hunt, adults, Emily Holmes, Ed- 
ward, George, Thomas and Jane Elizabeth 
Hunt, children, 108 28 

Longmeadow, for support of Lewis and Rebec- 
ca Depatra, adults, Lewis Depatra, junr. do. 
Martin Depatra, child, 20 88 

Lynn, for support of David Blair, John Battis, 
David Chase, Mary F. Fairfield, James Gra- 
ham, Laman Hammond, James Lord, John 



158 PAUPER ACCOUNTS. 

Moriarty, Mary E. Newhall, James Proctor, 
James Tucker, John Welsh, and Lucy Wood, 
adults, and an infant child of Mary F. Fair- 
field, 172 10 

Leicester, for support of Ann Lawton, adult, 
Walter, Tirzah, Thordon and Henry Law- 
ton, children, 49 06 

Lincoln, for support of Benjamin F. Neally, 

adult, 2 90 

Lee, for support of Sarah Ross, John Marble 
and wife, Asa Gleason, Josiah McCoy and 
wife, Phebe Treadwell, Maria M. Morse, 
Cordelia Stanton, adults, Jeffrey Tucker, 
Amos Moore, Josiah Allen, Eli Morse, chil- 
dren, 264 18 

Lowell, for support of sundry paupers, viz : one 
hundred and seventeen adults, and sixty-six 
children, and funeral charges for twenty pau- 
pers, 1,321 94 

Leominster, for support of William Shearer and 

Hannah Reed, adults, 73 00 

Ludlow, for support of Harvey Olds, James 

Powers and Vena Powers, adults, 61 20 

Lenox, for support of Moses McGraw, Polly 
Bishop, adults, Henry and John Ten Eyck, 
Nancy and Abraham Russell, Edward G. Lu- 
cinda and Horace Hurlbert, Lester, Erastus 
and George Fuller, and Mary Jacobs, chil- 
dren, 270 82 

Littleton, for support of Mary Putnam, James 
Fassett, James Andrews, adults, and a child 
of Mary Putnam, 81 24 

Lexington, for support ot Dan'l Gilman, Betsy 
Wyman, Josephine Fox, and James Whitton, 
adultS; 75 30 



PAUPER ACCOUNTS. 159 

Lanesborough, for support of John and Hester 
Gabriel, Mary Squier, Lucy H. Goman, Ma- 
ry Van Sickle, Mary Kip, Amos and Mary 
Dodge, Rachel Sherman, Rachel Hinman, 
Clara Williams, Ira G. Williams, adults, Hen- 
ry and Theodore Gabriel, Robert R. Goman, 
John and Fidelia Dodge, Harriet Stanwood, 
G. L. and Henry Williams, children. 581 31 

Leyden, for support of Tacy Clark, Ruth Abel, 
Joseph Abel, Sarah Stanton, Hannah Cole, 
adults, Sarah Booth, child, 204 40 

Milford, for support of Henry Burley, adult, 36 50 

Mount Washington, for support of Henry Tyler 

and Hannah Worden, adults, 41 20 

Montgomery, for support of Hannah Boham, 

adult, 36 50 

Milton, for support of Elizabeth Spargo, Thom- 
as Evans, Moses Nelson, Susan Remington, 

Archibald McDonald, Margaret Barry, 

McCannon, John C. Drew, adults, Elizabeth, 

Alfred, and Octavius Spargo, children. 212 90 

Middleborough, for support of Elizabeth Briggs, 
Solomon Robinson, Amy Robinson, Jenny 
Bowen, Sylvia Montgomery, Sally Leonard, 
Nancy Blue, adults, William Hall, Mary Ann 
and Thalia E. McAlister, children, 254 90 

Middleton, for support of Samuel Cummings, 

adult, and funeral charges, 30 00 

Medway, for support of Amia Ennas, adult, 2 20 

Monson, for support of Flora Story, John Wil- 
liams, and Mary Allen, adults, 93 50 

Mansfield, for support of Betsey Masterton, 
John Magee, Barney and Catharine Quest- 
ley, adults, Charles Marsh, Ann, Thomas, 



160 PAUPER ACCOUNTS. 

and Mary Masterton, Patrick, John, Mary and 
Elizabeth Questley, children. 68 60 

Medford, for support of Michael Farroll, Pat- 
rick Coody, Susan Coody, Charles Tobin, 
Josephine Fox, Barzilla Yarner, Lydia 
Brooks, adults, Susan Coody, Sarah Jane 
Tobin, John Yarner, Elias and Maria Brooks, 
children. 215 78 

Maiden, for support of Sally Braming, Debo- 
rah Saco, Catharine Lynds, Nicholas Fran- 
cis, William Robinson, Margaret Magus, 
Thomas Fl inner, John Martin, William 
Houghton, Margaret Ward, Josiah Doe and 
Abigail Fowler, adults, Nancy Ward, child, 
and funeral charges for Abigail Fowler, Wil- 
liam Robinson, and Margaret Magus, 203 64 

Methuen, for support of William Richards and 

Josiah Chesley, adults. 48 10 

Manchester, for support of William, Edward and 

Joseph Wheaton, children, 36 36 

Middlefield, for support of John and Elizabeth 
Harkison, adults, Charles, Caroline and Mary 
Ann Harkison, children, 56 80 

Marshfield, for support of Samuel Holmes, Bris- 
tol White, and John Quackow, adults, Jane 
and Phebe Quackow, children, 138 70 

Marblehead, for support of Henry C. Prescher, 
Lemuel Halliman, John Martin, Luke and 
Alia Weems, Ira an-d Susan Hammond, Abiel 
Hart, William Beck, John Beck, James Burns, 
adults, Lorenzo and James Hammond, chil- 
dren, and funeral charges for Henr}^ C. Pres- 
cher, 40 70 

Montague, for support of Anna Siaclair, adult, 36 50 



PAUPER ACCOUNTS. 161 

Marshpee, District of, for support of Ephraim 
Jewett, Lois Pells, Geo. Jones, and Quam 

Hazard, adults, 125 30 

Mendon, for support of John Agar, Aaron Work- 
man, Lemuel Hammond, Lydia Murray, John 
and Betsy Cole, John Murray, Robert B. 
White, Polly White, Andrew Thayer, Ray- 
mond Burton, Benjamin Durfee, Arthur and 
Rhoda Calvin, adults, Matilda White, child, 109 40 

Millbury, for support of Mary Cranson, Row- 
land Cobb, adults, Isaac and Martin Flood, 
children, 89 30 

Norfolk, County of, for support of Michael 
Sweeney, John Powers, John Bryant, and 
Mott Johnson, adults, in the House of Cor- 
rection, 20 00 

Northborough, for support of Jacob West, adult, 36 50 

North Brookfield, for support of Esther Johnson, 

adult, 36 50 

Norwich, for support of Rufus Miner, and Ruth 

Sanford, adults, 73 00 

New Ashford, for support of Mary Fuller, adult, 14 10 

Nantucket, for support of Anthony Swazey, Phil- 
lis Painter, Chloe Goldin, Mathew Smith, 
Sophia Beebe, William Hutchins, Ann Quin, 
Thomas Mackrel, George Macy, and John 
Prince, adults, 278 40 

New Marlborough, for support of Oliver Wane, 

child, 21 90 

Newburyport, for support of sundry paupers, viz : 
thirty-four adults, and twenty-three children, 
and funeral charges for Sarah Foster, and Abi- 
gail Fields, 933 56 

Newton, for support of William Pickering, 
21 



162 PAUPER ACCOUNTS. 

George French, Jacob Nichols, Dennis Me- 
gargin, Roxana Megargin, adults, John and 
Maty Megargin, children, 98 70 

North Bridgewater, for support of James Dor- 
ren, Charlotte P. Wood, James E. Cromwell, 
John Rathbone, and Charles Cromwell, 
adults, and funeral charges for John Rath- 
bone, 134 10 

Northbridge, for support of William and Submit 
Tyre, Lucy Abbot and Hannah Vickary, 
adults, 124 70 

Natick, for support of Vina Thompson, Esther 
Hendrick, Ammi Slaughtery, adults, Monroe, 
Martha and Emily Thompson, and Joseph 
Elisha^^ children, and funeral charges for 
Esther Hendrick, Ammi Slaughtery, and Jo- 
seph Elisha, 85 50 

Northfield, for support of Felix Moan and Sarah 

Breed, adults, 47 00 

Newbury, for support of sundry paupers, viz., 

twenty-seven adults and eleven children, 572 38 

New Bedford, for support of sundry paupers, 
viz., ninety-eight adults and twenty-six chil- 
dren, 1,206 48 

Needham, for support of John Pitcher, Sarah 
Posthill, Eleanor Phillips, Robert Powers, 
Mary Powers, John Wilkins, adults, Alva A. 
Powers, Mary J. Powers, and William S. 
Phillips, children. 143 24 

Northampton, for support of sundry paupers, 

viz., fifty-six adults and seventeen children, 545 59 

Orange, for support of Mary Smith, adult, 29 20 

Otis, for support of Joseph Harrison, Abijah G. 

Hazard and wife, adults, 74 50 



PAUPER ACCOUNTS. 163 

Paxton, for support of William Fiske, adult, and 

funeral charges, 26 80 

Palmer, for support of Nancy and Roxana Wal- 

lis, adults, 73 00 

Pembroke, for support of Mary Gilford, adult, 36 50 

Pawtucket, for support of Jane Donaldson and 
Samuel Godfrey, adults, and Nancy Donald- 
son, child, 63 80 

Provincetown, for support of Henry Robinson, 

adult. 3 80 

Pepperell, for support of Edmund Wright, adult, 18 90 

Pittsfield, for support of Henry Bartlett, Hen- 
ry Warren, Alexander and Elizabeth Wil- 
liams, John and Prudence Berry, Catharine 
Cressy, Fanny Ferguson, Henry Jordon, Ma- 
ry Jackson, adults, Mary Ann and Dan'l Wil- 
liams, James Smith, Oren Freeman, Nancy 
and William Weller, Jona. Cressy, Theodore 
Brown, Polly Little, George Barker, Mariett 
Culver, children, and an infant child of Mary 
Jackson, with funeral charges for the same, 312 90 

Plymouth, for support of John M. Roap, John 
Wolking, James Reed, William P. Sargent, 
Sarah Sargent, Sarah Hunt, adults, Alice, 
Juliann and John H. Hunt, children, 171 30 

Plainfield, for support of Elizabeth McCoy, for 

two years, adult, 73 00 

Phillipston, for support of Abraham Schoal, 

adult, 36 50 

Petersham, for support of Primus and Mary 
Tyng, Stephen Hymes, James Deuby, Anna 
Barry, adults, Stephen, Thomas and Edwin 
Hymes, children, 115 52 

Quincy, for support of Elizabeth Barron, Re- 



164 PAUPER ACCOUNTS. 

becca Majester, John Robert and Sarah Du- 
rant, Mary O'Donnell, James Riley, adults, 
Catharine and Thomas O'Donnell, children, 
and funeral charges for John Robert Durant, 156 86 

Rehoboth, for support of Nancy Hill, Lucy Hill, 
Rhoda Esterbrooks, Newport Brayton, Eli- 
sha Roselle, Joseph Chase, John Hopkins, 
adults, Lucy Kelley, child, 187 20 

Randolph, for support of Lydia Dace, adult, 36 40 

Richmond, for support of Nancy Jessup, Susan 
Darling, Sarah R. Crettenden, Frederic N. 
Vicker, Ruth Wicker, Jacob Wicker, Miriam 
McRee, Wealthy Wedge, adults, Francis H. 
and Emmeline Darling, Adeline M. Hagar, 
Susan Darling, James, Clarissa, Almira, Jane, 
and Sarah F. Wicker, Henry, Thomas and 
Lucy Evarts, Daniel Chamberlain, Mary 
Jane and Henry Darling, children, 584 02 

Rowe, for support of Annis Carter, and Noah 

Wilcox, children, 38 32 

Russell, for support of Sally Harrington, Mary 
Newton, Polly Darus, adults, Nancy Hall, 
Norman Sears, children, funeral expenses 
for Polly Darus, 135 10 

Rowley, for support of sundry paupers, viz., 

thirty-two adults, and eight children, 544 22 

Rochester, for support of Moses Wasgatt, Wil- 
liam Cowell, Hannah Cowell, adults, Emily 
Cowell, child, and funeral charges for Wil- 
liam Cowell, 51 28 

Royalston, for support of Alice Clements, adult, 36 50 

Roxbury, for support of sundry paupers, viz: 
eighty-seven adults, and twenty-three chil- 
dren, and funeral charges for thirteen paupers, 698 55 



PAUPER ACCOUNTS. 165 

Reading, for support of Martha Camering, and 
Azro Sherman, adults, Alford and Catharine 
McMegnery, and Benj. Camering, children, 107 90 

Seekonk, for support of Reuben Frost, Michael 

Riley, John Dozin, and James Way man, adults, 32 60 

Sandisfield, for support of Thomas Oak, adult, 
and Robert, Lydia, and Nancy Titus, Benj. 
Whiting, Elisha, William, and Henry Ring, 
children, 157 10 

Southampton, for support of John Cochran, adult, 36 50 

Stockbridge, for support of Abraham Parmalee, 
Martha Dowd, Margery Curtis, Dorcas Web- 
ster, Dinah Elky, Cynthia Martin, Nancy 
Duncan, adults, Rosanna, Theodore, and Har- 
riet Martin, children, 286 40 

Southbridge, for support of Albro Reynolds, Emi- 
ly Dean, William Hampton, Bela White, 
adults, Sarah H. Dean, and Esther Bradbury, 
children, 58 22 

Stoneham, for support of Chloe and Nancy Free- 
man, adults, 73 00 

Sharon, for support of Edward and Elizabeth 

Ellis, adults, 73 00 

Spencer, for support of Mary Freeman, adult, 
and Theophilus and Eleanor Freeman, chil- 
dren, 80 30 

Stoughton, for support of Isaac Williams, adult, 36 50 

Shelburne, for support of Mary Bates, and John 

Fowler, adults, 73 00 

Scituate, for support of Zilpha Scott, Zilpha 
Whitcomb, Polly Griffin, John Crandel, adults, 
Olive and Lemuel Freeman, children, 165 00 

Stow, for funeral charges for William McKel- 

com, 5 00 



166 PAUPER ACCOUNTS. 

Salisbury, for support of Charles and Rosann 

Hilton, and funeral charges, 6 70 

Somerset, for support of Polly Hill, and Ann 
McGiven, adults, Alice and Thomas McGiven, 
children, 116 80 

Sheffield, for support of Charlotte and Sarah 
Turner, and Nancy Bright, adults, Sam'l 
Wright, child, and funeral charges for Wil- 
liam Riley, ' 127 84 

South Hadley, for support of Louisa Kellogg, 

adult, 16 00 

Sturbridge, for support of George Thompson, 

and Kentuck, a Negro, adults, 26 29 

Shutesbury, for support of Michael and Mary 
Vermont, John Vennauler, Susanna Vennau- 
ler, Welcome Still, adults, Charles Phinne- 
more, child, 201 80 

South Reading, for support of Sally Wiley, Ira 
Stanwood, Susan D. Hammond, John Coch- 
ran, Mary Lawson, adults, Lorenzo and James 
Hammond, children, 44 72 

Sudbury, for support of John Wilkins, Ira and 
Susan Hammond, adults, Lorenzo and James 
Hammond, children, 36 00 

Springfield, for support of Michael Smith, Eph- 
raim Cady, Phillis Gibbs, John Robinson, 
James McMullen, Eliza Wall, Susan Willig, 
James Graham, Leonard Cutter, Henry Ma- 
thews, Oliver King, Susanna King, adults, 
Rufus and Clarinda Mclntire, Caroline M. 
McDonald, Jane C. and Lucy L. Swetland, 
Mary M. Wall, Sarah Ann Ferre, and Caro- 
line Reed, children, 235 82 



PAUPER ACCOUNTS. 167 

Sandwich, for support of Phillis Wing, Patrick 

Heron, and Susan Barney, adults, 77 30 

Salem, for support of sundry paupers, viz : eigh- 
ty-three adults, and twelve children, and fun- 
eral charges for eleven paupers, 1,255 64 

Sutton, for support of James Norbury, adult, 36 50 

Shirley, for support of Mary McKenzie, Jenny 
Mitchell, Fanny Mitchell, Jane Rensellaer, 
adults, Charles, Walter J. and Franklin Mit- 
chell, and Jane Rensellaer, 2d, children, 169 62 

Swanzey, for support of Judy McCarter, adult, 36 50 

Topsfield, for support of Phillis Emerson, Fran- 
cis Burke, Thomas O'Brien, Margaret Car- 
roll, and Robert Wheeler, adults, 86 80 

Taunton, for support of sundry paupers, viz : 

twenty-two adults, and nineteen children, 357 72 

Tolland, for support, and funeral charges of 

Dennis Moot, 9 00 

Tyringham, for support of Richard Gardner, 
Mary Diskill, Pamela Filley, Eliza Hicks, 
Laura Cross, Jacob Van Dewson, Caty Van 
Dewson, Thomas Lerman, Jerusha Cogswell, 
Sarah Wilcox, adults, Hiram Bailey, child, 
funeral charges for Mary Diskill, and Caty 
Van Dewson, 272 80 

Tewksbury, for support of Cyrus Williams, Ni- 
cholas Welsh, and Philip Cash, 32 50 

Townsend, for support of Edward McBride, 

adult, and Henry S. Jackson, child, 32 20 

Upton, for support of Mary Bryant, and Oliver 

Hendrick, adults, 63 70 

Uxbridge, for support of Luke Toburn, and Wil- 
liam Johnson, adults, 12 30 

West Bridge water, for support of Redden Carr, 

and Thomas Qundley, children, 38 10 



168 PAUPER ACCOUNTS. , 

Williamsburg, for support of James Turner, adult, 

and Theodotia Turner, child, 58 40 

Windsor, for support of Rhoda Barnes, adult, 36 50 

Watertown, for su})port of sundry paupers, viz : 

thirty-four adults, and six children, 484 70 

Weymouth, for support of Phillis Peach, and 
Elizabeth Lawler, adults, and William, 
Charles, Elizabeth, and Henry Lawler, chil- 
dren, also funeral charges for Charles Wash- 
ington, 138 70 

West Springfield, for support of Leander G. 
Watson, Laura Chapin, Lois Shevoy, Han- 
nah Shevoy, Elijah Randal, Mary Randal, 
Edward Renney, Joel Turner, Samuel Loo- 
mis, Abryan Washburn, adults, John Benedict, 
Leonard Freeman, and Hope Boston, chil- 
dren, 277 60 

Williamstown, for support of John Henderson, 
Lydia Barry, Alanson Barry, Rachel Galusha, 
Rachel Foot, Aurilla Frost, Peggy Jackson, 
Charles Wilkins, adults, Ethan Barry, Ann 
Letitia, Harriet, Seymour, and Laura Foot, 
children, 280 96 

Ward, for support of Sarah Wiser and Israel 
Stockwell, adults, Israel and Daniel Stock- 
well, children. 78 44 

West Hampton, for support of Sylvia and Ibrook 

Miller, adults, and Charles Peter Ellis, child, 73 60 

West Newbury, for support of Jona. Stevens, 

adult, 36 50 

West Stockbridge, for support of Sally Barton, 
Lucy Lane, Lucretia Bellamy, Nathan H. 
Halsey, Samuel Bell, John Huggings, Jede- 
diah Humphrey, Jesse Poultney, adults. Hen- 



PAUPER ACCOUNTS. 169 

ry W. Rogers, Jane and Lucinda Reed, chil- 
dren, 229 70 
West Cambridge, for support of Nathan Linch, 
Thomas Dalenty, William Granger, James 
Lyons, Mary Lenchman, James Tuckerman, 
Francis York, Tarron Riley, Dennis Flood, 
William Sloane, Ann Wilson, Patrick Cody, 
Susan Cody, Ann Lawson, Michael Hardy, 
adults, Susan Cody, child, 59 30 
Waltham, for support of James Buchanan, Wil- 
liam Harrison, and Michael Riley, adults, 44 70 
Westport, for support of Nath'l Nottage, adult, 36 50 
Wenham, for support of Sarah English, adult, 36 50 
Warwick, for support of Sam'l and Molly Gunn, 

adults, 73 00 

Wrentham, for support of Sylvia Pettin, Sarah 
Sunderland, James Jackson, Uriah Blake, 
James Kavanah, all adults except Uriah Blake, 94 14 
Whately, for support of Jesse Jewett, adult, 36 50 

Wilbraham, for support of John Amidon, AUice 
Dodge, Mary Walker, Eunice Davis, Rodney 
Greenwood, Robert Tufts, Byram Amidon, 
adults, funeral charges for Joanna Amidon, 236 30 
Worcester, for support of Jonas Brooks, Wil- 
liam Reed, William Muckay, Jeremiah Miri- 
gan, Libbeus Prince, Calvin Stowell, Peter 
Furlough, Maria Shed, Rhoda Follansbee, 
Stephen and Mary Hampden, Levi Yorke, 
Ann Daily, James Wallace, Eli Rozelle, Ri- 
chard Sears and wife, Rosanna Reiley, Phillis 
Winslow, Prudence Glasco, adults, George 
Marsh, Thomas, John and Catharine Murphy, 
Lyman Stowell, Patrick Reiley, children, and 
a child of Richard Seers, funeral charges for 



170 PAUPER ACCOUNTS. 

James Wallace, Eli Rozelle, a child of Mrs. 
Enns, a child of John King, and a child of Ri- 
chard Seers, 465 88 

Worcester, for expense incurred in support of 

persons sick with small pox, 62 00 

Worcester, County of, for support of sundry pau- 
pers in the House of Correction, 50 70 

Walpole, for support of Agnes Gill, Sarah Sar- 
geant, Robert Boyd, Hannah Davis, Dennis 
Gerald, Susanna Gerald, adults, Lewis Sar- 
gent, child, 91 58 

West Boylston, for support of Peter and Josette 
Snow, adults, and Peter, Joseph, Levi, John 
and Amanda Snow, children, 72 18 

Westfield, for support of Mary Parks, Aseneth 
Lanes, Hepzibah Brewer, Betsy Rose, Elea- 
zer Harris, Sally Baker, Benj. Miller, Esther 
Berry, Julia Hull, Catharine Jewell, Lydia 
Briggs, Christopher Johnson, Eli French, 
adults, Eunice French, George Dewy, Tho- 
mas F. Watson, and Eunice A. Briggs, chil- 
dren, also funeral charges for Benj. Miller, 433 18 

Ware, for support of Thomas Dennison, Eliza 
Olney, Harriet N. Page, adults, George W. 
and Horace Booth, Caroline and Henry Ol- 
ney, children, 

Webster, for support of Sarah Wilson, adult, 

Washington, for support of Henry Pantor, Ruth 
Rigby, John Thompson, adults, and funeral 
charges for Ruth Rigby, 

Warren, for support of Hamilton Ross, adult, 

Yarmouth, for support of Black Let, and Isaiah 

Lester, adults, 43 70 



45 


20 


50 


40 


91 


40 


7 


10 



Aggregate of Pauper Accounts, $5S,3S2 43 



eommontuealttj of M^^^^tf^nuttiu. 



In the Year of Ouf Lord One Thousand Eight Hundred 



and Thirty-five. 



RESOLVE 

Authorizing the payment of certain 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 three thousand three hundred and eighty-two 
dollars, and forty-three cents, the same being in full dis- 
charge of the accounts and demands to which they refer, 
and that a warrant be drawn accordingly. 

In Senate, March 7th, 1835. 
Passed. 

Sent down for concurrence. 

B. T. PICKMAN, President. 

House of Representatives, March 9, 1835. 

Passed in concurrence. 

JULIUS ROCKWELL, Speaker. 
Approved, March 10, 1835. 

SAM. T. ARMSTRONG. 



^ommonUiealtf) of J^aisissacljttfsettfs* 



Treasury Office, 2d mo. (Feb.) 26th, 1835. 

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, w^hich when allowed and paid will be in full 
discharge of said accounts to the dates therein mentioned. 

HEZEKIAH BARNARD, Treasurer. 

To the Senate, and 

House of Representatives. 



ROLL OF ACCOUNTS 

Audited by the Treasurer of the Commonwealth, and re- 
ported Feb. 26, 1835. 

SHERIFFS. 

Brown, Henry C, for returning votes, distribu- 
ting blanks to overseers of the poor, &c., to 
December, 1834, 44 60 

Crocker, David, for returning votes, and dis- 
tributing blanks, to November, 1 834, 22 70 

Folger, Peleg S,, for returning votes for Gov- 
ernor, &c., to November, 1834, 10 88 

Hayward, Nathan, for returning votes and dis- 
tributing warrants and blanks, to December, 

1834, 29 94 
Leonard, Horatio, for returning votes, and dis- 
tributing warrants, blanks, &c., to January, 

1835, 47 81 
Lyman, Joseph, for returning votes, and dis- 
tributing blanks, to November, 1834, 34 20 

Nevers, John, for returning votes, and distribu- 
ting blanks, to November, 1 834, S5 40 

Pease, Isaiah D., for returning votes, distribu- 
ting blanks, and for postage of a package sent 
from the Secretary's office, to December, 
1834, 31 82 

Rice, Caleb, for returning votes and distributing 

blanks, to November, 1834, 30 70 

Sprague, Joseph E., for returning votes, dis- 
tributing warrants, blanks, &c., to December, 
1834, 25 30 



174 CORONERS. 

Varnum, Benjamin F., for returning votes, and 
distributing precepts and blanks, to Decem- 
ber, 1834, 51 74 

Willard, Calvin, for returning votes, and dis- 
tributing blanks, to November, 1834, 39 24 

^404 33 
CORONERS. 

Cottle, James J for taking inquisitions, &c., to 

December, 1834, 
Colton, Richard, for taking an inquisition, &c. 

to May, 1834, 
French, Ezra, for taking an inquisition, &c. to 

July, 1834, 
Gay, Lemuel, for taking an inquisition, &c. to 

Feb'y, 1834, 
Leonard, Cromwell, for taking an inquisition, 

&c. to April, 1834, 
Snow, Prince, for taking inquisitions, &c. to 

January, 1835, 
Smith, Mace, for taking inquisitions, &c. Oc- 
tober, 1834, 
Tyler, Samuel, for taking an inquisition, &c. 

to July, 1834, 
Waterman, Robert, for taking an inquisition, 

&c. December, 1834, 
Whitman, Levi F., for taking an inquisition, 

&c. to July, 1834, 
Young, Asa, for taking an inquisition, &c. to 

July, 1834, 

$30d 91 



28 


64 


8 


50 


9 




12 21 


16 


79 


146 


86 


33 


89 


9 


46 


27 


12 


9 


05 


8 


39 



PRINTERS. 175 



PRINTERS. 



Allen, Phinehas and Son, for publishing the laws 

of 1834, 
Albro, B. T., for publishing the laws of 1833, 
Atwill, Winthrop, for publishing the laws of 

1834, 
Bowles, Samuel, for advertising and publishing 

the laws of 1 834, 
Briggs, L. & Co., for publishing the laws of 

1834, 
Bull, Joseph Jun., for publishing the laws of 

1834, 
Buffum, Jonathan, for publishing the laws of 

1834, 
Colton, S. & Co., for publishing the laws of 

1834, 
Congdon, Benjamin T., for publishing the laws 

of 1834, 
Cushing, John D., for publishing the laws of 

1834, 
Davis, George P., for publishing the laws of 

1834, 
Drew, Benjamin, Jun., for advertising and pub- 
lishing the laws of 1833, and 1834, 
Earl, Benjamin, for publishing the laws of 

1834, 
Eldredge, John B., for publishing the laws of 

1834, 
Fish, Ebenezer, for publishing the laws of 1834, 16 67 
Hack, C. A., for advertising and publishing the 

laws of 1834, 
Huntress and Knowlton, for advertising and 

publishing the laws of 1 834, 



16 


67 


16 


67 


16 


67 


20 


16 


16 


67 


16 


67 


16 


66 


16 


67 


16 


66 


16 


66 


16 


66 


34 07 


16 


66 


16 


67 


16 


67 


17 


42 


19 


41 



176 MISCELLANEOUS. 

Judd, Sylvester, for publishing the laws of 1 834, 
Leonard, George 2d., for publishing the laws of 

1833 and 1834, 
Lindsej, Benjamin, for publishing the laws of 

1834, 
Mann, Heman, for publishing the laws of 1 834, 
Merrick, Pliny, for advertising and publishing 

the laws of 1 833, 
Newburyport Herald, for publishing the laws of 

1834, 
Palfray and Cook, for advertising and publish- 
ing the laws of 1 834, 
Parks, H. G. O., for publishing the laws of 

1833, 
Phelps and Ingersoll, for publishing the laws of 

1834, 
Prince, Thomas, for publishing the laws of 1 834, 
Spooner, M., for advertising and publishing the 

laws of 1833 and 1834, 
Thayer, A. W., for publishing the laws of 1834, 

$556 03 
MISCELLANEOUS. 

Adams and Hammond, for locksmith's work, 

&c. to February 3, 1835, 23 37 

Allen and Ticknor, for stationary, for the Adju- 
tant General, to April 4th 1834, 90 

Blaney, Henry, for masons work, &c. to Janu- 
ary 12th, 1835, 181 32 

Bradlee, Samuel, for hard ware for repairs, &c. 

on the state house to February 19th, 1835, 34 29 

Blaney, Benjamin, for funnel, grate, &c. to 

January 2d, 1835, 38 25 



16 


66 


33 


33 


16 


67 


16 


66 


23 


61 


16 


66 


17 


66 


16 


66 


16 


61 


16 66 


40 


34 


16 


67 



MISCELLANEOUS. 177 

Butler, I. H., for paper supplied the Senate to 

February 13, 1835, 36 50 

Bryant, N., for screen for the Governor's chair, 

&c., to Jan'y 23, 1835, 12 50 

Bates, Daniel, for stove, &c. for the Secretary's 

office, (balance,) 13 75 

Carter, Heiidee, & Co., for paper, quills, &c. 
for the Adjutant General's office to October 
23d, 1834, 48 54 

Cowdin and Stimson, for soap stone, &c. for 
stoves in the Secretary's and Adjutant Gene- 
ral's offices, to October 1st, 1834, 13 04 

Gore, Christopher, for painting, &c. in and 

about the state house to February 7th, 1835, 84 22 

Goodrich, Isaac W., for paper supplied the Sec- 
retary's office, to Feb'y 10, 1835, 43 00 

Hancock, William, for carpets, screens, &c. to 

February 13th, 1835, 18 00 

Learnard, William, for services in completing 
the arrangement of the papers of the Hon. 
Council, Senate and House of Representa- 
tives, and preparing the same for the fire 
proof rooms to June 13th, 1834, 181 13 

Loring James, for registers furnished the Coun- 
cil, &c. to January 27th, 1835, 11 67 

Minott, John, Keeper of Rainsford Island, his 

annual allowance for 1834, including w^ood, 104 44 

Snelling, Enoch H., for setting lights, cleaning 

windows, &c. to Feb. 23, 1835, 99 88 

Tompkins and Housley, for copper kettle, steam 

pipe, &c. to October 16, 1834, 18 43 

Wells, A. C, for binding blank books, &c. to 

Dec. 29th, 1834, 5 75 

23 



178 AGGREGATE. 

Wheeler, John H., for repairs, alterations, &c. 
in and about the state house to February 14, 
1835, viz. General bill, 249 14 

Fire proof room No. 6, 363 95 

Library, 37 20 650 29 

P619 27 





AGGREGATE. 




Sheriffs, 




404 33 


Coroners, 




309 91 


Printers, 




556 03 


Miscellanies, 




1,619 27 



;^2,889 54 



In Senate, Feb. 27, 1835. 
Referred to the Committee on Accounts. 
Sent down for concurrence. 

CHARLES CALHOUN, Clerk. 

House of Representatives, Feb. 28, 1835. 
Concurred. 

L. S. CUSHING, Clerk. 



eomtnontuealtii of M^nn^tf^nnttin. 



March A^, 1835. 

The Committee on Accounts, to whom was commit- 
ted the Roil of Accounts audited by the Treasurer, have 
examined the same, and report the subjoined Resolve for 
the payment thereof. 

Per Order, 

DAN'L SHATTUCK, Chairman. 



erommontpealt)) of i^assaUjusttts^ 



In the Year of Our Lord One Thousand Eight Hundred 
and Thirty-Five. 



RESOLVE 

Authorizing the payment of certain Sheriffs, Coroners, 
and other Accounts. 

Resolved, That there be allowed and paid out of the 
public Treasury, to the several persons named in the ac- 
companying Roll, the sums set against their names re- 
spectively, amounting in the whole, to twenty-eight hun- 
dred eighty-nine dollars, fifty-four cents, the same being 
in full discharge of all the accounts and demands to which 
they refer, and that a warrant be drawn therefor. 

In Senate, March 4, 1 835. 
Passed. 
Sent down for concurrence. 

B. T. PICKMAN, President. 

House of Representatives, March 5, 1835. 
Passed in concurrence. 

JULIUS ROCKWELL, Speaker. 
Approved March 5, 1835. 

SAM. T. ARMSTRONG. 



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MILITARY ACCOUNTS. 




Danvers, 
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Lynn, . 
Salem, . 




Lexingtor 

Watertow 

Cliarlesto 

Concord, 

Croton, 

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Monson, 

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MILITARY ACCOUNTS. 



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188 MILITARY ACCOUNTS. 

Pay Roll of a Division Court Martial, holden at 
Worcester, March 26, 1834, Col. Allen Han- 
cock, President, for the trial of Ensign Ab- 
ner T. Burroughs, and others, ;^215 34 

Do. of a Division Court Martial, re-assembled 
at Worcester, May 27, 1834, by Division or- 
ders. Col. Allen Hancock, President. 78 40 



;^293 74 

Adjutant General's Office, > 
Boston, March 6, 1835. \ 

I hereby certify, that I have examined the accounts 
referred to in the above Roll, and that they are correctly 
vouched and cast. 

H. A. S. DEARBORN, Adft GenH. 

Pay Roll of a Division Court held at Worcester, March 

26, 1834. 

Col. Allen Hancock, President, p9 00 

Lt. Col. Franklin Harrington, Member, 14 60 

Maj. Maynard King, " 18 80 

Capt. Jonas A. Marshall, " 20 50 

" George W. Morse, " 18 70 

Jjieut. Edward Lamb, Marshal, 18 10 

Sergeant Henry Hobbs, 18 10 

Major Aaron Brooks, Jr. Judge Advocate, ) l^ ^^ 
10 subpcenas and stationary, ^3 00 ) ^ 

Eleazer Porter, for use of house, 5 00 

Witnesses, UmQ.o\n B. Knowlton, 1 58 

" Henry J. Davis, 1 88 

" Stephen W. Norcross, 2 04 

" William E, Davis, 2 88 



MILITARY ACCOUNTS. 189 



JVitnesses,Kthan Davis, Jr. 

" Andrew J. Davis, 

" Josiah White, 

" Matthew F. Woods, 

" James G. Putnam, 

" Caleb C. Howe, 

" Joel H. Litch, 

" John B. Bond, 

For serving Subpoenas with copies. 

Henry Hobbs, 
Emory Drury, 
Billings Hobart, 
Seth Holden, 
Edward Lamb, 
George Folsom, 



1 


06 


3 


56 


3 


40 


2 


80 


1 


48 




58 




58 




58 


1 


14 




54 




14 


1 


20 




60 


4 50 



^215 34 



Pay Roll of Division Court Martial re-assembled at 
Worcester, May 27, 1 834. 

Colonel Allen Hancock, 
Lt. Col. Franklin Harrington, Member, 
Major Maynard King, 
Capt. Jonas A. Marshall, 
" George W. Morse, 

Lieut. Edward Lamb, 

Alvah Cummings, 
Major Aaron Brooks, Jr. 

4 subpoenas 
Witnesses, Joseph Knox, 
" Joseph Whipple, 
" Apollos Rich, 



President, 
Member, 


m 00 

6 60 


u 


6 80 


u 


6 50 


ii 


6 70 


Marshal, 


6 10 


Sergeant, 
Judge Advocate, 


4 10 
I 15 40 

2 50 






2 50 




2 50 



190 MILITARY ACCOUNTS. 

Witnesses,Geo. T. Lincoln, 2 92 

Alvin Allen, . 2 18 

Caleb C. Howe, 58 

" George Folsom, 58 

For serving Subpoenas. » 

Edward Lamb, 24 
Sam'l Congdon, (by special agreement,) 10 00 

Asa Matthews, 1 20 



$SS 40 



AGGREGATE. 



Aids de Camp, 73 41 

Brigade Majors and Inspectors, 359 43 

Adjutants, 829 60 

Hauling Artillery, 539 32 

Courts Martial, 293 74 



^2,095 50 

The Committee on Accounts, having examined the 
several Accounts for Military services, referred to in the 
annexed Roll, Report, 

That there are due to the several persons therein men- 
tioned the sums set to their names respectively, which, 
when paid, will be in full discharge of said Accounts to 
the dates therein mentioned. 

Per order of the Committee, 

DAN'L SHATTUCK, Chairman. 



<rominont6}raU!) of ^Bnmuf^nmit^, 



In the Year of Our Lord One Thousand Eight Hundred 
and Thirty-Five. 



RESOLVE 

Authorizing the payment of certain Military Accounts. 

Resolved, That there be allowed and paid out of the 
public Treasury, to the several persons mentioned in the 
annexed Roll, the sums set to their names respective- 
ly, amounting in the whole to two thousand ninety- 
five dollars, fifty 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 13, 1835. 
Passed. 
Sent down for concurrence. 

GEO. BLISS, President pro tern. 

House of Representatives, March 13, 1835. 
Passed in concurrence. 

JULIUS ROCKWELL, Speaker. 

Approved March 14, 1835. 

SAM. T. ARMSTRONG. 



^ommouiuraltfi of JHa^s^arliuisetti^. 



Treasury Office, 3d Mo. (March) 17th, 1835. 

The Treasurer, having in compliance with an order of 
the House of Representatives, passed the 11th instant, 
examined and adjusted the accounts presented to him, re- 
spectfully Reports, That there is due to the several per- 
sons enumerated on the annexed 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. 

HEZH. BARNARD, Treasurer. 

To the Hon. House 

of Representatives. 

House of Representatives, March 17, 1835. 

Referred to the Committee on accounts. 

Sent up for concurrence. 

L. S. GUSHING, Clerk. 

In Senate, March 18, 1835. 

Concurred. 

CHARLES CALHOUN, Clerk. 



ROLL OF PRINTERS ACCOUNTS. 

Audited by the Treasurer of the Commonwealth, in com- 
pliance with an Order of the House of Representatives^ 
of March llth, 1835, reported March \7th, 1835. 

Adams and Hudson, for advertising, &c. and tor 

newspapers to March llth, 1835, 345 00 

Chapin, Jacob, for advertising and publishing 

the laws of 1834, 23 17 

Chipp, William W., for publishing the laws of 

1834, and for papers to March 7th, 1835, 162 04 
Danforth, Allen, for advertising and publishing 

the laws of 1834, 17 42 

Button and Wentworth, for advertising and for 

papers to March llth, 1835, 24 00 

Ford, John, for papers supplied to March 15th, 

1835, 181 51 
Farmer, J., for advertising and publishing the 

laws of 1834, 17 42 

Goodrich, John Z., for publishing the laws of 

1834, ^ 16 66 
Hale, Nathan, for advertising, publishing laws, 

and for papers to March llth, 1835, 223 94 
Hallett, Benjamin F., for papers supplied to 

March 16th, 1835, 214 14 
Judd, Sylvester, for publishing the laws of 1834, 16 66 
Knowlton, I. S. C, for advertising and for pub- 
lishing the laws of 1834, 17 41 
Martin, H., for publishing the laws of 1834, 16 66 
Porter, W. S., for papers supplied to March 16th, 

1835, 34 04 



^1,310 07 
25 



The Committee on Accounts have examined the fore- 
going Roll, and report a resolve for the payment thereof. 

Per order of the Committee, 

DAN'L SHATTUCK, Chairman. 



eomnfontuealtt) of M^^^^t'^tiutti^' 



In the Year of Our Lord One Thousand Eight Hundred 
and Thirtj-five. 

RESOLVE, 

For the Payment of certain Printers Accounts. 

Resolved, That there be allowed and paid out of the 
public Treasury, to the several persons named in the fore- 
going Roll, the sums set against their names respectively, 
amounting in the whole to thirteen hundred and ten dol- 
lars, seven cents, the same being in full discharge of the 
accounts to which they refer, and that a warrant be drawn 
therefor. 

In Senate, March 19, 1835. 

Passed. 

Sent down for concurrence. 

GEO. BLISS, President, pro tern. 

House of Representatives, March 19, 1835. 
Passed in concurrence. 

JULIUS ROCKWELL, Speaker. 
Approved, March 20, 1835. 

SAM- T. ARMSTRONG. 



eommontDealUj of JBaiSfsactjui^rtti^. 



Treasury Office, 4th Mo. (April) 7th, 1835. 

The Treasurer having, in compliance with an Order of 
the General Court, passed 24th March, 1835, examined 
and adjusted the accounts presented to him, respectfully 
reports, that there is due to the several persons enumer- 
ated on annexed 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. 

HEZH. BARNARD, Treasurer. 

To the Honorable Senate^ and 
House of Representatives. 

In Senate, Aprii- 7, 1835. 

Referred to the Committee on Accounts, on the part of 
the Senate. 

CHAS. CALHOUN, Clerk. 



ROLL OF ACCOUNTS, 

Audited by the Treasurer of the Commonwealth^ in com- 
pliance with an order of the General Courts passed 
March 24^th, 1 835 ; reported April 7th, 1 835. 

PKINTEKS. 

Adams and Hudson, tor advertising, and for pa- 
pers to March 31st, 1835, 81 95 

Badger and Porter, for advertising, and for pa- 
pers to March 31 , 1835, 339 00 

Barrett, George C, for papers supplied to March 

26th, 1835, 139 56 

Bazin, George W., for papers supplied to March 

28th, 1835, 16 16 

Beals and Greene, for advertising, and for pa- 
pers to March 31, 1835, 244 51 

Brooks, C, for papers supplied to April 2d, 

1835, 9 00 

Buckingham, Joseph T., for advertising, and for 

papers to Marck 31, 1835, 251 74 

Clapp, William W., for papers supplied to March 

28th, 1835, 43 62 

Button and Wentvvorth, for papers supplied to 

March 31, 1835, 3 96 

Everett, L. S., for papers supplied to March 31, 

1835, 96 03 

Foote and Chisholm, for advertising, and for pa- 
pers to April 3d, 1835, 36 83 

Ford, John, for papers supplied to March 31, 

1835, 38 57 

Hallett, Benjamin F., for papers supplied to 

March 31, 1835, 92 31 

Hale, Nathan, fur papers supplied to March 31, 

1835, 48 93 



198 



PRINTERS. 



Haughton, Richard, for advertising, and for ])a- 
pers to March 31, 1835, 

Homer and Palmer, for advertising, and for pa- 
pers to March 31, 1835, 

Ives, W. & S. B., for advertising, and for pub- 
lishing the laws of 1834, 

Kingsbury, Benj. junr., for papers supplied to 
March 27th, 1835, 

Masters and Marden, for advertising, and for pa- 
pers to March 28th, 1835, 

Nichols, William, for papers supplied to March 
27th, 1835, 

Palfray, W. Junr., for advertising, &c., and for 
papers to April 1st, 1835, 

Porter, William, S., for papers supplied to April 
1st, 1835, 

Pray, Isaac, C. Junr., for papers supplied to April 
4th, 1835, 

Proprietors of the Boston Investigator, for pa- 
pers supplied to March 31st, 1835, 

Read, David, for papers supplied to March 28th, 
1835, 

Sleeper, J. S., for advertising to December 12th, 
1833, 

Whieldon, William, W., for advertising, and for 
publishing the laws of 1834, 

Willis, Nathaniel, for papers supplied to March 
27 th, 1835, 



Deduct from Reals and Greene, 



Deduct from Hallet's bill 12 40 
Deduct from John Ford, 1 48 



281 43 

207 74 
17 41 
39 23 

156 75 

33 11 

35 87 

6 81 

114 00 
10 85 
32 53 
4 00 
29 16 
60 92 



,P,578 11 
92 25 


2,485 
13 


86 
88 



2,471 98 



MISCELLANIES. 199 

CORONERS. 

Crossman, Ephraim, for taking an inquisition 

2.Sd February, 1835, 9 65 

Hamilton, William, for taking inquisitions to De- 
cember 22d, 1833, 16 30 

Shute, Ebenezer, for taking inquisitions to Fe- 
bruary 14, 1835, , 72 75 



^88 70 



MISCELLANIES. 



Allen and Ticknor, for paper and quills for the 

Secretary, to January 1, 1834, 21 00 

Burditt, James, W., for stationary, &c. supplied 
to March 25th, 1835, viz: 
For the Senate, 91 05 

" House of Representatives, 646 34 
" Council and Secretary, 239 81 
" Adjutant General, 9 44 

" Land Office, 23 20 

" Library, 21 96 

" Attorney General, 14 00 

1,045 80 



Bacon, Henry, assistant messenger, to April 4th, 

1835, 160 00 

Chase, Warren, assistant messenger, to April 

4th, 1835, 160 00 

Cutting, Elijah W., assistant messenger, to April 

4th, 1835, 160 00 

Goodrich, Isaac, W., for paper furnished Secre- 
tary's Office, to March 17, 1835, 12 00 



200 



AGGREGATE. 



Kuhn, Jacob, for the balance of his account, to 

March 31st, 1835, 250 10 

Leach, Mathias, for his son, as page to the Se- 
nate, to April 4, 1835, 76 00 

Loring, Josiah, for stationary, &c. furnished the 
Council, Secretary, and Treasurer, to March 
20th, 1835, 119 26 

Loring, Benjamin, and Co., for stationary, &c. 
furnished the Secretary and the Adjutant Ge- 
neral, to May 3d, 1834, 13 63 

Murphy, David, assistant messenger, to April 

4th, 1835, 158 00 

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

of Representatives, to April 4th, 1835, 76 00 



^2,251 79 



AGGREGATE. 



Printers, 

Coroners, 

Miscellanies, 



2,471 98 

88 70 

2,251 79 



2,578 11 

88 70 

2,251 79 



$4,812 47 



$4,918 60 



ADDITIONAL ROLL. 201 



The Committee on Accounts having examined certain 
accounts audited by the Treasurer, and also certain 
other accounts referred to them, Report, 

That there are due to the several corporations and per- 
sons therein named the sums set to their names respect- 
ively, which when allowed and paid will be in full dis- 
charge of the said accounts to the dates therein mention- 
ed. The Committee report a resolve for the payment 
thereof. 

By order of the Committee, 

DAN'L SHATTUCK, Chairman. 



ADDITIONAL ROLL. 



To Williams Reed, Keeper of the House of 
Correction Bristol County, for the support of 
prisoners, for 1833, 142 80 

To Eben'r Fish, for publishing the laws for 1832, 16 67 

To the town of Enfield, for the support of 

Deborah Butterworth for 1833, S6 50 

To the Town of Provincetown, for funeral ex- 
penses for one pauper, 5 00 

To John H. Wheeler, for cost of recesses in 

the Ho. of Representatives, 360 70 

To Safford and Smith, for lamps and posts in 

front of the state house, 55 00 

#616 67 
26 



202 



RESOLVE. 



AGGREGATE. 

Printers, 

Coroners, 

Miscellanies, 


2,471 98 

88 70 

2,251 79 


The above were audited by the Treasurer, 
Additional Roll, 


4,812 47 
616 67 


Total, 


;^5,429 14 



(UTommoniDealtii of i/B^^n^f^n^ttt^. 



In the Year of Our Lord One Thousand Eight Hundred 
and Thirty-Five. 



RESOLVE 



For the payment of certain Printers, Coroners, and Mis- 
cellaneous Accounts. 

Resolved, That there be allowed and paid out of the 
public Treasury, to the several persons and corporations 
referred to in the foregoing Roll, the sums set against 
their names respectively, amounting to the sum of five 



RESOLVE. 203 

thousand four hundred twenty-nine dollars, fourteen cents, 
the same being in full discharge of the accounts and de- 
mands to which they refer, and that warrants be drawn 
accordingly. 

In Senate, April 7, 1835. 

Passed. Sent down for concurrence. 

GEO. BLISS, President. 

House of Representatives, April 8, 1835. 

Passed in concurrence, with the following amendment, 
viz : add the following proviso. 

Provided, That before paying so much of the aforesaid 
sum as is charged for newspapers, delivered to members 
of the Legislature, the Treasurer shall require of the per- 
sons who have made such charges, a list of the names of 
all such members, and the numbers of papers, and the 
amount charged for each member. And if upon examina- 
tion any error shall be found in the charges so made, the 
Treasurer shall make deduction accordingly. 

Sent up for concurrence. 

JULIUS ROCKWELL, Speaker. 

In Senate, April 8, 1835. 
Concurred. 

GEO. BLISS, President. 
Approved, April 8, 1835. 

SAM. T. ARMSTRONG. 



^ommontpealti) of M^^^^tf^nntiin. 



SECRETARY'S OFFICE, MAY 21, 1835. 

I HEREBY Certify, That I have compared the Re- 
solves, Messages, and other Documents, printed m this 
pamphlet, with the original papers remaining in this office, 
and find the same to be correct. 

EDWARD D. BANGS, 

Secretary of the Commonwealth. 



INDEX 



RESOLVES, MESSAGES, &c. 



JANTJAHTr SliSSIOXr, 1835. 



A. 



Academy, Dukes County, grant of money in aid of, . . 122 

Accounts, Rolls of, audited by Committee of Accounts, . . 149, 181 

« " audited by Treasurer, . , . 172, 192, 196 

Adjutant General authorized to release certain land in Barre, &c. 

on which gun-houses now stand, .... 118 

Agent, for prosecuting Massachusetts Claim, to be appointed, . 127 

Alden, Humphrey, grant of land or money to, for services in the 

Revolution, ....... 106 

American Institute of Instruction, grant of money in aid of, . ib 

Ashburnham, town records of, confirn-.ed, .... 114 

Asylum for Deaf and Dumb, (see Deaf and Dumb.) 

Audubon's Illustrations, provisions for preservation of, from injury, 120 



B. 



Bailey, Timothy, administrator, may convey certain lots of land, . 

137, 138, 139 
Baker, Alice, widow, may sell certain real estate, . . . Ill 

Banks, information concerning, given by Governor, . . 34 

Barburick, Mary, grant to, for services of her husband in the Rev- 
olution, .... ... 107 

A 



ii INDEX. 

Barnard, Annas, grant to, for services of her husband in the Rev 

olution, ....,, 

Berkshire Agricultural Society, allowance to, 
Boltwood, Elijah, allowance to, as member of last General Court 
Boston Society of Natural History, grant to, 
Boston, city of, allowance to, for repairs on Rainsford Island, 

" " " for support of pauper lunatics, 

" Harbor, survey of, provided for, 

" " appropriation for survey of, . . 

Breed, Joseph, 3d, allowance to, as member of last General Court 
Briggs, Abner, grant to, for services in the Revolution, 
Brown, Lucretia, right of State in certain land, releasd to, 
BurdJn, Lovel VV. administrator, may convey certain real estate, 



108 

75 

127 

108 

126 

148 

96 

132 

127 

110 

85 

144 



Canton, trustees of fund in Cong. Parish in, may pay over a part 

of said fund, . , . . _ .114 

Carver, selectmen of, made guardians of heirs of L. Seepit, . 85 
Castle Island, fort on, (see Fort Independence.) 

Chapin, Harvey, allowance to, for taking fugitive from justice, . 105 

Chaplains of General Court, pay of, established, ... 140 
Chappequiddic Indians; provisions for support of an individual 

belonging to, ..... gg 

Civil Government, list of, for 1835, ..... 3 

Clerks of the General Court, allowance to, for services, . , 98 
Commissioners for enlarging Lunatic Hospital, Board of, constituted, 133 
Committee of General Court, to investigate condition of public lands, 103 
Committee on the Library, to take measures for preserving "Audu- 
bon's illustrations," • . . . . JOQ 

Committee on the Revised Statutes, to sit during the recess, . 125 

Committee of Accounts, their rolls, ..... 149 I8I 

Convent in Charlcstown, opinion of Legislature expressed respect- 
ing destruction of, . . . . . .115 

Council, compensation of members of, established, . . 129 

County Taxes granted, ••••.. 97 

Cushmg, L. S. Clerk of House of Representatives, allowance to, 
for compiling reports on contested elections. 



90 



Day, Benjamin, guardian, may sell certain estate of J. S. Dwight, 

deceased ....... lOO 



INDEX. 



Ill 



Deaf and Dumb Asylum, provisions for support of individuals at, 72, 73 
Deeds, returns of roj,'istry of, in tlic several counties, for certain 

years, provided for, ..... 143 

Drowne, Sarah, grant to, ...... 82 

Dukes County Academy, grant of money in aid of, . . 122 

Dukes County, Indians in, to be aided in support of schools, . 143 

Dunton, James, grant to, for services in the Revolution, . . 104 



E. 



Eastern Lands, information concerning, communicated by Gov- 
ernor, ...... 32 

" condition, &c. of, to be examined by Committee, 103 

Elliot, Francis, pay and pension granted to, ... 122 

Ellis, Willard, pension granted to, . . . . . 89 



F. 



Fitch, Joel, administrator, may make certain affidavit, . . 135 
Fort Independence, in Boston harbor, information concerning di- 
lapidated condition of, given by Governor, . 75 
" opinion of Legislature expressed respecting 

condition of, &c. .... 79 

Frost, Samuel, pension granted to, . . . . . 86 
Fuel, &c. for use of government, provision for, . . . ■ 140 



G. 



Gates, Artemas, to be supported at Deaf and Dumb Asylum, . 73 

General Court, compensation of members of, established, . . 129 

Geological Survey of State, 2d edition of, how^ further distributed, 80, 130 
" " " further compensation allowed for past 

services in, .... 

George, Nancy, administratrix, authorized to convey certain real 
estate, . . . . • 

Georgia, Resolutions from, communicated, .... 

Governor requested to transmit certain Resolves to Members of 
Congress, ...... 

" authorized to take measures for survey of Boston har- 

bor, ....... 

Governor's Messages, (for paiticulars, see Message.) 27, 70, 73, 77, 78, 83, 

91,92, 112, 120, 121. 



82 

118 
67 

79 

96 



iv INDEX. 



H. 

Hackley, Aaron, guardian of J. Scott, may sell certain lands, . 109 

Harvard University, to receive certain copies of laws from State 

Library, ....... 88 

Hedge, Levi, administrator of W. K. Hedge, may make affidavit, 

&c 87 

Hobbs, Prentiss, trustee, may sell certain real estate, . . 141 

Hospital at Worcester, (see Lunatic Hospilnl.) 

House of Representatives, compensation of members of, . . 129 



I. 



Indian, Chappequiddic, P. Madison, how supported, . . 89 

Indian?, in Dukes County, provision for aid of, in support of schools, 143 



L. 



81 
102 
103 



Lambert, William G. and another, executors of G. Pritchard, may 
convey certain i-eal estate, .... 

Land Agent, accounts of, settled, .... 

" to assist in investigation respecting eastern lands. 

Lands, (see Eastern Lands and Land ^tgent.) 
Leighton, Charles, allowed for superintending repairs of State House, 95 
Lewis, Charles, and another, trustees, authorized to reconvey cer- 
tain land, . . . . . . .116 

Lieut. Governor, salary of, established, while acting as Chief Mag- 
istrate, . . . . . .105 

" requested to take measures for protection of Rains- 
ford Island, 113 

" requested to take measures for prosecuting the 

State Claim on the United States, . . 127 

" requested to make certain distribution of copies 

of geological report, .... 130 

" and Council, authorized to appoint Commission- 

ers for enlarging State Lunatic Hospital, . 133 

List of Civil Government for 1835, ..... 3 

Low, John V. pay of, as assistant messenger to Governor and Coun- 
cil, established, ...... 130 

Lunatic Hospital, information concerning prospects and condition 

of, given by Governor, . . . . 37 



INDEX. V 

Lunatic Hospital, rc[)rusciilatioii of trustees, respecting eiilar^o- 

iiient of", traiisiuitted, .... 74 

" provisions for enlarging, .... 133 



M. 



Madison, Polly, an Indian, provision for support of, . . 89 

Maker, Amos, to be supported at De.if and Dunib Asylum, . 79 

Mansfield, Isaac, guardian of ?\. Williams, may mortgage or sell 

certain estate, . . . . . .145 

Marshpee Indians, information concerning, conniiunicated by Gov- 
ernor, ....... 65 

Maryland, Resolutions from, communicated, ... 67 

Massachusetts Claim on U. S. information and remarks concerning, 

communicated by Governor, . 38 

" " further information concerning, com- 

municated by Lieut. Gov. Arm- 
stiong, . . . .112 

" " further provisions for asserting and 

prosecuting, . . . 127 

Message on public affairs, at commencement of session, Jan. 1835, 27 

" transmitting documents on various subjects, . . 70 

" communicating information concerning fort on Castle 

Island, and sundry other matters, ... 73 

" transmitting proceedings of Council respecting accounts 

of Warren Bridge Corporation, ... 77 

" communicating information of Gen. Ruttcr's resignation, 78 

" communicating report respecting astronomical survey of 

State, &-C. ...... 83 

" respecting certain military elections, ... 91 

" of Gov. Davis, resigning the Chief Magistracy, . . 92 

" communicating further information respecting Massachu- 
setts Claim, . . . . . .112 

" respecting certain elections of militia officers, . . 120 

" communicating information respecting suit between 

Charles River Bridge and Warren Bridge Corporations, 121 

Messenger of General Court, pay of, provided for, . . . 134 

" " " to provide fuel, &c. for government, 140 

Militia, information respecting state and organization of, given by 

Governor, ....... 48 

" appropriation for payment of certain service in, . . 76 

" information concerning elections to office in, given by Gov- 
ernor, ....... 91 

B 



vi INDEX. 

Militia, further information respecting elections to office in, given 

by Lieut. Governor, . . . • • 120 



N. 

Neale, Mary, release to, of state right in certain land, 

New- York, documents from, respecting banks, &cc. communicated 

North Carolina, resolves from, respecting certain slaves, communi 

cated, ...... 

North Eastern Boundary, information concerning, given by Gov 

ernor, ...... 



o. 



Officers of Revolutionary War, non-commissioned, further |)rovis- 

ions in favor of, ...... 104,137 



112 

67 

73 
33 



P. 



Parker, William, agent for certain minors, may make and file affi- 
davit, &c. ....... 147 

Pauper Laws, rem£%s of Governor concerning, ... 59 

Pensioners, State, grants to, . . . . 83, 84, 86, 89, 93, 122 

Porter, William, Jr. allowance to, as Counsellor in behalf of State, 94 

Prescott, William, State Pensioner, pay of, increased, . . 83 

Prison Discipline Society, grant to, . . . . .110 

Public Lands, (see Eastern La7ids.) ..... 



Quarter Master General's Department, appropriation for, . . 133 

R. 



113 



Rainsford Island, provisions for protection of, from ravages of the 
sea, ...... 

" repairs on, to be paid for, .... 126 

Registers of Deeds required to make certain returns to Secretary's 

Office, 148 



INDEX. vii 

Revision of the Laws, iutbrination concerning, given hy Governor, 54 
" " fonner Resolve respecting distribution of 

Commissioners report on, repealed, . ' 72 
" " further provisions respecting, . • 125 
Revolutionary Services, further provisions for compensating, . 104 
Rhode Island and Massachusetts, information concerning suit be- 
tween, communicated, ..... 65 
Rolls of Accounts, audited and allowed, . . 149,172,181,192,196 
Rowley, Thomas, Jr. grant to, ..... 93 



s. 



100 
93 
86 

143 



76,80 

85 

129 

123 



Salisbury, West parish in, may sell certain real estate, 
Saunders, Amos N. pension granted to, . 

Savery, Thomas, allowance to, as member of last General Court, 
Schools among Indians in Dukes County, aid to, granted, . 
Secretary directed to purchase a number of copies of certain edi 
tions of the Laws, ..... 

Seepit, Luana, heirs of, placed under guardianship, 

Senate, compensation of members oi', established, • 

Sewali, Joseph, and others, may convey certain real estate, 

Shepard, Michael, allowance to, as member of last General Court, 107 

Soldiers of Revolutionary War, further provisions in favor of, . 104, 137 

State House, appropriations and allowances for repairs at, furniture, 

&c. . . . . . . . 71,95,97 

State Prison, information concerning condition of, given by Gov- 
ernor, ...... 35 

" certain repairs at, authorized, .... 99 

State Lunatic Hospital, (see Lunatic Hospital.) 
Statutes, revision of, (see Revision of the Laws.) 
Survey of the State, information concerning progress of, communi- 
cated, ..... 62 

" " report respecting astronomical department of, 

transmitted, ..... 83 

" " further appropriation for, ... 88 

Survey, Geological, report on, how further distributed, . . 80, 130 

" " allowance for services of E. Hitchcock in pre- 

paring report concerning, ... 82 

Survey of Boston Harbor, provided for, .... 96 

" " " appropriation for, . . . 132 

T. 

Taxes granted for several Counties, . . . . . 97 



viii INDEX. 

Treasurer directed as to transfer of certain notes, &c. to Natlian 

Willis, 77 

" authorized to borrow money, .... 95 

" Rolls of Accounts, audited by, . . . 172, 19"3, lOfi 



u. 



Ursuliiic Convent at Mount Benedict, opinion of Legislature ex- 
pressed respecting destruction of, . . . .115 



w. 

Warden of State Prison, authorized to make certain repairs, . 99 
Warden, Rebecca, allowance to, for services of her husband in the 

Revolution, . . . . . . .139 

Warren Bridge, information concerning, comnmnicated by Govornor, 34 
" further information concerning suit in relation to, 

communicated, . . . . . 121 

"Westcott, Stephen, administrator on estate of R, Everett, may con- 
vey certain land, ...... 136 

Whalin, .Tosc])li, may receive deed of land from Land Agent, . 94 

Wheeler, John H. allowance to, for work at State House, . . 97 

"Wheelock, Martin, State Pensioner, pension of, continued, . 84 

"Willis, Nathan, certain notes, &c. in Treasury, to be transferred to, 77 



RESOLVES 



THE GENERAL COURT 



Commontoealtf) of iilas0acl)usetts!. 



PASSED 

AT THE EXTRA SESSION, WHICH COMMENCED ON WEDNESDAY THE SECOND OP 
SEPTEMBER, AND ENDED ON WEDNESDAY THE FOURTH OF NOVEMBER, ONE 
THOUSAND EIGHT HUNDRED AND THIRTY-FIVE; AND AT THE SESSION 
WHICH COMMENCED ON VFEDNESDAY THE SIXTH OF JANUARY, AND 
ENDED ON SATURDAY THE SIXTEENTH OF APRIL, ONE THOU- 
SAND EIGHT HUNDRED AND THIRTY-SIX. 



33ublf8t)ctr astecaWa to a Besolbe of tjje nl^tetntff Sanuavj, 1812. 




Ronton: 

DUTTON & WENTWORTH, PRINTERS TO THE STATE. 



1836. 



RESOLVES 

OF 

THE GENERAL COURT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED AT THE EXTRA SESSION, 



WHICH COMMENCED ON WEDNESDAY, THE SECOND OF SEPTEMBER, AND ENDED ON 

WEDNESDAY, THE FOURTH OF NOVEMBER, ONE THOUSAND EIGHT 

HUNDRED AND THIRTY-FIVE. 



L.IEUT. GOVEItNOR'S ADDRESS. 



Representatives' Chamber, Sept. 2, 1835. 

At II 0^ clock, A. M. the Senate and House having assem- 
bled in Convention, His Honor the Lieutenant Gover- 
nor came in, preceded by a Joint Committee of both 
Houses, and attended by the Honorable Council, the 
Secretary, Treasurer, Adjutant General and Attorney 
General j and delivered the following 



^^£:^ 



Fellow Citizens, 

The present meeting of the General Court being held 
for the despatch of special and important business con- 
nected with the revision of the statutes of the Common- 



208 LIEUT. GOVERNOR'S ADDRESS. 

wealth, it is not deemed necessary, nor will it probably 
be expected, that a statement of the public affairs, so 
minute and comprehensive, should be offered, as is cus- 
tomary upon the assembling of the Legislature at the 
commencement of the year. Yet the People may reason- 
ably expect that those who are honored with the manage- 
ment of these affairs will so feel their responsibility, as, 
with readiness, to seize upon every suitable opportunity 
for presenting to their constituents, an account of all that 
concerns the general welfare, and submit their doings to 
the careful inspection, and candid judgment, of those men, 
who stand here in the place of the people themselves. 

The subject of Warren Bridge was very soon brought 
under the notice of the Executive, in circumstances de- 
manding serious consideration. Among that numerous 
population, who are more nearly interested in the result 
of the controversy, caused by the erection of this Bridge, 
there were many well-disposed persons, who expressed 
doubts as to the legality of longer demanding toll. They 
strenuously contended that the Act of March 28th, 1834, 
Chap. 131, had expired ; that there was no authority any 
where conferred, by virtue of which the tolls could be 
lawfully demanded ; and that the Bridge had become a 
free public highway. These opinions, openly expressed, 
offered a suflicient inducement for proposing several 
questions for the official advice of the Attorney General. 
The questions proposed, and the replies thereto, accom- 
pany this communication. The Directors of Warren 
Bridge Corporation were informed of the opinion of the 
Attorney General ; and that it would guide the action of 
the Executive in this matter. A ready acquiescence, in 
what was so declared to be the law of the land, followed 
on the part of all concerned. This ready acquiescence 
affords evidence, that our fellow citizens, who are to be so 



LIEUT. GOVERNOR'S ADDRESS. 209 

much affected by the eventual decision of this protracted 
controversy, wait with patience and confidence for the 
removal of the burden of which they complain, and with 
a hope undiminished by any doubt of the justice of their 
request, or any distrust of the will or the ability of the 
proper tribunal, at the proper time, to apply the remedy. 
Legislation upon this affair cannot be long deferred. Will 
it not be best to consider and decide the question early, 
and declare what is intended as our settled policy ? 

The survey of Boston harbor, and the preparation of 
plans defining the lines beyond which it may not be expe- 
dient to permit the erection of any wharf into and over the 
tide waters of the Commonwealth, on either side of said 
Harbor, requiring great caution and accuracy, and involv- 
ing highly important interests, has been entrusted to 
Messrs. Loammi Baldwin, Sylvanus Thayer, and James 
Hayward, whose fidelity and skill afford the surest guar- 
anty of a satisfactory result. They immediately entered 
upon their duties, by notifying all parties interested, to 
appear before them, and proceeded to appoint Mr. B. F. 
Perham as the Surveyor ; this gentleman has pursued his 
labors, until the soundings, which are the most laborious 
and troublesome part of the work, are nearly completed. 
The Harbor, beginning at the bay of Charles River, 
above West Boston Bridge, and extending to the shore of 
South Boston, as far as the Alms House, and a straight 
line drawn to high water mark, at a point east of the new 
wharf at East Boston, has been divided into six sections. 
Throughout all these sections, two sets of parallel lines 
were established, with the greatest accuracy possible, at 
right angles with each other ; the lines, in each set, being 
one hundred feet apart ; and, at every intersection, the 
soundings were taken with great care ; showing the depth 
of tide water below high water mark. The Report of the 



210 LIEUT. GOVERNOR'S ADDRESS. 

Commissioners, in final accomplishment of their doings, 
together with the plans, will be in readiness to be laid 
before the General Court in the course of the ensuing 
winter. 

On the 17th of March, a Resolve was approved author- 
izing the erection of a Sea Wall, on such part of the shore 
of Rainsford's Island, as may be necessary to protect that 
island from the ravages of the sea. In the discharge of 
this duty, it has been an object of anxious desire, that the 
liberality of the legislature should be seconded by a 
wise and provident expenditure of the sum appropriated. 
After repeated conferences with intelligent persons, prac- 
tically acquainted with structures of this nature, it was 
resolved that, in order to carry into effect the intention 
of the legislature, the wall ought to be of a character 
similar to that which the United States agent is now 
constructing at George's Island. A suitable person was 
appointed to this service, but who, owing to other engage- 
ments, was compelled to decline the service. At the next 
session of the council, Mr. Alexander Parris, an able and 
experienced engineer, was appointed agent, who has 
accepted the office and entered upon the discharge of its 
duties. It is not many years since an amount nearly 
equal to the sum now appropriated was drawn from the 
treasury of the Commonwealth, for the erection ol a sea 
wall on the same parts of the island as are now proposed 
to be protected by this wall ; but, owing to some failure 
in the manner of building, or defect of the materials used, 
no part of this work, which was exposed to the full force of 
the sea, is now standing. Fidelity to the public interests 
required that measures should be adopted most likely to 
prevent the recurrence of a similar disaster. This island, 
while it affords an effectual barrier to the invasions of 
pestilence from abroad, and is thus of great importance to 



LIEUT. GOVERNOR'S ADDRESS. 211 

every portion of the state, serves also as a breakwater, 
to protect the harbor from the inroads of the sea, and, in 
this view, may be presented to the National Government, 
as well entitled to the notice of Congress in its appropria- 
tions, if the legislature shall direct an application to be 
made for that purpose. 

The Resolve of April 3d, authorizes the appointment of 
an agent of the Commonwealth, for the prosecution of its 
claim for expenses and disbursements in defending its 
territory during the late war with Great Britain. What- 
ever advantages may be conferred by a familiar and 
accurate knowledge of the grounds upon which this 
claim rests, as well as an actual canvassing and refutation 
of the pretences, under cover of which justice has been 
so long withheld from us, are united in the gentleman 
upon whom was conferred the appointment ; but he has 
felt compelled to decline the agency. Since his deter- 
mination was made known, the 27th ultimo, no opportu- 
nity has been given to select a successor. His letter of 
resignation will be found among the documents. 

The wisdom and beneficence of the Legislature in pro- 
viding an asylum for insane persons will not be doubted. 
We are surrounded by evidences of the salutary effects of 
the moral and physical treatment of the patients who are 
subjected to the regimen and discipline of the institution 
at Worcester. The resolve of April 7th, having author- 
ized the erection of an additional building, sufficiently 
large to accommodate one hundred insane persons ; the 
execution of- this labor has been confided to five commis- 
sioners, Messrs. Levi Lincoln, Julius Rockwell, Isaac. L. 
Hedge, Joseph Jenkins and Stephen Whitney. It is deem- 
ed to be matter of congratulation that the late governor 
of the state readily consented to act as one of the com- 
missioners ; it was under the administration of governor 



212 LIEUT. GOVERNOR'S ADDRESS. 

Lincoln that this good work was begun ; and, during its 
progress, it has never lacked the aid which his talents, 
humanity and zeal could impart. The other gentlemen, 
coming as thej do from various and distant sections of the 
Commonwealth, and deservedly possessing, in an eminent 
degree, the confidence of their fellow citizens, will diffuse 
abroad correct information as to the objects proposed, and 
the benefits to be attained, by the establishment of this 
abode for suffering man. Such has been the industry with 
which this business has been conducted, that there is an 
assurance upon the terras of the contract, of having in 
readiness, for the reception of patients, one half of the 
proposed accommodations in the month of June, 1836, 
and the residue at the same time the following year. A 
chapel, for the use of the inmates of this institution, is 
much needed ; and I know of no mode in which one 
thousand dollars could be more usefully expended. 

The annual appropriation for the support of deaf and 
dumb pupils, belonging to this Commonwealth, at the 
Asylum in Hartford, is six thousand five hundred dollars. 
Notwithstanding the efforts which have been made to 
search out among the inhabitants, in all parts of the state, 
suitable objects, who are entitled to participate of this 
provision, the number of pupils has yearly diminished, 
until the unexpended balance of the appropriation ex- 
ceeded, in May last, the sum of three thousand dollars. 
This unexpended balance is paid over to the trustees of 
the New England Institution for the education of the 
Blind, in addition to the annual appropriation of six thou- 
sand dollars allowed by the resolve. This sum unex- 
pended having yearly increased, and now amounting to 
more than one half of the sum specially allowed for the 
education of the blind, it seemed advisable that the fact 
should be stated for the information of the Leirislature. 



LIEUT. GIOVEUNOR'S ADDRESS. 213 

The propriety and justice of supplying the means ot" edu- 
cation for all classes of our citizens will not be (piestion- 
ed, and surely those who, by the permission of Divine 
Providence, are deprived of access, in the ordinary mode, 
to the common sources of knowledge and improvement^ 
will not be among the first to feel the scrutiny of econ- 
omy. The proper separation of the inmates of this insti- 
tution, according to age, sex, capacity and employmentj 
requiring an increase of the number of apartments, the 
trustees are now erecting an additional building, by which 
this object will be fully attained ; and they will then be 
able to offer to all proper applicants alike the advantages 
of a residence within its walls and the benefits it is adapt- 
ed to impart. There are now supported, free of charge, 
twenty-five pupils belonging to the Commonwealth; and 
this number will probably be increased, when the building 
which is now preparing shall be completed. 

A communication iVom the Land Agent will be laid 
before you, and it will be ])erceived, that there has been 
sold, since the first day of February last, upwards of one 
hundred and sixty-one thousand acres of the public do- 
main. The amount of the purchase money is ;$f3 40,203,9 1 ; 
of which sum, cash to the amount of ^72,988,88 has been 
paid into the treasury of the Commonwealth, and notes 
and securities for the balance. 

By a communication from the Department of War, 
under date of May 1 lih, 1835, information was receivedj 
that the apportionment of arms for arming and equipping 
the militia under the act of Congress, having been made 
out, there was found due to this Commonwealth, a bal- 
ance equivalent to four thousand seven hundred and thir- 
teen muskets. The Adjutant General was directed to 
request that four thousand muskets, and rifles, pistols, 
sabres and swords, to the amount of the balance, should 
28 



214 LIEUT. GOVERNOR'S ADDRESS. 

be forwarded, to be deposited in the arsenal at Cambridge. 
Hitherto, however, no part of this apportionment has 
been received by us here. 

In the full possession of all those blessings which are 
indicated by unsurpassed prosperity, abounding health and 
undisturbed tranquillity among ourselves, we see demon- 
strations of an unwonted excitability in some portions of 
the country upon the subject of domestic slavery. To 
allay this excitement, by any suitable mode, seems obvi- 
ously the duty of the philanthropist and the patriot. Our 
constitution guarantees to each of the states the exclu- 
sive control and management of its own internal affairs. 
Whatever may be the opinions, or the desires, of the peo- 
ple of Massachusetts in regard to slavery, as it exists in 
our country, it is most assuredly believed that they are 
utterly opposed to the countenancing of any measures hav- 
ing for their object the disturbance of the peace, or the 
abridgement of the constitutional rights of any of the 
states of this Union. Whatever measures may be neces- 
sary now or at a future period, for the removal of existing 
evils, must and should be referred to the prudence, justice 
and compassion of those who are most deeply interested 
in the results awaiting their decision ; and whose final 
accountability is to Him who has made of one blood all 
men. We have confidence that the decision, to which 
our slave-holding countrymen shall ultimately come, will 
be founded in equity. We cherish the union of these 
states as the chief of our political blessings, and as the 
pillar on which lean the hopes of those who are quickly to 
succeed us in the scenes of this world ; — for the perpe- 
tuity of this Union we will readily acquiesce in sacrifices 
as large and as liberal as duty does or shall require. We 
firmly hold now, as in every vicissitude we have held, an 
unfeigned and unabated attachment to the constitution of 



LIEUT. GOVERNOR'S ADDRESS. 215 

the country ; that constitution whicli forms the basis of 
our nation's peace, honor and hope. 

In entering upon the important business which s])ccial- 
\y demands our consideration at this time, we shall not 
be unmindful of our dependence upon the Great Legisla- 
tor of the Universe, for the benefits which have come to 
us through the institutions of oiu- fathers; nor less for any 
that may flow to ourselves or posterity by tlu^ labors in 
which we shall now engage. Surrounded as we are by 
irresistible evidences of the prudent forecast of oiu' pre- 
decessors, does not wisdom dictate an adherence to the 
road illumined by experience, rather than to trust to that 
which is marked out only by the fitful glimmerings of a 
specious theory? Do the scenes that are passing around 
us, and the crises which seem to be coming, indicate such 
an advance towards perfection of the social state, as will 
justify a wide departure from the course which has hitherto 
assured our peace and safety ? From the earliest period 
of our history, the militia of Massachusetts has been relied 
on as a sure defence against assault or commotion. 
Whether the present is a time when it will be best to 
make the experiment of neglecting it, is submitted to 
the wisdom of the representatives of the people ; — to the 
people themselves. While the labors of these good and 
great men pass under our revision, let us not lose sight of 
the motives which actuated them in their legislation ; 
motives which will embalm their memories in undying 
fragrance, even should the empire they founded pass, as 
they have, from the earth. 

By the provisions of the constitution of the Common- 
wealth, the duties of the chief magistrate were devolved 
upon me on the 3d day of March last. I have assidu- 
ously sought to discharge these duties in a faithful, 
impartial, and acceptable manner ; an account of my 



216 MESSAGE. 

doings, so far as it was jiulged to be needful, has now 
been submitted. If niv abilities shall sustain my en- 
deavors, in what remains jet to be performed in the 
further discharge of public duties, the interests of the 
people of the Commonwealth, which have been commit- 
ted to my hands, shall not suffer bj my agency. 

That we all may obtain an abundant supply of the 
wisdom which is profitabhj to direct us in our various 
stations, will be the wish and the praver of every en- 
lightened, consistent lover of his country. 

SAMUEL T. ARMSTRONG. 

Council Chamber, September 2, 1 835. 



CHAP. CV. 



To the House of Representatives : 

In compliance with the order of September 30th, in re- 
lation to the repairs of Rainsford Island, 1 have the hon- 
or to state, that the Agent has proceeded to examine the 
shore of this Island, and the works on the other Islands 
in Boston Harbor, where walls somewhat similar to that 
which is proposed, have been erected ; for the purpose of 
ascertaining the kind of wall which it would be best and 
most economical to erect under authoritv of the Resolve 
of March 17th ; he has also made a survey and plans for 
the proposed wall. The reasonable charges for these la- 
bors is all the expense which has been incurred in the af- 
fair. No account having been rendered by him, it is not 



MESSAGE. 217 

in my power to state what is the precise amount of the 
expense of the agency thus far, but it cannot be great. 

Not many years since, a wall was erected on the Is- 
land, at or near the same points now intended to be pro- 
tected, and at an expense to the Commonwealth, of four 
thousand three hundred sixty-three dollars, sixty-four 
cents : so completely has this wall been demolished, that at 
the present time it is difficult even to trace the line of it ; 
although a very small part, less exposed to the violent 
gales, remains nearly in its original condition. The stones 
which composed this wall, though much scattered by the sea 
about the beach, have been of great service as a break- 
water, and have in considerable measure protected the 
shore from the ravages of the sea. 

After a personal visit to the Island, for the purposes of 
inspection, and with the knowledge of the expense and 
fate of the old wall, it was, on the 4th of July, in Coun- 
cil, resolved, " that for the purpose of carrying into effect 
the intention of the Legislature, in relation to the protec- 
tion of Rainsford Island, a sea-wall be constructed of a 
character similar to that now constructing under the di- 
rection of Lieutenant Smith at George's Island, in or near 
the line of the former wall." 

On the 6th of July, Col. Sylvanus Thayer was nomi- 
nated and appointed Agent for the work. On the 18th, 
he resigned the appointment, and in his letter of resigna- 
tion says, " with an anxious desire to reconcile my duty 
with your request, on a reconsideration of the subject, I 
find myself compelled, although reluctantly, to entreat 
that you will permit me to return the commission with 
which you were pleased to honor me." At the next ses- 
sion of the Council, on the 27th of August, Alexander 
Parris Esq. was appointed to the agency, and has ac- 
cepted the trust. His labors have been confined to the 



218 MESSAGE. 

inspection and survey of the shore, and the preparation 
of plans and estimates for the work. Upon ascertaining 
that the persons most likely to undertake the erection of 
the wall, were already engaged, and that it could not be 
entered upon before spring, no contracts have been made 
either for materials or labor. He has formed a plan of 
such a wall as, in his judgment, will be cheapest and best ; 
and which will extend about 1300 feet in length ; but at 
each end the wall will be less elevated than the other 
parts ; so that he calculates for the whole to be equal to 
1000 feet, and this he estimates to cost ^^ 13,500, which 
sum agrees well with the information on the subject, de- 
rived from conversations and inquiries made by me with 
other gentlemen competent to judge ; and is not, proba- 
bly, much, if any, greater in amount than it was suppos- 
ed would be the expense, by those who have considered 
the subject, and the nature, importance, and extent of the 
work. Although the appropriation is but ^4,500, yet the 
Committee reporting this resolve, say, " the expense of 
securing the Island from damage of the sea, in the bejt 
and most economical manner, will amount to a sum not 
less than ^^4,500.'' Presuming therefore, that it was the 
intention of the Committee, and of the Legislature, that 
the work was to be done in the best and most economical 
manner, I have endeavored to conform to their directions, 
in all that has been done or omitted to be done. 

Of the necessity of rearing a wall at this place and of 
the expediency of doing so at this time, 1 cannot doubt, 
after a candid examination of the evidence which has been 
presented. Of the ability, skill, and fidelity of the Agent 
there will be no question, among men used to the erection 
of such works, and I possess the recommendation of such 
men to that effect ; and am informed, by those in whom I 
confide, that the easterly part of the Island is the most 



MESSAGE. 219 

exposed, and needs attention as soon as practicable. It was 
intended hy the Agent at once to have endeavored to 
enter into contracts for the materials necessary to build 
about 300 feet in length, including the curve required in 
the wall ; deeming it very important that at least this part 
of the Island should be protected, if possible, the present 
season ; and to collect and lay along the shore, upon or 
near the site of the old wall, such stones as are now lay- 
ing promiscuously about the beach : this would serve to 
prevent the earth, as it is washed from the bank by the 
rains, from being carried off by the waves of the sea ; it 
would manifestly be useful, and it would cost but a small 
sum. The principal work can be best contracted for in 
the fall season, so that it may be commenced early in the 
spring, and completed before the return of winter. 

Presuming that the plans, which have been prepared by 
Mr. Parris, would be of much service in elucidating the 
subject, and especially so to such gentlemen as have nev- 
er visited the Island, they are herewith transmitted. 

SAMUEL T. ARMSTRONG. 

Council Chamber, October 2, 1835. 



220 GENERAL STATUTES. 



CHAP. CVI. 



Resolves providing for the payment of the Commissioners 
appointed to revise the General Statutes of the Com- 
monwealth. 

October 28, 1835. 

Resolved, That there be allowed and paid to the Com- 
missioners appointed to revise the general statutes of the 
Commonwealth in full for their services and expenses the 
following sums : 

To Charles Jackson, chairman of the commissioners, 
for his services three and a half years at two thousand 
five hundred dollars per annum, eight thousand seven 
hundred and fifty dollars. 

To Asahel Stearns, for his services three years at one 
thousand and five hundred dollars per annum, four thou- 
sand and five hundred dollars. 

To John Pickering, for his services two and a half 
years at one thousand and five hundred dollars per annum, 
three thousand seven hundred and fifty dollars. 

To the executors or administrators of the late John H. 
Ashmun, for his services one year, two thousand dollars. 

To Charles Jackson, Asahel Stearns and John Picker- 
ing, jointly, for expenses of clerk hire in preparing the 
Revised Statutes, one thousand dollars. And the lieu- 
tenant governor may draw his warrant accordingly. 



WEIGHTS AND MEASURES. 221 



CHAP. CVH. 

Resolve concerning the Standard Weights and Measures in 
the Treasury. 

October 30, 1335. 

Resolved^ That two commissioners shall be aj)point- 
ed bj His Honor the Lieutenant Governor, who, with 
the Treasurer and Receiver General of" the Common- 
wealth, shall cause the standard weights and measures 
of" the Commonwealth to be carefully examined, and 
their inaccuracies corrected, or shall supply the places of 
the imperfect weights and measures by new and accurate 
ones as they shall deem expedient ; and they shall far- 
ther procure to be used as public standards a new set of 
weights of the following denominations, namely, one of 
fifty pounds, one of twenty-five pounds, one of ten 
pounds, and one of five pounds avoirdupois weight, and a 
two quart measure and a one quart measure, Winchester 
corn measure, and shall cause the yard to be divided into 
feet and inches, and they shall give the preference to 
such weights and measures used by the government of 
the United States, as they shall find to be accurate, and 
they shall cause proper devices or inscriptions to be en- 
graved or stamped upon the said weights and measures, 
and the whole of them to be enclosed in suitable boxes or 
cases, and deposited in the ofificc of the Treasurer of 
the Commonwealth, there to be carefully kept by him ; 
and they shall make a detailed report of their doings to 
the Legislature as soon as may be. 
29 



222 ACCOUNTS. 



CHAP. CVIII. 

Resolve for the payment of Qertain Accounts audited by 
the Treasurer. 

October 30, 1835. 

Resolved, That there be paid out of the treasury, to 
the several persons referred to in the accompanying Roll, 
the sums set against their names respectively, amounting 
to the sum of four thousand one hundred fifty-three 
dollars and sixty-two cents, being in full discharge of the 
accounts and demands to which they refer, and that a 
warrant be drawn therefor. 



eonunouU)ecilUj of J^aiijisactius^ettis. 



Treasury Office, 10th Mo. (Oct.) 27th, 1835. 

The Treasurer having, in compliance with an Order of 
the Legislature, passed October 7th instant, examined 
the accounts presented to him, respectfully reports : 

That there is due to the several persons enumerated on 
the annexed 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 mentioned. 

HEZ'H BARNARD, Treasurer. 

To the Honorable Senate, 

and House of Representatives. 



ROLL OF ACCOUNTS 

Audited by the Treasurer of the Commomoealth, in com- 
pliance with an Order of the General Court, passed 
October 7th, 1835, reported October 21th, 1835. 

PRINTERS. 

Adams & Hudson, for advertising, and for pa- 
pers supplied to October 17, 1835, 232 41 

Badger & Porter, for papers supplied to October 

17th, 1835, 120 12 

Barrett, George C, for papers supplied to Oc- 
tober 14th, 1835, 43 74 

Beals & Greene, for papers supplied to October 

17th, 1835, 88 50 

Buckingham, Joseph T., for advertising, and 

for papers to October 17th, 1835, 137 51 

Clapp, William W., for papers supplied to Oc- 
tober 17th, 1835, 73 90 

Craig & Seymour, for advertising to Maj 5th, 

1835, 19 00 

Condon, Samuel & Co., for papers supplied to 

October 17th, 1835, 30 12 

Dutton & Wentvvorth, for papers supplied to 

October 17th, 1835, 6 78 

Ford, John, for papers supplied to October 17th, 

1835, 119 18 

Free Press, for papers supplied to October 17th, 

1835, 80 64 

Garrison & Knapp, for papers supplied to Octo- 
ber 17th, 1835, 4 37 



224 COUONb:RS. 

Hale, Nathai), for advertising, and for j)a[)ers 

to October 17th, 1835, 137 87 

Haughton, Richard, for papers supplied to Oc- 

ber 17th, 1835, 121 04 

Homer & Palmer, for advertising, and for pa- 
pers to October 1 7th, 1835, 82 26 

Hack, C. A., for advertising, to March 1st, 

1834, 4 00 
Nichols, William, for papers supplied to Octo- 
ber 17th, 1835, 9 00 

Osgood, C. & Co., for advertising, to April 1 1 th, 

1835, 9 50 
Palfrey & Chapman, for advertising, and for 

papers to October 17th, 1835, 18 04 

Porter, William, S., for papers supplied, to Oc- 
tober 14th, 1835, 16 50 
Reed, David, for papers supplied, to October 

15th, 1835, 13 21 

Willis, Nathaniel, for papers supplied to Octo- 
ber 17th, 1835, 20 84 



^1,388 53 
CORONERS. 



Bryant, Nathan, for taking an inquisition May 

29th, 1835, 
Gardner, Israel, for taking an inquisition July 

19th, 1835, 
Needham, Thomas, for taking an inquisition 

April 7th, 1835, 
Shute, Ebenezer, for taking inquisitions to Sept 

19th, 1835, 
Snow, Prince, for taking inquisitions to Au 

gust 3d, 1835, 



15 


21 


12 


40 


1 

7 


40 


35 


67 


28 


19 



^98 87 



MISCELLANIES. 225 



MISCELLANIES. 

Alford, Elijah, for furnishing copies of certain 
papers, taking depositions, &c., to be used in 
the case before the legislature, on the peti- 
tion of the town of Greenfield, 17 35 
Bacon, Henry, assistant messenger, to October 

24th, 1835, 96 00 

Burditt, Jarnes, W., for stationary, &c. suppli- 
ed to Oct. 13th, 1835, viz: 
For the Senate, 70 14 

" Representatives and Com- 
mitte on Revised Stat- 
utes, 370 37 
" Secretary, &c., 463 51 
" Library, 11 46 
Land Office, 3 86 

919 34 



Butler, J. H., for paper supplied the Senate 

to October 10th, 1835, 122 50 

Chase, Warren, assistant messenger, to Octo- 
ber 24th, 1835, 96 00 

Clifford, John H., for balance of his account of 
services as clerk to the Committee on Re- 
vised Statutes, 96 00 

Gushing, Luther S., for services rendered by di- 
rection of the Committee on Revised Stat- 
utes, in preparing and superintending the 
publication of the amendments adopted by 
them, 100 00 

Cutting, Elijah W., for services as assistant 



226 MISCELLANIES. 

messenger to Committee on Revised 
Statutes, to August 29th, 1833, 8 00 

Assistant messenger to the legislature, to 

24th October, 1833, 96 00 



104 00 



French, Charles D., for furnishing copy of the 
last census of the Commonwealth, with its 
several distinctions of ages, sexes, color, lo- 
cations, &c. &c., by order of the House of 
Representatives, 75 00 

Gragg, Washington P., for balance of his ac- 
count of services as clerk to the Committee 
on Revised Statutes, 62 00 

Leach, Matthias, for the services of his son, as 

page to the senate, to October 24th, 1833, 46 00 

Learnard, William, for services in preparing 
two copies of the Revised Statutes to be re- 
ported to the legislature ; and also copying 
the report of the Committee on Revised Stat- 
utes, &c. 120 62 

Murphy, David, assistant'messenger to October 

24th, 1833, " 96 00 

Pitts, Sarah, for the services of her son as page 
to the House of Representatives, to October 
24th, 1833, 46 00 

Wheeler, John H., for carpenter's work in the 

State House, &c., to October 8th, 1833, 614 91 

Whitman, Allen, for services rendered in pre- 
paring the Revised Statutes, for the Com- 
mittee of the legislature, 64 50 

$'2,666 22 



ASSISTANT MESSENGERS. 



227 



AGGREGATE. 



Printers, 

Coroners, 

Miscellanies, 



1,388 53 

98 87 

2,666 22 

^4,153 62 



CHAP. CJX. 



Resolve providing additional pay for the Assistant Mes- 
sengers of the General Court. 

October 30, 1835. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth, to Elijah W. Cutting, the sum of 
forty dollars, and to David Murphy, the sum of thirty 
dollars, as compensation for additional services rendered 
by them as assistant messengers of the General Court, 
in consequence of the sickness and death of the late 
messenger ; and that warrants be drawn accordingly. 



228 MESSAGE. 



CHAP. ex. 

A Resolve respecting the Repairs upon Rainsford Island. 

October 30, 1835. 

Resolved, That His Honor the Lieutenant Governor, 
and the Honorable the Council, be, and they hereby are 
requested to cause to be prepared, a suitable representa- 
tion to Congress, setting forth the necessity of an appro- 
priation by the General Government, for the purpose of 
protecting the harbor of Boston from the inroads of the 
sea, by erecting a sea wd\\ around Rainsford Island ; and 
to cause the said representation to be presented by the 
representatives in Congress from this Commonwealth at 
an early day of the next session thereof. 



CHAP. CXi. 

To the Senate and 

House of Representatives. 

The 14th chapter of the Revised Statutes, as it is un- 
derstood to have passed both branches to be engrossed, 
contains some provisions which I deem to be objectiona- 
ble. If it is consistent with duty to the public interests, 
in view of the legislature, I respectfully ask that such 
legislative action may now be had on this portion of the 
Statutes, as that it may be submitted to me for revisal as 



WARREN CHASE. 2^9 

the constitution requires, and in a separate form, so lliat 
it may be considered and acted upon by the executive, 
and returned with objections, if the public welfare de- 
mands that course, or approval, if that shall seem expe- 
dient. 

I suggest this procedure with great diffidence, and sub- 
mit the disposal of this request to the wisdom of the 
legislature, being desirous of avoiding delay of the pub- 
lic business and protraction of the session. 

SAMUEL T. ARMSTRONG. 

Council Chamber, October Si, 1835. 



CHAP, CXII. 



Resolve in favor of Warren Chase, Assistant Messenger 
to the General Court. 

October 31, 1835. 

Resolved, That there be paid out of the treasury of 
this Commonwealth to Warren Chase, assistant messen- 
ger to the general court, the sum of twenty dollars, as 
compensation for extra services rendered by him in con- 
sequence of the sickness and death of the late messen- 
ger, and that a warrant be drawn accordingly. 



30 



230 JOHN V. LOW. 



CHAP. CXIII. 

Resolve to pay the Clerks for making duplicate Journals. 

November 2, 1835. 

Resolved^ That there be paid to the Clerk of the Sen- 
ate, and the Clerk of the House of Representatives, 
fifty dollars each, for copying the Journals of the present 
session for the Library, as required by the orders of the 
two branches of the Legislature, and that a warrant be 
drawn accordingly. 



CHAP. CXIV. 

Resolve in favor of John V. Low. 

November 2, 1835. 

Resolved, That there be paid out of the Treasury of this 
Commonwealth, to John V. Low, assistant messenger to 
the Governor and Council, two dollars per day, for each 
and every day he has been, or may be employed in that 
capacity, during the present session of the Council ; and 
that a warrant be drawn therefor. 



SERGEANT AT ARMS. 231 



CHAR CXV. 

Resolve to pay the Chaplains. 

Novembers, 1835. 

Resolved, That there be paid to the Rev. Hubbard 
Winslow, Chaplain of the Senate, the sum of forty dol- 
lars ; and to the Rev. George W. Blagden, and the Rev. 
Ezra S. Gannett, Chaplains of the House of Representa- 
tives, the sum of twenty dollars each ; and that warrants 
be drawn accordingly. 



CHAP. CXVl. 



Resolve making an appropriation for the Sergeant at 

Arms. 

Novembers, 1835. 

Resolved, That there be paid out of the Treasury, to 
the Sergeant at Arms, the sum of two hundred dollars, 
in addition to the balance in his hands received from the 
executor of the late deceased messenger, to discharge 
the bills unpaid during the illness, and since the death of 
said messenger and to purchase necessary articles for the 
use of the General Court, the Council Chamber, Land 
Office, and the offices oi the Secretary, Treasurer and Ad- 
jutant General of the Comnjonwealth, the said Sergeant 



232 REVISED STATUTES. 

at Arms to be acconn table for tlie expenditures of the 
same to the Treasurer and Receiver General : and that a 
warrant be drawn therefor accordingly. 



CHAP. CXVII. 

Resolves relating to the Revised Statutes. 

November 3, 1 835. 

Resolved, That, as soon as may be, after the proroga- 
tion of the present General Court, the Hon. George Bliss, 
President of the Senate, and the Hon. Jidius Rockwell, 
Speaker of the House of Rejnesentatives, shall cause to 
be published the Revised Statutes of the Commonwealth, 
together with the Constitution thereof, the Constitution 
of the United States, and such other additions as they shall 
deem expedient ; and that tbr this purpose, the officers 
aforesaid shall forthwith, after the passage of this Resolve, 
advertise for pro])osals for printing and publishing the 
same ; said proposals to state the most favorable terms per 
copy for which the competitors will ])riiit, in a style not 
inferior to the several parts of the Report of the Commis- 
sioners to the Legislature, and bind, in a style not inferior 
to that of the Reports of the Supreme Court, — and sup- 
ply the Commonwealth witii fifteen hundred copies, and 
keep for sale at some convenient place in the city of 
Boston, for the term of five years, the said Revised Stat- 
utes, to be sold to any person at the same price per copy 
that may be paid by the Commonwealth ; and that the 
officers aforesaid shall take, from the person or persons 
with whom they shall make a contract for the publication 



REVISED STATUTES. 233 

as aforesaid, a bond with sufficient penalty to ensure the 
fulfihnent of said contract according to the tenor of this 
Resolution, and the terms of the bond executed in con- 
formity thereto. 

Resolved, That said George Bliss and Julius Rockwell 
shall appoint two commissioners, by whom or under 
whose direction the copies of said Statutes, transcribed 
from the originals in the Secretary's office, shall be care- 
fully examined, and all the proof sheets of said Statutes 
shall be carefully revised, and said Commissioners shall 
also prepare marginal notes to the sections of said Stat- 
utes, and an exact and copious index to the whole, and 
shall personally superintend the publication thereof. Said 
Statutes shall be printed according to uniform rules of or- 
thography and punctuation. And in the performance of 
said work, the Secretary shall furnish such assistance of 
clerks as the Commissioners shall deem necessary, and 
his accounts therefor shall be presented to the Committee 
on accounts of the General Court for auditing and allow- 
ance. 

Resolved, That the acts of the present session of the 
General Court, except as above provided, and also the 
resolves thereof, shall not be published, according to the 
provisions of the resolve of January, one thousand eight 
hundred and twelve, until after the first session of the 
next General Court, and that the same shall then be pub- 
lished with the acts and resolves respectively of said ses- 
sion. 

Resolved, That said printed copies of the Revised 
Statutes, when received by the Conunonwealth, shall be 
deposited in the Secretary's office, and the Secretary 
shall distribute two copies to each Commissioner employ- 
ed in the revision and publication thereof, one copy to 
each member of the present General Court and the offi- 



234 MESSAGE. 

cers thereof, and out of the remainder he shall distribute 
the same number of copies to all the other persons and 
corporations mentioned in the second chapter of the Re- 
vised Statutes, as he is required to distribute of the annu- 
al laws by the provisions of that chapter, and one copy to 
each Senator and Representative in Congress from this 
State. 



CHAP. CXVIII. 

To the Senate and 

House of Representatives. 

Gentlemen — I v^as permitted for a while to indulge 
the grateful hope, that the Legislature would have been 
able, with their sense of duty, to have complied with the 
request I had the honor to prefer in the Message of the 
30th ult., and thus allow me to act upon the 14th chap- 
ter of the code separated from the residue. Had it been 
their pleasure to have adopted the course there suggested, 
the pain attendant upon presenting this communication 
would have been spared me. 

In the first place, it may be well to recite the joint 
rule, 9S adopted in both branches ; it is in these words : 
" It shall be the duty of the Clerk of the House of Rep- 
resentatives, whe7i requested so to do, to submit the sev- 
eral chapters of the Revised Statutes, except when 
they are under the immediate action of the House, to the 
inspection of the Lieutenant Governor, and the Commit- 
tee of the Senate on engrossed bills." This arrange- 
ment was made by the two branches, without conference 
or consultation with me. as to its propriety or convenience, 



MESSAGE. 235 

bj a vote which, having been passed, was entered on their 
journal. It will be perceived that there is no direction 
for communicating a copy, and in point of fact, no official 
copy has been furnished up to this time. 

It is very far from my intention to construe this pro- 
cedure unkindly. But the effect of this oversight, it will 
be seen, naturally is, to destroy the influence of the exe- 
cutive branch of the government in the enaction of the 
whole body of the Revised Code. Who can presume to 
read over, even cursorily, these laws, in the brief term of 
five days, as limited by the Constitution? But for what 
purpose are the laws submitted to the revision of the 
Chief Magistrate ? What is his duty by the Constitution.^ 
If he have " ANY objection," then he is to return the 
bill with his objections in writing. By declining to send 
to me the 14th chapter by itself, 1 am prevented from 
acting upon it by itself. I am compelled to sign and 
approve an act which I disapprove ; or I must adopt the 
alternative, and decline to place my signature to the Code 
itself. The situation is one of great responsibility. I 
feel it to be so. For my motives, I cast myself on your 
candor. 

The Revised Statutes of the Commonwealth having 
now been presented in form, I respectfully invite your 
attention to some provisions contained in the fourteenth 
chapter. By the thirteenth section of that chapter, it is 
provided, " that the limits of the jail yard of each jail 
shall extend to all places within the boundaries of the 
County.'"' This is believed to be, so far, in accordance 
with the spirit of our institutions, and the dictates of 
wisdom. But in the same section, it is further providedy 
"that in respect to all proceedings on executions, issuing 
upon judgments, which have been, or may be, recovered 
on contracts, made between the second day of April, in 



236 MESSAGE. 

the year one thousand eight hundred and thirty-four, and 
the day when this chapter shall go into effect, as a law, 
the limits of each jail yard shall be the boundaries of the 
town in which such jail is situated." And the 14th sec- 
tion is as follows : " in respect to all proceedings on ex- 
ecutions, issuing upon judgments, which have been or 
may hereafter be recovered upon contracts made before 
the second day of April, in the year one thousand eight 
hundred and thirty-four, the limits of each jail yard shall 
remain as the same were established previously to that 
day.^^ 

The distinction made, in these provisions, between 
debtors, according to the various dates when the con- 
tracts were entered into ; seems to me to be uncalled 
for by any rules of justice, or by any expression of the 
public will. 

When this bill shall become a law, one debtor will en- 
joy liberty throughout the county ; another will be re- 
stricted to the limits of a town ; and a third will be con- 
fined to the narrow bounds of what has been heretofore 
meted out as the jail limits, comprising in the city a sin- 
gle loard, and in other places iifew rods around the pris- 
on house, in the county towns ; and each of these men 
indebted, it may be, to the same amount and upon con- 
tracts made under similar circumstances. If the remedy 
forms no part of the contract, such inequality in the 
awards of law, appears to be unwise and inexpedient ; 
tending to bring into suspicion and disrepute the institu- 
tions of the Commonwealth, and rendering odious the 
administration of the laws. 

By the act of April 2, 1834, it is provided that from 
and after its passing "the limits of the several jail yards 
in this Commonwealth shall be so extended as to com- 
prehend all places within the actual boundaries of the 



MKSSACjIK. 231 

city or town in vvliicli such Jails arc situated." The 
14th section of the 1 kh chapter does virtually, though 
silently repeal this act, in rei^ard to all debts contracted 
previously to its passing. 1 nray be permitted to ask, 
were the people rendered uneasy and dissatisfied by this 
law ? Where are the petitions for its repeal ? Is the an- 
swer to these questions found in the fact, that six months 
afterwards, Governor Davis, who approved and signed this 
act, was re-elected by forty-four thousand votes ? 

The laws to be respected must be wise, and coincide 
with public opinion. To be obeyed, they must be 
known. To be generally known, they must be sta- 
ble. The frequent, but perhaps in many cases una- 
voidable, alteration of the laws is, in my judgment, often 
a great evil; but, the apology offered for this evil, is that 
the state of our society is advancing : that legislation 
must keep pace with the improvement of the age. Prob- 
ably this will not be assigned or received as a substantial 
reason for the alteration of the law in the present in- 
stance. 

For a long series of years the relaxation of the laws 
for the relief of debtors, has regularly advanced, with a 
gradual, but firm step. We read that a debtor was, by 
his creditor, commanded to be sold, and his wife and 
children and all that he had. But there is no approba- 
tion of this remedy recorded in the narrative. The con- 
tentment of the good people of Massachusetts evinces 
an acquiescence in the doings of their representatives 
from year to year, and confirms the belief that the good 
which has accompanied the adoption of these measures 
in this Commonwealth, outweighs the evils endured as 
the consequences. 

It is to be feared that bad men^ availing themselves 
of the mercy of the law, have withheld, and do, even 
31 



238 MESSAGE. 

now, withhold the property which they can, and ought 
to surrender for their creditors. The disappointment and 
distress into which creditors are sometimes plunged 
by the j)crfidy of fraudulent debtors is much to be lament- 
ed. Personal experience is not wanting. But no human 
system is perfect ; and I am constrained to say, that the 
law which places the body of a debtor in the power of 
his creditor, when he has no property, and when there is 
no proof of fraud, is a rigorous, impolitic and unjustifia- 
ble law, and one which I conscientiously believe ought 
to be every where abolished. 

Has not the sound j)racticeof ages, proved the wisdom 
of that axiom, which declares it to be better that many 
guilty should escape justice, than that one innocent man 
should sufier ? If this humane principle prevailed in an 
age comparatively severe and unrelenting, and that too in 
regard to the criminal law, may we not safely adopt a 
similar rule in relation to debtors, in these days of light, 
refinement and beneficence ? 

While other states seize with avidity upon such means 
as their power or resources affords, to augment the num- 
ber of their inhabitants, alluring the ardent and the en- 
terprising within their borders, shall Massachusetts, with 
a sky less genial, and a harder soil, superadd to this in- 
equality, a system of less liberal law ? 

Citizens attached to the Commonwealth by the ties of 
nativity, interest and affection ; whose useful labors and 
efibrts of genius would have contributed to augment the 
sum of our prosperity, have been compelled to seek abodes 
where they might exert their talents, in the pursuits of 
life, under the immunities of milder laws. They are 
thus dispersed into distant places, exposed to the perma- 
nent influence of institutions ungenial to freedom, and 
unfriendly to the developement, in their offspring, of in- 
tellectual and moral excellence. 



MESSAGE. 239 

The people of" this Commonwealth are iiovv^ enjoying a 
condition of surpassing prosperity ; how much of this 
prosperity may have been accorded by Divine Providence 
in mercy for the consideration heretofore bestowed l)y 
us upon the poor, cannot be safely asserted. But, how- 
ever this may be, it w ill be no cause of sorrow, if, by 
a perseverance in such measures, some abatement of that 
thrist for the acquisition of wealth should be effected, 
which now seems threatening to overshadow and blight 
the growth of the })rinciples of liberty and independence 
among us. To have nourished those principles will af- 
ford a satisfaction not to be over estimated. While to 
have impeded their progress by grudging the cost, or 
closing the sources of mercy, will be to have neglected 
the true, palpable and enduring interests of the people. 

If the passages to which 1 object, were stricken from 
this bill, the limits of the jail yards would be co-extensive 
with the counties ; and this would apply to all debtors 
without distinction, as to the time when the contract was 
formed. We might then wait until the legislature shall, 
at no distant day, abolish all imprisonment for debt. 
Among other advantages anticipated, will be to hasten 
the enactment of a suitable system of law by which a 
termination will be put to the unequal practice by which 
the hard hearted and eagle eyed secure their demands in 
full, to the damage and sometimes the ruin of the lenient 
and liberal. 

The vicissitudes of time and trade, which no sagacity 
can foresee, will not fail to overwhelm many, from year 
to year; and it is due to the people, from their law giv- 
ers, to provide alleviation for misfortune, if it cannot be 
averted ; while they are bound, carefully, to hedge up, as 
with briers and thorns, the paths of fraud. I am opposed to 
this bill, because the repeal of the law of April 2, 1834, is 



240 MESSAGE. 

not tleriKHukul by any direct expression of j)iil)lic opinion ; 
and because its repeal is inexpedient. 

Because, imprisonment for debt, when tliere is no ev- 
idence of" fraud, is unnecessary, unequal in operation, im- 
politic, and opposed to the principles of Christianity. 

Had it pleased the legislature to have granted to my 
request, what perhaps I had a constitutional right to de- 
mand of them, and sent me the 14th chapter, in the 
usual separate form of an act, I should have returned it 
not approved : and for the reasons I have stated. Such 
was not their pleasure. Has then the Chief Magistrate 
been permitted to exercise his undoubted rights in this 
matter, as conferred by the Constitution ? Has not his 
power in relation to this code been annihilated to all 
practical j)urposes, by refusing to allow him to act upon 
these important aflairs except only in the mass ? W as it 
ever contem})lated, by the framers of the Constitution, 
that the Chief Magistrate of the Commonwealth should 
have less influence in the enactment of the laws than any 
member of either branch ? But is it not so? What mem- 
ber has beeji prevented from exj)ressing his assent or dis- 
sent uj)on every chapter, sejiarately and collectively ? If 
this is to be construed as a precedent for succeeding 
times, then is the executive power of Massachusetts, in 
this regard, a name only. 

Notwithstanding that this rightful demand has been thus 
denied; yet, reflecting uj)on the possible consequences of 
returning the whole code without approval ; the great 
waste of time, labor and money, if it should be lost ; and 
the disap])ointment to the hopes of the people in such an 
event ; determining on my part to avoid all appearance 
of rashness, precipitancy or self-will ; and remembering 
also that before the code will go into operation, as a law, 
an opportunity will be afforded to examine, amend, or re- 



REVISED STATUTES. 241 

peal its provisions, have induced me, though with great 
reluctance, to submit for the public good, to the constraint 
which has been imposed upon me, waive mj objections, 
and officially approve the Revised Statutes. 

It only remains for me to ask that this communication 
may have a place upon your journal. 

SAMUEL T. ARMSTRONG, 

Council Chamber, November 4, 1 835. 



CHAP. CXIX. 

Resolve in addition to a Resolve concernins the Revised 

Statutes. 

November 4, 1835. 

Resolved, That in addition to the persons mentioned 
in a former resolve, there be delivered to His Honor the 
present Lieutenant Governor, and to the members of the 
present Council, each, one copy of the Revised Statutes, 
whenever the same shall be published. 



242 GENERAL LAWS. 



CHAP. CXX. 

Resolve in favor of Thomas Richardson. 

November 4, 1835. 

Resolved^ That there be paid out of the Treasury of 
this Commonwealth, to Tho. Richardson of Boston, 
the sum of fifty dollars, it being the amount omitted on 
the pay roll, of his attendance as a member of the pres- 
ent General Court, and that a warrant be drawn therefor. 



CHAP. CXXI. 



Resolve in relation to the General Laws of the Common- 
wealth. 

November 4, 1835. 

Resolved^ That the Hon. Charles Jackson be requested 
to compare the Revised Statutes with the existing gene- 
ral laws of the Commonwealth, and to report to the next 
General Court what laws, if any, will be in force, and 
ought to be continued, notwithstanding the repeal con- 
tained in said Revised Statutes. 



ABNER BROWN. 243 



CHAP. CXXII. 

Resolve in favor of Matthias Parkhurst. 

November 4, 1835. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth to Matthias Parkhurst of Lowell, the 
sum of six dollars, it being the amount omitted on the 
pay roll, of his attendance as a member of the present 
General Court, and that a warrant be drawn therefor. 



CHAP, CXXHl. 

Resolve in favor of Abner Brown. 

November 4, 1835. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth to Abner Brown of Brimfield, the 
sum of two dollars, being the amount omitted on the 
pay roll, of his attendance as a member of the present 
General Court, and that a warrant be drawn therefor. 



244 DAVID HATHAWAY. 



CHAP. CXXIV. 

Resolve in favor of David Hathaway. 

November 4, 1835. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth to David Hathaway of Dighton, the 
sum of sixty-four dollars, it being the amount omitted on 
the pay roll, of his attendance as a member of the present 
General Court, and that a warrant be drawn therefor. 



RESOLVES 



THE GENERAL COURT 



COMMONWEALTH OF MASSACHUSETTS, 



PASSED AT THE SESSION, 



WHICH COAlMENCED ON" WEDNESDAY, THE SIXTH OF JANUARY, AND ENDED ON 

SATURDAY, THE SIXTEENTH OF APRIL, OITE THOUSAND EIGHT 

HUNDRED AND THIRTY-SIX. 



CIVIL. OOVERNMENT 

OF THE 

eommontoealtii of M^^^^^tt^tttUf 

FOR THE POLITICAL YEAR 1836. 



HIS EXCELLENCY 



EDWARD EVERETT, 

COVERXrOR. 

HIS HONOR 

GEORGE HULL, 

XiIEUTEZTAITT OOVRRIirOR. 



COUNCIL.. 

DAVID WILDER, 
JONATHAN HARTWELL, 
ASA W. WILDES, 
BENJAMIN RUSSELL, 
NATHANIEL AUSTIN, 
BENJAMIN RODMAN, 
ZENAS CRANE, 
WARREN LOVERING^ 
EDWARD F. JACOBS. 



JOHN P. BIGELO^T, 

Secretary of the Commonwealth. 
WILLIAM TUFTS, 1st Clerk. CHARLES W. LOVETT, 2d Clerk. 

HEZEKIAM BARNARD, 

Treasurer and Receiver General of the Commonwealth. 
JOSEPH FOSTER, 1st Clerk. JOHN I. LINZEE, 2d Clerk. 



SENATE. 

HORACE MANN, 

PRESIDENT. 



SUFFOLK DISTRICT. 

William Sturgis, Nathan Gurney, 

Horace Mann, Phineas Sprague, 

John C. Gray, Stephen Fairbanks. 

ESSEX DISTRICT. 

George Lunt, Jonathan Shove, 

Stephen P. Webb, Charles Kimball, 

John Tenney, Joseph Kittredge. 

MIDDLESEX DISTRICT. 

Leonard M. Parker, Reuben Bacon, 

William Parmenter, William Livingston. 

Stephen Pope, 

WORCESTER DISTRICT. 

Charles Hudson, Charles Allen, 

Charles Russell, Linus Child, 

Waldo Flint, Ethan A. Greenwood. 

HAMPSHIRE DISTRICT. 

Myron Lawrence, William Ward. 

HAMPDEN DISTRICT. 

Harvey Chapin, Orrin Sage. 



SENATE. 249 

FRANKLIN DISTRICT. 

Ephraim Hastings. 

BERKSHIRE DISTRICT. 

Russell Brown, Joseph Fitch. 

PLYMOUTH DISTRICT. 

Abel Kingman, John B. Turner. 

BARNSTABLE DISTRICT. 

Charles Marston. 

NANTUCKET AND DUKES CO. DISTRICT. 

Leavitt Thaxter. 

NORFOLK DISTRICT. 

Ebenezer Blake, Benjamin. P. Williams. 

Abel Cushing, 

BRISTOL DISTRICT. 

Seth Whitmarsh, Henry Williams. 

James H. Handy, 



Charles Calhoun, Clerk. 
W. P. Gragg, Assistant Clerk. 
F. W. P. Greenwood, Chaplain. 



HOUSE OF REPRESENTATIVES. 



JULIUS ROCKWELL 

SPEAKER. 



COUNTY OF SUFFOLK. 

Boston, Joseph T. Adams, 

Kichard Austin, 
William Barnicoat, 
James Barry, 
Levi Bartlett, 
George Blake, 
Abner Bourne, 
James Boyd, 
Benajah Brigham, 
William Brigham, 
Lemuel Capen, 
James Clark, 
Zebedee Cook, Jr. 
John L. Dimmock, 
Benjamin Dodd, 
Thomas Edmands, 
Frederick Emerson, 
Joseph Eveleth, 
Thomas G. Fessenden, 
Benjamin Fiske, 
David Francis, 
Francis C. Gray, 
Henry D. Gray, 



HOUSE OF REPRESENTATIVES. 251 

Boston, John Green, Jr. 

James Harris, 
Samuel D. Harris, 
Leach Harris, 
Eliphalet P. Hartshorn, 
George E. Head, 
Daniel Henchman, 
Zachariah Hicks, 
George S. Hillard, 
Enoch Hobart, 
Prentiss Hobbs, 
Cranston Howe, 
Thomas Hunting, 
Zachariah Jellison, 
Henry W. Kinsman, 
John Knapp, 
William Lawrence, 
Joseph M. Leavitt, 
Charles Leighton, 
Charles Lincoln, 
Jared Lincoln, 
Ebenezer H. Little, 
Edward G. Loring, 
James Means, 
Daniel Messinger, 
Hugh Montgomery, 
John C. Park, 
Oliver W. B. Peabodj, 
Abel Phelps, 
John L. Phillips, 
Solomon Piper, 
Henry G. Rice, 
Jeffrey Richardson, 
James Ridgway, 



252 HOUSE OF REPRESENTATIVES. 



Boston^ 



(Chelsea, 



Daniel Safford, 
John O. Sargent, 
Ebenezer Scott, 
Thomas J. Shelton, 
Alvan Simonds, 
Asa Swallow, 
Samuel H. Walley, Jr., 
Lynde M. Walter, 
Isaac Waters, 
John B. Wells, 
William Willett, 
Henry Williams, 
Robert C. Winthrop, 
Francis B. Fay. 



COUNTY OF ESSEX. 



Ameshury, 
Andover^ 



Beverly, 



Boxford, 
Bradford, 

Danvers, 



Joshua Colby, 
Jonathan Morrill, Jr., 
Thomas Weed, 
Amos Abbott, 
Joshua Ballard, 
George Hodges, 
Solomon Holt, 
William Johnson, Jr., 
Cotton Bennett, 
John Conant, 
Stephen Nourse, 
Nehemiah Roundy, 
John Safford, 
Moses Dorman, Jr., 
Edmund Kimball, 
Jonathan Kimball, 
Daniel P, King, 



HOUSE OF KEPRESENTATIVES. 



253 



DmwerSf 



Essex, 
Gloucester, 



Hamilton, 
Haverhill, 



Ipswich, 



Lynn, 
Lynnjield, 
Manchester, 
Marhlehead, 

Methuen, 

Middleton, 

Newbury, 



Newbury port, 



Andrew Luiit, 
Jacob F. Perry, 
Allen Putnam, 
Joshua II. Ward, 
Charles Dexter, 
John Davis, 
Timothy R. Davis, 
Addison Gilbert, 
Luther Hamilton, 
James Harris, 
Thomas Haskell, 
Robert Rantoul, Jr., 
David Saville, 
David White, 
Israel D. Brow^n, 
James Davis, 
Elbridge G. Eaton, 
Ward Haselton, 
Nathan Webster, 
Josiah Caldwell, 
Nathaniel R. Farley, 
Nathaniel Scott, 

John Perkins, Jr., 

Edward Crowninshield, 
Frederick Robinson, 
Samuel H. Harris, 
Joseph W. Rachelder, 
Daniel Adams, 3d., 
William Currier, Jr., 
Moses Little, 
Silas Moody, 
Charles H. Balch, 



^S 



254 HOUSE OF REPRESENTATIVES. 



Newburyport, 
Rowley^ 

Salem, 



Salisbury, 



Saugus, 
Topsjield, 
Wenham, 
West Netvbury, 



Solomon H. Currier, 
Ebenezer Moseley, 
Edward Smith, 
Jeremiah Nelson, 
Samuel Little, 
Charles A. Andrew, 
Nehemiah Brown, 
Benjamin P. Chamberlin, 
Eleazer M. Dalton, 
Putnam I. Farnham, 
David Moore, 
George Peabody, 
William Sutton, 
John S. Williams, 
Henry M. Brown, 
John Morrill, 
True G. Graves, 

Jacob Towne, 
Moses Foster, 
John E. Bartlett, 
Moses Carr. 



Acton^ 

Ashby, 

Bedford, 

Billerica, 

Brighton f 

Burlington, 

Cambridge^ 



COUNTY OF MIDDLESEX. 

Francis Tuttle, 
Cashing Burr, Jr., 
Amos Hartwell, 
Daniel Wilson, 
George Livermore, 
Nahum Jenison, 
Luther Brooks, 
Joseph T. Buckingham, 
Abraham Edwards, 



HOUSE OF REPRESENTATIVES. 255 



Cambridge, 


Charles C. Little, 




Isaac Livermore, 




Levi Parker, 




William J. Whipple, 




Thomas Whittemore, 


Carlisle, 


Benjamin Barrett, 


Charlestown, 


Elias Crafts, 




Edward Cutter, 




Samuel Etheredge, 




Timothy Fletcher, 




David Fosdick, 




John Sweetser, 




Benjamin Thompson, 




Dorkin Turner, 


Chelmsford, 


Alpheus Spaulding, 




Amos Whitney, 


Concord, 


Stedman Buttrick, 




Cyrus Stow, 


Dracut, 


Life Hamblet, 




William F. Osgood, 


Dunstable, 




Framingham, 


Moses Edgell, 


Groton, 


Timothy Flood, 




John Boynton, 


Holliston, 




Hopkinton, 


Nathan Phipps, 




Samuel B. Walcott, 


Lexington, 


Philip Russell, 




Nehemiah Wellingtoi 


Lincoln, 




Littleton, 


Asa Priest, 


Lowell, 


William Austin, 



James Chandler, 
Jesse Fox, 



256 HOUSE OF REPRESENTATIVES. 



Lowell^ 



Maiden, 

Marlborough, 

Medford, 

Natick, 
Newton, 
Pepperell, 
Reading, 



SJierburne, 

Shirley, 

South Reading, 

Stoneham, 

Stow and Boxborough, 



Josiah B. French, 
Albigencc W. Fisher, 
Horatio VV. Hastings, 
Erasmus D. Leavitt, 
Samuel H. Mann, 
Aaron Mansur, 
Stephen Mansur, 
Jonathan M. Marston, 
John L. Sheafe, 
Royal Southwick, 
Sydney Spaulding, 
Jonathan Tyler, 
Alexander Wright, 
William W. Wyman, 
James Crane, 
Uriah Chamberlin, 
William Pierce, 
Sylvester F. Bucklin, 
Eli Rice, 
Dudley Hall, 
John King, 
Chester Adams, 
James Fuller, 

Daniel Flint, Jr., 
Thomas Sweetser, 
Caleb Wakefield, 
Silas Stone, 
Zenas Brown, 
James Butler, 
Noah Smith, 
Ira Gerry, 
John Gates, 
Peter Whitcomb, 



HOUSE OF REPRESENTATIVES. 



257 



Sudbury, 


William Brigham, 


Tewksbury, 




Townsend, 


Joel Emery, 




David Palmer, 


Tyngsborough, 


Timothy Butterfield, 


fValtham, 


David Kendall, 




Thomas Sanderson, 


fVatertown, 


Isaac Robbins, 


Wayland, 


Isaac Gleason, 


West Cambridge, 


Leonard Green, 


fVesiford, 


Abram Prescott, 


Weston, 


Henry Hobbs, 


Wilmington, 


David Richardson, 


Woburn, 


Joshua Converse, 




Oliver B. Coolidge, 




William Tidd. 


COUNTY 


OF WORCESTER. 


Ashburnham, 


Asahel Corey, 




Kilburn Harwood, 


Athol, 


Benjamin Estabrook, 


Barre, 


Samuel Lee, 




James Newcomb, 




Francis Rice, 


Berlin, 


Ira Sawyer, 


Bolton, 


Joseph Sawyer, 


Boylston, 


Ward Cotton, 


Brookjield, 


Lewis Abbott, 




Ebenezer Merriam, 


Charlton, 


William P. Marble, 




Jonas Tucker, 


Dana, 


John Towne, 


Douglas, 


Marvel Thayer, 




Aaron A. Wallis, 



258 



HOUSE OF REPRESENTATIVES. 



Dudley, 


William Hancock, 




William Lamed, 


Fitchburg, 


Enoch Caldwell, 




Alvah Crocker, 




Isaiah Putnam, 


Gardner, 


James Scollay, 


Grafton, 


Royal Keith, 


Hardwick, 


Moses Allen, 




Samuel F. Cutler, 


Harvard, 




Holden, 


Paul Davis, 




Silas Flagg, 


Huhhardston, 


Asa Marean, 




Henry Prentiss, 


Lancaster, 


James G. Carter, 




Joel Wilder, 


Leicester, 


Cheney Hatch, 




Thomas Sprague, 


Leominster, 


Phineas S. Burditt, 




Carter Gates, 


Lunenburg, 




Mendon, 


Johnson Legg, 




Edwin D. Sargent, 


Miljord, 


Aaron Claflin, 




Henry Nelson, 


Millbury, 


Lyman Goodell, 




Joseph Griggs, 


New Braintree, 


James Bowdoin, 


Northborough, 


Prentiss Keyes, 


Northbridge, 


Erastus Robinson, 


North Brookfield, 


Tyler Bachelder, 




Oliver Ward, 


Oakham, 


Luther Hunter, 


Oxford, 


Stephen Barton, 



HOUSE OF REPRESENTATIVES. 259 



Oxford^ 


Benjamin F. Campbell, 


Paxton, 


Tjler Goddard, 


Petersham, 


Nahum Gale, 




Cephas Willard, 


Phillipston, 


James Richardson, 


Princeton, 


John Brooks, 




Joshua T. Everett, 


Royalston, 


Russell Morse, 




Benoni Peck, 


Rutland, 




Shrewsbury, 


Balch Dean, 


Southborough, 




Southbridge, 


Samuel A. Hitchcock, 




Abel Mason, 


Spencer, 


James Draper, 




Dennis Ward, 


Sterling, 


Samuel Sawyer, 2d, 


Sturbridge, 


Jared Lamb, 




David K. Porter, 


Sutton, 


David Putnam, 




Asa Woodbury, 


Templeton, 


Samuel Dadman, 


Upton, 




Uxbridge, 


John W. Capron, 




George Willard, 


Ward, 


Edward Rice, 


Warren, 


Chester Powers, 


Webster, 


John W. Tenney, 


Westborough, 


Elisha Rockwood, 


West Boylston, 


Robert B. Thomas, 


Westminster, 


Joseph Whitman, 




Joseph H. Whitney, 


Winchendon, 


Jacob Wales, 




Calvin R. Whitman, 



260 HOUSE OF REPRESENTATIVES. 



Worcester, Thomas Chamberlin, 

Otis Corbett, 
Benjamin Flagg, 
Benjamin Goddard, 2d, 
Thomas Harbach, 
Jubal Harrington, 
William Lincoln, 
Guy S. Newton. 

COUNTY OF HAMPSHIRE. 

Amherst, Martin Baker, 

Osmyn Baker, 
George Nutting, 

Belchertown, Daniel Phelps, 

Israel Towne, 
Djar Bancroft, 
Nathan Orcutt, 
Luther Clark, Jr., 
Epaphras Clark, 
William Hubbard, 
Samuel Ayres, 
Jonathan F. Sears, 
Simeon Dickinson, 
William Smith, 
Solomon Graves, Jr., 
Green H. Church, 
Isaac C. Bates, 
Solomon Stoddard, Jr., 
Asahel Strong, 
Seth Strong, 
Horace Taylor, 
Luther Chapin, 
Elijah Clark, 

Prescott, David Mellen, 



Chesterfield, 

Cummington, 

East Hampton, 

Enfield, 

Goshen, 

Granby, 

Greenwich, 

Hadley, 

Hatfield, 

Middlefield, 

Northampton, 



Norwich, 

Pelham, 

Plainfield, 



HOUSE OF REPRESENTATIVES. 



261 



South Hadley, 

Southampton, 

Ware. 



fVesthampton, 
Williamsburg, 
Worthington, 



William Bowdoin, 
William S. Rogers, 
Reuben Lazell, 
Thomas Wilder, 
Jesse Lyman, 



Blandford, 

Brhnjield, 

Chester, 

Granville, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 



Josiah Mills. 

COUNTY OF HAMPDEN. 

Curtis Hall, 
Russell A. Wilson, 
Festus Foster, 
Linus Hoar, 
Lewis Collins, 
William Henry, 
Alpheus Bancroft, 
Dennison Parsons, 
Burgess Salisbury, 
Theodore Sikes, 
Welcome Converse, 
Ransom Clark, 
AlonzoV. Blanchard, 
Emelius Bond, 
Chauncey W. Morse, 
Robert Forward, 
George Ashmun, 
Lemuel W. Blake, 
Orange Chapin, 
William Child, 
Joel Miller, 
Richard D. Morris, 
Wells Southworth, 
Charles Stearns, 

Samuel B. Spooner, 
34 



262 



HOUSE OF REPRESENTATIVES. 



Tolland, 

Wales and Holland, 

Westjield, 



West Springfield, 



Wilbraham, 



Samuel H. Stebbins, 
Archibald Wright, 
John S. Smith, 
Hervey Champion, 
Thomas Loomis, 
Chauncey Pease, 
Amasa Ainsworth, 
Reuben Champion, 
Dwight Leonard, 
Samuel Noble, 
William Knight, 
Walter Stebbins. 



COUNTY OF FRANKLIN. 



Ashfield, 


Wait Bement, 
Jonathan Sears, 


Bernardston, 


Jonathan Allen, 


Buckland, 


Ezra Howes, 


Charlemont, 
Coleraine, 


Joseph Field, 
Jonathan Johnson, 




Joseph Smith, 


Conway, 


John Arms, 
Charles E. Billings, 


Deerfield, 

Erving^s Grant, 
Gill, 


Epaphras Hoyt, 
Stephen Whitney, 

Alvah Ballard, 


Greenfield, 


Ambrose Ames, 
Thaddeus Coleman, 


Hawley, 
Heath, 


Thomas Longley, 
David White, 


Leyden, 
Leverett, 


John Barstow, 
Rufus Fitts, 



HOUSE OF REPRESENTATIVES. 



263 



Monroe, 

Montague, Aretas Ferry, 

New Salem, Alpheus Harding, 

Northjield, Arad Webster, 

Orange, Hiram Woodward, 

Rowe, Samuel H. Reed, 

Shelburne, Ira Arms, 

Shuteshury, Joseph Adams, 

Sunderland, Jedidiah Clark, 

Warwick, Lemuel Wheelock, 

Wendell, Jabez Sawyer, Jr., 

Whateley, Calvin Wells. 

COUNTY OF BERKSHIRE. 



Adams, 

Alford, 

Becket, 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, 

Florida, 

Great Barrington, 

Hinsdale, 
Hancock, 
Lanesborough, 

Lee, 

Lenox, 

Mount Washington, 



Ebenezer Cole, 
Henry Willmarth, 
Stephen M. Church, 
Origen A. Perkins, 
Noah Y. Bushnell, 

Caleb W. Ensign, 
Josiah Millard, 

William M. Battelle, 
Isaac Seeley, Jr., 
Ichabod Emmons, 
Elijah Goodrich, Jr., 
Bushrod Buck, 
Algernon S. Hubbell, 
Asa G. Welch, 
Winthrop Laflin, 
George J. Tucker, 
Merrit Smith, 



264 



HOUSE OF REPRESENTATIVES. 



New Ashford, 

New Marlborough, 

Otis, 

Peru, 

Pittsfield, 



Richmond, 
Sandisjield, 

Savoy, 
Stockhridge, 

Tyringham, 
Sheffield, 

Washington, 
West Stockhridge, 

Williamstown, 

Windsor, 



Levi L. Smith, 
Ardon Judd, 
Cyrus Stowell, 
Jason Clapp, 
Butler Goodrich, 
Matthias R. Lanckton, 
Jabez Peck, 
Julius Rockwell, 
Lewis C. Sherill, 
Erastus Beach, 
Jabez Smith, 
Charles Dunham, 
Alanson Bennett, 
Avery Williams, 
Oliver Judd, Jr., 
Moses Forbes, 
Lovett Taft, Jr., 
Philip Fames, 
Charles B. Bovnton, 
Martin Hendrix, 
Reuben Eldridge, 
Manning Brown, 
John Weston. 



COUNTY OF NORFOLK. 



Bellingham, 




Braintree, 


Samuel French, 4th, 




Joseph Richards, 


Brookline, 


David R. Griggs, 


Canton, 


Thomas Tolman, 




Abel Wentworth, 


Cohasset, 


Thomas Bourn, 



HOUSE OF REPRESENTATIVES. 265 



Dedliam, 

Dorchester, 

Foxborough, 

Franklin, 

Medfield and Dover, 

Medway, 

Milton, 

Needham, 

Quincy, 

Randolph, 

Roxhury, 



Sharon, 
Stoughton, 

Walpole, 
Weymouth, 



John Dean, 3d., 
William Ellis, 
Daniel Marsh, 
Samuel P. Loud, 
Henry Hobart, 

Daniel C. Sanders, 
George H. Holbrook, 
Warren Lovering, 
Moses Gragg, 
Jason Houghton, 
William Flagg, 
Thomas Kingsbury, 
Harvey Field, 
Edward Glover, 
Thomas Taylor, 
David Blanchard, 
Alvan Kidder, 
Joshua Spear, Jr., 
John J. Clarke, 
Cornelius Cowing, 
Nathaniel Curtis, 
Samuel Doggett, 
Jonathan Dorr, 
Jerathmiel Davenport, 
Nathaniel S. Prentiss, 
David A. Simmons, 
Ziba Plimpton, 
Jesse Pierce, 
Martin Wales, 
Joseph Hawes, 
John B. Hoilis, 
Lemuel Humphrey, 
Jason Pratt, 



266 HOUSE OF REPRESENTATIVES. 



Weymouth, 
Wrentham, 



Attleborouqh, 



Berkley, 
Dartmouth, 



Dighton, 

Easton, 
Fair haven. 

Fall River, 



Freetown, 

Mansfield, 
New Bedford, 



Leonard Tirrell, 



COUNTY OF BRISTOL. ' 

John Daggett, 
David E. Holman, 
Lemuel May, 
Samuel French, 
William Anthony, 
Joseph Gifford, 
George Kirby, 
Ricketson Slocum, 
David Hathaway, 
Nehemiah Walker, 

William L. B. Gibbs, 
Joseph Tripp, 
William Ashley, 
Gilbert H. Durfee, 
Anthony Mason, 
Micah H. Ruggles, 
Caleb B. Vickery, 
Malachi Hovvland, 
George Pickens, 
Knight Day, 
Thomas B. Bush, 
Benjamin Coombs, 
William H. Crocker, 
Robert Hillman, 
Cyrus Hooper, 
Thomas Mandell, 
Sampson Perkins, 
James D. Thompson, 
Jonathan R. Ward, 



HOUSE OF REPRESENTATIVES. 267 



Norton, 

Pawtucket, 

Raynham, 

JRehoboth, 

Seekonk, 

Somerset, 
Swansey, 

Taunton, 



Westport, 



John Crane, 
Cromwell Leonard, 
Willington Kent, 
William Snow, 
Richard Goff, Jr., 
Abel Horr, 
William D. Hunt, 
Lewis Walker, 
Wheaton Luther, 
George Austin, 
James Cornell, 
Apollos Anthony, 
Leonard Hall, 
Allen Presbrey, 
Hodges Reed, 
George Walker, 
Nathan C. Brownell, 
Christopher A. Church, 
Jonathan Davis. 



COUNTY OF PLYMOUTH. 



Ahington, 
Bridgewater,^ 

Carver, 

Duxhury, 

East Bridgewater, 

Halifax, 
Hanover, 
Hanson, 
Hingham, 



John Gushing, 
Dion Bryant, 
Philo Leach, 

Gershom B. Weston, 
William Harris, 
Ezra Kingman, 
Jabez P. Thompson, 
Ebenezer Simmons, 
Junius Tilden, 
Martin Fearing, 
Albert A. Folsom, 



268 HOUSE OF REPRESENTATIVES. 



Hull, 

Kingston, 

Marshfield, 

Middleborough, 



North Bridgewater, 

Pembroke, 

Plymouth, 



Plympton, 
Rochester, 



Scituate, 



Wareham, 

West Bridgewater, 



Francis G. Ford, 
James W. Sivret, 
Robert Goold, 
Joseph Holmes, 
John Ford, Jr., 
Edward P. Little, 
George Atwood, 
Ansel Benson, 
Jonathan Cobb, 
Reuben H afford, 
Andrew Haskins, 
Gamaliel Rounseville, 
Jesse Perkins, 

Silvanus Harlow, 
Joseph Lucas, 
William P. Ripley, 
Nathaniel Russell, Jr., 
Thomas Russell, 
William Thomas, 
Josiah T. Ellis, 
Zaccheus M. Barstow, 
Joseph Hammatt, 
Theophilus King, 
William Sears, 
Abiel Cud worth, 
William James, 
Peleg Jenkins, 
Samuel Waterman, 
Louis Kenney, 
Ellis Ames. 



HOUSE OF REPRESENTATIVES. 



269 



COUNTY OF BARNSTABLE. 

Barnstable, Henry Crocker, 

David Hinckley, 
Nathciniel Hinckley, 
Zenas Weeks, 

Brewster, Nathaniel Crosby, 

Chatham, Freeman Nickerson, 

Joshua Nickerson, 

Dennis, Stephen Homer, Jr., 

Oren Howes, 
Jonathan Nickerson, 

Eastham, George Collins, 

Falmouth, • Ward M. Parker, 

Nathaniel Shiverick, 
Elijah Swift, 

Harwich, Zebina H. Small, 

Job Chase, 
Samuel Eldridge, 2d», 
Elisha Cole, 



Orleans, 
Provincetown, 
Sandwich ^ 

Truro, 

Welljieet, 

Yarmoiith, 



Ebenezer Rogers, 
John Atkins, 
William Galaca, 
Jesse Boyden, 
Abraham Nye, 
Daniel Weston, 
Shubael Snow, 
Henry Stevens, 
Richard Libby, 
Jonathan Hickman, 
David K. Akin, 
Oliver Hallet, 



35. 



270 HOUSE OF REPRESENTATIVES. 

DUKES' COUNTY. 

Chilmark, Stephen Skiff, 

Edgartown, William Coffin, 

Timothy Dagget, 
Tisbury, Thomas Dunham. 

COUNTY OF NANTUCKET. 

Nantucket, Frederick Arthur, 

Jonathan C. Briggs, 
George M. Bunker, 
William R. Easton, 
Benjamin Gardner, 
William Jenkins, 
Samuel H. Jenks, 
Seth Pinkham, 
William Watson. 



LUTHER S. GUSHING, Clerk. 

Samuel K. Lothrop, > 
William M. Rogers, \ 



Samuel K. Lothrop, } r^, / • 

> Chaplains. 



Benjamin Stevens, Sergeant at Arms. 

Wm. Manning, Messenger to Gov. and Council. 

John V. Low, Assistant " " 

Thomas Avis, Watchman to State House. 

Milton Hall, Doorkeeper to Senate. 

Elijah W. Cutting, ) Doorkeepers to the House 

David Murphy, ) of Representatives. 

WiNSLOvv Leach, Page to Senate. 

Orlando Pitts, Page to House of Representatives. 



GOTESil^^OM'S ADDRESS. 



Representatives' Chamber, Jan. 15, 1836. 

At\2 o'clock, noon^ the Senate and House having assembled 
in Convention, His Excellency the Governor came in, 
preceded by the Sergeant at Arms, and accompanied 
by His Honor the Lieutenant Governor, the Honor- 
able Council, and the Ojjicers of State, and delivered the 
following 

ADDMESS : 

bellow Citizens of the Senate and 

of the House of Representatives : 

The organization of the government of tlie Common- 
wealth, for another year, is a fitting occasion for a solemn 
and public recognition of the Power and Providence of 
the Supreme Ruler of the Universe. In entering upon 
the discharge of our respective duties, it becomes those, 
whom the People have clothed with important official 
trusts, to look to the great source of light for that wis- 
dom, which is the only safe guide of public or private 
conduct. 

The circumstances, under which, in conformity with 
established usage, 1 address you, on the present occasion, 
will form my excuse for not entering into a minute detail 
of the affairs of the Com»2ionvvealth. The reports of 
several of the public officers, on the state of their respec- 



272 GOVERNOR'S ADDRESS. 

tivo departments, have been, and those of others will be 
duly submitted to you. As occasion may arise from time 
to time hereafter, your attention will be respectfully invi- 
ted to those matters, which may require the action of the 
Legislature. In this, as in every other j)art of my ofhcial 
duty, I am sensible that my conduct may often stand in 
need of a charitable interj)retation. Ai)proaching this de- 
partment of the public service, without experience in any 
branch of the State Government, 1 can promise nothing 
but a zealous purpose to exert myself to the utmost for 
the public good, in the conscientious discharge of my du- 
ties, under the direction of the Constitution and the Law. 
Among the reflections, which naturally present them- 
selves to the mind, on an occasion like this, it is one of 
the most obvious, that there never has been a people more 
highly favored of Providence, than the citizens of our an- 
cient Commonwealth. We derive from our ancestors an 
inestimable inheritance of civil and religious liberty. As 
citizens of an independent commonwealth and of a fed- 
erative ro})ublic, we live under a political system of our 
choice, by which we are secured in the amplest enjoy- 
ment of the blessings of government, with the smallest 
admixture of its inseparable evils. The government of 
the State is a \m\c Democracy, unlike most of those 
falsely so called in ancient times, which, — perpetually 
convulsed by stormy factions, and agitated by ambitious 
leaders, — sacrificed the great objects of civil society, the 
rights and the welfare of individuals, to projects of public 
aggrandizement. Our system looks to the People not 
merely as a wliole, but as a society composed of individ- 
ual men, whose happiness is the great design of the asso- 
ciation. It consequenily recognizes the greatest good of 
the greatest number, as the. basis of the social compact. 
As the welfare of the People is the sole object of the 



GOVERNOR'S ADDRESS. 273 

Government, their deliberate will is the exclusive source 
of power. To enable the People conveniently and effec- 
tively to express their will, provision is made for an equal 
representation, in virtue of which, the entire power of 
making and executing the laws is confided to those, who 
are freely chosen for that purpose in the primary assem- 
blies. To obviate the evils incident to the long continu- 
ance of power in the same hands, under a tenure of office 
independent of popular control, our system has provided 
for the annual restoration to the People of all the portions 
of power thus delegated. In aid of these constitutional 
provisions, the People of Massachusetts have established 
numerous and powerful legal barriers, against almost all 
the sources of political degeneracy, which have elsewhere 
proved fatal to the happiness of nations. The frequent 
transmission of large estates, disproportioned to the sim- 
plicity of life and manners, which should prevail in a re- 
public, is precluded by our statute of distributions. The 
constant revolution of fortune thus kept up has the happy 
effect, as far as it can be produced by legislation, of mak- 
ing the possession of property the reward of industry and 
probity. Taught by the wisdom of ages the mischiefs of 
an alliance of church and state, we have incorporated it into 
our system, as an article of our political faith, that Relig- 
ion is a concernment between the conscience of man and 
his Creator ; and exists in its greatest purity, when it rests 
upon the public sentiment of an enlightened and virtuous 
community. Warned by the fate of other states of the 
danger of military usurpation, our system is irreconcila- 
bly opposed to standing armies. Placing arms in the 
hands of the entire population, we have relied on a patri- 
otic and w^ell organized militia, as the guardian of the law 
in time of peace, and the basis of defence against invasion. 
Having thus rejected and cast down the pillars of arbitra- 



274 GOVERNOR'S ADDRESS. 

rj government, we have laid the corner stone of the so- 
cial edifice on the intelligence of the People. Almost the 
only compulsion exercised towards the citizen, in his pri- 
vate affairs, by the State, is that which compels him to 
provide the means of educating his children. Left with 
the least practicable interference from the law, in all other 
respects, he is obliged to support free schools, by which 
the elements of useful knowledge are brought within the 
reach of all, alike those who do and who do not, bear a 
part of the burden. With these constitutional and legal 
securities for liberty, it is plain, that all else must be done 
by the public sentiment of an enlightened and patriotic 
community. May we not with reason rejoice, tiiat this 
public sentiment exists among us substantially pure and 
uncorrupted ; that the quiet and humbU^ virtues are re- 
spected ; that frugality and temperance are held in honor ; 
that luxury has made but limited progress; that the rela- 
tions of domestic life are so generall}^ deemed sacred ; 
that Religion commands the reverence of the vast ma- 
jority of the people ; and that as large a proportion of 
the citizens are engaged in the enterprizing, successful, 
and contented pursuit of some industrious occupation, as 
in any part of the world ? Still further may we not rea- 
sonably boast, that various circumstances, in the history 
and progress of the country, have added to the constitu- 
tional and legal guards of freedom and to the public opin- 
ion, which fortifies them, a certain quick sensibility on 
the subject of the rights of the citizen ; a jealousy of all 
encroachment upon them ; a passionate attachment to lib- 
erty as a principle, an inheritance, and a privilege ? To 
keep up this generous spirit should be a lending object 
alike of citizen and magistrate. It is the soul of the 
body politic. Without it, the forms of a free government 
may be made the instruments of oppression; — with it, a 
people may be destroyed, but cannot be enslaved. 



GOVERNOR'S ADDRESS. 275 

While the institutions, habits, and principles of the 
People, as the citizens of an Independent State, are thus 
favorable to the maintainance of a rational and enlighten- 
ed Liberty, the happy frame of the federal government 
supplies whatever else was wanting to the public prosper- 
ity. It has ever been the great problem, in civil polity, to 
unite the strength and power, sufficient to command the 
respect of foreign states, with ])ractical safe-guards for the 
personal rights of individuals at home. Our mixed sys- 
tem, whenever it is faithfully administered, accomplishes 
this object. The federal government, which makes us 
one people, is clothed, by the constitution, with all the 
powers necessary for the management of the foreign rela- 
tions of the country, the guardianship of the national 
honor, the protection of a commerce, which knows no 
limits but those of the navigable ocean, and for the 
regulation of all those internal concerns to which the in- 
dividual states are incompetent ; while all the powers not 
delegated have been reserved to the states or to the Peo- 
ple. In this way, we enjoy the benefits of a government 
strong and respectable, in the aspect which it presents to 
foreign powers ; while in our internal affairs, we are 
spared those vexations and oppressions, which almost in- 
evitably exist under a powerful central administration, 
penetrating from a metropolis to distant provinces. We 
have the strength of the government without its pomp, 
intrusiveness, and unpopularity. It is felt only in its ben- 
efits ; among which it is one of ihe chief, that a family of 
twenty-four states, — to which others from time to time 
will be added, — occupying a vast continent, and possess- 
ing interests, pursuits, and habits, as various as their geo- 
graphical position, instead of being torn by those perpet- 
ual border wars, which have formed the scourge of con- 
tiguous states in other portions of the world, are brought 
into one amicable confederation. 



276 GOVERNOR'S ADDRESS. 

The consequences of this happily contrived system, 
are, as might be anticipated, a degree of prosperity sel- 
dom equalled and never surpassed among men. It is be- 
lieved to be the language of sober truth, and not of patri- 
otic exaggeration, that there does not exist at this mo- 
ment, on the face of the earth, — that there never did 
exist, — a political community as large as the State of 
Massachusetts, enjoying a greater share of prosperity and 
happiness, with less suffering and want. 

Nor is the remark to be limited to our own Common- 
wealth; it may be extended generally to our sister states. 
As one people, the United States present the spectacle 
never witnessed of a nation, which has entirely liberated 
itself from a large public debt, by its faithful payment, 
principal and interest. Our commercial, navigating, man- 
ufacturing, and agricultural interests are in general highly 
prosperous. The past season has, in the aggregate, been 
one of unusual activity. While in almost every part of 
the country, industry is amply crowned with its natural 
rewards, a population increasing without a parallel, and 
furnished with ample capital for the purpose, is bringing 
the hitherto unoccupied public domain into the realm of 
civilization, with a rapidity that seems more like romance 
than reality. 

The recent disastrous fire, which has inflicted so heavy 
a blow upon the great commercial capital of the country, 
forms a painful exception to the general prosperity. This 
calamitous event has awakened the sincerest sympathy of 
the People of Massachusetts ; who, besides extending to 
their distressed fellow citizens of the city of New York, 
every kind office within their power, would see, I doubt 
not, with great satisfaction, those vigorous measures of 
relief adopted by Congress, which are exclusively within 
the competence of the general government. 



GOVERNOR'S ADDRESS. 277 

Wliile the contcMnphition of our iiuinerous politicnl and 
social blessings is calculated to fill us with grateful emo- 
tions, it should inspire lis with the resolute purpose of dis- 
charging the duty, which their possession devolves upon 
us. It rests with us to take care, that these privileges 
pass unimpaired to our children. To this end, we must 
preserve our institutions in their purity. We must keep 
:dive their spirit. We must see that principles, which are 
in all time the same, are embodied in laws and forms, that 
keep pace with the increase of intelligence. This will 
require us not merely to hold fast that which is good, but 
to introduce those improvements and reforms, which may 
be demanded by the growth of knowledge in the science 
of government; by the elevation of the standard of pub- 
lic morality ; and, in general, by the lessons of experi- 
ence. The people of America should be the last blindly 
to adhere to what is established, merely as such ; and it 
may sometimes be our duty to imitate our forefathers, in 
the great trait of their characters, — the courage of reform, 
— rather than to bow implicitly to their authority in mat-^ 
ters, in which the human mind has made progress since 
their day. 

The past year was signalized, in the history of the 
Commonwealth, by a revision and re-enactment of the 
great body of the Statute law* This important work is 
believed to have been accomplished, substantially, to the 
satisfaction of the People. That it will very greatly di^ 
minish litigation, which proceeds in so many cases from 
the infirmities of our nature, the imperfection of all lan- 
guage, and the infinite variety of circumstances in human 
affairs, is not perhaps to be hoped. But it is confidently 
believed, that by reducing to a uniform and continuous 
text and digesting under appropriate titles the mass of 
scattered laws, the administration of justice will be facili- 
36 



278 GOVERNOR'S ADDRESS. 

taled, a knowledge of the law made more accessible to the 
mass of the community, and public confidence in the judi- 
ciary thereby increased. Such results, and particularly the 
last, are highly desirable. It is not sufficient, that the 
laws should be righteously administered ; — in a popular 
government, like that beneath which it is our happiness to 
live, it is equally dosirable, that the tribunals should be 
strong in the affeciions of the community. The law must 
be respected as well as obeyed, or it will not long be 
obeyed. The Commonwealth of Massachusetts always 
has been, and is highly respectable in the character of its 
tribunals. No where, it is believed, is justice more 
promptly and purely dispensed. It is deserving of con- 
sideration, how^ the confidence of the People in the judi- 
ciary may be confirmed, perpetuated, and if possible 
increased. With every generation since the settlement of 
the country, more and more of the perplexed and unpro- 
fitable technicalities of the English jurisprudence have 
been swept away, and the work of reform might possibly 
in some things be carried farther. The opinion is perhaps 
gaining prevalence, and on good grounds, that it would be 
expedient to incorporate into a uniform code, with the 
Statute legislation of the State, those numerous principles 
of the Common law, which are definitely settled and well 
known, and which, without being reduced to the form of 
a positive and literal text, have been and still are left to 
be applied by the courts, as principles of common law, 
when the occurrence of cases requires it. If, in any re- 
spect, it is possible to give greater certainty and notoriety 
to the principles of the law ; to rid its practice still more 
effectually, of antiquated forms ; to make its phraseology 
more intelligible to persons of good understanding not 
of the profession ; to lessen the expenses of its adminis- 
tration ; to facilitate the entrance into the profession ; and 



GOVERNOR'S ADDRESS. 279 

to remove from the popular mind any well founded jeal- 
ousies, which may exist on the general subject of the law, 
it would be a work of patriotism to labor for ends so de- 
sirable. Free governments entirely reverse the theory, on 
which arbitrary governments rest, that there is a necessary 
war between Institutions and Public Opinion, requiring 
that the former should be upheld by force, and the latter 
contemned or defied. On the contrary, no free govern- 
ment can long exist, but in the cordial alliance between 
its Institutions and the Public opinion ; an alliance which 
tends to render the institutions popular and opinion steady. 
We cannot therefore go too far in removing all grounds 
of reasonable discontent, jealousy, and excitement. Mo- 
nopoly in every form, from the dark days of the Dudleys 
and Empsons, has inherited the detestation of the friends 
of Anglo-Saxon liberty, and has been proscribed by our 
institutions. Exclusive privileges, resting on any other 
basis, than that of an equivalent notoriously paid or a 
service rendered to the State which authorizes them, are 
not tolerated, and only tolerated, even under these condi- 
tions. All secret associations, particularly all such as re- 
sort to the aid of secret oaths, are peculiarly at war with 
the genius of republican government. On this subject, 
the sense of the legislature has been recently pronounced, 
in the law prohibiting the administration of extra-judicial 
oaths. The policy which dictated this prohibition has 
been sanctioned by the people ; and has received the vol- 
untary co-operation of patriotic citizens, in different parts 
of the Commonwealth. It is time that this root of bit- 
terness were wholly eradicated ; and it is greatly to be 
wished, for the harmony of society, and the concert of 
good men in promoting the public weal, that, in just de- 
ference to Public Sentiment and the Law, the still linger- 
ing causes of discontent and jealousy, in this respect. 



280 GOVERNOR'S ADDRESS. 

should be finally sacrificed, at the altar of the public 
peace. 

The subject of crime and punishment has for several 
years received much attention, both in Europe and Amer- 
ica ; and it is generally admitted, that discoveries and im- 
provements of great practical importance have been made 
in this country. These improvements are in successful 
operation, at the State Prison in Charlestown. Tiie an- 
cient rigors of the penal code have been mitigated. Pun- 
ishments revolting to humanity have been abolished, and 
others substituted, which are believed to answer, \\ ith 
equal efficacy, all the ends of ])enal justice; and wliich 
are more conformable to tin; humanity of the age and the 
mild spirit of Christianity, A grave question has been 
started, whether it would be safe to abolish altogether 
the punishment of Death. An increasing tenderness for 
human life is one of the most decided characteristics of 
the civilization of the day, and should in every j)ropcr 
way be cherished. Whether it can, with safety to the 
community, be carried so far, as to permit the punishment 
of death to be entirely dispensed with, is a question not 
yet decided by philanthropists and legislators. It may 
deserve your consideration, whether this interesting ques- 
tion cannot be brought to the test of the sure teacher, — 
experience. An experiment, instituted and pursued for a 
sufficient length of time, might settle it on the side of 
mercy. Such a decision would be matter of cordial con- 
gratulation. Should a contrary result ensue, it would 
probably reconcile tb.c j)ublic mind to the continued in- 
fliction of capital punishment, as a necessary evil. Such 
a consequence is highly to be desired, if the provisions of 
the law are finally to remain, in substance, what they are 
at present. The pardoning power has been entrusted to 
the chief magistrate ; but this power was not designed to 
be one of making or repealing the law. A state of things, 



GOVERNOR'S ADDRESS. 281 

which deprives the executive of the support of public sen- 
timent, in the conscientious discharge of his most painful 
duty, is much to be deplored. But though I believe the 
community prepared to give a fair trial to tiie abolition of 
capital punishment for all other crimes, it may be doubt- 
ed whether the experiment could with propriety be ex- 
tended to the wilful shedding of blood. 

By a law passed 31st March, 1834, imprisonment for 
debts contracted subsequent to July 4th, 1834, is abolish- 
ed. With respect to debts contracted prior to that date, 
it subsists as provided by other laws. In like manner, 
different provisions exist on the subject of gaol-limits, de- 
pending on the period before which the debt, in any par- 
ticular case, was contracted. It is believed, that these 
distinctions are inconsistent with that simplicity and uni- 
formity, which ought to prevail in all matters touching 
the liberty of the citizen ; that they are not required by 
any imperious motives of policy nor founded on clear 
reasons of justice or equity. 

Imprisonment for debt has been abolished in this Com- 
monwealth, and in many other states of the Union, on 
the ground, it is believed, in part, that it is a relic of bar- 
barous times, and essentially unjust. One great objection to 
it has been, that it was avowedly applied to all debt alike. 
The fraudulent and the honest but unfortunate were sub- 
jected to the same rigors. The visitations of Providence 
were punished by the same infliction, as dishonest conceal- 
ment or abstraction of the property justly liable to answer 
the creditors demand. Such legislation is not merely 
unreasonable, but entirely unjust, cruel and barbarous ; 
as much so before it was repealed as afterwards ; as much 
so in case of a contract made before as after July, 1834. 
The principle on which contracts, dating prior to July 4th, 
1834, remain subject to the old law, is presumed to be, 



282 GOVERNOR'S ADDRESS. 

that liability to imprisonment existing at the time of the 
contract was so much a part of it, that it is unjust, 
if not unconstitutional, to deprive the creditor of this 
remedy. But it was laid down, in the clearest terms, by 
the Supreme Court of the United States, in an opinion 
delivered by its late venerable chief justice, that the re- 
medy, is no part of the contract. Without such authority, 
it would seem a sufficient answer to the argument, — that 
it holds only in matters, which have, of themselves no 
moral quality, and receive their character wholly from 
legislation. There was a period, when the insolvent 
debtor was subject to be sold as a slave, — to be tortured, 
— to be put to death. It would have been as good an 
argument in reference to these extreme severities, as to 
that of imprisonment, that being part of the contract 
they should be abolished only in prospect ; while in the 
case of existing obligations, the debtors might be enslaved, 
tortured, or cut in pieces, as before. The imprisonment 
of a man of probity for debts honestly contracted, and who 
has honestly surrendered all his property to his creditors, 
is contrary to every principle of religion, humanity, and 
justice. No contract can change the nature of the proce- 
dure ; no implied consent of the parties can make it equit- 
able. Human laws may authorize it, but they cannot 
make it just. Every principle, therefore, which requires 
the abolition of imprisonment for debt at all, requires its 
total abolition. 

It is true that by its abolition for debts contracted prior 
to the 4th of July, 1834, some creditors, (probably a 
small portion,) will be deprived of the means of enforcing 
the debt, on which they may have calculated when it 
accrued. But it can never be the duty of the state to 
protect the citizen against the disappointment of expecta- 
tions, not warranted by reason and justice. It would be 



GOVERNOR'S ADDRESS. 283 

monstrous to arrest the progress of reform, in acknowl- 
edged abuses, because a small portion of citizens had enter- 
ed into contracts, in the expectation that these abuses 
would never be reformed. It is to be remembered also, 
that for all debts contracted prior to the 4th of July, 1834, 
the creditor has already had, at the very least, the benefit 
of eighteen months compulsory process ; and in the great 
majority of cases, a still longer enjoyment of the same 
remedy. It cannot, I presume, by any person be deemed 
reasonable, that absolutely no limitation should run to this 
power over the liberty of the citizen ; and that misfortunes 
accruing in the morning of life, should, by the various 
legal modes of perpetuating the debts created by them, be 
allowed to consign its whole duration to ruin and despair. 
For these reasons, I cannot doubt, that it is expedient to 
perfect the work of humanity and justice already begun, 
by an entire abolition of imprisonment for debt. It is 
scarcely necessary to add, that if further legislation is re- 
quired to prevent fraudulent concealment and transfers of 
property, it should receive our prompt attention. The 
rights of the creditor are as sacred as those of the debtor ; 
and nothing is more to be desired by the honest debtor, 
than that every facility should exist in detecting the frauds, 
by which the law is sought to be evaded. 

At the last session of the General Court, important 
changes were made in the militia system. Sufficient time 
has not elapsed, to enable us to judge from experience of 
their effect. It probably was not supposed, that they 
would furnish an adequate remedy for the whole of 
the existing evils. The importance of efficient reform, in 
this branch of our system, is universally acknowledged. 
A thorough, equitable, and effective organization of the 
militia is believed to be essential to the security of the 
State. No substitute for it has ever been proposed, for 



284 GOVERNOR'S ADDRESS. 

the emergencies of peace or of war. The evils likely to 
result from its being broken down in the public estimation 
are of the gravest character ; and few greater public ser- 
vices, it is believed, can be rendered to the community, 
than that of restoring the militia, to what it is apprehend- 
ed to have lost of public favor and respect. It is a sub- 
ject partly within the sphere of the general government ; 
and the attention of Congress has lately been invited to it, 
by the Secretary of War, in a manner well calculated to 
produce a beneficial effect. 

The approaching expiration of the charter of the bank 
of the United States gives increased interest, at the pre- 
sent session of the General Court, to the important ques- 
tion of the Currency. The discovery of modern times, 
that a convertible paper money can be made to answer 
most of the purposes of gold and silver coin, has made 
the currency of the country more dependent on legisla- 
tion, than might be wished. Property would be more 
stable, if the expansion and contraction of the currency, 
which represents it, and by which its exchanges are car- 
ried on, were left wholly free to follow the natural laws, 
which affect its amount and value. Every addition made 
to the amount of the currency, in consequence of an issue 
of paper, has the effect of reducing the value of the circu- 
lating medium, as compared with all other things ex- 
changed for it, and among them labor, which is immedi- 
ately benefitted by the impulse given to business and the 
consequent rise of wages. Thus far the introduction of 
paper operates to the disadvantage of the mere capitalist, 
of the money lender, and of the creditor, and to the ad- 
vantage, in various ways, of the laboring classes, of debt- 
ors, and those possessed of other kinds of property. To 
dispense with paper, therefore, when once firmly estab- 
lished, and restore a circulation entirely of specie would 
derange the previously existing proportion between money 



GOVERNOR'S ADDRESS. 285 

and other articles of value, to the advantage of the capi- 
talist, the money lender, and the cre;ditor, nnd to the dis 
advantage of all persons who h<ue money to borrow or 
pay. 

These princi[)!(;s l)(!;ir on the question of supi)ressing 
the cirenlation of small l)il!s. Were this quesiion an en- 
tirely open one, there would no doubt be an approach to 
unanimily in favor of ihe suppression. As a circulaiing pa- 
per l)anishes coin of the same denominations, a suppression 
of pajier would tend in some di^gree to restore silver and 
gold. It is generi'.Hv eovtside'-ed, that this accession to the 
circulating mftall'C medium would give greater solidity to 
the paper currency, and prevent the contraction from 
reaching the extreme j)oint, to which it is now carried, in 
periotls of alarm. 

Before, however, we adopt any measures to this end, 
we must consider, that the existing value of all the property 
in the community has been adjusting itself for years to the 
tnixed currency now circulating ; and that the present 
moment is not well chosen for a voluntary contraction of 
it. The suppression of any portion of the circulating pa- 
per and the substitution of specie would throw a tax upon 
the community, equivalent to the new supply of specie 
required to fill the vacuum in the currency. This burden 
would not be equally diffused ; but would fall most heavily 
on those, who have debts to pay and contracts to fulfil. 
Like a contraction of the currency produced by any other 
cause, it would fall most severely on those least able to sup- 
port it. It would also be attended with other inconveni- 
ences which need not be specified, iiut notwithstanding 
these difficulties, it is by no means improbable that, at 
some period more favorable to the change, the people of 
the Commonwealth will deem it expedient to take meas- 
ures for increasing the amount of the circulating coin, by 
37 



286 GOVERNOR'S ADDRESS. 

such gradual and judicious steps, as shall secure the bene- 
fits of the change., with the least practicable derangement 
of existing relations. 

A verj considerable part of the revenue of the Slate 
arises from the tax of one per centum on banking capital. 
To give the State treasury the entire benefit of this tax is 
supposed to be one ground of the various laws, which 
have been enacted, of late years, prohibiting the banks 
from trading on borrowed capital. When a strong temp- 
tation arises to evade these laws, it is exceedingly difficult 
to enforce them. If the bank tax were transferred from 
the capital to the income of the banks, this motive would 
cease to operate, and the restrictions alluded to might be 
removed, without injury tothe treasury. Supposing the net 
income to average seven per centum, which, within a very 
small fraction, was the case at the last annual return, a 
tax of fourteen two-sevenths per centum on the income 
would be equivalent to the tax of one per centum now 
levied on the capital. This change would have the addi- 
tional advantage of proportioning the burden of the tax 
on the different banks according to their activity. 

There are strong grounds for the opinion, that many of 
the evils now complained of in the practical operation of 
our banking system, would disappear, on the repeal of 
the laws limiting the rate of interest. The policy of in- 
terfering between citizen and citizen, as to the terms, on 
which one is willing to borrow and the other to lend, 
would be doubtful, even were tiic execution of the law 
unattended with difficulty. But such is not the case, and 
these laws are notoriously violated. When this is done, 
the borrower not only pays the illegal interest, but he 
pays, in some forui or other, for the risk and inconveni- 
ence of the transaction. The effect of these laws is to 
drive capital abroad, where the rate of interest is higher ; 



GOVERNOR'S ADDRESS. 287 

and at home to give it a direction to every other species 
of investment, rather than ordinary logins. Those whose 
necessities compel them to borrow money, if prevented 
by laws which limit the rate of interest, from obtaining it 
by way of loan, must get it by a forced sale of property. 
In this way, twenty per centum of principal may be 
sacrificed to save one of interest. The burden of this 
state of things falls chiefly on the borrower, the land- 
holder, and all who wish, by the pledge of property, to 
raise money. Were the restrictions alluded to removed, 
the entire disposable money capital of the community 
would be kept constantly in the money market. It would, 
at all times, be furnished to the borrower, at its lowest 
current value. It would be kept at home, instead of 
being sent abroad. It would seek short investments, and 
thus be kept pressing in(o the market. The various in- 
direct practices, which have of late excited no little 
jealously would be discontinued ; and the dependence of 
the public on the banks, even for legitimate accommoda- 
tions, considerably lessened. The general rate of interest, 
on security of the first order, would unquestionably be be- 
low the present legal maximum ; and when the current 
rate of interest was carried above this maximum, by a 
pressure, the excess would be the smallest possible which 
would natually result from the state of trade, instead of 
being aggravated, as at present by the charges and sur- 
charges of transactions, intermediate between the bor- 
rower and the ultimate lender. The same principle would, 
by an active competition, shorten as far as possible the 
duration of the pressure, and restore, without unnecessary 
delay, the natural balance between the currency and the 
property which it circulates. 

The attention of the legislature and people of the Com- 
monwealth has, at all times, been devoted to the impor- 



288 tiOA^ERNOK'S ADDRKSS. 

tant subject of education. This is the solid basis of true 
equality ; the most effectual instrument of redressing the 
hardships of fortune. The general education of the 
youth, in the community, was very early provided for by 
laws, which have remained substantially in force ever 
since. Within a few years, the foundations of a school 
fund have been laid in the approi)riation to that object of 
the sums reimbursed to the Commonwealth, by the gen- 
eral government, for military expenses in the war of 1812, 
and one half of those to be derived from the sales of the 
Commonwealth's lands, in the State of Maine. The 
greatly enhanced value of these lands renders it probable, 
that the fund will reach tiie limit of one million of dollars, 
prescribed by the act creating it, sooner than was antici- 
pated. The investment, preservation, and application of 
this fund will, at all times, merit the particular attention 
of the legislature. 

I venture, in this comieciion, to commend the subject 
of the public lands to your especial care. This interest 
has rapidly increased in im])ortance ; and proportionate 
attention is due to the suggestions made by the land- 
agent, at the last session of the general court, in favor of 
the establishment of a board of commissioners, entrusted 
with the general management of this great amount of pub- 
lic property; the care of which, irom its peculiar nature 
and position, involves unusual responsibility. I cannot 
forbear adding the remark that it is exceedingly to be de- 
sired, that the negotiations between this country and 
Great Britain, on the subject of the North Eastern bound- 
ary, might, without farther delay, be brought to a conclu- 
sion, which would release from the present embarrassing 
conflict of claims, a large territory in that quarter. This 
territory till the last twenty years, was an undisputed por- 
tion of the United States, lying within the limits of the 



GOVERNOR'S ADDRESS. 289 

State of Maine, now the joint property of that State and 
Massachusetts. The entire amount of the territory covered 
by the claim of Great Britain, and as it is believed with- 
out warrant from the treaties between the two countries 
by which the boundary was established, is about equal to 
the whole State of Massachusetts. This claim is re- 
duced, somewhat more than half, by the award of the 
sovereign, to whom the controversy was referred as an 
umpire ; but should the boundary line recommended by 
him be adopted, it would still deprive Maine and Massa- 
chusetts of two millions and a half of acres of land, repre- 
sented to be highly valuable, and to which our title is be- 
lieved to be perfectly valid. 

By a law passed at the second session of the last Gen- 
eral Court, it was provided in substance, that Warren 
Bridge over Charles River, shall become a public high 
way, if the city of Boston and the town of Charlestown, 
shall, before the expiration of the act, enter into bond, 
to perform the duties devolved on the Warren Bridge 
Corporation, by the third section of the act establishing 
the same ; to indemnify the Commonwealth from the 
damages, that have arisen or may arise from the suit 
pending in the Supreme Court of the United States, rela- 
tive to Warren Bridge; and to pay to the proprietors of 
Charles River Bridge, any damages, which may be re- 
covered by them, in consequence of the erection of War- 
ren Bridge. The citizens of Charlestown in town meet- 
ing assembled have expressed their willingness to enter 
into the bond. The city of Boston, by its constituted 
authorities declined doing so, in the month of December 
last. Should no further proceedings on the subject of 
Warren Bridge be had, there will, under the existing 
laws, be no authority, after the second day of March next, 
for collecting toll on Warren Bridge, and no provisions to 



290 GOVERNOR'S ADDRESS. 

meet the state of things thereby occasioned. The subject 
will no doubt be deemed highly worthy of your attention. 
Its importance and its difficulties are sufficiently evinced, 
by the length of time, for which it has been before the 
legislature, and the excitement which it awakens in the 
community. I persuade myself that the wisdom of the 
legislature will devise an adjustment of it, by which the 
different interests involved will be reconciled, the feelings 
to which it has given rise be harmonized, and the public 
accommodation promoted. 

At a former session of the legislature, a charter was 
granted for the construction of a rail-road, in continuation 
of that already completed from Boston to Worcester. It 
is a matter of general congratulation, that the subscription 
to the Capital Stock, to the amount of two millions of 
dollars, has been filled. I regard this enterprize, as prom- 
ising benefits to the People of the Commonwealth, to an 
extent not easily to be estimated. Continued as it will 
be to Albany, by a rail-road already in progress between 
that city and the western line of Massachusetts, it will 
place this State in direct connexion with the most exten- 
sive system of natural and artificial internal communica- 
tion, by canals, rail-roads, rivers, and lakes, which exists 
on the surface of the globe. It will give to Massachu- 
setts as ample an enjoyment, within her limits, of all the 
advantages of an artificial system of works constructed, 
in progress, and in contemplation, at a cost of thirty mil- 
lions of dollars, as if she had paid that sum, out of her own 
treasury, toward their completion. It will give her, in 
the same degree, the enjoyment of all those natural means 
of communicating with the mighty West, of which she is 
now nearly deprived. It will restore to her a large natu- 
ral commerce which has left her, and retain that, which is 
rapidly departing, in the same direction. Should this 



GOVERNOR'S ADDRESS. 291 

work, in its progress, stand in need of resources beyond 
the reach of the enterprize and means of the individual 
citizens, by whom it is undertaken, it is believed that the 
public patronage could be safely extended to it, as a pro- 
ject of vast general utility, whose successful execution 
would form an era in the prosperity of the State. 

In the month of April last, a law was passed, " to en- 
courage the reeling and throwing of silk." It provided 
that any person, who shall reel or cause to be reeled, or 
throw or cause to be thrown in the Commonwealth, from 
cocoons produced from silk worms raised in Massachu- 
setts, merchantable silk capable of being manufactured 
into the various silk fabrics, shall be entitled to a bounty 
of fifty cents, for every pound of silk thus reeled or 
thrown. It has been represented that the terms, on 
which this bounty is offered, render it nearly, if not quite, 
inoperative. If it be the design of the legislature to en- 
courage, in this way, the attempts made to introduce this 
important branch of industry into Massachusetts, the law 
for that purpose will probably require revision. There 
are good grounds for the opinion, that the manufacture of 
silk will become one of the greatest interests in Massa- 
chusetts. It originated in the remotest antiquity, in a 
region whose climate, under the same parallels of latitude 
and local circumstances, is similar to ours. This consid- 
eration, with the experiments already made in the culture 
of the Chinese mulberry and the raising of the silk worm, 
furnishes much reason to believe, that the climate of New 
England will prove peculiarly favorable to both. The 
adaptation of the requisite machinery for reeling and the 
other processes of the manufacture opens a field for the 
exercise of that mechanical ingenuity, which is a marked 
characteristic of our citizens. Should the anticipations 
warranted by these circumstances be happily realized, 



292 GOVERNOR'S ADDRESS. 

silk will become a staple product of the country, both for 
consumption and exportation, second to no other, as a 
branch of industry and a source of wealth. 

The archives of our ancient Commonwealth, preserved 
in this building, are richly deserving of the care of the 
legislature. They are replete with the most precious 
materials, as yet but partially explored, for the history of 
the country. They contain documents of the highest in- 
terest and value, which have never been printed. Con- 
siderable labor has, from time to time, been bestowed in 
arranging them, and good progress made in preparing an 
index. But it is respectfully submitted, whether means 
ought not to be provided to secure them against those 
risks of destruction, to which all papers existing in a sin- 
gle copy are exposed ; to arrange them in systematic 
order, so as to admit of their being easily consulted ; — 
and perhaps for the printing of a selection of the most cu- 
rious and important. It is believed, that the people of 
the Commonwealth would not regret to see a small ap- 
propriation made, for the purpose of throwing new light 
on the extraordinary events of our early history, and the 
characters of the great and good men, who adorn its 
pages. 

I take this first opportunity afforded me, to invite 
your attention to the subject of the balance of the claim 
of the states of Maine and Massachusetts, for the reim- 
bursement of the sums expended, in the military defence 
of the country, during the last war. The state of this 
claim is set forth in detail, in the address of my predeces- 
sor to the two houses of the legislature, on the organiza- 
tion of the government of the last year. Provision was 
made by a Resolve of April 3d, 1835, for renewing the 
agency of the claim. The appointment was tendered, 
by his honor the late acting Governor of the Common- 



GOVERNOM'S ADDRESS. ^93 

wenltii, to tlin saiiio distiiigU!s!i(Ml citizcjn, who had for^ 
merly filled the oftic.o, and rendered the most important 
services, in eoiineetion with the allowrUiee and j)ajment 
of a portion of the claim. On his non-^aecej)tance of the 
trust, it was bestowed on another eminent citizen, now 
engaged in the disrh;trg(^ of its duties. The objections, 
on the part of tlie lOxceulive of the United States, which 
led to the original suspension of (he claim having been 
overruled by Congress ; an ap])ropriation having been 
made for the payment of that portion of it, which had 
passed the ordeal of tlie accounting oi'licers of the treasu-' 
ry ; — and directions given by a resolution of the house of 
representatives of the United States to j)ursue the audit- 
ing of the remainder, — (a la[)orious work in which con- 
siderable progress has been made), — a confident hope is 
entertained, that Massachusetts and Maine will at length 
be re-imbursed, as amply as their sister states have been, 
the sums advanced by them for the public service. The 
state of the national treasury, laboring under an embar- 
rassment before unexampled, in the redundancy of its 
means, invites to the performance of this long delayed act 
of justice. Although I am well aware of the zeal, with 
which this and every other matter of importance to the 
state and coming within the sphere of their duty, will be 
pursued by our delegation in Congress, I would sug2;est 
the propriety of supporting their exertions, by such an 
expression, as may be judged expedient, of the views en- 
tertained by the legislature of Massachusetts, on this im- 
portant subject. 

In the course of the last winter, resolutions were adopt- 
ed by the legislature, instructing our senators, and re- 
questing our representatives in Congress, to use all proper 
means to obtain the requisite a})propriations for the repair 
of the fortification on Castle Island, and the vigorous j)ro- 



294 GOVERNOR'S ADDRESS. 

secution of the works commenced on George's Island, in 
Boston harbor. Their exertions were so far successful, 
that the requisite aj)propriations introduced into the Forti- 
fication bill, in the Senate of the United States, by way 
of amendment, received the sanction of the Committees 
of the other branch of Congress to which they were re- 
ferred, and passed through all but the last stage of legis- 
lation in the House of Re])resentatives. The entire bill 
was unfortunately lost, in consequence of the introduction 
of another amendment in the House of Representatives, 
on which the two houses disagreed. Notwithstanding 
the failure of the new a})proj)riations, some progress was 
made on both the works, particularly on that upon 
George's Island, during the past season, by means of the 
unexpended balance of the appropriations of the year 
1834. 1 have the satisfaction to inform you, that for the 
present year, large appropriations have been recommend- 
ed for both objects, by the Department of War. The 
rapid progress of these works is of extreme importance ; 
and it is much to be desired, that tiie appropriations 
should be so early made, as to prevent the loss of some 
of the best months in the season, which frequently oc- 
curs, in this branch of the public service, in consequence 
of the delay in the passage of the appropriation bills. 
Among the documents accompanying the Report from 
the war department, at the commencement of the pres- 
ent session of Congress, is a statement of several new 
works, proposed by the board of engineers, for the de- 
fence of the coast, and arranged in different classes, accord- 
ing to their importance. Among those of "the first class, 
to be commenced as soon as possible," I notice with great 
satisfaction five or six works, which, when executed, will 
complete the defences of Boston harbor ; — a part of the 
sea-board second to no other in importance, and hitherto 
almost wholly neglected by the General Government. 



GOVERNOR'S ADDRESS. 295 

By the report of the Secretary of the treasury, com- 
municated to Conoress, at the oj)ening of the present 
session, it appears that the sales of the [)iiblic lands for 
the year 1835 amount to the unj^recedented sum of eleven 
millions of dollars. At the second session of the twenty- 
second Congress, a bill was introduced by a distinguished 
Senator from Kentucky, which passed both houses of Con- 
gress, making provision for the distribution among the 
States, in a certain ratio, of the proceeds of the sales of 
the public lands, for five years, commencing 1st of Janua- 
ry 1833. Assuming as correct the estimate of the Secre- 
tary of the treasury of the probable amount of sales for the 
last quarter of 1 835 and for 1 836 and 1 837, (an estimate for 
the last named years greatly below the actual amount of the 
sales, realized and estimated, of the year 1835,) the aggre- 
gate of the sales for the five years included in the provi- 
sions of the bill, to be distributed among the States, would 
be about twenty-eight and a iialf millions of dollars. 
The share of Massachusetts, on the principles of the bill, 
would have been, for the five years, about one million two 
hundred and forty thousand dollars ; or about two hun- 
dred and forty-eight thousand dollars per annum, for five 
years, provided the country remained at peace, in which 
event only, the distribution was to be niade. The policy 
of making such a distribution was obvious. The national 
debt, for the payment of which the lands were pledged, 
was so nearly discharged, at the time of its passage, that 
they might be considered as free from that incumbrance. 
This mode of preventing an accunmlation in the treasury, 
would to some extent have rescued the manufactures of 
the country from the severe and perilous trial, through 
which they are doomed to pass, in the rapid withdrawal 
of that legislative protection, by which they had been 
fostered, and on which they were warranted in relying. 



296 GOVERNOU'S ADDRESS. 

The signature of the President being withheld from the 
bill, it failed to become a law. Sinee the period of its 
passage, some of the reasons for such a disjjosition oi the 
public domain have increased in strength, and its general 
policy is as manifest as ever. A bill of a similar charac- 
ter has just been brought forward, hy the same eminent 
Senator; the attention of some of our sister States has 
been turned toward the subject ; and it may merit your 
consideration, whether it be iiot expedient to unite our ef- 
forts with tiieirs, to bring it again to the favorable consid- 
eration of Congress. . So vast has been and is likely to 
continue the amount of funds flowing into the treasury 
from this source, that no other mode, than that of the 
proposed distribution, seems adequate to avert the serious 
inconveniences of an accumulation of tiu; jjublic money, 
far beyond the demands of the [)ui)lic service. 

The country has been greatly agitated during the past 
year in relation to slavery, and acts of illegal violence and 
outrage have grown out of the excitement kindled on 
this subject, in different parts of the Union, which cannot 
be too strongly deplored nor too severely censured. In 
this State and several of oiu- sister States, slavery has long 
been held in public estimation, as an evil of the first mag- 
nitude. It was fully abolished in this Commonwealth, by 
the year 1783, by decisions of the courts of justice, and 
by the interpretation placed on the declaration of equality 
in the bill of rights. But it existed in several of the 
States at the time of the adoption of the Constitution, 
and in a greater ratio to the free population of the country, 
than at the present day. It was, however, deemed a point 
of the highest public policy, by the non-slaveholding 
States, notwithstandino the existence of slaverv in their 
sister States, to enter with them into the present Union, 
pn the basis of the constitutional compact. That no 



GOVERNOR'S ADDRESS. 297 

Union could have boon formed, on any other basis, is a 
lact of liistorical notoriety; and it is asserted in terms, by 
General Hamilton, in the reported debates in the New 
York Convention lor adopting the Constitution. This 
compact expressly recognizes the existence of slavery ; 
and concedes to the States where it prevails the most im- 
portant rights and privileges connected with it. Every 
thing that tends to disturb the relations created by this 
compact is at war with its spirit; and whatever, by direct 
and necessary operation, is calculated to excite an insur- 
rection among the slaves, has been held, by highly respect- 
able legal authority, an offence against the peace of this 
Commonwealth, which may be prosecuted as a misde- 
meanor at common law. Although opinions may differ 
on this point, it would seem the safer course, under the 
peculiar circumstances of the case, to imitate the example 
of our fathers, — the Adamses, the Hancocks, and other 
eminent patriots of the revolution ; who, although fresh 
from the battles of liberty, and approaching the question 
as essentially an open one, deemed it nevertheless expe- 
dient to enter into a union with our brothers of the slave- 
holding States, on the principle of forbearance and tole- 
ration on this subject. As the genius of our institutions 
and the character of our people are entirely repugnant to 
laws impairing the liberty of speech and of the press, 
even for the sake of repressing its abuses, the patriotism 
of all classes of citizens must be invoked, to abstain from 
a discussion, which, by exasperating the master, can have 
no other effect than to render more oppressive the condi- 
tion of the slave ; and which, if not abandoned, there is 
great reason to fear, will prove the rock on which the 
Union will split. Such a disastrous consummation, in 
addition to all its remediless political evils for every State 
in the Union, could scarcely fail, sooner or later, to bring 



298 GOVERNOR'S ADDRESS. 

on a war of extermination in the slaveholding States. On 
the contrary, a conciliatory forbearance with regard to this 
subject, in the non-slaveholding States, would strengthen 
the hands of a numerous class of citizens at the South, 
who desire the removal of the evil ; whose voice has of- 
ten been heard for its abolition in legislative assemblies ; 
but who are struck down and silenced by the agitation of 
the question abroad ; and it would leave this whole pain- 
ful subject where the Constitution leaves it, with the 
States where it exists, and in the hands of an all wise 
Providence, who in his own good time, is able to cause it 
to disappear, like the slavery of the ancient world, under 
the gradual operation of the gentle spirit of Christianity. 

The foreign relations of the country are, at the present 
moment, a subject of high interest. Many of the citizens 
of Massachusetts have, from the first, been deeply con- 
cerned in the controversy with France. They suffered 
largely in the injuries inflicted on our lawful neutral com- 
merce, by the belligerent policy pursued by the French 
government, in violation of the faith (f treaties and of 
the law of nations. They looked forward with propor- 
tionate satisfaction to realizing their share of the com- 
pensation for these injuries, (partial at best,) so justly 
due and so long withheld. They have witnessed with 
corresponding pain and surprize the refusal of France thus 
far, to execute the treaty of indemnification, negotiated 
and ratified in conformity with the provisions of the Con- 
stitutions of both countries, in the most solemn form 
known to the law of nations, and securing commercial ad- 
vantages to France, far outweighing the pecuniary value 
of the treaty to the United States : advantages which 
France is now enjoying, while refusing to execute her j)or- 
tion of its stipulations. 

Till the last session of her legislative chambers, the ex- 



GOVERNOR'S ADDRESS. 299 

edition of the treaty, on the part of France, was withheld 
on tlie grounds, that suck a treaty requiring the sanction 
of tlie chambers, the question of its validity was still an 
open one ; and that, in point of fact, for various alleged 
reasons, the compensation, which it provided for our citi- 
zens, was not rightfully due them. Of these grounds, 
France has deprived herself, by passing a law, which 
sanctions the treaty and appropriates funds to carry it into 
effect. Payment is now refused, on the ground of lan- 
guae,e contained in the message of the President of the 
United States to Congress, at the commencement of the 
last session. It is believed that France will look in vain 
to the enlightened public sentiment of the world, ever to 
countenance her in withholding the payment of an ac- 
knowledged pecuniary debt, on the ground of an alleged 
affront to her national honor. In the unpleasant state of 
the relations betw een the two governments, although there 
may be various opinions, as to the policy of some of the 
steps which have been taken, it is satisfactory to reflect, 
that there can be but one, as to the justice of our cause. 
The people of the United States would regard as an evil 
of great magnitude, the interruption of that friendly inter- 
course with France, which is cemented by some of the 
best blood and the most cherished recollections of both 
countries. These sentiments are believed to be recipro- 
cated by the mass of the people of France, who from feel- 
ing as well as interest, are desirous that the good under- 
standing between the two countries should continue. But 
there can be no permanent basis, for friendly relations be- 
tween individuals or communities, but justice ; and this the 
United States owe it to themselves to require as well as 
to render, in all their international relations. It is be- 
lieved, that the resolution unanimously adopted by the 
house of Representatives of the United States, at the last 



300 GOVERNOR'S ADDRESS. 

session of Congress, that the treaty ought to be maintained 
and its execution insisted on, expresses the undivided 
sense of the country. 

In conclusion, fellow-citizens of the Senate and of the 
House of Representatives, permit me to tender you my re- 
spectful co-operation, in whatever can be effected by our 
joint efforts to promote the public good. Let us apply our- 
selves, with singleness of heart, to the service of our con- 
stituents, under a constant sense of responsibility to them. 
Let us study an economy of the public time and of the 
public money; sacrificing every thing to principle and every 
thing but principle to conciliation. Let us offer the best 
proof of the rectitude of our own motives, in a ready al- 
lowance of the rectitude of the motives of those who dif- 
fer from us. Party Spirit was pronounced, by the Father 
of his Country, " the worst foe of a free government." 
Inseparable perhaps from the nature of such governments, 
if unchastened by a spirit of mutual forbearance, it is sure 
to prove, in the end, the instrument of their subversion. 
It is in the power of every citizen, by moderation and 
tenderness toward those who differ from him, to do much 
to assuage the violence of party ; and it is in the power of 
very few, in any more effectual way, to promote the hap- 
piness of society, and the stability of our institutions. 
The causes, that separate the good people of this Com- 
monwealth from each other, are comparatively trifling and 
transitory ; the blessings of civil liberty, which are our 
joint inheritance and can only be maintained by our joint 
efforts, are of unending importance to ourselves and our 
children. 

EDWARD EVERETT. 

Council Chamber, January 16, 1836. 



MESSAGE. 301 



CHAP. L 

To the Senate and 

House of Representatives. 

I transmit to the two houses copies of a commilnica- 
tion addressed to me by His Honor the Acting Governor 
of the Commonwealth, together with sundry documents 
accompanying it, and I beg leave to invite the attention 
of the Houses to the several matters embraced in it, as 
far as they may be deemed subjects of legislation. 

I also transmit, for the information of the legislature, 
copies of the report of the Secretary of State and the 
Treasurer of the Commonwealth, on the subject of the 
apportionment of the School Fund, — also the annual re- 
port of the Trustees of the State Lunatic Hospital, at 
Worcester, and the return of the condition of the Sav-^ 
ings Banks in the Commonwealth. 

The report of the superintendant of the State Luna^ 
tic Asylum, at Worcester, accompanying the report of the 
Trustees, being a document of a character not convenient 
to be copied, is sent in the original to the Senate. 

EDWARD EVERETT 

January 16, 1836. 
39 



302 MARIA F. GREENOUGH. 



CHAP. II. 

To the Senate and 

House of Representatives, 

I transmit, for the information of the legislature, a 
communication from His Excellency the Governor of 
Georgia, accompanied by a report and resolutions of the 
General Assembly of that State. These papers relate 
to the same important topic, which forms the subject of 
the communications from their Excellencies the Govern- 
ors of North Carolina and South Carolina, recently trans- 
mitted by me to the two Houses, among the documents, 
accompanying the letter addressed to me, by His Honor 
the late Acting Governor of the Commonwealth. 

EDWARD EVERETT. 

Council Chamber, January 20, 1 836. 



CHAP. III. 

Resolve on the Petition of Maria F. Greenough. 

January 23, 1836. 

Resolved, For the reasons set forth in her petition, that 
Maria F. Greenough, of Roxbury, in the County of Nor- 
folk, guardian of John Greenough, Anne Greenough, 
James Greenough and Jane D. Greenough, is hereby 



MARIA F. GREENOUGir. 303 

fully authorized to make, execute, acknowledge and de- 
liver a good and sufficient deed, granting and conveying 
unto the Boston and Providence Rail-road Corporation, 
for the consideration of not less than one hundred and 
twenty-five dollars per acre, all the interest and estate of 
her said wards, in the following described parcel of land, 
situated in the southerly part of said Roxbury, and bound- 
ed as follows, viz : beginning at the northwest point of 
the land to be conveyed where the rail-road meets the 
land, now or late of John Parker's heirs ; thence south- 
easterly across the rail-road to point of division, be- 
tween said Greenough's land and land of John Parker's 
heirs ; thence southwesterly along the southeasterly side of 
said rail-road, one thousand and fifty-eight feet more or 
less, to land of John Chamberlain's heirs ; thence north- 
westerly across said rail-road, to point of division be- 
tween said Greenough's land and land of said Chamber- 
lain's heirs ; thence northeasterly along the northwesterly 
side of said road, one thousand and thirty-eight feet more 
or less, to the point first mentioned, containing sixty-nine 
thousand three hundred square feet. And that the deed 
of said Maria, executed and delivered, under this re- 
solve, for and in behalf of her said wards, shall convey 
and grant unto said Boston and Providence Rail-road 
Corporation, all the interest and estate of said minors re- 
spectively, in said parcel of land, as effectually as if said 
wards were of* full age and had personally in due form of 
law, made a proper conveyance to said corporation : 
provided^ hoivever, that before making said conveyance, 
said Maria, shall give bond with sufficient surety or sure- 
ties to the Judge of Probate in said County, in sufficient 
penalty to account to said minors, for their respective 
shares of the price to be received for the conveyance of 
said parcel of land to said corporation, with the accu- 
mulating interest thereon. 



304 BETSEY FRANCIS, 



CHAP. IV. 

Resolve on the Petition of Betsey Francis, 

January 25, 1836. 

Resolved, That said Betsey Francis, for the reasons 
set forth in her petition, is hereby authorized to hold and 
manage the real estate mentioned in her said petition to 
wit : an undivided moiety of a certain tract of land, with 
an undivided moiety of the buildings thereon, situate ia 
Roxbury, in the county of Norfolk, and Commonwealth 
aforesaid, containing about two acres, and bounded north- 
erly by the road to Brookline or Washington street ; east- 
erly by Parker street ; southerly by land late of Doc- 
tor Goddard, and now or recently of Peter Brigham ; 
and westerly by land late of Eleb Faxon, or however 
otherwise bounded, and to dispose of the same by deed, 
or by her last will and testament, and to transmit the 
same to her heirs, as fully and effectually, to all intents 
and purposes, as if she were a citizen of this Common- 
wealth, 



MESSAGE. 305 



CHAP. V. 

Resolve concerning the distribution of the Revised Statutes. 
February 4, 1836. 

Resolved, That the Secretary of the Commonwealth 
shall, in addition to the copies of the Revised Statutes 
which he is directed to distribute by the resolve passed 
the third day of November, in the year of our Lord one 
thousand eight hundred and thirty-five, deliver one copy 
of said Revised Statutes to the Governor, Lieutenant 
Governor, and to each member of the Council, Senate 
and House of Representatives, for the present political 
year, who was not a member of either of those branches 
of the government the last year. 

Resolved, That the Secretary of the Commonwealth 
is hereby authorized to purchase such a number of copies 
of the Revised Statutes, as may be necessary to carry 
into effect the preceding Resolve, and that a warrant be 
drawn upon the Treasury accordingly. 



CHAP. YL 

To the Senate and 

House of Representatives. 

I transmit to the two Houses, copies of a letter re- 
cently received from His Excellency the Governor of 



306 MARY ELIZABETH TRUFANT. 

Alabama, together with copies of an address and resolu- 
tions adopted by both branches of the General Assembly 
of that State, at their late session. These documents 
relate to a subject to which the attention of the General 
Court has already been respectfully invited. They are 
accordingly submitted to the two Houses without com- 
ment, and in the assurance that, together with the papers 
of a similar character already communicated, they will 
receive such consideration, as may be due to the impor- 
tance of their subject matter, and to the source from 
which they emanate. 

EDWARD EVERETT. 

Council Chamber^ February 15, 1836. 



CHAP, VH. 

A Resolve in favor of Mary Elizabeth TrufanU 

February 16, 1836. 

Resolved, That Mary Elizabeth Trufant, of Charles- 
town, in the county of Middlesex, be placed upon the list 
of persons to be supported at the American Asylum for 
the Education of the Deaf and Dumb at Hartford, at the 
expense of this Commonwealth, from and after the first 
day of May next, agreeably to the Resolves heretofore 
passed in relation to State beneficiaries. 



BETSEY RICHMOND. 307 



CHAP. vni. 



Resolve making an allowance to the Prison Discipline 

Society. 

Februarj 26, 1836. 

Resolved, That there be paid out of the treasury of 
this Commonwealth, to the Prison Discipline Society, 
the sum of four hundred and fifty-one dollars and twenty- 
seven cents, being a balance of the sum paid by said so- 
ciety to the chaplain of the State Prison, previous to the 
year one thousand eight hundred and thirty-two, and that 
a warrant be drawn accordingly. 



CHAP. IX. 

Resolve on the Petition of Betsey Richmond, of Norton, 
in the County of Bristol. 

February 26, 1836. 

Resolved, For reasons set forth in said petition, that 
the sum of one hundred dollars be paid in full out of the 
treasury of this Commonwealth to Betsey Richmond, and 
that the Governor draw his warrant accordingly. 



308 GEORGE BONNEY. 



CHAP. X. 

Resolve upon the Petition of George Bonney, Guardian 
of Charles T. Bonney. 

February 29, 1836. 

Resolved^ For the reasons set forth in said petition, 
that George Bonney, guardian of said Charles T. Bon- 
ney, is hereby authorized to sell by public or private sale, 
and to execute and deliver a sufficient deed thereof to the 
purchaser, the homestead farm of which Charles Bonney, 
the father of said Charles T. Bonney, died seized, 
bounded westerly by land of George Bonney ; northerly 
by a spring brook ; easterly by said brook and meadow of 
said George Bonney ; and southerly by land formerly of 
Elisha Buggies and the highway, and situate in Roches- 
ter, in the county of Plymouth. 

Provided, however, that said homestead farm shall not 
be sold at private sale for a less sum than seventeen 
hundred dollars, and if sold at auction, that the said 
George Bonney shall comply with the requisitions of law 
respecting sales by guardians, executors and administra- 
tors. And provided, also, that the said George Bonney, 
before executing any conveyance of the premises, shall 
give bond to the Judge of Probate of said county of 
Plymouth, with sufficient sureties, in such sum as said 
Judge shall require, with condition to put at interest, on 
good security, the money arising from the sale of said 
farm, to pay to Mary S. Bonney, widow of said Charles 
Bonney, the interest accruing from the sum for which 



AUTHORITY TO BORROW MONEY. 309 

said farm may be sold, so long as by the will of said 
Charles Bonney she would be entitled to the use and oc- 
cupation of said farm, and afterwards to account for the 
proceeds of said sale with those who may be lawfully 
entitled thereto according to the provisions of said will. 



CHAP. XI. 

Resolve authorizing the Treasurer to borrow money. 

February 29, 1836. 

Resolved, That the Treasurer of this Commonwealth is 
hereby authorized and directed to borrow of any of the 
banks in this Commonwealth, or any Corporation therein, 
or of any individual or individuals, such sum or sums 
of money as may irom 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 and twenty thousand dollars. 



40 



SIO ZADOK HOWE. 



CHAP. XH. 

Resolve on the Petition of Zadok Howe, guardian of Jo- 

siali Crosby. 

February 29, 1836. 

Resolved, for the reasons set forth in said petition, that 
the said Zadok Howe, in his capacity as guardian as 
aforesaid, is hereby authorized to execute and deliver a 
sufficient quit claim deed unto Aaron H. Patten of Bil- 
lerica, in the county of Middlesex, his heirs and assigns, 
of all the right, title and interest of said Josiah Crosby, 
the said minor, in and to the farm, buildings and mills, 
situate partly in Billerica in the county of Middlesex, and 
partly in Tewksbury in said county, in which the said 
Patten now lives, and which he now occupies. 

Provided, however, that before the said Howe, as such 
guardian shall execute any deed in pursuance of the pow- 
er hereby granted, he shall make and execute to the 
Judge of Probate for the said county of Middlesex, a bond 
with sufficient sureties, to be aj)proved by him in such 
penalty as he may require, with condition that the said 
Howe shall well and truly account for the money which he 
may receive as the consideration of the said conveyance. 



SALLY BLAGGE. 311 



CHAP. XIIL 

Resolve on the Petition of Sally Blagge. 
February 29, 1836. 

Resolved, For the reasons set forth in said petition, 
that Fitz James Price, of Boston, in the county of Suf- 
folk, merchant, is hereby authorized to make sale of a 
certain piece of land situated in the southerly part of the 
city of Boston, on the easterly side of Front street, 
bounded westerly one hundred and eighteen feet and 
nine inches on Front street ; southerly on land of Henry 
B. Curtis, eight hundred and twenty-five feet to the 
channel ; easterly one hundred and twenty-eight feet by 
the channel ; and northerly on land lately owned by Sam- 
uel Cobb eight hundred and twentv-five feet to Front 
street, either at public or private sale, and to execute and 
deliver any deed or deeds, sufficient in law to pass all the 
interest which Margaret Hall, late of Dorchester, in the 
county of Norfolk, widow, had in the premises at the 
time of her decease, to such person or persons as may 
become the purchaser of the same. 

Provided, however, that the said Fitz James Price first 
give bond with sufficient sureties, to the satisfaction of 
the Judge of Probate for the county of Norfolk, to invest 
the nett proceeds of said sale in other estate, to be held 
by him upon like trust, and for the same uses and pur- 
poses as the estate above described is now holden. 



312 COMMON LAW. 



CHAP. XIV. 

To the Senate and 

House of Representatives. 

I have recently received a letter from His Excellen- 
cy the Governor of Virginia, accompanied with a copy 
of resolutions of both houses of the Legislature of that 
State, on the subject of slavery. Agreeably to the 
request contained in the letter of Governor Tazewell, 
copies of the aforesaid resolutions are herewith communi- 
cated, and respectfully submitted to the consideration of 
the two houses. 

EDWARD EVERETT. 

Council Chamber, 2d March, 1836. 



CHAP. XV. 

Resolve respecting a Codification of the Common Law. 

March 3, 1836. 

Resolved, That His Excellency the Governor be au- 
thorized to appoint, with the advice and consent of Coun- 
cil, five Commissioners, whose duty it shall be to take 
into consideration, the practicability and expediency of 
reducing: to a written and svstematic code the Common 
Law of Massachusetts, or any part thereof, and to report 



MESSAGE. 313 

thereon to the next Legislature, subjoining to their report 
a plan or plans of the best method in which such reduc- 
tion can be accomplished. 



CHAP. XVI. 

Resolve for the support of Mary Johnson, an Indian of the 
Chappequiddic Tribe. 

March 3, 1836. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth to the guardian of the 
Chappequiddic Indians for the time being, the sum of 
two dollars per week, for the support of Marj Johnson, 
an Indian of that tribe, for and during the term of her 
natural life ; said payment to be made annually, com- 
mencing from the first day of May, one thousand eight 
hundred and thirty-five, and that warrants be drawn ac- 
cordingly. 



CHAP. XVII. 

To the Senate and 

House of Representatives. 

The two houses are respectfully informed, that the 
office of Major General of the First Division of the Mili- 
tia has been rendered vacant, by the resignation and hon- 



314 SAMUEL PHELPS & JOHN SEDGWICK. 

orable discharge of General John S. Tyler, late com- 
mander of that division. 

EDWARD EVERETT. 

Council Chamber, 8ih March, 1836. 



CHAP. XVIII. 

Resolve on the Petition of Richard Nichols. 

March 8, 1836. 

Resolved, For reasons set fortli in said petition, that 
there be allowed and paid out of the treasury of this 
Commonwealth to Richard Nichols, the sum of one hun- 
dred and seventy-five dollars, in full for his services and 
expenses in apprehending George Walton, a fugitive from 
justice ; and that a warrant be drawn therefor. 



CHAP. XIX. 

Resolve on the Petition of Samuel Phelps and John 

Sedgwick. 

Blarch 8, 1836. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the treasury of this 
Commonwealth to Samuel Phelps and John Sedgwick, 



HANNAH CARLETON. 315 

the sum of one hundred and thirty-nine dollars and fifty 
cents, in full for their services and expenses in appre- 
hending Lilburn Lapham, a fugitive from justice; and 
that a warrant be drawn therefor. 



CHAP. XX. 

Resolve on the Petition of Hannah Carleton of Boston in 
the Cownti) of Suffolk guardian of Mary Sawyer Carle- 
ton^ a minor. 

March 8, 1836. 

Resolved, For the reasons set forth in said petition, that 
the said Hannah, in her capacity as guardian as aforesaid, 
is hereby authorized to sell and convey the interest of the 
said minor (being one fourth part of the remainder in fee) 
in certain land in said Boston, situated in and near Pem- 
berton Hill, bounded easterly on Tremont street ; north- 
erly on land formerly of Theodore Lyman ; westerly on 
land of Ebenezer Francis ; and southerly on land of Sam- 
uel A. Shurtleff, at public or private sale, upon such terms 
and conditions as she may deem most for the advantage 
and profit of said minor : provided, that the said Hannah 
first give bond to the Judge of Probate for the county of 
Suffolk, with satisfactory sureties, faithfully to execute 
the power hereby given, and to invest the proceeds there- 
of, or hold the securities therefor received, for the benefit 
of the said minor. 



316 ARCHIVES. 



CHAP. XXI. 

Resolve relating to the Archives of the Commonwealth. 

March 11, 1836. 

Resolved, That the sum of one thousand dollars is 
hereby appropriated, to be expended by the Secretary of 
the Commonwealth, under the direction of His Excel- 
lency the Governor, in providing for the preservation and 
security of the papers and documents in the archives of 
the Commonwealth ; and that a warrant be drawn ac- 
cordingly. 



eowtnontoraltii of JWassacijufiiettfif* 



Treasury Office, 2d mo. (Feb.) 27th, 1836. 

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, w^hich when allowed and paid will be in full 
discharge of said accounts to the dates therein mentioned. 

HEZEKIAH BARNARD, Treasurer. 

To the Senate, and 

House of Representatives, 



41 



ROLL or ACCOUNTS 

Audited by the Treasurer of the Commonwealth, and re-' 
ported Feb. 27, 1836, 

SHERIFFS. 

Crocker, David, for distributing blanks, and re- 
turning votes, to November 15, 1835, 1 1 40 

Estate of Elijah Crane, for distributing blanks 

and returning votes, to December 18, 1833. 64 32 

Folger, Peleg S., for returning votes, to No- 
vember 9, 1835, 10 88 

Leonard, Horatio, for distributing blanks, and 

returning votes, to November 1835, 10 80 

Nevers, John, for distributing blanks, and re- 
turning votes, to November, 1835, 18 40 

Rice, Caleb, for distributing blanks, and re- 
turning votes, to November, 1835, 14 40 

Sprague, Joseph E., for distributing blanks, 

and returning votes, to November, 1835, 12 00 

Varnum, Benjamin F., for distributing blanks, 

and returning votes, to November, 1 835, 20 40 

Willard, Calvin, for distributing blanks, and re- 
turning votes, to December 8, 1835, 25 36 



;^187 96 



CORONERS, 

Brownell, Frederick, for the funeral expenses. 
Sic. of a woman and child, (strangers,) to 
July, 1835, 12 00 

Cook, John, for the funeral expenses, &c. of a 

stranger, to May 31, 1835, 7 00 



PRINTERS. 319 

Fiske, Nathan, for taking inquisitions, to May 

23, 1835, 
Gordon, William, fof taking an inquisition, July 

26, 1835, 
Harris, Sylvanus, for taking an inquisition, &c. 

September 1, 1835, 
Harrington, Luther, for taking an inquisition, 

&c. April 7, 1835, 
Partridge, William W., for taking an inqiiisi- 

tion, &c. August 26, 1 835, 
Spear, William, for taking an inquisition, &c. 

May 17, 1835, 
Stowers, Joseph, for taking an inquisition, &c. 

April 19, 1835. 
Wade, William F., for the funeral expenses, &lc. 

of a stranger, April 13, 1835, 

^133 02 
PRINTERS. 

Adams &. Hudson, for advertising, &c. and for 

newspapers, to February 29, 1836, 304 64 

Allen, Phinehas, & Son, for publishing the laws 

of 1835, and advertising, to January 4, 1836, 31 33 
Andrews, Ferdinand, for publishing the laws of 

1835, and advertising, to June 20, 1835, 26 66 

Badger & Porter, for newspapers, supplied to 

February 29, 1836, 223 40 

Barrett, George C, for newspapers, supplied 

to February 29, 1836, 123 16 

Bazin, George W., for newspapers, supplied 

to February 29, 1836, 27 79 

Reals & Greene, for advertising, &c. and for 

newspapers, to February 29, 1836. 312 35 



17 


27 


14 


83 


20 


02 


14 


25 


11 


40 


16 


52 


12 


73 


7 


00 



320 PRINTERS. 

Bemis, G. F., for advertising, to May, 1835, 8 00 

Bowles, Samuel, for publishing the laws of 

1835, and advertising, to May 2, 1835, 21 66 

Briggs, L. & Co., for publishing the laws of 

1835, and advertising, to June 10, 1835, 17 67 

Buckingham, Joseph T., for advertising, &c. and 

for newspapers, to February 29, 1836, 282 12 

Condon, Samuel, & Co., for newspapers, sup- 
plied to February 27, 1836, 68 20 

Cushing, John D., for publishing the laws of 

1835, and advertising, to May 14, 1835, 25 32 

Danforth, Allen, for publishing the laws of 1835, 

and advertising, to June 20, 1835, 29 17 

Dearborn & Bellows, for publishing the laws of 

1835, and advertising, to June 19, 1835, 28 41 

Devereux & Donohoe, for newspapers, suppli- 
ed to March 1, 1836, 12 00 

Button & Wentworth, for newspapers, supplied 

to February 29, 1836, 24 80 

lEarle, Benjamin, for publishing the laws of 

1835, and advertising to October 31, 1835, 19 6& 

Farmer, Jedidiah, for publishing the laws of 

1835, and for advertising, 24 17 

Fish, Ebenezer, for publishing the laws of 1835, 16 67 

Foote & Chisholm, for advertising, &c. and for 

newspapers, to November 2, 1 835, 98 66 

Ford, John, for newspapers, supplied to Febru- 
ary 29, 1836, 234 16 

Garrison & Knapp, for newspapers, supplied 

to February 29, 1836, 54 95 

Gourgas, Francis R., for publishing the laws of 

1835, and advertising, to June 27, 1835, 19 67 

Hack, C. A., for publishing the laws of 1835, 

and advertising, to June 12, 1835, 26 67 



PRINTERS. 321 

Hale, Nathan, for advertising, &c. and for news- 
papers, to February 29, 1836, 244 16 

Hallett, Benjamin F., for newspapers, suppli- 
ed to February 29, 1836, 337 32 

Hawley, W. A., for publishing the laws of 1835, 

and advertising to June 24, IBS"), 29 00 

Homer & Palmer, for advertising, &lc. and for 

newspapers, to February 29, 1836, 147 04 

Haughton Richard, for advertising, &c. and for 

newspapers, to February 29, 1 836, 296 64 

Huntress & Knowlton, for publishing the laws 

of 1835, and advertising, to June 19, 1835, 56 82 

Kingsbury, Benjamin, for newspapers, suppli- 
ed to February 29, 1836, 35 96 

Leonard, N. T., for publishing the laws of 

1835, and advertising, to July 28, 1835, 27 66 

Lynn, Record, for publishing the laws of 1835, 

and advertising, to June 25, 1835, 20 66 

Mann, Herman, for publishing the laws of 1835, 

and advertising, to June 18, 1835, 29 66 

Morss & Brewster, for publishing the laws of 

1835, and advertising, to June 26, 1835, 77 98 

Nichols, Thomas L., for newspapers, supplied 

to February 29, 1836, 15 00 

Palfray & Cook, for publishing the laws of 

1835, and advertising, to June 24, 1835, 29 66 

Phelps, A., for publishing the laws of 1835, 16 67 

Porter, William S., for newspapers, supplied 

to February 29, 1836, 36 92 

Pray, Isaac C. Jr., for newspapers, supplied to 

February 27, 1836, 250 00 

Spooner, M., for publishing the laws of 1835, 

and advertising, to May 6, 1835, 28 67 



322 MISCELLANIES. 

Tannatt, A. G., for publishing the laws of 1834, 16 67 
Tripp, Noel A., for publishing the laws of 

1835, and advertising, to April 29, 1835, 18 66 
Wheildon, William W., for publishing the laws 

of 1835, and advertising, to June 20, 1835, 27 41 

;^3,803 85 
MISCELLANIES. 

Ballard & Prince, for carpeting, binding, &c. for 

the Land Office, to August 19, 1835, 71 30 

Blaney, Henry, for mason's work, &c. to De- 
cember 24, 1835, 19 25 

Durivage, Francis S., for his services in pre- 
paring documents for the public service, to 
January 8, 1836, 126 50 

Fowle & Brewer, for cloth, carpeting, &c. to 

January 11, 1836, 129 27 

Hubbard, J. C, for desk, chairs, &c. to Febru- 
ary 15, 1836, 51 50 

Leach, William, for his services in preparing 
documents for the public service, to January 8, 

1836, 21 56 
Loring, Josiah, for stationary, &c. for the Ad- 
jutant General's office, to December 28, 

1835, 26 28 

Loring, James, for Massachusetts Registers, to 

January 27, 1836, 11 67 

Learnard, William, for his services in preparing 
the Revised Statutes for the press, to Febru- 
ary 20, 1836, 237 00 
Whitman, Allen, for his services in preparing 
the Revised Statutes for the press, to De- 
cember 26, 1835, 129 00 



AGGREGATE. 323 

Wheeler John H., for carpenter's work, 
&c., to January 10, 1836, viz. 
State House, 995 83 

House in Hancock street, 712 62 

Library, 42 59 1,751 04 



#2,574 37 



AGGREGATE. 



Sheriffs, 187 96 

Coroners, 133 02 

Printers, 3,803 85 

Miscellanies, 2,574 37 

;^6,699 20 



324 SHERIFFS, &c. ACCOUNTS, 



CHAP. xxn. 

Resolve authorizing the payment of certain Sheriffs, Cor- 
oners, Printers, and other accounts. 

March 11, 1836. 

Resolved, That there be allowed and paid out of the 
public Treasury, to the several persons named in the 
foregoing Roll, the sums set against their names respec- 
tively, amounting in the whole, to six thousand six hun- 
dred and ninety-nine dollars, and twenty cents, the same 
being in full discharge of all the accounts, to which they 
refer, and that a warrant be drawn therefor. Provided, 
That before paying so much of the aforesaid sum, as is 
charged for newspapers, delivered to members of the le- 
gislature, the Treasurer shall require of the persons who 
have made such charges, a list of the names of all such 
members, and the number of papers, and the amount 
charged for each member. And if upon examination any 
error shall be found in the charges so made, the Treasur- 
er shall make deduction accordingly. 



[loj_ilj, l^O. 



PAUPER ACCOUNTS TO JANUARY 1, 1836. 

AS AUDITED BY THE COMMITTEE OF ACCOUNTS. 

Abington, for support of Margaret Jack, and 
Stephen Long, adults, for the year 1835, and 
for the suport of Antonio Julio and Margaret 
Jack, adults in 1834, 110 35 

Adams, for support of Phila Hill, Lydia Town- 
send, Sarah Dodge, Sarah Goodrich, Agnes 
Mores, Lillis Hamlinton, Polly Martin, Timo- 
thy Shipley, Thomas Wilson, John Pettice, 
Sally Pettice, adults, and Caty Shepard, Jane 
Shepard, Adaline Witherell, Sarah Van Ran- 
sellaer, Mary Ann Barker, Melissa Pettice, 
Lydia x'Vnn Pettice, Truman Pettice, Gerome 
Pettice, Amy Pettice, Lovice Robbins and 
Dyer Robbins, children, and funeral charges 
for Agnes Mores, 429 45 

Alford, for support of Minerva Smith, a child, 3 72 

Amesbury, for support of Robert Baker, adult, 28 43 
Amherst, for support of Polly Richardson, Pe- 
ter Jackson, Sarah Jackson*and Jube Wells, 
adults, 78 44 

Andover, for support of Sukey Hornsby, Flora 
Chandler, Dinah Chadwick, Rosannah Co- 
burn, Mary Haley, Jane Jackson, Mary Kir^ 
42 



326 PAUPER ACCOUNTS. 

by, Mary Sigourney, Robert Henland, Mi- 
chael Kirbv, John M'Intosh, Maria Lynch, 
and Lucy Foster, adults, and Lyman Haley, 
George Haley, Joshua Haley, Maria Provvn, 
Elizabeth M. Lynch and Hannah Hyland, 
children, and funeral charges for Robert Hen- 
land, 291 33 

Ashburnham, for support of William Stineger 

and Hiram Stinegar, adults, 56 92 

Ashfield, for support of Almira D. Harvell, 
adult, and Joseph D., Sarah D. and George 
D. Harvell, children, 48 72 

Ashfield, for removing Almira D., Joseph D., 
Sarah D. and George D. Harvell, state 
paupers, out of the Commonwealth, 36 50 

Attleborough, for support of Patrick Canaton, 
Christmas Redwood and Josiah Foster, 
adults, and funeral charges for Patrick Can- 
aton, 50 47 

Barnstable, for support of Silas Wood, Lerana 
Antonio, John Robinson and John Lemon, 
adults, and funeral charges for Silas Wood 
and Lerana Antonio, 42 59 

Barre, for support of Dinah Backer, adult, and 
James, William, Charles and Leaiider Batch- 
elder, children, 70 88 

Bedford, for support of Violet, an adult, in 1834, 
and for support of Violet and Samuel P. Wal- 
do ill 1835, and funeral charges for Samuel 
P. Waldo, 70 35 

Belchertown, for support of Hannah Levins, 
Susannah Mclntire, Duty Darling and John 
Floyd, adults, 68 40 

Bellingham, for support of John Thornberry and 



PAUPER ACCOUNTS. 327 

Eliza Thornberry, adults, and Sarah Thorn- 
berry, a child, 15 43 

Boxborough, for support of Andrew Jackson, a 

child, 16 54 

Beverly, for support of Dolly Claxton, George 
Henderson, Nancy McCormick, Eunice Dun- 
can, Lucy Ann Duncan, John Kelly, Thom- 
as Carroll, Judith Carroll, Lawrence Nary, 
Sarah Ann Duncan, adults, and William H. 
Duncan, James B. Duncan and Eliza Dun- 
can, children, 49 62 

Billerica, for support of James Malade, Thomas 

Malade and Augustus Murray, children, 32 12 

Blandford, for support of John U. Durlam, Su- 
san Burdick, Polly Burdick, Lucretia Wads- 
worth, and Mary Bradley, and Theodore, 
adults, and funeral charges for Mrs. Wads- 
worth, 128 25 

Bradford, for support of Joel Saunders, Rose 
Saunders and Ellen Coe, adults, and Henry 
Coe, a child, 

Boylston, for support of Eleanor Johnson, a child, 

Boston, for supplies to sundry paupers, and fu- 
neral charges for paupers out of the House 
of Industry, 

Boston, for support of sundry paupers in the 
House of Reformation for Juvenile OlFenders, 

Boston, for support of sundry paupers in the 
House of Industry, and funeral charges for 
paupers in the House of Industry, 

Bristol County, for support of sundry paupers 
in the House of Correction, 

Bridgewater, for support of Rachel Eleba, Ben- 
jamin Mehurin, Hannah Fowler, Amy Ward, 



78 


46 


10 42 


2890 


52 


324 


08 


8597 


88 


295 


21 



328 PAUPER ACCOUNTS. 

Mary Phfloan, Merihah Mingles, adults, and 
Isaac Wood, Francis Asliport and a child of 
Mary Phflean, children, 180 94 

Brighton, for support of John T. Baker, adult, 

and Nathan Comfort, a child, in 1835, 45 00 

Brighton, for support of John T. Baker, adult, 

and Natimn Comfort, a ciiild, in 1834, 55 34 

Brimfield, for support ol' Thomas Corbin, adult, 

and George W. Paine, a child, 45 00 

Brookfield, for support of Charles E. Phelps, a 

child, 16 54 

Brookline, for su])port of George Thom})son, 

adult, and Ann Potter, a child, 33 76 

Burlington, for su])port of Venus Bowe, John A. 

Patio and Ezra Hatch, adults, 40 1 1 

Cambridge, for support of sundry paupers, and 

iuneral charges for sundry paupers, 2286 95 

Canton, for support of Samuel Freeman, James 

T. Bagshaw and Bridget Gary, adults, 32 40 

Carver, for support of A|artin Grady, adult, 21 62 

Charlton, for support of Robert Bennett, adult, 

and George IJ. Bennett, a child, 29 18 

Charlestovvn, for support of sundry paupers, and 

funeral charges for sundry paupers, 2876 25 

Charlestovvn, for expenses incurred in support 
of Patrick McWilliams and Mrs. Williams, 
while sick with small pox, 55 64 

Chelmsford, for support of Thomas Reed, Ma- 
ria Baxter, John Booth and David Jameson, 
adults, 13 58 

Chelsea, for support of Job VVarrow, Betsey 

Jones and John Andrews, adults, 74 25 

Cheshire, for support of Noel Randal, Ephraim 
Richardson, Joel Lilly, Polly Cooper, Levi 
Pierce and Molly Dimond, adults, 170 40 



PAUPER ACCOllNTS. 329 

Chester, for support of Jenny Hardy, Benjamin 
Powers, Enoch Hardy, Hannah Hardy and 
Sophia Freeman, adults, and three children, 137 54 

Clarksburg, for support of Lovell Hill, Naomi 
Hill, Thomas Pritchard and Lydia Pritchard, 
adults, and William and Caroline Hill, chil- 
dren, 95 88 

Colraine, for support of Cate Van Allenburgh, 
Mary Hart, Mary Garner, David Sampson and 
Eliza Sampson, adults, and Samuel and John 
Sampson, children, and funeral charges for 
Eliza Sampson, 11 1 22 

Concord, for support of Ephraim T. Putnam, 
Polly Putnam, William Chandler, Violanthy 
Briggs and William Knox, adults, and Mary, 
Susan and Henry Putnam, Mary Ann, Wil- 
liam L. and Lucy W. Briggs, children, 43 89 

Conway, for support of Sally M. Murphey, adult, 
and Lucy, William and Catherine D. Clark, 
children, 78 08 

Cummington, for support of Margaret Fitzgib- 
bon, Brister Pierce, William Brown, John 
Floyd and Hannah Belden, adults, and Mar- 
cus Fitzgibbon, Mary Ann Fitzgibbon and 
an infant child, children, 75 40 

Dalton, for support of Mary Hoose, adult, 28 46 

Danvers, for support of sundry paupers, viz. 
thirty-three adults, and thirteen children, 
and funeral charges for John Fitzgerald and 
Caesar Willcox, 293 63 

Dartmouth, for support of John Lowe, Cuff 
Freeborn, James M'Mennamen, Mary Ann 
Tuckernish, Nancy Petty and Pompey 
Garner, adults, 72 60 



16 18 



330 PAUPER ACCOUNTS. 

Dedham, for support of Abigail Odiorne and 
Mrs. Hogan, adults, and two children of Mrs. 
Hogan, 

Deerfield, for support of Lovina Witherell, 
Prince Manuel, and Charles Hay, adults, and 
Charles Manuel, a child, and funeral charges 

- for Prince Manuel and Charles Ray, 72 33 

Dorchester, for support of William P. Sargeant 
and wife, Thomas Booney and wife, George 
Warren, John York, John Green, Catharine 
Kelly, Thomas Johnson, and Mercy Childs, 
adults, and Henry Kelly, two children of 
Catharine Kelly, Sarah Hague and five chil- 
dren of Mercy Childs, children, 98 56 

Dover, for support of Charles E., Joseph H. 

and George W. Snow, children, 49 62 

Dracut, for support of James Hoyle, William 
P. Harrison, Abigail Townsend and Ephraim 
W. Garland, adults, 28 88 

Duxbury, for supprt of John ( 'arnes and Sarah 

Simmons, adults, o3 98 

East Bridgewater, for support of Elihu Stephens, 
Robert Seaver, Anna Richards, John Chesnut 
and wife, adults, and Francis Cromwell, a child, 158 69 

Enfield, for support of Deborah Butterworth, 

adult, 28 46 

Easthampton, for support of Submit Bailey and 
Patrick Cavenagh, adults, and Charles Bai- 
ley, Henry O. Jones, Mary Ann and Thom- 
as L. Cavenagh, children, 79 84 

Egremont, for support of Betsey Daley, Reu- 
ben Vanguilder, Andrew M. Carrow, Polly 
Hopkins and Abigail Willcox, adults, and 
Louisa Beckwith, Martha Beckwith, Erne- 



187 


60 


28 


46 


572 


14 


4 


20 



PAUPER ACCOUNTS. 331 

line Beckwith and Julia Ann Beckwith, chil- 
dren, 

Essex, for support oF John Colnian, adult, 

Essex County, for support of sundry paupers 
in the House oi Correction and funeral char- 
ges for two paupers, 

Fitchburg,for support of David Howston, adult, 

Framinghanti, for support of Daniel Campbell, 
Julia Blake, Thomas Coney, Bridget Coney 
and William Knox, adults, and Jane Blake 
and Catharine Coney, children, 57 03 

Freetown, for support of Israel Kimble, Phebe 
Sherman and George Williams, adults, and 
funeral charges for Israel Kimble and George 
Williams, 21 93 

Fairhaven, for support of Elizabeth Barber, 
Robert Wilson, Margaret Wilson, William 
Wilson, Mary Sweet, Mary Smith, William 
Duffee, Abigail Christopha, John Adams, 
George Bunker, John Davis, Henry Pack- 
ard Joseph Sunyarn, Stephen Simons, Sarah 
Simons, William Butler, Amanuel Francis 
and John Williams, adults, and John, Wil- 
liam C. and Margaret Barber, Lydia Sweet, 
Maria Sweet, Franklin Sweet, Allen Sweet, 
John Christopha, Elizabeth Christopha, chil- 
dren, and funeral charges for William But- 
ler, Amanuel Francis and Stephen Simons, 471 11 

Foxborough, for support of Caroline J. Howe 

and Willam P. Merrill, adults, 28 14 

Franklin, for support of Elisabeth S. Gray, 
Henry Redwood, children, and Nancy Red- 
wood, adult, 34 22 

Fall River, for support of Barney McKerrick, 



332 PAUPER ACCOUNTS. 

Mary Mc.Kerrick, John Dourne, Catharine 
Dourne, William Dover, Mary Dover, Susan 
Doroty, Elizabeth Moore, James Robinson, 
Jonathan Negus, Thomas Melville, Mary Al- 
buckles and Michael Fitchell, adults, and 
Catharine McKerrick, Mary Ann and John 
McKerrick, Mary, Catharine, Peter, Eliza- 
beth and Cecilia Dourne, John and Ann Do- 
ver, Margaret and Peter Delany, Betsey 
Ann Lincoln and Mary Jane Albuckles, 
children, 280 76 

Gayhead, for support of Hezekiah Sewall and 

Thomas Morse, adults, 56 92 

Gill, for support of Mary Lavvson, adult, 28 46 

Grafton, for support of Cornelius Johnson, Mar- 
tin Murphey, John Johnson, Elisabeth Phil- 
lips, adults, and Ellen Barrett and Mary Ann 
Barrett, children, 125 72 

Granby, for support of Bulah Murray, and An- 
gelica Wright, adults, 56 92 

Gloucester, for support of Elizabeth Dowsett, 
Nancy Youlin, Elizabeth Dade, Leah Francis, 
John Shafton, William Pressa, Mark Grimes, 
Else Freeman, Lucy Sharp, Abigail Grover, 
Maria A. Hill, Patrick Troy, David James- 
town, George Gardner, Ephraim McFarland, 
George Gerald, Anna Youlin, adults, and 
Lucy Sharp, Mary E. Sharp, Abigail and 
Martha E. Grover, and George Rowe, chil- 
dren, and funeral charges for Leah Francis, 
William Pressa, Abigail Grover and Anna 
Youlin, 416 83 

Granville, for support of Sally Stewart, Mary 
Barden, adults, and Chauncey Goodrich and 
Clarissa Barker, children, 90 00 



PAUPER ACCOUNTS. 333 

Great Barrington, for support of Joanna Porter, 
Lucy Porter, Peter Smith, Sarah Smith, 
John McGeorge, John Jackson and James 
Cole, adults, and William Wells, a child, 173 99 

Greenfield, for support of Mary Taggart, adult, 
and George White and Charles Lane, chil- 
dren, 78 08 

Greenfield, for amount paid for support of Thom- 
as Rock wood, Jr., a state pauper in the Lu- 
natic Asylum at Worcester, 67 76 

Groton, for support of Thomas Benson, adult, 
in 1834, and for support of Thomas Benson, 
Daniel Parker and Daniel Gregger, adults, 
and Charles and Benjamin Gregger, children, 
in 1835, 83 40 

Had ley, for support of Joseph Spencer, adult, 

and funeral charges for Joseph Spencer, 8 64 

Hancock, for support of Israel Clarke, Mary 
Clarke, James Hines, Sarah Hines, Louisa 
Casset, Thomas W. Darby, Benajah Mills 
and Darius Green, adults, and Prudence and 
James Hines, Jr., Jeremiah H., Polly U. and 
William H. Helma, children, 134 32 

Hanover, for support of Thomas Quindley and 

Hannah Loring, adults, 38 51 

Hanson, for support of Betty Joel, adult, 28 46 

Hardwick, for support of David Smith, adult, 13 62 

Haverhill, for support of Anna Reed, Nathaniel 
Bartlett, Chase Hilliard, Elisha Frost, Wil- 
liam P. Sargeant and Sarah Sargeant, adults, 
and John Q. Adams and Joseph W. Wood- 
bury, children, and funeral charges for the 
wife of John Woodbury, 100 33 

Havi'ley, for support of Betsey Aldrich, adult, 13 83 

43 



334 PAUPER ACCOUNTS. 

Heath, for support of Ljdia Lanphere, adult, 23 46 

Herringpond, for support of Thomas Fowler and 
Dinah Reed, adults, and funeral charges for 
Thomas Fowler, 36 00 

Hinjiham, for support of Robert Frank, Robert 

McKella and Gustavus Betson, adults, 20 34 

Hinsdale, for support of Jeremiah S. Clark, a 

child, 16 54 

Holliston, for support of John Ford, Walter H. 

Davis and William Wood, adults, 42 44 

Ipswich, for support of John O'Brien, John Jar- 
vis and wife, adults, 63 04 

Kingston, for support of Sophia Holmes, adult, 

and Emily Holmes, a child, 45 OQ 

Lanesborough, for support of John and Hester 
Gabriel, Mary Squier, Eunice Foote, Lucy H. 
Gorman, Mary Van Syckle, Mary Kipp, Amos 
Dodge, Mary Dodge, Rachel Sherman and 
Rachel Henman, adults, and Henry Gabriel, 
Theodore Gabriel, Robert H. Gorman, John 
Dodge, Fidelia Dodge, Charles Henman, Ira 
G. Williams, George Williams and Henry 
Williams, children, 443 00 

Lee, for support of Sarah Ross, John Marble 
and wife, Asa Gleason, the wife of Josiah 
McCoy, Mary M. Morse, Sarah Loree, adults, 
and Jeffrey Tucker, Amos Moore, Josiah Al- 
len, Charles Treadwell, Eli Morse and Ed- 
ward Loree, children, 214 98 

Leominster, for suj)port of William Shearer, 
Hannah Reed, John Patterson, Margaret 
Patterson, adults, and Jane Patterson and 
Esther Patterson, children, 60 06 

Leicester, for support of Ann Lawion, adult, 



PAUPER ACCOUNTS. .335 

and Walter, Hannah, Tirsah, Theodore and 

Henrj Laulon, children, 54 32 

Lenox, ibr support of Moses McGaw, Polly 
Bishop, adults, and Henry Ten Eyek, Nancy 
Russell, Abraham Russell, Edward G. Hurl- 
burt, Lester Fuller, Erastus Fuller, George 
Fuller, Mary Jacobs, Horace Hurlburt, John 
Way, Edwin Way, Winalson Way and Cath- 
arine Ten Eyek, children, and funeral charges 
for Horace Hurlburt, 249 28 

Lexington, for support of Libbeus Littlefield, 

Deborah Saco and a foreigner, adults, 8 87 

Leyden, for support of Tacy Clark, Sarah Stan- 
ton, Hannah Cole, Ruth Abel and Joseph 
Abel, adults, 142 36 

Littleton, for support of William Knox and 

James Fosset, adults, 30 28 

Longmeadow, for support of Lewis Depatra, 
Rebekah Depatra and David Church, adults, 
and Martin Depatra and Lewis Depatra, Jr., 
children, 27 66 

Lowell, for support of sundry paupers, viz. one 
hundred and two adults and forty-eight chil- 
dren, and funeral charges for twenty-one pau- 
pers, 1241 91 

Ludlow, for support of Harvey Olds, Lovina 

Powers and Timothy Haskell, adults, 65 46 

Lynn, for support of James Procter, Peter Kel- 
ly, Robert Evans, Lucretia Nary, Lucy Wood, 
John Ballister, David Chase, Maria Clark, 
Rachel Durant, Catharine Durant, Peter Sa- 
born and Sarah Pierce, adults, and John A. 
Clark, a child, 126 63 

Maiden, for support of Catharine Lynde, Deb- 



336 PAUPER ACCOUNTS. 

rough Saco, Sally Braining, Mary Cenly, Me- 
hitable Whitney, Elizabeth Pierce, William 
Granger, Nicholas Francis, Thomas Coony, 
Thomas Kneel, Thomas Conely, Patrick 
Clayton and John Patrick, adults, 158 75 

Mansfield, for support of Catharine Questley and 
Mary Blake, adults, and Martin, Patrick, 
John, Mary and Eliza Questley and Charles 
Marsh, children, 66 10 

Manchester, for support of Joseph Wheaton, a 

child, 16 54 

Marshfield, for support of Samuel Holmes, Bris- 
tol White, Jolin Qiiacknovv, adults, and Jane 
Quacknow and Phebe Quacknow, children, 118 46 
Marsh pee, for supjjort of George Jones, Ephraim 
Jerrett, Qnam Hussard, Lois Pitts, Joseph 
Grant and Sarah Jones, adults, and funeral 
charges for Joseph Grant and Sarah Jones, 130 00 

Medford, for support of Michael Farrall, John 
M'Carty, Levi Sherman, Mary Pierce, Sa- 
rah Pickford, Barzell Yarner, Lydia Brooks 
and Sarah Yarner, adults, and John Yarner, 
Elias Brooks and Maria Brooks, children, 148 44 
Medway, for support of Phebe Curtiss, adult, 19 25 

Mendon, for support of John Agar, Joseph L. 
Davis, Aaron Workman, Michael Delany, 
Augusta Ann Wilson and Andrew Thayer, 
adults, 59 67 

Methuen, for support of William Richards, John 
Hyde, Thomas Jones and Mary Ann Pike, 
adults, 69 07 

Middleborough, for support of Elizabeth Briggs, 
Solomon Robinson, Amy Robinson and Jen- 



PAUPER ACCOUNTS. 337 

ny Bowen, ndults, and Mary Ann M' A lister, 
Thalia E. M'Alister and William Hall, chil- 
dren, 132 30 

Middlell-'ld, for support of John Harkinson and 
Elizabeth Harkinson, adults, and Charles 
Caroline and Charlotte Harkinson, children, 83 33 

Milford, for support of Henry Burley, Robert 

Thompson and Catharine Leonard, adults, 41 80 

Millbury, for support of Rowland Cobb, adult, 

and Martin Flood, and Isaac Flood, children, 34 59 

Milton, for support of John C. Drew, Archibald 
M'Donald, Mons Nelson, Margaret Berry 
and Mary Maguire, adults, and Andrew Ma- 
guire, a child, and funeral charges for John 
Nugent, 115 76 

Monson, for support of John Williams, Mary 
Allen, Calvin Thresher and Desdemony 
Wakefield, adults, 86 88 

Montague, for support of Anna Sinclair, adult, 28 46 

Montgomery, for support of Hannah Boham, 

adult, 28 46 

Mount Washington, for support of Henry Ty- 
ler and Hannah Worden, adults, 66 92 

Natick, for support of Munroe, Martha, Emily 
and Henry Thompson, children, and funeral 
charges for Polly Jonah and Joseph P. Jo- 
nah, 73 66 

Needham, for support of John Pitcher, Sarah 
Posthill, John Wilkins, adults, and funeral 
charges for William S. Phillips, 67 19 

Needham, for amount paid for support of John 

Allen in the Lunatic Hospital at Worcester, 31 01 

New Bedford, for support of sundry paupers, 



338 PAUPER ACCOUNTS. 

viz. eighty-one adults, and forty-four chil- 
dren, and funeral charges for ten paupers, 1188 57 

Newbury, for support of Mary Mathews, Re- 
becca Rodgers, Lydia Rodgers, Lemuel 
Smith, Daniel Thomas, Benjamin Foss, Da- 
vid Hughes, Dinah Black, Martin Wright, 
Charlotte Mingo, Lydia Murray, William 
Gorman, Judith Brown, Molly Rodgers, Sa- 
rah Braughton, Ann Makar, Martha Henry, 
John Wood, Simon Batchelder and Joseph 
Broadbent, adults, and William, Thomas, 
Henry and George Marshall, Maria A.Brown, 
Harriet and Claries Braughton, Margaret, 
James and Catharine Makar, James Bias and 
a child of Dacia Francis, children, 439 96 

Newburyport, for support of sundry paupers, 
viz: twenty-nine adults, and twenty-four chil- 
dren, and funeral charges for Theodore 
Rounds, James Murray, Theodore Rounds, 
Jr. and John Williams, 727 47 

New Marlborough, for support of Oliver Har- 
mon, a child, 16 54 

New Salem, for support of Nathan Burke and 
Sabrina Hymes, adults, and Edwin Hymes a 
child, " 11 71 

Newton, for support of George French and Wil- 
liam Pickering, adults, 56 92 

Northampton, for support of sundry paupers, 
viz : forty-five adults, and six children, and 
funeral charges for Richard Bakeman's child, 292 67 

Northborough, for support of Jacob West, adult, 28 46 

Northbridge, for support of William Tyler, Lu- 
cy Talbot and James Norbury, adults, 65 76 



56 


92 


28 


46 


15 


44 


25 


72 


56 


92 


28 


46 



PAUPER ACCOUNTS. 339 

North Bridgewater, for support of James Dor- 
ren and James E. Cromwell, adults, 

North Brookfield, for support of Esther John- 
son, adult, 

Northfield, for support of Samuel Svveetland 
and Artemas Sweetland, children, 

Norton, for support of Ann Williams, a child in 
1834 and 1835, 

Norwich, for support of Rufus Miner and Ruth 
Sandford, adults, 

Orange, for support of Mary Smith, adult, 

Otis, for support of Josiah Harrison, adult, and 

funeral charges for Josiah Harrison, 5 70 

Oxford, for support of James R. Stewart, Jane 
Stewart, Thomas Painter and Mary Ann 
Painter, adults, and James Stewart, Jane 
Stewart, Isabella Stewart, Catharine Stew- 
art, John Painter, Laurina Painter, Thomas 
Painter, Jr. and Julia Ann Painter, children, 123 40 

Palmer, for support of Nancy Wallace, Roxy 
Wallace and Andrew Barrett, adults, and fu- 
neral charges for Roxy Wallace, 57 02 

Pawtucket, for support of Jane Donaldson, 
Katharine Hambleton, John Clagg, Elizabeth 
Parlow, Gennet French, adults, and Katha- 
rine Hambleton and James Hambleton, chil- 
dren, and funeral charges for Jane Donaldson 
and Genet French, 60 10 

Pelham, for support of Eliza Ann Mowry, while 
sick with small pox, and for nursing, attend- 
ance and medicine, 42 66 

Pembroke, for support of Mary Gifford and 

Thomas Duke, adults, 29 93 

Petersham, for support of Sabrina Himes and 



340 PAUPER ACCOUNTS. 

Anna Barry, adults, and Stephen, Thomas 

M. and Edwin Himes, children, 24 02 

Philiipston, for support of Abraham Schoal, 

adult, 28 46 

Pittsfield, for support of Caroline Stansbury, 
James Smith, Oren Freeman, Nancy Weller, 
William Weller, Jonathan Cressy, an infant 
of Fanny Ferguson, Theodore Brown, George 
Barker, Maretta Culver, Richard Flood, John 
Flood, James Flood, Jr. and James Anion, 
children, and John Berry, Prudence Berry, 
Catharine Cressy, Fanny Ferguson, Henry 
Jordon, Polly Little, George Woodhul, Eliza 
Castle, John Floyd, James Flood and Eliza 
Flood, adults, and funeral charges for George 
Woodhul and James Anion, 308 12 

Plainfield, for support of Elizabeth McCoy, 

adult, 28 46 

Plymouth, for support of John M. Roap, John 
Wolhing, James Reed, William P. Sargcant, 
Betsey Cosley, Sarah Sargeant, Thomas Co- 
ney, Bridget Coney and Alfred Taylor, adults, 
and Catharine Coney, a child, and funeral 
charges for Alfred Taylor, 110 16 

Quincy, for support of Elizabeth Barrow, Re- 
becca Manchester, Mary O'Donald, Alfred 
Taylor, Sarah Durant and Mary Lawson, 
adJlts, 90 49 

Randolph, for support of Lydia Dall and Eliza- 
beth Dobby, adults, and an infant child of 
Elizabeth Dobby, 44 88 

Reading, for support of Elizabeth McMegrevy, 
adult, and Alfred and Catharine McMegrevy, 
and Martha and Benjamin Camering, children, 78 30 



PAUPER ACCOUNTS. 'Ml 

Rehohoth, lor suj)port of Rliochi Eastabrooks, 
Naiu.'j Smith, John lloj)kiiis, Mary Biitton, 
Lucy K(3lly, Nancy Hill, Newport Bray ton, 
Chloe Turner, ISannah Scott and Isaac L. 
Scott, adults, and Miranda Britton, Dinah 
Hill and Andrew J. Hill, children, 223 20 

Royalston, for support of Alice Clements, adult, 28 46 

Russell, for support of Sally Harrington and 
Mary Newton, adults, and Nancy Hall and 
Normand Sears, children, 90 00 

Richmond, for support of Nancy Jessup, Susan 
Darling, Sarah R. Crittendon, Frederick 
Wicker, Ruth Wicker, Jacob Wicker, Miri- 
am McKee, Mrianda Gray and William J. 
Weston, adults, and Francis H., Emeline C. 
and Henry Darling, Adaline M. Hagar, Su- 
san Darling, Jr., James W. Clarina, Almira 
R., Jane L. and Sarah L. Wicker, Henry, 
Thomas and Lucy Evarts, Wertley and Wil- 
liam Gray, children, 379 78 

Rochester, for support of Hannah Cowell, Eliz- 
abeth Barber and Moses Wasgate, adults, and 
Emily Cowell, William Cowell, William C. 
Barber and Margaret Barber, children, and 
funeral charges for Moses Wasgate, 114 29 

Roxbury, for support of sundry paupers, viz. 
forty-two adults and twenty-four children, 
and funeral charges for Jane Williams, 542 14 

Roxbury, for support of sundry state paupers, 
while sick with the small pox, and house 
rent, nursing and attendance, and medicine 
for the same, 300 00 

Rowley, for support of William Davis, Orna 
Davis, Lovisa Pierce, William O. Bennett, 
U 



342 PAUPER ACCOUNTS. 

Henry Mason, John Stafford, Matthew Sul- 
livan, William K. Jones, Matilda Jones, Rich- 
ard Powers, John Sutton, Mary Sutton, 
Lawrence Doren, Eunice Doren, Maria 
Lynch, Thomas O'Brien, Edward Schehean, 
Dennis Fitzgerald, Patrick Barry, Joseph T. 
Kelly, Isabella Kelly, Ellen Moore, Peggy 
Carroll, Richard M'Cole, Vassal Tokes, 
Thomas Cooney, Bridget Cooney, Joseph 
Broad bent, Richard Doren, Catharine Do- 
ren, Mehitable Whitney, Abraham Perkins 
and Hannah Perkins, adults, and Catharine 
and William H. Davis, Edward, Elizabeth and 
Lawrence Doren, Jr. Eliza M. Lynch, Cath- 
arine Cooney, children, and charges for one 
funeralj 411 64 

Salem, for support of sundry paupers, viz. nine- 
ty-three adults, and fifteen children, and 
funeral charges for eleven paupers, 937 18 

Sandisfield, for support of Robert, Lydia, Nan- 
cy and Alfred Titus, Elisha, William, Henry 
and Melissa King, and Benjamin Whitney, 
children, 

Salisbury, for support of John and Martha 
Floyd, adults, 

Sandwich, for support of Phillis Wing, and Lu- 
cy Barnard, adults, 

Saugus, for support of Thomas Wier, James 
Casanell and Joseph Clarenbow, adults, 

Scituate, for support of Zilpha Whitcomb, Zilpha 
Scott, Polly Griffin, and Thirza Freeman, 
adults, and Olive Freeman and Lemuel Free- 
man, children, and funeral charges for Zilpha 
Whitcomb, 120 93 

Sharon T for sup)(ort of Edward and Betsey EI- 



148 


86 


1 


54 


30 


77 


15 


58 



PAUPER ACCOUNTS. 343 

lis, Daniel and Mary Murphey, Patrick and 
Margaret Kelly, Cornelius llallaus, and Ma- 
ry Bradley, adults, and two children of Dan- 
iel Murphey, a child of Patrick Kelly, and a 
child of Cornelius Hallans, 111 02 

Sheffield, for support of Charlotte Turner. Sa- 
rah Turner, Ann Shillhouse, Mahala Darby, 
Eleazer Fuller, adults, and James Prince, a 
child, and funeral charges for Ann Shillhouse, 
Eleazer Fuller and John Prince, 73 04 

Shelburne, for Support of Mary Bates and John 

Fowle, adults, 56 92 

Shirley, for support of Mary M'Kensie, Jenny 
Mitchell, adults, and Fanny, Charles, Walter 
Jr., and Franklin Mitchell, and Jane Rans- 
sellaer, children, 99 11 

Shrewsbury, for support of Augustus Potter, 

John Webb and James Reynolds, adults, 19 94 

Shutesbury, for support of John and Susannah 
Vennauler, Michael and Mary Vermont, and 
Welcome Still, adults, and Charles Phinne- 
more, a child, 142 18 

Somerset, for support of Polly Hill, Ann 
M'Given, adults, and Alice M'Given, and 
Thomas M'Given, children, 78 86 

Southampton, for support of John Cochran, 

adult, 11 59 

Southbridge, for support of Albro Reynolds, 

adult, and Esther Bradbury, a child, 34 23 

South Reading, for support of Mary Lawson, 

adult, 8 90 

Spencer, for support of Theophilus D., and Elea- 
nor E. Freeman, children, 23 08 

Stoneham, for support of Chloe Freeman, Nan- 



344 PAUPER ACCOUNTS. 

cy Freciinan, and Robert Thompson, adults, 

and Anieral charges for Robert Thompson, 62 48 

Sturbridge, for support of Samuel VVeldon, 

George and Rhoda Thompson, adults, 76 48 

Springfield, for support of Michael Smith, 
Ephraim Cadv, James M'MuIlen, Henry 
Matthews, Oliver King, Susannah King, 
Robert Graliam, William Pearsall, Delia Bar- 
den, Elijah Frey, Charlotte Frey, Robert 
Griffin, Sally Griffin, Luther Moore, Sally 
Moore, George Washington, Sybil Washing- 
ton, Lovina Grey and Benjamin Sunuiie, 
adults, and Caroline Reed, a child of Delia 
Barden, Charles Williams, a child of Char- 
lotte Frey, George Williams, Edward, Han- 
nah, Pamelia and Eliza Griffin, Charles 
Moore and a child of Lovina Grey, children, 164 96 

Stockbridge, for support of Abraham Parmerlee, 
Doreas Webster, Cynthia Martin, Dinah El- 
key and Nancy Duncan, adults, and Rosauna, 
Theodore and Harriet Martin, children, 173 70 

Stoughton, for support of Isaac Williams and 

Nathaniel Crowd, adults, 32 43 

Sudbury, for support of John Wilkins, adult, 3 01 

Swanzey, for support of John M. Carter, adult, 28 46 

Taunton, for support of Moses Shute, during 
the year 1834, omitted last year, and for sup- 
port of Rosana Hines, Mary Richardson, 
Catharine Kelly, Betsey Lovejoy, Eliza 
Lovejoy, Robert Wilson, Hannah McCarty, 
Deborah Smith, Margaret Harrington, Cath- 
arine Meehen, Hamilton S. Steward, James 
Dodd, John Minator, Fanny Minator, Joseph 
Green, Mary Green, Ann Morrison, Elizabeth 



PAUPER ACCOUNTS. 345 

Smith, Jane Hunt, Mary McFarling, Bridget 
Kellj, Moses Sliuto, Charlotte P. Wood and 
Joseph Lyon, adults, and William Hines, 
John W. Richardson, Sarah, Maria, Joseph 
and Catharine Kelly, Joseph Lovejoy, Henry 
E. McCarty, and an infant of Hannah McCar- 
ty, Ann M. Lincoln, John and Mary Minator, 
Edward Murphey, Margaret, Catharine and 
Elizabeth Ryan, Eleanor and James Morri- 
son, Hannah, Sarah, Alexander and John 
Smith, Edward, George, Thomas, Jane F. 
and Jane Hunt, Francis and Margaret Kelly, 
children, and funeral charges for Betsey 
Lovejoy, Hamilton S. Steward and Joseph 
Green, 555 30 

Tewksbury, for support of Nicholas Welch and 

William Morgan, adults, 13 55 

Topsfield, for support of Phillis Emmerson, 

adult, 28 46 

Townsend, for support of Edward McBride, 
Thomas O'Bryant, Eunice O'Briant. adults, 
and Henry Jackson, Elizabeth O'Briant and 
Edward O'Briant, children, and funeral char- 
ges for Edward McBride, 25 95 

Tyringham, for support of Richard Gardner, 
Pamelia Filley, Elizabeth Hicks, Laura 
Cross, Jacob Vandeuson, Sarah Wilcox, Pe- 
ter Rainy, Fanny Rainy, Sarah Ann Makee, 
and Robert Ball, adults, 165 24 

Uxbridge, for support of Ebenezer Darling, 
Mary Salsbury and Mary Pratt, adults, and 
Hiram Alney and Jesse Alney, children, 114 92 

Upton, for support of Mary Bryant, Eliza Hen- 

dreeks and Deborah Brown, adults, 43 27 



346 PAUPER ACCOUNTS. 

Walpole, for support of Agnes Gill, Hannah Da- 
vis, James Hale, Robert Payne, Charles 
Wiggins, Robert Boyd and William Williams, 
adults, and an infant child of Hannah Davis, 73 77 
Waltham, for support of James Buchannan, 

adult, 28 46 

Ware, for support of Thomas Dennison and 
Harriet N. Page, adults, and Caroline Olney, 
a child, 65 27 

Ward, for support of Sarah Wiser, adult, 28 46 

Warwick, for support of Samuel Gunn, adult, 28 46 

Washington, for support of Henry Panton, adult, 28 46 
Westhampton, for support of I brook Miller, 

adult, and Charles P. Ellis, a child, 44 60 

Watertown, for support of William Merrick, Jo- 
seph Young, Thomas M'Bride, William 
Leachman, Catharine M'Aster, Barney 
O'Friel, Margaret O'Friel, William Cooney, 
Bridget Cooney, Thomas Lowes, William 
Precious, John Kirney, John Day, Dennis 
M'Cleary, Mary Dowd, Patrick Berry, Al- 
exander Gibbens, James Holland, Mary Hun- 
ter, Catharine M'Glulin, Thomas M'Daniels, 
Patrick Coney, Susannah Coney, adults, and 
John M'Astor, Thomas M'Astor, Patrick 
M'Astor, James O'Friel, James Lucas, Dan- 
iel Lucas, William Lucas and Susannah Co- 
ney, children, 221 43 
Weaver Sheffil, guardian to the Indians in Fall 
River, for goods furnished and services per- 
formed, from February 4, 1 834, to Septem- 
ber, 1835, 59 00 
Wenham, for support of Sarah English, adult, 28 46 
West Bridgewater. for support of Thomas Quin- 



PAUPER ACCOUNTS. 347 

ley, and Hannah Parmer, adults, and funeral 

charges for Thomas Quinley, 19 73 

Westheld, for support of Aseenath Lane, Hep- 
zibah Brewer, Betsey Rose, Eliaser Harris, 
Esther Barry, Tyler Watson, Eunice French, 
Merritt Blakesley and John N. Berry, adults, 
and George Dewey, Thomas J. Watson, 

Watson and Louis Baker, children, 

and funeral charges for Tyler Watson, Mer- 

rit Blakesley and John N. Berry, 265 92 

West Newbury, for support of Jonathan Ste- 
vens, and Sarah Hanson, adults, 25 52 

West Springfield, for support of Laura Chapin, 
Lois Shivoy, Hannah Shivoy, Elijah Randall, 
Mary Randall, Walter Collins, Brown Brooks, 
Mary Clarke, Mary M. Clarke and Jane 
Livingston, adults, and John Benedict, Le- 
ander G. Watson, children, and funeral char- 
ges for Hannah Shivoy and Walter Collings, 257 15 

Westport, for support of Mary Jennings, adult, 12 88 

Worcester, for support of Phillis Winslow, 
Prudence Glasgow, Jonas Brooks, William 
Reed, William Mulkey, Jeremiah Marigan, 
Rosanna Riley, Thomas Fletcher, Hugh 
Newry, Thomas Dalton, Samuel Huggles- 
ford, Thomas Morean, John Webb, John 
Splane, Betsey M'Kenney, Augustus Pot- 
ter, Betsey Prue, Benjamin Warner, Michael 
McGeyer, William Knox, James Graham, 
James Welch, Ann Welch, John Welch, Mary 
McKelluh and Peter Griffin, adults, and 
George Marsh, Thomas Murphy, John Mur- 
phy, Catharine Murphy, Patrick Riley, James 
Welch, Jr., Michael, William H., Sarah J. 



348 PAUPER ACCOUNTS. 

and Mary AnnMcKelluh, children, and fune- 
ral charges for Michael McGeyer, 257 61 
Worcester County, for support of sundry pau- 
pers in the House of Correction, 69 23 
Whateley, for support of Jesse Jevvett, adult, 28 46 
Weymouth, for support of Phillis Peach, Eliz- 
abeth Lawlor, Sarah Ann Grover and 
William Grover, adults, and William, Charles, 
Elizabeth and Henry Lawlor and Patience 
Grover, children, 103 02 
West Stockbridge, for support of Sally Barton, 
Lucy Lane, Lucretia Bellamy, Nathan H. 
Halsey, Samuel Bell, John Williams, Sally 
Williams, Harriet Williams, Samuel Reed, 
Mary Reed, Nicholas Cane, Emeline Cane, 
adults, and Jane Reed, Lucinda Reed, Hen- 
ry W. Rodgers, Horatio Williams, Chancel- 
lor Williams, Washington Williams, Eliza 
Ann, Frederick, Martha and Sally M. Reed, 
Charles H. Lyon, Julia, George and Charles 
Cane, children, 180 15 
Wilbraham, for support of John Amidon, Alice 
Dodge, Mary Walker, Eunice Davis, Rod- 
ney Greenwood, Jlobert Tufts, Abigail Web- 
ber and Orlando Wood, adults, and funeral 
charges for Peter Niles and Betsey Niles, 216 57 
Williamstown, for support of John Hendersas, 
Lydia Barry, Mango Barry, Rachel Galusha, 
Silvia Harrington, Benjamin Sherman, Asa- 
hel Foote, and Charles Wilkins, adults, and 
Ethan Barry, Abel Barry, Ann L. Foote, 
Harriet Foote, Seymour Foote, Laura Foote 
and William Foote, children, and funeral 
charges for Harriet Foote, 204 14 



PAUPER ACCOUNTS. 



349 



Williamsburgh, for support of James Turner, 
and Theodosius Turner, adults, 

Windsor, for suport of Rhoda Barnes, adult, 

Yarmouth, for support of Black Let, and Isai- 
ah Jester, adults, and Cornelia Ann Peters, 
and William F. Peters, children, 

Southbridgc, for support of Joseph B. Adams, 
sick of small po\, and for his funeral charges, 

Nantucket, forsupport of John Pierce, Spunyarn 
Coftin, William Anderson, Anthony Suasey, 
Thomas Mackrel, Phillis Painter, Chloe Gol- 
den, Matthew Smith, Sophia Beebe, William 
Hutchins, and John Nelson, adults, 

Butler, Samuel C, Guardian of the Dudley In- 
dians, for supplies furnished the Dudley In- 
dians, 

Webster, for support of Sarah Wilson, in the 
Lunatic Hospital from April 21 to Novem- 
ber 30th, 1834, 



45 1 


00 


28 


46 


48 


38 


79 


50 



215 42 



13 i 82 



39 60 



Aggregate of Pauper Accounts, 



^41420 87 



CHAP. XXIIi. 



Resolve authorizing the Payment of certain Pauper 

Accounts. 

March 11, 1836. 



Resolved, That there be allowed and paid out of the 
public treasury to the several corporations and persons 
45 



350 MILITARY ACCOUNTS. 

mentioned in the foregoing Roll, the sums set against 
their names respectively, amounting in the whole to the 
sum of forty-one thousand four hundred and twenty dol- 
lars and eighty-seven cents, the same being in full dis- 
charge of the accounts and demands to which they refer, 
and that a warrant be drawn accordingly. 



CHAP. XXIV. 

Resolve authorizing the payment of certain Military 

Accotmts. 

March 11, 1836. 

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 two thousand one hundred and 
twenty-eight dollars and ten cents, the same being in full 
discharge of the accounts and demands to which they re- 
fer, and that a warrant be drawn therefor. 



MILITARY ACCOUNTS. 



351 



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352 



MILITARY ACCOUNTS. 



GO 
CO 



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s 




s 


, 




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«u 





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Ci iph Q irt 

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to" od" k 
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in irj 

J- C = j= ^ S J2 

w CO ce ~ ~ K - 
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3 

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£ 


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w 

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t'i 

2 ^ .=£•£. -S .ii 
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u bo 

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ca 



MILITARY ACCOUNTS. 



353 



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GO 
CO 









C2 






o 
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r^ 



SO 





O 


coo 


O 




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o o o 




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Tj< o 


o 




O 


o 


oo 


o oo 




O r^ o o 


o 
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m in 


t^ 




O) 


OJ 


CT CT 


CO Ci CT 




CT >C CT CT 


1—1 


1-1 IM 


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1—1 1—1 


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oT 






















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tn 




to 


tfi 


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a^ Uj tn 




»j ». (fj CO 


ff 


jn 


CO SZ 


^ 




J 


r^ 


-^ ~ 


^ ^ ^ 




j= -= J= -= 






rH ^ 


















'^ 


rr 




r^ 




c 


s 


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c = s 




« C « — 




O 


d O 


O 




o 


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o o 


o o o 




o o o o 




£ 


H a 


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S 


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CO 


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CO 




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CO 




CO 


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CO r^CO 




3 coco 3 


00 


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1— ( 




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00 OO 


u, 


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1—1 1— 1 




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lis 




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a 
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0^ & 

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a 


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1— 1 


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cB --i 






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^_j 




s 
























bo 


I-HWCO 


scti-H 5 


OJ 


t 


>-ICTC^ 


?f- 


rtCTCC 


iac 3 


rHCT CO S S 3 


tf 




a) cd 




cd 




a> 




v 




cd 




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Pi 




Pi 




P5 


1 
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I— I 3 :: 


3 3 (N S 


s 


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354 



MILITARY ACCOUNTS. 





oo 


o 


CO COO 


O 


ooooo 


o 


O OO 


c 

3 


lO o 


o 


i-H cow 


^~ 


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o 


o o o 


irt (M 


c\? 


■<*■<* (M 


"*! 


c};>} amci 


CO 


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< 


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I— 1 1— 1 1— 1 ^ I-* 


^ 


I— 1 rH I— 1 




op ' 


• 


TO >i >» 


oT 






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tl. 5S .-5 


>» 




Cw 


• • • 




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^ 


cs "c -a 


c: 


^ ^ ^ ^ 


^ 


"^ ♦» 


g 


io 2 


03 


rp 1— 1 'I 


-a 

CO 


02 !fi t/J 52 m 




2 - '- 




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c 






c — ^ -- s 




c c c 




o o 


o 


6 6 6 


d 


c c c - o 


d 


o o o 




£ S 


c 


£ £ S 


£ 


£ = £ £ £ 


c 


£ £ £ 




IC(M 


CJ 


'S' -* (M 


■^ 


(N Of O* S^J C^J 


Ol 


a (MO? 










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„ „ ^ « ^ 


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CO 


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CXD "■ 


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1-^ 1—1 


00 


CO ^ 


o 


1-^ 




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F-^ 


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1 i 




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£ 

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= 33 


1— i^sa e33— >-i 


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U 


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a 


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< 1-^ 


M 


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w <-> 




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bOrHCTct 


Tf* IT. 


M)3 3 3 


f-iOJ CO 


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rH OJ CO ■<* W33 rH 


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p:i 




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n 


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MILITARY ACCOUNTS. 



355 



o 



CO 



o 







coocoooor^o 


O 


o o 


o<r> o o 


CO oco 







c 


(T' O i^ o o :;;*>. —1 


O 


o o 


o o o o 


"-C CO 







i 
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■<* OJ Si lO (M C^ O lO 


(?? 


no 'M 


00 1^ i. 


o> 


CT U0O»CT (TJ £^ 


CM 






f~1 


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m ' m ' ' • i»r „ 


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tn -. CO »j « -^ 


Oi 




g 


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~ -S 


"£ "S 


^ 


^ Ci - — - ^ 
■:=-. — — — CM 


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T— i.^C^.--__^"CO 














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c 


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c = 


c 


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s 






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o 


o o 


c o 





c 









SSES55SS 


s 


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£ = 


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no OJ 


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CM »0 OJ 0> CM l>. 


CM 






Mrt„rt— .r-,-H— , 




1—1 T— 1 




T— 1 


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^^ 






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00 . cogg 


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00 QO 


in 

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^ 


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rx 




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mo"^ 'Tf in 00 CO 


lO 


SI ^ 


Tl< 


10 


LO 




g 


CO TZ-^n 07) ^ 1-Hi— 1 


CO 


coco 


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CO 


3 ^CO 3 3 CO 


CO 




•^ 


T-H 00 oo GO 00 „ „ 


00 


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"00 2 


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a 

ca 










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u 
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rd Ames, 
Bryant, . 
n King, . 
er Stetson, 
W. Prouty, 
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n Gray, Jr. pr 
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.a 
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s „ 

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H. A. Collins, 
C. Howe, 
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fa 


son Bixby, 
im Edwards, 
Sawyer, 
en W. Nororo 
ew F. Woods 
El arris. 


a 


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356 



MILITARY ACCOUNTS. 









knot 17^ CI c» 



000 
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o o 
£ S 



GOTO - 
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s 
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M 




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MILITAIIY ACCOUNTS. 



357 



0000000000»0»QO 
OOOOOOOOO— >(M(^{0 

CJ O CO C* O O O CO CO '^ O '-O o 



o o 
o o 

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46 



358 



MILITARY ACCOUNTS. 





ooo 


o o 


»« o 


o o o o 


ifi 


c 

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o 


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oo 


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n<»o 


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MILITARY ACCOUNTS. 359 

Special Services. 

George Folsom, for expenses, &c. of holding 
Investigation of a military election at Pax- 
ton, on the 14th January, 1835, by order of 
the Governor, ;^10 00 

George Folsom, for services in holding an In- 
vestigation in the case of Charles A. Allen, 
chosen captain in 3d regiment, 1st brigade, 
6th division, at New Braintree, in July, 1835, 
in compliance with General Order, 12 00 

George Folsom, for services in holding an In- 
vestigation in the case of Amos A. Lesure, 
chosen captain of Infantry in Monson, in 
July, 1835, in compliance with General Or- 
der, 12 00 



$S^ 00 



Adjutant General's Office, Boston, March — , 1836. 
I hereby certify, that the above services were performed 
by order of the Commander in Chief. 

H. A. S. DEARBORN, 
Adjutant and Acting Q. M. General. 



360 



MILITARY ACCOUNTS. 



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362 SUSANNA WILDER. 



CHAP. XXV. 

Resolve concerning the Accounts of the Land Agent. 

March 14, 1836. 

Resolved, That George W. Coffin, Land Agent of the 
Commonwealth, be and he is hereby discharged from the 
payment of three hundred and forty-three thousand four 
hundred and sixty-five dollars and ninety-nine cents, 
(;^343,465 99) the receipt of which is acknowledged in 
his accounts with the Commonwealth, for the year ending 
the 27th day of January, 1836, and that he be allowed to 
carry the balance, amounting to eight hundred and twen- 
ty-one dollars and seventy-nine cents, (;^821 79) in his 
hands, to the credit of the Commonwealth, in new ac- 
count. 



CHAP. XXVI. 

Resolve on the Petition of Susanna Wilder. 

March 14, 1836. 

Resolved, For the reasons set forth in said petition, 
that Joseph Adams and Silas W. Adams, administrators 
of the estate of Asa Adams, late of Shutesbury, in the 
county of Franklin, deceased, are hereby authorized to 
execute and deliver to the said Susanna, a sufficient deed 



NORTHEASTERN TERRITORY. 363 

to reconvey to her and her heirs and assigns all that es- 
tate, situated in Amherst, in the county of Hampshire, 
which was conveyed by her to the said deceased, in trust, 
on the seventeenth day of January, in the year of our 
Lord one thousand eight hundred and twenty, and which 
has not been conveyed by the said Asa, or by his admin- 
istrators, in the execution of said trust ; and thereby dis- 
charge themselves from all further duty or liability in 
relation to said trust estate. Provided^ however, that the 
said administrators shall first render to the said Susanna 
a true account of the doings, receipts and disbursements 
of themselves and their intestate, in the execution of said 
trust, and shall make such settlement thereof with her as 
shall be approved by the Judge of Probate for the county 
of Hampshire. 



CHAP. XXVH. 

Resolves concerning the Northeastern Territory of the 
United States, claimed by Great Britain. 

March 14, 1836. 

Whereas, a large tract of the Northeastern Territory 
of the United States, belonging in common to the States 
of Maine and Massachusetts, and lying within the limits 
of the former State, has for many years past, in conse- 
quence of a claim of Great Britain, been surrendered to 
the exclusive custody of the British government; and 
whereas, it appears from the report of a Committee ap- 
pointed by the last Legislature of this Commonwealth, to 
make personal examination into the state of our public 



364 NORTHEASTERN TERRITORY. 

lands, that great inconveniences and gross abuses have 
resulted from so valuable a portion of our domain being 
left in the keeping of agents over vv^hom we have no con- 
trol ; therefore, 

Resolved by the Senate and House of Representatives, 
in General Court assembled, That, in the opinion of this 
Legislature, it is due to the rights and interests of Maine 
and Massachusetts, that measures should be taken by the 
Executive of the United States to secure a speedy settle- 
ment of this long protracted controversy, so that these 
States may be reinstated in the enjoyment of that proper- 
ty, which was so long in their undisputed possession, and 
which is so indisputably theirs. 

Resolved, That, in case there be a prospect of further 
imavoidable delay in the settlement of this controversy, it 
is essential to the ends of justice that measures should be 
taken by the executive of the United States, to obtain a 
representation of the interests and rights of Maine and 
Massachusetts in the agency and guardianship of the ter- 
ritory in question. 

Resolved, That His Excellency the Governor is hereby 
requested to transmit a copy of these resolutions to the 
Executive of the United States, to our Senators and 
Representatives in Congress, and to the Governor of the 
State of Maine. 



ELIZABETH WHEELER. 365 



CHAP. XXVHL 

A Resolve concerning certain Records of the Comynon-' 

wealth. 

March 14, 1836. 

Resolved^ That his Excellency the Governor be au- 
thorized to take such measures, as he maj deem expedi- 
ent, to restore to the Archives of this Commonwealth 
such portions of the Records of the Executive Council, or 
of any other branch of the Government of the Colony and 
Province of Massachusetts Bay, as may now be missing, 
and that he be authorized, by and with the advice and 
consent of the Council, to draw his warrants on the 
Treasury to defray the expense thereof. 



CHAP. XXIX. 

Resolve on the Petition of Elizabeth Wheeler, 

March 14, 1836. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Elizabeth Wheeler, 
the sum of fifty dollars, in full for services rendered by 
her late husband, Russell Wheeler, in the Revolutionary 
War, and that a warrant be drawn therefor accordingly. 

47 



366 LANDS IN MAINE, 



CHAP. XXX. 

Resolve on the Petition of the Selectmen and Overseers of 
the District of Marshpee, 

March 14, 1S3G. 

Resolved, For reasons set forth in said Petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth, to Charles Marstnn, Commissioner of 
the District of Marshpee, the sum of seventy-seven dol- 
lars, in full for expenses paid by said District, on account 
of Mary Broddy, and that a warrant be drawn accord- 
ingly- 



C[IAP. XXXI. 



Resolve relating to a Geological Survey of the Common- 
wealtJih Lands in Maine. 

March 21, I83G. 

Resolved, That the Governor, with the advice of the 
Council, is hereby authorized to employ some suitable 
person or persons, to make a Geological Survey of any 
lands in Maine, where such survey together with the 
various observations, which the surveyors will have op- 
portunity to make, will probably lead to a more accurate 
knowledge of the worth of the public domain. 

Resolved, That the Governor and Council may, if they 



COUNTY TAXES. 367 

deem it expedient, advise and co-operate witii the gov- 
ernment of the state of Maine in rehition to such survey. 
Resolved, That His ExceMoncy the Governor, may 
draw his warrant, for whatever expense shall be incur- 
red, in the accomplisliment of the survey recommended 
in tlie two preceding Resolves. 



CHAP. XXXII. 

A Resolve granting 7\ixes for the several Counties, 
March 23, 1 836. 

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 tlie sums placed against the names of 
the several counties in the following schedule are hereby 
granted as a tax for each county respectively, to be ap- 
portioned, assessed, paid, collected and applied for thiB 
purposes aforesaid, according to law, viz: county of Bris- 
tol, eighteen thousand dollars; county of Essex, eighteen 
thousand dollars; county of Plymouth, ten thousand five 
hundred dollars; county of Norfolk, thirteen thousand dol- 
lars ; county of Worcester, sixteen thousand dollars ; 
county of Barnstable, six thousand dollars ; county of 
Middlesex, twenty thousand dollars ; county of Berk- 
shire, twelve thousand dollars ; county of Hampshire, 



368 TOWN OF BRIGHTON. 

five thousand dollars ; county of Franklin, eight thousand 
dollars; county of Hampden, seven thousand dollars; 
county of Dukes' County, nine hundred and fifty dollars. 



CHAP. XXXHI. 

Resolve on the Petition of Daniel Richardson, 

March 23, 1836. 

Resolved^ For the reasons set forth in the petition, that 
Daniel Richardson, administrator of the estate of Reuhen 
Coburn, late of Tyngsborough, in the county of Middle- 
sex, deceased, is hereby authorized to make, and file in 
the Probate Court of said county, an affidavit to j)erpetuate 
evidence of the sale of certain real estate made by him to 
Ward Coburn, on the nineteenth day of April, in the year 
eighteen hundred and thirty-four; and that the same shall 
be as eifectual to all intents and purposes, as though such 
affidavit had been made and filed within the term pre- 
scribed by law. 



CHAP. XXXIV. 

Resolve in favor of the Town of Brighton. 

March 23, 1836. 

Resolved, For the reasons set forth in the petition of 
the town of Brighton, that said town is hereby authorized 



LEVI FARWELL. 369 

to sell and convey a certain piece of land, containing about 
four hundred and thirty-seven feet,, situated near the 
meeting-house of the first parish in said Brighton, bound- 
ed westerly by land formerly of John Fessenden, twenty- 
five feet; northerly by land formerly of Daniel Dana, 
fifteen feet ; easterly by land foruierly of said Dana, 
twenty-two feet ; southerly by the couuty road, twenty- 
three feet ; being the same conveyed by said Dana to 
that part of the town of Cambridge now the town of 
Brighton, for the purpose of a school lot, by deed dated 
the nineteenth day of February, seventeen hundred and 
twenty-two, and that the proceeds thereof may be in- 
vested in other land or buildings for school purposes; and 
the deed of said town of Brighton shall convey the said 
land as fully as though the deed of said land from said 
Dana had in no way limited the use thereof. 



CHAP. XXXV. 

Resolve on the Petition of Levi Farwell. 
March 23, 1836. 

On the Petition of Levi Farwell of Cambridge, guar- 
dian of Mary Ann Mixer, and Caroline Esther Mixer mi- 
nors, children of Josiah Mixer, late of Cambridge, in 
the county of Middlesex, merchant, deceased : 

Resolved, for reasons set forth in said petition, that the 
said Levi Farwell is hereby authorized to sell, at public 
or private sale, as he may judge most for the interest of 
said minors, all their interest in the homestead estate of 
their late father, in said Cambridge, bounded northerly 



370 GRIFFIN CLARK. 

by Austin street ; easterly on a street leading from Aus- 
tin street to the Main street; southerly and westerly by 
land of Ebenezer Kimball, with the buildings thereon and 
all the privileges and appurtenances thereto belonging ; 
and to execute and deliver a sufficient deed thereof; and 
to invest the proceeds of such sale, either in whole or in 
part, in other real estate, or in stocks or other personal 
estate, properly secured, at his discretion : provided^ that 
the said guardian shall first give bond with sufficient sure- 
ties to the Judge of Probate for said county of Middle- 
sex, to the acceptance of the said Judge, conditioned 
that the said guardian shall faithfully, and according to 
his best judgment, execute the authority hereby conferred, 
and well and truly account for the proceeds of any sales 
which he may make by virtue of the same. 



CHAP. XXXVI. 

Resolve on the Petition of Griffin Clark. 

March 23, 1836. 

Resolved, For reasons set forth in the petition of Grif- 
fin Clark, of Douglas, in the County of Worcester, that 
there be allowed and paid to him the sum of seventy-five 
dollars, in full compensation for his services and disburse- 
ments in the pursuit and apprehension of Samuel Kin- 
nett, a fugitive from justice, and that His Excellency the 
Governor be authorized and requested to drawn his war- 
rant therefor. 



PUBLIC DOCUMENTS. 371 



CHAP. XXXVII. 

Resolve making an appropriation for the State hunatic 

Hospital. 

March 30, 1836. 

Resolved, That there be paid out of the treasury of 
the Commonwealth, from any monies not otherwise ap- 
propriated, a sum not exceeding eleven thousand dollars, 
to defray the current expenses of the State Lunatic Hos- 
pital, and to procure an aqueduct to be built for the use 
of the said Hospital, and that warrants be drawn therefor, 
from time to time, as the same may be required. 



CHAP. XXXVIII. 

A Resolve in relation to duplicates of certain books and 
public documents. 

March 31, 1836. 

Resolved, That in all cases in which the Secretary of 
the Commonwealth or the Librarian of the Legislature, 
now has or may hereafter receive for public use, two or 
more copies of any statutes, books of common law or 
public documents of the United States, or of any other 
state, there shall forthwith be deposited one of the said 
copies in the Law Library of Harvard University, to be 
^here kept, subject to the order of the Legislature. 



372 WILLIAM K. BARNARD. 

Resolved, That a Resolve passed on the second day of 
March, in the year one thousand eight hundred and thirty- 
five, entitled "A Resolve in favor of Harvard University,'' 
be and the same is hereby repealed. 



CHAP. XXXIX. 

Resolve on the Petition of Sarah P. Crowninshield. 

March 31, 1836. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to Sarah P. Crownin- 
shield, the sum of fifty dollars, in full for services render- 
ed by her late husband William Crowninshield in the 
Revolutionary war, and that a warrant be drawn therefor. 



CHAP. XL. 

Resolve for the payment of William K. Barnard. 

March 31, 1836. 

Resolved, That there be allowed and paid out of the 
public treasury to William K. Barnard, the sum of three 
hundred and fifty dollars, in full consideration for loss sus- 
tained by him in the purchase of certain lands, in the 
town of Addison, and state of Maine, sold by the Presi- 
dent and Fellows of Harvard College, in August last, 
and which had been previously sold through mistake by 
the Commonwealth ; and the Governor is hereby author- 
ized to draw his warrant accordingly. 



MESSAGE. 373 



CHAP. XLI. 



A Resolve authorizing the Agents of the South Parish in 
Harwich to sell Lands in Brewster. 

March 31, 1836. 

Resolved, That Obed Brooks and Marshal Underwood, 
Agents of the South Parish in Harwich, and their succes- 
sors in said office are hereby authorized to sell and con- 
vey all the lands of said parish, Ijing in the town of 
Brewster, and described in a resolve passed the fifteenth 
day of June, in the year one thousand eight hundred and 
twenty-one, in the manner and for the purposes in said 
resolve set forth : provided, that the said parish shall, at 
a meeting legally called for that purpose, determine that 
it is expedient that the said lands be sold as aforesaid. 



CHAP. XLII. 

To the Senate and 

House of Rejjresentatives. 

I transmit to the two houses for their information, the 
Report of the Engineer for the trigonometrical survey 
of the Commonwealth, relative to the progress made 
in that work, during the past year, together with his 
letter to the Secretary of State, covering an estimate 
of the expense requisite for the operations of the cur- 
48 



374 PUBLIC LANDS. 

rent year. These documents being sent in the original 
to the Senate, it is respectfully requested, that thay 
be communicated to the House of Representatives, and 
when the two houses shall have no farther use for them, 
that they be returned to this department, to be placed on 
jfile, with the other papers relative to the survey. 

EDWARD EVERETT. 

Council Chamber, April. 1, 1836. 



CHAP. XLin. 

Resolve relating to the fulfilling the conditions of the sale 
of the Public Lands. 

April 1, 1836. 

Whereas, the Commonwealth of Massachusetts made 
it a condition of all the conveyances of her Eastern Lands, 
previously to the separation of Maine, that the grantees 
should place upon their lands a certain number of fami- 
lies within a certain time, as specified in their respective 
deeds ; and whereas, the time within which this condi- 
tion must be fulfilled, as last extended by the Legislature, 
will expire on the first day of June next, therefore. 

Resolved, That the Land Agent of this Commonwealth 
be and he is hereby directed to give notice to the proprie- 
tors of all lands thus conveyed, and who are not known 
to have fulfilled this condition, by personal notification, 
where their names are known, and by publishing the 
same in two newspapers in Boston, in two newspapers in 
Portland, and in such other newspapers in the State of 



OLD COLONY LAWS. 375 

Maine as he may think expedient, that they must, on or 
before the first day of June next, transmit to said agent, 
a list of the number of settiers they have respectively 
placed on their lands, if any, and pay the sum of thirty 
dollars to said agent, for each and every family which 
shall then be deficient of the whole number which they 
are severally required bj^ their deeds from the Common- 
wealth to place thereon, or their lands will be declared 
forfeited to the Commonwealth. Provided^ hoivever, that 
they may have the further time of one year for the pay- 
ment of the commutation money, by giving bonds satis- 
factory to the agent. 



CHAP. XLIV. 

Resolve for puhlishing the Old Colony Laws. 

April 1, 1836. 

Resolved, That fifteen hundred copies of the Old Col- 
ony Laws be published for the use of the Commonwealth, 
and that the Secretary be directed to distribute the same, 
when published, in the same manner as the General Laws 
are now distributed, and that the Governor be authorized 
to appoint some suitable person to superintend the print- 
ing and publishing of the same. 



376 AMENDMENT OF THE CONSTITUTION. 



CHAP. XLV, 

Be solve on the Petition of Mary White . 

April 1, 1836. 

Resolved, That there he allowed and paid out of the 
treasury of this Commonwealth to Mary White, the sum 
of fifty dollars, in full for services rendered by her late 
husband, Levi White, in the war of the revolution, and 
that a warrant be drawn accordingly. 



CHAP. XLVI. 



Resolve for submitting to the people a proposed Article of 
Amendment to the Constitution. 

April 1, 1836. 

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 
Journals of the two Houses, with the yeas and nays 
taken thereon, and also referred to the present General 
Court, and published, as by the Constitution is required; 
and the same proposed amendment having been agreed 



AMENDMENT OF THE CONSTITUTION. 377 

to by a majority of the Senators, and two-tliirds 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 tliat 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. 

" In order to provide for a representation of the citi- 
zens of this Commonwealth, founded upon the princi- 
ples of equality, a census of the ratable polls in each 
city, town and district of the Commonwealth, on the 
first day of May, shall be taken, and returned into the 
Secretary's office, in such manner as the legislature shall 
provide, within the month of May, in the year of our 
Lord one thousand eight hundred and thirty-seven, and 
in every tenth year thereafter, in the month of May, in 
manner aforesaid : and each town or city having three 
hundred ratable polls at the last preceding decennial cen- 
sus of polls, may elect one representative, and for every 
four hundred and fifty ratable polls, in addition to the 
first three hundred, one representative more." 

" Any town having less than three hundred ratable 
polls shall be represented thus : the whole number of 
ratable polls, at the last preceding decennial census of 
polls, shall be multiplied by ten, and the product divided 
by three hundred ; and such town may elect one repre- 
sentative as many years within ten years, as three hun- 
dred is contained in the product aforesaid." 

" Any city or town, having ratable polls enough to 



378 AMENDMENT OF THE CONSTITUTION. 

elect one or more representatives, with any number of 
polls beyond the necessary number, may be represented 
as to that surplus number by multiplying such surj)lus 
mimber by ten, and dividing the product by four hundred 
and fifty ; and such city or town may elect one addition- 
al representative as many years, within the ten years, 
as four hundred and fifty is contained in the product afore- 
said." 

'* Any two or more of the several towns and districts 
may, by consent of a majority of the legal voters pres- 
ent at a legal meeting in each of said towns and dis- 
tricts respectively called for that ])urpose, and held pre- 
vious to the first day of July, in the year in which the 
decennial census of polls shall be taken, form themselves 
into a representative district, to continue until the next 
decennial census of polls, for the election of a represen- 
tative or representatives ; and such district shall have 
all the rights, in regard to representation, which would 
belong to a town containing the same number of ratable 
polls." 

" The Governor and Council shall ascertain and de- 
termine, within the months of July and August, in the 
year of our Lord one thousand eight hundred and thirty- 
seven, according to the foregoing principles, the number 
of representatives which each city, town and representa- 
tive district is entitled to elect, and the number of years, 
within the period of ten years then next ensuing, that 
each city, town and representative district, may elect an 
additional representative : and where any town has not a 
sufficient number of polls to elect a representative each 
year, then, how many years within the ten years, such 
town may elect a representative : and the same shall be 
done once in ten years thereafter by the Governor and 
Council, and the number of ratable polls in each decen- 



AMENDMENT OF THE CONSTITUTION. 379 

nial census of polls, shall determine the number of rep- 
resentatives which each city, town and representative 
district may elect as aforesaid ; and when the number of 
representatives to be elected by each city, town or repre- 
sentative district is ascertained and determined as afore- 
said, the Governor shall cause the same to be published 
forthwith for the information of the people, and that num- 
ber shall remain fixed and unalterable for the period of 
ten years." 

" All the provisions of the existing constitution incon- 
sistent with the provisions herein contained, are hereby 
wholly annulled." 

Resolved^ That the people shall be assembled for the 
purpose aforesaid, in the city of Boston, and the several 
towns and districts of this Commonwealth respectively, 
in meetings to be legally warned and held on 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 Representatives, 
and shall, in open meeting, receive, sort, count and de- 
clare, the votes of the inhabitants for and against the said 
article of amendment : and the said votes shall be re- 
corded by the clerks of said city, towns and districts, and 
true returns thereof shall be made out, under the hands 
of the Pdayor and Aldermen of the city of Boston, and 
of the Selectmen, or the major part of them, and of the 
clerk of the said towns and districts respectively : and the 
said returns shall be sealed up in open town meeting, and 
delivered to the Sheriff of the county within eight days 
after the said meetings, to be by him transmitted to the 
office of the Secretary of the Commonwealth, on or be- 



380 FRANCIS GEORGE FITCH. 

fore the first Wednesday of January next, or the said 
Mayor and Aldermen, and Selectmen respectively, shall 
themselves transmit the same to the said office, on or be- 
fore 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. XLVII. 

Resolve for the support of Francis George Fitch at the 
American Asylum at Hartford. 

April 4, 1836. 

Resolved, That Francis George Fitch, of Lancaster, in 
the County of Worcester, be placed upon the list of per- 
sons to be supported at the American Asylum for the 
Education of the Deaf and Dumb at Hartford, at the 
expense of this Commmonwealth, from and after the first 
day of May next, agreeably to the provisions of the re- 
solves heretofore passed in relation to State beneficiaries. 



MESSAGE. 381 



CHAP. XLVHI. 

To the Senate and 

House of Representatives, 

I transmit, to the two houses copies of a letter received 
from His Excellency the Governor of Pennsjlvania, ac- 
companying Resolutions of the Legislature of that State, 
on the subject of the distribution of the proceeds of the 
sale of the Public Lands of the United States, and of a 
liberal and judicious expenditure of public money for the 
completion and construction of fortifications for the com- 
mon defence. 

The attention of the Legislature was respectfully in- 
vited to each of these subjects, in its connexion with the 
interests of Massachusetts, in my communication to the 
two houses of the 15th of January. Having, in the re- 
marks which I then had the honor to submit, assumed as 
a safe basis of calculation the Report of the Secretary of 
the Treasury, made to Congress at the commencement of 
the present session, from the data then existing, as to the 
amount of the sales of the Public Lands for the years 
1835 and 1836, I deem it my duty to state, that the sales 
for the last quarter of 1835 are understood considerably 
to have exceeded the anticipations then formed, and that, 
judging from the returris which have been received for 
the year 1836, there is reason to think that the sales for 
the present year will very greatly exceed even the unpre- 
cedented amount of 1835 ; that they will, in fact, produce 
a sum nearly if not quite equal to the entire amount of 
the revenue accruing from all other soucres. The expe- 
49 



382 REVISED STATUTES. 

diency of restoring this vast excess of the public funds to 
the channels of circulation, — both by way of averting the 
risks to which it is liable while lying unemployed in the 
places of deposite, and of relieving the commiuiity from 
the suffering which must be produced by withholding so 
large a sum from the uses of commercial intercourse, is 
too obvious to need illustration. 

I take this opportunity to invite the attention of the 
two houses to the Resolutions of 3d April, 1835, reviving 
the agency for the Massachusetts Claim. The terms of 
these Resolutions appear to vest no power whatever in 
the present Executive, and if it is the pleasure of the 
Legislature, that the services hitherto rendered by the 
agent, and which are deemed of an entirely satisfacto- 
ry character, should be continued so long as may be 
thought expedient, it is necessary that a provision to that 
effect should be made by the two houses. 

I also transmit, for the information of the Legislature, 
copies of communications severally received from their 
Excellencies the Governors of the States of Maine, Ohio, 
Kentucky and Mississippi, on the subject of slavery, &c. 

EDWARD EVERETT. 

Council Chamber, April 6, 1836. 



CHAP. XLIX. 

Resolve for the further distribution of the Revised Statutes. 
Aprils, 1836. 
Resolved, That His Excellency the Governor be au- 



WILLIAM RICHARDSON. 383 

thorized to cause, not exceeding fifty copies of the Revis- 
ed Statutes to bo suitably bound and lettered, and in the 
name of the Coiiimonvveahh to present the same to such 
governments, ])ublic libraries and institutions, as he 
shall think proper. 



CHAP L. 

Resolve on the Petition of William Richardson and others. 

April 6, 1836. 

Resolved, for the reasons set forth in their petition, 
that the deed of William Richardson, Thaddeus Rich- 
ardson, William Richardson Jr., yeomen, and Daniel G. 
Richardson, a minor, all of Woburn, in the county of Mid- 
dlesex, executed on the thirtieth day of July, eighteen 
hundred and thirty-five, whereby they conveyed to the 
Trustees of the Woburn Agricultural and Manufacturing 
Company, a certain parcel of land in said Woburn, containing 
about twenty acres, with a dwelling house, mill, shed, 
machinery and privileges thereto belonging, as set forth 
in said deed, duly recorded in the Registry of Deeds in said 
county. Book 344. Page 219, is hereby confirmed and 
rendered as valid and effectual in law and in equity, as 
though Daniel G. Richardson, one of said petitioners, 
had been of full age when he executed said deed : provi- 
ded, however, that said William Richardson, the father of 
said minor, shall, within sixty days from the passage of 
this Resolve, give bond to the Judge of Probate in said 
county, with sufficient sureties to the satisfaction of said 



584 BLANK SCHOOL RETURNS. 

judge, to account with said minor for the proceeds of his 
legal and equitable interest and portion of said estate 
in lilie manner as guardians are hoiden by law to account 
for the property of their wards. 



CHAP. LI. 

Resolve on the Petition of Reuben Albe. 

April 6, 1336. 

Resolved, That there be allowed and paid out of the trea- 
sury of this Commonwealth, to Reuben Albe, the sum of 
fifty dollars, in full for his services rendered in the revo- 
lutionary war, and that a warrant be drawn therefor. 



CHAP. LI I. 

Resohe relating to Blank School Returns. 

April 6, 1836. 

Resolved, That the Secretary of the Commonwealth 
be hereby instructed ro cause such directions to be affixed 
to the tabular form of the Blank School Returns, at the 
bottom of the several columns, and such explanatory 
notes to be appended to the several questions propounded, 
as shall in his oj)inion be best calculated to produce gen- 
eral uniformity in the returns of the several School Com- 
mittees : and that the Secretary be further instructed to 



STATE PRISON WHARF. 585 

cause such Blank School Returns to be distributed to the 
several towns on or before the first day of August in each 
year. 



CHAP. LHI. 

Resolve to pay certain expenses attending a Legislative ex- 
amination at the State Lunatic Hospital. 

April 6, 1836. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Festus Foster, James 
Draper, Philo Leach, John Safford and Frederick Robin- 
son, a Committee of the House of Representatives, the 
sum of five dollars and fifty cents each, in full for their 
expenses in visiting the State Lunatic Hospital, during 
the present session, in obedience to the direction of the 
House of Representatives ; and that there be further al- 
lowed and paid to Jonathan Dean, of Raynham, the sum 
of twelve dollars, in full for his travel and attendance as 
a witness before the above named Committee, and that a 
warrant or warrants be drawn accordingly. 



CHAP. LIV. 

Resolve in relation to the State Prison Wharf. 
April 9, 1836. 
Resolvedj That the Governor, with the advice and 



386 LAND IN BARRE. 

con^'ent of the Council, is hereby authorized to extend 
and fill up the Prison VVharf in Charh'stown, on the north- 
westerly side of Austin street, to such distance and in 
such manner as they shall deem nec(;sssary, and the Gov- 
ernor is hereby authorized to draw his warrant upon the 
treasury of this Commonwealth for any sum not exceed- 
ing three thousand dollars, to defray the expense thereof. 



CHAP. LV. 

Resolve for the sale of apiece of escheated Landin Barre. 

April 9, 1836. 

Resolved, That His Excellency the Governor, by and 
with the consent of the Council, be authorized to ap- 
point some suitable person, to make sale of lands sit- 
uated in the town of Barre, in the County of ^Vorces- 
ter, formerly occupied by one Moider Hillhouse, and re- 
cently by Samuel Jones, as soon as the Commonwealth 
shall become seized of said lands, and the person thus 
appointed is hereby authorized to make and execute the 
proper instruments of conveyance, and shall be held forth- 
with to return the proceeds of such sale into the treasury 
of the Commonwealth. 



MARY HAIR. 387 



CHAP. LVI. 

Resolve on the Petitions of Timothy P. Wliitney. 

April 9, 1836. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth to Timothy P. Whitney, 
the sum of seventy-five dollars, in lull for services ren- 
dered aud expenses incurred, in pursuing and arresting 
one John Wade, a fugitive from justice, charged with the 
crimes of arson and forgery, and that a warrant be drawn 
therefor. 



CHAP. LVH. 

Resolve on the Petition of Mary Hair. 

April 9, 1836. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Mary Hair, the sum 
of fifty dollars, in full for services rendered by her late 
husband, Robert Hair, in the revolutionary war, and that 
a warrant be drawn accordingly. 



388 TREASURER TO INVEST MONEY. 



CHAP. LVIII. 

Resolve authorizing the Treasurer to receive and invest 

Money. 

April 9, 1836. 

Resolved, That the Treasurer and Receiver General of 
this Commonvvealih, with the consent of His Excellency 
the Governor, is hereby authorized and directed to re- 
ceive any sum or sums of money which may become due 
to this Commonwealth from the General Government, 
consequent to the distribution of any portion of the pub- 
lic revenue among the several States of the Union, and 
to loan the same to any of the Banks within the Com- 
monwealth, at any rate of interest not less than five per 
cent, per annum, payable semi-annually ; said loan to be 
repaid on the first day of April, one thousand eight hun- 
dred and thirty-seven, or at such time thereafter as the 
Legislature may direct. And such Banks shall issue cer- 
tificates therefor, in such form, and in such sums, as shall be 
directed by the said Treasurer and Receiver General. And 
any Bank receiving on loan any sum, as aforesaid, shall 
be allowed to reloan it in the same manner as if it formed 
a part of the capital stock of said Bank. 



JEREMIAH SMiril. 389 



CHAP. LIX. 

Resolve on the Petition of Jonathan Tobey. 

April 9, 1836. 

Resolved, That the Attorney General be directed to 
cause such proceedings to be had as will secure to the 
Commonwealth its rights in certain lands, situated in the 
towns of Freetown, New Bedford and Fairhaveo, in the 
County of Bristol, referred to in a resolve passed the 
fourteenth day of February, in the year one thousand 
eight hundred and twenty-eight. 



CHAP. LX. 

Resolve on the Petition of Jeremiah Smith. 

April 9, 1836. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Jeremiah Smith, the 
sum of fifty dollars in full for services performed by him, 
in the War of the Revolution, and that a warrant be 
drawn therefor. 

50 



390 BOSTON HARBOR. 



CHAP. LXI. 

Resolve on the Petition of Nathaniel Cowdry and others. 

April 9, 1836. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Nathaniel Cowdry, 
William Emerson, and the widow of Elias Emerson the 
sum of fifty dollars each, in full compensation for ser- 
vices rendered, and losses sustained by the said Nathan- 
iel, William and Elias, in the Penobscot expedition, dur- 
ing the year one thousand seven hundred and seventy- 
nine, and that warrants be drawn accordingly. 



CHAP. LXH. 

Resolve in relation to a Survey of Boston Harbor. 

April 9, 1836. 

Resolved, That the Commissioners appointed to survey 
the Harbor of Boston, under a Resolve passed on the 
fifth day of March in the year one thousand eight hun- 
dred and thirty-five, be authorized and directed to survey 
the flats in said Harbor belonging to the Commonwealth, 
and which are comprised between Boston South Bridge 
and the Dam of the Boston and Roxbury Mill Corpora- 
tion ; and to delineate the same upon a map or maps and 



PAUPER ACCOUNTS. 391 

note thereon, so far as can be ascertained, the owner or 
owners of flats adjoining or contiguous to the flats of 
said Commonwealth, and report their doings, with the 
survey of said harbor, to the Governor and Council. 



PAUPER ACCOUNTS. 

As audited by the Committee of Accounts — all which are 
to January 1, 1836. 

Greenwich, for support of Nelson Shepherd, adult, and 

funeral charges, for Nelson Shepherd, 7 94 

Lunenburg, for support of Jane Mitchel, adult, 11 90 



CHAP. LXIII. 



Resolve authorizing the payment of certain Pauper Ac- 
counts. 

April 11, 1836. 

Resolved, That there be allowed and paid out of the 
public Treasury, to the several Corporations mentioned 
in the foregoing roll, the sums set against their names 
respectively, amounting in the whole, to the sum of nine- 
teen dollars and eighty-four cents, the same being in full 
discharge of the accounts and demands, to which they 
refer, and that a warrant be drawn accordingly. 



392 MILITARY ACCOUNTS. 



CHAP. LXIV. 



Resolve authorizing the payment of certain Military 

Accounts. 

April 11, 1836. 

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 two hundred and four dollars 
and one cent, the same being in full discharge of the ac- 
counts and demands to which they refer, and that a war- 
rant be drawn therefor. 



MILITARY ACCOUNTS— 2d ROLL. 

As audited by the Committee of Accounts. 

William C. Tyler, senior aid de camp to major 
general of 1st division, from Jan. 1, 1834, to 
Dec. 31, 1835, 27 17 

Orramel Tower, adjutant of 3d regiment, 1st 
brigade, 1st division, from .Jan. 1, 1834, to 
Dec. 31, 1834, 1.5 17 

Calvin W. Haven, adjutant of 3d regiment, 3d 
brigade, 1st division, from Jan. 1, 1834, to 
Dec. 31, 1835, 24 00 

Joseph T. Abbott, adjutant battalion of artillery, 
2d brigade, 2d division, from Oct. 9, 1834, 
to Dec. 31, 1835, 14 67 



MILITARY ACCOUNTS. 393 

William Tidd, adjutant of 2d regiment, 1st brig- 
ade, 3d division, from Jan. 1, 1834, to Oct. 
1, 1835, 21 00 

Ephraim Buck, Jr., adjutant pro tem. 5th regi- 
ment, 1st brigade, 3d division, from Jan. 1, 
1835, to Dec. 31, 1835, 12 00 

Horace Heard, adjutant of 1st regiment, 2d brig- 
ade, 3d division, from Jan. 1, 1835, to Dec. 
31, 1835, 12 00 

Theodore D. Billings, adjutant of 2d regiment, 
2d brigade, 4th division, from Jan. 1, 1835, 
to Dec. 31, 1835, 12 00 

Joseph Hale, adjutant 2d regiment, 3d brigade, 
5th division, from Jan. 1, 1835, to Dec. 31, 
1835, 12 00 

William Pearson, Plymouth artillery, for fur- 
nishing horses in 1835, at review and inspec- 
tion, ;$f24, experimental gunnery, ^5, 29 00 

NehemiahCutter,for special service, Sept. 1835, 15 00 

Joseph Butterfield, " " " 10 00 



Adjutant General's Office, Boston, April 6, 1836. 
I hereby certify, that I have examined the accounts re- 
ferred to in the foregoing roll, and that they are correctly 
vouched and cast. 

H. A. S. DEARBORN, 

Adjutant and Acting Q. M. General. 



394 MAHALA THAYER. 



CHAP. LXV. 

J Resolve for the support of Albert F. Barnard at the 
American Asylum at Hartford. 

April 12, 1836. 

Resolved, That Albert Folger Barnard, of Nantucket, 
be placed upon the list of persons to be supported at the 
American Asylum for the Education of the Deaf and 
Dumb at Hartford, at the expense of this Commonwealth, 
for the term of three years from and after the first day of 
April instant, agreeably to the provisions of the resolves 
heretofore passed in relation to State beneficiaries. 



CHAP LXVI. 

A Resolve for naming and supporting Mahala Thayer. 

April 13, 1836. 

Resolved, That the infant female child, born of Maha- 
la Dean, wife of Jonathan Dean of Raynham, at the 
State Lunatic Hospital in Worcester, on the thirty-first 
day of August, in the year one thousand eight hundred 
and thirty-five, be hereafter called and known by the 
name of Mahala Thayer, and that the Trustees of said 
hospital are hereby made, ex officiis, overseers of her, the 
said Mahala Thayer, with all the powers, in relation to 



ARTHUR FRENCH. 395 

her, which overseers of the poor possess in rela- 
tion to the pauper children of their respective towns, and 
shall provide for her maintenance and education, until 
she shall arrive at the age of eighteen years, unless be- 
fore that time she decease or marry, (in which case their 
powers shall cease) and the expenses of her support and 
education as aforesaid, shall be paid from the Treasury of 
the Commonwealth, semi-annually and the Governor is 
authorized to draw his warrant accordingly. 



CHAP. Lxvn. 

Resolve on the Petition of Arthur French. 
April 13, 1836. 

Resolved, for the reasons set forth in the petition of 
said French, that the powers, rights and privileges grant- 
ed to the Goodell Manufacturing Company, do, and shall 
still exist and continue in full force, and that all and sin- 
gular the acts and doings of the said corporation are here- 
by ratified and confirmed, and that the said French is 
hereby empowered to make sale on behalf of said corpo- 
ration of all and singular the real and personal estate, and 
property whatsoever belonging to said corporation, to such 
purchaser or purchasers upon such terms and conditions 
as he, the said French, shall deem best, and to make, ex- 
ecute and deliver, in the name of said corporation, and to 
affix the seal of the said corporation, with his own signa- 
ture, to such deeds as he shall think fit, to convey the 
estate and property aforesaid, or any and every part there- 



396 PUBLIC LANDS OF THE U. STATES. 

of to such purchaser or purchasers — and that such deeds 
or deed shall be valid in law to all intents and purposes 
whatsoever. Provided, however, that, before making any 
such sale or conveyance, the said French shall make and 
execute to the Judge of Probate, within and for the coun- 
ty of Suffolk, a bond with sufficient surety or sureties, 
with condition that said French shall pay and satisfy all 
and singular the debts, demands and liabilities existing 
against the said corporation. 



CHAP. LXVHL 

Resolves in relation to the Public Lands of the United 

States. 

April 13, 1836. 

Resolved by the Senate and House of Representatives, 
in General Court assembled, That this Legislature ap- 
proves of the principles of the bill now before Congress, 
for the distribution of the proceeds of the Public Lands 
of the United States anions: the several States of the 
Union, and that our Senators in Congress be instructed, 
and our Representatives requested, to use their exertions 
to procure the passage of that bill into a law. 

Resolved, That His Excellency the Governor be re- 
quested to transmit a co])y of these resolves to each of 
the Senators and Representatives of this Commonwealth 
in Congress. 



POLLY GREEN. 39* 



CHAP. LXIX. 

To the Senate and 

House of Representatives. 

The two Houses are respectfully informed, that the 
provisions of tlie Act of the 4th instant, authorizing a 
subscription for ten thousand shares in the capital stock 
of the Western Rail-road Corporation, have been duly 
accepted by that body.' The subscription having been 
made by the Treasurer of the Commonwealth, as author- 
ized by the Act, nothing remains, in order to complete 
the organization of the Corporation, but the election of 
three Directors on the part of the Commonwealth, by 
joint ballot of the two Houses. 

EDWARD EVERETT. 

Council Chamber, April 14, 1836. 



CHAP. LXX. 

Resolife on the Petition of Polly Green. 

April 14, 1836. 

Resolved, That said Polly Green is fully authorized to 

file in the office of the Probate Court for the County of 

Middlesex, her affidavit as administratrix of the estate of 

Robert Campbell, late of Townsend, of the place and 

51 



398 JOHN V. LOW. 

manner of giving notice of sale of real estate of said 
deceased, and that upon filing said affidavit, any deed of 
said land, by her heretofore given, pursuant to said sale, 
shall be thereupon confirmed and made effectual in law. 



CHAP LXXI. 

Resolve to pay for Fuel, and for other purposes. 

April 15, 1836. 

Resolved, That there be paid out of the Treasury to 
Renjamin Stevens, Sergeant at Arms to the General 
Court, the sum of eighteen hundred dollars, to enable 
him to purchase Fuel and other necessary articles for the 
use of the General Court, and the several public offices 
in the State House, and that a warrant be drawn ac- 
cordingly. 



CHAP. LXXII. 

Resolve in favor of John V. Low> 

April 15, 1836. 

Resolved, That there be allowed and paid out of the 
Treasury to John V. Low, Assistant Messenger to the 
Governor and Council, two dollars per day for each and 
every day he has been, or may be employed in that ca- 
pacity, during the present session of the General Court, 
and that a warrant be drawn accordingly. 



PAY OF CHAPLAINS. 399 



CHAP. LXXHI. 

Resolve on the Petition of Ansel Crocker. 
April 15, 1836. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Ansel Crocker, the 
sum of fifty dollars in full for services rendered by him 
in the Revolutionary War, and that a warrant be drawn 
therefor. 



CHAP. LXXIV, 

Resolve to pay the Chaplains. 

April 15, 1836. 

Resolved, That there be allowed, and paid out of the 
Treasury of this Commonwealth, to the Chaplain of the 
Senate, and to the Chaplains of the House of Represen- 
tatives, the sum of forty dollars each, and that warrants 
be drawn accordingly. 



400 SURVEY OF THE COMMONWEALTH, 



CHAP. LXXV. 

Resolve establishing the Salary of the Guardian of the 
Dudley Indians. 

April 16, 1836. 

Resolvedy That there be allowed and paid out of the 
Treasury of this Commonwealth, to the Guardian of the 
Dudley Indians, the sum of fifty dollars, annually, from 
and after the first day of May next, in full for his ser- 
vices in that office. 



CHAP. LXXVI. 



A Resolve making a further appropriation for the Survey 
of the Commonwealth. 

April 16, 1836. 

Resolved by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the 
same, That the sum of four thousand and three hundred 
dollars be appropriate d for continuing the Survey of the 
Commonwealth, agreeably to the Resolve, passed March 
the third, in the year one thousand eight hundred and 
thirty, and the Resolves in addition thereto, and tluit 
warrants be drawn upon the treasury therefor, from time 
to time, as the same shall be required. 



CLERKS OF THE LEGISLATURE. 401 



CHAP. LXXVH. 

Resolve in addition to a Resolve respecting a Codification 
of the Common Law. 

April 16, 1836. 

Resolved, That the Commissioners, appointed in pur- 
suance of the Resolve, to which this is in addition, be 
authorized to cause their report or reports to be printed. 



CHAP. LXXVIIL 

Resolve for the Pay of the Clerks of the Legislature. 

April 16, 1836. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the Clerk of the 
Senate and the Clerk of the House of Representatives, 
each, the sum of ten dollars per day, and to the Assistant 
Clerk of the Senate, the sum of six dollars per day, for 
each and every days' attendance they have been or may 
bo employed in that capacity, during the present session 
of the Legislature; and, that there be further paid to the 
Clerk of the Senate and to the Clerk of the House of 
Representatives, the sum of one hundred dollars each, 
for copying the Journals for the Library, as required by 
the orders of the two Houses, and that warrants be 
drawn accordingly. 



402 Q. MAS. GENERAL'S DEPARTMENT. 



CHAP. LXXIX. 

A Resolve authorizing the Governor to procure works on 
Internal Improvement. 

April 16, 1836. 

Resolved, That His Excellency the Governor be au- 
thorized to procure such reports, or other documents, re- 
lating to public works on internal improvements, carried 
on under the authority of the Government of the United 
States, or of either of the United States, as he may 
deem expedient : provided, that the expense of procuring 
them shall not exceed the sum of three hundred dollars, 
and to draw his warrant therefor accordingly. 



CHAP. LXXX. 

Resolve making an appropriation for the Quarter Master 
GeneraVs Department. 

April 16, 1836. 

Resolved, That the sum of two thousand five hundred 
dollars is hereby appropriated to defray the expenses of 
the Quarter Master General's department, and that the 
Governor, with the advice of Council, be requested to 
draw his warrant on the treasury for the same, for such 
sums, and at such times, as the service shall require, in 
favor of the Acting Quarter Master General, for the faith- 
ful application of which he is to be accountable. 



PUBLIC LANDS. 403 



CHAP. LXXXL 

Resolve on the Petition of Henry Blake. 

April 16, 1836. 

Resolved, That the Land Agent is hereby authorized, 
upon such terms as he shall deem for the interest of the 
Commonwealth, to release to the said petitioner all the 
right and interest of the Commonwealth in the land men- 
tioned in his said petition ; the said land consisting of 
two small parcels, containing in the whole about one acre 
and a quarter, and being the same which the Common- 
wealth formerly purchased of James Blake, by deed, 
dated the fifteenth day of June, in the year one thousand 
eight hundred and fifteen, reference thereto being had. 



CHAP. LXXXH. 

Resolve relating to the sale of Public Lands. 

April 16, 1836. 

Resolved, That the Land Agent is hereby empowered 
to sell several townships or tracts of land belonging to 
this Commonwealth, and situated in the State of Maine, 
on such terms as he may deem expedient, and to make 
good and sufficient deeds of the same : provided, how- 
ever, that the aggregate sales authorized by this resolve, 
shall not exceed six townships. 



404 MASSACHUSETTS CLAIM. 



CHAP. LXXXHI. 

Resolves in relation to the Fortifications in Boston Harbor. 
April 16, 1836. 

Resolved, That our Senators in Congress be instructed, 
and our Representatives requested, to use their exertions, 
to procure as early as practicable, the passage of a law, 
making a{)propriations for carrying on the works, com- 
menced for the defi;nce of Boston Harbor. 

Resolved, That His Excellency the Governor be re- 
quested to transmit a copy of these resolutions to each 
of our Senators and Representatives in Congress. 



CHAP. LXXXIV. 



A Resolve to continue the Agency for the Massachusetts 

Claim. 

April 16, 1836. 

Resolved, That the agency for the Massachusetts 
Claim, created by virtue of the Resolves of the third day 
of April, eighteen hundred and thirty-five, be continued, 
so long as may be deemed expedient by the Governor 
and Council, or until otherwise ordered by the Legisla- 
ture ; and that the Governor be authorized, by and with 
the advice and consent of the Council, to draw his war- 



REVOLUTIONAllY SERVICE. 405 

rants from time to time oji the Treasury, lor such sums as 
may be necessary to defray the expenses of the said 
agency, the same to be paid out of the unexpended bal- 
ance of the appropriation formerly made for this object. 



CHAP. LXXXV. 

Resolves relating to the evidence of Revolationary Services* 
April 16, 1836. 

Resolved, That the Secretary of State, is hereby au- 
thorized and directed to loan to the Secretary of War of 
the United States, all papers, books and documents of 
every kind, now under his care, which relate to the ser- 
vices of Soldiers in the Army of the Revolution, and 
which may be selected by said Secretary of War or his 
authorized agent, as being necessary and useful in carry- 
ing into effect the pension laws of the United States. 

Resolved, That as a condition of the loan above au- 
thorized, the United States government in receiving the 
same, will direct, that every reasonable precaution will be 
used to prevent the exposure of said papers to damage 
or destruction by fire or water, as well during the trans- 
mission of the same between Boston and Washinston, as 
in the manner of their deposit in t!ie latter city, and that 
said papers, books and documents, will all be returned to 
the possession of the Secretary of this Commonvvealth, 
together with all indexes, bindings, filings or other im- 
provements that may be made thereon, at any time such 
return may be directed by vote of the Legislature of this 
52 



406 TROY INDIANS. 

Commonwealth, after three years from the passage of 
these Resolves. 

Resolved, That the Secretary of State be directed to 
send a copy of these Resolutions to the Secretary of 
War at Washington and to inform him, that his letter 
stating his knowledge of these Resolutions, and request- 
ing the papers, books and documents alluded to therein 
to be delivered to any person he may designate ; will be 
all the formality required to put his agent in possession 
of the same. 



CHAP. LXXXVI. 

Resolve concerning the Troy Indians. 

April 16, 1836. 

Resolved, That whenever the office of Guardian of the 
Troy Indians shall become vacant, the Governor, with 
the advice and consent of the Council, may appoint some 
suitable person to fill the vacancy ; who shall be subject 
to the provisions of the Resolve passed June ninth, eigh- 
teen hundred and eighteen respecting the Troy Indians. 



WARREN BRIDGE. 407 



CHAP. LXXXVII. 

Resolve concerning Warren Bridge. 

April 16, 1836. 

Resolved, That the Governor, with advice of the Coun- 
cil, is hereby authorized to appoint an agent to take 
charge of Warren Bridge, from and after the first day of 
March last, whose duty it shall be to tend the draw, to 
light the bridge, and keep the same in good repair ; 
and the said agent shall annually, on the first day of 
January, lay before the Governor and Council for exami- 
nation and settlement, an accurate account of his doings, 
and of all moneys expended in the performance of his 
duties ; and the Governor and Council are authorized to 
allow said agent such compensation for his services as 
may be just and reasonable. And the Governor is here- 
by authorized to draw his warrant on the treasurer for 
such sums as may be required for the purposes aforemen- 
tioned : provided, however, that the same shall be exclu- 
sively taken from the fund which has accrued from the 
tolls of the said Warren Bridge. 



408 E13ENEZEH BREED. 



CHAP. LXXXVIII. 

Resolve on the Petition of Ebenezer Breed, surviving 
Trustee under a deed of trust, executed by Elisha T. 
Holmes to said Ebenezer Breed and Nathan Tufts, 
and of John Harris, Guardian to said Holmes. 

April 16, 1836. 

Resolved, For the reasons set forth in said petition, 
that Ebenezer Breed, in liis said capacity of surviving 
Trustee, is hereby empowered to sell and convey all the 
right, title and estate which he holds as surviving Trus- 
tee aforesaid, in and to a certain parcel of land situate 
on the Salem Turnpike, in Charlestown, with tlie build- 
ings thereon, the whole whereof is bounded and describ- 
ed as follows : easterly on land of the late Aaron Hardy, 
deceased, — this line runs twelve feet from the Salem 
Turnpike aforesaid, till it comes to the brick wall, where 
it juts to the westward eight inches, then runs tvventy- 
three feet through the middle of said brick wall, to a jut 
at the other end of said wall, then juts to the eastward 
eight inches, then runs sixty-four feet and four inches 
from the last mentioned jut, to the northern boundary, at 
land late of Aaron Putnam, deceased ; then turning, and 
bounding northerly on land late of said Putnam, thirty- 
eight feet ; then turning, and bounding westerly on land 
of said Ebenezer Breed, one hundred and three feet, to 
the Salem Turnpike aforesaid ; then turning, and bound- 
ing southerly on said turnpike, forty-eight feet, to the 
easterly boundary first mentioned. And by deed duly 



SAMUEL HUBBARD. 409 

executed, acknowledged and recorded, to convey the 
same to the purchaser or purchasers thereof, for a sum 
not less than sixty-five hundred dollars ; the said surviv- 
ing Trustee to hold the proceeds of said sale, under the 
trusts, and for the purposes in said deed of trust men- 
tioned and set forth, and for no other, and to invest the 
same in such manner as the Judge of Probate for the 
County of Middlesex shall approve. Provided, however, 
that previous to such sale, the said Ebenezer Breed shall 
file, in the office of the Judge of Probate for said County 
of Middlesex, the consent in writing to said sale, of the 
next of kin to said Elisha T. Holmes, who would be his 
heirs at law, should he now decease. 



CHAP. LXXXIX. 

Resolve on the Petition of Samuel Hubbard. 
April 16, 1836. 

Resolved, for the reasons set forth in the petition ot 
Samuel Hubbard, guardian of Thomas Hancock, of Boston, 
a person non compos mentis., that the said guardian or his 
successor be empowered to sell and convey on such terms, 
and for such prices, as said guardian or his successor shall 
deem expedient, and by public vendue or private sale, 
all the right, title and interest of the said Thomas, in and 
to a certain wood lot in Enfield, in the County of Hamp- 
shire, bounded northerly on Pelham line, westerly partly 
on land of Abraham Packard, Jr., southerly on land of 
Rufus Powers, and easterly on land of Marshall S. Jones, 
or however otherwise bounded ; also, in and to a certain 



410 BENJAMIN F. HALLET. 

piece of land in Southwick, in the County of Hampden, 
lately held in common with his brother, but now with 
Enos Foote, and to make and execute good and sufficient 
deed or deeds thereof, in fee simple, to the purchaser, 
his heirs and assigns : provided, that no deed shall be 
executed by said guardian or his successor, until he shall 
have given the bonds required by law to be given by 
guardians, on the sale of real estate belonging to their 
wards. 



CHAP. XC. 

Resolve on the Petition of Ruth Arnold. 
April 16, 1836. 

Resolved, for the reasons set forth in the said petition, 
that there be paid out of the treasury of this Common- 
wealth, to Ruth Arnold, widow of Joseph Arnold, the 
sum of fifty dollars ; and the Governor is authorized to 
draw his warrant therefor. 



CHAP. XCI. 

Resolve alloioing compensation for Papers furnished by 
Benjamin F. Hallet. 

April 16, 1836. 

Resolved, That the Treasurer of this Commonwealth 



AUDITED ACCOUNTS. 411 

be authorized and directed to audit and allow to Benja- 
min F. Hallet, the sum of ninety-two dollars and thirty- 
one cents for newspapers furnished by him to the Legis- 
lature at their fust session in the year eighteen hundred 
and thirty-five, or so much of said sum as he may be sat- 
isfied is justly due, any thing in an order of April eighth, 
eighteen hundred and thirty-five, to the contrary notwith- 
standing. 



CHAP. XCII. 

Resolve to pay Audited Accounts. 

April 16, 1836. 

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 six thousand one hundred and 
sixty-eight dollars and thirty-seven cents, the same being 
in full discharge of the accounts and demands to which 
they refer, and that a warrant be drawn therefor. 



ROLL OF ACCOUNTS 



Audited by the Treasurer of the Commomvealth, in com- 
pliance with an Order of the General Court, passed 
March 30th, 1836, reported April 15, 1836. 

SHERIFFS AND CORONERS. 

Lyman, Joseph, for returning votes, and distri- 
buting blanks, to Dec. 1, 1835, 17 20 



412 PRINTERS. 

Pease, Isaiah D., for returning votes, and dis- 
tributing blanks, to Dec. 31, 1835, 9 20 

Hinckley, E. M., for taking an inquisition to 

March 22d, 1836, 7 00 

Marshall, Luthfer, for taking an inquisition to 

March 18th, 1836, 10 04 

Shute, Ebenezer, for taking inquisitions, &c. to 

March 9th, 1836, 28 40 

Wilbur, Jonathan, for taking an inquisition No- 
vember 14th, 1834, 14 49 



^86 33 



PRINTERS. 



Adams & Hudson, for advertising, and for pa- 
pers to April 9th, 1836, 154 81 

Adams, J. Q,., for newspapers supplied to April 

8th, 1836, 11 48 

Atwell, Winthrop, for publishing the law^s of 

1835, 16 66 

Badger & Porter, for papers supplied to April 

9th, 1836, 161 88 

Barrett, George C, for papers supplied to April 

6th, 1836, 80 65 

Bazin, George W., for papers supplied to April 

9th, 1836, 15 00 

Beals and Greene, for advertising, and for pa- 
pers to April 9th, 1836, 235 76 

Bradford & Amesbury, for advertising, and for 

publishing the laws of 1835, 19 67 

Buckingham, Joseph T., for papers supplied to 

April 9th, 1836, 145 77 

Brewster, H. B., for papers supplied to April 

8th, 1836, 5 92 



PRINTERS. 413 

Clapp, William W., for advertising, and for pa- 
pers to April 9th, 1836, 266 22 

Condon, S;imuel, & Co., for papers supplied to 

April 9th, 1836, 48 46 

Davis, George T., for publishing the laws of 

1835, and advertising to June 23d, 1835, 19 91 

Devereux & Donahoe, for papers supplied to 

April 9th, 1836, 8 31 

Dutton & Wentworthj for papers supplied to 

April 9th, 1836, 16 86 

Earle, J. M., for advertising, and for publishing 

the laws of 1835, 25 67 

Farnsworth & Saiford, for papers supplied to 

April 9th, 1836, 4 85 

Ford, John, for papers supplied to April 9th. 1836, 149 66 

Goodrich, I. T., for advertising, and for publish- 
ing the laws of 1835, 24 16 

Hallett, Benjamin F., for advertising and for 

papers to April 9th, 1836, 240 91 

Haughton, Richard, for advertising, and for pa- 
pers to April 9th, 1836, 186 80 

Homer & Palmer, for papers supplied to April 

9th, 1836, 78 89 

Kingsbury, Benjamin, Jr., for papers supplied 

to April 9th, 1836, 17 54 

Kinnicut, S., for advertising, and for publishing 

the laws of 1835, 20 16 

Knowlton, S. C, for advertising, and for pub- 
lishing the laws of 1835, 25 66 

Lindsey, B., for advertising, and for publishing 

the laws of 1834 and 1835, S5 34 

Meserve & Rice, for papers supplied to April 

9th, 1836, 109 81 

53 



414 MISCELLANIES. 

Nichols, William, for papers supplied to April 

9th, 1836, 58 75 

Nichols, Thomas L., for papers supplied to 

April 9th, 1836, 25 45 

Palfray & Cook, for papers supplied to April 

9th, 1836, 1 50 

Porter, William S., for papers supplied to April 

6th, 1836, 25 96 

Pray, Isaac C, Jr., for papers supplied to April 

9th, 1836, 195 58 

Proprietors of the Daily Advertiser, for papers 

supplied to April 9th, 1836, 132 62 

Reed, David, for papers supplied to April 9th, 

1836, 56 35 

Willis, Nathaniel, for papers supplied to April 

9th, 1836, 72 84 

Wood, A. H., for papers supplied to November 

4th, 1835, 29 42 

Woodbury, Charles W., for advertising, and for 

papers to April 9th, 1836, 49 95 



;^2765 23 
MISCELLANIES. 

Bacon, Henry, Assistant to the Sergeant at 

Arms, to April 9, 1836, 200 00 

Burditt, James W., for stationary, &:c. supplied 
to April 1st, 1836, viz: 
For the Senate, ^ 86 11 

For the House of Representatives, &c. 791 57 
For the Council and Secretary, 197 34 

For the Attorney General, 13 84 

For the Land Office, 7 50 

For the Library, 54 13 

1150 49 



AGGREGATE. 415 

Cutting, Elijah W., Assistant to the Sergeant 

at Arms, to April 9, 1836, 202 00 

Hall, Milton, services as Messenger to the Sen- 
ate, to April 9, 1836, 202 00 

Loring, Josiah, for stationary, &c. furnished to 
the Secretary and Treasurer, to March 31st, 
1836, 172 88 

Leach, Matthias, for the services of his son as 

page to the Senate to April 9, 1836, 95 00 

Minott, John, Kec])er of Rainsford Island, his 

annual allowance for 1835, including wood, 104 44 

Murphy, David, Assistant to the Sergeant at 

Arms to April 9, 1836, 202 00 

Pitts, Sarah, for the services of her son, as page 
to the House of Representatives, to April 9th, 
1836, 95 00 

Stevens, Benjamin, Sergeant at Arms, for the 

balance of his account to April, 1836, 527 13 

Snelling, Enoch H., repairing lights, &c. to 

February 4th, 1836, 8 80 

Wheeler, John H., for carpenter's work, &:c. to 

April 2d, 1836, 351 13 

Wise, Isaac K., for twine furnished Secretary's 

Office to April 2d, 1836, 5 94 

^3316 81 



AGGREGATE. 



Sheriffs and Coroners, 

Printers, 

Miscellanies, 



86 


3S 


2765 


23 


3316 


81 



;^6168 37 



416 SPECIAL LAWS. 



CHAP XCIIL 

Jtesolve authorizing the Treasurer to convey certain Land, 

April 16, 1836. 

Resolved, That the Treasurer of the Commonwealth 
be directed to ascertain the Commonwealth's title to a 
piece of land, situate on Hancock Street, in Boston, 
measuring about sixty- six feet on said street, and about 
twenty feet in depth, which is now covered with sheds ; 
and if no condition is annexed to said title, to prevent a 
transfer thereof, said Treasurer is hereby authorized to 
advertise the same for sale at auction, and, after thirty 
days' notice, to sell the same at auction to the highest 
bidder. 



CHAP. XCIV. 

Resolve relating to the Special Laws. 

April 16, 1836. 

Resolved, That the Special Acts of this Common- 
wealth, passed subsequently to February, one thousand 
eight hundred and twenty-two, be collated, and publish- 
ed in volumes as nearly as may be in conformity with the 
volumes of the special laws heretofore published, and that 
a full and complete index of the matter therein contain- 
«d be appended to each volume. 



PAY OF COUNCIL, SENATE, &c. 417 

Resolved, That His Excellency the Governor be au- 
thorized to appoint a Commissioner to carry the foregoing 
Resolve into effect. 



CFIAP. XCV. 

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

April 16, 1836. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth, to each member of the Senate and 
House of Representatives, two dollars for each and every 
day's attendance as such, the present political year, and 
the like sum of two dollars for every ten miles' travel 
from their respective places of abode, once in each ses- 
sion, to the place of the sitting of the General Court ; 
and also to each member of the Council, two dollars for 
each days' 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, and President pro tempore, of the 
Senate, and to the Speaker of the House of Representa- 
tives, two dollars for each and every day's attendance as 
such, in addition to their pay as members ; and the Gov- 
ernor is authorized to draw his warrants accordingly. 



418 WILLIAM T. SPEAR, 



CHAP. XCVI. 

Resolve on tlie Petition of William S. Pendleton, 

April 16, 1836. 

Resolved, That there be allowed and paid out of the 
Treasury, to William S. Pendleton, the sum of nine hun- 
dred and seventy-four dollars, and twenty cents, in full 
discharge of his account for dra\Aingand printing maps of 
the Public Lands in Maine, and that a warrant be drawn 
accordingly. 



CHAP. XCVII. 

Resolve on the Petition of William T. Spear. 

April 16, 1836. 

Resolved, That William T. Spear, guardian of the 
person and estate of Andrew C. Davidson, an insane 
person, is hereby authorized to sell the real estate of said 
Davidson, situate in Pleasant street in the City of Bos- 
ton, and appropriate the proceeds to the payment of in- 
cumbrances, upon another estate of said Davidson, situ- 
ate in Washington street in said Boston : provided, how- 
ever, that said Spear shall, before said sale, file in the 
Probate Office of the County of Suffolk, a bond with 
sureties to the satisfaction of the Judge of said Court, 



HARBOR OF BOSTON. 419 

that the proceeds of said sale, shall be first applied to 
the discharge of all incumbrances on said estate in Wash- 
ington street, and then to the benefit of said ward, and 
be accounted for accordino; to law. 



CHAP. XCVHI. 

Resolve for preventing Trespasses in the Harbor of 

Boston. 

April 16, 1836. 

Resolved, That the Attorney General be authorized 
and required to prosecute all persons who have erected, 
or who hereafter shall erect or begin to erect any wharf, 
building or obstruction of any kind in the Harbor of Bos- 
ton contrary to law, and to take all such measures as may 
be legal and proper for the obtaining an injunction from 
the Supreme Judicial Court, against any person obstruct- 
ing the same, and the said Attorney General, is author- 
ized to procure all the testimony that may be necessary, 
for any legal proceedings in the premises, according to 
due form of law : provided, that nothing herein contain- 
ed, shall authorize the prosecution of any person or cor- 
poration, who shall not have extended any wharf or other 
obstruction beyond any boundary line, which may hereaf- 
ter be reported by the Commissioners appointed for the 
survey of the Harbor of Boston and ratified by the Leg- 
islature. 



420 FOREIGN PAUPERS. 



CHAP. XCIX. 

Resolve to pay John S. Tyler. 

April 16, 1836. 

Resolved, That there be allowed and paid out of the 
treasury, the sum of one hundred and fifty dollars to John 
S. Tyler, in full couipensation for his services as Clerk 
of the Committee appointed to investigate the doings of 
the banks, and the Governor is hereby authorized to draw 
his warrant accordingly. 



CHAP. C. 

A Resolve in relation to the immigration of Foreign Pau' 
pers into this Country. 

April 16, 1836. 

Resolved, That it is expedient to instruct our Sen- 
ators and request our Representatives in Congress, to use 
their endeavors to obtain the passage of a law to prevent 
the introduction of foreign paupers into this country, and 
to favor any other measures which Congress may be dis- 
posed to adopt to effect this object. 



REVISED STATUTES. 421 



CHAP. CI. 

Resolve relating to the Printing of the Revised Statutes. 

April 16, 1836. 

Resolved, That Messrs. Henry W. Button and James 
Wentworth be allowed the sum of two dollars and forty 
cents per copy for fifteen hundred copies of the Revised 
Statutes ; and for such additional number as may be re- 
quired for the use of the Commonwealth, at the same rate. 
And that said Button and Wentworth be authorized to 
demand and receive, for every copy of the Revised Stat- 
utes, not thus required for the use of the Commonwealth, 
which shall be purchased of them, the sum of two dollars 
and forty cents, any thing in the articles of agreement 
entered into between Messrs. G. Bliss and J. Rockwell, 
as agents of the Commonwealth, of the one part, and 
said Button and Wentworth, of the other part, dated 
November twentieth, eighteen hundred and thirty-five, to 
the contrary notwithstanding. And the Governor is 
hereby authorized to draw his warrant to pay the said 
Button and Wentworth two dollars and forty cents per 
copy for said fifteen hundred copies, and for such other 
copies as may be received by the Commonwealth, on the 
delivery thereof. 



54 



422 REVISED STATUTES. 



CHAP. CII. 

Resolve authorizing the Treasurer to borrow money. 

April 16, 1836. 

Resolved, That the Treasurer of this Commonwealth is 
hereby authorized and directed to borrow of any of the 
banks in this Commonwealth, or any corporation therein, 
or of any individual or individuals, such sum or sums of 
money, as may be necessary to enable him to comply 
with the provisions of the second section of an act, passed 
April 4th, 1836, entitled "An Act in aid of the Western 
Rail-road Corporation," 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 bor- 
rowed by authority hereof, and remaining unpaid, shall 
not, at any time, exceed the sum of one hundred thou- 
sand dollars. 



CHAP. CHI. 

Resolve to pay for the Superintende^ice of the Publication 
of the Revised Statutes. 

April 16, 1836. 

Resolved, That there be allowed and paid out of the 



REVISED STATUTES. 423 

treasury, from any moneys not otherwise appropriated, 
the following sums : To Charles Jackson, in full for 
preparing an act to amend the Revised Statutes, and an 
act to repeal the acts consolidated therein, under a resolve 
passed Nov. 1835, the sum of four hundred dollars. To 
George Bliss, in full for services rendered and expenses 
incurred, as agent of the Commonwealth, in procuring 
the publication of the Revised Statutes, pursuant to a 
resolve passed Nov. 1835, the sum of eighty-seven dol- 
lars. To Julius Rockwell, in full for services rendered 
and expenses incurred, as joint agent with said George 
Bliss, under the last named resolve, seventy-four dollars. 
To Theron Metcalf and Horace Mann, Commissioners 
for superintending the publication of the Revised Statutes, 
preparing index, marginal readings and references, by vir- 
tue of a resolve passed Nov. 3, 1835, the said Metcalf 
nine hundred dollars, and the said Mann nine hundred 
dollars, in full compensation therefor. To Luther S. 
Cushing, in full for services rendered by him and John 
Giles, by direction of the last named Commissioners, in 
revising the punctuation and orthography, and correcting 
the press, the sum of two hundred dollars ; and the Gov- 
ernor is hereby authorized to draw his warrants accord- 
ingly. 



^otnmoniuealtl) of JHirssatcfjusetts, 



SECRETARY'S OFFICE, JUNE 30, 1836. 

I HEREBY Certify, That I have compared the Re- 
solves, Messages and other Documents printed in this 
pamphlet, with the original papers in this department, 
and find the same to be correct. 

JOHN P. BIGELOW, 

Secretary of the Commonwealth. 



ir^DEX 



KESOLVES, MESSAGES, <fcc. 



OF THE SESSIONS WHICH COMMENCED IN 



SSPTZSMBXiB, 1835, M.IXJi J AlifU AILIT ^ 1836. 



A. 

Albe, Reuben, grant to, for Revolutionary services, . . 384 
Accounts, audited and allowed, 222, 318, 325, 351, 391, 392, 411 
Amendment of the Constitution, proposed article of, to be submit- 
ted to the people, ...... 376 

Archives of the Commonwealth, preservation and security of, provid- 
ed for, ....... 316 

Arnold, Ruth, grant to, for Revolutionary services of her husband, 410 
Attorney General, directed to institute proceedings for securing the 

State's rights in certain lands, .... 389 



B. 

Barnard, Albert F., support of, at the American Asylum, provided 

for, 394 

" William K., compensation to, for loss in purchase of cer- 
tain lands, ...... 372 

Barre, sale of escheated land in, provided for, . . . 386 

Blagge, Sally, on petition of, certain real estate may be sold, . 311 

Blake, Henry, relating to petition of, .... 403 

Bonney, George, guardian, &c., may sell certain real estate, . 308 

Boston Harbor, prevention of trespasses in, . . . 419 

" survey of certain flats in, provided for, . . 390 

" concerning fortifications in, . . . 404 

Boundary, North East, of the United States, Resolves concerning, 303 

Breed, Ebenezer, trustee, &c., may convey certain real estate, . 408 

A 



n INDEX. 

Brighton, Town of, may sell certain land, .... 368 

Brown, Aoner, payment of, as a member of the House, . . 243 



c. 



Carleton, Hannah, guardian, &c., may sell certain real estate, . 315 
Chaplains of Senate and House, compensation to, . . , 231, 399 
Chappequiddie Indians, provisions for the support of Mary John- 
son, of that tribe, ...... 313 

Clark, Griffin, compensation to, for apprehending a fugitive, . 370 

Cle.rks of the Legislature, pay of, provided for, . . . 401 
" " " compensation to, for making duplicate 

copies of Journals, . . . 230 
Common Law, jcodification of, provided for, &c, . . . 312,401 

Council, i)ay of members of, provided for, .... 417 

Cowdry, Nathaniel, and others, grant to, for Revolutionary services, 390 

Crocker, Ansel, grant to, for Revolutionary services, . . 399 
Crowninshield, Sarah P., grant to, for Revolutionary services of 

her husband, ....... 372 



D. 

Dudley Indians, compensation to Guardian of, . . 400 

Duplicates of certain books, &c., distribution of, . . . 371 



F. 



Farvvell, Levi, guardian, &c., may sell certain lands, . . 369 

Fitch, F'rancis G., support of, in American Asylum, provided for, 380 

Fortifications in Boston Harbor, concerning, . . . 404 

Francis, Betsey, may hold certain real estate, . . . 304 

French, Arthur, authorized to convey certain real and personal 

estate, . . . . . ... . 395 

Fuel, &c. for the Government, provided for, . . . 398 



G. 



General Laws of the Commonwealth, provision respecting, . 242 

Geological Survey of State Lauds in Maine, provided for, . 366 

Green, Polly, may file affidavit in a certain case, . . . 397 

Greenoughj Maria F., guardian, &c., may convey certain lands, . C02 



INDEX. iir 



H. 



Hair, Mary, grant to, for Revolutionary services of her husband, 387 

Hallet, Benjamin F., compensation to, for newspapers furnished, . 410 
Harwich, Agents of South Parish in, authorizefl to sell lands in 

Brewster, ....... 373 

Hathaway, David, pay of, as member of the House, . . 244 

House, pay of members of, provided for, . . . , 417 

Howe, Zadok, guardian, &-c., may convey certain real estate, . 310 

Hubbard, Samuel, guardian, &c., may sell certain land, . 409 



I. 

Internal Improvements, works on, may be j)rocured by the Governor, 409 

I.. 

Land Agent, accounts of, settled, .... 3G2 

" directed to give a certain notice to purchasers of 

lands in Maine, ..... 374 

" may release to Henry Blake the State's interest in 

certain land, ..... 403 

Lauds in Maine belonging to the State, geological survey of, . 366 
" " " " " sales of, authorized, . 403 
" Public, of the United States, concerning distribution of pro- 
ceeds of, . . . . . . , 396 

List of Civil Government, for 1836, ..... 247 

Low, John v., compensation of, as Messenger, . . .230,398 

Lunatic Hospital, appropriation for, .... 371 

" " expenses of Legislative examination of, provided for. SS*^ 



M. 

Marshpee District, grant to Commissioner of, for certain expenses, 366 

Massachusetts Claim, Agency of, continued, . . . 404 

Message of the Lieut. Governor, on public affairs, at the beginning 

of the extra session, . . 207 

" " " ** in reference to the repairs of Rains- 

ford Island, . . .216 



iv INDEX. 



Message of the Lieut. Governor, in reference to the 14th chapter of 

the Revised Statutes, . . 228,234 

" of xiie Governor, on pu!)lic affairs, at the beginning of the 

Winter Session, . . . . 271 

" " " ' transmitting a communication from the 

late Acting Governor, &c. . . 301 

" " " transmitting a communication from the 

Governor of Georgia, . . 302 

" " transmitting a communication from the 

Governor of Ahibama, • . 305 

" " " transmitting a communication from the 

Governor of Virginia, . . 312 

" " " communicating resignation of the Ma- 

jor General of the First Division, . 313 

" " " concerning the trigonometrical survey 

of the State, .... 373 

" " " transmitting a communication from the 

Governor of Pennsylvania, &c., . 381 

" " " in reference to the Western Rail-road 

Corporation, .... 397 

Messengers, Assistant, of the General Court, compensation to, . 227, 229 



N. 



Nichols, Richard, compensation of, for apprehending a fugitive, . 314 

North Eastern Territory of the United States, resolves concerning, 363 



o. 

Old Colony Laws, publishing of, provided for, . . 375 

P. 

Parkhurst, Matthias, payment of, as a member of the House, . 243 
Paupers, Foreign, concerning immigration of, . . . 420 
Pendleton, William S., compensation to, for maps, , . 418 
Phelps, Samuel, and John Sedgwick, compensation to, for appre- 
hending a fugitive, ...... 314 

Prison Discipline Society, allowance to, . . . 307 
Public Lands of the United States, concerning distribution of pro- 
ceeds of, ...... . 396 



INDEX. V 

Public Lands of Massachusetts and Maine, relating to sale of, . 374 

Q. 

Quarter Master General's Department, appropriation for, . . 402 

R. 

Rainsford Island, respecting repairs on, .... 228 

Records of the Commonwealth, Governor authorized to take mea- 
sures to restore tlie missing, ..... 365 
Revised Statutes, payment of Commissioners on, superintending 

printing, &c., .... 220, 422 
« « distribution of, . . . 233,241,305,382 
" " printing of, .... 232,421 
Revolutionary Services, evidence of, .... 405 
Richardson, Daniel, may file aftidavit concerning certain real es- 
tate, 368 

" Thomas, payment of as a Member of the House, . 242 

" William & others, deed of lands belonging to, con- 
firmed, ...... 383 

Richmond, Betsey, grant to, for Revolutionary services of her hus- 
band, 307 

Jlolls of Accounts, audited and allowed, 222, 318, 325, 351, 391, 392, 411 



S. 

Sergeant at Arms, appropriation for, .... 231 

School Returns, blank, explanatory notes to be appended to, . 384 

Senate, pay of members of, provided for, .... 417 

Smith, Jeremiah, grant to, for revolutionary services, . . 389 

Spear, William T., guardian &c., may sell certain real estate, . 418 

Special Laws, passed since 1822, to be collated and published, . 416 

State Prison, wharf of, to be extended, &c., . . . 385 

Survey of the Commonwealth, further appropriation for, . 400 



T. 

Taxes, granted for several counties, .... 367 

Thayer, Mahala, naming and supporting of, provided for, . . 394 

Tobey, Jonathan, relating to petition of, .... 389 

B 

/ 



vi INDEX. 

Treasurer, authorized to borrow money, .... 309, 422 
" authorized to receive and invest money, . . 388 
" may convey certain land, . . • . 416 
Troy Indians, concerning the guardian of, . , . . 406 
Trufant, Mary E., to be supported at the Deaf and Dumb Asylum, 306 
Tyler, John S. compensation to, for services as clerk of a com- 
mittee, ....... 420 



w. 

Warren Bridge, agent for, to be appointed, &c. . . . 407 

Weights and Measures, in the Treasury, j)rovisions concerning, . 221 
Wlieeler, Elizabeth, grant to, for Revolutionary services of her 

husband, ....... 365 

White, Mary, grant to, for Revolutionary services of her husband, 376 

Whitney, Timothy P. compensation to, for arresting a fugitive, . 387 

Wilder, Susannah, certain lands may be re-conveyed to, . . 362 



RESOLVES 



THE GENERAL COURT, 



CommonUJcaltJ) of i^ajS^arliu^ett^, 



PASSED 



AT THE SESSIOr;, WHICH COMMENCED ON WEDNESDAY, THE FOURTH OF JANU- 
ARY, AND ENDED ON THURSDAY, THE TWENTIETH OF APRIL, ONE 
THOUSAND EIGHT HUNDRED AND THIRTY-SEVEN. 



IJublfsljctr aflteeabls to a aXesolbe of tje sfjrteent!) Sanuarn, 1812. 




Boiston: 

nUTTON AND WENTWORTH, PRINTERS TO THE STATE. 
1837. 



CITIL, GOVERNMENT 

OF THE 

eommoniuealtti of iBannat'^unttttSf 

fOR THE POLITICAL YEAR 1837. 



HIS EXCELLENCY 



EDWARD EVERETT, 

GOVERNOR. 

HIS HONOR 

GEORGE HULL, 

IiIEUTZ:i7.aiTT GOVERXrOR. 



COUNCIL. 



ASA W. WILDES, 
BENJAMIN RUSSELL, 
BENJAMIN RODMAN, 
EDWARD F. JACOBS, 
ZENAS CRANE, 
WARREN LOVERING, 
SAMUEL MIXTER, 
SIDNEY WILLARD, 
JOHN HOWARD. 



JOHN P. BIGEL.01V, 

Secretary of the Commonwealth. 
WILLIAM TUFTS, 1st Clerk. CHARLES W. LOVETT, 2d Clerk. 

DAYID ^VIIiDER, 

Treasurer and Receiver General of the Commonwealth. 
JOSEPH FOSTER, Ist Clerk. JOHN I. LINZEE, 2d Clerk. 



SENATE. 
HORACE MANN, 

PRESIDENT 



SUFFOLK DISTRICT. 

Horace Mann, Stephen Fairbanks, 

Nathan Gurney, Samuel Dorr, 

Phineas Sprague, Josiah Quincy, Jr. 

ESSEX DISTRICT. 

John Tenney, Stephen Oliver, 

Jonathan Shove, Warwick Falfray, Jr. 

Charles Kimball, Daniel Adams, 3d. 

MIDDLESEX DISTRICT. 

Leonard M. Parker, V^/iiliam Livingston, 

Stephen Pope, Francis Bowman. 

Reuben Bacon, 

WORCESTER DISTRICT. 

Charles Hudson, Linus Child, 

Charles Russell, Ethan A. Greenwood, 

Charles Allen, William Hancock. 

HAMPSHIRE DISTRICT. 
Myron Lawrence, William Ward. 



SENATE. 5 

HAMPDEN DISTRICT. 
Harvey Chapin, Orrin Sage. 

FRANKLIN DISTRICT. 
Ephraim Hastings. 

BERKSHIRE DISTRICT. 
Joseph Fitch, Henry H. Childs. 

PLYMOUTH DISTRICT. 
Abel Kingman, John B. Turner. 

BARNSTABLE DISTRICT. 
Charles Marston. 

NANTUCKET AND DUKES CO. DISTRICT. 
David Joy. 

NORFOLK DISTRICT. 

Thomas French, Benjamin P. Williams. 

Abel Cushing, 

BRISTOL DISTRICT. 

Seth Whitmarsh, Henry Williams. 

James H, Handy, 



Charles Calhoun, Clerk. 
W. P. Gragg, Assistant Clerk. 
Rev. Nehemiah Adams, Chaplain. 



HOUSE OF REPRESENTATIVES. 



JULIUS ROCKWELL, 

SPEAKER. 

t 

COUNTY OF SUFFOLK. 

Boston, Thomas C. Araory, 

Richard Austin, 
Benjamin Bangs, 
James Barry, 
Amos Binney, 
George Blake, 
Levi Bliss, 
Edward Brooks, 
J. Vincent Browne, 
Samuel Chessman, 
James Clark, 
Zebedee Cook, Jr. 
Nathaniel F. Cunningham, 
William H. Delano, 
Benjamin Dodd, 
Thomas Edmands, 
Frederick Emerson, 
Joseph Eveleth, 
William T. Eustis, 
Benjamin Fiske, 
David Francis, 
Daniel L. Gibbens, 



HOUSE OF REPRESENTATIVES. 

Boston, Benjamin A. Gould, 

John C. Gray, 
John Green, Jr. 
James Harris, 
Samuel D. Harris, 
Eliphalet P. Hartshorn, 
George E. Head, 
Daniel Henchman, 
Zechariah Hicks, 
Prentiss Hobbs, 
James L. Homer, 
Thomas Hudson, 
Thomas Hunting, 
Cranston Howe, 
Enoch Hobart, 
Zachariah Jellison, 
John Knapp, 
Robert Keith, 
Benjamin Lamson, 
Henry W. Kinsman, 
Joseph M. Leavitt, 
Charles Lincoln, 
Edward G. Loring, 
Isaac McLellan, Jr. 
James Means, 
Hugh Montgomery, 
David Nickerson, 
John C. Park, 
William Parsons, Jr. 
Abel Phelps, 
John L. Phillips, 
Thomas W. Phillips, 
Solomon Piper, 
Royal L. Porter, 



8 



HOUSE OF REPRESENTATIVES. 



Boston, 



Chelsea^ 

Ameshury, 
Andover, 



Beverly J 



Siraon W. Robinson, 
James Ridgway, 
Henry G. Rice, 
Jeffrey Richardson, 
Robert E. Ruthven, 
Asa Swallow, 
Daniel Safford, 
John O. Sargeant, 
Ebenezer Scott, 
Jerome V. C. Smith, 
John B. Stebbins, 
Jedediah Tuttle, 
Lynde M. Walter, 
Isaac Waters, 
John B. Wells, 
Joel Wheeler, 
William Willet, 
Robert C. Winthrop, 
John Pierce. 

COUNTY OF ESSEX. 

Patten Sargent, 
Jonathan Nayson, 
Leonard Hoyt, 
Amos Abbott, 
Joshua Ballard, 
George Hodges, 
Solomon Holt, 
William Johnson, Jr. 
Jonathan Batchelder, 
Daniel Cross, 
Ezra Dodge, 
David Larcom, 
Pyam Lovett, 



HOUSE OF KEPUESENTATIVES. 



Boxford, 
Bradford, 

Danvers, 



Essex, 
Gloucester, 



Hamilton, 
Haverhill, 



Ipswich, 
Lynnfield, 
Manchester, 
Marblehead, 



Methuen, 
Middleton, 



William S. Balch, 
Benjamin Greenleaf, 
Caleb L. Frost, 
Daniel P. King, 
Andrew Lunt, 
Jacob F. Perry, 
Joshua H. Ward, 
Oliver Low, 
Eleazer Boynton, 
John Davis, 
David Donnohu, 
Epes Ellery, 
Addison Gilbert, 
Theophilus flerrick, 
Robert Rantoul, Jr. 
Oliver W. Sargent, 
David White, 
George Apple ton, 
Joseph Ayer, 
James Davis, 
Elbridge G. Eaton, 
Ward Hazeltine, 
Nathan Webster, 
William Wade, 
William Perkins, 
Israel Foster, 
John Carroll, 
William Hooper, 
William Knight, 
Nathaniel Lindsey, Jr. 
George C. Roundy, 

Joseph W. Batchelder, 



2 



10 



HOUSE OF REPRESENTATIVES. 



Newbury, 
Newburyport, 

Rowleyy 

Salem, 



Salisbury, 



Saugus, 
Topsjield, 
Wenham, 
West Newbury, 



Moses Little, 
Daniel Noves, 
Charles H. Balch, 
George Luiit, 
Isaac Stone, 
Thomas Gage, 
Jeremiah Nelson, 
Edward Smith, 
Charles A. Andrew, 
Ferdinand Andrews^ 
Gideon Barstow, 
Nehemiah Brown, 
Frazier Carlton, 
Eleazer M. Dalton, 
Putnam I. Farnham, 
Samuel Holman, Jr. 
Jeremiah S. Perkins, 
Richard S. Rogers, 
George H. Smith, 
Samuel W. Stickney, 
William Sutton, 
John S. Williams, 
True G. Graves, 
Enoch Fowler, 
Angier M. Morrill, 
William W. Bordman, 

Moses Foster, 
Moses Carr, 
Moses Emery. 



Acton, 
Ashby, 



COUNTY OF MIDDLESEX. 

Nathan Brooks, 
Luke Willington, 



HOUSE OF REPRESENTATIVES. 



11 



Bedford, 

BUlerica, 

Brighton, 

Burlington, 

Cambridge, 



Carlisle, 
Charlestown, 



Chelmsford, 

Concord, 

Dracut, 

Framingham, 
Groton, 

Holliston, 

Hopkinton, 



Amos Hartwell, 

Joseph Everett, 
James Cutler, 
Luther Brooks, 
Thomas B. Gannett, 
Charles C. Little, 
Enos Reed, 
Ralph Smith, 
William J. Whipple, 
Thomas Whittemore, 
George W. Stacy, 
Dexter Bowman, 
Joseph F. Boyd, 
Timothy Fletcher, 
Abijah Monroe, 
Edwin Munroe, 
Samuel Poor, 
John Runey, 
John Stevens, 
Charles Thompson, 
Stephen W^iley, 
Alpheus Spaulding, 
Amos Whitney, 
Stedman Bultrick, 
Cyrus Stow, 
William F. Osgood, 
Benjamin Stevens, 
Moses Edgell, 
John G. Park, 
Joshua Green, 
Benjamin F. Batchelder, 
Nathan Leland, 
Michael Homer, 



12 



HOUSE OF REPRESENTATIVES. 



Hopkinton, 


Samuel B. Walcott, 


Lexington, 


Isaac Mulliken, 




Nehemiah Wellington, 


Lincoln, 


Abel Hartwell, 


Littleton, 


Cephas Hartwell, 


Lowell, 


Josiah G. Abbott, 




Samuel Clark, 




Jesse Clement, 




Joseph M. Doe, 




Gardner K. Eastman, 




James K. Fellows, 




Richard Fowler, 




Stephen Goodhue, 




Charles Hastings, 




Joseph W. Mansur, 




John Mead, 




William S. Merrill, 




William N. Owen, 




Josiah G. Peabody, 




Loring Pickering, 




Samuel Willard, 




James Wilson, 


Maiden, 


Timothy Bailey, 




Sylvanus Cobb, 




George Emerson, 


Marlborough, 


Isaac Hayden, 


Medford, 


James 0. Curtis, 




Timothy Cotting, 


Natick, 


Chester Adams, 


Newton, 


James Fuller, 




Joel Fuller, 




Elijah F. Woodward, 


Pepperell, 


David Blood, Jr. 




Joseph G. Heald, 



HOUSE OF REPRESENTATIVES. 



13 



Readings 


Eben. D. Batchelder, 




Daniel Flint, Jr. 




John Weston, 


Sherburne, 


Silas Stone, 


Shirley, 


Zenas Brown, 


South Reading, 


Benjamin Emerson, 




Noah Smith, 


Stoneham, 


Benjamin F. Richardson, 


Stow and Boxborough, 


John Gates, 




Peter Whitcomb, 


Sudbury, 


William Brigham, 


Townsend, 


Samuel Adams, 




Joel Emery, 


Teivksbury, 


Jonathan Clark, 2d, 


Tyngsborough, 


Timothy Butterfield, 


Waltham, 


William Porter, 


Watertown, 


George Robbins, 




William Stone, 


Wayland, 


Isaac Gleason, 


West Cambridge, 


Joshua Avery, 


Westford, 


Caleb Blake, 


Weston, 


Henry Hobbs, 


Wilmington, 


Silas Brown, 


Woburn, 


Stephen Eames, 




Henry Flagg, 




Leonard Thompson. 


COUNTY 


OF WORCESTER. 


Ashburnham, 


Asahel Corey, 




Reuben Townsend, Jr. 


Athol, 


Benjamin Estabrook, 




James Young, 


Barre, 


Samuel Lee, 




Francis Rice, 



14 HOUSE OF REPRESENTATIVES. 



Berlin, 


Jonathan D. Merria 


Bolion, 


Joseph Sawyer, 


Boylston, 




Brookfield, 


Lewis Abbott, 




Ebenezer Merriam, 


Charlton, 


William P. Marble, 




Amasa Stone, 


Dana, 


Nathan Stone, 


Douglas, 


Joshua Fairbanks, 




Amos Himies, 


Dudley, 


John Boyden, Jr. 




William Earned, 


Fitchhurg, 


Alvah Crocker, 




Francis Perkins, 




Isaiah Putnam, 


Gardner, 


Martin Dunster, 


Grafton, 


Oliver M. Brigham, 


Hardwick, 




Harvard, 




Hoi den, 


John Chaffin, 




Paul Davis, 


Hubbardston, 


Asa Marean, 




Moses Wait, 


Lancaster, 


James G. Carter, 


Leominster, 


Phineas S. Burditt, 




Charles W. Wilder, 


Lunenburg, 


William Harlow, 


Leicester, 


Isaac Southgate, 




Thomas Sprague, 


Mendon, 


Jared Benson, 




Ariel Cook, 




Clark Cook, 




Washington Hunt, 


Milford, 


John Corbett, 



HOUSE OF REPRESENTATIVES. 



15 



Milford, 


Sullivan Sumner, 


Millbury, 


Lyman Good ell, 




Aaron Trask, 


New Braintree, 


Job Rainger, 


Northhorough, 


Prentiss Kejes, 


Northbridge, 


Charles Bowen, 


North Broolcfteldi 


William Adams, 




Joseph A. Moore, 


Oakham, 


Luther Hunter, 


Oxford, 




Paxton, 




Petersham, 


Nahum Gale, 




Seth Hapgood, 


Phillipston, 


James Richardson, 


Princeton, 


John Whitney, 


Royalston, 


Benoni Peck, 




Arba Sherwin, 


Rutland, 


George S. Flint, 


Shrewsbury, 




Southborough, 




Southbridge, 


Holmes Ammidovvn, 




Jedediah Marcy, 


Spencer, 


James Draper, 




Dennis Ward, 


Sterling, 


Cyrus Hoi brook, 




Samuel Sawyer, 2d, 


Sutton, 


David Putnam, 




Asa Woodbury, 


Sturbridge, 


Jonathan P. Curtis, 




Lemuel Hooker, 


Templeton, 


Artemas Lee, 


Upton, 




Uxbridge, 


John W. Capron, 




Samuel Read, 



16 



HOUSE OF REPRESENTATIVES. 



Ward, 

Warren, 

Webster, 

Westborough, 

West Boylston, 

Westminster, 

Winchendon, 

Worcester, 



Isaac Stone, i 
Pardon Allen, 
Horace VVliitaker, 
Jonathan Forbes, 
Robert B. Thomas, 
Joseph Whitman, 
Joseph H. Whitney, 
William Brown, 
Jacob Wales, 
Eben L. Barnard, 
Thomas Chamberlain, 
John Coe, 

Benjamin Goddard, 2d, 
Edward H. Hemmenway, 
Thomas Kinnicutt, 
W illiam Lincoln, 
David Wadsworth. 



COUNTY OF HAMPSHIRE. 



Amherst, 



Belchertown, 

Chesterfield, 

Cummington, 

East Hampton, 

Enfield, 

Granby, 

Greenwich, 

Goshen, 

Hadley, 

Hatfield, 
Middlefield, 



Osmyn Baker, 
Enos Dickinson, 
Ebenezer Mattoon, Jr. 
Israel Towne, 
Oliver Edwards, 
Nathan Orcutt, 
Luther Clark, Jr. 
Epaphras Clark, 
Samuel Ayres, 

William Hubbard, 
Walter Newton, 
Parsons West, 

Green H. Church, 



HOUSE OF REPRESENTATIVES. 441 



NorthamjJton, 




William Clark, Jr. 
Charles P. Huntington, 
Thomas Pratt, 
Samuel Strong, 


Norwich, 




Horace Taylor, 


Pelham, 




Luther Pierce, 


Plainjield, 




John Carr, 


Prescott, 




David Mellen, 


South Hadley, 




Joel Miller, 
Daniel Payne, 


Southampton, 




Elisha Edwards, 


Westhampton, 




Jared Bartlett, 


Ware, 




Edmund Freeman, 
Reuben Lazell, 


Williamsburg, 




Isaac Gere, 


Worthington, 




Ransloe Daniels. 


COUNTY 


OF HAMPDEN. 


Blandford, 




Adam Blair, 
David Collins, 


Brimfield, 




Royal Wales, 
John M. Warren, 


Chester, 




William Henry, 
Lewis Collins, 


Granville, 




Levi Parsons, 
Elijah Seymour, 


Longmeadow, 




Burgess Salisbury, 


Ludlow, 




Joseph Bucklin, 


Monson, 




Welcome Converse, 
Hiram Newton, 


Montgomery, 




Oren Parks, 


Palmer, 




Sylvester Parks, 
John Ward, 


Errata. 


— The preceding pages should have been 425 — 440. 


67 







442 HOUSE OF REPRESENTATIVES. 



Russell, 

Southivick, 

Springfield, 



Tolland f 

Wales and Holland, 

Wesifield, 



West Springfield, 
Wilhraham, 



John Gould, 
Robert Forward, 
David Bemis, 
Stephen C. Bemis, 
Samuel Bowles, 
Austin Chapin, 2d, 
Chauncey Chapin, 
Joel Miller, 
Alpheus Nettleton, 
Edmund Palmer, 
Samuel H. Stobbins, 
Daniel W. VVillard, 
Archibald Wright, 
Lyman Gould, 
Elias Cadwell, 
Joseph Hedges, 
Thomas Loomis, 
Lucius W right, 
Luther Frink, 
Josiah Johnson, 
Lewis Warriner, 
William Knight, 
Walter Stebbins. 



Ashfield, 

Bernardston, 
Buckland, 
Charlemont, 
Coleraine, 

Conivay, 
Deerfield, 



COUNTY OF FRANKLIN. 

Anson Bement, 
Wait Bement, 
Henry W. Cushman, 
Ezra Howes, 
Joseph Field, 
Jonathan Johnson, 
Amos Stewart, 
Charles E. Billings, 
Amos Russell, 



HOUSE OF REPRESENTATIVES. 443 



Deerfield, 


Rufus Saxton, 


Gill, 


Josiah Pomeroy, 


Greenfield, 


James C. Alvord, 




Henry Chapman, 


Hawleij, 


Calvin Coolej, 


Heath, 


David White, 


Leyden^ 


John Barstovv, 


Lever ett, 


Asa L. Field, 


Monroe, 




Montague, 


Elisha Leffingvvell, 


New Salem, 


Alpheus Harding, 




John Putnam, 


Northfield, 


Samuel C. Alien, Jr. 




Asahel Sawyer, 


Orange, 


Jesse Warwick, 


Rome, 


Moses Gleason, 


Shelburne, 


Ira Arms, 


Shuteshury, 


Joseph L. Smalledge, 


Sunderland, 


Jedediah Clark, 


Warwick, 


Jacob R. Gale, 


Wendell, 


Ivers Benjamin, 


Whaiely, 


Asa Dickinson, 



COUNTY OF BERKSHIRE. 



Adams, 



Alford, 

Becket, 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, 



Alanson Cady, 
Isaac Dean, 
Daniel A. Wells, 
Henry Wilmarth, 
Roswell Picket, 
Kendall Baird, 
Noah Y. Btishnell, 

Caleb W. Ensign, 
Samuel Newman, 



444 HOUSE OF REPRESENTATIVES. 



Florida, 




Great Barrington, 


William Battelle, 




Isaac Seeley, Jr. 


Hancock, 


Elijah Goodrich, Jr. 


Hinsdale, 


Henry Putnam, 


Lanesborough, 


Asahel Buck, Jr. 


Lee, 


Winthrop Laflin, 




William Merrill, 


Lenox, 


George J. Tucker, 


Mount Washington, 


William Wright, Jr. 


Neiv Ashford, 




New Marlborough, 


Samuel Emmons, 




Levi L. Smith, 


Otis, 


Elam P. Norton, 


Peru, 


Cjrus Stowell, 


Pittsfield, 


Amos Barns, 




Jason Clapp, 




Henry Daniels, 




Butler Goodrich, 




Julius Rockwell, 


Richmond, 


Samuel Gates, 


Sandisjield, 


Stephen Smith, 




Alfred C. Twining, 


Savoy, 


Charles Dunham, 


Stockbridge, 


Alanson Bennett, 




John M. Cooper, 


Tyringham, 


Oliver Judd, Jr. 


Sheffield, 


Butler Ives, 




Amos Shears, 


Washington, 


Stephen W. Newton, 


West Stockbridge, 


Miles Morgan, 




Martin Hendrix, 


Williamstown, 


Thomas C. Phelps, 




William Waterman, 


Windsor, 


Alpheus Brown, Jr. 



HOUSE OF REPRESENTATIVES. 445 



COUNTY OF NORFOLK. 

Bellingham, John Cook, 2d, 

Braintree, Isaac Dyer, 

Samuel French, 4th, 
Minott Thajer, 
Brookline, Thomas Griggs, 

Canton, Nathaniel French, 

Abel Wen I worth, 
Cohasset, Thomas Bourn, 

Dedliam, Daniel Covell, 

Joshua Fales, Jr. 
John Morse, 
Dorchester, Darius Brewer, 

Dover, Ralph Sanger, 

Foxborough, Stephen Rhodes, 

Franklin, Joel Daniels, Jr. 

Medfield, > 

Medway, Nathan Jones, 

Milton, Edmund J. Baker, 

Nathaniel Thomas, 
Needham, William Flagg, 

Asa Kingsbury, 
Quincy, Harvey Field, 

Randolph, Zenas French, Jr. 

Alvan Kidder, 
Samuel Thajer, 2d, 
Roxbury, John J. Clarke, 

Cornelius Cowen, 
Nathaniel Curtis, 
Jerathmeel Davenport, 
Samuel G. Goodrich, 
Samuel Guild, 
Joseph W. Tucker, 



446 HOUSE OF REPRESENTATIVES. 



Roxbury, 

Sharon, 

Stoughton, 

Walpole, 
fVeymouth, 

Wrentham, 



Attleborough, 

Berkley, 
Dartmouth, 

Dighton, 
Easton, 
Fairhaven, 
Fall River, 



Stephen Williams, 
Ziba Plimpton, 
Massena B. Ballon, 
Martin Wales, 
Joshna Stetson, Jr. 
Nathan Canterbury, 
Jason Pratt, 



COUNTY OF BRISTOL. 

John Daggett, 
Lemuel May, 
Thomas Andross, 
Joseph Giffbrd, 
Ricketson Slocum, 



Freetown, 

Mansfield, 
New Bedford, 



Cyrus E. Clark, 
Cyrus Alden, 
Philip S. Brown, 
John Eddy, 
Richard C. French, 
Micah H. Ruggles, 

Constant B. Wyatt, 
Guilford H. Hathaway, 

Calvin Thomas, 
Knight Day, 

Thomas B. Bush, 

Isaac Case, 

Benjamin Coombs, 

William H. Crocker, 

Isaac D. Hall, 

Cyrus Hooper, 



HOUSE OF REPRESENTATIVES. 447 



New Bedford, 



Norton, 
Pawtucket, 
Raynham, 
Rehoboth, 

Seekonk, 

Somerset, 
Swanzey, 
Taunton, 



Westport, 



Thomas Mandell, 
Sampson Perkins, 
James D. Thompson, 
Jonathan R. Ward, 
John Crane, 
Elijah Ingraham, 
William Snow, 
Richard Goff, 
Abel Horr, 
Caleb Chaffee, 
Lewis Walker, 
John Pierce, Jr. 
George Mason, 
Apollos Anthony, 
Leonard Hall, 
Stephen L. White, 
George Walker, 
Nathan C. Brownell, 
Christopher A. Church, 
Jonathan Davis. 



COUNTY OF PLYMOUTH. 



Abington, 
Bridgewater, 

Carver, 
Duxbury, 



East Bridgewater, 

Halifax, 
Hanover, 



Dion Bryant, 
Philo Leach, 
Jesse Murdock, 
Gershom Bradford, 
Joseph F. Wadsworth, 
Gershom B. Weston, 
William Harris, 
Isaac Pratt, 
Jabez P. Thompson, 
Abel G. Duncan, 



448 HOUSE OF REPRESENTATIVES. 



Hanson ^ 
Hingham, 



Hull, 

Kingston, 
Marshjield, 

Middlehorough, 



North Bridgewater, 

Pembroke, 

Plymouth, 



Plympton, 
Rochester, 

Scituate, 



Wareham, 

West Bridgewater, 



Junius Tilden, 
Henry Gushing, 
Martin Fearing, 
Albert A. Folsom, 
Francis G. Fored, 
Robert Goold, 
Seth Drew, 
Luther Hatch, 
Edward P. Little, 
George At wood, 
Jonathan Cobb, 
Reuben Hafford, 
Gamaliel Rounseville, 
Lothrop Thomas, 
Ephraini Ward, 
Jesse Perkins, 
Seth Whitman, 
John Bartlett, 
Nathaniel M. Davis, 
Sylvanus Harlow, 
Solomon Richmond, 
Thomas Russell, 
Samuel Talbot, 
Josiah T. Ellis, 
Zaccheus M. Barstow, 
Theophilus King, 
Thomas T. Bailey, 
Ebenezer T. Fogg, 
Moses P. Rich, 
Samuel A. Turner, 
William Bates, 
Sylvanus Bourne, 
Lewis Kenney, 
John E. Howard. 



HOUSE OF REPRESENTATIVES. 



449 



COUNTY OF BARNSTABLE. 



Barnstable^ 



Brewster, 
Chatham, 

Dennis, 



Eastham, 
Falmouth, 



Harwich, 

Orleans, 

Provincetown, 

Sandwich, 

Truro, 

Wellfleet, 

Yarmouth, 

58 



Nathaniel Hinckley, 
William A. Lewis, 
Samuel Pitcher, 
Zenas Weeks, 
Nathaniel Crosby, 
Freeman Nickerson, 
Seth Nickerson, 
Daniel Hedge, 
William Hinckley, 
Jonathan Nickerson, 
George Collins, 
Ward M. Parker, 
Nathaniel Shiverick, 
Elijah Swift, 
Job Chase, 
Samuel Eldridge, 2d. 
James Long, 
Thomas Mayo, 
Ebenezer Rogers, 
Godfrey Rider, 
Joshua Cook, 
Jesse Boyden, 
Abraham Fish, 
Abram Nye, 
Lemuel B. Nye, 
Solomon Davis, 
Henry Stevens, 
John L. Daniel, 
Richard Libbey, 
Reuben Rider, 
Nathaniel S. Simpkins, 
Ichabod Sherman, 



450 HOUSE OF REPRESENTATIVES. 

DUKES' COUNTY. 

Chilmark, Majhew Cottle, 

Edgartown, "William Coffin, 

David Davis, 
Tisbury^ Thomas Bradley, 

William Davis, 

COUNTY OF NANTUCKET. 

Nantucket, Frederick Arthur, 

Barker Burnell, 
Jonathan C. Briggs, 
George M. Bunker, 
Jared Coffin, 
Benjamin Gardner, 
William Jenkins, 
G(iorge B. Upton, 
William Watson, 



LUTHER S. GUSHING, Clerk. 
Rev. Baron Stow, 



Rev. Thomas F. King, 



Chaplains. 



Benjamin Stevens, Sergeant at Arms. 

William Manning, Messenger to Gov. ^ Council. 

John V. Low, Assistant " " " 

Thomas Avis, Watchman to State-House. 

Milton Hall, Doorkeeper to Senate. 

Elijah W. Cutting, > Doorkeepers to the Bouse of 

David Murphy, 5 Representatives. 

WiNSLOw Leach, Page to Senate. 

Orlando Pitts, Page to House of Representatives. 



RESOLVES 

OF 

THE GENERAL COURT 

OF THE 

COMMOIVWEALTH OF MASSACHUSETTS, 

PASSED AT THE SESSION 



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

THURSDAY, THE TWENTIETH OF APRIL, ONE THOUSAND EIGHT 

HUNDRED AND THIRTY-SEVEN. 



GOVERNOR'S ADDRESS. 



Representatives' Chamber, Jan. 12, 1837. 

At \2 o''docJc, noon, ihe Senate and House having assem- 
bled in Convention, His Excellency the Governor came 
in, preceded by a Joint Committee of the Legislature 
and accompanied by His Honor the Lieutenant Gover- 
nor, the Honorable Council, and the Officers oj State, 
and delivered the following 

ADDRESS : 

Fellow Citizens of the Senate and 

of the House of Representatives : 

In meeting you at the commencement of another po- 
litical year, I beg leave to congratulate jou on the gen- 



452 GOVERNOR'S ADDRESS. 

eral state of prosperity, which prevails among the people 
of the CommonsAealth. Without being exempted from 
the vicissitudes, to w hich human things are subject, the 
main interests of our constituents are in a condition, which 
demands our grateful acknowledgments to the Source of 
Good. 

At the commencement of the last session, I took the 
liberty respectfully to submit to tiie Legislature the views 
entertained by me, on the principles of our government, 
and various important subjects of policy and legislation ; 
deeming such an exposition not inaj)propriate to that 
occasion. Regarding a renewed discussion of those 
topics as unnecessary, I beg leave, at the present time, 
to ask your attention to such matters as may require im- 
mediate legislation, and to the report, which it is my 
duty to make of the public establishments, and the affairs 
of the Commonwealth. 

A resolve was passed on the 9th of April last, author- 
izing the Treasurer of the Commonwealth, with the 
consent of the Governor, " to receive any sum or sums 
of money, which may become due to this Commonwealth, 
from the General Government, consequent to the distri- 
bution of any portion of the public revenue among the sev- 
eral States of the Union ;" the same to be loaned to the 
banks, at a rate of interest not less than five per cent, per 
annum. On the 23d of June last, an act of Congress was 
passedj by the thirteenth section of which it is provided, 
that " the money which shall be in the Treasury of the 
United States, on the first day of January, 1837, reserv- 
ing five millions of dollars, shall be deposited with such of 
the several States as shall by law authorize their treasur- 
ers or other competent authorities to receive the same," 
in a certain proportion and on certain conditions. I could 
have no doubt of the purpose of the Legislature in passing 



GOVERNOR'S ADDRESS. 453 

the resolve of the 9th of April, in anticipation of any dis- 
tribution, that might be ordered by Congress of any portion 
of the Public Revenue ; and it appeared to nie, that in a 
liberal construction the resolve might be considered as 
meeting the provisions of the act of Congress of June 23d. 
By the" Constitution of Massachusetts, a resolve of the 
Legislature has the force of laio, in the most res[)onsible 
case, — that of drawing money from the Treasury. By 
the act of Congress a sum of money was to be distributed 
on deposit, and of that sum her share was due to Massa- 
chusetts. The resolve, in making the reception depend- 
ent on the consent of the Governor, appeared to contem- 
plate a conditional distribution, and to pledge the faith of 
the State to the fulfilment of the conditions, on which, 
through the Executive, she might consent to receive it. 
This view of the subject was strengthened by the consid- 
eration, that the matter is not one of private contract, in 
reference to which there are tribunals to enforce the 
fulfilment of engagements. The honor and fiuth of the 
Commonwealth are the security for the return of the 
deposite, when legally called for ; and this security could 
not be strengthened by technical forms, nor impaired by 
the want of them. For these reasons, I communicated 
the resolve to the Secretary of the Treasury of the United 
States, and desired to be informed, whether it would be 
deemed by him a sufficient warrant for paying over the 
Commonwealth's share of the surplus. He replied, that 
the resolve did not appear to him sufficiently extensive 
to meet the stipulations contemplated in the act of June 
23d; but offered, if I desired it, to take the opinion of 
the Attorney General of the United States, on that point. 
Deeming it my duty, as far as lay in my power, to give 
effect to the presumed purpose of the Legislature in 
passing the resolve, I requested that the opinion of the 



454 GOVERNOR'S ADDRESS. 

Attorney General might be taken. If that opinion were 
favorable to the sufficiency of the resolve, no further le- 
gislation would be required, and no delav would arise in 
the reception of the fund ; — if otherwise, the interest of 
the Commonwealth in the matter would stand as well as 
it did before. The decision of the Attorney General has 
been received, and is in accordance with the opinion pre- 
viously expressed by the Secretary of the Treasury. 
From this correspondence with the Treasury, which will 
be laid before the two Houses, it will appear that further 
legislation, accepting the conditions of the act of Con- 
gress of June 23d, is necessary, in order to entitle 
Massachusetts to her share in its benefits. 

It appears, by a letter of the Secretary of the Treasury 
to the Speaker of the Mouse of Representatives of the 
United States, of the 3d inst., that the distributive share 
of Massachusetts will be ^1,784,231. The disposal of 
this large sum of money is unquestionably a subject of 
the greatest importance, and will doubtless receive your 
profound consideration. The return to the People, from 
the redundance of ihc treasury, of thirty-seven millions 
and a half of money, is an event entirely without example 
in the annals of the world ; and we shall all feel, I am 
sure, a patriotic desire, that it may appear hereafter on 
the page of history, that our ancient and beloved Com- 
monwealth, — distinguished at all times for the wisdom 
and magnynimity of her Councils, — made a worthy ap- 
propriation of her part of the fund. 

On the 4th of April last an act was passed, authorizing 
a subscription to the Western Rail-road of one million of 
dollars. Under this subscription, two assessments of fifty 
thousand dollars each, have been paid during the past 
year, by temporary loans made for that purpose, on which 
the Commonwealth is now paying interest. No perma- 



GOVERNOR'S ADDRESS. 455 

nent provision has been made, to meet the call on the 
treasury arising from this subscription. Among the 
modes of disposing of the Commonwealth's share of the 
surplus, it will deserve consideration, whether a portion 
of it would not be wisely applied to redeem the faith of 
the State pledged by this subscription. Should this 
course not be adopted, an adequate provision of wavs 
and means, for this object, will require the immediate at- 
tention of the Legislature. 

There are other enterprizes of improvement, and public 
objects of high interest, which will doubtless receive due 
consideration ; a discussion of which, on the present oc- 
casion, might seem uncalled for, I will only ask permis- 
sion to observe, that I am sure the highest of them all 
will not be forgotten, — the intellectual improvement of the 
People. Massachusetts owes what she is, mainly to the pro- 
vision made by our fathers, from the earliest days and out 
of slender means, for the education of her youth. The 
Constitution has devoted one whole chapter to this sub- 
ject, and has made it the express duty of all legislatures 
to foster the colleges and schools. I own I can imagine 
no worthier use, which can be made of a portion of this 
fund, than that of rendering education better, cheaper, 
and consequently more accessible to the mass of the com- 
munity. 

A resolve passed at the last session of the General 
Court, authorizing the appointment of five Commission- 
ers, whose duty it should be, to take into consideration 
the practicability and expediency of reducing to a written 
and systematic Code, the Common Law of Massachusetts, 
or any part thereof, and to report thereon to the present 
Legislature. The report of the Commissioners, unani- 
mously adopted, has been transmitted to me, to be com- 
municated to the Legislature. It is believed that the 



456 GOVERNOR'S ADDRESS. 

commission will be found to have examined the subject 
with learning and judgment ; and to have indicated satis- 
factorily the limits, within which it is practicable and ex- 
pedient to collect those rules and principles of the Com- 
mon Law, which are in force in Massachusetts, into a 
concise and systematic form. In laying their report be- 
fore you, I cannot but express the opinion, that should 
the Legislature direct the execution of this great work, 
on the princi])les substantially proposed by the Commis- 
sioners, Massachusetts will be entitled to the credit of 
leading the way in a civil reform of the most important 
character ; — and of setting an example, which, at no dis- 
tant period, will be followed by every community in this 
country and Europe, in which the Common Law is ad- 
ministered. 

Resolves were passed at the last session, authorizing 
the publication of the laws of the old colony of Plymouth, 
and the collection and publication of the special acts of 
the Commonwealth, passed since FebruRry, 1822. The 
former work has been executed in a manner, which I 
doubt not will receive the approbation of the legislature ; 
the latter is in satisfactory progress, and will probably be 
completed in the course of a few months. 

The papers in the public archives down to the year 
1700, and a portion of them to 1720, have, with great 
labor and skill, been arranged and bound, in virtue of 
authority granted by the last legislature. For the rest of 
the period before the Revolution, as the quantity of the 
papers is greater, and the value of a portion of them less, 
a selection may probably be made of those, which it 
would be expedient to bind in volumes. But I ven- 
ture to express a strong hope, that the legislature, on an 
examination of the work, will authorize its completion. 

Authority having been given, at the last session of the 



GOVERNOR'S ADDRESS. 457 

general court, to deposit in the War department, at Wash- 
ington, such of the public papers as might there be use- 
fully employed, in substantiating claims for pensions, the 
documents deemed to fall within the purview of the 
resolve, were delivered, in the course of the summer, to 
the commissioner of pensions of the United States, under 
proper security for their safe keeping, and return when 
called for. 

I had hoped to be able, at this time to announce to 
you the completion of the trigonometrical survey of the 
state. An estimate was directed to be furnished at the 
beginning of the season, of the increased expense of such 
additional instruments and assistants, as would be neces- 
sary to finish the observations in the field the present 
year. I was satisfied on receiving the estimate, that a 
regard to economy, as well as the faithful performance of 
the work, would not warrant an effort to accelerate its 
completion, by any extraordinary expenditure of that 
kind. Should no wholly unexpected casualty delay the 
surveyor, I am satisfied that the operations in the field 
may be brought to a close, before another meeting of the 
General Court. 

In virtue of authority granted at the last session, a 
geologist has been appointed, on the part of this State, 
to make a geological survey of the public lands in Maine, 
the joint property of that State and Massachusetts. In 
pursuing this object, the Executive of Massachusetts was 
authorized, if deemed to be expedient, to co-operate 
with the government of the State of Maine. This co- 
operation was invited and readily accorded ; and the ge- 
ologist appointed, on behalf of Massachusetts, was si- 
multaneously, but without concert between the two gov- 
ernments, also appointed on behalf of the State ol Maine. 
The lateness of the period, at which it was in his pow- 
59 



458 GOVERNOR'S ADDRESS. 

er to enter the region of public lands, prevented his 
making great progress, the past year. The report of his 
proceedings will be laid before the Legislature, as soon 
as it can be prepared, and will probably satisfy you of 
the interesting character of the work, and the impor- 
tance of pursuing it. 

The attention of the Legislature is invited in this con- 
nexion, to the expediency of authorizing a revision and 
extension of the geological survey of Massachusetts 
made a few years ago. 1 have received a letter from the 
gentleman, by whom that survey was executed in a man- 
ner highly creditable to himself, which will make the 
Legislature acquainted with his views on this subject. 

The condition of the fortifications in Boston Harbor 
was a matter of deep interest, at the commencement of 
the last session. Resolutions were adopted, requesting 
our Representatives and Senators to bring the subject to 
the consideration of Congress. 1 have great satisfac- 
tion in informing you, that ample appropriations were 
made for the two works, on which the main reliance is 
placed for the defence of the approaches to Boston : viz. 
fort Warren on George's Island, for the outer harbor ; and 
fort Independence on Castle Island, for the inner harbor. 
This latter work, coeval with the settlement of the coun- 
try, but always of very defective construction, is to be 
rebuilt from the foundation, in the most substantial man- 
ner. Several years, however, must elapse before these 
highly important works are completed, without calculat- 
ing on the recurrence of delays which in limes past have 
arisen from the tardiness, or the entire failure of appro- 
priations. 

On the 30th of October, 1835, a resolve was approved, 
requesting the Executive to cause to be prepared a suita- 
ble representation to Congress, on the subject of a sea- 



GOVERNOR'S ADDRESS. 459 

wall for the preservation of Rainsford Island in Boston 
harbor. This duty was performed under the direction of 
my immediate predecessor in office, and, at the last ses- 
sion of Congress, an appropriation of fifteen thousand 
dollars was made for this purpose. The engineer, who 
was already engaged upon the work, commenced for the 
same object by Massachusetts, has been continued in 
office under the authority of the United States, and the 
sea-wall in progress of erection will be finished as soon 
as practicable, at the national expense. As the same 
considerations, which led Congress to make the appro- 
priation for continuing the work, point to the reasonable- 
ness of defraying the entire expense from the treasury of 
the United States, our Senators and Representatives will 
be requested to endeavor to obtain a reimbursement of 
the sums already advanced by the State. 

The Legislature, at their last session, authorized the 
continuance of the agency for the Massachusetts claim. 
A letter from the Agent, which will be laid before you, 
presents a view of the progress made by him in the dis- 
charge of his duties. A joint resolution was passed at 
the last session of Congress, authorizing the production 
of additional evidence to support such portions of the 
claim, as had been suspended for deficiency in that res- 
pect. The agent has been instructed to use his best dil- 
igence to supply this deficiency, as far as practicable. 
A bill was reported in the Senate of the United States, 
at the last session, for the allowance of interest on sums 
advanced by the States for military services in the war of 
1812. The principles of such an allowance have already 
been recognized by Congress, and I entertain a strong 
hope of the passage of the bill. 

An opinion was expressed by the learned counsel en- 
gaged to defend the interests of the Commonwealth, 



460 GOVERNOR'S ADDRESS. 

before the Supreme Court of the United States, in the 
case pending between Massachusetts and Rhode Island, 
that it was highly expedient that other counsel should be 
joined with him, in the argument of the cause, at the ap- 
proaching term of court. In virtue of the authority con- 
ferred by the resolve of the Legislature of 24th March, 
1832, the Attorney General of the Commonwealth has 
been retained as associate counsel. 

The annual visitation of the Massachusetts General 
Hospital has been attended, in both its departments, by 
the board of visitors created by law ; and the condition 
of this excellent institution has been found to be highly 
satisfactory. The New England Asylum for the Blind 
has also been visited by the same board. The success 
which has attended the operations of this beneficent es- 
tablishment, furnishes the best justification of the liberality 
with which it has been patronized by the Commonwealth. 
In addition to the ordinary operations of the institution, 
improvements of the most interesting character have been 
introduced, in the mode of printing books capable of being 
read by the touch. The reports of the trustees, treasurer, 
and superintendent of the State Lunatic Hospital, at 
Worcester, will be submitted to you, and will be found 
to contain the most interesting details on the subject of 
the establishment. This noble charity is believed to be 
in a very prosperous condition, and reflects the highest 
credit upon the Commonwealth. 

A communication from the superintendent of the Amer- 
ican Asylum for the Deaf and Dumb, at Hartford, rela- 
tive to the condition of the Commonwealth's beneficiaries 
at that establishment, will be laid before you. I am dis- 
posed to think that a moderate allowance for the supply 
of clothing, to those whose circumstances require it^ might 
with propriety be made, especially as it can be done 



GOVERNOR'S ADDRESS. 461 

from the annunl appropriation already authorized, and 
without extra expense to the State. 

The Massachusetts State Prison has been visited, 
agreeably to law, by the Governor and Council. The 
reports of the board of inspectors, of the warden, of the 
chaplain, and physician will be submitted to you, and will 
fully exhibit the state of the institution. The financial 
condition of the establishment is highly prosperous, and 
bears ample testimony to the fidelity and skill with which 
it is conducted. 

The law authorizes the granting of pardons, on such 
conditions, as may be thought proper by the Governor 
and Council ; but no mode is provided to enforce the 
conditions, on which a person confined in prison may be 
released. If it be the opinion of the Legislature, that 
conditions, ought in certain cases, to be attached to par- 
dons granted to persons confined in the State Prison, or 
elsewhere ; I submit the expediency of providing a legal 
mode of ascertaining whether the conditions in any case 
have been violated, and of defining the legal consequences 
of such violation. 

Authority was granted, at the last session of the Gen- 
eral Court, for an arrangement with the directors of the 
Charlestown Branch Rail-road Company, relative to a 
passage across the lands of the Commonwealth, in the 
neighborhood of the prison. An agreement has been 
concluded with the directors, by the Governor and Coun- 
cil, in pursuance of this authority, on conditions believed 
to be advantageous to the State, and likely to promote 
the convenience of the public establishments at the 
prison. 

A law was passed, at the last session of the Legisla- 
ture, to encourage the manufacture of silk. The bounty 
provided has been paid to several applicants. Facts which 



462 GOVERNOR'S ADDRESS. 

have been developed, in the course of the year, appear 
to strengthen the hope, expressed at the commencement 
of the last session, that this branch of industry is destined 
to prove of immense importance to the Commonwealth. 
The difficulties in reeling, which were supposed to con- 
stitute the great obstacle to the introduction of the man- 
ufacture, have been overcome, and machinery for spin- 
ning and weaving, of admirable efficiency, has been con- 
trived. Specimens of silk fabrics from power looms at 
work in Massachusetts, have been exhibited to me, which 
warrant sanguine expectations of entire success in estab- 
lishing the manufacture. 

The annual report of the Adjutant General on the 
state of the Miliiia, will be laid before vou. 1 also be" 
leave to submit a communication from the same officer, 
prepared at my request, on the present condition of the 
Militia of the Commonwealth. Thi' views presented by 
him, on this important subject, appear, to me to merit the 
serious attention of the Legislature. I deem it my duty 
to express the opinion, that there is a necessity for a 
change in the militia law. in substantial accordance with 
the provisions of the bill, reported by the Committee on 
the Militia to the last legislature. Under the present 
law, the institution is greatly depressed, and in some re- 
spects disorganized. The slight remains of military duty 
still required to be performed, l)y the standing companies, 
are felt to be oppressive, because they are manifestly use- 
less. I am greatly fearful of the consequences of allow- 
ing this institution to sink into disrepute and ruin; and I 
know no page of our history, which teaches us that an 
efficient organization of the Militia can be safely dis- 
pensed with. 

1 should leave a much more grateful portion of my duty 
undischarged, did I not bear willing testimony to the pa- 



GOVERNOR'S ADDRESS. 463 

triotic zeal and thorough discipline of those portions of 
the volunteer force of the Commonwealth, which I have 
had an opportunity to see in the field, during the past 
season. The spirit evinced by them, both on the part of 
officers and men, in the present state of public opinion, is 
entitled to the warmest commendation. 

Resolves were passed, at the last session of the Gene- 
ral Court, relative to the Commonwealth's interest in the 
great question of the north eastern boundary of the Uni- 
ted States. The preamble to these resolves sets forth, 
that "great inconveniences and gross abuses have resulted 
from so valuable a portion of our territory being left in 
the keeping of agents, over whom we have no control." 
By the second of the resolves, it was declared, as the sense 
of the Legislature, that " in case there be a prospect of 
further unavoidable delay in the settlement of the contro- 
versy, it is essential to the ends of justice, that measures 
should be taken by the Executive of the United States, 
to obtain a representation of the interests of Massachu- 
setts and Maine, in the agency and guardianship of the 
land in question." 

I regret to have to state, that the condition of this im- 
portant question is not known to be more favorable, than 
at the time when the resolves above mentioned were 
passed. The negotiation is left, at the last disclosures of 
its progress, in a very unsatisfactory state. It will be 
seen from the report of the Land Agent, that the abuses, 
alluded to by the Legislature last year, continue un- 
checked. I have other information, which I presume to 
be correct, that the territory in controversy is the theatre 
of wholesale depredations, carried on from the neighbor- 
ing British Provinces. Besides other and higher grounds 
of complaint against such a state of things, the territory 
in dispute is rapidly depreciating in value. 1 have before 



464 GOVERNOR'S ADDRESS. 

expressed the opinion, formed after the maturest consid- 
eration of the subject, that the title of Maine and Massa- 
chusetts to the tract of country in controvery is, on any 
just grounds, as unquestionable, as, till a few years since, 
it was unquestioned. It is for the Legislature to decide 
what further representations it may be proper to make to 
the general government, on a subject so nearly concerning 
the public interest and honor. 

Authority was conferred on the Governor and Council, 
bv a resolve of the two Houses, at the last session, to 
appoint an Agent to take charge of Warren Bridge. 
This duty was attended to, and the account of the Agent 
appointed in pursuance of the resolve, as well as those 
of the Treasurer of the Warren Bridge Corporation, for 
the past year, has been duly audited and settled, in the 
manner provided by law. 

I have already taken the liberty, in another connexion, 
to invite your attention to the subject of the Western 
Rail-road. The prospects of this great enterprize are 
favorable. It is stated on good authority, that stationa- 
ry power will not be required on any portion of the route 
to Albany. The work has been commenced on twenty 
miles of the road from Worcester to Connecticut river, 
comprising the height of ground, and the most difficult 
portion of the route, between those two points. The 
state of the surveys is such, that the whole road can be 
put under contract without delay, and be carried on as 
rapidly, as a regard to true economy and the convenience 
of the stockholders will permit. The completion of this 
great line of communication, in a solid and durable style 
of construction, appears to me of paramount importance 
to the prosperity of the Commonwealth. It will deserve, 
in every stage of its progress, that favor, on the part of 



GOVERNOR'S ADDRESS. 465 

the people and government of the State, which has so 
happily been extended to it from the outset. 

Should it appear from the returns of the votes on the 
proposed amendment of the Constitution, that it has been 
adopted, the action of the Legislature will be required 
to carry it into effect. The great importance of this 
subject, will recommend it to your early attention. 

The abstract of the returns of the schools throughout 
the Commonwealth, prepared with great judgment and 
care, by the Secretary of State, has been already sub- 
mitted to you. I am persuaded that this document 
will be regarded with great interest by the Legisla- 
ture. The fact that a sum of money, exceeding the 
whole public expenditure of the Commonwealth, is raised 
by taxation and voluntary contribution, for the support of 
schools, must be deemed, in the highest degree, honorable 
to our citizens. 

While nothing can be farther from my purpose, than to 
disparage the common schools as they are, and while a 
deep sense of personal obligation to them will ever be 
cherished by me, it must yet be candidly admitted, that 
they are susceptible of great improvements. The school 
houses might, in many cases, be rendered more commo- 
dious. Provision ought to be made for affording the ad- 
vantages of education, throughout the whole year, to all 
of a proper age to receive it. Teachers well qualified to 
give elementary instruction in all the branches of useful 
knowledge, should be employed ; and small school libra- 
ries, maps, globes and requisite scientific apparatus should 
be furnished. I submit to the Legislature, whether the 
creation of a board of commissioners of schools, to serve 
without salary, with authority to appoint a secretary, on 
a reasonable compensation, to be paid from the school 
fund, would not be of great utility. Should the Legisla- 
60 



4^6 GOVERNOR'S ADDRESS. 

tuie take advantage of the ample means now thrown into 
their hands, greatly to increase the efficiency of the 
school fund, I cannot but think that they would entitle 
theixiselves to the gratitude of the whole People. The 
wealth of Massachusetts always has been, and always 
will be, the mind of her children ; and good schools are 
a treasure, a thousand fold more precious, than all the 
gold and silver of Mexico and Peru. 

Whether any extraordinary addition be made to the 
school fund, or it be left to its accumulation as already 
provided for, I beg leave respectfully to suggest the ex- 
pediency of reconsidering the provisions of law which 
govern its distribution. Unquestioned experience else- 
where has taught, that the principle of distribution estab- 
lished by the Revised Statutes, goes far to render a school 
fund useless. On the contrary, where it is apportioned 
in the ratio of the sums raised by taxation for the support 
of schools, (which is the principle adopted by the great 
and liberal Stale of New York,) the fund becomes at 
once the stimulus and the reward of the efforts of the 
People. 

The annual report of the Treasurer on the state of the 
finances, which has been laid before you, exhibits them 
in their usual prosperous condition. The amount of 
money borrowed to defray current expenses, in anticipa- 
tion of the revenue, is not greater than usual, at this 
period of the year, allowance being made for the sum of 
one hundred thousand dollars, borrowed on account of the 
Commonwealth's subscription to the Western Rail-road, 
a subject to which the attention of the Legislature has 
already been respectfully invited. 

The abstract of the annual returns of the Banks, 
which has been submitted to you, discloses in detail the 
condition of those institutions. The amount of specie 



GOVERNOR'S ADDRESS. 467 

on hand, compared with the immediate liabilities of the 
banks, is, in the aggregate, somewhat larger than at the 
period of the annual return for 1835. The financial 
pressure which has pervaded the country, has been se- 
verely felt in Massachusetts ; but it has been sustained 
with 'a fortitude and steadiness, that prove the solid 
foundations on which the business of the community 
rests. Let us hope that the causes of the distress will 
prove temporary, — that commerce will, at no distant pe- 
riod, flow freely in its accustomed channels, — and the 
great circulations of the country return to a healthy state. 

Such is the condition of public afliiirs, as far as it is my 
duty to submit it to the Legislature. It exhibits to our 
contemplation a degree of public prosperity, if not perfect, 
at least rarely equalled. It is the picture hastily sketch- 
ed, of a part of the public establishments of a common- 
wealth, happy within itself, in all the functions of self- 
government, and strong in the strength of a powerful 
confederacy ; happy in the cherished memory of worthy 
ancestors, in a singular approach to equality of fortune 
in the great body of the people, and in the great elemen- 
tal liberties of speech and the press ; happy in the admin- 
istration of equal justice, in numberless institutions for 
education, charity, and moral and religious culture ; and 
in the constant presence and kindly exercise of that spirit 
of christian benevolence, which after exhausting all the 
common offices of social duty, has carried hope to the 
convict's cell, taught the blind to see, the deaf to hear, 
and restored the light of reason to the bewildered mind. 

These are the blessings, which the government of 
Massachusetts, by an action felt only in its benefits, se- 
cures to the People. They constitute a heritage, which 
we are bound, by the most sacred obligation to transmit 



468 MESSAGE. 

to our posterity ; and a debt of gratitude to Heaven, 
which can never be duly paid. 

Permit me, fellow citizens of the Senate and House of 
Representatives, in taking leave of you at this time, to 
tender my respectful co-operation in every measure you 
may adopt, in the discharge of the duty we owe fo our 
joint constituents. 

EDWARD EVERETT. 

Council Chamber 1 2th January ^ 1 837. 



CHAP. 1. 

To the Senate and 

House of Representatives. 

I transmit herewith the documents numbered from 1 
to 10 inclusive, referred to in my Communication of yes- 
terday to the two Houses in Convention. A portion of 
the papers, owing to their voluminous character and the 
press of business in the office of the Secretary of State, 
are sent to the Senate only. 

EDWARD EVERETT. 

Council Chamber^ \Sth January^ 1837. 



MESSAGE. 469 



CHAP. II. 

To the Senate and 

House of Representatives. 

The two Houses are respectfully informed, that the 
office of Major General of the sixth division of the Mili- 
tia of the Commonwealth is vacant, in consequence of 
the resignation and honorable discharge of General Eras- 
tus Holbrook, late Commander of that division. 

EDWARD EVERETT. 

Council Chamber^ \9th January^ 1837. 



CHAP. III. 

To the Senate and 

House of Representatives. 

I transmit, for the information of the two Houses, 
copies of the Report of the Commissioners for enlarging 
the State Lunatic Hospital at Worcester. 

The attention of the Legislature was invited to this 
most important and interesting establishment, in the Com- 
munication which I had the honor to make to the two 
Houses in Convention. It is believed that the appropri- 
ations hitherto made for founding, sustaining, and enlarg- 



470 MESSAGE. 

ing this noble charity have been productive of an amount 
of good, which it is impossible to calculate in figures ; and 
that the institution is, in every respect, worthy of the 
continued patronage of the Commonwealth. The sug- 
gestions contained in the Annual Reports of the Super- 
intendent and Trustees on the practicability of applying 
the influence of religious worship to the comfort and res- 
toration of the inmates of the establishment appear to be 
warranted by experience and are entitled to the highest 
consideration. The salutary effect, which has already 
been produced by employment in agricultural labor, is also 
presented in a very forcible light in the reports referred 
to. The expediency of making such appropriations as 
will enable the Commissioners for enlarging the Estab- 
lishment, to effect that object in the course of the ensu- 
ing season, is respectfully submitted to the two Houses. 

EDWARD EVERETT. 

Council Chamber, 21st January, 1837. 



CHAP. IV. 

To the Senate and 

House of Representatives. 

I transmit, for the information of the two Houses, 
copies of the Report of the Commissioner of the District 
of Marshpee, of the state of the treasury and of the affairs 
of said district; and also copies of the Apportionment of 
the income of the Massachusetts School Fund for the 
past year. A warrant has passed in favor of the several 



TREASURER TO BORROW MONEY. 471 

cities, towns and districts in the Commonwealth, for their 
respective shares of the aforesaid income. 

EDWARD EVERETT. 

Council Chamber, January 28, 1 837. 



CHAP. V. 

To the Senate and 

House of Representatives. 

I transmit, for the information of the two Houses, 
copies of an official letter from his Excellency the Gov- 
ernor of Maryland, accompanying a preamble and resolu- 
tions of the General Assembly of that State, relative to 
" an extension of the franking privilege to the Governors 
and other State functionaries of the several States." 

EDWARD EVERETT. 

Council Chamber, January 30, 1837. 



CHAP. VI. 

Resolve authorizing the Treasurer to borrow money. 

February 2, 1837. 

Resolved, That the Treasurer of this Commonwealth 
is hereby authorized and directed to borrow of any of the 



472 JOHN E. BARTLETT. 

banks in this Commonwealth, or any corporation 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 ap- 
propriated, shall be received in the Treasury : provided, 
however, that the whole amount borrowed by authority 
hereof, and remaining unpaid, shall not at any time 
exceed the sum of two hundred and fifty thousand 
dollars. 



CHAP. VH. 

Resolve on the petition of John E. Bartlett. 

February 2, 1837. 

Resolved, for reasons set forth in the said petition, 
that the sum of eighty-four dollars be allowed and paid 
to John E. Bartlett of West Newbury, for forty-two 
days' attendance as a member of the House of Represen- 
tatives, for the year eighteen hundred and thirty-six ; and 
that a warrant be drawn accordingly. 



REVISED STATUTES. 473 



CHAP. VIII. 

A Resolve for the further distrihution\of the Revised Stat- 
utes and other books. 

February 2, 1837. 

Resolved^ That the Secretary of the Commonwealth 
be directed to distribute to each member of the Execu- 
tive and Legislative branches of the Government, who 
has not already received the same, one copy of the Re- 
vised Statutes, one copy of the Plymouth Colony Laws, 
one copy of the Treatise on the Mulberry, and a copy of 
one of the three following works, viz : The Conven- 
tion of 1780, the 4th volume of the Laws of Massa- 
chusetts, and the Ancient Laws and Charters. Also that 
the Secretary distribute to each member of the House of 
Representatives who has not heretofore received the same, 
one copy of the Reports on Contested Elections, until the 
residue of that work, remaining in the Secretary's office 
shall be exhausted ; and to each city, town and college 
in the State, one copy of the 4th and 5th volumes of the 
Special Laws of the Commonwealth. 

Resolved, That the Secretary of the Commonwealth 
is hereby authorized to purchase such a number of copies 
of the Revised Statutes and Plymouth Colony Laws, as 
may be necessary to carry into effect the preceding Re- 
solve ; and that a warrant be drawn upon the Treasury 
accordingly. 

61 



474 SAMUEL SMITH. 



CHAP. IX. 

Resolve on the petition of the Heirs of Samuel Smith. 
February 2, 1837. 

Resolved, for reasons set forth in the said petition, that 
the guardians or such as may hereafter be appointed 
guardians of the minor heirs of Samuel Smith, late of 
Amherst, in the county of Hampshire, are hereby fully 
empowered to release all the interest of their respective 
wards in certain real estate, situated in the towns of Am- 
herst and Hadley, in the county aforesaid, which is par- 
ticularly described in the last will and testament of the 
said Samuel Smith, which has been duly proved in the 
Probate Court for the county aforesaid, to the devisees 
of the several parts thereof, or their administrators, or to 
such persons as may become the purchasers of such parts, 
in as full and ample a manner as the said minors might do 
if they were severally of full age ; any restrictions, condi- 
tions or limitations in the said last will and testament of the 
said Samuel to the contrary notwithstanding : provided, 
however, that the releases aforesaid shall be made and 
executed in such a manner, and for such consideration, as 
shall be approved by the Judge of Probate for the said 
county of Hampshire, and that the guardians aforesaid 
shall, previous to the execution on their part of said 
deeds of release, severally give bonds with sufficient 
sureties, to said Judge of Probate, with condition to ac- 
count for and dispose of the proceeds of said sale accord- 
ing to law. 



MESSAGE. 475 



CHAP. X. 

To the Senate and 

House of Representatives. 

I transmit to the Honorable Senate, for the informa- 
tion of the two Houses, the Report of the Commission- 
ers for the survey of Boston Harbor, appointed under a 
Resolve of 5th March, 1835, together with the plans of 
the survey. 

The lines proposed by the commissioners and indicat- 
ed upon the plans of the survey, beyond which no 
wharves shall be extended into or over the tide waters of 
the Commonwealth, are subject to the sanction of the 
Legislature. The important interests, both on the part 
of individuals and the public which are involved in the es- 
tablishment of these lines, will recommend the subject to 
the early attention of the two Houses. 

I also transmit the account of the Commissioners for 
the survey of the Harbor, and the vouchers by which it 
is supported. The sum of five thousand dollars appro- 
priated by a Resolve of 6th April, 1835, has been, from 
time to time, placed at the disposal of the Commission- 
ers. Although it is believed that no unnecessary expen- 
diture has taken place, the cost of the survey has some- 
what exceeded that sum. The expediency of a further 
appropriation to cover this excess, as also of a suitable 
provision for the compensation of the commissioners, 
charged with the conduct of the survey, is respectfully 
submitted to the two Houses. 

It will be perceived from the Report of the Commis- 



476 THOMAS SQUIERS. 

sioners, that, in their judgment, the preservation of the 
harbor requires not merely the establishment of the lines 
laid down in the plans of the survey, but the establish- 
ment of a similar line, above the limits of that survey, on 
either side of the city. 

Should the Legislature coincide with the Commission- 
ers in the apprehension, that gradual encroachments upon 
the borders of South Bay and the natural reservoirs to the 
West and North of the City may seriously injure the har- 
bor and channel of Boston, the expediency of authorizing 
a further survey will deserve serious consideration. 

EDWARD EVERETT. 

Council Chamber, February 10, 1837. 



CHAP. XI. 

Resolve on the petition of Thomas Squiers. 

February 11, 1837. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Thomas Squiers, the 
sum of fifty dollars, in full for services rendered by him 
in the revolutionary war, and that a warrant be drawn 
therefor. 



JOHN AND JOSEPH BALLARD. 477 



CHAP. xn. 

Resolve on the petition of John Ballard and Joseph Bal- 
lard, of the city of Boston, in the county of Suffolk, 
Merchants. 

February 11, 1837. 

Resolved, for reasons set forth in the said petition, 
that the said John Ballard and Joseph Ballard are hereby 
authorized to sell and convey, either at public or private 
sale, as they may deem most for the interest of all con- 
cerned, all or any part of the real estate situated in the 
towns of Saugus and Lynn, in the county of Essex, of 
which John Ballard, late of said Boston, died seized, and 
which the said John Ballard, deceased, by his last will 
devised to the petitioners and his daughter, Sally Carter, 
for the term of ten years after the decease of the said 
devisor, and the remainder to his grand-children, the 
children of the petitioners, and the said Sally Carter; 
and to make and execute deeds to pass all the title 
thereto, which the said John Ballard, deceased, had at 
the time of his decease ; they, the said petitioners first 
giving bond to the Judge of Probate for the county of 
Suffolk, to appropriate the proceeds to the use of the 
devisees in the said will of John Ballard, according to 
the true intent and meaning of the testator. 



478 PETER O. THACHER. 



CHAP. XIII. 

A Resolve for the purchase of the Eleventh Annual Re- 
port of the Prison Discipline Society. 

February 11, 1837. 

Resolved, That the Secretary of the Commonwealth 
be authorized and directed to purchase seven hundred 
and fifty copies of the Eleventh Annual Report of the 
Prison Discipline Society, at a price not exceeding twen- 
ty-five cents per copy, for distribution to the members of 
the General Court, and that a warrant be drawn accord- 
ingly. 



CHAP. XIV. 

Resolve on the petition of Peter O. Thacher, Administra- 
tor on the estate of Ann Doyle, late of Boston, in the 
county of Suffolk, widow, deceased, with the will an- 
nexed. 

February U, 1837. 

Resolved, for reasons set forth in the said petition, 
that the petitioner is hereby empowered to sell by public 
auction, all the interest and estate which the said Ann 
Doyle had, and whereof she was seized and possessed, 
at the time of her decease, in and to a certain estate in 



PETEK O. THACHER. 479 

Lendell's Lane, which is bounded and described as fol- 
lows, viz: "Southerly on Lendell's Row, so called, 
sixteen feet and three inches ; westerly on land formerly 
of David Spear, sixty-eight feet and six inches, including 
the passage-way of three feet and nine inches, which 
passage-way is to be kept open ; northerly on land of 
Parsons, sixteen feet and ten inches; easterly on land 
now or formerly of Snow Stutson, sixty-eight feet and 
six inches, including the forementioned passage-way to 
Congress street, with the privileges and appurtenances 
to the same belonging." And also all the interest and 
estate which the said Ann Doyle had, and whereof she 
was seized and possessed at the time of her decease, in 
and to another estate, situated in Corn Court, so called, 
which is bounded and described as follows, viz : " North- 
erly on land formerly of Belcher Noyes, Esq. there 
measuring sixteen feet ; easterly on said court thirty- 
three feet ; southerly on land formerly of Jacob Wendell, 
sixteen feet, and westerly on said Wendell ; or however 
otherwise the same, or the other first described estate, 
may be now bounded or described, with all the rights 
and privileges appurtenant ; and saving and reserving the 
privilege of the well, and a passage-way through the 
yard, as particularly mentioned in the deed conveying the 
last mentioned estate from William Stephenson to Peter 
Doyle, deceased, both the said estates being situated in 
Boston aforesaid ; and to make and execute sufficient 
deeds in fee simple to the purchaser or purchasers, his 
or their heirs or assigns, and to pay over the nett pro- 
ceeds thereof, to the legatees named and described in the 
said will, or to their lawful attorney : provided, that said 
petitioner shall first give bond, with sufficient surety or 
sureties, to the judge of probate of the county of SuffiDlk, 
for the faithful sale of said estates ; that he will render to 



480 MESSAGE. 

the said judge a reasonable account of the same ; and 
that he will remit the net proceeds of such sale to the 
legatees, according to said will. And the said petitioner 
is hereby authorized and required to file, in the probate 
office of the said county of Suffolk, evidence of the notice 
which he shall give of such sale, and of his doings in the 
premises, that the same may be perpetuated ; and he is 
hereby authorized to deduct from the proceeds of such 
sale all sums of money which he hath already paid for 
ihe necessary repairs of the buildings on said estates, or 
which are now due therefor ; also the expenses attending 
the last sickness and funeral of Ann Collins, who is men- 
tioned in the said will, and to whom the said Ann Doyle 
gave permission to occupy and enjoy the said estates 
during her natural life; and the said judge of probate is 
hereby authorized to allow to the petitioner, in any 
account which he shall render as herein before prescribed, 
a suitable compensation for his care and trouble in the 
performance of said trust, and his necessary expenses, 
according to the will of the said Ann Doyle, deceased. 



CHAP. XV. 

To the Senate, and 

House of Representatives. 

I transmit to the honorable Senate, for the informa- 
tion of the Legislature, a communication from the Trigo- 
nometrical Surveyor of the Commonwealth, containing 
an estimate of the expenses of the survey for the present 
year. This communication is accompanied with an ab- 



PLYMOUTH COLONY LAWS. 481 

stract of the journal for the year 1836, of the Surveyor 
made quarterly, and presenting a view of his daily opera- 
tions, with other papers, which will enable the Legisla- 
ture to form a judgment of the progress of the survey. 
It is respectfully requested, as these papers are trans- 
mitted in the original, that they may be returned to be 
placed on file in the office of the Secretary of State. 

EDWARD EVERETT. 

Council Chamber, February 14, i 837. 



CHAP. XVL 

Resolve to pay for compiling and superintending the pub- 
lication of the Plymouth Colony Laws. 

February 15, 1837. 

Resolved, That there be paid out of the Treasury of 
this Commonwealth to William Brigham, the sum of six 
hundred dollars, in compensation for his services in com- 
piling and preparing for publication, the Laws of the Col- 
ony of Plymouth, and for making marginal notes, and an 
index to the same, and superintending the printing thereof: 
and also the further sum of one hundred dollars for money 
paid for copying said laws and other documents published 
therewith from the records, and for examining the proofs 
and other expenses connected with the same, and that a 
warrant be drawn accordingly. 
62 



482 EBENEZER BREED. 



CHAP. XVII. 

Resolve on the Petition of John Otis. 

February 17, 1837. 

Resolved^ for reasons set forth in said petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth to John Otis, the sum of seven dollars 
and forty-three cents, and that a warrant be drawn there- 
for. 



CHAP. XVIII. 

Resolve on the petition of Ehenezer Breed. 

February 17, 1837. 

Resolved, for reasons set forth in the said petition, 
that Ebenezer Breed, surviving trustee under a deed of 
trust, executed hy Elisha T. Holmes to said Ebenezer 
Breed and Nathan Tufts, and of John Harris, guardian 
to said Holmes, in his said capacity, is hereby empower- 
ed to sell and convey all the right, title, and estate which 
he holds as surviving trustee aforesaid, in and to a certain 
parcel of land, situate on the Salem turnpike, in Charles- 
town, with the buildings thereon, the whole whereof is 
bounded and described as follows : easterly on land of the 



EBENEZER BREED. 483 

late Aaron Hardy, deceased. This line runs twelve feet 
from the Salem turnpike aforesaid, till it comes to the 
brick wall, where it juts to the westward eight inches, 
then runs twenty-three feet through the middle of 
said brick wall, to a jut at the other end of said wall, 
then juts to the eastward eight inches, then runs sixty- 
four feet and four inches from the last mentioned jut, to 
the northern boundary, at land late of Aaron Putnam, de- 
ceased, then turning and bounding northerly on land late 
of said Putnam, thirty-eight feet ; then turning and bound- 
ing westerly on land of said Ebenezer Breed, one hun- 
dred and three feet, to the Salem turnpike aforesaid ; then 
turning and bounding on said turnpike, forty-eight feet to 
the easterly boundary first mentioned : And to convey 
the same to the purchaser or purchasers thereof; the said 
surviving trustee to hold the proceeds of said sale, under 
the trusts, and for the purposes in said deed of trust men- 
tioned and set forth, and for no other : provided, however^ 
that, previous to such sale, the said Breed shall give bond, 
with sufficient surety, to the Judge of Probate for the 
county of Middlesex, conditioned that the said Breed 
shall faithfully, and according to his best judgment, exe- 
cute the authority hereby conferred, and that he will in- 
vest the proceeds of said sale in such manner as said 
Judge of Probate shall approve, and will appropriate the 
interest and the principal of the same for the purposes in 
said deed of trust mentioned and set forth, which bond the 
said Judge of Probate is hereby authorized to take. 



WILLIAM C. HENLEY. 



CHAP. XIX. 



Resolve on the petition of the President and Trustees of 
Bowdoin College in the State of Maine. 

February 17, 1837. 

Resolved, for reasons set forth in the said petition, 
that the Land Agent of this Commonwealth be authoriz- 
ed and directed to release to the president and trustees 
of Bowdoin College all the claim of this Commonwealth 
arising from the breach of the performance of the condi- 
tions of settling duties annexed to two townships of land 
granted to said college by this Commonwealth by Resolve 
of March third, in the year one thousand eight hundred 
and eight, and to discharge and cancel accordingly any 
bond or other security which may have ])een given by said 
president and trustees, or by the treasurer of Bowdoin 
College in their behalf, agreeably to a Resolve of this 
Commonwealth, passed April first, in the year one thou- 
sand eight hundred and thirty-six. 



CHAP. XX. 

Resolve on the petition of William C. Henley. 

February 17, 1837. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to William C. Henley, 



CONCORD AND DANVERS. 485 

the sum of fifty dollars on account of an injury received 
while in the performance of military duty, and that a 
warrant be drawn therefor. 



CHAP. XXI. 

Resolve authorizing the Adjutant General to sell certain 
lands in the towns of Concord and Danvers. 

February 18, 1837. 

Resolved, That the Adjutant General is hereby author- 
ized to sell and convey by deed, to any person or persons, 
all the right of the Commonwealth in a certain tract of 
land in the town of Concord, on which the Gun House 
now stands : provided, that another tract of land, which, 
in the opinion of the Adjutant General, shall be a suita- 
ble site for a gun house, shall be conveyed to the Com- 
monwealth, and that the said gun house shall be removed 
on to the same, and be put into repair, without any cost 
to the Commonwealth. 

Resolved, That the Adjutant General is hereby author- 
ized to sell and convey by deed or otherwise, the Gun 
House in Danvers, and the land on which it stands, and 
account with the Treasurer of the Commonwealth for the 
proceeds of such sale. 



486 WILLIAM PRESCOTT. 



CHAP. XXII. 

To the Senate and 

House of Representatives. 

I transmit to the two Houses a copy of a letter, 
received this day, from the Honorable William Jackson, 
from which it appears that he declines accepting the 
place of Director of the Western Rail-road, to which he 
was lately re-elected by the Legislature. 

EDWARD EVERETT. 

Council Chamber^ February 20, 1837. 



CHAP. XXIII. 

Resolve on the petition of William Prescott. 

February 22, 1837. 

Resolved^ That there be allowed and paid out of the 
Treasury of this Commonwealth, to William Prescott, 
the sum of sixteen dollars annually, during his natural life, 
in addition to his present pension of one hundred and 
four dollars, to which he is now entitled, and that a war- 
rant be drawn therefor. 



DEMING JARVES. 487 



CHAP. XXIV. 

Resolve on the petition of Deming Jarves^ Trustee. 

February 23, 1837. 

Resolved, for the reasons set forth in said petition, 
that the said Jarves, in his said capacity, is hereby au- 
thorized to make sale of, and convey, at a price not less 
than five dollars for each superficial square foot, all that 
messuage, land and premises, situated in the city of Bos- 
ton, and bounded westerly by Washington street, there 
measuring fifteen feet eight inches ; northerly by a court 
or passage-way, called Norfolk Place, forty-five feet one 
inch ; easterly by a passage-way fifteen feet six inches, 
and southerly by land of John Mackay, forty-eight feet. 
Also, a certain other parcel of land in said city, bounded 
northerly on Norfolk Place, nineteen feet ; easterly on 
other land held by said Jarves, twenty-one feet nine 
inches ; southerly on land of John Mackay, nineteen feet 
five inches ; westerly on a passage-way, twenty-one feet 
nine inches, together with the title and interest which 
said trustee has in and to said passage-ways. And the 
proceeds of such sale shall be taken and held by the said 
Jarves upon the same trusts, and for the same purposes, 
as the said real estate was or should have been held by 
him under the last will of John Jarves, deceased ; and 
the same shall be invested by said Deming Jarves in such 
manner as shall be approved by the Judge of Probate in 
the county of Suffolk : provided, however, that before 
said Jarves shall make the sale herein before authorized, 



488 MESSAGE. 

he shall execute and deliver to the Judge of Probate in 
said county of Suffolk, a bond, with sufficient surety or 
sureties, to be approved by said judge, with a condition 
that said Jarves shall faithfully account for the proceeds 
of said sales, and hold and apply the principal sum and 
income or produce thereof, in conformity with the trusts 
declared in the will of the late John Jarves, concerning 
said real estate. 



CHAP. XXV. 

To the Seriate and 

House of Representatives. 

I transmit to the two Houses, copies of a letter from 
His Excellency the Governor of Maine, requesting a re- 
lease to that state of all claim to land formerly conveyed 
to Massachusetts, by deed or lease, for the purpose of 
being occupied as sites for gun-houses, within the limits 
of the state of Maine. 

I also transmit copies of a communication of the Adju- 
tant General, to whom the Letter of the Governor of 
Maine was referred. 

EDWARD EVERETT. 

Council Chamber, March 1, 1837. 



RICHARD C. GREENLEAF. 489 



CHAP. XXVI. 

Resolve to pay for Standard Weights in the Treasury. 

March 4, 1837. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Daniel Treadwell, 
Henry G. Rice, and Hezekiah Barnard, treasurer and 
receiver general, commissioners, appointed by virtue of 
the resolve concerning the standard weights and measures 
in the treasury, passed October the thirteenth, in the 
year one thousand eight hundred and thirty-five, the sum 
of three hundred and seventy dollars and twenty-three 
cents, in full compensation for services rendered by them 
as such commissioners ; and that there be also allowed 
and paid out of the treasury, to Henry Plympton, the 
sum of twelve hundred and eighty dollars, in full compen- 
sation for weights and balances furnished by him for said 
treasury ; and that warrants be drawn accordingly. 



CHAP. XXVII. 

Resolve on the petition of Richard C. Greenleaf Trustee. 

March 4, 1837. 

Resolved, for the reasons set forth in said petition, 
that said Richard C. Greenleaf, in his said capacity of 



490 RICHARD C. GREENLEAF. 

trustee, is hereby authorized and empowered to make 
sale of, and convey unto William H. Prentice, of the city 
of Boston, all his the said Richard's right, title and estate 
held as trustee of, in and to two undivided twelfth parts 
of all that parcel of land, wharf, dock and flats, in said 
city of Boston, which are situated on the easterly side of 
Broad street, known and called by the name of Dawes' 
wharf, and lie between the land and wharf of Thomas 
Tileston on the south, and the land and wharf of said 
Prentice on the north, for the consideration of ten hun- 
dred and forty-one dollars and sixty-seven cents, for each 
of said twelfth parts. And that the said Richard, in his 
said capacity, may, with the approbation of the judge of 
probate for the time being, in the county of Suffolk, make 
sale of and convey two undivided twelfth parts of all that 
parcel of land situated in said city of Boston, bounded 
westerly by Purchase street, northerly by the land of John 
Somes, easterly by Broad street, and southerly by the 
land of Thomas Tileston, for such consideration as to said 
judge of probate shall seem reasonable. The proceeds of 
any sale or sales made of said trust-premises by virtue 
hereof, shall be taken and held upon the same trusts as 
the said real estate was or should have been held by said 
trustee, and the same shall be invested in such manner 
as shall be approved by said judge of probate : provided^ 
however^ that before the said Greenleaf shall make the 
conveyance of said real estate, or any part thereof, in 
virtue of this resolve, he shall execute and deliver to the 
judge of probate in said county of Suffolk, a bond with 
surety or sureties, to be approved by said judge, with a 
condition that the said Greenleaf shall well and faithfully 
account for the j)roceeds of said sales, and will hold and 
apply the principal sum and income or produce thereof, in 
conformity with the trusts declared in the will of the 



AUDITED ACCOUNTS. 491 

late Thomas Dawes the younger, concerning said two 
twelfth parts of said real estate. 



CHAP. XXVIII. 

Resolve on the petition of Abigail Lindley. 

March 4, 1837. 

Resolved^ for reasons set forth in the said petition, that 
there be allowed and paid out of the treasury of the 
Commonwealth to Abigail Lindley, the sum of fifty dol- 
lars in full for services rendered by her late husband Levi 
Lindley, in the revolutionary war, and that a warrant 
be drawn therefor. 



CHAP. XXIX. 

Resolve to pay Audited Accounts. 

March 6, 1837. 

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 fourteen thousand, nine hun- 
dred and twenty-four dollars and eighty-six cents, the 
same being in full discharge of the accounts and demands 
to which they refer, and that a warrant be drawn there- 
for. 



^ommon^talt^ of J^a^i^aittus^etti^. 



Treasury Office, February 28th, 1837. 

The Treasurer having examined and adjusted the 
accounts 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. 

DAVID WILDER, Treasurer, 

To the Honorable Senate 

and House of Representatives. 



ROLL or ACCOUNTS, 

Audited by the Treasurer, and reported February 2Sth, 

1837. 

SHERIFFS. 

Brown, Henry C, for returning votes and dis- 
tributing blanks, &c. to November, 1836, 

Crocker, David, for returning votes and distrib- 
uting blanks, to November 27, 1836, 

Folger, Peleg S., for returning votes, &c. to 
November 16th, 1836, 

Hayvvard, Nathan, for returning votes and dis- 
tributing blanks, to November, 1836, 

Leonard, Horatio, for returning votes and dis- 
tributing blanks, to November, 1836, 

Pease, Isaiah D., for returning votes and dis- 
tributing blanks, to December 25, 1836, 

Rice, Caleb, for returning votes and distributing 
blanks, to November, 1836, 

Sprague, Joseph £., for returning votes and 
distributing blanks, to November, 1836, 

Varnum, Benjamin F., for returning votes and 
distributing blanks, to November, 1836, 

Willard, Calvin, for returning votes and dis 
tributing blanks, to November 18, 1836, 

^447 83 



95 


60 


43 


60 


> 

39 


44 


43 


30 


30 


70 


42 50 


45 

1 


90 


I 

21 

1 


20 


35 


30 


50 


29 



494 PRINTERS. 



CORONERS. 

Brown, Nathan, for taking an inquisition, &c. 

May 26, 1836, 11 25 

Burdon, Aaron, for taking an inquisition, &c. 

January 18, 1836, 24 01 

Foote, Enoch, for taking an inquisition, &c. 

July 31, 1836, 4 00 

Kingsbury, Aaron, for taking an inquisition, &c. 

July 16, 1836, 18 32 

Shute, Ebenezer, for taking inquisitions, &c. 

to January 28, 1837, 128 56 

Smith, Mace, for taking an inquisition, &c. 

June 23, 1836, 20 48 

Stowers, Joseph, for taking an inquisition, &c. 

October 20, 1836, 13 20 

Snow, Prince, for taking inquisitions, &c. 

August 9, 1836, 49 04 

Wade, William F., for taking inquisitions, &c. 

to November 1, 1836, 34 20 



^303 06 

PRINTERS. 

Allen, P. &. Son, for advertising and for publish- 
ing the laws of 1836, 17 42 

Badger & Porter, for papers supplied to Feb- 
ruary 28th, 1837, 213 72 

Beals & Greene, for advertising, &c., and for 

papers to February 28, 1837, 433 85 

Bowles, Samuel, for advertising and for publish- 
ing the laws of 1836, 17 66 



PRINTERS. 495 

Breck, Joseph, k, Co., for papers supplied to 

February 28th, 1837, 120 00 

Briggs, Lewis, & Co., for publishing the laws 

of 1836, 16 66 

Clapp, William W., for advertising and for pa- 
pers to February 28, 1837, 97 25 

Cushing, John D., for advertising and for pub- 
lishing the laws of 1836, 37 16 

Daily Advocate, James H. Paine, Agent, for 
advertising and for papers to February 28, 
1837, 500 68 

Danforth, Allen, for advertising and for publish- 
ing the laws of 1836, 41 17 

Dearborn &. Bellows, for advertising and for 

publishing the laws of 1836, 83 82 

Dill and Nichols, for papers supplied to Feb- 
ruary 28, 1837, 34 77 

Earle, John M., for advertising and for publish- 
ing the laws of 1836, 17 66 

Ela, David H., for papers supplied to February 

21, 1837, 15 08 

Farmer, J., for advertising and for publishing 

the laws of 1836, 40 67 

Fish, Eben, for publishing the laws of 1836, 16 67 

Ford, John, for papers supplied to February 

18, 1837, 187 36 

Foote & Chisholm, for advertising and for pub- 
lishing the laws of 1836, 87 91 

Goodrich, I. T. for publishing the laws of 1836, 16 67 

Gourgas, Francis R., for advertising and for 

publishing the laws of 1836, 19 17 

Haughton, Richard, for advertising, &c., and for 

papers to February 28, 1837, 386 02 



496 PRINTERS. 

Harrington & Co., for papers supplied to Feb- 
ruary 28, 1837, 14i 00 

Hack, C. A., for advertising and for publishing 

the laws of 1836, 24 42 

Hawley, W. A., for advertising and for publish- 
ing the laws of 1836, 23 67 

Homer & Palmer, & Joseph H. Adams, for ad- 
vertising, &;c., and for papers to February 
28, 1837, 392 69 

Huntress, Leonard, for advertising and for pub- 
lishing the laws of 1836, 83 82 

Lansing, A., for papers supplied to February 

28, 1837, 9 24 

Leonard, George, 2d, for publishing the laws 

of 1835 and 1836, 33 33 

Morss & Brewster, for advertising and for pub- 
lishing the laws of 1836, 78 32 

Nichols, William, for papers supplied to Feb- 
ruary 18, 1837, 47 81 

Palfrey & Chapman, for advertising, Sic, and 

for papers to April 14, 1836, 67 21 

Proprietors of the Daily Advertiser, for adver- 
tising, &c., and for papers to February 28, 
1837, 246 01 

Proprietors of the Boston Courier, for advertis- 
ing, &c., and for papers to February 28, 
1837, " 316 24 

Proprietors of the Worcester Palladium, for ad- 
vertising and for publishing the laws of 1836, 22 QQ 

Proprietors of the Landmark, for advertising 

and for publishing the laws of 1836, 20 67 

Proprietors of the Boston Investigator, for pa- 
pers supplied to February 28, 1837, 4 92 



MISCELLANIES. 497 

Reed, David, for papers supplied to February 

28, 1837, 25 84 

Willis, Nathaniel, for papers supplied to Feb- 
ruary 28, 1837, 49 78 

Woodbury, Charles W., for publishing the laws 

of 1836, 16 66 



^4008 56 

MISCELLANIES. 

Baxter, Hannah N., for making carpets, &c. for 
the Senate Chamber and Representatives 
Hall, to December 30, 1836, 106 21 

Boston, City, for amount of expenditures incur- 
red for repairs, &lc. of the buildings on Rains- 
ford Island, to 28th December, 1836, 2,497 78 
Butler, J. H., for "750 notices on beet sugar," 

&c. to Feb. 7th, 1837, 136 54 

Calhoun, Charles, for services (per order of the 
Senate of April 6th, 1836,) in arranging the 
files of the Senate and making a catalogue 
and index of the same, to Dec. 17th, 1836, 693 00 
Committee on Charitable Institutions, for ex- 
penses in visiting the State Lunatic Hos- 
pital at Worcester, per order of Feb. 3, 1837, 
viz. 
Henry H. Child, - 5 00 

Ethan A. Greenwood, 5 00 

Rufus Saxton, 5 00 

Jerome V. C. Smith, 6 00 

Charles Thompson, 6 00 

Cotton & Barnard, for paper furnished the Sec- 
retary March 4, 1 836, 9 63 
64 



498 MISCELLANIES. 

Davis, I. & I., for paving materials, &:c. about 

the State House to June, 1836, 469 31 

Delano & Whitney, for paints, varnish, oil, &c. 

&c. to July 28, 1836, 150 22 

Doggett, John & Company, for carpeting, &;c. 
for the Senate Chamber and Representatives 
Hall, to January 14, 1837, 1,032 41 

Durivage, Francis S., for his services in prepar- 
ing documents for the public service, to Jan- 
uary 3, 1837, 158 12 

Gore, Christopher, for painting, &c. in the State 

House, &c. to December, 1836, 335 87 

Hendee, Charles J., for 100 blank books fur- 
nished the Adjutant General, June 2, 1836, 75 00 

Homes, Homer & Co., for quills furnished the 

Senate Dec. 3, 1 836, 20 00 

Institution for the instruction of the Blind, for 
a set of cushions for the House of Repre- 
sentatives, to January 3, 1837, 876 04 

Leach, William, for his services in preparing doc- 
uments for the public service, to January 3, 
1837, 51 75 

Leighton, Charles, for superintending repairs, 
painting, &c. at the State House, to Decem- 
ber, 1836, 150 00 

Loring, Josiah, for stationary, &c. for the Adju- 
tant General, to December 31, 1836, 29 87 

Loring, Benjamin &. Co., for paper for the Ad- 
jutant General, to Feb. 26, 1835, 12 00 

Loring, James, for Massachusetts Registers, to 

21st January, 1837, 11 67 

Low, John v., for painting and setting glass, 

to June, 1836, 3 76 



AGGREGATE. 499 

Minott, John, Keeper of Rainsford Island, his 

annual allowance for 1836, including wood, 104 44 

Parker, William & Co., for log-book paper, &c. 

for the Secretary, to 30th April, 1836, 4 75 

Reading, George & Co., for painting, &c. in 

the State House, 503 76 

Randall, Alfred, for coloring. Sic. in the State 

House, to July 25ih, 1836, 74 00 

Wadsworth, Alexander, for surveys, plans, &c. 
of the estate on Hancock street, to July 4th, 
1836, 8 00 

Wheeler, John H., for carpenter's work, &c. in 
and about the State House, &c. &c. to Jan- 
uary 27th, 1837, 2,464 29 

Willard, Simon, & Co., " for a large first rate 
clock for the Representatives' Room, war- 
ranted," Nov. 1st, 1836, 160 00 



#10,165 41 



AGGREGATE. 

Sheriffs, 447 83 

Coroners, 303 06 

Printers, 4008 56 

Miscellanies, 10,165 41 

#14,924 86 



500 COMMON LAW. 



CHAP. XXX. 

Resolve providing for a Codification of so much of the 
Common Law as relates to Crimes and Punishments 
and the incidents thereof 

March 10, 1837. 

Resolved, That his excellency the governor be au- 
thorized to appoint, with the advice and consent of the 
council, five commissioners, who shall reduce so much of 
the Common Law of Massachusetts, as relates to crimes 
and punishments and the incidents thereof, to a written 
and systematic Code, specifying separately such altera- 
tions and amendments therein, as they may deem expe- 
dient, and to report such Code to the Legislature. 

Resolved, That the said commissioners be authorized, 
in the prosecution of their labors, to employ such persons 
as they may think proper, to execute particular parts of 
the work, under their direction and supervision ; and also 
to appoint a secretary, who shall receive such compensa- 
tion for his services, in that capacity, as the General 
Court may judge reasonable. 



PROVINCIAL CONGRESS. 501 



CHAP. XXXI. 

Resolve on the petition of Nathaniel French, 2d. 

March 10, 1837. 

Resolved^ for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of the 
Commonwealth to Nathaniel French, 2d, of Canton, in 
the county of Norfolk, the sum of eight hundred dollars, 
and that a warrant be drawn therefor. 



CHAP. XXXII. 

Resolve for printing the Journal of the Provincial Con- 
gress, 

March 10, 1837. 

Resolved, That the governor be authorized to procure 
the publication, for the use of the Commonwealth, of fif- 
teen hundred copies of the Journals of each Provincial 
Congress of Massachusetts, with such papers, connected 
therewith, as illustrate the patriotic exertions of the peo- 
ple of the state in the revolutionary contest. To be dis- 
tributed, when published, in the same manner as the Gen- 
eral Laws are now distributed. 



602 DAVID STOCKBRIDGE, AND OTHERS. 



CHAP. XXXHI. 

Resolve on the petition of David Stockbridge and others. 

March 10, 1837. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of the 
Commonwealth, to David Stockbridge, of Whately, in the 
county of Franklin, the sum of sixty dollars; to Reuben 
Belding, of said Whately, the sum of twenty-five dollars ; 
to Thomas Crafts, of said Whately, the sum of fifty-five 
dollars ; to Asa Bardwell, of said W^hately, the sum of 
ten dollars ; to Dexter Crafts, of said Whately, the sum of 
ten dollars ; to Levi Morton, of said Whately, the sum of 
ten dollars ; to Oliver Morton, of said Whately, the sum 
of sixteen dollars ; to Oliver Graves, of said Whately, the 
sum of five dollars ; to Gad Crafts, of said Whately, the 
sum of two dollars ; to Rufus Crafts, of said Whately, 
the sum of three dollars ; to Jacob Mosher, of said Whate- 
ly, the sum of three dollars ; to John Wait, of said 
Whately, the sum of fifteen dollars ; to Justus Crafts, of 
said Whately, the sum of three dollars ; in full,, for dam- 
age by them severally sustained by the survey and run- 
ning the base line through their several lots of land, under 
the authority of the Commonwealth, and that a warrant 
be drawn therefor. 



SECRETARY'S APARTMENTS. 503 



CHAP. XXXIV. 

Resolve on the petition of Ebenezer Horsum. 

March 15, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Ebenezer Horsum, 
the sum of fifty dollars, in full, for services by him per- 
formed in the revolutionary war, and that a warrant be 
drawn therefor. 



CHAP. XXXV. 

Resolve providing for alterations of the apartments occu- 
pied by the Secretary of the Commonwealth. 

March 15, 1837. 

Resolved, That the secretary of the Commonwealth is 
hereby authorized to cause such alterations to be made 
in the apartments now occupied by him, and the council 
chamber and rooms adjacent, as are defined in the plans 
accompanying this resolve, and that a warrant be drawn 
for such sums as may be necessary to defray the expense 
of such alterations. 



ROLL, No. Ill JAN. 1837. 



The Committee on Accounts having examined the 
several accounts for the support of State Paupers, which 
have been presented to them, report. 

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

By order of the Committee, 

WILLIAM WARD, Chairman, 

February 25, 1837. 



Amherst, for support of Peter and Sarah Jack- 
son, Samuel and Lucy Suglin, adults, Harriet 
Emily and James Suglin, children, and fu- 
neral charges for Anthony Rich, 63 38 

Amesbury, for support of Robert Baker and 

Michael Delano, adults, 28 00 

Adams, for support of paupers, viz : fourteen 

adults and eight children, 414 44 

Ashburnham, for support of William Stineger 

and Hiram Stineger, adults, 34 93 



PAUPER ACCOUNTS. 505 

Andover, for support of Sukej Hornsby, Flora 
Chandler, Rosannah Coburn, Mary Galispie, 
Elisha Frost, Dennis Driskey, Madison Hunt, 
John Mcintosh, Mary Sigourney, Harriette 
Ide, Lucy Foster, adults, Hannah Hiland 
and Caroline Ide, children, and funeral 
charges, 236 48 

Abington, for support of Antonio Julio, Marga- 
ret Jack and Daniel O'Rourke, adults, 62 29 

Bedford, for support of Violet Moore, 25 62 

Billerica, for support of James and Thomas 
Malade, and Augustus Merry, children, and 
funeral charges for William Breslin, 35 64 

Berkley, for support of Mary Lindel, James 
Cuddie and Michael Dyer, adults, 54 04 
and for support of paupers in 1835, 56 92 



Brimfield, for support of Thomas Corbin, ad- 
ult, and George W. Paine, child, 

Beverly, for support of Dolly Claxton, John 
Kelley, Bridget McDonnel, Eliza Ashby, 
Ellen Dismore and John Pollard, adults, 

Burlington, for support of Venus Rowe, 

Brookfield, for support of Charles E. Phelps, 
child, 

Boxborough, for support of Andrew Jackson, 
child, 

Blandford, for support of John H. Durlam, Su- 
san and Polly Burdick, and Mary Bradley, 
adults, 102 20 

Belchertovvn, for support of Hannah Leavens, 
Duty Darling, Susan Mclntyre, Frederick 
and Maria Wells, adults, and two children, 95 45 

Bradford, for support of Joel and Rose Saun- 
65 



no 


96 


40 


15 


55 


30 


25 


55 


14 


64 


14 


60 



506 PAUPER ACCOUNTS. 

ders, Alexander and Jane McDonald, adults, 

and Henry Coe, child, 68 68 

Barre, for support of James Batchelder, adult, 
William, Charles and Leander Batchelder, 
children, 69 35 

Braintree, for support of Titus, in 1835 and 

1836, and Julia Packard, sick with small pox, 86 12 

Bridgewater, for support of Rachel Eleba, 
Benjamin Mchuren, Hannah Fowler, Ann 
Ward, Michael Delany, Robert and Betsey 
Bentley, adults, and three children, 139 86 

Boston, for support of paupers out of the house 
of industry, 3392 81 

Do. in house of industry, 7490 18 

Do. in house of reformation, 200 60 

Do. in house of correction, 665 35 

11,748 94 



Bristol, county of, for support of paupers in 

house of correction, 17 43 

Butler, Samuel C. guardian of Dudley Indians, 

for support of paupers, 204 74 

Chester, for support of Jenny Hardy and Ben- 
jamin Powers, adults, 51 10 

Cheshire, for support of Noel Randall, Ephraim 
Richardson, Joel Lilley, Polly Cooper, Levi 
Pierce, Molly Dimond, adults, and funeral 
charges for Molly Dimond, 133 87 

Glarksburgh, for support of Lovel and Naomi 
Hill, adults, and William and Caroline Hill, 
children, and funeral charges for Lovel Hill 
and Eaton, 55 31 

Cummington, for support of Brister Pierce, 25 55 

Charlestow^n, for support of paupers and funeral 

charges, 2521 93 



PAUPER ACCOUNTS. 507 

Charlton, for support of Robert Bennet and 
Catharine Green, adults, George H. Bennet 
and Parmelia A. Alexander, children, 68 35 

Concord, for support of Violanthy Briggs, Fran- 
cis York, adults, Marj Ann, William Q., Lucy 
W., and Charles Briggs, Margaret Cady, Abi- 
gail Abbott, children, 41 89 

Coleraine, for support of Kate Vandeburgh, 
Mary Hart, Mary Garner, Daniel Sampson, 
Olive, Catherine and Susan Forbes, adults, 
and five children, 136 65 

Chelmsford, for support of David Jameson and 

Maria Baxter, adults, 4 13 

Conway, for support of Sally McMurphy, adult, 
William, Eunice and Catharine D. Clark, 
children, 69 54 

Chelsea, for support of Job Warren and Betsey 
Jones, adults, William and Mary Haffey, 
children, and funeral charges of Job Warren, 60 95 

Canton, for support of Francis Pushaw, Elenor 
Murphy, Daniel Frazer, Edward Doyle, 
adults, Charles Murphy and two children 
without name, 67 58 

Cambridge, for support of paupers, 1,613 40 

Deerfield, for support of Lovina Whitherell, 

adult, and Charles Manuel, child, 32 67 

Danvers, for support of paupers, viz. twenty- 
two adults, four children and for funeral 
charges, 263 99 

Dracutt, for support of Abigail Townsend and 

Sarah Towns, adults, 32 37 

Dartmouth, for support of James McMennamon. 
Cuff Freeborn, Mary A. TuckernisL Nancy 



508 PAUPER ACCOUNTS. 

Petty, John Lowe, and a woman, name un- 
known, adults, and funeral charges, 75 07 

Duxburj, for support of John Carnes and Sa- 
rah Simons, adults, 40 32 

Dudley, for support of Joseph L. Davis, Timo- 
thy and Priscilla Wakefield, adults, 48 58 

Dalton, for support of Abigail Rider and Mary 

Hoose, adults, 51 10 

Dorchester, for support of Thomas Johnson, 
James Ralley, Mary Sloane, Mercy Childs 
and Robert Boyd, adults, six children and fu- 
neral charges, 117 72 

Dedham, for support of Terah Mann, Harriet 
Thon)pson, David Houston and Edward 
Bides, adults, and for removal of paupers, 45 03 

Dover, for support of Charles E. Joseph H. and 

Geo. VV. Snow, children, 43 92 

Egremont, for support of Betsey Daly, Reuben 
Van Guilder, Andrew McCannon, Abigail 
Wilcox, Peter Scutt, Daniel Gunn, adults, 
Louisa, Martha, Emeline, and Julia A. Beck- 
with, Marcus and Caroline Gunn, children, 
and for funeral charges for McCannon, 193 61 

Easthampton, for support of Subniit and Ru- 
mah Bailey, Patrick Cavannah, adults, 
Charles Bailey, Mary A., Thomas P. and 
Michael Cavannah, Henry Obokiah, chil- 
dren, 136 91 

Enfield, for support of Deborah Butterworih, 

adult, and Saml. Williams, child, 36 86 

East Bridgewater, for support of Robert Seaver, 
Elihu Stevens, Ann Richards, John Chesnut, 
Jane Chesnut, Betsey Chase, adults, and 
Francis Cromwell, child, 147 04 



PAUPER ACCOUNTS. 509 

Essex, for support of John Coleman and Cath- 
erine Roney, adults, and one child, 26 32 

Essex, County of, for support of paupers in , 

House of Correction, 397 04 

Fitchburgh, for supj)ort of Catherine Hoy, adult, 

and Micah and Mary Hoy, children, 22 50 

Foxborough, for support of Caroline G. House 

and Wm. Smith, adults, 26 18 

Fairhaven, for support of Robert, Margaret 
and William Wilson, Mercy Sweet, Abigail 
Christopher, John Williams, Timothy S. 
Stiles, James and Choicey Shoemaker, Jo- 
seph Marcy, John D. Crane, John Loveall, 
Francis Lictor, Sarah and Bethira Simons, 
adults, Lydia, Maria, Franklin and Allen 
Sweet, Elizabeth Christopher, children, 216 18 

Fall River, for support of paupers viz. four- 
teen adults, eleven children, and for funeral 
charges, 255 87 

Freetown, for support of Mary Parks and Ed- 
ward Bruen, adults, 10 43 

Franklin, for support of Dorcas and Fanny 
Sherman, adults, and Hannah A. Sherman 
and Elizabeth S. Gray, children, 26 70 

Framingham, for support of Daniel Can»pbell, 
Julia Blake, William Knox, Jonathan Hitch- 
cock, Jane Smith, adults, Jane Blake, child, 57 43 

Granby, for support of Bulah Murry, 25 55 

Gloucester, for support of Elizabeth Dowsett, 
Nancy Youlen, Else Freeman, Lucy Sharp, 
and John Shafton, Samuel Willshire, James 
Huston, Horatio Merrill, Harriet Brown, 
Mark Grimes, Elizabeth Dade, George Gard- 
ner, Daniel Holley, John La Fong, William 



610 PAUPER ACCOUNTS. 

Eaton, Edmund Harris, Isaac Rollins, John 
Eaton, adults, Lucy S. and Mary E. Sharp, 
Abigail Grover, children, and funeral charges, 232 68 

Gayhead, for support of Hezekiah Sewall, and 

Thomas Morse, adults, 51 24 

Grafton, for support of Cornelius Johnson, John 
Johnson and Elizabeth Phillips, adults, Ellen 
and Mary Ann Barrett, children, and funeral 
charges, 84 37 

Gill, for support of Mary Lawson, 25 bS 

Granville, for support of Mary Burden, Sally 
Stewart, Chauncey Goodrich, Nathaniel Har- 
ris and Zenas Hart, 75 26 

Great Barrington, for support of John Mc- 
George, Loanna and Lucy Porter, Sarah 
Smith, John Jackson, Isaac and Roxy Way, 
adults, and five children of Isaac Way, and 
expenses incurred in removal of John Jack- 
son, 152 91 

Groton, for support of Daniel Parker, and Thos. 
Benson, adults, Jane and Thomas Ransalaer 
and Benjamin Grigan, children, 63 55 

Hardwick, for support of Elizabeth Poraroy, 10 ^Q 

Hancock, for support of Israel and Mary Clark, 
James and Sarah Himes, Louisa Capel, Jo- 
seph and Esther Simson, Nicholas Johnson, 
adults, fifteen children, funeral charges, and 
for removing paupers, 

Hanson, for support of Betsey Joel, adult, 

Heath, for support of Lydia Lamphear, 

Hadley, for support of James Haller, 

Holliston, for support of John B. Ford, 

Hanover, for support of Hannah Long, and for 
funeral charges, 

Harwich, for support of James Robertson, 



252 


46 


25 


55 


25 


5b 


2 


59 


25 


bb 


13 


99 


25 


55 



PAUPER ACCOUNTS. 511 

Hubbardston, for support of D. Man- 
dell, 25 55 
And for paupers in 1835, 28 46 



54 01 

Hingham, for support of Gustavus Betson, Geo. 

Clajpole and Geo. Bullard, adults, 14 77 

Hopkinton, for support of C. B. Benedict, adult, 

Susan Parker, child, and for funeral charges, 18 60 

Haverhill, for support of Ann Reed, Nathan- 
iel Bartlett, Elisha Frost, Thomas Welch, 
John Godfrey, Isaac Webster, Ann Lasson, 
James Johnson, John Coffin, Elisha Frost, 
Charles and Mary Durant, adults, John Q. 
Adams and Sylvanus Durant, children, and 
funeral charges for J. Coffin, 92 14 

Herring Pond plantation, for support of Dinah 

Reed and Warren Scott, adults, 41 72 

Holden Woodell, guardian of Fall River In- 
dians, for support of paupers, 58 00 

Kingston, for support of Sophia Holmes, adult, 

and Emily Holmes, child, 40 15 

Lanesborough, for support of John and Hester 
Gabriel, Mary Squire, Lucy H. Goman, Ma- 
ry Van Suckle, Eunice Foot, Amos Dodge, 
Mary Kip, Mary Dodge, Rachel Sherman, 
Rachel Hinman, George Kingsley, adults, 
eleven children, and funeral charges, 438 54 

Leyden, for support of Tacey Clark, Sarah 
Stanton, Ruth Abel, Joseph Abel and Han- 
nah Cole, 127 75 

Ludlow, for support of Timothy Haskell, Har- 
vey Olds, Lovina Powers, adults, 76 65 

Longmeadow, for support of Lewis De Patra, 
Rebekah De Patra, Lewis De Patra, Jr. and 
Charles Noe, adults, and funeral charges, 17 60 



512 PAUPER ACCOUNTS. 

Lee, for support of Sarah Ross, John and Eu- 
nice Marble, Asa Gleason, William Perry, 
William Woodward, Hannah Brown and 
Elizabeth Martin, adults, and five children, 

Littleton, for support of James Fassett, 

Lexington, for support of James Andrews, fu- 
neral charges, 

Lincoln, for support of James and Michael 
McDonald, adults, 

Lenox, for support of Moses McGraw, Mary 
Bishop, Justus Stevens, adults, and thirteen 
children, 

Lynn, for support of paupers, viz : t\A enty ad- 
ults and eight children, 

Lunenburg, for support of Jenny Mitchell, 
adult, and five children, 

Lowell, for support of paupers, for funeral 
charges and removal of paupers, 

Middlefield, for support of John and Elizabeth 
Harkinson, adults, Charles, Caroline, Maceon 
and John Harkinson, children, 

Montgomery, for support of Hannah Boham, 

Middleborough, for support of Elizabeth Briggs, 
Solomon and Amy Robinson, Jenny Bowen, 
Fanny Williams, Robert and Betsey Bentley, 
adults, Rob. Bentley, Mary A. and Thalia 
E. McAllister, children, 123 49 

Mansfield, for support of Mary Blake, and fu- 
neral charges, 16 55 

Mendon, for support of John Agar, Hannah A. 
Tolman, Lydia Rock, Michael Delany, 
adults, George H. Tolman, child, and funeral 
charges, 46 56 

Manchester, for support of J. Wheaton, 14 60 



190 


10 


25 


55 


6 


26 


9 


17 


250 


30 


108 


40 


28 


70 


1118 


09 


69 


05 


25 


62 



PAUPER ACCOUiNTS. 513 

Mount Washington, for support of" Henry Tyler 

and Hannah VVorden, adults, 38 29 

Milton, for support of Moses Nelson, Archibald 
McDonald, Mary Megure, George Bullard, 
Caroline Rogers, John E. Drew, adults, An- 
drew Megure and Caroline Rogers, children, 133 51 

Montague, for support of Anna Sinclair, 24 57 

Marshtield, for support of Bristol White, John 
Quackow, Samuel Holmes, adults, Phebe 
Quackow, child, and funeral charges for 
Samuel Holmes, 82 60 

Millbury, for support of John McCormick, 
William Tolby, Abigail Shipley, adults, and 
three children, 53 66 

Methuen, for support of William Richards and 

John Hyde, adults, 43 05 

Monson, for support of John Williams, Mary 
Allen, Seth, Calvin and Abiah Thrasher, 
Desdemona Wakefield, adults, Wm. Wake- 
field, child, 142 74 

Marshpee, District of, for support of George 
Jones, Ephraim Jerrett, Susan Hazard, Lois 
Pells, John Bartholomew, Nancy Brown and 
John Odiorne, adults, and funeral charges 
for Nancy Brown, 147 24 

Maiden, for support of Sarah Brannon, William 
Granger, Nicholas Francis, Catharine Lynde, 
Deborah Socco, Mary Connolly, Anthony 
Pasco, Eumi Doran, O'Brien, Patrick Cob- 
bett, Patrick Cowd, adults, three children 
and funeral charges, 152 13 

Milford, for support of Henry Burley, Augustus 
Moore, adults, and funeral charges for Dan- 
iel Pollock, 36 50 
66 



514 PAUPER ACCOUNTS. 

Northbridge, for support of William Tyre and 

James Norbiiry, adults, 61 10 

North Bridgewater, for support of James Dor- 
rin, Charles Cromwell, Luraney Jotham, 
adults, and funeral charges, 78 53 

Natick, for support of Monroe, Martha, Emily, 
Henry, Francis H., Kachael A. and Edward 
Thompson, children, and funeral charges for 
E. Thompson, 73 72 

Norwich, for support of Rufus Minor, and Ruth 

Sanford, adults, 51 10 

Norton, for support of Michael and Mary 
Rowan, adults, Ann Williams, Bridget, Pat- 
ty, Michael and Maria Curtley, children, 37 40 

Northfield, for support of William S. Carol!, 
Mary Prichard, Calista L. Nutting, adults, 
Mary A., John and William Pritchard, James 
W., George W., and Wealthy A. R. Nutting, 
children, 17 78 

New Salem, for support of Nathan Burke, 
Elizabeth Washburn, Emeline F. Hickson, 
adults, Stephen L. Hickson, child, and funer- 
al chages for E. F. Hickson, 39 07 

Northborough, for support of Jacob West, adult, 

and funeral charges, 30 55 

New Bedford, for support of paupers, and fu- 
neral charges, 707 50 

Newton, for support of George French and 

William Pickering, adults, 51 10 

Newburyport, for support of paupers, viz : thir- 
ty-eight adults and eighteen children, and 
funeral charges, 697 56 

Needham, for support of John Pitcher, Sarah 
Porthill, John Thompson, adults, Francis H., 



69 


02 


25 


62 


344 67 


246 


60 



PAUPER ACCOUNTS. 515 

Rachael A. and Edward Thompson, child- 
ren, and funeral charges for J. Thompson, 
North Brookfield, for support of Esther John- 
son, 
Newbury, for support of paupers, viz : eighteen 
adults and nine children, and for funeral 
charges, 
Northan)pton, for support of paupers, viz : forty- 
three adults and seven children, 
Nantucket, for support of Joseph De Luce, 
John Green, James Madison, John Clark, 
James Bush, Susan Brown, Isabella Wins- 
low, Mary VVinslow, Phillis Painter, Chloa 
Golden, Mathew Smith, Williams Hutchens, 
Sophia Bebee, Henry Pringle and William 
Previous, adults, 240 33 

Oxford, for support of Almond and Margarett 
Bigford and Erastus Evans, adults, Maria 
A. and Henry A. Bigford, George and Josh- 
ua T. Evans, children, 80 13 
Otis, for support of Jack Cambridge and 

John H. Hazards, adults, 5 95 

Orange, for support of Mary Smith, 25 55 

Plymouth for support of John McRop, John 
Wolking, James Reed, William P. Sargeant, 
Sarah Sargeant, Manassah Hovey, Elenor 
Longley, adults, Sarah A., James and Cath- 
erine Longley, children, and funeral charges, 112 71 
Phillipston, for support of Abraham Scholl, 25 62 

Plainfield, for support of Elizabeth McCoy, 25 62 

Prescott, for support of Edwin Himes, child, 18 00 

Pembroke, for support of Mary GifTord, 25 55 

Palmer, for support of Nancy Wallace, James 

McColley, adults, and funeral charges, 31 81 



516 PAUPER ACCOUNTS. 

Pittsfield, for support of paupers, viz., seven- 
teen adults and thirteen children, and for 
funeral charges, 357 45 

Pawtucket, for support of Elizabeth Parlow, 
adult, and Joseph Watson during his sickness 
with small pox, 79 26 

Russell, for support of Mary Newton, Sally 
Harrington, adults, and Norman Sears and 
Nancy Hale, children, 79 30 

Royalston, for support of Alice Clements, 25 55 

Richmond, for support of Nancy Jessup, Susan 
Darling, Sarah R. Critenden, Ruth VVirkee, 
Jacob Wirkee, Miriam McKce, adults, and 
ten children, ' 299 30 

Rowley, for support of paupers, viz., thirty- 
five adults, six children, and for funeral 
charges, 302 69 

Randolph, for support of Lydia Dace, Eliza 

DoUey, adults, and one child, 65 88 

Rehoboth, for support of Nancy Smith, John 
Hopkins, Mary Britton, Lucy Kelley, Nancy 
Hale, Newport BVayton, Chloe Turner, 
Hannah Gardner, Elizabeth Smith, adults, 
Miranda Britton, Andrew and Dinah Hill, 
children, and for funeral charges, 210 46 

Rochester, for support of Hannah Corvell, John 

Coventry, adults, and nine children, 71 53 

Roxbury, for support of paupers, viz., forty-four 
adults, twenty-one children, and for funeral 
charges, 458 23 

Southampton, for support of Samuel Crisp, 

adult, 3 08 

Spencer, for support of E. Freeman, child, 12 48 

Sharon, for support of Edward and Betsey El- 



PAUPER ACCOUNTS. 517 

lis, Mary B. Murphy and George Ballard, 

adults, and two children, 54 80 

Springfield, for support of paupers, viz : nine- 
teen adults, ten children, and for funeral 
charges, 156 73 

Shirley, for support of Mary M'Kenzie, adult, 
W. J. Franklin, Charles Mitchell, Jane Ran- 
salaer, child, 60 15 

Shutesbury, for sup[)ort of John and Susannah 
Venauler, Michael and Mary Vermont, adults, 
and Charles Phinemore, child, 116 80 

Somerset, for support of Polly Hill, Ann Mc- 

Given, adults, and Thomas McGiven, child, 37 65 

South Reading, for support of John D. Gorman, 

William McDaniels, adults, 3 92 

Stoneham, for support of Chloe and Nancy 

Freeman, adults, 51 24 

Southbridge, for support of Esther Bradbury 
and Lucinda Bennett, adults, and four chil- 
dren, 62 61 

Southwick, for support of Ruth Turner, 17 15 

Shelburne, for support of Mary Bates and John 

Fowler, adults, 35 35 

Swanzey, for support of Judy McCartee, Lucy 
Watkins, adults, and Amanda M. A. Watson, 
child, 44 35 

Sturbridge, for support of George and Rhoda 
Thompson, Samuel Welldon, Harriet Win- 
ter, adults, and one infant, 81 20 

Shrewsbury, for support of Michael O'Brien, 

John Morison and wife, adults, 7 38 

Sheffield, for support of Charlotte and Sarah 
Turner, Mahala Darby, Christopher Basham, 
Nathan Tyler, Thomas Filley and Rachel 



518 PAUPER ACCOUNTS. 

Fillej, adults, Nancy Willej, child, and fu- 
neral charges, 90 24 

Sudbury, for support of John Wilkins, Sarah 
Chapin, adults, Milo J., Parker J., Sarah D. 
and B. F. Chapin, children, 37 43 

Stoughton, for support of Isaac Williams and 

Christopher Kelley, 26 53 

Salem, for support of paupers, and for funeral 

charges, 824 43 

Saugus. for support of Joseph Clarenbowl and 

Mary Gulfor, adults, 24 36 

Stockbridge, for support of Abraham Parma- 
lee, Dorcas Webster, Catharine and Thadeus 
Martin, Nancy Duncan, Samuel Ratliburn, 
adults, Rosanna, Theodore and Harriet 
Martin, children, and for funeral charges, 196 13 

Sandwich, for support of Susan Bainey and 
Phillis Wing, adults. 

Sterling, for support of George Onslow, adult, 

Scituate, for support of Zilpha Scott, Thirza 
Freeman, Polly Griffin, Lydia Barrel, adults, 
and six children, 

Topsfield, for support of Phillis Emerson, 

Taunton, for support of paupers, viz. : eighteen 
adults and twenty four children, and for fu- 
neral charges, 367 78 

Tyringham, for sup])ort of Richard Gardner, 
Parmelia Filley, Elizabeth Hicks, Laura 
Cross, Jacob Van Deuson, Peter and Fanny 
Rainey, Prince and Nancy Miner, adults, 173 39 

Uxbridge, for suj)port of Mary Sailsbury, Mary 
Pratt, Thomas and Harriet Carnes, adults, 
Thomas, James and Jane Duncan, children, 75 02 

Washington, for support of Henry Panton, 25 55 



51 


10 


14 60 


121 


50 


25 


48 



PAUPER ACCOUNTS. 519 

West-Stockbridge, for support of Lucy Lane, 
Lucretia Belamy, Samuel Bell, Nicholas 
Cane, Emeline Cane, Marach Powers, adults, 
ten children, and for funeral charges, 163 27 

Windsor, for support of Rhoda Barnes, 25 55 

Wayland for support of Thomas Sumner, 8 33 

West Newbury, for support of Jonathan Stev- 
ens, Sarah Hanson and Phebe Nelson, adults, 58 24 
Williamsburg, for support of James Turner, 

adult, and Theodocia Turner, child, 40 15 

Ward, for support of Saraii Wiser, 25 55 

Weston, for support of Elizabeth Spotsell, 7 63 

Whately, for support of Jesse Jewett, 25 55 

West Springfield, for support of Laura Chapin, 
Lois Shivoy, Elijah and Mary Randall, Joel 
Turner, Mary Clark, Jane Livingston, James 
Thompson, Mary A. Clark, Ann Turner, 
adults, three children, and furneral charges, 241 04 
Watertown, for support of paupers, viz. : thirty 
two adults and eleven children, and for fu- 
neral charges, 247 22 
Westport, for support of Mary Jennings and 

Mary A. Sucernish, adults, 34 23 

Wrentham, for support of William McKeever, 
Geo. Bullard, Daniel Martin, John Hull and 
Sally Hall, adults, Susan and Betsey Hall, 
children, 25 03 

allovi'ed for support of paupers in 1835,120 40 

145 43 



Warren, for support of John Simons and Avery, 
adults, Mary L., John S., Charles S., Alfrid 
P. and Henry P. Simons, children, ;$f24 25, 
and for support of paupers in 1835, 28 00, 52 25 

Wilbraham, for support of John Amidon, Alice 



620 PAUPER ACCOUNTS. 

Dodge, Mary Walker, Eunice Davis, Rodney 
Greenwood, Robert Tufts, Orman Rood, 
Abigail Webber, adults, and for funeral 
charges, 199 00 

Weymouth, for support of Phillis Peach, Eliza- 
beth Lawler, Bridget Carna, Robert Frink, 
adults, seven children, and for funeral charges, 123 46 

Warwick, for support of Samuel Gunn, and ex- 
pense of removal, 1 1 98 

Westfield, for support of Eleazar and Betsey 
Harris, Asenath Lane, Hepsibah Brewer, Bet- 
sey Rose, Eunice French, Esther Berry, 
Laura Chapin, E. D. Cobb, Patrik Bulah, 
and Richard Black, adults, Louis Baker, T. 
G. Watson, children, and for funeral charges, 212 21 

Wenham, for support of Sarah English, 25 55 

Walpole, for support of George Manton, Ag- 
nes Gill and Lucretia Powers, adults, 44 69 

Ware, for support of Thomas Damon, adult, 

and Caroline Olney, child, 40 15 

Worcester, for support of paupers, viz. twenty 
seven adults and sixteen children, and for 
funeral charges, 243 23 

Worcester, county of, for support of paupers in 

House of Correction, 67 34 

Williamstown, for support of John Henderson, 
Lydia Barry, Rachael Galasha, Sylvia Har- 
rington, Charles Winkings, adults, Ethan, 
Abel and Ann Barry, children, 152 30^ 

Yarmouth, for support of Black Let and Patty 
Peters, adults, Cornelia A. and William F. 
Peters, children, 61 33 

$35,9n 56 



SELECTMEN OF SOUTHAMPTON. 521 



CHAP. XXXVl. 

Resolve authorizing the payment of certain Pauper Ac- 
counts. 

March 16, 1837. 

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 thirty-five thousand nine hundred and fourteen 
dollars and fifty-six cents, the same being in full of the 
accounts and demands to which they refer ; and that a 
warrant be drawn accordingly. 



CHAP. XXXVII. 

Resolve on the Petition of the Selectmen and Overseers 
of the Poor of the town of Southampton, 

March 16, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to the treasurer of the 
town of Southampton, the sum of twenty dollars and 
thirty-three cents, in full for expenses incurred, by the 
removal of a state pauper from that town to the state of 
Ohio, and that a warrant be drawn therefor. 

67 



522 SURVEY OF BOSTON HARBOR. 



CHAP. XXXVHI. 

Resolve on the Petition of Catharine Tuttle. 

March 16, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Catharine Tuttle, 
the sum of fifty dollars, in full for services rendered by 
her husband Jonathan Tuttle, in the revolutionary war, 
and that a warrant be drawn therefor. 



CHAP. XXXIX. 

Resolve to pay the Commissioners appointed to Survey the 
Harbor of Boston. 

March 16, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth to Loammi Baldwin, James 
Hay ward and Sylvanus Thayer, commissioners appointed 
to survey the harbor of Boston, or to any two of them 
for the benefit of the whole, the sum of four thousand 
two dollars and sixty-nine cents, the same being in full 
discharge of the balance of all accounts of the said com- 
missioners for the survey of said harbor, and that a 
warrant be drawn therefor. 



BENJAMIN STEVENS AND OTHERS. 523 



CHAP. XL. 

Resolve on the Petition of Aaron Brooks, Jr, 

March 16, 1837. 

Resolved, For reasons set forth in the said petition, 
that the sum of two hundred and fifty-three dollars and 
thirty-two cents, be paid out of the treasury of the Com- 
monwealth, to Aaron Brooks, Jr. of Petersham, for mo- 
neys paid and services rendered 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 Israel Davis, Jr., Daniel F. Newton, Stephen H. 
Gleason, Edward B. Bigelow and Abner T. Burrows, by 
a court martial holden in March A. D. 1834, and that a 
warrant be drawn therefor. 



CHAP. XLI. 



Resolve on the petition of Benjamin Stevens of the city of 
Boston, Trustee, and of William Reed, and Abigail his 
wife, in aid thereof. 

March 16, 1837. 

Resolved, for the reasons set forth in said petitions, 
that Benjamin Stevens, trustee of certain real estate in 



524 BENJAMIN STEVENS, AND OTHERS. 

said city of Boston, under a marriage settlement, execut- 
ed between said Stevens of the third part, and of the 
said Abigail of the first part, and of said William of 
the second part, recorded in the registry of deeds of 
Suffolk county, in book 280, leaf 175, be empowered 
to sell and convey, in fee simple, to the Boston and 
Worcester Rail-road corporation, that portion of said 
real estate mentioned in said marriage settlement, de- 
scribed as follows, to wit : all that part bordering on the 
rail-road which lies northerly or northeasterly of a straight 
line, extending from the northerly corner on Washington 
street, of the building occupied by Mrs. Bittner, to a 
point on the southeasterly boundary line of the estate, 
which point is eight feet distant southwesterly from the 
northeasterly face of the rail-road wall, at the top ; said 
conveyance not to include any part of the buildings above 
ground : provided, that said corporation, pursuant to an 
award made by Ellis Gray Loring. Milton Hall and 
Moses Williams, referees, mutually chosen by said trus- 
tee and said corporation, pay to said Stevens the sum of 
five hundred dollars ; and shall moreover execute back to 
said Stevens, trustee, and his representatives and assigns, 
a lease of the land so conveyed, to be occupied by the 
buildings as they now stand, or to be used by him or them 
for any lawful purpose which shall in no degree impair 
or endanger the rail-road works, substantially as they now 
are : and which lease shall be made for the term of the 
lives of said William Reed, and Abigail his wife, and the 
survivor of them, or may be sooner terminated by said 
trustee, at any time he may choose, or it may be termin- 
ated by the lessor at any time after fifteen years from its 
date ; and the rent to be reserved in and by said lease, 
shall be at the rate of thirty dollars by the year, payable 
annually, out of any portion of the said fund. 



MILITARY ACCOUNTS. 525 



CHAP. XLII. 

Resolve authorizing the payment of certain Military 

Accounts. 

March 18, 1837. 

Resolved, That there be allowed and paid out of the 
public treasury, to the several persons mentioned in the 
annexed Rolls, the sums set to their names respectively, 
amounting in the whole to two thousand three hundred 
ninety-five dollars and forty-two cents, the same being in 
full discharge of the accounts and demands to which they 
refer, and that a warrant be drawn therefor. 



526 



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536 HENRY GATES. 



CHAP. XLHI. 

Resolve on the petition of Lucy B. Bailey. 

March 20, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Lucj B. Bailey, the 
sum of fifty dollars, in full for services rendered by her 
husband, in the revolutionary war, and that a warrant be 
drawn therefor. 



CHAP. XLIV. 

Resolve on the petition of Henry Gates. 
March 20, 1837. 

Resolved, for reasons set forth in said petition, that 
there be allowed and paid out of the treasury of this 
Commonwealth, to Henry Gates, in addition to the sum 
granted to him by the resolve of the eighteenth of Janu- 
ary, one thousand eight hundred and thirty-four, the sum 
of two hundred dollars per annum, for and during the 
period of his natural life, in quarter-yearly payments, 
commencing on the first of April next ; and, in case of 
his decease before his wife, said payments to be made in 
like manner to her, during the period of her survivorship ; 
and that warrants be drawn accordingly. 



AMENDMENT OF CONSTITUTION. 537 



CHAP. XLV. 

Resolve on the petition of Leonard Fisher. 
March 21, 1837, 

Resolved^ That there be allowed and paid out of the 
treasury of this Commonwealth, to Leonard Fisher, the 
sum of fifty dollars, in full for services rendered by him 
in the revolutionary war, and that a warrant be drawn 
therefor. 



CHAP. XLVI. 

Resolve for the due enrolment and promulgation of the 
Twelfth Article of Amendment of the Constitution 
of this Commonwealth. 

March 24, 1837, 

Whereas, the specific article of amendment hereafter 
recited, was proposed in the General Court of this Com- 
monwealth, elected for the vear of our Lord one thousand 
eight hundred and thirty-five, 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 
69 



538 AMENDMENT OF CONSTITUTION. 

afterwards referred to the General Court elected and re- 
turned for the jear one thousand eight hundred and 
thirtj-six, 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 there- 
on ; and the said article of amendment was afterwards 
duly submitted to the people of this Commonwealth, in 
order that, if the same should be approved and ratified by 
a majority of the qualified voters, at meetings legally 
warned 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 
and transmitted to the secretary's office from the several 
cities, towns and districts of this Commonwealth, that, 
at meetings legally warned and held for that purpose, in 
the said cities, towns and districts, on the fourteenth day 
of November last, the said specific article of amendment 
has been duly approved and ratified by a majority of the 
qualified voters of the said Commonwealth, voting there- 
on as required by the constitution ; and the said article 
of amendment has accordingly become a part of the con- 
stitution of this Commonwealth. 

ARTICLE OF AMENDMENT. 

In order to provide for a representation of the citizens 
of this Commonwealth, founded upon the principles of 
equality, a census of the ratable polls in each city, town 
and district of the Commonwealth, on the first day of 
May, shall be taken and returned into the secretary's 
office, in such manner as the Legislature shall provide, 
within the month of May, in the year of our Lord one 



AMENDMENT OF CONSTITUTION. 539 

thousand eight hundred and thirty-seven, and in every 
tenth year thereafter in the month of May, in manner 
aforesaid ; and each town or city having three hundred 
ratable polls at the last preceding decennial census of 
polls, may elect one representative, and for every four 
hundred and fifty ratable polls in addition to the first 
three hundred, one representative more. 

Any town having less than three hundred ratable polls 
shall be represented thus : the whole number of ratable 
polls, at the last preceding decennial census of polls, shall 
be multiplied by ten, and the product divided by three 
hundred, and such town may elect one representative as 
many years within ten years as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented as to 
that surplus number by multiplying such surplus number 
by ten, and dividing the product by four hundred and 
fifty ; and such city or town may elect one additional 
representative as many years within the ten years as four 
hundred and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts 
may, by consent of a majority of the legal voters present 
at a legal meeting in each of said towns and districts 
respectively, called for that purpose and held previous to 
the first day of July, in the year in which the decennial 
census of polls shall be taken, form themselves into a 
representative district, to continue until the next decen- 
nial census of polls, for the election of a representative 
or representatives ; and such district shall have all the 
rights, in regard to representation, which would belong 
to a town containing the same number of ratable polls. 



540 AMENDMENT OF CONSTITUTION. 

The governor and council shall ascertain and deter- 
mine, within the months of July and August, in the year 
of our Lord one thousand eight hundred and thirty-seven, 
according to the foregoing principles, the number of rep- 
resentatives which each city, town and representative 
district is entitled to elect, and the number of years with- 
in the period of ten years, then next ensuing, that each 
city, town and representative district may elect an addi- 
tional representative ; and where any town has not a 
sufficient number of polls to elect a representative each 
year, then how many years within the ten years such 
town may elect a representative ; and the same shall be 
done once in ten years thereafter by the governor and 
council, and the number of ratable polls in each decen- 
nial census of polls shall determine the number of repre- 
sentatives which each city, town and representative 
district may elect as aforesaid ; and when the immber of 
representatives, to be elected by each city, town or 
representative district, is ascertained and determined as 
aforesaid, the governor shall cause the same to be pub- 
lished forthwith for the information of the people, and 
that number shall remain fixed and unalterable for the 
period of ten years. 

All the provisions of the existing constitution inconsis- 
tent with the provisions herein contained, are hereby 
wholly annulled. 

Resolved, That the above recited article of amend- 
ment shall be enrolled on parchment, and deposited in 
the secretary's office as a part of the constitution and 
fundamental law of this Commonwealth, and shall be 
published in immediate connexion therewith, as the 
twelfth article of amendment thereto, in all future edi- 



EBENEZEK BREED. 541 

tions 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 gov- 
ernor be, and he is hereby authorized and requested to 
issue his proclamation, reciting the said article of amend- 
ment, and announcing that the same has been duly adopt- 
ed and ratified by the people of this Commonwealth, and 
has become a part of the constitution thereof; and re- 
quiring all magistrates and officers, and all citizens of the 
said Commonwealth, to take notice thereof, and govern 
themselves accordingly. 



CHAP. XLVII. 

Resolve on the petition of Ebenezer Breed. 

March 24, 1837. 

Resolved, for the reasons set forth in said petition, that 
Ebenezer Breed of Charlestown, in the county of Mid- 
dlesex, merchant, trustee of Elisha T. Holmes and Eliz- 
abeth his wife, is hereby authorized and empowered to 
release to the administrators, with the will annexed, of the 
estate of John Harris, late of said Charlestown, mer- 
chant, deceased, the right and claim of said Elisha and 
Elizabeth, to an annuity of three hundred dollars, for the 
life of said Elizabeth, given to her in the will of said 
John; also to release and discharge a certain mortgage 



542 NATHANIEL CONANT, AND OTHERS. 

on a lot of land on Charlestown square, made by Thomas 
Harris, late of said Charlestown, Esquire, deceased, to 
said Elisha and Elizabeth, on the twenty-seventh day of 
January, in the year one thousand eight hundred and four- 
teen, on receiving an obligation of the Massachusetts 
Hospital Life Insurance Company, to pay to said Breed, 
his successors and assigns in trust, an annuity of three 
hundred dollars, during the natural life of said Elizabeth, 
to be disposed of according to the provisions of a certain 
deed of indenture, executed between said Elisha and 
Elizabeth of the first part, and Nathan Tufts, now de- 
ceased, and said Ebenezer Breed of the second part, on 
the twenty-fourth day of August, in the year one thou- 
sand eight hundred twenty, recorded with the Mid- 
dlesex deeds, book 234, page 458 : provided^ that said 
Elizabeth and the guardian of said Elisha give their writ- 
ten consent to such releases. 



CHAP. XLVIII. 

Resolve on the petition of Nathaniel Conant and others. 

March 24, 1837. 

Resolved, for the reasons set forth in said petition, that 
the selectmen of the town of Topsfield, in the county of 
Essex, be authorized to order the treasurer of said town 
to pay such members of the light infantry company, call- 
ed the " Warren Blues," the sum of five dollars each, as, 
being armed, uniformed and equipped, have performed all 
the active duty required by law for the year one thousand 



CLERKS OF THE LEGISLATURE. 543 

eight hundred and thirty-six, excepting only that required 
at the May inspection ; that the treasurer of said town 
be authorized to pay the amount thus ordered, and tliat 
the treasurer of the Commonwealth be authorized to re- 
imburse the same, in the same manner as if the members 
of said company had performed " all the active duty re- 
quired by law," for the year one thousand eight hundred 
and thirty-six, and had been constantly armed and equip- 
ped. 



CHAP. XLIX. 

Resolve on the petition of Mary Young. 

March 24, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Mary Young, the sum 
of fifty dollars, in full, for services rendered by her late 
husband in the revolutionary war, and that a warrant be 
drawn therefor. 



CHAP. L. 

Resolve for the pay of the Clerks of the Legislature. 

March 24, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the clerk of the sen- 



544 MESSAGE. 

ate, and the clerk of the house of representatives, each, 
the sum of ten dollars per day, and to the assistant clerk 
of the senate, the sum of 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 to the clerk of the house of 
representatives, the sum of one hundred dollars each, for 
copying the journals for the library, as required by the 
orders of the two houses, and that warrants be drawn ac- 
cordingly. 



CHAP. LI. 

To the Senate and 

House of Representatives. 

I herewith transmit to the two houses, copies of letters 
from his excellency the governor of Maine, bearing date 
the 16th instant, relative to the continuation of the road 
from the Mattawamkeag river in that state, to the river 
Aroostook ; and the 18th instant, enclosing a copy of res- 
olutions passed by the Legislature of Maine, relative to 
the construction of a road from the town of Wilson to 
Moose Head Lake ; to which subjects the attention of the 
Legislature is respectfully requested. 

EDWARD EVERETT. 

Council Chamber, 27th March, 1837. 



MARTIN WHEELOCK. 645 



CHAP. LII. 

Resolve on the petition of Allen Mansfield and others. 

March 28, 1837. 

Resolved, for reasons set forth in the said petition, that 
there be allowed and paid out of the treasury of this 
Commonwealth, to Allen Mansfield, the sum of twenty- 
two dollars and fifty-five cents ; to Chester S. Hastings, 
the sum of twelve dollars ; to Dwight Jewett, the sum of 
twelve dollars and twenty-five cents ; to Artemas Wil- 
liams, the sum of thirty dollars ; and to Amos Russell, 
the sum of twenty-seven dollars and twenty-five cents : 
all of Deerfield, in full compensation for damages by 
them respectively sustained in their crops, trees, &c., by 
the survey, and running the base line through their re- 
spective lands, for the trigonometrical survey of the Com- 
monwealth, and that a warrant be drawn therefor. 



CHAP. LHI. 

Resolve on the petition of Martin Wheelock. 

March 28, 1837. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of 
70 



546 STATE LUNATIC HOSPITAL. 

this Commonwealth to Martin Wheelock of Gardner in 
the county of Worcester, the sum of thirty dollars a year 
for the term of three years from the twelfth day of June, 
in the year one thousand eight hundred and thirty-six, 
should he live so long, and that warrants be drawn there- 
for accordingly. 



CHAP. LIV. 

Resolve concerning the State Lunatic Hospital. 

March 29, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, the sum of ten thou- 
sand dollars, for the purpose of completing the enlarge- 
ment of the State Lunatic Hospital ; and the sum of three 
thousand dollars for the erection of a chapel for the use of 
the patients in said hospital ; said sums to be expended 
under the direction of the commissioners for enlarging 
said hospital. And that there be further paid, the sum 
of seven thousand dollars to the trustees of said hospital, 
to enable them to purchase additional land for the use of 
said institution ; and that warrants be drawn accordingly. 



MESSAGE. 547 



CHAP. LV. 

Resolve on the petition of Bushrod Buck and others. 

March 29, 1837. 

Resolved^ for the reasons set forth in said petition, 
that after the first day of April, one thousand eight hun- 
dred and thirty-seven, the income of one half of the two 
thirds of the ministerial fund now received by the Con- 
gregational society in the town of Lanesborough, shall 
be paid by the trustees of said fund to the Baptist society 
in said Lanesborough, in like manner and at such times 
as said income has heretofore been paid to the Congrega- 
tional and Episcopalian societies : provided, that if any 
other religious society shall arise in said town, the Legis- 
lature may, on petition of the said society, authorize such 
proportional part of the income of said funds to be paid 
to said new society, as they may think proper, whenever 
said society shall support a stated ministry. 



CHAP. LVL 

To the Senate and 

House of Representatives : 

I transmit to the Honorable Senate, for the information 
of the two Houses, the first report of the Geologist ap- 
pointed to make a geological survey of the public lands 



548 CODIFICATION OF COMMON LAW. 

in the State of Maine, in pursuance of a resolve which 
passed the Legislature, 21st March, 1836. 

EDWARD EVERETT. 

Council Chamber, March 29, 1837. 



CHAP. LVII. 

Resolve for the payment of the Commissioners on the 
Codification of the Common Law. 

April 1, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to the Hon. Joseph 
Story, and Luther S. Cushing, Esq., the sum of three 
hundred dollars each ; and to Theron Metcalf, Simon 
Greenleaf and Charles E. Forbes, Esquires, the sum of 
one hundred dollars each, in full compensation for their 
services as commissioners on the subject of a codification 
of the common law, under a resolve of the Legislature, 
passed March third, eighteen hundred and thirty-six ; 
and that warrants be drawn therefor accordingly. 



ARCHIVES OF COMMONWEALTH. 549 



CHAP. LVHI. 

To the Senate and 

House of Representatives : 

I transmit to the honorable Senate for the information 
of the two houses, resolutions of the General Assembly 
of the state of Vermont on the subject of abridging the 
free expression of opinions, and the transmission of them 
through the public mail, and on the power of Congress to 
abolish slavery and the slave trade in the district of Co- 
lumbia ; of the Legislature of Alabama on the subject of 
Texas ; of the Legislature of Georgia on the subject of 
the distribution of the Surplus Revenue of the United 
States ; and of the Legislature of New Hampshire on 
the same and other subjects. 

EDWARD EVERETT. 

Council Chamber, April 4, 1837. 



CHAP. LIX. 

Resolve relating to the Archives of the Commonwealth. 

April 5, 1837. 

Resolved, That the sum of two thousand dollars is 
hereby appropriated, to be expended by the secretary of 



550 PROVINCE LANDS. 

the Commonwealth, under the direction of his excel- 
lenc}' the governor, in providing for the preservation and 
security of the papers and documents in the archives of 
the Commonv^^ealth ; and that a warrant be drawn ac- 
cordingly. 



CHAP. LX. 

Resolve concerning the Province Lands. 

April 5, 1837. 

Resolved, That his excellency the governor, with the 
advice and consent of the council, is hereby authorized 
and requested to appoint three commissioners, who shall 
examine the province lands in the town of Provincetown, 
in the county of Barnstable, and report to the governor 
and council, on or before the first Wednesday of Decem- 
ber next, the present condition of said lands, the laws 
and practices pertaining thereto, and such other facts as 
they may deem useful, and also their opinion as to what 
disposition ought to be made of the same ; and said com- 
missioners shall give at least ten days' notice to the clerk 
of the town of Provincetown, and in one or more news- 
papers printed in the county of Barnstable, of the time 
and place of their meeting, that all persons interested 
may appear and be heard in relation to the same. And 
the governor and council are further authorized and em- 
powered to audit and allow the account of the commis- 
sioners to be appointed as aforesaid ; and the governor 
shall draw a warrant on the treasurer therefor. 



ADDITIONAL CLERKS. 551 



CHAP. LXI. 

Resolve on the request of the State of Maine. 
April 5, 1 837. 

Resolved^ That the land agent of this Commonwealth 
be directed to release to the State of Maine, all the right, 
title and interest of this Commonwealth in and to certain 
parcels of land formerly conveyed to Massachusetts, for 
the purpose of being occupied as sites for gun-houses 
within the limits of Maine. 



CHAP. LXII. 

Resolve to authorize the Secretary of the Commonwealth 
and Treasurer to employ additional Clerks. 

April?, 1837. 

Resolved^ That the secretary of the Commonwealth 
and the treasurer and receiver general be authorized to 
employ, until the first Wednesday of January next, such 
a number of additional clerks as they may find necessary. 



552 JANE SAUNDERS. 



CHAP. LXIII. 

Resolve on the petition of Samuel M. Holman. 

April 7, 1837. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid, to Samuel M. Holman of 
Attleboroiigh, the sum of thirty dollars in full compensa- 
tion for his services and disbursements in the pursuit and 
apprehension of Benjamin Hood and Reuben Smith, fugi- 
tives from justice, and that a warrant be drawn therefor. 



CHAP. LXIV. 



Resolve for the support of Jane Saunders, a Chappequiddic 

Indian. 

April 12, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the guardian of the 
Chappequiddic Indians, for the time being, for tlie sup- 
port of Jane Saunders, the sum of one dollar and fifty 
cents per week during her natural life, in quarterly pay- 
ments, commencing from the first day of April, in the 
year one thousand eight hundred and thirty-seven, and 
that warrants be drawn therefor. 



AROOSTOOK ROAD. 553 



CHAP. LXV. 

Resolve making an appropriation for the Quarter Master 
GeneraVs Department. 

April 12, 1837. 

Resolved, That the sum of two thousand five hundred 
dollars is hereby appropriated to defray the expenses of 
the quarter master general's department, and that the 
governor, by and with the advice of council, be requested 
to draw his warrant on the treasury for the same, for such 
sums, and at such times, as the service shall require, in 
favor of the acting quarter master general, for the faith- 
ful application of which he is to be accountable. 



CHAP. LXVI. 

Resolve for completing the Aroostook Road. 

April 12, 1837. 

Resolved, That the land agent of this Commonwealth 
be directed to take measures, in connexion with the land 
agent of the state of Maine, for the completion of the 
road leading from Mattawamkeag river, to the river Aroos- 
took, in the state of Maine, and to expend a sura not 
exceeding five thousand dollars in rendering said road pass- 
71 



654 AGRICULTURAL SURVEY. 

able by wheel carriages, and that his excellency the gov- 
ernor be authorized to draw his warrant npon the treas- 
ury in favor of the land agent, for said sum of five thou- 
sand dollars. 



CHAP. LXVIL 

Resolve providing for an Agricultural Survey of the 

State. 

April 12, 1837. 

Resolved, That his excellency the governor, by and 
with the advice of the council, is hereby authorized and 
requested to appoint some suitable and competent per- 
son, whose duty it shall be, under the direction of his 
excellency the governor, to make an agricultural survey 
of the Commonwealth, collect accurate information of 
the state and condition of its agriculture, and every sub- 
ject connected with it, point out the means of improve- 
ment, and make a detailed report thereof with as much 
exactness, as circumstances will admit. 

Resolved, That a summary of such survey, and ex- 
amination shall be furnished to his excellency the gov- 
ernor every six months, until the whole shall be complet- 
ed ; and at such other times, as shall be required, to be 
published in such way and manner as he, with the ad- 
vice of the council shall deem to be expedient and use- 
ful ; and he is authorized to draw his warrants, from 
time to time, upon the treasury for such sums, as may 
be necessary to defray the expenses of said survey, and 



JOEL CARTER. 555 

to enable the person, so appointed, to proceed in the ex- 
ecution of the duties, that shall be required of him ; and 
to pay the same to him, not exceeding the sum of two 
thousand five hundred dollars per annum. 



CHAP. LXVin. 

Resolve on the Petition of Joel Carter, executor of the 
last will and testament of William Lovering late of 
Boston, deceased, and trustee under said will. 

April 12, 1837. 

Resolved, For reasons set forth in said petition, that 
the said Joel Carter, is hereby authorized, to sell at pub- 
lic or private sale, as he may deem expedient, a lot of 
land and store thereon standing, belonging to the estate 
of the said Lovering, and situated on Dock square, so 
called, in said Boston, or to sell as aforesaid, a lot of land 
and the store thereon standing, and situated on the north 
side of State street in said Boston — the one or the other 
of said estates, as he shall judge best, for the parties in- 
terested ; and to execute good and sufficient deed or 
deeds thereof, to such person or persons, as may become 
the purchaser or purchasers of the same : provided, how- 
ever, that said Carter before executing any conveyance 
of the premises in pursuance of the power hereby grant- 
ed, shall make and execute to the judge of probate, for 
the county of Suffolk, a bond with sufficient sureties, in 
such sum, as he may require, with condition that the 
said Carter, shall well and truly vest the proceeds of the 
sale of said estate, in other real estate, or shall loan the 
same on good and sufficient security, by mortgages on 
real estate. 



556 COUNTY TAXES. 



CHAP. LXIX. 

A Resolve granting taxes for the several counties. 
April 12, 1837. 

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 ensu- 
ing, and of the sums necessary to discharge the debts of 
said counties. 

Resolved, That the sums placed against the names of 
the several counties, in the following schedule are here- 
by 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 Bristol, eighteen thousand dollars ; county of Essex, 
twenty-five thousand dollars ; county of Plymouth, twelve 
thousand dollars ; county of Norfolk, thirteen thousand 
dollars ; county of Worcester, twenty-five thousand dol- 
lars ; county of Barnstable, seven thousand dollars ; coun- 
ty of Middlesex, thirty thousand dollars ; county of Berk- 
shire, twelve thousand dollars ; county of Hampshire, six 
thousand dollars; county of Franklin, eight thousand 
dollars ; county of Hampden, seven thousand dollars ; 
county of Duke's county, five hundred dollars. 



URIAH WRIGHT. 557 



CHAP. LXX. 

Resolve on the petition of Rhoda Baxter. 

April 12, 1837. 

Resolved., for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of this 
Commonwealth, to Rhoda Baxter, the sum of fifty dol- 
lars in full, for services rendered by her late husband, 
Malachi Baxter, in the revolutionary war, and that a 
warrant be drawn therefor. 



CHAP. LXXI. 

Resolve on the petition of Uriah Wright. 

April 12, 1837. 

Resolved., for reasons set forth in the said petition, that 
there be allowed and paid out of the treasury of the Com- 
monwealth, to Uriah Wright of Beverly, in the county of 
Essex, the sum of fifty dollars, in full, for services ren- 
dered by him, and by the late husband of his present 
wife, in the revolutionary war, and that a warrant be 
drawn therefor. 



558 GEOLOGICAL SURVEY. 



CHAP. Lxxn. 

Resolve on the petition of Nathaniel Emmes. 

April 12, 1837. 

Resolved, for reasons set forth in the said petition, that 
there be allowed and paid ont of the treasury of the Com- 
monwealth to Nathaniel Emmes of Boston, the sum of 
fifty dollars, in full, for services performed by him in the 
war of the revolution, and that a warrant be drawn there- 
for. 



CHAP. LXXIII. 

Resolve for a further Geological Survey of this Common- 
wealth. 

April 12, 1837. 

Resolved, That his excellency the governor, with the 
advice and consent of the council, is hereby authorized 
and requested to appoint some suitable person or persons 
to make a further and thorough geological, mineralogical, 
botanical and zoological survey of this Commonwealth, 
under his direction, particularly in reference to the dis- 
covery of coal, marl and ores, and an analysis of the va- 
rious soils of the state, relative to an agricultural benefit. 



SLAVERY. 559 

And he is hereby authorized, to draw his warrant from 
time to time, upon the treasurer of this Commonwealth, 
for any sum not exceeding two thousand five hundred 
dollars for the foregoing purpose. 



CHAP. LXXIV. 

Resolve on the petition of Rebeckah Beaman. 

April 12, 1837. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of the 
Commonwealth, to Rebeckah Beaman, the sum of fifty 
dollars, in full for services rendered by her late husband, 
Jonas Beaman, in the revolutionary war, and that a 
warrant be drawn therefor. 



CHAP. LXXV. 

Resolve on sundry petitions relative to Slavery in the Dis- 
trict of Columbia, and the right of Petition. 

April 12, 1837. 

Whereas, the house of representatives of the United 
States, in the month of January, in the year of our Lord 
one thousand eight hundred and thirty-seven, did adopt 
a resolution, whereby it was ordered that all petitions, 



660 ' SLAVERY. 

memorials, resolutions, propositions or papers, relating in 
any way, or to any extent whatever, to the subject of 
slavery, or the abolition of slavery, without being either 
printed or referred, should be laid upon the table, and 
that no further action whatever should be had thereon ; 
and whereas, such a disposition of petitions, then or there- 
after to be received, was a virtual denial of the right 
itself; and whereas, by the resolution aforesaid, which 
was adopted as a standing rule of the aforesaid house of 
representatives, the petitions of a large number of the 
people of this Commonwealth, praying for the removal of 
a great, social, moral and political evil, have been slighted 
and contemned : therefore. 

Resolved, That the resolution above named is an as- 
sumption of power and authority at variance with the 
spirit and intent of the constitution of the United Slates, 
and injurious to the cause of freedom and free institutions ; 
that it does violence to the inherent, absolute and inalien- 
able rights of man ; and that it tends essentially to im- 
pair those fundamental principles of natural justice and 
natural law wiiich are antecedent to any written consti- 
tutions of government, independent of them all, and 
essential to the security of freedom in a state. 

Resolved, That our senators and representatives in 
Congress, in maintaining and advocating the full right of 
petition, have entitled themselves to the cordial approba- 
tion of the people of this Commonwealth. 

Resolved, That Congress, having exclusive legislation 
in the District of Columbia, possess the right to abolish 
slavery in the said District, and that its exercise should 
only be restrained by a regard to the public good. 



PAUPER ACCOUNTS. 561 



CHAP. LXXVI. 



Resolve providing for the compensation of the Directors 
of the Western Rail-road Corporation, 

April 13, 1837. 

Resolved, That there be paid out of the treasury of 
this Commonwealth, to each of the directors of the West- 
ern Rail-road Corporation that has been or may be chosen 
on the part of the state, in addition to their actual ex- 
penses paid by the corporation, the sum of three dollars 
for every day that has been or shall be spent by them in 
performance of their duties as directors ; and that war- 
rants shall be drawn accordingly. 



PAUPER ACCOUNTS. 

The Committee on Accounts, in pursuance of an order 
of the 24th ult., directing them to " report a resolve to 
provide for the receiving and auditting such pauper ac- 
counts as may be presented within ten days," report : 

That there are due to the several corporations and per- 
sons hereinafter mentioned, the sums set to their names 
respectively, which, when allowed and paid, will be in 
full discharge of said accounts to the first day of January, 
1837, viz. : 

72 



562 PAUPER ACCOUNTS. 

Brookline, for support of George Thompson, 

adult, and Ann Potter, child, $36 74 

Carver, for support of Cuff Collins, adult, 25 62 

Concord, for support of Violanthj Briggs, adult, 
and her children, Mary Ann, William and 
Lucy, for twenty-five days, the same having 
been erroneously deducted from the account 
of said tovi^n, in former roll, 4 75 

Easton, for support of John Carrol and James 

Quinley, adults, in the years 1835 and 1836, 92 26 

Hopkinton, for support of Susan Parker, a child, 

in 1835, 17 54 

Ipswich, for support of John O'Brien, adult, 25 55 

Leominster, for support of William Shener, 
adult, 25 62 

Medford, for support of Lydia Brooks, Barzil- 
lia Yarner, Richard Butler, Michael Farrol 
and Margaret Fielding, adults, and Elias and 
Maria Brooks and John Yarner, children, 126 19 

Medway, for support of Phebe Curtis adult, 25 55 

Middleton, for support of Edmund Francis, 

adult, 20 80 

Quincy, for support of Elizabeth Barron, Re- 
becca Manchester, Mary O'Donnald, Sarah 
Durant, Daniel Williams and Benjamin 
Childs, adults, 81 48 

Sandisfield, for support of Caesar and Chloe 
Shelton and Daniel Day, adults, and Benja- 
min Whitney, Elisha, William, Henry and 
Melissa Ring, and Robert, Lydia, Nancy and 
Alfred Titus, children, 183 97 

Sterling, for support of George Onslow, child, 

in 1835, 17 54 

Townsend, for burial of John Abbot, adult, 5 00 



PAUPER ACCOUNTS. 563 

Upton, for support of Oliver Hansbruck, Thos. 
Graham, Mary Bryant and Deborah Brown, 
adults, and Margaret Brown, child, and bur- 
ial of Thomas Graham, 75 80 

Waltham, for support of James Buchanan, 

adult, 25 62 

Sheffel Weaver, guardian of Indians in Fall 

River, for 1835, 60 73 



Total of foregoing roll, ^50 76 



CHAP. LXXVII. 



Resolve authorizing the payment of certain Pauper 

Accounts. 

April 13, 1837. 

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 eight hundred and fifty dollars and seventy-six 
cents, the same being in full discharge of the accounts 
and demands to which they refer ; and that a warrant be 
drawn accordingly. 



564 JAMES PITTS. 



CHAP. LXXVIII. 

Resolve on the petition of James Pitts. 

April 14, 1837. 

Resolved^ for the reasons set forth in said petition, 
that James Pitts of Chelmsford, in the county of Mid- 
dlesex, Esquire, as he is guardian of Richard Pitts, Wil- 
liam L. Pitts, John J. P. Davis, Sarah C. Davis, all of 
Boston, in the county of Suffolk, minors, and George 
Pitts and Sarah M. Pitts of Cambridge, in the county of 
Middlesex, minors, is hereby authorized and empowered 
to release and convey unto the city of Boston or their 
assigns, all the right, title and estate of said minors in 
and to certain lands near the old town dock, in said Bos- 
ton, (owned by said minors and others as tenants in com- 
mon,) formerly used as passage ways, and which are de- 
scribed in the deed of division of the heirs of John Pitts 
deceased, bearing date June 4, 1764, and recorded with 
the Suffolk deeds. Lib. 101, fol. 204, at the same rate at 
which the other tenants in common of said lands who 
are of full age, shall convey to said city : provided, how- 
ever^ that said guardian first give bonds with sufficient 
sureties, to the several judges of probate for the counties 
of Suffolk and Middlesex, to account for the proceeds of 
such sale according to law. 



EYE AND EAR INFIRMARY. 565 



CHAP. LXXIX. 

Resolve concerning Deaf and Dumb Persons. 
April 14, 1837. 

Resolved, That all persons now at, or who may be 
hereafter admitted into the American Asylum at Hart- 
ford, as beneficiaries of this Commonwealth, agreeably 
to the provisons of previous resolves, be permitted to re- 
main therein for a term not exceeding five years, instead 
of four, as hitherto provided, at the discretion of his ex- 
cellency the governor. 

Resolved, That there be allowed and paid out of the 
appropriations for said asylum annually, a sum not 
exceeding twenty dollars, for providing necessary wear- 
ing apparel for each beneficiary of this Commonwealth 
in said asylum, whose parents or guardians are unable to 
make suitable provision for that purpose from their own 
means. 



CHAP. LXXX. 

Resolve on the petition of the Massachusetts Charitable 
Eye and Ear Infirmary, 

April 14, 1837. 

Resolved, That for the reasons set forth in said peti- 
tion, there be allowed and paid out of the treasury of 



566 ERASTUS WARNER. 

this Commonwealth, the sum of five thousand dollars 
to the Massachusetts Charitable Eye and Ear Infirmary, 
and also to the same, the further sum of two thousand 
dollars per annum for the next succeeding five years, in 
aid of the charitable purposes of said institution, and that 
warrants be drawn accordingly. 



CHAP. LXXXI. 

Resolve on the petition of Erastus Warner. 

April 15, 1837. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of the 
Commonwealth, to Erastus Warner of Great Barrington, 
in the county of Berkshire, the sum of five dollars, in full 
for his services as a member of a volunteer company of 
light infantry, belonging to the first regiment, first brig- 
ade, seventh division Massachusetts militia, in the year 
one thousand eight hundred and thirty-six, and that a 
warrant be drawn therefor. 



STATE PRISON. 667 



CHAP. LXXXII. 

Resolve on the petition of Sarah Tilden. 

April 15, 1837. 

Resolved^ for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of the 
Commonwealth, to Sarah Tilden, of Canton, in the 
county of Norfolk, widow of the late Ezra Tilden, of said 
Canton, deceased, fifty dollars in full for the services of 
her late husband in the revolutionary war, and that a 
warrant be drawn therefor. 



CHAP. LXXXIIl. 



Resolve for the erection of a Workshop in the State 

Prison. 

April 15, 1837. 

Resolved, That the inspectors of the state prison be 
allowed and authorized to use, out of the funds of the 
prison, any sum not exceeding three thousand dollars, for 
the erection of a workshop within the limits thereof. 



668 MOSES BLOOD. 



CHAP. LXXXIV. 

Resolve on the petition of William Munroe. 

April 16, 1837. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of the 
Commonwealth, to William Munroe, of Lexington, the 
sum of fifty dollars, in full for his services in the revolu- 
tionary war, and that a warrant be drawn therefor. 



CHAP. LXXXV. 

Resolve on the petition of Moses Blood. 

April 15, 1837. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of the 
Commonwealth, to Moses Blood of Pepperell, in the 
county of Middlesex, the sum of fifty dollars, in full for 
services by him rendered in the revolutionary war, and 
that a warrant be drawn therefor. 



TREASURER. 569 



CHAP. LXXXVI. 

Resolve to pay the Chaplains of the Legislature. 

April 15, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the chaplain of the 
senate, the sum of sixty dollars ; and to the chaplains 
of the house of representatives, the sum of thirty dollars 
each, and that warrants be drawn accordingly. 



CHAP. LXXXVII. 

Resolve authorizing the Treasurer to receive certain monies 
therein mentioned. 

April 17, 1837. 

Resolved, That the treasurer and receiver general is 
hereby authorized and directed to demand and receive 
the sum of fifty dollars and sixteen cents, now in the pos- 
session of Samuel A. Frazer, Esq., commissioner of wrecks, 
collected by him from the wreck of the brig Star, out of the 
effects of certain foreigners belonging to said brig ; and, 
on receiving the said sum, or so much of the same as may 
be due, to give such security to the said commissioner as 
will indemnify him against the lawful claims to said 
monies of all persons whatsoever. 
73 



570 DANIEL FLANDERS. 



CHAP. LXXXVin. 

Resolve on the petition of the Essex County Natural 
History Society. 

April 17, 1837. 

Resolved, for the reasons set forth in the petition of the 
Essex County Natural History Society, that there be 
allowed and paid out of the treasury of the Common- 
wealth, to the treasurer of the Essex County Natural 
History Society, for the time being, for the use of said 
society^ the sum of one hundred and fifty dollars annually, 
for five successive years, commencing on the first day of 
June next ; and the governor is hereby authorized to 
draw his warrants accordingly. 



CHAP. LXXXIX. 

Resolve on the petition of Daniel Flanders. 

April 19, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Daniel Flanders the 
sum of fifty dollars, in full for services performed by him 
in the revolutionary war, and that a warrant be drawn 
therefor. 



SAMUEL F. M'CLEARY AND OTHERS. 571 



CHAP. XC. 

Resolve authorizing the Governor to procure Works on the 
Criminal Law. 

April 19, 1837. 

Resolved, That his excellency the governor be author- 
ized to procure such books, relating to crimes and punish- 
ments and the incidents thereto, as the commissioners, 
under the resolve providing for the codification of so much 
of the common law, as relates to those subjects, may not 
be able to obtain convenient access to, and as his excellen- 
cy may deem expedient: provided, that the expense of pro- 
curing such books shall not exceed the sum of one thousand 
dollars, and that the same, when the commissioners afore- 
said shall have executed the duties of their commission, 
shall be deposited in the library of the general court ; 
and the governor is hereby authorized to draw his war- 
rant or warrants accordingly. 



CHAP. XCI. 

Resolve on the petitions of Samuel F. MCleary, William 
C. Ay twin, Susan Batch and Samuel Stillman, Guard- 
ian of Edward and fVilliam Batch, minors. 

April 19, 1837. 

Resolved, for the reasons set forth in said petitions, 
that the said M'Cleary and Aylwin, as trustees for the 



672 S:rATE-HOUSE. 

said Susan Balch during her life, pursuant to a deed made 
by Thomas Hughes to said M'Cleary and Ajlwin, re- 
corded in the registry of deeds for the county of Suffolk, 
in book 293, leaf 47; and the said Samuel Stillman, as 
guardian of said Edward and William Balch, minors, be 
and hereby are empowered to sell and convey, either by 
public auction or private contract, all the residue of said 
estate described in said deed, not heretofore taken by the 
mayor and aldermen of the city of Boston, for laying out 
Blackstone street, in said city, and containing about seven 
hundred and six square feet ; and upon such sale to make 
suitable conveyances, respectively, to transfer to the 
purchaser thereof all the title and interest of said trustees 
and minors therein, and that he said Aylwin shall join 
therein for conformity only : provided^ that the said 
Samuel F. M'Cleary shall first give bond to the judge of 
probate of the county of Suffolk, with surety to account 
for the proceeds of the sale that shall remain after pay- 
ment of charges, and pay over the income of the residue 
annually to the said Susan Balch, during her life, and 
upon her decease to account for and pay the principal 
sum to the persons entitled to the same, under and by 
virtue of the trust created by the deed aforesaid. 



CHAP. XCH. 

Resolve for repairs of the State- House, 
April 19, 1837. 

Resolved, That the committee on public buildings be 
authorized and directed to cause the roof of the upper 



STATE LUNATIC HOSPITAL. 673 

colonnade of the state-house to be coppered, during the 
recess of the General Court, and that they also cause 
such other repairs and alterations to be made in and 
about the state-house, as, in their opinion, are necessary 
for the preservation of the building ; and that the gov- 
ernor be authorized to draw w^arrants for the payment of 
such repairs. 



CHAP. XCIII. 

A Resolve making an appropriation for continuing the 
Trigonometrical Survey of the Commonwealth. 

April 19, 1837. 

Resolved, That the sum of three thousand five hun- 
dred dollars be appropriated for continuing the trigono- 
metrical survey of the Commonw^ealth, and that warrants 
be drawn from time to time as the same shall be required. 



CHAP XCIV. 



Resolve making an appropriation to meet the current expen- 
ses of the State Lunatic Hospital. 

April 19, 1837. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to the trustees of the State Lunatic Hos- 



674 PAY OF GENERAL COURT. 

pital, a sum not exceeding eight thousand dollars, to de- 
fray the current expenses of said hospital, and that war- 
rants be drawn therefor, from time to time, as the same 
may be required. 



CHAP. XCV. 

Resolve on the petition of Benjamin Webber. 

April 19, 1837. 

Resolved, for reasons set forth in said petition, that 
there be allowed and paid out of the treasury of the 
Commonwealth, the sum of fifty dollars to Benjamin 
Webber of Gloucester, in full for services rendered by 
him in the revolutionary war, and that a warrant be drawn 
therefor. 



CHAP. XCVI. 

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

Resolved, That there be paid out of the treasury of 
this Commonwealth to each member of the senate and 
house of representatives, two dollars and fifty cents, for 
each and every day's attendance as such, the present po- 
litical year, and the sum of two dollars for every ten 
miles travel from their respective places of abode, once 



PAY OF GENERAL COURT. 575 

in each session, to the place of the sitting of the General 
Court ; and also to each member of the council, two dol- 
lars and fiftj cents for each day's attendance at that board, 
at every session thereof, during the present political year, 
and the sum of two dollars for every ten miles travel from 
their respective places of abode, once in each session 
thereof, and to the president, and each president pro- 
tempore of the senate, and to the speaker of the house 
of representatives, each, two dollars for each and every 
day's attendance, in addition to their pay as members ; 
and his excellency the governor, with the advice and con- 
sent of the council, is hereby authorized and requested to 
draw his warrant accordingly. 

House of Representatives, April 18, 1837. 

Passed. 

JULIUS ROCKWELL, Speaker. 

In Senate, April 18, 1837. 

Passed. 

HORACE MANN, President, 



House of Representatives, April 19, 1837. 

This resolve having been returned to the house of 
representatives by his excellency the governor, together 
with his objections thereto, the said objections were en- 
tered at large on the journal, and the house proceeded to 
reconsider the said resolve ; and the question being stated 
on agreeing to pass the resolve, notwithstanding the said ob- 
jections, the yeas and nays were taken thereon, and two- 
thirds of the members present answering in the affirma- 



576 MESSAGE. 

tive, the house agreed to pass the same, notwithstanding 
the said objections. 

JULIUS ROCKWELL, Speaker. 



In Senate, April 19, 1837. 

The question being stated on passing this resolve, the 
governor's objections to the contrary notwithstanding ; 
and being taken as required by the constitution, by yeas 
and nays ; and two-thirds of the members present, and 
voting thereon, having voted in the affirmative, the senate 
agreed to pass the same, notwithstanding the said ob- 
jections. 

HORACE MANN, President. 



[The following is the Message referred to in the pre- 
vious proceedings.] 

The Honorable House of Representatives : 

A resolve making provision for the compensation of 
the members of the two houses and of the executive 
council, is herewith returned to the house of representa- 
tives in which it originated, with the following objections 
to its passage : 

By this resolve the rate of compensation of the mem- 
bers of the Legislature and of the council, is fixed at two 
dollars and fifty cents per die^n, being an increase of fifty 
cents per diem over the accustomed rate of compensation. 
It appears by a letter of the treasurer of the Common- 



MESSAGE. 577 

wealth of the 17th instant, a copy of which is herewith 
transmitted, that this increase of the compensation of the 
members of the two houses, and the council, will amount 
in the aggregate to a sum exceeding thirty-two thousand 
dollars. 

From the document referred to by the treasurer, of the 
13th of January, a printed copy of which is also transmitted, 
the estimate of the expenditure of the present year some- 
what exceeds that of the receipts, and this, after deducting 
from the expenditure the sum of one hundred and twelve 
thousand dollars, included in it on account of principal 
and interest of money borrowed last year, to meet 
the Commonwealth's subscription to the Western Rail- 
road, for the repayment of which, special provision has 
been made. It is the confident opinion of the present 
treasurer, that the estimate of the 13th January, made 
by his predecessor, by order of the house of representa- 
tives, is not too high. In some cases the actual appro- 
priations have exceeded the estimate in others; liberal 
appropriations, which could not have been foreseen, have 
been made. It was the opinion of the late treasurer, 
formed on this estimate, that authority ought to be grant- 
ed to borrow three hundred thousand dollars, in anticipa- 
tion of the revenue, to meet the current expenses of the 
year. Authority was given only to borrow two hundred 
and fifty thousand dollars for this purpose, and even this" 
sum exceeds, by twenty thousand dollars, the amount of 
the similar temporary loan for the year 1836. Under 
these circumstances, I fully concur with the treasurer in 
the statement, that there will not remain available funds 
in the treasury to meet the ordinary demands of the gov- 
ernment, and the additional sum required by the present 
resolve, unless payment be withheld of a part of the sums 
borrowed, under the resolve of February 29th, 1836, to 
meet the ordinary demands on the treasury for the last 
74 



578 MESSAGE. 

year; all of which, according to usage, is justly due. I 
cannot persuade myself, after careful consideration of the 
subject in this light, that it is expedient to divert to the 
object proposed by the resolve, so large a portion of the 
funds required to reimburse the temporary loans made to 
defray the ordinary demands on the treasury for the year 
1836. 

I feel myself therefore compelled, by a strong sense of 
public duty, to withhold my assent from the resolve. On a 
question of this character, it would have been far more 
agreeable to me, to give effect to the will of the Legis- 
lature. It will be considered, however, under the pecu- 
liar circumstances of the case, that it is impossible to 
give effect to the will of the House in which the resolve 
originated, as now expressed, without contravening a 
still stronger expression of its will, at an early stage of 
the session. In the conflict of the two decisions, to 
which the house has come on the subject, the unplea- 
sant duty devolves on the executive, to determine, as 
far as depends on this department of the government, 
to which of them the effect of law shall be given. No 
facts are known to me, which change the aspect of the 
question, considered on its merits, since it was decided 
by the house, in the month of February, against an in- 
crease of the usual compensation. Accordingly, in with- 
holding my signature from the resolve, in addition to 
the motive arising from the state of the treasury, I am 
greatly influenced by the circumstance, that 1 act in con- 
formity with the recorded decision of a full house, ex- 
pressing its pleasure in the most formal manner, by a 
majority little if any inferior to the entire number of the 
members of the house, now in attendance. 

In the view which I feel constrained to take of the 
subject, I do not enter into the question of the adequacy 
of the compensation proposed. I have no reason to be- 



MESSAGE. 579 

lieve, that the rate of increase exceeds that which has 
temporaril}' taken place in the expense of living, and 
which is still more severely felt, by a considerable num- 
ber of those employed in the public service. While the 
larger salaries paid by the state are ample, many of the 
smaller salaries afford, in the best times, but a very fru- 
gal living to a deserving class of citizens, who devote 
their whole time to official duty. To a few of these an 
increased allowance has been made by the present Legis- 
lature, and others are believed to be deserving of it. 
Should the increased expense of living prove permanent 
and the condition of the treasury, in a more settled state 
of the pecuniary affairs of the community, be found to 
warrant such a step, I have no doubt, that an increase in 
the rate of compensation of the members of the two 
houses and the council, and of the class of public officers 
alluded to, — if deemed advisable by the Legislature, — 
would be approved by the people of the Commonwealth. 
But a strong conviction of the entire inexpediency, at a 
time of extensive embarrassment and distress, and in the 
above described condition of the treasury, of adding so 
largely to the public expenditure, out of means which 
exist as yet only in anticipation, has compelled me re- 
luctantly to withhold my approval from this resolve of a 
Legislature, with which I have otherw^ise been so happy 
as to act in perfect harmony, and for which I entertain a 
profound respect. 

This feeling of respect would have led me to retain 
the subject under longer advisement ; but regard for the 
presumed convenience of the two houses has induced me 
to refer it, with as little delay as possible, to their farther 
consideration. 

EDWARD EVERETT. 
Council Chamber, \dth April, 1837. 



680 PRISCILLA CROOKER. 



CHAP. XCVII. 

Resolve on the petition of James Chase. 

April 19,1837. 

Resolved^ That the pension of one hundred dollars per 
annum, granted to James Chase, under resolve of March 
twenty-seventh, in the year eighteen hundred and thirty- 
four, for three years, for injuries received while in the 
performance of military duty, be continued for five years, 
from the first day of April, eighteen hundred and thirty- 
seven, and that warrants be drawn therefor. 



CHAP. XCVIII. 

Resolve on the petition of Priscilla Crooker. 

April 19, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Priscilla Crooker, the 
sum of fifty dollars, in full for services performed by her 
late husband Tilden Crooker, in the revolutionary war, 
and that a warrant be drawn therefor. 



CHARLES RIVER BRIDGE. 681 



CHAP. XCIX. 

Resolve on the petition of Frost Rockwood. 

April 19, 1837. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid out of the treasury of the 
Commonwealth, to Frost Rockwood, of Worcester, in 
the county of Worcester, the sum of fifty dollars, in full 
for his services as a soldier in the revolutionary war, and 
that a warrant be drawn therefor. 



CHAP. C. 

Resolves concerning Charles River Bridge. 
April 20, 1837. 

Resolved, That a joint committee be appointed to con- 
sist of two members on the part of the senate, and three 
members on the part of the house of representatives, to 
inquire and ascertain during the recess, and report to the 
next legislature, upon the following points. 1. What is 
the value of Charles River Bridge. 2. What would have 
been the value of the franchise of the corporation if the 
Warren Bridge charter had not been granted ? What 
would have been its value if the Warren Bridge had re- 
mained a toll bridge, and what is its value as it is now 



682 UNINCORPORATED LANDS. 

situated ? 3. To inquire whether any arrangement can 
be made with any cities, towns or counties, for contrib- 
uting to support said bridge, as a free public avenue ; and 
to report on any other question touching the relations of 
the Commonwealth with said bridge corporation. 

Resolved, That it shall be the duty of the attorney gen- 
eral to attend the meetings of said committee, when 
thereunto by them requested. 



CHAP. CI. 

Resolve relating to Unincorporated Lands. 

April 20, 1837. 

Resolved, That three commissioners be appointed by 
the governor, by and with the consent of the council, to 
view all the unincorporated lands of this Commonwealth, 
after having giv^en notice to all persons interested, and 
make arrangements for their incorporation or annexation 
to the adjoining towns, and report to the next General 
Court ; and that the governor and council be authorized 
to audit their accounts, and draw a warrant on the treasu- 
ry therefor. 



FRANKING PRIVILEGE. 583 



CHAP. CII. 

Resolve in favor of John V. Low. 
April 20, 1837. 

Resolved^ That there be allowed and paid out of the 
treasury, to John V. Low, assistant messenger to the 
governor and council, two dollars and fifty cents per day 
for each and every day he has been or may be employed 
in that capacity, during the sessions of the council for the 
present year, and that a warrant be drawn accordingly. 



CHAP. CHI. 

Resolves respecting the Franking Privilege. 
April 20, 1837. 

Resolved, That the franking privilege should be ex- 
tended to the governors of the several states, and to the 
secretaries thereof; and also to the chief clerk of both 
branches of the several state legislatures. 

Resolved, That his excellency the governor be request- 
ed to transmit a copy of these resolves to each of our 
senators and representatives in Congress, and to the 
governors of the several states. 



684 MARY ELIZABETH BADGER. 



CHAP. CIV. 

Resolve in favor of the Assistant Messengers of the Gen- 
eral Court. 

April 20, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to Elijah W. Cutting, 
Milton Hall, and David Murphy, assistant messengers of 
the General Court, in addition to their present allowance, 
the sum of fifty cents a day each, for each and every 
day's service rendered by them, during the present ses- 
sion, and that a warrant be drawn accordingly. 



CHAP. CV. 

Resolve authorizing the Governor to place Mary Elizabeth 
Badger at the Deaf and Dumb Asylum, at Hartford. 

April 20, 1837. 

Resolved, That his excellency the governor is hereby 
authorized, if he thinks fit, to place Mary Elizabeth 
Badger, daughter of William G. and Mary Badger, of 
Charlestown, a deaf and dumb child, aged ten years, at 
the Deaf and Dumb Asylum at Hartford. 



MILITARY ACCOUNTS. 585 



CHAP. CVI. 

Resolve in favor of sundry persons employed in attend- 
ance upon the General Court. 

April 20, 1837. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Henry Bacon and 
Abiel Holt, each the sum of two dollars, for each and 
every day that they have been, or may be employed in 
attendance upon the present session of the General Court; 
and to Orlando Pitts and Winslow Leach, the pages of the 
house and senate, the sum of twenty-five cents a day 
each, in addition to their present allowance, for each and 
every day's attendance they may have been, or shall be 
employed in that capacity, during the present session of 
the General Court ; and that warrants be drawn accord- 
ingly. 



CHAP. CVII. 

Resolve authorizing the payment of certain Military 

Accounts. 

April 20, 1837. 

Resolved, That there be allowed and paid out of the 
public treasury, to the several persons mentioned in the 
75 



686 MILITARY ACCOUNTS. 

annexed roll, the sums set to their names respectively, 
amounting in the whole to six hundred and eleven dol- 
lars and seventy-three cents, the same being in full dis- 
charge of the accounts and demands to which they refer, 
and that a warrant be drawn therefor. 



MILITARY ACCOUNTS. 



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Adjt. Edward Ames, 

" Thomas F. White, 
Simeon Read, Jr., . 
Daniel Josselyn, 
Ambrose Harris, 
Nathaniel Damon, 
Richard Billings, . 
Horace Hall, 
Eli Estes, . 
Asa C. Delano, 
Barker Hunt, 
Ezra Phillips, Jr., . 
Heman Thomas, • 
Turner Bowker, 
Robert Perry, 
Daniel D. Collins, • 
Orin G. Bates, 
Charles Church, 
Nathaniel Smith, . 
Thomas Turner, 
Martin Osborne, 
Edward L. Stetson, 
Sumner Leavitt, . 



MILITARY ACCOUNTS. 



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590 MILITARY ACCOUNTS. 



Second Roll of Military Accounts — Continued. 



Louis Dennis, for services as Brigade Inspector of 3d Brig. 1st 

Div., from Jan. 1, to Aug. 17, 1836, . . . . $15 75 

William S. Marland, Inspector pro tem. of 2d Brig. 2d Div., 

from Sept. 28, 1834, to July 4, 1836, . . . . 23 50 

Jeremiah Stone, Inspector of 2d Brig. 2d Div., from July 4, 

1836, to Feb. 1, 1837, 14 38 

Wyman Richardson, Inspector of 1st Brig. 3d Div., from Jan. 

1, to Dec. 31, 1836, ...... 25 00 

William Brown, Adjutant of 3d Reg. 2d Brig. 2d Div., from 

Jan. 1, to Dec. 31, 1836, ..... 12 00 

John Curtis, Adjutant of 1st Reg. 1st Brig. 4th Div., from Jan. • 

1, to Dec. 31, 1836, ...... 12 00 

Thomas Rogers, Adjutant of 1st Reg. 2d Brig. 4th Div., from 

Feb. 25, 1836, to April 7, 1837, . . . . 13 43 

William H. Andrews, Adjutant of 3d Reg. 2d Brig. 4th Div., 

from Jan 1, to Dec. 31, 1836, . . . . 12 00 

Natlian King, Adjutant of 4th Reg. 1st Brig. 5th Div., from 

Jan. 1, 1836, to March 1, 1837, .... 1400 

Sanmel M. Holman, Adjutant of Batt. of Light Infantry, 2d 

Brig. 5lh Div., from Jan. 1, to July 18, 1836, . . 8 17 

Edward Lamb, Adjutant pro tem. of 1st Reg. 1st Brig. 6th 

Div., from April 28, 1834, to April 28, 1835, . . 12 00 

Stephen W. Norcross, Adjutant of 2d Reg. 2d Brig. 6th Div., 

from Jan. 1, to Dec. 31, 18.36, . . . . 12 00 

Isaac Buttrick, Captain of Concord Artillery Company, for 

Horses to draw Guns, &c., . . . . . 55 00 

$229 23 



Recapitulation. — Pay Roll of Court Martial, . . 382 50 

" " Brigade Inspectors, . 78 63 

" " Adjutants, .... 95 60 

" « Hauling Artillery, . . 55 00 229 23 

$611 73 

Adjutant General's Office, Boston, April 15, 1837. — I hereby certify, 
that I have examined the accounts referred to in the preceding Roll, and 
that they are correct and well vouched. 

H. A. S. DEARBORN, Adjutant General. 



FUEL, &c. 591 



CHAP. CVIII. 

Resolve authorizing the Treasurer to borrow Money. 

April 20, 1837. 

Resolved, That the treasurer of this Commonwealth, 
is hereby authorized and directed to borrow of any of the 
banks in this Commonwealth, or of any corporation there- 
in, 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 mo- 
ney sufficient for the purpose, and not otherwise appro- 
priated, shall be received in the treasury : provided, how- 
ever, that the whole amount, borrowed by authority here- 
of, and remaining unpaid, shall not at any time exceed the 
sum of fifty thousand dollars. 



CHAP. CIX. 

Resolves to pay for Fuel and for other purposes. 

April 20, 1837. 

Resolved, That Benjamin Stevens, sergeant at arms, 
be authorized and required to procure fuel for the use of 



592 SHERIFFS, CORONERS, &c. 

the General Court the ensuing year, provided the same 
shall not exceed the sum of eleven hundred dollars. 

Resolved^ That said Stevens be authorized to procure 
such necessary articles for the use of the General Court, 
and the several public offices in the state-house, and to 
make such incidental repairs, and do such other necessary 
things as are not otherwise provided for : provided, the 
sum so expended shall not exceed four hundred dollars ; 
and the governor is hereby authorized to draw his war- 
rants for the sum of fifteen hundred dollars, for the pur- 
poses aforesaid. 



CHAP. ex. 

Resolve authorizing the payment of certain Sheriffs, Cor- 
oners, Printers and Miscellaneous Accounts. 

April 20, 1837. 

Resolved, That there be allowed and paid out of the 
public treasury, to the several persons named in the ac- 
companying Roll, the sums set against their names res- 
pectively, amounting in the whole to nine thousand, 
eight hundred and ninety-two dollars, and fifty-nine cents, 
the same being in full discharge of all the accounts and 
demands to which they refer ; and that a warrant be 
drawn therefor. 



PRINTERS. 593 



ROLL OF ACCOUNTS, 

Audited by the Treasurer of the Commonwealth, and 
reported April I9th, 1837. 

SHERIFFS AND CORONERS. 

Bancroft, Timothy W., for taking an inquisition 

June 23, 1836, ■ 12 84 

Cudworth, Abiel, for burying the body of a 

stranger, &c. to March 25, 1837, 8 00 

Hinckley, E. M., for taking an inquisition to 

March 4, 1837, 17 84 

Knowles, Henry, for taking an inquisition to 

March 16, 1837, 16 76 

Lyman, Joseph, for returning votes, &c. to 

November 20, 1836, 41 00 

Nevers, John, for returning votes and distrib- 
uting blanks, to November, 1836, 42 00 

Smith, Mace, for taking an inquisition to March 

28, 1837, 20 48 

Stiles, Theodore L., for taking an inquisition, 

September 26, 1836, 16 08 

Tilden, Wales, Jr., for taking inquisitions, &c. 

to May 4, 1836, 30 66 



$205 66 

PRINTERS. 

Badger & Porter, for papers supplied to April 

15, 1837, 152 12 

76 



594 PRINTERS. 

Bazin, George W., for papers supplied to April 
15, 1837, 

Beals & Greene, for advertising, and for papers 
to April 15, 1837, 

Boston Wesleyan Association, for papers sup- 
plied to April 15, 1837, 

Breck, Joseph, k, Co., for papers supplied to 
April 15, 1837, 

Bemis, George F., for publishing the laws of 
1 835 and 1 836, and for advertising to De- 
cember 17, 1836, 

Bradford & Amesbury, for advertising, and for 
publishing the laws of 1836, 

Breed, E. D., for publishing the laws of 1835 
and 1836, 

Briggs, L. & Co., for advertising, &c. to June 
8, 1836, 

Bowles, Samuel, for advertising, and for papers 
to April 10, 1837, 

Buffum, Jonathan, for advertising, and for pub- 
lishing the laws of 1835 and 1836, 

Clapp, William W., for advertising, &:c. and for 
papers to April 15, 1837, 

Clapp, D. Jr., for papers supplied to April 13, 
1836, 

Davis, George S., for advertising, and for pub- 
lishing the laws of 1836, 

Dill &. Nichols, for papers supplied to April 15, 
1837, 

Dutton & Wentworth, for advertising, and for 
papers to April 15, 1837, 

Earle, J. M., for advertising, &:c. to October 
17, 1837, 

Foote, C, for papers supplied to April 15, 1837, 



43 


27 


354 


72 


32 


89 


105 


01 


34 


32 


23 


66 


33 


32 


21 


75 


26 


17 


38 


82 


98 


99 


5 


19 


18 


17 


S3 


31 


55 


01 


43 


00 


13 39 



PRINTERS. 595 

Ford, John, for papers supplied to April 15, 

1837, 188 92 

Hallett, Benjamin F., for papers supplied to 

April 15, 1837, 351 50 

Harrington & Co., for papers supplied to April 

15, 1837, . 122 37 

Hammond & Earle, for advertising, and for 

publishing the laws of 1836, 34 16 

Haughton, Richard, for advertising, and for pa- 
pers to April 15, 1837, 262 3 

Homer & Palmer, and Joseph H. Adams, for 

advertising, and for papers to April 15, 1837, 317 92 

Houghton, John S., for publishing the laws of 

1836, 16 ^^ 
Ives, W. & S. B., for advertising, and for pub- 
lishing the laws of 1835 and 1836, 75 83 

Knowlton, John S. C, for advertising, and for 

publishing the laws of 1836, 22 67 

Lansing, A., for papers supplied to April 15, 

1837, 8 77 
Nichols, William, for papers supplied to April 

15, 1837, 44 78 

Newburjport Herald, for papers supplied to 

April 15, 1837, 1 16 

Palfraj & Cook, for advertising, &c. and for 

papers to April 15, 1837, 46 16 

Palfray & Chapman, for papers supplied to April 

13, 1837, 24 23 

Phelps, A., for publishing the laws of the year 

1836, 16 67 
Phinnej, S. B., for papers supplied to April 15, 

1837, ' 8 08 
Porter, William S., for papers supplied to April 

12, 1837, 50 83 



596 MISCELLANIES. 

Proprietors of the Boston Courier, lor adver- 
tising and for papers to April 15, 1837, 201 G7 

Proprietors of the Daily Advertiser, for papers 

supplied to April 15, 1837, 168 46 

Proprietors of the Liberator, for papers sup- 
plied to April 15, 1837, 79 33 

Proprietors of the Boston Investigator, for pa- 
pers supplied to April 15, 1837, 8 61 

Reed, David, for papers supplied to April 15, 

1837, 22 62 

Spooner, M., for advertising and for publishing 

the laws of 1836, 48 67 

Torre J & Blair, for papers supplied to April 15, 

1837, 6 66 

Toser, Hiram, for advertising and for publishing 

the laws of 1836, 18 16 

Weeks, Jordan & Co., for papers supplied to 

April 15, 1837, 1 73 

Wheildon, W. W., for advertising and for pub- 
lishing the laws of 1836,^ 50 16 

Willis, Nathaniel, for papers supplied to April 

15, 1837, 40 19 

Wood, A. H., for papers supplied to April 15, 

1837, 106 10 

Woodbury, Charles W., for papers supplied to 

April 16, 1837, 90 65 

Dearborn & Bellows, for papers supplied to 

April, 1837, 23 65 

$3,592 86 

MISCELLANIES. 

Bacon, Henry, assistant to sergeant at arms, to 

April 15, 1837, 160 50 



MISCELLANIES. 697 

Burditt, James W., for stationary, &c. suppli- 
ed to April 4, 1837, viz : for the secretary's 
office, ;$f620 31 

For the senate, house, sergeant at arms, 

&c. (No. 2,) 1121 79 

For the senate, 216 43 

For the land office, 24 75 

For the library, 20 01 

For the attorney general, 14 59 

2,017 88 

Cutting, Elijah W., assistant to sergeant at arms 
to 15th April, 1837, ^^21 4, and for his son's 
attendance on the Legislature to April 15, 
1835, ^60, 274 

Hall, Milton, his attendance as doorkeeper to 

the senate to April 15, 1837, 214 

Holt, Abiel, assistant to sergeant at arms, to 

April 15, 1837, 160 50 

Leach, Matthias, for the services of his son as 

page to the senate, to April 15, 1837, 102 00 

Loring, Josiah, for stationary, &c. furnished 

the secretary and treasurer to April 5, 1837, 215 07 

Moore, Thomas, for lithographing chart of Bos- 
ton harbor, printing fifteen hundred copies of 
do. and paper, 250 00 

Murphy, David, assistant messenger to the ser- 
geant at arms, to April 15, 1837, 214 00 

Pitts, Sarah, for the services of her son as page 
to the house of representatives, to April 15, 
1837, 104 00 

Stevens, Benjamin, sergeant at arms, for bal- 
ance of his account, 1,055 30 



698 AGGREGATE. 

Wheeler, John H., carpenter's &c., to March 

25, 1837, 1,326 82 



;^6,094 07 



AGGREGATE. 



Sheriffs and coroners, 205 66 

Printers, 3,592 86 

Miscellanies, 6,094 07 



^9,892 59 



Otommontoealt!) of iWiassacfjusetts, 



SECRETARY'S OFFICE, May 23, 1837. 

I HEREBY CERTIFY, that I have compared the Resolves, Messages and 
other Documents printed in this Pamphlet, with the original papers in this 
department, and find the same to be correct. 



JOHN P. BIGELOW, 

Secretary of the Commonwealth. 



INDEX 



RESOLVES, MESSAGES, &c., 



jAxnTiHRir szissioir, i837. 



A. 

Accounts, Rolls of, ... 493, 504, 526, 562, 587, 593 

Adjutant General, authorized to sell certain gun-house lands in 

Concord and Danvers, ..... 482 
Address, Inaugural, of the Governor to the Legislature, . 451 
Agricultural Survey of the State, provided for, . . . 554 
Amendment of the Constitution, twelfth article of, enrolment of, 537 
Archives of the Commonwealth, preservation of, further provid- 
ed for, 549 

Aroostook Road, completion of, provided for, . . . 553 



B. 



Badger, Mary E., to be admitted into the American Asylum, 

Bailey, Lucy B., grant to, for revolutionary services of her hus 
band, ...... 

Ballard, John and Joseph, authorized to convey certain real es 
tate, ...... 

Bartlett, John E., payment of, as a member of the House, 

Baxter, Rhoda, grant to, for revolutionary services of her hus- 
band, ...... 

Beaman, Rebecca, grant to, for revolutionary services of her 
husband, ...... 

Blood, Moses, grant to, for revolutionary services, 

A 



584 

536 

477 
472 

557 

559 
568 



ii INDEX. 

Books in the Secretary's Office, distribution of certain, . . 473 

Boston Harbor, compensation for Survey of, provided for, . 522 
Bowdoin College, concerning petition of President and Trustees 

of, 484 

Breed, Ebenezer, trustee, may sell certain lands, . . 483, 541 
Brooks, Aaron Jr., grant to, for services as Judge Advocate, . 523 
Buck, Bushrod, and others, on petition of, appropriation of cer- 
tain ministerial funds, ..... 547 



c. 

Carter, Joel, executor, may sell certain real estate, . . 555 

Chaplains of the Legislature, compensation of, . . . 569 

Cliappequiddic Indian, support of one, provided for, . . 552 

Charles River Bridge, inquiry concerning, authorized,; . . 581 

Chase, James, pension to, continued, .... 580 

Clerks of the Senate and House, compensation of, . . 543 

Commissioners for codifying the Common Law, compensation of, 548 

" for Survey of Boston Harbor, compensation of, . 522 

Common Law, codification of a part of, provided for, . . 500 

Conant, Nathaniel, and others, grant to, for militia services, . 542 

Congress, Provincial, printing of Journal of, authorized, . 501 

Constitution, Enrolment of twelfth article of amendment of, . 537 
Coroners, (see Rolls of Accounts.) 

County Taxes, allowed to be assessed, .... 556 
Criminal Law, Governor authorized to procure works concern- 
ing, 571 

Crooker, Priscilla, grant to, for revolutionary services of her 

husband, ....... 580 



D. 

Deaf and dumb beneficiaries of the State to be furnished with 

clothing, &c. ...... 565 

Directorsof the Western Rail-road, compensation of, . . 561 



Erames, Nathaniel, grant to, for revolutionary services, . . 558 

Essex County Natural History Society, grant to, . . 570 

Eye and Ear Infirmary, Massachusetts Charitable, grant to, . 565 



INDEX. iii 



F. 

Fisher, Leonard, grant to, for revolutionary services, . . 537 

Flanders, Daniel, grant to, for revolutionary services, . . 570 

Franking privilege, concerning extension of, . . . 583 

French, Nathaniel, ^d, grant to, for injuries received while in 

employment of the State, .... 501 

Fuel and other purposes, appropriation for, . . . 591 



G. 

Gates, Henry, pension of, increased, . . . . 536 

Geological survey of the state, further prosecution of, . . 558 

Green leaf, Richard C, trustee, may sell certain real estate, . 489 

Gun-house lands in Maine, right to, relinquished, . . 551 



H. 



Harbor of Boston, compensation for survey of, . . . 522 
Henley, William C, grant to, for injury received while on mili- 
tary duty, ...... 485 

Holman, Samuel M., grant to, for arresting fugitives from justice, 552 

Horsum, Ebenezer, grant to, for revolutionary services, . . 503 



I. 

Inaugural Address of the Governor, . . . . 451 

Infirmary, Massachusetts Charitable Eye and Ear, grant to, . 565 



J. 

Jarves, Deming, trustee, may sell certain real estate, . . 487 

L. 

Lands, unincorporated, commissioners concerning, appointed, 582 

Lanesborough, appropriation of certain ministerial funds in, . 547 

Legislature, payment of members of, . . . . 574 
B 



iv INDEX. 

Lindley, Abigail, grant to, for revolutionary services of tier hus- 
band, 491 

Low, John v., compensation of, as messenger, . . . 583 

Lunatic Hospital, appropriations for enlargement and support of, 546, 573 



M. 

Maine, certain gun-house lots to be relinquished to, . . 551 

Mansfield, Allen, and others, grant to, for injuries occasioned by 

the trigonometrical survey, .... 545 

McCleary, Samuel F., and others, trustees, &c. may sell certain 

real estate, ....... 571 

Message of the Governor, (Inaugural Address,) . . . 451 

" " " transmitting documents referred to 

in the address, . . . 468 

" " " communicating the resignation of 

the Major General of the sixth di- 
vision, .... 469 

" " " communicating report of the Com- 

missioners for enlarging Lunatic 
Hospital, .... ib. 

" " " communicating the report of the 

Commissioner of Marshpee, . 470 

" " " communicating a document from 

the Governor of 3Iaryland, . 471 

" " " communicating report of Commis- 

sioners for survey of Boston Har- 
bor, .... 475 

" " " communicating a letter of William 

Jackson, declining the office of di- 
rector of the Rail-road, . . 486 

" " " communicating a document from the 

Governor of Maine, . . 488 

" " " concerning the construction of cer- 

tain roads in Maine, . . . 544 

" " " communicating report of Geological 

Survey of lands in Maine, . 547 

" " " communicating documents from the 

Legislatures of Vermont, Alabama, 
Georgia and New Hampshire, . 549 

" " " returning with objections the Resolve 

concerning pay of members, . 576 

Messengers of the General Court, compensation of, . . 584, 585 



INDEX. V 

Military account, rolls of, ..... 526, 587 

Munroe, William, grant to, for revolutionary services, . . 568 



o. 

Otis, John, reimbursement to, of certain auction duties, . . 482 

P. 

Pauper Accounts, rolls of, ..... 504, 562 

Pay of Council, Senate and House, provided for, . . 574 
" " " " message of the Governor, 

concerning, . . 576 

Petition, right of, resolutions concerning, . . . 559 

Pitts, James, guardian, may sell certain real estate, . . 564 

Plymouth Colony Lavv^s, compensation for compiling, &c. . 481 

Prescott, William, pension of, increased, .... 486 

Printers, (see Rolls of Accounts,) 

Prison Discipline Society, purchase of report of, . . 478 

Province lands in Provincetown, appointment of commissioners 

concerning, ...... 550 

Provincial Congress, Journal of, to be printed, . . , 501 

Q. 

Quartermaster General's Department, appropriation for, . . 553 



R. 

Rail-road, Western, compensation of Directors of, . . 561 

Revised Statutes and other books, distribution of, . . 473 

Rockwood, Frost, grant to, for revolutionary services, . . 581 

Rolls of Accounts, .... 493, 504, 526, 562, 587, 593 



Saunders, Jane, provision for support of, . . . . 552 

Secretary, apartments of, to be altered, .... 503 

" may employ additional clerks, . . • 551 

Sergeant at Arms authorized to purchase fuel, &c. . . 591 

Sheriffs, (see Rolls of Accounts.) 



VI 



INDEX. 



Slavery, and right of petition, resolutions concerning, . . 559 

Smitli, Samuel, guardian of heirs of, may convey certain real 

estate, ....... 474 

Southampton, reimbursement to, for expenses concerning a state 

pauper, ....... 521 

Squiers, Tliomas, grant to, for revolutionary services, . . 476 

State Prison, workshop to be erected in, . . . . 567 

State House, repairs on, authorized, .... 572 

Stevens, Benjamin, trustee, may convey certain real estate, . 523 

Stockbridge, David and others, grant to, for damages occasioned 

by the trigonometrical survey, .... 502 

Survey of the State, Agricultural, provided for, . . . 554 

" " " Geological, &c. further provided for, . 558 

'^ " " Trigonometrical, appropriation for, . 573 



T. 



Taxes, for the several Counties, allowed, 

Thacher, Peter O., administrator, may sell certain real estate, 

Tilden, Sarah, grant to, for revolutionary services of her hus 

band, ..... 
Treasurer authorized to borrow money, . 

'< may employ additional clerks, 

" to receive certain monies. 
Treasury, standard weight in, payment for. 
Trigonometrical Survey of the State, appropriation for, 
Tuttle, Catharine, grant to, for revolutionary services of her hus 
band, ...... 



556 

478 

567 
471, 591 
551 
569 
489 
573 

522 



u. 



Unincorporated Lands, commissioners concerning, appointed, 



582 



w. 



Warner, Erastus, grant to, for militia services, 
Webber, Benjamin, grant to, for revolutionary services. 
Weights, Standard, in the Treasury, payment for, 
Wheelock, Martin, pension continued to, 
Wright, Uriah, grant to, for revolutionary services. 



566 
574 
489 
545 
557 



Y. 



Young, Mary, grant to, for revolutionary services, 



543 



RESOLVES 



THE GENERAL COURT 



Commantoea!t|> of ^IBajSjJatJju^ettjS, 



PASSED AT THE SEVERAL SESSIOJVS, 



COMMENCING JANUARY, 1835, AND ENDING APRIL, 1838. 



PUBLISHED BY THE SECRETARY OF THE COMMONWEALTH, 

^gteeaWj to a liesolbc of t1)c si|:tcent]& Slanuatj, 1812. 



BUTTON AND WENTWORTH, PRINTERS TO THE STATE. 
1838. 



RESOLVES 



THE GENERAL COURT 



Commontoeaiti) of 4^aiS^acIju^ett^, 



PASSED 



AT THE SESSION WHICH COMMENCED ON WEDNESDAY, THE THIRD OF JANUARY, 

AND ENDED ON WEDNESDAY, THE TWENTY-FIFTH OF APRIL, ONE 

THOUSAND EIGHT HUNDRED AND THIRTY-EIGHT. 



PUBLISHED BY THE SECRETARYOF THE COMMONWEALTH, 

Stjjreeablj to a Silesolbe of tj)e sfjrteentlj Santiaris I812. 




nouton: 

DUTTON AND WENTVVORTH, PRINTERS TO THE STATE. 
1838. 



CIVIL. GOVERNMENT 

OF THE 

isrommoniuealtii of M^fif^^t^xt^ttinf 

FOR THE POLITICAL YEAR 1838. 



HIS EXCELLENCY 

EDWARD EVERETT, 

GOVXSRN-OR. 

HIS HONOR 

GEORGE HULL, 

X.IEVTX!IT/VITT GOVERXTOR. 



COUNCIL, 



WARREN LOVERING, 
SAMUEL MIXTER, 
SIDNEY WILLARD, 
JOHN HOWARD, 
DAVID JOY, 
HENRY SHAW^5 
CALEB FOOTE, 
WILLIAM MINOT, 
EDWARD WALCOTT. 



JOHN P. BIGELOIV, 

Secretary of the Commonwealth. 
WILLIAM TUFTS, 1st Clerk. CHARLES W. LOVETT, 2d Clerk. 

DAVID VTILDER, 

Treasurer and Receiver General of the Commonwealth. 
JOSEPH FOSTER, l«t Clerk. JOHN I. LIN2EE, 2d Clerk. 



SENATE. 
MYRON liAI^RENCE, 

PRESIDENT. 



SUFFOLK DISTRICT. 

Samuel Hubbard, Stephen Fairbanks, 

Thomas Motley, Josiah Quincy, Jr. 

Nathan Gurney, Samuel Dorr. 

ESSEX DISTRICT. 

Charles Kimball, Jeremiah Spofford, 

Warwick Pal fray, Jr. Samuel Lane, 

Daniel Adams, 3d, Daniel P. King. 

MIDDLESEX DISTRICT. 

Nathan Brooks, Lilley Eaton, 

Stuart J. Park, Samuel B. Walcott. 

Levi Farvvell, 

WORCESTER DISTRICT. 

Charles Hudson, James G. Carter, 

Linus Child, Thomas Kinnicutt, 

William Hancock, Artemas Lee. 

HAMPSHIRE DISTRICT. 

Myron Lawrence, William Clark, Jr. 



SENATE. 603 

FRANKLIN DISTRICT. 
James C. Alvord. 

HAMPDEN DISTRICT. 

George Ashmun, Reuben Boise, Jr. 

BERKSHIRE DISTRICT. 
Stephen B. Brown, Lester Filley. 

NORFOLK DISTRICT. 

Thomas French, Joseph L. Richardson. 

Samuel G. Goodrich, 

PLYMOUTH DISTRICT. 
John A. Shaw, Joseph Meigs. 

BRISTOL DISTRICT. 

Charles H. Warren, John Eddy. 

Lemuel May, 

BARNSTABLE DISTRICT. 

Charles Marston. 

NANTUCKET AND DUKES' CO. DISTRICT. 

Barker Burnell. 



Charles Calhoun, Clerk. 
W. P. Gragg, Assistant Clerk, 
Rev. Ralph Sanger, Chaplain. 



HOUSE OF REPRESENTATIVES. 



ROBERT C.WINTHROP, 

SPEAKER. 

COUNTY OF SUFFOLK. 

Boston, Benjamin Abrahams, 

Henry Andrews, 
Ivers J. Austin, 
George Blake, 
James Barry, 
J. Vincent Browne, 
Edward Brooks, 
Martin Brimmer, 
Samuel Chessman, 
James Clark, 
Zebedee Cook, Jr. 
Charles P. Curtis, 
John L. Dimmock, 
Thomas Edmands, 
William T. Eustis, 
Joseph Eveleth, 
Benjamin Fiske, 
David Francis, 
Daniel L. Gibbens, 
John C. Gray, 
Samuel Greele, 



HOUSE OF REPRESENTATIVES. 605 

Boston, John Green, Jr. 

Eliphalet P. Hartshorn, 
Jacob Hajes, 
Samuel Hitchborn, 
Enoch Hobart, 
James L. Homer, 
Cranston Howe, 
Thomas Hudson, 
Thomas Hunting, 
Zachariah Jellison, 
Benjamin Lamson, 
Charles Leighton, 
Charles Lincoln, 
Edward G. Loring, 
Richard A. Newell, 
David Nickerson, 
John C. Piirk, 
William Parsons, 
Abel Phelps, 
Solomon Piper, 
Royall L. Porter, 
Samuel Quincy, 
John Rayner, 
Jeffrey Richardson, 
Henry G. Rice, 
Simon W. Robinson, 
Robert E. Ruthven, 
James Savage, 
Lemuel Shattuck, 
John B. Stebbins, 
William Sturgis, 
Charles A. Wells, 
John B. Wells, 
Thomas Wetmore, 



606 



HOUSE OF REPRESENTATIVES. 



Boston, 
Chelsea^ 



Amesbury, 
Andover, 

Beverly, 



Boxford, 

Bradford, 

Danvers, 



Essex, 
Gloucester, 



Hamilton, 
Haverhill, 



Ipswich, 
Lynn, 



Robert C. Winthrop, 
H. H. W. Sigourney. 

COUNTY OF ESSEX. 

Edmund Sargent, 
Benjamin Young, 
Thomas C. Foster, 
William Johnson, Jr. 
Joseph Shattuck, Jr. 
Jonathan Batchelder, 
Andrew Ober, 
John Safford, 
Josiah Kimball, 
Benjamin Greenleaf, 
Lewis Allen, 
Samuel P. Fowler, 
Caleb L. Frost, 
Eben Putnam, 
George W. Burnham, 
Eleazer Boynton, 
Silas Bray, 
William B. Haskins, 
Robert Rantoul, Jr. 
Oliver W. Sargent, 
David White, 

Charles Carlton, 
William D. S. Chase, 
James H. Duncan, 
Leonard Whittier, 
Sylvanus Caldwell, 
William Heard, 
John W. Brown, 



HOUSE OF REPRESENTATIVES. 



607 



Lynn, 



Lynnjield, 

Manchester, 

Marblehead, 

Meihuen, 

Middleton, 
Newbury, 

Newbury port, 
Rowley, 

Salem, 



Salisbury, 
Saugus, 
Topsjield, 
Wenham, 
West Newbury, 
78 



Edward S. Davis, 
Theophilus Ilallowell, 
Stephen Oliver, 
Jacob Purinton, 
Richard Richards, 
David N. Swasey, 
Joseph Hooper, 
Frederick. Robinson, 
James E. Wiggin, 
John M. Grosvenor, 
Moses Merrill, 

Jacob Atkinson, 
Benjamin W. Hale, 
Joseph B. Morss, 
Joseph Kimball, 
Nathaniel Mighill, 
Charles A. Andrevi^, 
James Chamberlain, 
Stephen Daniels, 
Stephen Osborne, 
John Perley, 
Caleb Peirce, 
Richard S. Rogers, 
Joshua Safford, Jr. 
John W. Treadwell, 
Nathaniel George, 
William W. Bordman, 
Charles H. Holmes, 

John C. Carr. 



608 



HOUSE OF REPRESENTATIVES. 



Acton, 

Ashby, 

Bedford, 

Billerica, 

Boxborough, 

Brighton, 

Burlington, 

Cambridge, 



COUNTY OF MIDDLESEX. 

Nathan Brooks, 
Gushing Burr, Jr. 



Carlisle, 
Charlestown, 



Chelmsford, 

Concord, 

Dracut, 

Dunstable, 

Framingham, 

Groton, 

Holliston, 

Hopkinton, 

Lexington, 

Lincoln, 

Littleton, 

Lowell, 



Henry Baldwin, 

Charles Heard, 
William Lawrence, 
Luther Brooks, 
Joseph T. Buckingham, 
Thomas B. Gannett, 
Isaac Livermore, 
William J. Whipple, 

Nathaniel Austin, 
Elias Crafts, 
Samuel Etheridge, 
Abijah Hovej, 
James Underwood, 
George W. Warren, 
Sherebiah Spalding, 
Stedman Bultrick, 
Ira Hall, 

Moses Edgell, 
Joshua Green, 
Benjamin F. Bachelder, 
Alden Leland, 
Jeffries Hall, 
Isaac Mulliken, 
Elisha Hagar, 
Cephas Hartwell, 
Jonathan Bowers, 
Joseph M. Dodge, 



HOUSE OF REPRESENTATIVES. 



609 



Lowell, 



Maiden, 

Marlborough, 
Medford, 
Naiick, 
Newton, 

Pepperell, 

Reading, 

Sherburne, 

Shirley, 

South Reading, 

Stoneham, 

Stoiv, 

Sudbury, 

Teivksbury, 

Townsend, 

Tyngsborough, 

Waltham, 

Watertown, 

Wayland, 

West Cambridge, 

Westford, 

Weston, 

Wilmington, 

Woburn, 



Jesse Fox, 
Perez Fuller, 
Thomas Hopkinson, 
Jonatlian M. Marston, 
William North, 
David Nourse, 
William W. Wyman, 
Daniel A. Perkins, 
Edward N. Harris, 

George W. Porter, 
Chester Adams, 
Joseph Foster, 
Luther Paul, 
David Blood, Jr. 
Warren Perkins, 



Thomas Emerson, 

Charles Tower, 
Asher Goodnow, 
Abel French, 
Joel Emery, 

Luke Fiske, 
George Robbins, 
James Francis, 
Joshua Avery, 
Jeremiah J. Carter, 
Jonas Hastings, 
Francis Norwood, 
John Cummings, 
Augustus Plympton. 



610 HOUSE OF REPRESENTATIVES. 



COUNTY OF WORCESTER. 



Ashburnharrif 


Stephen Cusliing, 




Reuben Townsend, 


Athol, 


Abner Young, 


Auburrii 


William Craig, 




Israel Stone, Jr. 


BarrCf 


Otis Allen, 




Charles Rice, 


Berlin, 


Joseph Park, 


Bolton, 


Joseph Sawyer, 


Boylston, 


Eli B. Lamson, 


Brookjield, 


Aaron Kimball, 




Harrison Hathaway, 


Charlton, 


Amasa Stone, 




Moses Williams, 


Dana, 




Douglas, 


Robert P. Church, 




Amory Thayer, 


Dudley, 


Hezekiah H. Davis, 


Fitchburg, 


David Boutelle, 




Samuel Willis, 


Gardner, 


Timothy Hey wood, 


Grafton, 


Oliver M. Brigham, 




Samuel Wood, 


Hardwick, 


Jason Mixter, 


Harvard, 


Cephas Houghton, 


Holden, 


Willis Smith, 


Hubbardston, 


Asa Marean, 


Lancaster, 


Silas Thurston, Jr. 


Leicester, 


Joseph D. Sargent, 




Samuel Watson, 


Leominster, 


Charles W. Wilder, 



Lunenburg, 



HOUSE OF REPRESENTATIVES. 



611 



Me7idon, 

Milford, 

Millbury, 

New Braintree, 

Northboroitgh, 

Norihbridge, 

North Brookfield, 

Oakham^ 

Oxford, 

Paxton, 

Peter sfiam, 

Phillipsto7i, 

Princeton, 

Royalston, 

Rutland, 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer, 

Sterling, 

Stur bridge, 

Sutton, 

Templeton, 

Upton, 

Uxbridge, 

Warren, 
Webster, 
Westborough, 



Samuel Allen, 
Ichabod Cook, Jr. 
Hezekiah Fletcher, 
Otis Parkhurst, 
Ellis Sumner, 
Job Gorton, 
'Aaron Trask, 
Job Rainger, 
Prentiss Kejes, 
Paul Whiting, 
Kittredge Hill, 
James Allen, 
Sjlvanus Harris, 
Francis Sibley, 
Tjler Goddard, 
Cephas Willard, 
James Richardson, 

Salmon Goddard, 
George S. Flint, 

Sullivan Fay, 
Benjamin D. Hyde, 
Bela Tiffany, 
Walter Sibley, 
Emery Burpee, 
Jonathan P. Curtis, 
Joshua Armsby, 
Moses Leland, 
William Legg, 
John Carpenter, 
Ellery Holbrook, 
Pardon Allen, 

Otis Converse, 



612 HOUSE OF REPRESENTATIVES. 



West Boy 1st on, 
Westminster, 
Winchendon, 
Worcester, 



Thomas Wliite, Jr. 
Joseph H. Whitney, 
Israel Whitcomb, 
Ebenezer L. Barnard, 
Nathan Heard, 
William Lincoln, 
Guy S. Newton, 
Emory Washburn. 



COUNTY OF HAMPSHIRE. 



Amherst, 



Belcliertown, 

Chesterfield, 

Cummington, 

East Hampton, 

Enfield, 

Goshen, 

Granhy, 

Greenwich, 

Hadley, 

Hatfield, 

Middlefield, 

Northampton, 



Norivich, 

Pelham, 

Plainfield, 

Prescott, 

South Hadley, 

Southampton, 



Edward Dickinson, 
Eieazer Kellogg, 
Samuel Strong, 
Israel Towne, 
Bela P. Clapp, 
Philander Packard, 
Luther Clark, Jr. 
Daniel Ford, 
Benjamin White, 
Enos Smith, 
John Northum, 
Charles P. Phelps, 
Austin Smith, 

Roswell Hubbard, 
Charles P. Huntington, 
Solomon Stoddard, 
Joseph Stanton, 



Joel Miller, 
Elisha Edwards, 



HOUSE OF REPRESENTATIVES. 



613 



Ware, 


Royal Bosworth, 




Tliomas Snell, 


Westhampton, 


Richard Hale, 


Williamsburg, 


Isaac Gere, 


Worihington, 


Chauncey B. Rising. 


COUNTY 


OF HAMPDEN. 


Blandford, 


Samuel S. Day, 


Brimfieldf 


John W. Bliss, 


Chester, 


Forbes Kyle, 


Granville, 


Elijah Seymour, 


Holland, 




Longmeadow, 


Elijah Colton, 


Ludlow, 


Joseph Bucklen, 


Monson, 


Lucius F. Newton, 


Montgomery, 


William Squier, 


Palmer, 


Abel Calkins, 




Marble K. Ferrill, 


Russell, 


J ere Bishop, 


Southwick, 


Warren Byington, 


Springfield, 


Luke Bemis, Jr. 




William Dvvight, 




Josiah Hooker, 




Alpheus Netlleton, 




Samuel H. Stebbins, 




Daniel W. W^illard, 


Tolland, 




Wales, 




Westfield, 


Joseph Hedges, 




Matthew Ives, Jr. 


West Springfield, 


Pelatiah Ely, 




Samuel Noble, 


Wilhraham, 


Walter Stebbins, 




William Wood. 



614 HOUSE OF REPRESENTATIVES. 



Aslifield, 

Bernardston, 

Buckland, 

Charlemont, 

Coleraine, 

Comvay, 

Deerjield, 

Gill, 

Greenfield, 

Haivlei/y 

Heath, 

Leverett, 

Ley den, 

Monroe, 

Montague, 

New Salem, 

Northjield, 

Orange, 

Rowe, 

Shelburne, 

Shuiesbury, 

Sunderland, 

Warwick, 

Wendell, 

Whateley, 



COUNTY OF FRANKLIN. 
Rosvvell Kanney, 

John Porter, 
Joseph Field, 
Amos Bordwell, 
Phineas Bartlet, 
Riifus Saxton, 
Eliphalet S. Darling, 
Henry Chapman, 
John Vincent, 
David White, 
Jonathan Conant, 
Reuben Sheldon, 

Martin H. Clapp, 
Luther Hunt, 
Samuel C. Allen, Jr. 
Josiah Goddard, 

Ira Arms, 
Jonas Winter, 

Jacob R. Gale, 
Ivers Benjamin, 
Rhodolphus Sanderson. 



Adams, 



Alford, 
Beckety 



COUNTY OF BERKSHIRE. 

John Hall, 
Joseph L. White, 
Shubael VVilmarth, 

Arvad Chapman, 



HOUSE OF REPRESENTATIVES. 615 



Cheshire, 

Clarksburg, 

Dalion, 

Egremont, 

Florida, 

Great Barrington, 

Hancock, 

Hinsdale, 

Lanesborough, 

Lee, 

Lenox, 

Mount Washington, 

New Ashford, 

New Marlborough, 

Otis, 

Peru, 

Pittsjield, 

Richmond, 
Sandisjield, 
Savoy, 
Sheffield, 

Stockbridge, 
Tyringham, 
Washington, 
West Stockbridge, 
Williamstown, 



Stephen Northup, 
Salah Clark, 
Daniel Lawrence, 
Benjamin Baldwin, 
Thomas Tower, 
George Pjnchon, 
Jacob Burghardt, 
William Hatsell, 
Henrj Putnam, 
Asahel Buck, Jr. 
William Merrill, 
William A. Phelps, 



Noah Gibson, 



Amos Barns, 
Henry Hubbard, 
George W. Kniffin, 

Melvin Bowker, 
Ira Curtiss, 
Silas Smith, 
William C. Churchill, 
Ezra Heath, 
John S. Noble, 
Hubbard Fox, 
Thomas C. Phelps, 
William Waterman. 



Windsor. 



79 



616 HOUSE OF REPRESENTATIVES. 



COUNTY OF NORFOLK. 



Bellingham, 


Asa Pickering, 


Braintree, 


Joseph Richards, 




Minott Thajer, 


Broo/dine, 


Thomas Griggs, 


Canton, 


Isaac Horton, 




Abel Wentworth, 


Cohasset, 


Thomas Bourne, 


Dedham, 


Daniel Covell, 




Joshua Fales, 




John Morse, 


Dorchester, 


Samuel P. Loud, 




Joshua Pierce, 


Dover, 




Foxborough, 


Warren Bird, 


Franklin, 


Nathan Cleaveland, 


Medfield, 




Medioay, 


Eieazar Daniels, 


Milton, 


James M. Bobbins, 




Nathfiniel Thomas, 


Needham, 


Asa Kingsbury, 


Quincy, 


John Whitney, 


Randolph, 


David Blanchard, 




Alvan Kidder, 




Joshua Spear, Jr. 


Roxbury, 


Cornelius Cowing, 




Ephraim Harrington, 




Caleb Parker, Jr. 




John Prince, 


, 


Joseph W. Tucker, 


Sharon, 


George H. Mann, 


Stoughton, 




Walpole, 


Joshua Stetson, Jr. 



HOUSE OF REPRESENTATIVES. 



617 



Weymouth, 
Wrentham, 



Lemuel Humphrey, 
Noah Torrey, 
Silas Metcalf, 
Preston Pond. 



COUNTY OF BRISTOL. 



Attleborough, 

Berkley, 

Dartmouth, 


John Daggett, 
Thomas Andros, 
Wanton Howland, 




Thomas K. Wilbur, 




Simon P. Winslovv, 


Dighton, 
Easton, 


David Hathaway, 
Nathaniel Guild, 




Martin Wild, 


Fairhaven, 


Daniel Davis, 


Fall River, 


Gideon Nye, 
Joseph Tripp, 
Hezekiah Battelle, 




Philip S. Brown, 




Benjamin B. Sisson, 
Frederick Winslow, 


Freetown, 

Mansfield, 
New Bedford, 


Alden Hathaway, Jr, 
Charles A. Morton, 

William H. Allen, 



Norton, 



Thomas A. Greene, 
Ephraim Kempton, 
Charles W. Morgan, 
John Perkins, 
Pardon G. Seabury, 
Samuel Tobey, 
Henry Taber, 
James Wady, 
Laban M. Wheaton, 



618 HOUSE OF REPRESENTATIVES. 



Pawtucket, 

Baynham, 

Rehoholh, 


Elijah Ingraham, 
Amos Hall, 
Richard GofT, 


Seekonk, 


Caleb Chaffee, 




Lewis Walker, 


Somerset, 


John Peirce, Jr. 


Swansey, 
Taunton, 


George Mason, 
Etheridge Clark, Jr. 




Harrison G. 0. Colby, 




George Danforth, 




Samuel A. Dean, 


fVestport, 


Seth Presbiiry, 
Nathan C. Brownell, 
Jonathan Davis. 


COUNTY 


OF PLYMOUTH. 


Ahington^ 


James Bates, 


Bridgewater, 


Harvey Torrey, 
Artemas Hale, 
Nahum Stetson, 


Carver, 


Jesse Murdock, 


Duxhury, 


Joseph F. Wadsworth, 
Gershom B. Weston, 


East Bridgewater, 


Charles Mitchell, 
Isaac Pratt, 


Halifax, 
Hanover, 


Paul Bryant, 
Abel G. Duncan, 


Hanson, 


Junius Tilden, 


Hingham, 
Hull, 


Henry Gushing, 
Francis G. Ford, 


Kingston, 

Marshfield, 

Middleborough, 


Joseph Holmes, 
John Ford, Jr. 
Stillman Benson, 
Tisdale Leonard, 



HOUSE OF REPRESENTATIVES. 



619 



Middlehorough, 
North Bridgeivnter, 
Pembroke^ 
Plymouth J 



Plympton, 
Rochester, 



Scituate, 



Wareham, 



West Bridgewater, 



Eliah Ward, 
Albert Smith, 
Samuel Brown, 
Silvanus Harlow, 
Solomon Richmond, 
Nathaniel Russell, 
Benjamin Whiltemore, 

Zaccheus M. Barstow, 
Theophilus King, 
John Beal, 
William James, 
Samuel Waterman, 
William Bates, 
Lewis Kennej, 
John E. Howard. 



COUNTY OF BARNSTABLE. 



Barnstable, 

Brewster, 
Chatham, 
Dennis, 

Eastham, 

Falmouth, 

Harwich, 

Orleans, 

Provincetown, 

Sandwich, 



Seth Goodspeed, 
David Hinckley, 
William Lewis, 
Solomon Freeman, 
Josiah Kendrick, 
Seth Crowell, 
Seth T. Whelden, 
Philander Shaw, 
Elijah Swift, 
Samuel Eldridge, 
James Long, 
Edward Barber, 
Richard Sparrow, 
John Atkin~S, 
David Rider, Jr. 
Josiah Bacon, 
Benjamin Bourne, 



620 



HOUSE OF REPRESENTATIVES. 



Sandwich, 
Truro, 

Wellfleei, 

Yarmouth, 



Chilmark, 

Edgartown, 

Tishury, 



Nantucket, 



Charles Nye, 
Solomon Davis, 
Jonah Stevens, 
Atkins Dyer, 
Nathan Paine, 
Ezekiel Ciowell, 
John H. Dunbar. 

DUKES* COUNTY. 

Mayhew Cottle, 
Abraham Osborn, 
Thomas Bradley. 

COUNTY OF NANTUCKET. 

Jonathan C. Briggs, 
George M. Bunker, 
William R. Easton, 
William S. French, 
William Watson, 
Daniel Whitney. 



LUTHER S. CUSHING, Clerk. 
Rev. Ephraim Peabody, Chaplain. 



Benjamin Stevens, Sergeant-at-Arms. 

William Manning, Messenger to Governor and Council. 

John V. Low, Assistant " " " 

Thomas Avis, Watchman to State-House. 

Milton Hall, Doorkeeper to Senate. 

Elijah W. Cutting, ) Doorkeepers to the House of Represen- 

David Murphy, ) tatives. 

Winslow Leach, Page to Senate. 

William Leach, Page to House of Representatives, 



RESOLVES 

OF 

THE GENERAL COURT 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED AT THE SESSION 



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

WEDNESDAY, THE TWENTY-FIFTH OF APRIL, ONE THOUSAND EIGHT 

HUNDRED AND THIRTY-EIGHT. 



GOVERIVOR'S ADDRESS. 



Representatives' Chamber, Jan. 9, 1838. 

At 1 1 o^ clock, A. M. the Senate and House having as- 
sembled in Convention, His Excellency the Governor 
came in, preceded by a Joint Committee of the Legis- 
lature, and accompanied by His Honor the Lieutenant 
Governor, the Honorable Council, and the principal 
Officers of State, and pronounced the following 

ADDKESS. 

Fellow Citizens of the Senate and 

of the House of Represetitatives : 

In commencing the duties of the various public stations 
to which the People have called us, let our first thoughts 



622 GOVERNOR'S ADDRESS. 

be turned to the Supreme Ruler of Nations, for the con- 
tinuance of his fatherly care ; and let us unite in heart- 
felt thanks, that He has been pleased to mingle so many 
mercies with the righteous judgments of the year, which 
has just been brought to a close. 

The present House of Representatives convenes under 
the recently adopted amendment of the Constitution, by 
which the numbers of that branch of the Legislature are 
reduced. It appears from the apportionment which has 
been duly made, as prescribed by the amendment, and the 
law passed to carry it into effect, that the permanent rep- 
resentation for the next ten years, amounts to three hun- 
dred and seventy-five, with a capacity of rising to six hun- 
dred and thirty-eight, in any year, in which each town and 
city in the State should exercise the right it may possess 
of sending an additional member. Although a somewhat 
smaller House may have been in the contemplation of the 
People, it is believed that no further amendment of the 
Constitution on this subject will at present be adopted. 

We cannot doubt, that one motive of the People in 
amending the constitution, was to effect a direct reduc- 
tion in the expense of carrying on the government. If 
the greater despatch of business, which usually becomes 
practicable in a smaller assembly, enables the House of 
Representatives, as far as depends on them, to abridge 
the customary length of the session, without detriment to 
the public service, and thereby effect a still further re- 
duction of expenditure, I am persuaded you will with 
eagerness pursue a course, which could not but be 
so highly satisfactory to our constituents. Whatever 
in this or in any other proper way can be done, to pro- 
mote economy of the public funds, will, I doubt not, be 
deemed worthy of your steady consideration. The Peo- 
ple of Massachusetts, it is believed, are surpassed by no 



GOVERNOR'S ADDRESS. 623 

political community whatever, in their willingness, ac- 
cording to their ability, to make provision for objects of 
public utility deserving and requiring the aid of the Com- 
monwealth ; and it is not the least of the grounds of the 
truly republican duty of frugality, that this alone can fur- 
nish to individuals and to States the means of indulging a 
becoming liberality towards proper objects. 

In my annual communication to the Legislature of the 
last year, it was my pleasing duty to speak of the extra- 
ordinary spectacle exhibited by the financial prosperity of 
the country, particularly in the event, unexampled in the 
history of the world, of the return to the People of thirty- 
seven millions of dollars of surplus revenue. The occur- 
rences of the past season have unhappily proved, that this 
seeming prosperity was delusive. With a rapidity in like 
manner unexampled, the country has passed into a condi- 
tion of general embarrassment. 

The consequences have been seriously felt in the State 
of Massachusetts. The suspension of specie payments by 
the banks in the city of New York, forced those of Mas- 
sachusetts, — for the first time, — to the adoption of the 
same measure. As soon as it became impossible in this 
quarter to collect what was due elsewhere, a continuation 
of payments in specie here would have compelled the 
banks to require it of their debtors. A general insolvency 
would have followed such a demand ; the banks would 
soon have been deprived of all their coin, and thus a sus- 
pension of payments in specie, delayed but for a few days, 
would have taken place, at last, in its most ruinous form. 

For these reasons, it is believed, that the suspension on 
the part of our banks, was a measure not merely of con- 
venience to the public, but of absolute necessity, under 
the circumstances of the case. The laws of the Com- 
monwealth provide, however, that, if any bank shall fail 
80 



624 GOVERNOR'S ADDRESS. 

to redeem its bills on demand, thej may be put on inter- 
est, at the rate of twenty-four per cent, per annum. It 
is plain, that if the community, to any great extent, had 
deemed it proper to take advantage of this provision of 
law, and the courts had decided that it applies lo 
a case like that at present existing, every bank in the 
Commonwealth might have been shut up, by the hold- 
ers of its bills. Immediately on the suspension, ap- 
plication was made by a highly respectable committee of 
the citizens of Boston, requesting that the Legislature 
might be convened to consider and act upon the extraor- 
dinary state of things which had arisen, with a view to 
provide a remedy for the evils which might be anticipa- 
ted by the banks and the community. This application 
was submitted to the Council, at a meeting held a few 
days afterwards by previous adjournment ; and by them 
an extra call of the Legislature was not deemed necessa- 
ry. It is believed that all parties were soon united in 
the same opinion. 

The very limited extent to which, as it is understood, 
the holders of bills have attempted by legal process to 
compel their payment in specie, sufficiently shows that 
general confidence is felt in the solidity of the banks ; and 
that their failure to redeem their bills in coin is justified 
by public sentiment. In this state of things, it does not 
appear to me advisable to make any change in the laws, 
which enforce the obligation of thus redeeming them. 

The general confidence alluded to has probably been 
strengthened by the formation of an association of the 
banks of this city, for the purpose of exercising a mutual 
control over each other, and of laying before the public a 
weekly statement of the aggregate condition of the asso- 
ciated institutions. This association has no doubt served 
as a salutary check on the tendency to an undue exten- 



GOVERNOR'S ADDRESS. 626 

sion of bank paper and bank credit, which might be ex- 
pected to take place on a suspension of specie payments. 
The object would have been more fully answered by a 
weekly statement of the condition of each individual 
bank : and such a statement, if the existence of the asso- 
ciation be prolonged, would be highly advisable. 

In point of fact, some extension of the immediate lia- 
bilities of the associated banks has taken place. In many 
cases, there is reason to believe, that the increase has been 
warranted by considerations of true expediency, has been 
perfectly safe, has taken place on short loans, and to the 
great convenience of the commercial public. In other 
cases, it may be feared, that there has been an expansion 
of a different character, not warranted by the condition 
of the institutions from which it proceeds, and of a na- 
ture, instead of promoting the public good, to do serious 
injury, by putting off the day of a general return to spe- 
cie payments. 

The statement of the condition of all the banks in the 
Commonwealth for the first Saturday in October last, 
has been laid before the Legislature. Had it been in my 
power, I should have required a similar return for every 
month of the past year. Such returns would have af- 
forded the Legislature, without loss of time, an exact 
view of the condition and management of each individual 
bank ; and would have enabled the public to exercise a 
more effectual supervision over these institutions, at a pe- 
riod when the whole prosperity and industry of the com- 
munity are, to some degree, involved in their manage- 
ment. As the law authorizes the executive to call but for 
one statement, the latest period has been selected, at which 
the returns could be duly made and digested, in season to 
be laid before you at the beginning of the session. 

In addition to the other legal consequences of a failure 



626 GOVERNOR'S ADDRESS. 

to redeem their bills on demand in specie, it seems to result 
from the provisions of the fortieth section of the thirty-sixth 
chapter of the Revised Statutes, that the banks have incur- 
red a forfeiture of their charters, should the Legislature see 
fit to enforce it. It may be taken for grruited, that the mere 
fact of such a failure, produced by a general suspension, will 
not in any individual case be deemed a ground of forfeiture. 
It will be for the two houses to judge, from that accurate 
information which they alone are able to procure of the 
conduct of each institution in the present peculiar state of 
things, whether it is equitable and expedient that this for- 
feiture should in any case be enforced. It is presumed 
that a very large proportion of the banks of the Common- 
wealth will be deemed well entitled to the indulgent re- 
gard, and some of them to the decided approbation, of 
the Legislature. No hesitation probably will be felt in 
vacating the charters of those, which have made an avowed 
bankruptcy, and have ceased in any form to meet their 
liabilities. The mode in which the affairs of these insti- 
tutions have been managed, seems a very proper subject for 
scrutiny. Whether the condition of any others of the 
banks iu the Commonwealth is such, that they have 
ceased to be a public or even a private benefit, and should 
be required to wind up their affairs as soon as practicable, 
is for the Legislature to decide. 

A suspension of specie payments is, by all admission, 
one of the greatest calamities, which can befal a commer- 
cial people. Nothing but the necessity which produces, 
can justify it. While it lasts, there is no certain standard 
of value, and no effectual check on the issue of paper, 
which, from being unredeemed, soon tends to become ir- 
redeemable. As an example, it is essentially corrupting, 
and tends directly to impair the sense of moral obligation 
in the community. For these reasons it is a matter, not 



GOVERNOR'S ADDRESS. 627 

merely of interest and expediency, but of the highest 
moral obligation on the part of the banks and of every 
individual who has contracts to fulfil, to labor, in every 
lawful and proper way, to promote the return to specie 
payments. Nothing which will hasten it, in however 
slight a degree, is unimportant: nothing which delays it, 
however well meant the immediate object, is justifiable. 
On this ground, I deem it matter of regret, that a semi- 
annual dividend of profits was declared generally by the 
banks of Massachusetts on the first of October. It ap- 
pears to me, that it is the duty of these institutions, at a 
time like this, to apply tli«ir disposable resources to the 
last dollar, to the one object of restoring specie payments ; 
and that, while the suspension continues, the banks should 
be prohibited by law from making further dividends. 
It will also deserve your consideration, whether those in- 
stitutions whose unduly extended liabilities form one of 
the obstacles to the resumption of specie payments, (if 
any such there are,) should not be required by law, at 
some reasonable rpte, to reduce the amount of their obli- 
gations within some fixed proportion to their resources. 
While the suspension continues, and the community is 
consequently without the means of bringing the condition 
of the banks to the only sure test, it is worthy of your 
consideration whether it is not expedient, that monthly 
statements of their business should be returned to the of- 
fice of the Secretary of State, or some other department 
of the government. This provision would at all times be 
useful to the Legislature and the public; in the existing 
stale of things, it is highly desirable. If it were practi- 
cable to make the returns extend to the length of time 
and the nature of the security on which loans are made, 
it might check the application of bank credits to improper 
objects of speculation. 



628 GOVERNOR'S ADDRESS. 

No other measures within the competency of the 
Legislature occur to me, as calculated to hasten the re- 
sumption of specie payments. The attainment of that most 
desirable object depends on two conditions, viz. the 
cessation of a demand for specie for foreign remittances, 
and the restoration of confidence at home. The first 
condition appears to be already fulfilled ; the second, as 
far as the banks are concerned, will depend mainly upon 
asteady pursuit of a system of reducing their liabilities. 
In this they ought, as it seems to me, to be sustained by 
the voice of all good citizens, emphatically expressed. I 
take the greatest satisfaction in expressing the belief, 
that no insuperable obstacle exists to a very early return 
to specie payments. 

I respectfully submit to the consideration of the Legis- 
lature, whether the present be not a favorable season for 
the introduction of some amendments into our banking 
system. It cannot be denied, that the sound principles 
of banking have been widely departed from, and that a 
mode of establishing and conducting banks has grown up, 
abusive and dangerous in the extreme. In its proper un- 
derstanding, a bank is an institution designed to facilitate 
the operations of trade, by short loans in aid of business 
transactions. The stockholders in such an institution, 
should be men who have surplus monied capital, which 
they are desirous of employing in operations of this 
kind, by which the public is greatly benefited. At the 
present day too many bank charters have been obtained, 
not by those who have money to lend, but by those who 
wish to borrow. These institutions are sometimes put 
into operation with gross evasion of the law, if not in 
direct violation of it. Where no such abuses as these 
take place, there is yet reason to fear, that too much of 
the business of banks, as administered in many cases, 



GOVERNOR'S ADDRESS. 629 

consists of loans made for a length of time, for objects, 
and on a kind of security, foreign to the true principles 
of banking, and dangerous to the community. 

It may deserve a question, whether, in all future grants 
of bank charters, the names of all the stockholders, with 
the amount of stock to be owned by each, ought not to 
be given. Such is the looseness of the practice in this 
respect, that a case has been brought to my knowledge 
of two distinct sets of directors and stockholders, claim- 
ing to be organized as a bank, under one and the same 
charter. It should also, as it seems to me, at all times, 
be required of the banks to keep a certain proportion of 
their capital in specie ; and this should be considerably 
larger, than has been usually kept on hand, by the greater 
part of well-managed institutions. The limit to which 
a bank may go in assuming liabilities on demand, beyond 
its cash funds, should be ascertained by the cautious ex- 
perience, not of a few prosperous years, but of a long 
period, including times of pressure and distrust. In re- 
jecting the lessons of such an experience, and in extend- 
ing their liabilities to the utmost expansion which a time 
of general prosperity and confidence will tolerate, many 
of our banks have, it is believed, committed an error 
which cannot be too speedily retraced. 

These remarks are made in no spirit of hostility to 
well-conducted banks. Such institutions are in strict 
accordance with the principles of republican equality ; 
for they furnish the only means by which persons of 
small property can employ a portion of it in this way. 
Without them, the business of banking would become a 
monopoly in the hands of a few great capitalists. Nei- 
ther is it designed to impeach the value of a convertible 
bank paper currency. Such a currency, it is well known, 
had its origin in the inconvenience of a purely metallic 



630 GOVERNOR'S ADDRESS. 

medium. The weight of a large sum in gold and silver, 
the delay of transportation, and the danger of robbery, 
led men gradually to prefer a currency consisting partly 
of coin and partly of its representative easily convertible 
into coin. This preference rests on the laws of nature. 
No legislation can make it convenient or safe for the man 
of business or the traveller to carry upon his person the 
quantity of metal required in the various transactions of 
life.' The creation of a redeemable paper currency is 
one of the most refined products of modern civilization, 
and its existence one of the most characteristic marks of 
a free State, in which property is protected by law. 

But even if a convertible paper currency were as cer- 
tainly an evil as it is a benefit, it would be nearly impos- 
sible to dispense with it in the United States, so long as 
the constitutionality of State banking institutions is ad- 
mitted. The existing State banks, by an estimate made 
at the treasury of the United States, in December, 1836, 
furnished the country, at that time, with a paper circula- 
tion of one hundred and twenty million dollars, on a 
specie basis of forty-five millions of dollars. It is be- 
lieved that, in this estimate, the paper is rated too low, 
and the coin too high. But admitting the estimate to be 
just, an exclusive metallic currency could not be intro- 
duced, without a supply of seventy-five millions in coin, 
to take the place of that amount, by which the paper of 
the banks exceeds their specie. This ruinous tax of 
seventy-five millions, to be paid in gold and silver, would 
fall not equally on the whole community, but exclusively 
on the class of debtors. The attempt to levy it would 
produce a revolution in the value of property, and con- 
vulse society. 

Were it conceivable that any people, under the influ- 
ence of party spirit or party delusion, could be brought 



GOVERNOR'S ADDRESS. 631 

to submit to such an attempt, on the part of rulers eligi- 
ble by themselves, the fact that the Slate banks are under 
no direct control by the General Government, makes it im- 
practicable to commence even the experiment of an ex- 
clusive metallic currency, in this country. While those 
banks exist, our currency will continue to be, as hereto- 
fore, a paper currency, resting on a basis of specie. Till 
the accession of the last administration, it was deemed a 
great object of public policy with the General Govern- 
ment, to keep this currency sound by keeping it within 
limits. For almost forty years, and with the sanction of 
every branch of the Government, this object was effect- 
ed through the medium of a National Bank. The late 
President of the United States refused to co-operate 
with Congress in re-chartering the bank of the United 
States ; relying upon an association of a large number of 
State banks with the Treasury as depositaries of the 
public funds, to furnish a better currency than had pre- 
viously existed. The fact of placing in these banks a 
very large amount of public monies, at the same time 
that the control of a National Institution was with- 
drawn, led to an all but boundless expansion of bank pa- 
per and bank credits. The necessary effects were over- 
trading and wild speculation, which have resulted in the 
speedy and entire explosion of the whole system, and the 
total derangement of the currency. In this state of 
things, the present administration, renouncing, as not 
among the objects of the Federal Government, the regu- 
lation of the currency, proposes only to secure the treas- 
ury from the effects of an uncontrolled paper circulation, 
by enforcing a payment of public dues in coin, to be kept 
in deposit on account of the Government, and transport- 
ed, as required, from place to place. 

The particular organization and working of this new 
81 



632 GOVERNOR'S ADDRESS. 

experiment in finance are yet to be developed. The 
name of "sub-treasury" system, by which it is called, 
conveys no information as to its nature. Although it 
professes to be founded on the principle of a separation 
of the government from all banks, it is, in itself, to all ap- 
pearance, a project of a vast government bank, of which 
the treasury is to be the centre, with branches in various 
parts of the country, to be exclusively controlled by offi- 
cers appointed by the executive, and establishing a far 
more intimate connection of bank and state than has ever 
existed before. In theory, it would seem to be attended 
with many of the inconveniences before alluded to of an 
exclusive metallic currency ; while it does not even pro- 
pose to rescue the people at large from the enormous 
evils of an unchecked paper circulation. A very large 
majority of the People of Massachusetts have expressed 
their disapprobation of this entire policy, in language too 
plain to be mistaken. It is suggested, indeed, by the 
President of the United States, in his last message to 
Congress, that the result of the late elections is less to be 
ascribed to the judgment formed by the People of the 
financial policy of the National Administration, than to 
feelings infused into the canvass by a bank interest, de- 
pendent for its continued corporate existence upon the 
will of the State Legislatures to be then chosen. It 
might not become me to express any judgment of the 
extent, to which great majorities of the People in other 
States have exercised their elective franchise under such 
an influence ; but I feel myself warranted in saying, that 
the opinion expressed by the President to Congress and 
the world, as far as respects the vast majority of the 
People of Massachusetts, is entirely erroneous. I enter- 
tain an undoubling conviction, that the recent elections 
in this Commonwealth, as far as the Legislature is con- 



GOVERNOR'S ADDRESS. 633 

cerned, indicate the deliberate Judgment of a very large 
majority of the People on the financial policy of the past 
and present Administrations of the General Government ; 
— a judgment early formed, and strengthened with every 
practical developement of the influence of that policy on 
the welfare of the country. 

Meantime, as the General Government does not pro- 
pose any measure to restore or sustain the soundness of 
the currency, it is peculiarly incumbent on the State 
Governments to exert themselves to the utmost to 
prevent its depreciation. In the system on which our 
banks are conducted, the general soundness of a great 
majority of them is not inconsistent with the impending 
insolvency of individual banks, kept up to the last moment 
by possessing a credit with their associates, and then 
sinking at once, to the heavy loss of the unwary, and of 
those least able to bear it. The possibility of occurren- 
ces like this ought to be prevented. I know of no way 
in which that end could be attained so effectually, as by 
a measure which was recommended by a Joint Commit- 
tee of the last Legislature ; I mean the apj^ointment of 
Commissioners, possessing authority to obtain an injunc- 
tion, to stop the prosecution of the business of a bank, 
whose "condition is such as to render its further progress 
hazardous to the public." 

The first object, which engaged the attention of the 
Legislature at the last session, was the Commonwealth's 
share of the surplus revenue of the United States. The 
two first instalments were received before the suspension 
of specie payments. The third was paid about the first 
of July ; and, under authority of an act of Congress, 
passed at the extra session, the payment of the fourth 
instalment was postponed to the first day of January, 
1839. The sum on deposit with the various State 



634 GOVERNOR'S ADDRESS. 

banks on the first of October, exceeded, by several hun- 
dred thousand dollars, the entire amount of the fourth 
instalment. Had this deposit been proportionably divided 
among the States, the deposit banks, in a majority of 
them would have been able to pay into the treasuries 
of the States in which they are situated, their distribu- 
tive shares of the surplus. Where this could not be done 
by the banks, as the States would have received the ben- 
efit of the fund in the shape of a public deposit in the 
banks, immediately loaned out to individuals, there would 
be the less hardship in a loss of the benefit of it by those 
States, in the form of a share of the surplus. Owing to 
the extreme inequality of the deposits in the several 
States, when the payment of the fourth instalment of the 
surplus revenue was withheld, while many of the States, 
and among them all those of New England, were left 
with an amount of public monies in their deposit banks, 
greatly less than their share of the fourth instalment, — 
other States, principally western and southwestern, were 
left with an amount of public money in their deposit 
banks greatly beyond their share of that instalment. A 
sinole southwestern State, with but four electoral votes, 
had in her deposit banks, on the first of October, a bal- 
ance over her share of the fourth instalment, more than 
enough to pay the share of all the New England States. 
These sums are continued on deposit with the debtor 
banks for an average period of fifteen months ; and must 
be regarded, to some extent, as a kind of forced loan, 
without interest, from the People of one portion of the 
States to the banks of another. The Secretary of the 
Treasury has intimated, in his last aimunl report, that this 
inequality is com])ensated by the use of the public monies 
granted to the importing class of the States, in the form 
of an extended credit on their duty bonds. But, before 



GOVERNOR'S ADDRESS. 635 

this extension of credit can be thus admitted in offset, it 
must be made to appear, that the citizens of the States 
favored in the unequal distribution of the deposits of public 
money, have no share of the benefit of the extension of 
credit alluded to. So far is this from being the case, that 
the importing States are probably the creditors of the 
other States, on account of supplies of the very merchan- 
dize on which an extension of credit for duties has been 
granted, and to an amount greatly beyond that of the du- 
ties postponed. 

The law of this Commonwealth, regulating the distri- 
bution of the surplus revenue, provided that it should be 
appropriated by the towns to those purposes only for 
which the towns are authorized to raise and appropriate 
money. It is believed, that in some (ew instances this 
provision has been violated. The question was raised, 
whether, in the case of towns, where the two first instal- 
ments were supposed to have been thus illegally appro- 
priated, the third could be lawfully paid from the treasury. 
But upon consideration, it was decided, in accordance 
with the opinion of the Attorney General, that the rem- 
edy for the evil where it existed, lay not with the Execu- 
tive, but the Legislature. 

In the course of the past season, the Commonwealth's 
scrip, issued on account of the subscription to the stock of 
the Western Rail-road, has been sold, to the amount of 
two hundred and thirty-three thousand dollars, and at a 
premium on the whole sum of eleven thousand six hun- 
dred and fifty dollars. Certificates of stock to the amount 
of one hundred thousand dollars, have been issued to 
the Norwich and Worcester, and to the Eastern Rail-road 
Corporations, and to the amount of fifty tiiousand dollars 
to the Andover and Haverhill Rail-road Corporation, 
these institutions having severally complied with the con- 



636 GOVERNOR'S ADDRESS. 

ditions prescribed by law. These various stocks have 
been principally purchased as a remittance to Eurof)e, 
and having relieved to that extent the demand for s])ecie 
for the same purpose, have rendered an incidental service 
to the community of considerable importance. 

The public surveys carried on, under authority of the 
Commonwealth, are in a satisfactory situation. The la- 
borious work of triangulating the State is at length com- 
pleted, and I have the assurance of the astronomer con- 
nected with the State survey, that his final report shall 
also be rendered in a few weeks. No time will be lost 
in the projection and delineation of the map. The revis- 
ion of the geological survey is in active progress, and its 
results will be in readiness to be incorporated into the 
map. Meantime, very interesting discoveries have been 
made by the Geological Surveyor, particularly of a deposit 
of marl in Berkshire county. The gentlemen associated 
with him, for the description of the botany and zoology 
of the State, have zealously engaged in that duty, and 
their final report may be exj)ected by the close of the 
year. The final report of the Geological Surveyor of the 
public lands in the State of Maine, will also be rendered 
in the progress of the present session. 

The first report of the Agricultural Surveyor will be 
laid before the two houses, and it is believed that an in- 
spection of this document will fully evince the importance 
of the undertaking. 

A resolve was passed at the last Legislature, author- 
izing the appointment of commissioners to survey the 
province lands, so called, in the town of Provincetown. 
That duty has been attended to, and the report of the 
commissioners received. It will be laid before the Le- 
gislature, whose co-operation will be required to carry 
their recommendations into eflect. 



GOVERNOR'S ADDRESS. 637 

By an act of the 19tli April last, a large series of statis- 
tical inquiries was directed to be answered by tiie asses- 
sors of the several towns in the Commonwealth. The 
returns received have, with great labor and care, been re- 
vised in the office of the Secretary of State, and will 
shortly be laid before the two houses in a digested form. 
They present a picture unexpectedly gratifying of the re- 
sources of the State ; and they show that in several 
branches of industry, an annual value is created by the 
inventive skill and free labor of the industrious citizens of 
Massachusetts, equal to that of ihe staple agricultural 
products of many of the planting States. 

In virtue of a resolve of March 10th, 1837, five Com- 
missioners have been appointed to reduce ilie Criminal 
Law of Massachusetts to a ilniform and systematic code. 
Some unavoidable delay took place in organizing the 
commission, and its operations have been still further re- 
tarded by the illness of its chairtiian. It is believed, 
however, that this important work will proceed with all 
desirable despatch. 

A resolve having passed on the 16th April, 1836, for 
the re-publication of the Special Acts passed since Feb- 
ruary, 1822, they have been collected in two volumes, 
forming the sixth and seventh of the series of the Spe- 
cial Statutes. The duty of collecting, revising and pre- 
paring them for the press, has been discharged with great 
ability by the commissioner appointed for that purpose, 
and the work is now ready for distribution. 

The Legislature, by a resolve of March 10th, 1837, 
authorized the publication of the Journal of the Provin- 
cial Congresses of Massachusetts, " with such papers 
connected with it as illustrate the patriotic exertions of 
the people of the State in the revolutionary contest." 
Among the latter documents will be found the Journal 



638 GOVERNOR'S ADDRESS. 

of ihe Committee of Public Safety, with other highly 
important memorials of this eventful period of our histo- 
ry, collected by the diligence and zeal of the Commis- 
sioner appointed to carry the resolve into effect. 

The work of arranging the papers in the public archives 
has been carried on during the past year, with unrelax- 
ing diligence and in the most satisfactory manner. It 
has resulted in the convenient arrangement for use of a 
large mass of ancient papers before comparatively useless 
and exposed to loss, and in bringing to light many docu- 
ments of high interest not known to be in existence. 

In the course of the season, an opportunity has been 
taken by me to visit the works in progress for the de- 
fence of Boston Harbor. No appropriation for this pur- 
pose was made at the last 'session of Congress, but a 
considerable balance remained of the former appropria- 
tion. These works, it will be recollected, are fort War- 
ren, on George's island, for the defence of the outer har- 
bor, and fort Independence, on Castle island, which is to 
be entirely rebuilt for the defence of the inner harbor. 
Tiiey are both works of the first class ; and are in pro- 
gress of construction, under one of the most skilful engi- 
neers in the service. Several years must elapse at best 
before they can be completed, and in the mean time, the 
harbor of Boston is wholly defenceless. In this state of 
things, it is earnestly to be desired, that those delays 
should be avoided, which too often happen at the long 
session of Congress, in making the appropriations. By 
these delays, nearly half the working season has more 
than once been lost. Such a delay the present year is 
particularly to be deprecated, inasmuch as the appropria- 
tions asked for these objects, in the Treasury estimates, 
are for sums considerably less than could be advantage- 
ously expended in the actual condition of the works. 



GOVERNOR'S ADDRESS. 639 

The exertions of our Senators and Representatives in 
Congress are confidently relied upon, to prevent, as far as 
they are able, the recurrence of these delays. 

The work for the protection of Rainsford Island, by 
the erection of a sea-wall, originally undertaken by the 
State, and subsequently assumed by Congress, has been 
nearly brought to a close. A small appropriation to raise 
the wall in the most exposed parts, is among the estimates 
submitted to Congress by the Secretary of the Treasury. 

I have great pleasure in informing you, that very satis- 
factory progress has been made in the prosecution of the 
Massachusetts' claim. The Secretary of War has made 
a report to the House of Representatives, in which he 
states that, of the amount of the claim, there is found due 
the sum of ^272,716 14, " upon applying the same prin- 
ciples which have governed the department in the settle- 
ment of similar claims made by other States." There is 
every reason to believ^e, that an appropriation will be 
made at this session of Congress, to pay the sum thus 
found due. A report from the agent will be laid before 
you, and 1 respectfully submit the propriety of a further 
appropriation to compensate his services. I take great 
satisfaction in bearing testimony to the promptness mani- 
fested by the present Secretary of War, in doing justice 
to the Commonwealth. 

The reports of the Board of Inspectors, of the Warden, 
Chaplain, and Physician, of the State's Prison, will be 
forthwith transmitted to the two Houses. The state of 
the country has been felt in the financial condition of the 
prison ; but in all other respects, its situation is highly 
gratifying. The report of the Board of Inspectors dis- 
cusses some questions of great moment in the discipline 
of the establishment ; and I deem it my duty to state, 
that the principles therein set forth have my full concur- 
82 



640 GOVERNOR'S ADDRESS. 

rence, and that I deem the Commonwealth under great 
obligations to the Board for the firmness with which they 
have applied these principles, in administering the govern- 
ment of the prison. Nor is my confidence less entire in 
the Warden of the prison, and those associated with him 
in his arduous and important trust. The annual visita- 
tion of this establishment was duly held by the Governor 
and Council, and its condition found to correspond with 
the reports submitted. 

The Massachusetts General Hospital in each of its de- 
partments, and the New England Institution for the 
Blind, have been visited and inspected by the board of 
visitors created by law. These noble establishments are 
in a prosperous condition. A new wing for female pa- 
tients has been constructed at the McLean Asylum. The 
State Lunatic Hospital is not subject to visitation by a 
board created for that purpose, but an opportunity of vis- 
iting it was gladly embraced by me a few weeks since. 
The new wing is now completed and occupied, and the 
chajjcl opened for religious exercises. In this institution, 
as at the McLean Asylum, the soothing influence of reli- 
gion has been applied with the happiest effect, to relieve 
the greatest malady to which a rational being is liable. 
The reports of the trustees, treasurer, and superintendent 
of the State Lunatic Hospital will be laid before the two 
houses, and the final report of the commissioners for erect- 
ing the new wing may be expected in a very short time. 
A communication from the superintendent of the Ameri- 
can Asylum for the deaf and dumb at Hartford has also 
been received, and will be transmitted to the Legislature. 

Some alteration of the law on the subject appears de- 
sirable, for the purpose of requiring towns to place insane 
paupers in the State Lunatic Hospital, whenever that es- 
tablishment is able to receive them. Revolting cases 



GOVERNOR'S ADDRESS. 641 

have been reported to me of the continued existence, in 
some instances, of tliose abuses in the treatment of the 
insane, in poor liouses and houses of correction, which 
moved the Legislature, at great expense, to erect an asy- 
lum for their reception. 

I beg leave to invite your attention to the subject of 
imprisonment for debt. Owing perhaps to some defect 
in the law of 31st March, 1834, the probable design of 
the Legislature in its passage is, to a considerable extent, 
defeated. Advantage appears to be taken of some of its 
provisions, in a manner probably not anticipated, to sub- 
ject a large number of persons to imprisonment for debt, 
on whom it could hardly have been the purpose of the 
Legislature to inflict this hardship. 

A nefarious attempt was made at noon-day, in the 
course of the summer, to burn the building in which we 
are assembled. Additional measures of security against 
the repetition of such attempts were immediately adopted, 
and afford sufficient protection against the incendiary. 
It cannot be concealed, however, that the building com- 
prises too great an amount of combustible material, for 
the safety of the public property contained in it. The 
fire-proof apartments are far too limited for the volumes 
and files deposited in them ; and it is perhaps time to 
consider, whether it would not be expedient, by the con- 
struction of an addition to one of the wings of the edifice, 
to provide ample space for the public archives, where they 
should be placed beyond the reach of ordinary casualties. 

The report of the Land Agent will be submitted to 
the two houses. The financial state of the country for 
the past year has put a stop to purchases of the public 
lands ; but the opportunity has been taken to j)repare 
portions of them for sale, as the demand revives. I re- 
gret to have again to state, that I continue to receive in- 



642 GOVERNOR'S ADDRESS. 

formation, that extensive depredations are still committed 
in the disputed territory, and tliat the lands in that quar- 
ter are rapidly stripped of their timber. 

A final settlement of the account of the Warren Bridge 
Corporation has taken place in the course of the season, 
and a balance of ;^8770 94, was paid by its Treasurer 
into the Treasury of the Commonwealth, to be added to 
the Warren Bridge Fund. No provision exists for the 
permanent care of the bridge, and it is unquestionably 
expedient, as early as possible, to make a final disposition 
of this subject in all its bearings. In virtue of a Hesolve 
of the 20th April, 1837, a Joint Committee of the two 
Houses was appointed to make inquiry into the various 
interests connected with it. 'I'heir report will probably 
bring the subject, in its various aspects, before the Legis- 
lature ; and it is greatly to be wished that a final adjust- 
ment of it might now take place, on liberal and equitable 
principles. 

In the course of the autumn, the city of Boston was 
visited by deputations from several tribes of Indians, by 
direction of the Secretary of War. Believing it expedi- 
ent that a favorable impression should be made upon the 
representatives of tribes, capable of bringing great suffer- 
ing upon themselves and the entire western frontier of 
the country, by collisions with the United States, the 
opportunity was readily embraced of shewing them such 
attentions, as were warranted by the course pursued by 
the Government of the Commonwealth on a former simi- 
lar occasion. 

The annual report of the Adjutant General, with the 
accompanying returns of the militia, will be forthwith 
communicated to the two Houses. I beg leave again to 
urge upon the Legislature the paramount necessity of 
further reform in our militia system, and to refer to the 



GOVERNOR'S ADDRESS. 643 

letter of the Adjutant General of the 12th December, 
1836, written at my request, and communicated to the 
two Houses at the last session, as containing the sugges- 
tion of those modifications in the law, which seem neces- 
sary to remedy the existing evils, and restore the impaired 
efificiency of this most important institution. 

In pursuance of an act passed at the last General Court, 
a Board of Education has been organized in the course 
of the year, consisting of eight members appointed by the 
Executive, and the Governor and Lieutenant Governor, 
ex officio. It is made the duty of this Board to lay be- 
fore the Legislature an abstract of the school returns. 
This abstract has been prepared by the Secretary of the 
Board, and it will be immediately communicated to the 
two Houses. The other duties enjoined on the Board 
have received their attention. A general report of their 
proceedings, with such observations as they are prepared 
to make on the condition of Common School Education 
in the State, and of some of the measures deemed ad- 
visable for its improvement, will be submitted to the two 
Houses as soon as practicable. The experience of a sin- 
gle year has strengthened my conviction of the important 
services, which may be rendered by this Board to the 
cause of education. I respectfully submit to the Legis- 
lature the expediency of making to its members, — (except 
to those who hold their offices ex officio, — ) a proper 
compensation for travel and attendance. It seems un- 
reasonable to expect of them, especially of those whose 
place of residence is remote from the seat of government, 
to give their time and labor without compensation, and 
be at expense in repairing to the place of meeting. As 
their attendance is not likely to be required above ten or 
twelve days in the course of the year, an allowance of 
this kind would entail but a trifling charge upon the Com- 
monwealth. 



644 GOVERNOR'S ADDRESS. 

The annual report of the Treasurer has been submitted 
to you, and merits your careful consideration. The prin- 
cipal sources of income to the State are the bank tax and 
the auction tax. The joint product of these taxes, tiie last 
year, was about ,^435,118, and the actual income of the 
State from other sources, applicable to its ordinary ex- 
penses, about ^'28,904 more, making an aggregate of 
^464,022. The expenditures of the year amounted to 
^510,460. Some items of appropriation were of a tem- 
porary character, and will not need to be repeated ; and 
you will doubtless regard it as a primary duty in every 
other respect, to practise such an economy of the public 
funds, as will bring the expenditure within the income of 
the year. 

I have received from the Governor of Rhode Island, a 
copy of resolutions, on the subject of the annexation of 
Texas to the Union, passed by the General Assembly of 
Rhode Island, at whose request I transmit them to the two 
houses. This measure, surveyed in all its aspects, ap- 
pears to me among the most momentous ever submitted 
to the Peoj)le of the United States, involving considera- 
tions both of domestic and foreign policy, of the gravest 
and most alarming character. The ambition of extended 
empire has proved ruinous to every powerful State, 
which has arisen in the world. It is peculiarly at war 
with the spirit of a confederate republican government, 
whose greatest dangers spring from the unavoidable di- 
versity of sectional interests, in the different parts of a 
very extensive region. The avowed objects of the pro- 
posed incorporation of this vast territory unto our Union, 
are doubly fraught with peril to its prosperity and perma- 
nence. 

Permit me, fellow citizens of the Senate and of the 
House of Representatives, in closing this communication, 



GOVERNOR'S ADDRESS. 645 

to congratulate you on the various blessings which, under 
a kind Providence, have fallen to our lot. We live in 
the daily enjoyment of privileges, for w^hich the best 
blood of other countries has been shed in vain. We live 
perhaps under the only known government, of whose con- 
stitutional organization no change is desired by any part 
of the people. With such a system committed to the ad- 
ministration of agents, selected on the broadest principles 
of popular choice, if we fail to exhibit to the world the 
spectacle of a well-ordered, prosperous, and virtuous com- 
munity, we shall deeply sin against the general cause of 
political liberty and popular right. Let it be our joint 
aim to perform all our duties, as in the presence of a 
watchful world and an All-seeing Eye, to recommend our 
institutions of government by their peaceful fruits, and 
to transmit our invaluable privileges to our children. 

EDWARD EVERETT. 
Council Chamber, 9th January, 1838. 



646 GEORGE SOUTHWICK. 



CHAP. 1. 

A Resolve for the purchase of the Tivelfth Annual Report 
of the Prison Discipline Society. 

January 20, 1838. 

Resolved, Tliat the Secretary of the Commonwealth 
be directed to purchase six hundred copies of the Twelfth 
Annual Report of the Prison Discipline Society, at a 
price not exceeding twenty-five cents per copy, for distri- 
bution to the members of the General Court, and that a 
warrant be drawn accordingly. 



CHAP. H. 

Resolve on the petition of Timothy Hussey. 

January 24, 1838. 

Resolved, for reason set forth in said petition, there be 
allowed and paid out of the treasury of this Common- 
wealth, to Timothy Hussey, of Nantucket, the sum of 
forty dollars and forty-one cents, for his services as Reg- 
ister of Probate for the county of Nantucket, and that a 
warrant be drawn therefor. 

CHAP. III. 

A Resolve on the petition of George Southwick. 
January 26, 1838. 

Resolved, for reasons set forth in the said petition, that 
there be allowed and paid, out of the treasury of the 
Commonwealth, to George Southwick, of Danvers, the 



PAY OF GENERAL COURT. 647 

sum of fifty dollars, in full for services rendered by his 
father in the revolutionary war, and that a warrant be 
drawn therefor. 



CHAP. IV. 

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

January 26, 1838. 

Resolved, That there be paid, out of the treasury of 
this Commonwealth, to each member of the Senate and 
House of Representatives, two dollars for each and every 
day's attendance the present political year, and the sum 
of two dollars for every ten miles travel from their re- 
spective 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 sum of two dollars for 
every ten miles travel from their respective places of 
abode, once in each session thereof ; and to the Presi- 
dent, and each president pro tempore of the Senate, and 
to the Speaker of the House of Representatives, each, 
two dollars for each and avevy day's attendance, in addi- 
tion to their pay as members ; and His Excellency the 
Governor, with the advice and consent of the Council, is 
hereby authorized and requested to draw his warrant ac- 
cordingly. 



83 



648 ISAAC R. & MARY S. WORCESTER. 

CHAP. V. 

Resolve on the petition of Simeon W. Loring and others. 

January 26, 1838. 

Resolved, for reasons set forth in the said petition, 
that the selectmen of the town of Blandford, in the county 
of Hampden, be authorized to order the treasurer of said 
town to pay such members of the Blandford Light Infan- 
try Company the sum of three dollars each, as, being 
armed, uniformed and equipped, have performed all the 
active duty required by law for the year one thousand 
eight hundred and thirty-seven, excepting only that re- 
quired for the review and inspection, on the twentieth 
day of September last past, of the regiment of which the 
said company formed a part ; that the treasurer of said 
town be authorized to pay the amount thus ordered, and 
that the Treasurer of the Commonwealth be authorized 
to reimburse the same, in the same manner as if the mem- 
bers of said company had performed "all the active duty 
required by law" for the year one thousand eight hundred 
and thirty-seven. 

CHAP. VI. 

Resolve on the petition of Isaac R, Worcester and Mary 
S. Worcester, his wife. 

January 30, 1 838. 

Resolved, for reasons set forth in the said petition, 
that the said Isaac R. and Mary S. Worcester be hereby 
authorized to sell and convey so much of the real estate 
of the petitioners as they are seized of in the right of said 



MOSES ROBERTS. 649 

Marj, as thoy may choose to dispose of, in the same 
manner and with the same effect as if the said Mary S. 
were of full age. 



CHAP. VII. 

Resolve on the petition of Moses Roberts^ Trustee of the 
Grafton Indians. 

January 30, 1838. 

Resolved, for reasons set forth in the said petition, 
that the said Moses Roberts be hereby authorized to sell 
and convey a parcel of land, described in said petition as 
containing about one quarter of an acre, a part of the 
estate of the late Moses Gimbo : provided, he shall apply 
so much of the proceeds thereof as shall be necessary to 
repair the dwelling-house standing upon another part of 
the said estate ; and shall hold the surplus, if any, of such 
sale in trust for the benefit of the same persons who 
would be otherwise entitled to the benefit of such real 
estate, and invest the same accordingly. And provided 
also, that before making sale of said land the said trustee 
shall give bond, to the Judge of Probate of the county of 
Worcester, with satisfactory sureties, conditioned that he 
will comply with the conditions of this resolve, and render 
a faithful account of his doings in the premises into the 
probate office of said county, within three months after 
making such sale. 



660 AARON PORTER. 

CHAP. VIII. 

Resolve on the petition of Phineas Fish. 

February 1, 1838. 

Resolved^ for reasons set forth in said petition, that 
there be allowed and paid, out of the treasury of this 
Commonwealth, to the Commissioner of the District of 
Marshpee for the time being, for the purpose of repairing 
the meeting-house at Marshpee, the same to be expended 
under the direction of said commissioner, the sum of five 
hundred dollars, on the first day of July next ; and his 
Excellency the Governor is hereby requested to draw 
his warrant accordingly. 

CHAP. IX. 

Resolve on the petition of Betty Berry. 
February 1, 1838. 

Resolved, That there be allowed and paid, out of the 
treasury of the Commonwealth, to Betty Berry, the sum 
of fifty dollars, in full for services rendered by her hus- 
band in the revolutionary war, and that a warrant be 
drawn therefor. 

CHAP. X. 

Resolve on the petition of Aaron Porter. 

February I, 1838. 

Resolved, That there be allowed and paid, out of the 
treasury of the Commonwealth, to Aaron Porter, the 



CHARLES KIVER BRIDGE. 651 

sum of fiftj dollars, in full for services rendered by him 
in the revolutionary war, and that a warrant be drawn 
therefor. 



CHAP. XI. 

Resolve on the petition of Ichahod B. Morrill and Abel 

Jones. 

February 1, 1838. 

Resolved, for reasons set forth in said petition, that 
there be allowed and paid, out of the treasury of the 
Commonwealth, to Ichabod B. Morrill and Abel Jones, 
the sum of forty dollars and eighty cents, in full for ser- 
vices rendered by them in apprehending and bringing to 
justice one David Rand? and that a warrant be drawn 
therefor. 



CHAP. XII. 

Resolve for paying the Committee on Charles River Bridge. 

February 1, 1838. 

Resolved, That there be allowed and paid, out of the 
treasury of the Commonwealth, to the Joint Committee 
appointed under the Resolves of April twentieth, one 
thousand eight hundred and thirty-seven, entitled " Re- 
solves concerning Charles River Bridge," the sums set 
against the names of the members of said committee, to 
wit: — to Linus Child, the sum of sixty-four dollars; to 
William Lincoln, the sum of fifty-one dollars; to Robert 
Rantoul, Jr., the sum of fifty-four dollars; to Jeffrey 
Richardson, the sum of twenty-five dollars, and to John 



652 STATE LUNATIC HOSPITAL. 

B. Turner the sum of twentj-six dollars, in full for tlieir 
services in examining into the affairs of Charles River 
Bridge, and that a warrant be drawn therefor. 



CHAP. XIIL 

Resolve on the petition of Josiah Peirce. 

February 3, 1838. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid, out of the treasury of this 
Commonwealth, to Josiah Peirce, the sum of fifty dollars, 
in full for services rendered by him in the revolutionary 
war, and that a warrant be drawn therefor. 

CHAP. XIV. 

Resolve relating to the accounts of the Commissioners for 
the enlargement of the State Lunatic Hospital. 

February 19, 1838. 

Resolved, That the sum of six hundred and seventy- 
five dollars and fifty-one cents be appropriated, which, 
together with six hundred and twenty-four dollars and 
forty-nine cents, the balance of former appropriations, 
amounting in the whole to the sum of thirteen hundred 
dollars, shall be applied for the compensation of the per- 
sonal services of the Commissioners for the enlargement 
of the State Lunatic Hospital at Worcester; and that the 
Governor be authorized to draw his warrant on the 
treasury accordingly. 



DAVID BKMIS AND OTHERS. 653 

CHAP. XV. 

Resolve for the distribution of the sixth mid seventh vol- 
umes of the Special Laivs. 

February 19, 1838. 

Resolved, That the Secretary of the Commonwealth 
be directed to distribute, to each member of the present 
Legislature, one copy of the sixth and seventh volumes 
of the Special Laws; and that he be further directed to 
distribute copies of the same, according to the provisions 
of the second chapter of the Revised Statutes. 



CHAP. XVL 

Resolve on the petitions of David Bemis and others, and 
of Electa Hubbard. 

February 19, 1838. 

Resolved, That Josephine B. Morgan, of Springfield, 
in the county of Hampden, and David Hubbard, of Sun- 
derland, in the county of Franklin, the son of Electa 
Hubbard, be placed upon the list of beneficiaries of this 
Commonwealth, to be supported at the American Asylum 
for the Deaf and Dumb, at Hartford, according to the 
provisions of the Resolves now in force relating to State 
beneficiaries at that institution. 



654 SARAH WHEELER. 

CHAP. XVH. 

Resolve on the petition of Joseph Stone. 
February 19, 1838. 

Resolved^ for reasons set forth in the said petition, 
that there be allowed and paid, out of the treasury of the 
Commonwealth, to Joseph Stone of Dedham, the sum of 
fifty dollars, in full for services performed by him in the 
war of the revolution, and that a warrant be drawn 
therefor. 

CHAP. XVIII. 

Resolve on the petition of Hannah Leighton. 

February 22, 1838. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid, out of the treasury of this 
Commonwealth, to Hannah Leighton, of Acton, the sum 
of fifty dollars a year, during life, in full for services ren- 
dered by her former husband, Isaac Davis, in the revolu- 
tionary war, and that a warrant be drawn therefor. 

CHAP. XIX. 

Resolve on the petition of Sarah Wheeler, widoio of 
Thomas Wheeler, late of Leicester, deceased. 

February 22, 1838. 

Resolved, for reasons set forth in the said petition, 
that the Commonwealth of Massachusetts hereby releases 
unto the said Sarah Wheeler a certain lot of land, of 



ABIGAIL FIELDING. 635 

which her late husband, who was an alien, died seized 
and possessed, viz. "a certain lot of land situate in the 
northeasterly part of said Leicester, containing eight acres 
and twenty rods, more or less, bounded as follows, to 
wit : Beginning at the northeast corner of said lot, by a 
town road, and running on land of Abel Green, south 
13° 30' east, twenty-three rods and one link, to a spring 
of water ; thence south 32° 30' east, thirty-one rods and 
twenty-three links, to the southeast corner of the lot ; 
thence south 67° west, eighteen rods and ten links on 
Sarah Lynde's land, to the southwest corner; thence 
north 32° 30' west, sixty-three rods and twelve links to 
the road ; thence on said road about thirty-three and an 
half rods, to the first mentioned bound." To have and 
to hold the same to the said Sarah Wheeler, her heirs 
and assigns forever discharged from any supposed claim 
that the Commonwealth may have thereto, in conse- 
quence of the said husband of the petitioner having been 
an alien at the time of his death. 



CHAP, XX. 

Resolve on the petition of Abigail Fielding, widow of 
John Fielding, late of Marblehead, deceased. 

February 22, 1838. 

Resolved, for reasons set forth in the said petition, that 
the Commonwealth of Massachusetts hereby releases 
unto the said Abigail Fielding a certain parcel of real 
estate, described in said petition, of which the said John 
Fielding died seized and possessed ; to have and to hold 
the same to the said Abigail, her heirs and assigns, dis- 
charged of any claim which said Commonwealth may 
84 



656 PET. OF W. B. BANISTER. 

have thereto, in consequence of the said deceased having 
died without heirs and intestate. 



CHAP. XXI. 

Resolve on the petition of William B. Banister, Guardian 
for Sarah White Banister. 

February 23, 1838. 

Resolved, for reasons set forth in said petition, that 
the said William B. Banister be, and he hereby is au- 
thorized and empowered to sell, at public or private sale, 
at his discretion, and convey the hereinafter described 
real estate, viz. a certain tract or parcel of land situate 
in Newburyport, in the county of Essex, being a wharf 
with the buildings thereon, known by the name of Coffin's 
wharf, and bounded southwesterly on Water street, north- 
westerly by land of Nathaniel Noyes, J/., northeasterly by 
Merrimack river, and southeasterly by land of Nathaniel 
Noyes, Jr. ; and out of the proceeds thereof to reimburse 
such sum or sums of money as may be made to appear 
to the judge of probate for said county have been expend- 
ed in payment of taxes, and in repairs on said premises 
beyond the income which has been received therefrom, 
since the decease of Moses Brown, from whom they de- 
scended ; and to invest the balance of the proceeds of said 
sale, either in whole, or in part, in other real estate, or 
in other personal estate, properly secured, at his discre- 
tion ; said properly to remain to the same uses and ulti- 
mate disposal as is provided for in and by the last will 
and testament of Moses Brown aforesaid. Provided, 
that the said guardian shall first give bond with sufficient 
sureties to the judge of probate for said county of Essex, 



AUDITED ACCOUiNTS. 657 

to the acceptance of said judge, conditioned that said 
guardian shall faithfully, and according to his best judg- 
ment, execute the authority hereby conferred, and well 
and truly account for the proceeds of any sales which he 
may make by virtue of the same. 



CHAP. XXII. 

Resolve authorizing the payment of certain Sheriffs\ 
Printers^ and Miscellaneous Accounts. 

March 2, 1838. 

Resolved, That there be allowed and paid, out of the 
public treasury, to the several persons named in the 
accompanying Koll, the sums set against their names 
respectively, amounting in the whole to one thousand 
four hundred and twenty-four dollars and twenty-nine 
cents, the same being in full discharge of all the accounts 
to which they refer ; and that a warrant be drawn 
therefor. 



ROLL OF ACCOUNTS, 



Audited by the Treasurer, and reported February 22d, 

1838. 

SHERIFFS. 

Crocker, David, for returning votes and distrib- 
uting blanks, &c. to November, 1837, ^43 84 

Hayward, Nathan, for returning votes and dis- 
tributing blanks, &c. to December, 1837, 51 60 

Leonard, Horatio, for returning votes and dis- 
tributing blanks, &c. to November, 1837, 47 60 



m 


00 


16 


00 


58 


80 


59 


10 


75 


70 


152 


48 



658 PRINTERS AND MISCELLANIES. 

Lyman, Joseph, for returning votes and distrib- 
uting blanks, &;c. to November, 1837, 

Pease, Isaiah D., for returning votes and dis- 
tributing blanks, &c. to December, 1837, 

Sprague, Joseph E., for returning votes and dis- 
tributing blanks, &c. to November, 1837, 

Rice, Caleb, for returning votes and distributing 
blanks, &c. to November, 1837, 

Varnum, Benjamin F., for returning votes and 
distributing blanks, &c. to November, 1837, 

Willard, Calvin, for returiiing votes and distrib- 
uting blanks, &c. to December, 1837, 

;$f562 12 

PRINTERS AND MISCELLANIES. 

Allen, P. & Son, for publishing the laws of 

1837, 16 67 

Amesbury, Arad, for advertising and for pub- 
lishing the laws of 1837, 18 Q6 

Blossom, T. D., for advertising and for publish- 
ing the laws of 1837, 17 67 

Bowles, Samuel, for advertising and for pub- 
lishing the laws of 1837, 18 16 

Buffum, Jonathan, for advertising and for pub- 
lishing the laws of 1837, 21 Q& 

Cushing, John D., for advertising and for pub- 
lishing the laws of 1837, 17 67 

Goodrich & Barnum, for publishing the laws of 

1837, 16 i^& 

Hawley, W. A., for advertising and for publish- 
ing the laws of 1837, 18 67 

Huntress, Leonard, for advertising and for pub- 



AGGREGATE. 



659 



lishing the laws of 1837, in the "Lowell 
Journal" and the " Lowell Courier," ;^38 32 

Ingersoll, C. J. J., for publishing the laws of 

1837, 16 66 

Palfraj & Cook, for advertising and for publish- 
ing the laws of 1837, 20 16 

Phelps, A., for publishing the laws of 1837, 16 67 

Spooner, M,, for newspapers supplied in 1836, 10 96 

Tajlor, J., for advertising and for publishing 

the laws of 1837, " 18 16 

Thurber, James, for advertising and for pub- 
lishing the laws of 1837, 19 67 

Calhoun, Charles, " for services in completing 
an arrangement of the Files of the Senate, 
and for making a catalogue and index thereof, 
per order of the Senate of April 5th, 1836," 
161 days, at $3 50 per day, 563 50 

Loring, James, "for 14 Registers for the State 

Council," 12 25 

$S62 17 



AGGREGATE. 



Sheriffs, 

Printers and Miscellanies, 



^562 12 
862 17 



^1424 29 



660 EPHRAIM HUNT. 

CHAP. xxni. 

Resolve on the petition of Ellingwood Smith and others. 

March 7, 1838. 

Resolved, for reasons set forth in said petition, that the 
selectmen of the town of Manchester, in the county of 
Essex, be authorized to order the treasurer of said town 
to pay such members of the Light Infantry Company, 
called the " Manchester Mechanic Light Infantry," the 
sum of four dollars each, as, being armed, uniformed and 
equipped, have performed all the active duty required by 
law for the year one thousand eight hundred and thirty- 
seven, excepting only that required at the May inspec- 
tion ; that the treasurer of said town be authorized to 
pay the amount thus ordered, and that the treasurer of 
the Commonwealth be authorized to reimburse the same, 
in the same manner as if the members of said company 
had performed "all the active duty required by law" for 
the year one thousand eight hundred and thirty-seven, 
and had been constantly armed and equipped. 

CHAP. XXIV. 

Resolve on the petition of Ephraim Hunt. 

March 8, 1838. 

Resolved, for reasons set forth in said petition, that 
there be allowed and paid, out of the Treasury of the 
Commonwealth, to Ephraim Hunt of Canton, in the Coun- 
ty of Norfolk, the sum of fifty dollars, in full for services 
rendered by him during the revolutionary war, and that 
a warrant be drawn therefor. 



JOHN WELCH. 661 

CHAP. XXV. 

Resolve on the petition of John W. Lincoln and others. 

March 8, 1838. 

Resolved, for reasons set forth in the said petition, that 
the land agent of this Commonwealth bo authorized and 
directed to release to Alfred Andrews all the claim of this 
Commonwealth, arising from the breach of the perform- 
ance of the conditions of settling duties annexed to the 
township of land called letter E, in the county of Ox- 
ford and state of Maine, and to discharge and cancel, 
accordingly, any bond or other security which may have 
been given by the said Alfred Andrews, agreeably to a 
resolve of this Commonwealth, passed April first, in the 
year one thousand eight hundred and thirty-six. 

CHAP. XXVI. 

Resolve on the petition of John Welch. 

March 8, 1838. 

Resolved, for the reasons set forth in said petition, that 
the said John Welch be authorized to commence and 
prosecute, in the name of this Commonwealth, to final 
judgment and execution, any suit or actions at law which 
he may deem necessary, against any person or persons 
who have intruded upon, or wrongfully entered on any 
part of the lands conveyed by the authority of this Com- 
monwealth to Samuel F. Haven and others, by deed of 
George W. Coffin, Land Agent, bearing date the twenty- 
ninth of October, one thousand eight hundred and twenty, 
which lands were subsequently conveyed, by said Samuel 



662 WITNESSES AND CLERKS. 

F. Haven and others, to said Welch : provided, however, 
that no cost or expenses of any kind shall be incurred by, 
or be chargeable to, this Commonwealth thereby. 



CHAP. XXVH. 

Resolve to continue the Pension of Daniel Herring. 

March 8, 1838. 

Resolved, That there be allowed and paid, out of the 
treasury of the Commonwealth, to Daniel Herring, fifty 
dollars a year, for five years, should he live so long, from 
and after the expiration of his pension heretofore granted, 
and that warrants be drawn therefor. 

CHAP, xxvni. 

Resolve making appropriation for the Quarter Master 
GeneraPs Department, 

March 8, 1838. 

Resolved, That the sum of four thousand dollars is 
hereby appropriated to defray the expenses of the Quarter 
Master General's department for the current year, and 
that warrants be drawn therefor. 

CHAP. XXIX. 

Resolve to pay Witnesses and Clerks in the cases of the 
Franklin and Lafayette Banks, 

March 8, 1 838. 
Resolved, That there be allowed and paid, out of the 



BETSEY GUNDEWAY. 663 

treasury of the Commonwealth, to Charles Hickling, for 
attendance as a witness, and for copying papers for the 
several committees on the doings of the Franklin and 
Lafajette Banks, the sum of seventy-two dollars; to 
Joshua Child, Jr. for travelling two hundred and fifty- 
six miles, and for six days' attendance as a witness, the 
sum of seventy-five dollars ; and to Joseph C. Pray, for 
services in procuring witnesses, the sum of five dollars ; 
and that warrants be drawn accordingly. 

CHAP. XXX. 

Resolve on the petition of Matthias Ellis. 
March 10, 1838. 

Resolved^ for reasons set forth in the said petition, that 
there be allowed and paid, out of the treasury of this 
Commonwealth, to Matthias Ellis, the sum of eighty dol- 
lars, in full compensation for his services in informing 
against and prosecuting one Ezra Worcester, an utterer 
of forged notes ; and that a warrant be drawn accordingly. 

CHAP. XXXI. 

Resolve oti the petition of Betsey Gundeway. 

March 10, 1838. 

Resolved, for reasons set forth in said petition, that 
there be allowed and paid, out of the treasury of the 
Commonwealth, to Betsey Gundeway, fifty dollars, in full 
for services performed by her late husband, in the revolu- 
tionary war ; and that a warrant be drawn therefor. 
85 



664 P. HUBBARD AND G. C. WARD. 

CHAP. xxxn. 

Resolve on the petition of Betty Flint. 

March 10, 1838. 

Resolved, for reasons set forth in said petition, that 
there be allowed and paid, out of the treasury of the 
Commonwealth, to Betty Flint, the sum of fifty dollars, 
in full for services performed by her late husband, John 
Flint, in the revolutionary war ; and that a warrant be 
drawn therefor. 

CHAP. XXXIII. 

Resolve on the petition of Phcebe Hubbard and George 

C. Ward. 

March 10, 1838. 

Resolved, for reasons set forth in the said petition, 
that the said Phoebe Hubbard be, and she hereby is au- 
thorized and empowered to sell and convey, by proper 
deed or deeds, unto the Western Rail-road Corporation, 
all the right and interest which Mary Ann Hubbard, Wil- 
liam Hubbard, Henry Hubbard, I\Jartha Ann Hubbard, 
and Adaline Ward, have, as heirs at law of RusseJl Hub- 
bard, late of Springfield, deceased, in and unto that real 
estate described in said petition, of which the said Rus- 
sell Hubbard died seized and possessed, consisting of his 
homestead estate ; bounded northerly on land of Robert 
Emery, easterly on Main street, southerly and westerly 
on land of the heirs of John Hooker, deceased ; contain- 
ing one acre and thirty-two rods, with a dwelling-house, 
barn and out-buildings standing thereon : provided, that 



ANNEXATION OF TEXAS. 665 

the said George C. Ward shall join with the said Phoebe, 
in conveying so much of said estate as belongs to said 
Adaline Ward : and provided further^ that before making 
sale and conveyance as aforesaid of said estate, the said 
Phoebe shall file, in the probate office of the county of 
Hampden, a bond with sufficient sureties, to the accept- 
ance of the judge of probate of said county, conditioned 
for the faithful performance of the power hereby granted, 
and for rendering a faithful account of her proceedings 
in making said sale into the said probate office, within 
three months after completing the same, and for investing 
the proceeds of said sale, at interest, for the benefit of 
said minors, in the same manner as if said sale had been 
made at auction, by license of the court of probate, ac- 
cording to law. 



CHAP. XXXIV. 

Resolves against the annexation of Texas to the United 

States. 

March 16, 1838. 

Whereas a proposition to admit into the United States, 
as a constituent member thereof, the foreign nation of 
Texas, has been recommended by the legislative resolu- 
tions of several states, and brought before Congress for 
its approval and sanction ; and whereas such a measure 
would involve great wrong to Mexico, and otherwise be 
of evil precedent, injurious to the interests, and dishon- 
orable to the character of this country ; and whereas its 
avowed objects are doubly fraught with peril to the pros- 
perity and permanency of this union, as tending to dis- 
turb and destroy the conditions of those compromises and 



666 ELIZABETH PIERCE. 

concessions entered into at the formation of the Consti- 
tution, by which the relative weight of different sections 
and interests were adjusted, and to strengthen and ex- 
tend the evils of a sjstem which is unjust in itself, in 
striking contrast with the theory of our institutions, and 
condemned hy the moral sentiment of mankind ; and 
whereas the people of these United States have not grant- 
ed to any or all of the departments of their government, 
but have retained in themselves, the only power adequate 
to the admission of a foreign nation into this confede- 
racy : therefore, 

Resolved, that we, the Senate and House of Repre- 
sentatives, in General Court assembled, do, in the name 
of the people of Massachusetts, earnestly and solemnly 
protest against the incorporation of Texas into this 
union, and declare that no act done or compact made, 
for such purpose, by the government of the United 
States, will be hinding on the states or the people. 

Resolved, That His Excellency the Governor be re- 
quested to forward a copy of these resolves, and the ac- 
companying report to the Executive of the United States 
and the Executive of each state, and also to each of 
our Senators and Representatives in Congress, with a 
request that they present the resolves to both Houses of 
Congress. 

CHAP. XXXV. 

Resolve on the petition of Elizabeth Pierce. 
March 16, 1838. 

Resolved, for reasons set forth in the petition, that 
there be allowed and paid, out of the treasury of the 



WILLIAM HAMMATT. 667 

Commonwealth, to Elizabeth Pierce, of Marblehead, the 
sum of one hundred dollars, in compensation for the loss 
of the services of her son, and for money expended in his 
support, who was mortally wounded during the late war; 
and that a warrant be drawn therefor. 



CHAP. XXXVI. 

Resolve on the petition of Samuel F, Lyman. 

March 17, 1838. 

Resolved^ for reasons set forth in the said petition, 
that the Land Agent of this Commonwealth be author- 
ized and directed to release to the said Samuel F. Ly- 
man all the claim of this Commonwealth arising from the 
breach of the performance of the conditions of settling 
duties, annexed to a township of land in the county of 
Washington, in the state of Maine, the same being num- 
ber one, first range, west of the river St. Croix, and being 
the township purchased of the Commonwealth, in the 
year one thousand seven hundred and ninety-five, by 
Samuel Fowler, of Westfield, and Justin Ely, of West 
Springfield ; and to discharge and cancel accordingly any 
bond or other security which may have been given by 
said Lyman, agreeably to a Resolve of this Common- 
wealth, passed April first, in the year one thousand eight 
hundred and thirty-six. 

CHAP. XXXVII. 

Resolve on the jjetition of William Hammatt and another. 
March 21, 1838. 
Resolved, for reasons set forth in said petition, that 



668 PAY OF CLERKS. 

when William Hammatt and his associates shall surrender, 
to the Land Agent of" this Commonwealth, the contracts 
made with said Agent for the purchase of certain lands in 
the state of Maine, situate in township No, 3, fifth range 
of townships west from the east line of said state, bearing 
date the thirty-first day of March, and the first day of 
May, eighteen hundred and thirty-five, the Treasurer of 
this Commonwealth shall be authorized to cancel and 
discharge the obligation signed by said Hammatt and 
others, now in the treasury, given therefor. 



CHAP. XXXVHL 

Resolve to pay the Clerks of the Senate and House of 
Representatives. 

March 22, 1838. 

Resolved, That there be allowed and paid, out of the 
treasury of this Commonwealth, to the Clerk of the 
Senate, and the Clerk of the House of Representatives, 
each, the sum of ten dollars per day, and to the Assist- 
ant Clerk of the Senate, the sum of 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 to the Clerk of the House 
of Representatives; the sum of one hundred dollars each, 
for copying the Journals for the Library, as required by 
the orders of the two Houses ; and that warrants be 
drawn accordingly. 



TREAS. TO BORROW MONEY. 669 

CHAP. XXXIX. 

Resolve on the petition of Alpheus Plumer. 

March 22, 1838. 

Resolved^ for reasons set forth in the petition, that 
there be allowed and paid, out of the treasury of the 
Commonwealth, to Alpheus Plumer, the sum of twenty- 
two dollars and fifty-five cents, in full payment of a Mas- 
sachusetts State note, issued during the revolutionary 
war, and now surrendered by him ; and that a warrant be 
drawn therefor. 

CHAP. XL. 

Resolve on the petition of Ruth Bates. 

March 22, 1838. 

Resolved, for reasons set forth in the petition, that 
there be allowed and paid, out of the treasury of the 
Commonwealth, to Ruth Bates, of Weymouth, fifty dol- 
lars, in full for services rendered by her husband during 
the revolutionary war ; and that a warrant be drawn 
therefor. 

CHAP. XLl. 

Resolve authorizing the Treasurer to borrow money. 

March 23, 1838. 

Resolved, That the Treasurer of this Commonwealth 
is hereby authorized and directed to borrow, of any of the 



670 ACCOUNTS. 

banks in this Commonwealth, or of any corporation 
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 and fifty thousand dollars. 



CHAP. XLII. 

Resolve in favor of Thomas C. Phelps. 

March 28, 1838. 

Resolved, That there be paid, from the treasury of the 
Commonwealth, to Thomas C. Phelps, the sum of forty- 
two dollars and eighty cents, in full payment for travel 
and expenses in serving a copy of the Report of the Com- 
missioners on unincorporated lands, on certain towns 
interested, in the counties of Franklin and Berkshire, 
pursuant to an order of the Legislature, which passed 
February eighth, eighteen hundred and thirty-eight, and 
that a warrant be drawn accordingly. 

CHAP. XLIII. 

Resolve authorizing the payment of certain Accounts. 

March 28, l[i38. 
Resolved, That there be allowed and paid, out of the 



ROLL OF ACCOUNTS. 671 

public treasury, to the several corporations and persons 
mentioned in the accompanying Roll, numbered 112, the 
sums set against their names respectively, amounting in 
the whole to the sum of forty-five thousand two hundred 
and forty-two dollars and fifty-one cents ; the same being 
in full discharge of the accounts and demands to which 
they refer ; and that a warrant be drawn accordingly. 



ROLL, No. 112. 



PAUPER ACCOUNTS, TO JANUARY 1, 1838. 

Adams, for support of Phila Hill, Lydia Town- 
send, Sarah Goodrich, Polly Martin, Sarah 
Martin, Timo. Shippey, John Whitman, 
Freelove Pettice, John Pettice, Sally Pettice, 
Elias Williams, Luther Horton, Mrs. Dorr, 
Luther Elwell, adults ; Lydia Ann, Truman, 
Edwin, George, and Lavinia Pettice, James, 
Mary, John and William Dorr, children ; and 
funeral charges for Phillis Shepard, Patrick 
McGill, and Robinson Dean, $353 16 

Abington, for support of Margaret Jack, adult, 25 55 

Attleborough, for support of Daniel McKinley, 
Hannah McKinley, Jerusha Gooding, Lovisa 
Bacon, adults; Wm. C. and Daniel McKin- 
ley, children, 25 93 

Amherst, for support of Peter Jackson, Sarah 
Jackson, Wealthy Mack, adults ; Cyrus B. 
and Benj. F. Mack, children, 67 15 

86 



672 PAUPER ACCOUNTS. 

Auburn, for support of Sarah Wiser, Patrick 
Grej, John Conner, Ellen Conner, Richard 
Hutchinson, John Lane, Judith Lane, John 
Neugell, adults ; Patrick and Jeremiah Con- 
ner, children, 96 75 

Ashburnhara, for support of William Stineger 

and James Weeks, adults, 29 12 

Amesburj, for support of Robert Baker, Mi- 
chael Delano, George Gerratt, James A. 
Rilej, Samuel Tilton, adults ; Wm. Henry 
and Michael Condon, children, 70 65 

Andover, for support of Sukey Hornsby, Flora 
Chandler, Dinah Chadvvick, Rosanna Co- 
burn, Lucy Foster, James Johnson, Mary 
Lawson, Mary Gillespie, Ann Robinson, Ma- 
ry Cassady, Bernard Morren, Mary Morren, 
Mary Sigourney, John Doloff, adults; Sarah, 
Mary Ann, and John Cassedy, Mary Ann 
Gillespie, and Hannah Highland, children ; 
funeral expenses of Jos. Moore and Mary 
Cassedy, 237 77 

Boston, for support of sundry paupers in the 

house of industry, funeral charges, &c. 8527 00 

For supplies to paupers not in the house of 
industry, 3933 55 

For support of paupers in the house of refor- 
mation, 182 52 
For support of lunatic paupers in house of 
correction, 1573 92 

Braintree, for support of Titus, Sarah Mallet, 
and Ira Warren, adults ; infant child of Sarah 
Mallet, and supplies to Ira Warren, previous 
to his being in the poor-house, 75 88 

Billerica, for support of Jane Kelly, Catharine 



PAUPER ACCOUNTS. 673 

Kelly, adults ; James and Tho's. Malade, 
children, 17 04 

Becket, for support of Church Ida, adult ; Jane 

Parker, child, 3 24 

Brimfield, for support of Thomas Corbin, Har- 
riet Moore, Harriet Wellman, adults ; Geo. 
W. Paine, Harriet Wellman, Harriet Moore, 
children, 45 21 

Bedford, for support of Violet Moore, adult, 25 55 

Boxford, for burial of John Fisk, 5 00 

Burlington, for support of Venus Roe, adult, 

and burial of a stranger, SO 55 

Bradford, for support of Joel Saunders, Rose 
Saunders, John Roah and Fanny Saunders, 
adults, and Henry Coe, child, 64 54 

Brookfield, for support of Charles Phillips, 
Thomas Douly, Nancy Hagan, (child,) John 
C. Hagan, adults, 23 46 

Boxborough, for support of Andrew Jackson, 

child, 14 60 

Berkley, for support of Mary Lindell and Jas. 

Cuddy, adults, 51 10 

Barre, for support of James Batchelder, adult ; 
James, Charles and Henry Batchelder, chil- 
dren, 59 55 

Bridgewater, for support of Rachel Elleba, 
Benj. Mahurin, Hannah Fowler, Amy Ward, 
Michael Deland, Merubah Mingles, Eliza- 
beth Mitchell, James Robinson, adults ; Isaac 
Wood, Francis Ashport, Henry, Thomas, 
Elizabeth and William Mitchell, children ; 
and funeral charges for Merubah Mingles, 133 34 

Brookline, for support of Geo. Thompson, adult, 

and Ann Potter, child, 36 74 



674 PAUPER ACCOUNTS. 

Belchertown, for support of Hannah Levens 

and Duty Darling, adults, 41 44 

Beverly, for support of Dolly Claxton, John 
Kelly, John Pollard, Isabella Welch, John 
Smith, Martha Cameron, Jan)es Kane, Mary 
Kane, James Kelly, Richard Whalan, An- 
drew Nevers, Mary Doyle, Robt. Marshall, 
William P. Sargent, Sally Sargent, Harriet 
Brown, adults, 6S 28 

Blandford, for support of John H. Durlam, 
Susan Burdick, Polly Burdick, and Mary 
Bradley, adults ; and funeral charges for John 
H. Durlam, 106 85 

Brighton, for support of John E. Baker, adult ; 

James C. Comfort, child, two years, 80 30 

P. C. Bacon and Dudley Campbell, admrs. of 
estate of Sam'l P. Butler, guardian of Dud- 
ley Indians, for supplies to said Dudley In- 
dians, to Jan. 1, 1838, 159 29 

Cambridge, for support of sundry paupers, sup- 
plying sundry persons out of alms-house, fu- 
neral charges, &c. 1345 93 

Cummington, for support of Bristol Peirce, 
Aaron C. Graham, and Eleanor Graham, 
adults, 41 51 

Chelmsford, for support of Barnard Stratten, 
Charlotte Stratten, Ann A. Stratten, Rich- 
ard Murphy, and John Copps, adults ; Lydia, 
Charlotte and Martha Stratten, children, 27 77 

Conway, for support of Sally McMurphy, and 
Bernard McClency, adults; William, Dalan- 
tha, Eunice and Abie;ail Clark, children, 10! 45 

Cheshire, for support of Noel Randel, Ephraim 
Richardson, Joel Lilly, Polly Cooper, Levi 



PAUPER ACCOUNTS. 675 

Peirce, Catharine Burt, and Robert Dunn, 

adults; funeral charges of two last, 143 84 

Carver, for support of Cuff Collins, adult, 25 55 

Colraine, for support of Cate Vanvantenburgh, 
Ann Briggs, Olive Forbes, Catharine Forbes, 
Susan Forbes, adults ; David Jackson, Polly 
Forbes, children, 93 70 

Chelsea, for support of Betsy Jones and Cath- 
arine Adams, adults; William Haffey, child, 48 69 

Charlestown, for support, and funeral charges, 

of sundry paupers, 2944 71 

Concord, for support of Nathaniel Lynch, Fran- 
cis York, Oliver Barton, Luke Wood, Tho's 
Roch, John Morrison, Garlet Capron, Ellen 
Capron, adults; Milo J., Sarah D., Benj. F. 
Chapin, children, 8 22 

Clarksburg, for support of Caroline Hill, child, 14 60 

Canton, for support of Eleanor Murphy, James 
Donivan, Edward Doyle, and Geo. Garrett, 
adults; Charles and William Murphy, chil- 
dren, 85 34 

Charlton, for support of Robert Bennett, Cath- 
arine Greene, David Morse, Patrick Murphy, 
Andrew Gross, adults ; Geo. H. Bennett, 
Pamela Ann Alexander, children ; funeral 
expenses of Robt. Bennett and Eliza Hum- 
phrey, 71 54 

Dighton, for support of John Cook, adult, 7 21 

Duxbury, for support of Sarah Simmons, John 
Carnes, Hannah Chummux, adults ; Edward 
Gray Hunt, child, 87 25 

Dudley, for support of Timothy and Priscilla 

Wakefield, adults, 51 10 

Dartmouth, for support of James McMennomen, 



676 ' PAUPER ACCOUNTS. 

Cuff Freebon, Samuel Shoemaker, William 

Shaw, and Charles B. Hajden, adults, 63 91 

Dalton, for support of Abigail Rider, Mary 
Hogs, Gilbert Turner, Mercy Turner, adults ; 
Lewis Turner, child, and an infant, 58 58 

Dracut, for support of Abigail Townsend, and 

Miss Moor, adults, and Miss Moor's child, 20 06 

Dedham, for support of Esther Scott, Lucy G. 
Duncan, David Houston, Martha Cook, and 
Elizabeth Decker, adults ; and funeral ex- 
penses of Elizabeth Decker and child, 24 23 

Dorchester, for support of Alexander McDon- 
ald, George Bullard, John Chirking, John 
Cothlan, Jacob Lyon, John Williams, Peter 
Manning, John Cassady, Warren Mitchell, 
Edward McDonald, adults ; Phebe McDon- 
ald, Mary Byrn, Sarah Hague, Caroline 
Townsend, Benj. F., James M., Sarah Ann, 
Henrietta and Isabella Childs, children ; and 
funeral charges for Warren Mitchell, 81 54 

Danvers, for support of Owen Miller, Joel Wes- 
son, John Henley, Philip Roach, Philip Ma- 
gran, Humphrey Lyons, Mary Lyons, Tho's 
Harrison, Thomas Kearns, Julia Ann Kearns, 
Lucy Ann Kearns, Sarah Ann Kearns, Isa- 
bella McGinnis, John Moriarty, Richard 
Hoyne, John Foster, Patrick Berry, Timothy 
Dempsey, James Cassinall, George Walker, 
Michael Delany, Charles Folk, Eliza Folk, 
James Donnahue, Mary Gillaspie, Francis 
McGinnis, Robert Marshall, adults ; Edward, 
Mary Ann and Jeremiah Lyons, Wm. Hen- 
ry and James Bently Kearns, Eliza Ann Gil- 
laspie, and George, Melissa, Francis and 
Simon Downs, children, 245 33 



PAUPER ACCOUNTS. 677 

Dover, for support of Charles E. Snow, adult; 
and Joseph H. and George William Snow, 
children, 22 24 

Deerfield, for support of Lovina Witherell, and 

funeral expenses, 6 96 

East Bridgewater, for support of Elihu Ste- 
phens, Betty Chase, Jane Chestnut, Ann 
Richards, John Chestnut, Alfred Battmer, 
Robert Seaver, adults ; Francis Cromwell, 
child, and funeral charges for Ann Richards 
and John Chestnut. Also, expense of remo- 
val of Robert Seaver, 150 93 

East Hampton, for support of Submit Bailey, 
Arumah Bailey, Patrick Cavenaugh, adults; 
Charles Bailey, Mary Ann and Thomas L. 
Cavenaugh, children ; and funeral expenses 
for Patrick Cavenaugh, 97 49 

Easton, for support of John Carroll, James 

Quinley, and John Watson, adults, 55 02 

Egremont, for support of Betsy Daley, Reuben 
Van Guilder, Daniel Gunn, Rubia Gunn, 
Abigail Wilcox, Charles Brace, adults ; Mar- 
cus, (son of Gunn,) Caroline and Evelina, 
(daughters of ditto,) Louisa, Martha, Eme- 
line, and Julia Ann Beckwith, children ; and 
funeral charges for Charles Brace, 198 92 

Enfield, for support of Deborah Butterworth, 

adult; Samuel Williams, child, 40 15 

Essex, for support of John Colman, and Rebec- 
ca Kimball, adults, 44 87 

Fairhaven, for support of Robert Wilson, Wm. 
Wilson, Margaret Wilson, John Williams, 
Roby, Abigail, Christopher, Joseph, Mercy, 
Sarah Hammondj Francis Lictor, John J. 



678 PAUPER ACCOUNTS. 

Williams, Hannah Williams, George Wil- 
liams, Mary Salone, adults ; Amelia, Mary 
and Sarah Hammond, Mary S. and Jane 
Williams, children, 200 66 

Fall River, for support of sundry paupers, and 

funeral charges, 467 38 

Franklin, for support of David Houston, Sarah 
Guild, Michael Delany, Elizabeth F. A. 
Gray, (child,) Lyman Redwood, John Ander- 
son, Mary Ann Anderson, adults, 22 23 

Falmouth, for support of Daniel Johnson, adult, 25 55 

Fitchburg, for support of Nicholas and Mary 
Torney, and Edith Taunly, adults ; Mary 
and Thomas Torney, children, 1 1 22 

Foxborough, for support of Caroline G. Howe, 

adult, 25 55 

Framingham, for support of Primus Titus, Geo. 
Bullard, Edmund Hallaghan, Daniel Camp- 
bell, Richard Phales, and Jotham Hitchcock, 
adults ; Jane Blake, child ; and funeral 
charges for Jotham Hitchcock, 82 18 

Granby, for support of Beulah Murray, adult, 25 65 

Gill, for support of Polly Lawson, adult, 25 55 

Do. (second account,) for support of Mary Ann 

Barr, adult, 6 44 

Granville, for support of Sally Stuart, Mary 
Barden, Nathaniel Harris, adults ; Chauncy 
Goodrich, Thomas Watson, Eton Granger, 
children, 121 57 

Grafton, for support of Cornelius Johnson, John 
Johnson, Peter Carr, George Bullard, Henry 
Smith, adults; Ellen Bonett, John, Susanna, 
Thomas, Julia and Jane Painter, children, 140 67 

Great Barrington, for support of John Mc- 



PAUPER ACCOUNTS. 679 

George, Joanna Porter, Lucj Porter, Mary 
Jackson, Jane Phillips, and Henry Smith, 
adults; William Wills, child, and two chil- 
dren of Mary Jackson, 126 36 

Gloucester, for support of sundry paupers, viz. 
thirty-one adults and two children ; and fu- 
neral charges for Elizabeth Dowett, 196 74 

Groton, for support of Thomas Benson, adult ; 

Jane and Andrew Rensellaer, children, 54 75 

Gay Head, for support of Hezekiah Sewall 

and Thomas Morse, adults, 35 87 

Greenfield, for support of Sarah Tanner, Lorin- 
da Parks, Mary Taggart, adults ; Nancy, 
Edgar, and William Tanner, children ; and 
funeral expenses of Julia Ann Parks, 46 99 

Hatfield, for support of Lucy Wheaton, adult, 3 15 

Hanson, for support of Betty Joel, adult, 25 55 

Harwich, for support of James Roberson, adult, 25 55 

Hawley, for support and funeral charges of Jo- 
seph Barnard, 19 35 

Herring Pond Plantation, for support of Dinah 

Reed and Warren Scott, adults, 36 12 

Hubbardston, for support of Daniel Mandell, 

adult, 25 55 

Hardwick, for support of David Smith and 

Philena Clark, 31 78 

Hancock, for support of Darius Green, Lucy 
Owens, George W. Jones, (child,) Mary 
Clark, Joseph Limson, Esther Limson, Nich- 
olas Johnson, adults ; Melinda, Elisha and 
Maria Jones, Jeremiah H. Helms, Lydia 
Belcher, Lorania and Wm. Johnson, chil- 
dren ; and funeral expenses of Lucy Owens, 212 83 
87 



260 


12 


9 


34 


27 


79 


25 


56 



680 PAUPER ACCOUNTS. 

Hingham, for support of George Claypole, 

George Bullard, and Azel Rol)inson, adults, 15 89 

Haverhill, for support of sundry paupers, viz. 
twenty-one adults, and eleven children ; and 
funeral expenses of six of said paupers, 

Hopkinton, for support of David P. Noyes and 
Jane Fojjg, adults, 

HoUiston, for support of John B. Ford and 
Michael Dellaly, adults, 

Heath, for support of Lydia Lamphire, adult, 

House of Correction, Essex, for support of in- 
sane paupers in said establishment, 1254 00 

House of Correction, Norfolk, for support of 

sundry paupers, 52 87 

For support of a lunatic in said establishment, 7 86 

Kingston, for support of Sophia Holmes, adult, 25 55 

Lee, for support of John Marble, Eunice Mar- 
ble, Israel Dolby, Ruth Dolby, Sarah Ross, 
Asa Gleason, Betsy Martin, adults ; Jeffer- 
son Tucker, Amos Moore, Josiah Allen, Ann, 
William and Genet Cady, and Edvv'd White, 
children, 203 61 

Leyden, for support of Tacy Clark, Sarah 
Staunton, Ruth Abel, Joseph Abel, and 
Hannah Cole, adults, 127 75 

Leicester, for support of Mary Davis, adult, and 

Mary Ann Convoy, child, 9 97 

Lunenburg, for support of Jenny Mitchell, 
Prince Brewster, Henry Freeman, adults; 
Abraham, Elizabeth, Sally and Sophia Free- 
man, children ; and funeral charges for Prince 
Brewster, 51 97 

Lincoln, for exj^ense of removal of James, an 

African, to Lunatic Hospital, 13 64 



PAUPER ACCOUNTS. 681 

Leominster, for support of William Shearer, 
John Patterson, Margaret Patterson, adults ; 
Jane, Catharine, John and Francis Patterson, 
children, 58 33 

Lynn, for support of sundry paupers, viz. 
twenty-nine adults and twenty-one children ; 
and burial of Reuben Monger, 273 96 

Lexington, for support of Emery Gaffield, Rho- 
da Kenniston, Mary Ann Osgood, John Cos- 
tell, adults ; infant child of Rhoda Kenniston, 
and infant child of Mary Ann Osgood ; also, 
funeral expense of John Costell, 56 69 

Ludlow, for support of Timo. Haskell, Lovina 

Powers, and Harvey Olds, adults, 76 65 

Longmeadow, for support of Lewis Depatra, 
Rebecca Depatra, Esther Depatra, John 
Dow, Mary Dow, James Dow, Thomas 
Smith, adults ; Mary, John and William 
Dow, children, 15 72 

Littleton, for support of James Fossett and Ann 

M. T. Jones, adults, 28 07 

Lanesborough, for support of sundry paupers, 
viz. twelve adults and ten children ; and re- 
moval of Edward Haynes, 402 02 

Lenox, for support of Moses McGraw, Mary 
Bishop, Justus Stevens, Jack Van Buren, 
adults; Henry and John Ten Eyck, Nancy 
and Abraham Russell, Edward G. Hulbert, 
Erastus and George Fuller, John, Edwin and 
Windsor Way, children, 215 64 

Lowell, for support, removal and burial of pau- 
pers, 2353 II 

Monson, for support of Seth Thrasher, Abiah 
Thrasher, John Piatt, William Wakefield, 



682 PAUPER ACCOUNTS. 

Emily Mason, adults ; Julia Rich, child ; fu- 
neral charges for John Platl, 92 32 

Middleborough, for support of Elizabeth Briggs, 
Solomon Robinson, Jenny Brown, Mahala 
Dick, Clarissa Dick, adults; Charles, Mary 
and Lydia R. Dick, children, 157 79 

Mediield, for support of Edson Fales, child, 8 84 

Medway, for support of Phebe Curtis, Robert 
Brown, David Houston, George Lanham, 
Andrew Nevens, John Stone, Mary Ann 
Stone, Michael Delam, adults ; Sanford Ray- 
nold, child, 35 66 

Marshpee, District of, for support of John Odi- 
orne, George Jones, Ephraim Jerrett, John 
Hazard, Lois Pells, Patience Croock, John 
Bartholomew, Delia Edwards, Spencer Ed- 
wards, Mary Edwards, Andrew Brown, adults, 170 17 

Millbury, for support of Abigail Shipley, adult; 
and Polly and Hiram Shipley, Martin and 
Isaac Floyd, children, 30 69 

Mendon, for suj)port of Daniel Olney, Allury 
Olney, Hannah Ames, John Anderson, Mary 
Anderson, Christopher Kelly, Philip Botty, 
Lydia Rock, Michael Delanu, James Kenne- 
dy, adults ; George, Laura, Martha Ann, 
Esther and Mary Lucretia Olney, Lorenzo 
Ames and Charles Giles, children ; and fu- 
neral expenses of Charles Giles, 37 83 

Maiden, for support of William Granger, Nich- 
olas Francis, Sar;ih Branard, Deborah Saco, 
Mary Brown, Catharine Logan, Mary Con- 
ley, Esther Scott, Caroline Harris, Betsy 
Hause, Michael Delaney, James Riley, Pat- 
rick Dowd and John Morattee, adults ; Al- 



PAUPER ACCOUNTS. 683 

bert Hause, child ; and funeral expenses of 
Catharine Lynde, 164 92 

Mount Washington, for support of Henry Ty- 
ler, adult, 25 55 

Milford, for support of Henry Burleigh, Israel 
Ober, Louisa Erwin, adults ; Sarah Ober, 
Augustus Erwin, children ; and infant child 
of Louisa Erwin, 34 53 

Manchester, for support of Joseph Wheaton, 

child, 14 60 

Milton, for support of John C. Drew, Mono 
Nelson, Archibald McDonald, Mary Maguire, 
Caroline Rogers, Catharine Donley, adults ; 
Andrew Maguire, Charles H. Rogers, chil- 
dren ; and funeral expenses of Catharine 
Donley, 152 24 

Marblehead, for support of John Kennedy, adult, 4 90 

Medford, for support of Michael Farroll, Tho's 
Carnes, Betsy Carnes, Betsy Carnes, 2d, 
Richard Butler, Rufus Gile, Samuel Read, 
Susan Read, Reuben Russell, Hannah Up- 
ham, Lydia Brooks, adults; Mary, Thomas 
and James Carnes, James Prentiss, Susan 
Read, John B. Ham, Elias Brooks, Maria 
Brooks, children. 111 94 

Mansfield, for support of John E. Hartland, 

adult, 2 45 

Marlborough, for support of Ann Mathews, Sa- 
rah Kehen, John Bourns, adults ; William 
Brown and Catharine Kehen, children, 7 25 

Marshfield, for support of Bristol White, John 
Quackow, adults; Phebe Quackow, child; 
and funeral expenses of Bristol White, 70 42 

Northborough, for support of Jacob West, adult, 25 55 



684 PAUPER ACCOUNTS. 

Northampton, for support of sundry paupers, 
viz. fifty adults, and nineteen children ; and 
funeral charges for James Maxwell and Ma- 
ry Barker, 353 09 

Northbridge, for support of William Tyree and 

James Norbury, adults, 61 10 

Norton, for support of Ann Williams, child, 14 60 

Nantucket, for support of Isabella VVinslovv, 
Mary Winslow, Sophia Bebee, Matthew 
Smith, Phillis Painter, Chloe Golding, Fran- 
cis Bebee, Susan Brown, Rufuslnman, Hen- 
ry Greatrake, James Bush, John Caton, 
Joseph Johnson, adults ; and funeral expenses 
of Rufus Inman, John Caton, and Joseph 
Johnson, 203 02 

North Bridgewater, for support of Charlotte P. 
Wood, James Dorren, Hannah Moors, Charles 
Lewis, Hannah Palmer, adults ; Elizabeth 
Wood, Harriet, George H. and Frederick A. 
Moors, children, 138 89 

North Brookfield, for support of William J. and 

Esther Johnson, adults, 30 52 

Norwich, for support of Rufus Minor and Ruth 

Sanford, adults, 51 10 

New Salem, for support of Elizabeth Washburn 

and Chester Wire, adults, 17 43 

Newton, for support of William Pickering, 
George French, Hester Peirce, Philena Skin- 
ner, Thomas Cornell, Mary Smith, Thomas 
Carnes, Mary Carnes, Jane Carnes, Sarah 
Carnes, Patrick Lynch, adults ; Eleanor 
Smith, Ann, James and William Carnes, 
children, 84 49 

Newburyport, for support of sundry paupers, 



PAUPER ACCOUNTS. 685 

viz. thirty-one adults, and thirteen children ; 

and funeral charges for four of said paupers, 626 31 

Newbury, for support of Mary Mathews, Docia 
Francis, Lemuel Smith, Martin Wright, 
Charlotte Mingo, Judith Brown, Sarah 
Braugiiton, John Wood, Wessel T. Cassier, 
John Roach, David Nason, Joseph Alverson, 
James Smith, adults; Docia Francis, Henry 
and George Marshall, Charles Braughton, 
children ; and funeral expenses of Mary 
Mathews and Sarah Braughton, 223 33 

Natick, for support of Munroe, Emily, Henry 

and Mary Ann Thompson, children, 58 40 

Needham, for support of John Pitcher, Sarah 
Postill, John Wilkins, Alexander Wallace, 
Ann Beauchamp, adults; Ann, George, Mary 
and John Beauchamp, children, 58 26 

New Bedford, for support and funeral expenses 

of sundry paupers, 922 55 

Otisj for support of Sampson Cuff, adult, and 
removal of Abijah, Eunice and John H. Haz- 
ard, to Rhode Island, 63 54 

Oxford, for support of Thomas Conroy, Catha- 
rine Conroy, Timothy Dampsey, Almond 
Bigford, Mary M. Bigford, Naomi Evans, 
Thomas Larue, John Castle, James Math- 
ews, and a female stranger, adults; Thomas 
and Mary Ann Conroy, Maria A. and Henry 

A. Bigford, George and Joshua T. Evans, 
and Thomas Larue, Jr., children ; funeral 
expenses of Catharine Conroy, Joshua Reed, 
Thomas Larue, Jr., and a female stranger, 187 81 

Orange, for support of Mary Smith and Alden 

B. Yarrington, adults ; and funeral expenses 

of Mary Smith, 19 28 



686 PAUPER ACCOUNTS. 

Pawtucket, for support of Thomas Barnes and 

wife, and Michael Cox, adults, 12 46 

Phillipston, for support and burial of Abraham 

Scholl, 21 70 

Pembroke, for support of Mary Billings and 

Billj Sambo, adults, 29 82 

Palmer, for support of Polly Backus, 25 55 

Pittsfield, for support of sundry paupers, viz. 
twenty-six adults and nine children ; and 
burial of three adults, 340 57 

Plainfield, for support of Elizabeth McCoy, 

adult, 25 55 

Prescott, for support of Edwin Hines, child, 14 S6 

Plymouth, for support of John McRoap, James 
Reed, John Marthows, Peggy Marthows, 
Walter Wright, Salisbury Sherman, James 
Marasha, Sarah Wood, James O'Neal, Cath- 
arine O'Neal, Samuel Morrils, adults ; Betsy 
and John Marthows, Mary Ann, James and 
Deborah Wood, William and Mary O'Neal, 
children ; funeral expenses of James Reed, 
Deborah Wood, and John B. Horsey, 101 54 

Quincy, for support of Elizabeth Barron, Re- 
becca Machester, Sarah Durant, Mary O. 
Donald, Michael Rine, Nicholas White, John 
Kerney, Abner Colburn, Mercy Colburn, 
adults ; Abner and Mercy Colburn, children ; 
and funeral charges for Abner and Mercy 
Colburn, children, 97 61 

Rehoboth, for support of Lucy Killy, Nancy 
Hill, Newport Braton, Chloe Tanner, Han- 
nah Gardner, adults ; Dinah and Andrew T, 
Hill, children, 156 95 

Rowley, for support of sundry paupers, viz. 

twenty-six adults and three children, 334 73 



PAUPER ACCOUNTS. 687 

Roxbury, for support of sundry paupers, viz. 
fiftj-two adults and twenty children ; and 
funeral expenses of seven paupers, 435 84 

Randolph, for support of Lydia Dace, Ann 
Coulter, James Hanna, Ann Hanna, Eliza- 
beth Dolby, adults ; Charles and John Hanna, 
Hannah Dolby and William Abbot, children ; 
supplies to Ira Warren ; funeral expenses of 
Margaret Freel and child, and removal of 
Elizabeth Dolby and child, 80 62 

Raynham, for support of Patrick Morris, adult, 2 45 

Reading, for support of Betty Holt, Michael 
Delano, Madison Hunt, Eliza Hunnewell, 
adults, 21 98 

Royalston, for support of Alice Clements, adult, 

and funeral charges, 25 30 

Rochester, for support of Thankful Howland, 
Peter Pedro, Catharine Haggerty, Peter 
Johnson, adults; James, John, Ellen and 
Bridget Haggerty, children ; and funeral ex- 
penses of Thankful Howland, 106 75 

Russell, for support of Mary Newton, Sally 
Harrington, Norman Sears, and Abner Clark, 
adults; and funeral expense of Mary Newton, 80 04 

Richmond, for support of Nancy Jessup, Susan 
Darling, Francis H. Darling, Sarah R. Crit- 
tenton, Ruth Wicker, Jacob Wicker, Miriam 
Albee, Nancy Baux, adults ; Emeline and 
Susan Darling, Adeline M. Hagar, Jane and 
Sarah Wicker, Thomas and Lucy Evarts, 
children, 252 67 

Salem, for support of sundry paupers, viz. 
eighty-six adults and twenty-four children ; 
88 



688 PAUPER ACCOUNTS. 

also, for supplies to sundry paupers out of 
alms-house, and funeral expenses, 1060 14 

Salisbury, for support of James McNelly and 

Ann Kirtland, adults, 24 32 

South Hadley, for support of Patrick Conway, 

adult, 1 47 

Sandisfield, for support of Cesar Shelton, Chloe 
Shelton, adults; Elisha, William, Henry and 
Melissa King, Robert, Lydia, Nancy and Al- 
fred Titus, and Benj. Whitney, children, 110 54 

Shelburne, for support of Mary Bates, adult, 25 55 

South Reading, for support of Richard Grigg 

and William K. Bachellor, adults, 30 94 

Saugus, for support of Joseph Clarenbowl, 

adult, 2 31 

Southbridge, for support of Esther Bradbury, 
John Arlenton, adults; and funeral expenses 
of said Bradbury and Arlenton, 3S 31 

Sheffield, for support of Charlotte Turner, Sa- 
rah Turner, Nathan Tyler, Thomas Wiley, 
Rachel Wiley, Annis C. Ferris, Alexander 
Grant, Julia Grant, Almira Seymour, adults ; 
Nancy Wiley, Henry Ferris, Mary Jane 
Grant, children ; and funeral expenses of 
said Wiley and Grant, 12? 81 

Shirley, for support of Mary McKenzie, Walter 
J. Mitchell, Charles and Franklin Mitchell; 
the first an adult — three last, children, 69 35 

Spencer, for support of Mary Stone, Barnard 
McCan and wife, Michael Doharty and Mer- 
cy Freeman, adults, 38 92 

Swansey, for support of Judy McCarty, Pris- 
cilla Barney, Lucy Walkins, Mary Handy, 
adults ; Lydia Handy, Thomas and Mary 



PAUPER ACCOUNTS. 689 

Ann Crank, children, and child of Joshua 
Watson ; also, funeral expenses of Priscilla 
Barney, 107 43 

Springfield, for support of sundry paupers, viz. 
eighteen adults and ten children ; and funeral 
expenses of George W. Perkins, Eliza Maz- 
ro, Aaron Mazro, Mary Ann Smith, James 
Burke and Alexander Kyle; also, for expense 
of removal of Katharine Ryan to Insane Hos- 
pital, and her support there, 209 72 

Sturbridge, for support of George Thompson, 
Rhoda Thompson, John Jackson, adults; 
Samuel Weldon, child, 

Stoughton, for support of Isaac Williams, adult, 

Sandwich, for support of Susan Barney and 
Phillis Wing, adults, 

Sharon, for support of Edward and Elizabeth 
Ellis, adults, 

Southampton, for support of Samuel Crisp, 
adult, 

Southwick, for support of Ruth Turner, adult, 

Stoneham, for support of Chloe and Nancy 

Freeman, adults, 51 10 

Stockbridge, for support of Dorcas Webster, 
Cynthia Martin, Rosanna Martin, Nancy 
Duncan, Samuel Rathbun, Mary Brown, 
adults ; Theodore and Harriet Martin, chil- 
dren, and child of Cynthia Martin ; also, 
funeral charges for Cynthia Martin, Harriet 
Martin and Mary Brown, 166 82 

Somerset, for support of Polly Hill, adult, 25 55 

Sterling, for support of Lucretia Powers, Rob- 
ert G. Holt, Lucy Holt, Elizabeth Onslow, 
adults ; George, Climena and Charles Ons- 



77 


95 


25 


55 


51 


55 


51 


10 


7 


70 


25 


55 



690 PAUPER ACCOUNTS. 

low, William G., John B., Lucy Ann and 

Ahira P. Holt, children, 79 58 

Shutesburj, for support of John Vinauler, Su- 
sanna Vinauler, Michael Vermont, Mary 
Vermont, Benj. Jenkins, Sophia Jenkins, 
adults; Charles Phinemon, Levi Woodward, 
Elizabeth and Sophia Jenkins, and Emily 
Mason, children, 131 76 

Scituate, for support of Zilpha Scott, Polly 
Griffin, Thirza Freeman, James Townsend, 
John Osborne, adults; Roxana and Olive 
Freeman, children ; and funeral expense of 
John Osborne, 107 63 

Savard, Abraham, Ipswich, for burying child of 

Mary McManus from house of correction, 2 50 

Taunton, for support of sundry paupers, viz. 
sixty-nine adults and one hundred and twen- 
ty-one children ; and funeral expenses of six 
of said paupers, 1672 65 

Tewksbury, for support of Joim Swathow, adult, 4 41 

Tyringham, for support of Richard Gardner, 
Pamela Filley, Jacob Van Dusen, Prince 
Mincer, Nancy Mincer, Joseph Nash, Nancy 
Nash, John Maddin, James Maddin, Benj. 
Rogers, Patty Rogers, adults ; Joseph Nash, 
child, 134*41 

Topsfield, for support of Phillis Emerson, Tar- 
rent Peabody, George Drake, adults, 37 62 

Upton, for support of Mary Bryant and Olive 

Hendrick, adults, 51 10 

Uxbridge, for support of Julia Ann Carnes, Sa- 
rah Ann Duncan, Jane Duncan, Thomas 
Carnes, Mary Salisbury, Thankful Pratt, 
Sylvia Moore, Mary Jenks, Nancy Hagan, 



PAUPER ACCOUNTS. 691 

Catharine Honey, Louisa Harris, Charles 
Harris, adults ; William, James and Ann Eli- 
za Duncan, Charles Hagan, Margaret Roney, 
Louisa, Harriet, Charles and Mary Maria 
Harris, children ; funeral exfjenses ot Mary 
Salisbury and Mary Jenks, 153 42 

Watertovvn, for support of John Corbett, and 
forty-five other adult paupers, and eleven 
children, 281 13 

Willianristown, for support of Rachel Galusha, 
Charles Wilkins, Mary Warren, John Hen- 
dersas, Lydia Berry, adults; Ethan, Abel, 
Eliza Ann and Abel Jones, children, 186 15 

Wayland, for support of Thomas Sumner, John 
Godfry, Nancy Godfry, Micah Godfry, 
adults ; John, Peter and Mary Godfry, chil- 
dren ; and funeral expenses of Thomas Sum- 
ner, 

Wenham, for support of Sarah English, adult, 

Walpole, for support of George Manter, Joseph 
E. Harrison, Joseph Fowler and wife, Esther 
Scott, adults. 

Ware, for support of Thomas Dennison and 
Caroline Olney, adults, 

Wilmington, for support and removal of Hannah 
Nichols, adult, 

Washington, for support of Mary Fields, Henry 
Panton, Israel Dolby, Ruth Dolby, Joshua 
Dolby, James Welsh, adults ; Sarah Dolby, 
child, 102 39 

Worcester, Town of, for support of sundry pau- 
pers, viz. forty adults and eighteen children; 
supplies to sundry paupers out of alms-house, 
funeral expenses, &c. 620 \6 



8 


49 


25 


55 


30 


17 


51 


10 


9 


25 



692 PAUPER ACCOUNTS. 

Worcester, County of, for support of paupers in 
the house of correction, committed as lu- 
natics, 392 86 
For support of certain other paupers in house 
of correction, 136 29 

Westport, for support of Mary Jennings and 

Mary Ann Sucernish, adults, 51 10 

Worthington, for support of Nabby Jackson, 
Francis Jackson, Wm. Jackson, adults; Mi- 
nerva, Dexter, Richard, Adeline and Lysan- 
der Jackson, children, 27 06 

Wareham, for support of Martin Grady, adult, 14 63 

Weymouth, for support of Elizabeth Lawler, 
adult; William, Charles, Elizabeth, Henry 
and Susan Lawler, children, 60 85 

Wilbraham, for support of John Amidon, Mary 
Walker, Eunice Davis, Rodn(;y Greenwood, 
Orlin Rood, Caroline Abbey, Joanna Com- 
aly, Ann McGill, adults ; William and Sam- 
uel McGill, children, 160 51 

Webster, for support of Rowland Cobb, Mary 
Cobb, Ruth Ross, adults ; Harriet, Nancy, 
Mary, Albert, and Charles E. Cobb, children, 41 72 

Westfield, for support of Eleazer Harris, Betsy 
Harris, Aseneth Law, Hepsibah Brewer, 
Betsy Rose, Eunice M. French, Susan Cha- 
pin, Benj. Hazard, adults ; Louis Baker, 
Lysander G. Watson, Rufus, Ruth and Nan- 
cy Morey, children, 249 03 

Weston, for support of Elizabeth Spatsel, adult, 25 55 

West Newbury, for support of Jona. Stevens 

and Sarah Hanson, adults, 51 10 

West Springfield, for support of Lois Shevoy, 
Elijah Randall, Mary Randall, Joel Turner, 



PAUPEK ACCOUNTS. 693 

Ann Turner, Mary Clark, Mary M. Clark, 
Dennis O'Brien, Albert Jones, Warwick 
Stoughton, adults, 185 38 

Waltham, for support of James Buchanan, Dan- 
iel North, Charles Mathews, John Cabot, 
Mrs. Cabot, Margaret Cabot, Mary Ann Ca- 
bot, Ellen Cabot, and Arthur Noon, adults ; 
and funeral expenses of Arthur Noon, 46 30 

Wellfleet, for support of VVm. Stacy, adult, and 

funeral expense, 8 01 

Windsor, for support of Rhoda Barnes, and 

funeral expenses, 25 79 

Wrentham, for support of George Bullard, W m. 
McKeever, Daniel Martin, Charles Clinton, 
John Anderson, Mary Ann Anderson, David 
Houston, Esther Scott, Thomas Carnes, 
Julia Ann Carnes, Michael Delaney, Eunice 
McLaughlin, Betsy Pettis. James Lombard, 
adults ; William, James and Eliza Ann 
Carnes, children ; and funeral expenses of 
two adult paupers, 44 94 

West Bridgewater, for support of Mary Good- 
win, Wm. McKinley, Margaret McKinley, 
Susan Derby, adults; Catharine Goodwin 
and Henry Derby, children, 16 51 

Wodell, Holder, guardian of Fall River Indians, 

for services and supplies to said Indians, 145 50 

Whately, for support of Jesse Jewett and Paul 

McCoy, adults, . 41 02 

West Stockbridge, for support of Lucy Lane, 
Samuel Bell, Amos B. Ketchum, adults ; 
Jane and Lucinda Reed, Henry Rogers, 
Cliarles H. Lyons and Charles Loree, chil- 
dren ; funeral expenses of Jane Reed, 120 83 



694 PAUPER ACCOUNTS. 

Yarmouth, for support of black Lot, adult ; 
Cornelia Ann and William Freeman Peters, 
children, 54 76 



Total of Pauper Accounts, ;$f44,261 45 



CORONERS' ACCOUNTS, TO JANUARY 1, 1838. 

Avery, Isaac, for expense of interring the body 

of a stranger, and services as coroner, 10 50 

Andrews, Theodore, for expenses of burying 

the body of a stranger, and fees as coroner, 8 00 

Cudworth, Abiel, for services and expenses in 
taking care of the dead body of a stranger. 

Cotton, Richard, for services and expenses in 
burying the body of a stranger, 

Dunbar, Lemuel, for taking an inquisition and 
burying a body, that of Loring Converse, 
found dead in Quinnabaug river, 

Mason, Benajah, for taking an inquisition on 
Elizabeth Hearne, and burying body, 

Richardson, Eleazer C, for taking an inquisi- 
tion, burying body, &c., 15 31 

Smith, Mace, for taking sundry inquisitions, 

funeral expenses, &c. &c., 44 62 



7 


00 


7 


90 


18 


40 


12 90 



Total Coroners' Accounts, ^^124 63 



CASES OF SMALL-POX. 

Dracut, for expenses incurred in a case of small- 
pox, the person infected having no settlement 
in the Commonwealth, 141 62 



SUB-TREASURY BILL. 695 

Hopkinton, for expenses incurred in a case of 
small pox, the person infected being a State 
pauper, 219 81 

New Bedford, for expenses incurred in taking 
care of sundry individuals, having no settle- 
ment in the Commonwealth, who were in- 
fected with the small pox, 214 97 

Springfield, for expenses incurred in cases of 
small pox, the persons infected being State 
paupers, 280 03 



Total for expense, small pox, ^856 43 



AGGREGATE OF ROLL NO. 112. 

Pauper Accounts, ;^44,261 45 

Coroners' " 124 63 

Expense of Small Pox, 856 43 



^45,242 51 



CHAP. XLIV. 

Resolves relating to the Sub-treasury Bill. 

March 30, 1838. 

Resolved, That the sub-treasury bill, by making no pro- 
vision for furnishing a currency in and between the seve- 
ral states, fails of performing a duty authorized by the 
constitution, and demanded by the interest of the whole 
country. 

89 



696 B. WILLIAMS AND M. BURR. 

Resolved, That the sub-treasmy bill would, by with- 
drawing from circulation, largo amounts of specie, dimi- 
nish the basis on which state institutions are founded, 
place them in too great a degree in the power of the 
general government, deprive them of the means of ex- 
tending usual and necessary facilities to those engaged in 
commerce and manufactures, and, by causing distrust, 
have a direct tendency to postpone the resumption of 
specie payments. 

Resolved. That the sub-treasury bill, by giving to the 
government and its officers a different currency from that 
provided for the people, and by increasing the power and 
patronage of the executive, is hostile to the genius, and 
may be destructive to the permanence of our republican 
institutions. 

Resolved, That His Excellency the Governor be re- 
quested to forward copies of the above resolutions to our 
Senators and Representatives in Congress, and that they 
be desired to use all proper and honorable means to pre- 
vent the bill in question from becoming a law. 



CHAP. XLV. 

Resolve for the relief of Betsey Williams and Mary Burr. 

March 31, 1838. 

Resolved, That there be allowed and paid, out of the 
Treasury of the Commonwealth, to the guardian of the 
Ponkapoag Tribe of Indians, a sum not exceeding one 
hundred dollars annually, for the support of Betsey Wil- 
liams and Mary Burr, the two only survivors of that 
tribe; and, whenever either of them shall die, then, a sum 
not exceeding fifty dollars annually, during the life of the 



MILITARY ACCOUNTS. 697 

other of said persons ; the first payment to be made on or 
after the first day of June next, and that warrants be 
drawn therefor. 



CHAP. XLVI. 

Resolve making appropriations for the State Lunatic Hos- 
pital. 

March 31, 1838. 

Resolved^ That there be paid, out of the Treasury of 
the Commonwealth, a sum not exceeding eight thousand 
dollars, to defray the current expenses of the State Lu- 
natic Hospital ; and the further sum of two thousand five 
hundred dollars, for constructing and furnishing proper 
apartments for the sick in said hospital, to be expended 
under the direction of the trustees ; and that warrants 
therefor be drawn as the same may be required for the 
purposes aforesaid. 

CHAP. XLVIL 

Resolve authorizing the payment of certain Military 
Accounts. 

April 2, 1838. 

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 two thousand five hundred and 
eighty-six dollars and twenty-six cents ; the same being 
in full discharge of the accounts and demands to which 
they refer, and that a warrant be drawn therefor. 



698 



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Division Inspectors, 

Senior Aids-de-Camp to Major Generals, 

Brigade Majors and Brigade Inspectors, 

Adjutants, .... 

Hauling Artillery, 

Coiuts Martial, 

Special service, .... 



Add to the above the account of Samuel W. Kirkland, for ser- 
vices as Inspector in 1834 — 5, audited and allowed by 
Committee on Accounts, under a special order of the Leg- 
islature, viz. 

Samuel W. Kirkland, Inspectoi*, 16 80 

Total of Military Roll, .... §2586 26 



AROOSTOOK ROAD. 711 

CHAP. XLVIII. 

Resolve on the petition of John W, Dana. 

April 2, 1838. 

Resolved., for reasons set forth in said petition, that 
time shall be given to the petitioner until the twenty- 
second day of February, in the year eighteen hundred 
and thirty-nine, to pay to the Treasurer of the Common- 
wealth, the settling duties, due to the Commonwealth 
on the township of land numbered two, in the third range 
of townships, in the county of Oxford and state of Maine ; 
and that no forfeiture of the grant of said township shall 
accrue for, or by reason of the non-payment of said set- 
tling duties : provided^ that they shall be paid on or be- 
fore said twenty-second day of February, one thousand 
eight hundred and thirty-nine ; and that on the payment 
of said settling duties, by the said Dana, the sealed note 
of hand or obligation given by James Barnard and Rich- 
ard S. Roberts on the first day of June, eighteen hundred 
and thirty-six, for the payment of nine hundred dollars, 
the amount of said settling duties to the Treasurer of 
said Commonwealth, or his successor, in one year, with 
interest, shall, by said Treasurer, be assigned to said 
John W. Dana for his own use. 



CHAP. XLIX. 

Resolve for completing the Aroostook Road, 

April 4, 1838. 

Resolved, That the Land Agent of this Commonwealth 
91 



712 JOHN PEIRCE, Jr. 

be directed to take measures, in connexion with the 
Land Agent of the State of Maine, for the completion 
of the road leading from Mattavvamkeag river, lo the 
river Aroostook, in the state of Maine, and to expend 
a sum not exceeding six thousand five hundred dollars 
in rendering said road passable by wheel-carriages ; and 
that His Excellency the Governor be authorized to draw 
his warrant upon the treasury in favor of the Land 
Agent, for said sum of six thousand five hundred dollars. 

CHAP. L. 

Resolve for paying the Commissioner for publishing the 

Special Laws. 

April 4, 1838. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth to Samuel B. Walcott, 
Commissioner for publishing the Special Laws from 1822 
to 1837, inclusive, the sum of fifteen hundred dollars, in 
full for his services, and for money expended in the pros- 
ecution of the same, and that a warrant be drawn there- 
for. 



CHAP. LI. 

Resolve to pay the expenses of the sickness and burial of 
John Peirce, Jr. 

April 4, 1838. 

Resolved, That there be allowed and paid, out of the 
Treasury of this Commonwealth, to Mrs. Maria Peirce, 
widow of the late John Peirce, Jr., the sum of one hun- 



DUELLING. 713 

dred dollars, in full for the expenses incurred during the 
last sickness, and the funeral charges of John Peirce^ Jr., 
late a member of the House of Representatives from the 
town of Somerset; and that a warrant be drawn accord- 
ingly. 

CHAP. LH. 

Resolve on the petition of Benjamin Bunker. 

April 4, 1838. 

Resolved, for reasons set forth in said petition, that 
there be allowed and paid, out of the treasury of the 
Commonwealth, to Benjamin Bunker, of Nantucket, the 
sum of fifty dollars, in full for services rendered by him 
during the war of the Revolution ; and that a warrant be 
drawn therefor. 

CHAP. LIII. 

Resolve on the subject of Duelling. 
April 4, 1838. 

Whereas, the people of Massachusetts have ever re- 
garded Duelling as a practice highly criminal, and mani- 
festly inconsistent with the precepts of the religion which 
they profess; and, whereas, the moral sense of this com- 
munity has, more than once, been outraged by members 
of Congress engaging in duels, whereby the social rights 
of the people of this Commonwealth have been indirect- 
ly violated, by the tendency of such examples to weaken 
the tone of moral feeling which prevails here : in order 
to aid in correcting a vitiated public sentiment, in regard 
to the binding obligation of what is called " the code of 



714 JAEL ADAMS. 

honor," to prevent the recurrence of the disgraceful scenes 
which have had their origin in this code, and to secure 
and preserve that freedom of discussion and debate, 
which is recognized as inviolable by the Constitution of 
the United States : Resolved, that the Senators and Rep- 
resentatives in Congress from this Commonwealth be, 
and they hereby are requested, to use all reasonable ex- 
ertions to procure the passage of a law, by Congress, for 
the suppression of Duelling, so far as they can constitu- 
tionally act thereon, and that His Excellency the Gov- 
ernor be requested to forward copies of this Resolve, and 
of the accompanying Report, to the Senators and Repre- 
sentatives aforesaid. 



CHAP. LIV. 

Resolve on the petition of Jael Adams, Administrator de 
bonis non. with the Will annexed, of the estate of Da- 
vid Parker, deceased. 

April 4, 1838. 

Resolved, for the reasons set forth in said petition, that 
Jael Adams, administrator de bonis non, with the will 
annexed, of the estate of David Parker, late of West- 
ford, in the county of Middlesex, yeoman, deceased, be 
hereby authorized, at any time within six months after 
the passing of this Resolve, to make and file, in the pro- 
bate office in said county of Middlesex, his affidavit, set- 
ting forth the time, place and manner, in which he gave 
notice of the sale of certain real estate of said deceased, 
situate in said VVestford, and which he, the said Jael, 
was licensed to sell, by virtue of an order from the pro- 
bate court, holden at Cambridge, within and for the 
county of Middlesex, on the eleventh day of October, in 



ACCOUNTS OF ASSESSORS. 715 

the year one thousand eight hundred and thirty-six ; and 
all persons interested in said real estate, being notified, 
in such manner as the judge of said court shall order, to 
appear and shew cause, if any they have, why such affi- 
davit should not be filed, as aforesaid, and no sufficient 
cause to the contrary being shown, such affidavit being 
so made and filed, shall be evidence of the time, place 
and manner in which such notice of said sale was given, 
and be as effectual to all purposes, as if the same had 
been made and filed in said probate office, within the 
time prescribed by law. 



CHAP. LV. 

Resolve authorizing ike payment of the accounts of Asses- 
sors for obtaining Statistics of the various Branches of 
Industry. 

April 9, 1838. 

Resolved^ That there be allowed and paid, out of the 
treasury of this Commonwealth, to the assessors and 
persons mentioned in the accompanying roll, the sums 
set against their names respectively, amounting in the 
whole to two thousand nine hundred and one 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 accordingly. 



ROLL OF A^SESSORS^ ACCOUNTS, 

FOR RETURNING STATISTICS OF CERTAIN BRANCHES OF INDUSTRY IN THE 
COMMONWEALTH. 

Adams, to William Jenks, George T. Water- 
man and Henry Wihiiarth, 15 days, ^18 75 



716 ACCOUNTS OF ASSESSORS. 

Auburn, to Abijah Craig, Nathan Muzzey and 

Lewis Eddy, 6 days, 
Ashby, to Silas Weatlierbee, Stephen Adams 

and Abraham Haskell, 3 days, 
Amesbury, to David French and Joshua Colby, 

5 days, 
Alford, to Chester Foot and Reuben C. Fitch, 

4 days, 
Athol, to Stillman Knowlton and Calvin Kelton, 

Jr., 4 days, 
Andover, to the Assessors, 16 days, 
Abington, to David Beal and Spencer Vining, 

9 days, 
Amherst, to James Kellogg and Chester Dick- 
enson, 16 days, 
Ashburnham, to Asahel Corey, Kilburn Har- 

wood and Charles Barrett, 6 days, 
Ashiield, to Chester Sanderson, Anson Bement 

and Isaac Taylor, 6 days, 
Attlcborough, to the Assessors, 12 days, 
Barre, to the Assessors, 7 days, 
Bernardston, to Adolphus Hale and Isaac Bur- 
rows, 4 days, 
Bridgevvater, to the Assessors, 4 days, 
Brookfield, to Parley Blanchard and Jesse 

Bliss, 10 days, 
Boxborough, to the Assessors, 3 days, 
Brewster, to Richard Harding, Samuel My rick 

and Nathan Sears, 12 days, 
Bedford, to Elbridge Bacon, 2 days, 
Bradford, to Jesse Kimball, Nathaniel Ladd 

and Jonathan Kimball, Jr., 6 days, 
Buckland, to Amos Shepard, John Porter and 

Joseph Hubbard, 4 days, 



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ACCOUNTS OF ASSESSORS. 717 

Boxfonl, to the Assessors, 6 days, 

Boston, to Eliphalet P. Hartshorn and James 

A. Smith, 120 dajs, 
Beverly, to Thotnas Whittredge, John Porter, 

2d., David Larean, Ed. Pousland and John 

Pickett, 10 days, 
Braintree, to Samuel French, 4th, Isaac Dyer 

and Minott Thayer, 15 days, 
Bellingham, to John Cook, 2d, Asa Pickering 

and Jeremiah Crooks, 5 days, 
Barnstable, to Henry Crocker, Nathaniel Hinck- 
ley and Samuel Pitcher, 14 days, 
Boylston, to William H. Moore, Nathaniel Dav- 
enport and Daniel Hartshorn, 5 days, 
Billerica, to Marshall Preston, 6 1-2 days, 
Becket, to Arvad Chapman, J. B. Williams and 

Stephen W. Carter, 12 days, 15 00 

Blandford, to Lyman Gibbs, Curtis Hall and 

Rowland Park, 6 days, 
Belchertown, to Justus Forward, 4 days, 
Chester, to William Shepard, Samuel Bell and 

Isaac Stevens, 6 days, 
Carver, to the Assessors, 5 days, 
Chelmsford, to the Assessors, 6 days, 
Cambridge, to William J. Whipple, Samuel S. 

Greene and Rufus Fisk, 7 days, 
Charlestown, to Timothy Fletcher, 10 days, 
Chelsea, to Willard Badger, Henry Slade and 

John Peirce, 6 days, 7 50 

Conway, to Charles E. Billings, James Phillips 

and William W. Billings, 9 days, 11 25 

Canton, to Abel Wentvvorth, 2 days, 2 50 

Chesterfield, to Isaac King, Horace Cole and 

John Hatch, 11 1-2 days, 14 38 



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718 ACCOUNTS OF ASSESSORS. 

Cheshire, to Samuel Smith, Stephen Northup 
and Stephen Wescott, Jr., 4 days. 

Concord, to Cyrus Stow, Daniel Clark and 
Isaac S. Lee, 10 days, 

Chatham, to Joshua Nickerson, Josiah Kend- 
rick and Nehemiah Doane, 4 1-2 days, 

Charlemont, to Alex. P. Maxwell, George Up- 
ton and A. Judd, Jr., 7 days, 

Coleraine, to Amos Bordwell, Stephen Shep- 
ardson and John Wilson, 12 days, 

Clarksburg, to Salah Clark, S days, 

Cummington, to Nathan Orcutt, Elisha Carj)en- 
ter and Elias Cobb, 6 days, 

Cohasset, to Thomas Bourne, Martin Lincoln 
and Laban Souther, 7 days, 

Dennis, to Thatcher Clark, Jonathan Nicker- 
son and Abijali Howes, 16 days, 

Danvers, to Joseph Tufts, Jr., Nathaniel Pope, 
Abel Nichols, Samuel Fowler and Eben Sut- 
ton, 12 1-2 days, 

Dracutt, to William F. Osgood, Ira Hall and 
Benja. Stevens, 6 days, 

Dudley, to Morris Lamed, Augustus Marcy 
and Allen Brown, 6 days, 

Dana, to Ebenezer Amsden, Reuben Sibley 
and Warren Smith, 4 1-2 days, 

Dover, to Sherman Battel and Lowell Perry, 3 
days, 

Dartmouth, to the Assessors, 16 days, 

Dighton, to the Assessors, 8 days, 

Dedham, to the Assessors, 17 days, 

Douglas, to the Assessors, 7 1-2 days, 

Dalton, to Caleb W. Ensign, Abijah Parks and 

David Smith, 8 days, 10 00 



$5 


00 


12 50 


6 


62 


. 8 


75 


15 


00 


3 


75 


7 


50 


8 


75 


20 


00 


15 


63 


7 


50 


7 


50 


5 


62 


3 


75 


20 


00 


10 


00 


21 


25 


9 


38 



ACCOUNTS OF ASSESvSORS. 719 



Duxbury, to Sylvanus Smith, Benj. Alden and 

J. F. Wadsworth, 12 days, 
Dorchester, to Joseph Clapp, 10 days, 
Deerfield, to Lemuel H. Russell, 5 days, 
Eastham, to Samuel Knowles, Michael Collins 

and David C. Atwood, 6 days, 
Erving's Grant, to Asa Fisher, Fordyce Alex- 
ander and Judah Nash, Jr., 3 days, 
Edgartown, to Grafton Norton, Benj. Davis, 

Jr. and John Coffin, 12 days, 
Essex, to the assessors, 10 days. 
East Bridgewater, to Martin Whiting, 4 days, 
Easton, to Lewis Williams, 8 days, 
Egremont, to Samuel Newman, chairman, 3 

days, 
Easthampton, to John Ludden, Jason Janes and 

Luther Clark, Jr., 3 days, 
Enfield, to James Richards, Isaac Hanks and 

Timothy Brainard, 9 days, 
Fitchburg, to Isaac B. Woodward, Levi Downe, 

Josiah Sheldon and Alpheus Boutell, lOdays, 
Florida, to Thomas Tower, Daniel Thayer and 

Levi N. Whitcomb, 5 days, 
Franklin, to Daniel Thurston, 10 days, 
Falmouth, to Daniel Swift, Timothy Nye and 

John Robinson, 12 days, 
Fairhaven, to Alfred Nye, Philemon Fuller, Jr. 

and Cyrus E. Clark, 21 days, 
Foxborough, to Henry Hobart and Ezra Car- 
penter, Jr., 3^ days, 
Fall River, David Anthony. Nathan Durfee and 

Joseph E. Reed, 20 days, 
Freetown, to Charles A. Morton, 12 days, 
92 



15 


00 


12 


50 


6 


25 


7 


50 


3 75 


15 00 


12 


50 


5 


00 


10 


00 


3 75 


3 


75 


11 


25 


12 


50 


6 


25 


12 


50 


15 


00 


26 25 


4 37 


25 


00 


15 


00 



720 ACCOUNTS OF ASSESSORS. 

Framingham, to Warren Nixon, Jonas Clayes 

and Ebenezer Stone, 9 days, 11 25 

Gloucester, to Alphonso Mason, I. W. Marshall, 

Ignatius Sargent, Epes Ellery and John 

Webber, 20 days, 
Goshen, to Emmons Putney, Francis Lyman 

and Selah Bardwell, 4 days, 
Gardner, to Amasa Leland, Smyrna W. Ban- 
croft and Benj. F. Heyvvood, 12 days, 
Greenfield, to John J. Peirce and Lemuel H. 

Long, 10 days, 
Grafton, to Luke Leland, 10 days, 
Greenwich, to John Northum, John Warner 

and Esic Dexter, 6 days, 
Gill, to Abel Lyons, E. F. Henry and John A. 

Tenney, 3 days, 
Groton, to John Boynton, Nathaniel Stone and 

Stephen Kendall, 10 days, 
Great Barringion, to Timothy Arnold and Au- 
gustine Giddings, 8 days, 
Granville, to Henry Clark, O. C. Baldwin and 

Justus Rose, Jr., 9 days, 
Hancock, to Gardner Smith, Gardner Eldridge 

and B. R. Goodrich, 5 days, 
Holden, to the assessors, 4 days, 
Holland, to John Dixon, David B. Dean and 

Adolphus Webber, 3 days, 
Hanson, to Joshua Smith, chairman, 6 days, 
Hamilton, to Samuel Story, George Dane and 

John Smith, Jr., 4^ days. 
Harvard, to Nathan Willard, Daniel Bobbins 

and Cephas Houghton, 5 days, 
Hardwick, to Ebr. Perry, W. Mandell and Ebr. 

Burt, Jr., 6 days, 



25 


00 


5 


00 


15 00 


12 


50 


12 


50 


7 


50 


3 


75 


12 


50 


10 


00 


11 


25 


6 


25 


5 


00 


3 


75 


7 


50 


5 


62 


6 


25 


7 


50 



ACCOUNTS OF ASSESSORS. 721 

Hubbardston, to Elisha Woodward, 4 days, 5 00 

Hinsdale, to Erastus Peirce, Daniel Eanies and 

John Cady, 6 days, 7 50 

Hopkinton, to Michael Homer, Daniel Eames 

and William Adams, 7 days, 8 75 

Haverhill, to Thomas Harding, Moses Merrill, 

Ebenezer Bailey and Moses George, 2d, 14 

days, 17 50 

Holliston, to James Cutler and Alden Leland, 

9 days, 11 25 

Hadley, to Sylvester Smith and Elijah Smith, 

5J days, 6 87 

Hanover, to Samuel Eeils and Joseph Brooks, 

8 days, 10 00 

Hingham, to Francis G. Ford, David Fearing 

and Oliver Cushing, 18 days, 22 50 

Harwich, to Isaac Kelly, Amasa Nickerson and 

Nathaniel Doane, 6 days, 7 50 

Heath, to Winslow Buck, 6 days, 7 50 

Halifax, to Jabez P. Thompson and Ward 

Thompson, 4 days, 5 00 

Hull, to the assessors, 3 days, 3 15 

Ipswich, to Nathaniel Scott, Jeremiah Lord 

and George Haskell, 9 days, 11 25 

Kingston, to Nathaniel Faunce and Asaph 

Holmes, 6 days, 
Lanesborough, to Stoddard Hubbell, 8 days, 
Lenox, to Charles Mattoon, Henry H. Cook 

and Amos S. Washburn, 6 days, 
Lincoln, to George Russell, 4 days, 
Lynnfield, to Joshua Hewes, John Perkins, Jr. 

and Daniel Mansfield, 3 days, 
Leominster, to Solon Carter, James H. Carter 

and Abel Bowers, 12 days, 



7 


50 


10 


00 


7 


50 


5 


00 


3 


75 


15 


00 



722 ACCOUNTS OF ASSESSORS. 

Lexington, to Isaac Mulliken, James Brown 
and Charles Tidd, 4 da^'s, 

Ludlow, to Washington B. Alden, Henry Ful- 
ler and John Miller, 4 days, 

Lowell, to J. H. B. Ayer, Jesse Fox and Ha- 
zen Elliott, 30 days, 

Lee, to the assessors, 6 days, 

Littleton, to Cephas Hartwell, 4 days, 

Lancaster, to Silas Thurston, Jr., Anthony 
Lane and Charles Atherton, 12 days, 

Leyden, to Ezra Foster, Jabez Babcock. and 
Jesse Henry, 3 days, 

Leverett, to Joel Codding, Ransoni Adams and 
Isaac Woodbury, 6 days, 

Lynn, to Josiah Newhall, Samuel Neal, Jona- 
than Buffum, Joseph A. Lloyd and J. Bach- 
eller, 10 days, 

Lunenburg, to Daniel Low, Jr., 2 days, 

Millbury, to Simeon Waters, D. B. Sibley and 
Job Gorton, 9 days, 

Monson, to Justin Goodwill, Austin Fuller and 
Calvin Munn, 1 1 days, 

Marblehead, to F. G. Selman, Nathaniel Lind- 
sey, Jr. and Benjamin Brown, 18 days, 

Methuen, to William Swan, Josiah G. White 
and Miles F. Griffin, 15 days, 

Marshfield, to Edward P, Little, Eleazer Har- 
low and Samuel Curtis, 6 days, 

Medway, to Christopher Slocom, chairman, 8 
days. 

Maiden, to Nathan Upham, Lemuel Cox and 
Charles Lewis, 8 days, 

Medford, to Nathan Adams, John P. Clisby and 
James W. Brooks, 10 days, 



5 


00 


5 


00 


37 


50 


7 


50 


5 


00 


15 


00 


3 


75 


7 


50 


12 


50 


2 


50 


11 


25 


13 75 


22 


50 


18 


75 


7 


60 


10 


00 


10 


00 


12 


50 



ACCOUNTS OF ASSESSORS. 723 

Mendon, to Edwin D. Sargent, Johnson Legg 

and Samuel Allen, 20 days, 25 00 

Medfield, to Hinsdale Fisher, Samuel Johnson 

and Seth Chenery, 4 days, 6 00 

Milford, to Isaac Davenport, 4 days, 5 00 

Middleborough, to Bradford Harlow, 20 days, 25 00 

Montgomery, to Oren Parks, Ransom Clark and 

Nathan Hutchinson, 4 days, 5 00 

Manchester, to J. W. Allen, Israel F. Tappaa 

and A. P. Crowell, 8 days, 10 00 

Mansfield, to Edward Kingman, Ebenezer Wil- 
liams and Warren Cobb, 10 days, 12 50 

North Brookfield, to Homer R, Prouty, chair- 
man, 9 days, 1 1 25 

Northbridge, to Samuel Fletcher and Ollis 

Batcheller, 4 days, 5 00 

Newburyport, to Jacob Stickney, Jr., John 

Moody and Moody Pearson, 21 days, 26 25 

Norwich, to A. B. Dimock, Harmon Stanton 
and Washington Stevens, 4 days, 

Northampton, to Oliver Warner, 16 days, 

New Marlborough, to Cromwell Walter, 4 days. 

New Ashford, to Nathaniel Harmon, Samuel 
Angell and Francis Jordan, 4 days, 

Nantucket, to George M. Bunker, 23 days, 

North Bridgewater, to Albert Smith, N. H. 

Cross and Isaac Eames, 12 days, 15 00 

Needham, to Thomas Kingsbury, Asa Kingsbu- 
ry and Elisha Lyon, 6 days, 7 50 

Newbury, to B. W. Hale, Josiah Little and 

Moses Dale, 12 days, 15 00 

Northborough, to HoUen Maynard, 4 days, 5 00 

New Salem, to Daniel Felton, 2J days, 3 }% 



5 


00 


20 


00 


5 


00 


5 


00 


28 


75 



724 ACCOUNTS OF ASSESSORS. 

Norton, to Cromwell Leonard, Simeon Blandin 

and L. Hodges. Jr., 12 days, 15 00 

New Bedford, to Benj. T. Congdon, 50 dajs, 62 50 

Newton, to Lemuel Crehore, 3 days, 3 75 

Natick, to O. Bacon, T. F. Hammond and 

Charles Bigelow, 6 days, 7 50 

Orleans, to John Kenrick, Elisha Cole and Ed- 
mund Crosby, 9 days, 

Oakham, to James Allen, chairman, 2 days, 

Orange, to Otis Brooks, 2^ days, 

Otis, to E. Kingsley, E. P. Norton and A. 
Judd, 3 days, 

Oxford, to the assessors, 6 days, 

Princeton, to the assessors, 6 days, 

Pittsfield, to Abel West and R. C. Cogswell, 
20 days, 

Plympton, to the assessors, 9 days. 

Petersham, to Josiah Wheeler, Josiah White 

and Henry Brooks, 6 days, 7 50 

Plainfield, to Stephen Gloyd and Robert Reals, 
6 days, 

Pawtucket, to the assessors, 4 days, 

Pembroke, to the assessors, 8 days, 

Paxton, to Tyler Goddard, Homer Chase and 
Isaac Bellows, 4^ days, 

Provincetown, to John iVtkins, Ebenezer At- 
kins and Gamaliel Collins, 6 days, 

Palmer, to James Gam well, Charles Shaw and 
Horace Hunn, 10 days, 

Phillipston, to Martin Richardson, Marvin Wes- 
son and Pliny P. Gould, 4 days, 

Plymouth, to Ephraim Harlow, 18 days, 

Peru, to E. Rockwell, Levi Peirce and Daniel 

Watkins, 3 days, 3 75 



11 


25 


2 


50 


3 


12 


3 


75 


7 


50 


7 


50 


25 


00 


11 


25 



7 


50 


5 


00 


10 


00 


5 


63 


7 


50 


12 


50 


5 


00 


22 


50 



ACCOUNTS OF ASSESSORS. 725 

Quincy, to Lewis Bass, Ebenezer Jewett and 

James Newcomb, 13 days, 
Rutland, to Calvin G. Howe, Miles Demond 

and Charles Bartlett, 7 days, 
Rowley, to Edward Smith, Charles Hills and 

Thurlew, 13 days, 
Rochester, E. Holmes, I. W. Church, L. Snow, 

I. Cushing and A. Southwick, 10^ days, 
Raynham, to Ziba Wilbur, Job Robinson and 

Amos Hall, 7 days, 
Randolph, to Samuel Thayer, 2d, and Zenas 

French, Jr., 8 days, 
Richmond, to George W. Kniffin, chairman, 6 

days, 
Rehoboth, to Cyrus M. Wheaton, 8 days, 
Rowe, to John Thomas and James Ford, 6 days, 
Royalston, to Salmon Goddard, Russell Morse 

and Arba Sherwin, 9 days, 
Russell, to Jere Bishop and Chauncy W. Morse, 

4 days, 
Reading, to Ebenezer D. Batchelder, Caleb 

Wakefield and David Upton, lOJ days, 
Southampton, to Theodore Strong, William S. 

Rogers and Stephen Strong, 8 days. 
South Reading, to Lilley Eaton, Noah Smith 

and Benjamin Emerson, 12 days, 
Sterling, to John Springer, Thomas Wright and 

Cyrus Holbrook, 6 days, 
Southbridge, to Oliver Hooker and Adolphus 

M. Cheney, 10 days, 
Springfield, to Waiter H. Bovvdoin, William 

Child, D. M. Bryant and Theodore Bliss, 16 

days, 20 00 



16 


25 


8 


75 


16 


25 


13 


12 


8 


75 


10 


00 


7 


50 


10 


00 


7 


50 


11 


25 


5 


00 


13 


12 


10 


00 


15 


00 


7 


50 


12 


50 



726 ACCOUNTS OF ASSESSORS. 

Sheffield, to H. L. Warner, O. Bartholomew 
and J. Shears, 6 days, 

Sturbridge, to Edward Phillips, Pliney Free- 
man and Seneca Richardson, 6 days, 

Southwick, to Sardis Gillit and Jos. M. For- 
ward, 5 days, 

Sharon, to Samuel D. Hixon, 9^ days, 

Salem, to Samuel Holman, James Ropes and 
Jonathan Perley, 70 days, 

Seekonk, to Lewis Walker, Simeon Walker 
and Jesse Medbury, 6 days, 

Stockbridge, to A. Bennet, D. Barns and S. 
Churchill, 6 days, 

Shirley, to the Assessors, 6 days, 

Shrewsbury, to the Assessors, 5 days, 

Sutton, to Joshua Armsby, E. J. Mills and Sil- 
vanus Putnam, 12 days, 

Somerset, to Gideon Chase and Preserved 
Read, 5 days, 

Sandwich, to J. B. Dillingham, Charles Nye 
and Joseph Hoxie, 3d, 9 days, 

Southborough, to Willard Newton, Larkin New- 
ton and Jonas Bull, 6 days, 

Stoughton, to Joel Talbot, JO days, 

Stow, to Abraham Whitcomb, Moody Tenney 
and Ephraim Hale, 6 days, 

Spencer, to William Baldwin, Daniel Capen 
and Jacob Wilson, 3 days, 

Shelburne, to James Anderson and Apollos Bar- 
nard, 6 days. 

South Hadley, to William Bowdoin, Alpheus 
Ingram and Moses Montague, 9 days, 

Swansey, to Daniel Edson, James Cornal and 
Timothy P. Luther, 7 days. 



7 


60 


7 


60 


6 


25 


11 


88 


87 


60 


7 


60 


7 


60 


7 


60 


6 


26 


16 00 


6 


26 


11 


26 


7 


60 


12 60 


7 


60 


3 


76 


7 


60 


11 


26 


8 


76 



ACCOUNTS OF ASSESSORS. 727 

Sherburne, to Daniel Leland 2d and Amos Hill, 

4 days, 5 00 

Scituate, to Ebenezer T. Fogg, T. J. Bailey 

and Justin Litchfield, 6 days, 
Sandisfield, to Erastus Beach, 4 days, 
Salisbury, to Henry M. Brown and Enoch 

Fowler, 8 days, 
Savoy, to William lngrah<^m, Melvin Bowker 

and Bradish Dunham, 6 days, 
Sudbury, to E. Moore, John Jones, and A. B. 

Jones, 8 days, 
Taunton, to Calvin Mirick, J. A. Carver and 

Ichabod Lincoln, 37 days, 
Tyringham, to J. D, Bidweli, Nathaniel Hub- 
bard and R. C. Furgo, 4 days, 
Truro, to Jonah Stevens, John Kenney and 

Jedediah Shed, 6 days, 
Templeton, to Joseph Upham, John Sawyer, 

Jr. and Joshua Hosmer, 6 days, 
Tyngsboro', to Simon Thomson, William Blod- 

get, Jr. and Timothy Butterfield, 6 days, 
Townsend, to Joel Adams, E. Davis and Levi 

Ball, 6 days, 
Tolland, to George W. Granger, Leonard 

Cowles and Lyman Twining, 5 days, 
Topsfield, to N. Conant, 2J days, 
Uxbridge, to Joseph Day, 6 days, 
Upton, to Nahum W. Holbrook, Chairman, 6 

days, 
Weymouth, to the Assessors, 16 days, 
Worthington, to A. Burr, J. Phillips and C. B. 

Rising, 6 days, 
Webster, to the Assessors, 4 days, 
93 



7 


50 


5 


00 


10 


00 


7 


50 


10 


00 


46 


25 


5 


00 


7 


50 


7 


50 


7 


50 


7 


50 


6 


25 


3 


12 


7 


50 


7 


50 


20 00 


7 


50 


5 


00 



728 ACCOUNTS OF ASSESSORS. 

Wendell, to J. Whitaker, Ivers Benjamin and 

William L. Bent, 3 days, 3 75 

Westport, to Frederick Brownell, Jonathan 

Davis and Daniel Gifford, 15 dajs, 
West Boylston, to the Assessors, 6 days, 
Worcester, to Isaac Davis, Timothy Keith and 

Lewis Bigelow, 17 days, 
Wellfleet, to C. Hamblen, Thomas Higgins and 

Caleb Lobard, 4 days, 
Weston, to Benjamin James, L. W. Gushing 

and Samuel Hobbs, 6 days, 
Woburn, to Cyrus Bancroft, S. T. Richardson 

and Gyrus Thompson, 7 days, 
Whately, to Calvin Wells, Hiram Smith and 

J. C. Sanderson, 7^ days, 
Westfield, to A. B. Whitman and Lucius 

Wright, 7 days, 
Wilbraham, to William V. Sessions, chairman, 

5 days, 
Westminster, to Flint M'Intire, John Jackson 

and Theodore Whitney, 9 days, 
Winchendon, to Ephraim Murdock and James 

MTlwain, 4 days, 
Wareham, to William Bates, William S. Fear- 
ing and Simeon Morse, 8 days, 
Wilmington, to Levi Parker, Jonathan Carter 

and James Go wing, 4 days. 
West Newbury, to the Assessors, 6 days, 
Waltham, to Luke Fiske, Nathaniel Stearns 

and Thomas Miller, 12 days, 
West Cambridge, to David Dodge, Isaac Locke 

and Benjamin Hill, 4 days. 
West Springfield, to Lester Williams, A. Bagg, 



18 


75 


7 


50 


21 


25 


5 


00 


7 


50 


8 


75 


9 


06 


8 


75 


6 


25 


11 


25 


5 


00 


10 


00 


5 


00 


7 


50 


15 


00 


5 


00 



ACCOUNTS OF ASSESSORS. 729 

2d, Willard Ely, Samuel Noble and I. John- 
son, 10 dajs, 
Warwick, to Abijah Eddy, J. Leiand and Ira 

Draper, 6 days, 
Windsor, to Asa H. Capen, Samuel Dawes, Jr. 

and Alvah Prince, 6 days. 
West Bridgewater, to Nahum Snell, 3 days, 
Warren, to Pardon Allen, Chairman, 5 days, 
Westhampton, to Jesse Lyman, Ralph Clapp 

and Almon B. Ludden, 3 days, 
Westford, to Henry A. Prescott, 3 days. 
Ware, to Leonard Gould and Royal Bosworth, 

8 days, 
Williamsburg, to Leonard Dwight, John Wells 

and S. H. Clapp, 9 days, 
West Stockbridge, to Abraham Rees, Daniel 

Spencer and Morris Ward, 8 days, 
Westboro', to Nahum Fisher, Jonas Longley 

and Elijah Morse, 5 days, 
Walpole, to Palmer Morey, Lemuel Allen and 

Nathaniel Bird, 9 days, 
Watertown, to William May, William Stone 

and Marshall S. Fowle, 9 days, 
Wenham, to Samuel Conant, 2 days, 
Williamstown, to James Corbin, Willard Hall, 

and A. B. Cole, 12 days, 
Washington, to John S. Noble, 3 days, 
Yarmouth, to James Matthews, \. Sherman and 

Samuel Thacher, 18 days, 

The sum total of the foregoing Roll is two 
thousand nine hundred one dollars and fifty- 
three cents, ^901 53 



12 


50 


7 


50 


7 


50 


3 


75 


6 


25 


3 


75 


3 


75 


10 


00 


11 


25 


10 


00 


6 


25 


11 


25 


11 


25 


2 50 


15 


00 


3 


75 


22 


50 



730 D. L. PICKMAN AND OTHERS. 



CHAP. LVl. 

Resolves for the better protection of the State House 
against fire, and the preservatioii of the files and docu- 
ments therein. 

April 10, 1838. 

Resolved, That the Committee on Public Buildings be 
instructed to c;mse to be erected two cisterns, one to be 
placed in the dome of the State House, and the other in 
the cellar, and both to be furnished with such pipes and 
conductors as may be necessary to fill said cisterns with 
water, and to make use of the same for extinguish- 
ing fire in the building. 

Resolved, That said Committee be authorized to en- 
large, and fit up the lobby in the entry, between the Rep- 
resentatives Hall and Council Chamber in such manner 
as shall be directed by the clerk of the House for the 
preservation and convenient use of the records and files 
of the House of Representatives. 

Resolved, That His Excellency the Governor be au- 
thorized to draw his warrant for the payment of expen- 
ses arising under the foregoing resolves, the accounts 
therefor first being audited. 

CHAP. LVH. 

A Resolve upon the petition of Dudley L. Pickman and 
others for leave to sell lands held by them in trust. 

April 12, 1838. 

Resolved, for reasons set forth in said petition, that 
Dudley L. Pickman and Leverett Saltonstall, as surviving 



ZACHEUS FULLER. 731 

trustees named in the last will and testament of Simon 
Forrester, late of Salem, deceased, be, and they hereby 
are authorized to sell and convey so much of the real 
estate devised to them in trust as is now in the occupa- 
tion of Gideon Barstow, and is fully described in the 
petition aforesaid ; and to hold the proceeds of such sale 
in trust for the same uses and purposes as they now hold 
said real estate, and none other : provided, that before 
making such sale they shall file, in the probate office of 
the county of Essex, a bond with sufficient sureties, to 
the acceptance of the judge of probate for said county, 
conditioned for the faithful execution of the above au- 
thority, and for the faithful accounting for the proceeds 
of such sales, in the said probate office, within three 
months after making the same. 

CHAP. LVIIL 

Resolve on the petition of Thomas F. Chase. 

April 12, 1838. 

Resolved, That for reasons set forth in his petition, 
there be allowed and paid, out of the treasury of this 
Commonwealth, to Thomas F. Chase, the sum of ninety 
dollars and twenty-five cents ; and that a warrant be 
drawn therefor. 



CHAP. LIX. 
Resolve on the petition of Zacheus Fuller. 
April 13, 1838. 
Resolved, for reasons set forth in said petition, that 



732 STATE PRISON WORKSHOPS. 

there be allowed and paid, out of the treasury of the 
Commonwealth, to Zacheus Fuller, the sum of fifty dol- 
lars, in full for services rendered by him during the 
revolutionary war ; and that a warrant be drawn therefor. 

CHAP. LX. 

Resolve for compensating the Agent of the Massachusetts 

Claim. 

April 17, 1838. 

Resolved, That the sum of thirteen hundred dollars be 
hereby appropriated on account of the expenses of the 
Agent of this Commonwealth for the prosecution of the 
claim of this State before the proper officers of the United 
States, appointed under a Resolve of April third, one 
thousand eight hundred and thirty-five ; and his Excel- 
lency the Governor, with the advice of council, is re- 
quested from time to time to draw his warrants on the 
treasury for such sums, not exceeding in the whole the 
amount aforesaid, as shall be necessary for the prosecu- 
tion of said claim. 

CHAP. LXI. 

Resolve concerning the erection of Workshops within the 
limits of the State Prison. 

April 17, 1838. 

Resolved, That the Warden of the State Prison, by 
consent of the inspectors thereof, be allowed and author- 
ized to use, out of the funds of the prison, any sum not 
exceeding five thousand dollars, for the erection of a work- 
shop or workshops within the limits thereof. 



MOSES BLOOD. 733 



CHAP. LXII. 

Resolve to pay the expenses of a Committee of the Legis- 
lature, incurred in visiting the State Lunatic Hospital 
at Worcester. 

April 17, 1838. 

Resolved, That there be allowed and paid, out of the 
treasury of the Commonwealth, for expenses incurred in 
visiting the State Lunatic Hospital, at Worcester, as a 
Committee of the Legislature, to Thomas Kinnicutt, 
four dollars ; to Jeremiah Spofford, six dollars and fifty 
cents; to Edward Brooks, five dollars and fifty cents; 
to John Porter, seven dollars and seventy-five cents ; and 
to William Watson, six dollars and fifty cents ; and that 
a warrant be drawn accordingly. 



CHAP. LXIII. 

Resolve on the petition of Moses Blood. 

April 17, 1838. 

Resolved, for reasons set forth in the said petition, 
that there be allowed and paid, out of the treasury of 
this Commonwealth, to Moses Blood, of Pepperell, an 
aged soldier of the revolution, fifty dollars annually, 
during his natural life, the first payment to be made on 
the first day of May next ; and the Governor, with 
advice of Council, is requested to draw his warrant ac- 
cordingly. 



734 RIGHT OF PETITION. 

CHAP. LXIV. 

Resolve on the petition of the Herring Pond Indians. 
April 17, 1838. 

Resolved^ for reasons set forth in said petition, that 
there be allowed and paid, out of the treasury of this 
Commonwealth, to the Commissioner of Marshpee, the 
sum of two hundred dollars, for the purpose of erecting 
a school-house for said Indians ; the same to be expended 
under the direction of said commissioner, and to be ac- 
counted for to the Governor and Council ; and his Ex- 
cellency the Governor is hereby authorized to draw his 
warrant accordingly. 

CHAP. LXV. 

Resolve to pay the Chaplains of the Legislature. 
April 17, 1838. 

Resolved^ That there be allowed and paid, out of the 
treasury of this Commonwealth, to the Chaplain of the 
Senate, and to the Chaplain of the House of Represent- 
atives, the sum of sixty dollars each ; and that warrants 
be drawn accordingly. 

CHAP. LXVI. 

Resolves on the Right of Petition. 
April 17, 1838. 
Whereas the House of Representatives of the United 



RIGHT OF PETITION. 735 

States did, on the twenty-first day of December last, 
adopt the following resolution, to wit : 

'''^ Resolved, That ail petitions, memorials and papers 
touching the abolition of slavery, or the buying, selling or 
transferring of slaves, in any state, district or territory of 
the United States, be laid upon the table, without being 
debated, printed, read or referred, and that no further ac- 
tion shall be had thereon." And whereas the said reso- 
lution is a virtual denial of the right of petition, which 
results from the very nature of our government, and is 
secured by the Constitution of the United States, and is 
also subversive of the freedom of debate ; and whereas, by 
force of the said resolution, the respectful memorials of 
many worthy citizens of this Commonwealth, and of 
other States, asking for the redress of a grievance, over 
which Congress has exclusive control, as well as the re- 
solves of the Legislature of this Commonwealth, have 
been deliberately slighted and contemned, and the voice 
of Massachusetts, through her representatives in Con- 
gress, has been silenced ; — therefore, 

Resolved, That we, the Senate and House of Repre- 
sentatives of the Commonwealth of Massachusetts, in 
General Court assembled, do, in the name of ihe people 
thereof, solemnly protest against the said resolution, as 
an assumption of power ; in violation of the spirit of the 
Constitution of the United States; subversive of the fun- 
damental principles of our free institutions ; at war with 
the prerogatives of the people ; destructive of the rela- 
tions between them and their Representatives ; deroga- 
tory to the dignity and rights of the States, and danger- 
ous to the Union. 

Resolved, That our Senators and Representatives in 
Congress, in their earnest and united assertion and de- 
fence of the right of petition, and freedom of debate, 
94 



736 WILLIAM FAIRBANKS. 

against the attacks and assumptions of unauthorized pow- 
er, deserve and have the continued and cordial approba- 
tion of the people of this Commonwealth. 

Resolved, His Excellency the Governor be requested 
to forward a copy of these Resolves to each of our Sena- 
tors and Representatives in Congress, with a request that 
the same may be laid before that body. 



CHAP. LXVII. 

Resolves concerning the Militia. 
April 19, 1838. 

Resolved, That the Governor, with the consent of the 
Council, is hereby authorized to appoint five persons to 
constitute a Board of Commissioners, to report to the 
next Legislature such a revision of the laws for the or- 
ganization and discipline of the Militia, as they shall 
deem expedient. 

Resolved. That the compensation to each commission- 
er shall be three dollars a day, and one dollar for each 
ten miles travel to and from their several places of abode : 
provided, that no commissioner shall receive, for his ser- 
vices, more than ninety dollars in the whole, exclusive of 
his fees for travel ; and the Governor is authorized to 
draw his warrant on the treasury accordingly. 

CHAP. LXVIII. 

A Resolve on the petition of William Fairbanks, 
April 19, 1838. 
Resolved, That there be allowed and paid, out of 



TEACHERS FOR COMMON SCHOOLS. 737 

the treasury of the Comriionwealih, to William Fair^ 
banks, fifty dollars, in full for services rendered by hina 
during the revolutionary war ; and that a warrant be 
drawn therefor. 



CHAP. LXIX. 

Resolve relating to the Archives of the Commonwealth. 

April 19, 1838. 

Resolved, That the sum of two thousand dollars is 
hereby appropriated to be expended by the Secretary of 
the Commonwealth, under direction of his Excellency 
the Governor, in providing for the preservation and secu- 
rity of the papers and documents in the archives of the 
Commonwealth ; and that a warrant be drawn according- 
ly. And the Secretary of the Commonwealth is hereby 
instructed, under direction of his Excellency the Gov^ 
ernor, to prepare and submit to the next Legislature a 
detailed description of the books, manuscripts and docu- 
ments in the public archives. 

CHAP. LXX. 

Resolves relative to qualifying Teachers for Common 

Schools. 

April 19, 1838. 

Whereas by a letter from the Honorable Horace 
Mann, Secretary of the Board of Education, addressed, on 
the twelfth of March current, to the President of the 
Senate and the Speaker of the House of Representatives, 



738 NORTH-EASTERN BOUNDARY. 

it appears, that private munificence has placed at his dis- 
posal the sum of ten thousand dollars to promote the cause 
of popular education in Massachusetts, on condition that 
the Commonwealth will contribute, from unap{)ropriated 
funds, the same amount in aid of the same cause ; the two 
sums to be drawn upon equally, from time to time, as need- 
ed, and to be disbursed under the direction of the Board 
of Education in qualifying teachers for the common 
schools ; therefore, 

Resolved, That his Excellency the Governor is hereby 
authorized, by and with the advice and consent of the 
Council, to draw his warrant upon the Treasurer of the 
Commonwealth, in favor of the Board of Education, for 
the sum of ten thousand dollars, in such instalments and 
at such times as said Board may request : provided, that 
said Board, in their request, shall certify, that the Secre- 
tary of said Board has placed at their disposal an amount 
equal to that for which such application may be made by 
them ; both sums to be exj)ended, under the direction of 
said Board, in qualifying teachers for the common schools 
in Massachusetts. 

Resolved, That the Board of Education shall render an 
annual account of the manner in which said moneys have 
been by them expended. 



CHAP. LXXI. 

Resolves concerning the North-eastern Boundary. 

April 19, 1838. 

Resolved, That the claim of Great Britain to all the 
territory in the State of Maine, lying north of Mars Hill 
and the tributary waters of the Penobscot, is totally in- 



NORTH-EASTERN BOUNDARY. 739 

consistent with the treaty of peace of seventeen hundred 
and eighty-three ; and will, if persisted in, inevitably 
tend to disturb the friendly relations now subsisting be- 
tween that government and the government of the United 
States. 

Resolved, That no power delegated by the Constitu- 
tion to the Government of the United States authorizes 
them to cede to a foreign nation any territory lying with- 
in the limits of either of the States in the Union. 

Resolved, That the proposition made by the late Ex- 
ecutive of the United States to the British Government, 
to seek for " the highlands '* west of the meridian of the 
source of the river St. Croix, is a departure from the 
express language of the treaty of peace ; an infringement 
of the rights of Massachusetts and Maine, and as its con- 
summation involves a cession of State territory, is in 
derogation of the Constitution of the United States. 

Resolved, That the proposition recently made by the 
present National Executive to the Government of Maine, 
to substitute a "conventional line" for the line described 
in the treaty, is calculated to strengthen the claim of Great 
Britain, impair the honor of the United States, and put 
in jeopardy the interest of Massachusetts and Maine. 

Resolved, That Congress be requested to cause the 
North-eastern section of Maine to be speedily explored, 
and the boundary line described in the treaty to be estab- 
lished. 

Resolved, That his Excellency the Governor be re- 
quested to transmit a copy of these resolves and the ac- 
companying report to the Executive of the United States, 
and of the several States ; and also to each of our Sena- 
tors and Representatives in Congress, with a request that 
they use all honorable means to bring this protracted con- 
troversy to a just and speedy termination. 



740 COUNTY TAXES. 

CHAP. LXXII. 

A Resolve granting Taxes for the several Counties. 
April 21, 1838. 

Whereas the treasurers of the followins: 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 placed against the names of 
the several counties, in the following schedule, are hereby 
granted as a tax for each county respectively to be appor- 
tioned, assessed, paid, collected and applied for the pur- 
poses aforesaid, according to law, viz. The County of 
Middlesex, thirty thousand dollars, County of Essex 
twenty-five thousand dollars. County of Worcester twenty- 
five thousand dollars. County of Hampshire six thousand 
dollars, County of Hampden eight thousand dollars. Coun- 
ty of Franklin eight thousand dollars. County of Berk- 
shire twelve thousand dollars. County of Norfolk eleven 
thousand dollars. County of Bristol eighteen thousand 
dollars. County of Plymouth twelve thousand dollars. 
County of Dukes County two thousand five hundred dol- 
lars, County of Barnstable six thousand dollars. 



J 



SURVEY OF THE STATE. 741 

CHAP. Lxxni. 

Resolves concerning the Survey of the State^ 
April 21, 1838. 

Resolved^ That the sum of thirty-eight hundred and 
fifty dollars be appropriated to defray the expense of 
completing the triangulalion of the State, and of project- 
ing the map in conformity with the resolve of March first, 
eighteen hundred and thirty ; and that warrants be drawn 
therefor accordingly 

Resolved^ That the several towns, to which the late 
unincorporated lands have been or may be by law attach- 
ed, be required to return to the office of the Secretary of 
State, on or before the first day of October next, a survey 
of such portions of previously unincorporated lands as 
may have been set off to such towns respectively, under 
the like conditions, and in the same manner as the several 
towns in the Commonwealth were required to return sur- 
veys to the Secretary's office, by the resolves of March 
first, eighteen hundred and thirty; and that his Excellen- 
cy the Governor be authorized to cause a survey to be 
made of the Elizabeth Islands, and any other portion of 
the Commonwealth, for the survey of which no other pro- 
vision has been made. 

Resolved, That whenever it shall be made to appear 
to the Governor, by the engineer employed to project the 
map, that the survey of any of the cities or towns of the 
Commonwealth, executed and returned to the office of 
the Secretary of State, in virtue of the resolves of March 
first, eighteen hundred and thirty, is, m whole or in part, 
too incorrect to be safely followed in constructing the 
map, the Governor may cause the same to be certified to 



742 SLAVERY AND SLAVE TRADE. 

the town or city, whose duty it shall then be forthwith 
to cause to be executed a new survey, in whole or in 
part, as required by the engineer, in like manner as the 
original survey was directed to be made and returned to 
the office of the Secretary of State, in virtue of the re- 
solves aforesaid. 

Resolved^ That the engineer employed to construct the 
map, be authorized to take into his custody, and to keep 
so long as may be necessary for the discharge of his duty, 
and no longer, the plans of the various rail-roads in the 
Commonwealth, deposited in the offices of the clerks of 
the County Commissioners, to be returned uninjured to 
their respective places of deposit. 

Resolved^ That the sum of three thousand dollars be 
appropriated to complete the scientific surveys authorized 
by the resolve of the Legislature of the twelfth of April, 
eighteen hundred and thirty-seven ; and that warrants be 
drawn therefor accordingly. 

CHAP. LXXIV. 

Resolves relating to Slavery and the Slave Trade in 
the District of Columbia and Territories of the United 
States, 

April 23, 1838. 

Resolved, That Congress has, by the Constitution, 
power to abolish slavery and the slave trade in the Dis- 
trict of Columbia, and that there is nothing in the terms 
or circumstances of the acts of cession by Virginia and 
Maryland, or otherwise, imposing any legal or moral re- 
straint upon its exercise. 

Resolved, That Congress ought to take measures to 
effect the abolition of slavery in the District of Columbia. 



SLAVE TRADE BETWEEN STATES. 743 

Resolved, That the rights of humanity, the claims of 
justice, and the common good, alike demand the sup- 
pression, by Congress, of the slave trade, carried on in 
and through the District of Columbia. 

Resolved, That Congress tias, by the constitution, 
power to abolish slavery in the territories of the United 
States. 

Resolved, That his Excellency the Governor be re- 
quested to forward a copy of these resolves to each of 
our Senators and Representatives in Congress. 



CHAP. LXXV. 

Resolves relating to the admission of new States into the 

Union. 

April 23,1838. 

Resolved, That no new state should hereafter be ad- 
mitted into the Union, whose constitution of government 
shall permit the existence of domestic slavery therein. 

Resolved, That his Excellency the Governor be re- 
quested to forward a copy of these resolves to each of 
our Senators and Representatives in Congress. 



CHAP. LXXVI. 

Resolves relating to the Slave Trade between the States. 
April 23, 1838. 

Resolved, That Congress has, by the constitution, 
power to abolish the traffic in slaves between different 
states of the Union. 
95 



744 NATHANIEL EMMES. 

Resolved, That the exercise of this power is demanded 
by the principles of humanity and justice. 

Resolved, That his Excellency the Governor be re- 
quested to forward a copy of these resolves to each of our 
.Senators and Representatives in Congress. 



CHAP. Lxxvn. 

Resolve authorizing the Adjutant General to employ an 
additional Clerk. 

April 23, 1838. 

Resolved, That the Adjutant General be hereby au- 
thorized to employ an additional clerk, when the neces- 
sity of the case shall so require ; the compensation not to 
exceed that allowed to additional clerks in the Secretary's 
and Treasurer's offices ; and that the Governor, with the 
consent of Council, be authorized to draw a warrant on 
the treasury therefor. 



CHAP. Lxxvni. 

Resolve on the petition of Nathaniel Emmes. 

April 24, 1 838. 

Resolved, for reasons set forth in the said petition, that 
there be allowed and paid, out of the treasury of this 
Commonwealth, to Nathaniel Emmes, of Boston, the 
sum of fifty dollars annually, during his life, the first pay- 
ment to be made on the first day of May next ; and that 
warrants be drawn accordingly. 



PETER N. W. DAYERS. 745 



CHAP. LXXIX. 

Resolve for the purchase of the Journals of the British 

Parliament. 

April 24, 1838. 

Resolved, That the sum of three hundred dollars be 
allowed and paid, out of the treasury, for the purchase of 
the Journals of the British Parliament, for the public li- 
brary ; and that a warrant for the same be drawn accord- 
ingly. 



CHAP. LXXX. 

Resolve on the petition of Peter N. W. Dayers. 

April 24, 1838. 

Resolved, for reasons set forth in said petition, that 
there be allowed and paid, out of the treasury of the 
Commonwealth, to Peter Nicholas William Dayers, the 
sum of five thousand two hundred and sixty dollars sev- 
enty-six cents, being the amount received by the Attor- 
ney General, on behalf of the Commonwealth, from the 
administrator of the estate of the late Gerard Dayers, 
M. D., and by him paid into the treasury; and that a 
warrant be drawn for the same accordingly, in favor of 
the said petitioner, or of his lawful attorney. 



746 PAY OF BANK COMMITTEE. 



CHAP. LXXXI. 

Resolve to authorize the Secretary and Treasurer of the 
Commonwealth to employ additional Clerical assistance. 

April 24, 1838. 

Resolved, That the Secretary and Treasurer of the 
Commonwealth be authorized to employ, from time to 
time, such clerical assistance, in addition to their perma- 
nent clerks, as may be necessary for the despatch of the 
public business. 



CHAP. LXXXH. 

Resolve to pay certain persons employed by the Committee 
on the Commonwealth Bank. 

April 24, 1838. 

Resolved, That there be allowed and paid, out of the 
treasury of the Commonwealth, to James Swan, the sura 
of thirty dollars ; to E. T. Lobdell, the sum of nine dol- 
lars ; to Ashur Adams, the sum of twelve dollars; to 
Thomas W. Colburn, the sum of twenty dollars ; to Al- 
bert Fitz, the sum of thirty dollars ; to George Rogers, 
the sum of thirty dollars ; and to Ephraim L. Frothing- 
ham, the sum of sixteen dollars, severally, for services 
rendered by direction and in aid of the Joint Committee 
of the Legislature, appointed to investigate the affairs of 
the Commonwealth Bank ; and that a warrant or war- 
rants be drawn accordingly. 



WJLLIAM A. HYDE. 747 

CHAP. LXXXHI. 

Resolve for copying a Map delineating Rail-roads. 
April 25, 1838. 

Resolved, That the Clerk of the Senate cause three 
thousand copies of a map, belonging to the library of this 
Commonwealth, delineating the several rail-road routes 
in this Commonwealth, to be made : provided, that the 
expense therefor shall not exceed the sum of three hun- 
dred dollars ; and that a warrant be drawn accordingly. 

CHAP. LXXXIV. 

Resolve on the petition of William A, Hyde. 

April 25, 1838. 

Resolved, for reasons set forth in said petition, that a 
sale of certain real estate situated in the city of Boston, 
and particularly described in a certain deed from Martha 
Hyde to William A. Hyde, dated the tenth day of Sep- 
tember, in the year eighteen hundred and thirty-five, and 
recorded with the Suffolk deeds, lib. 398, fol. 272, made 
by said Martha to said William A., on the sixteenth day 
of June, in the year aforesaid, by virtue of a license from 
the Court of Probate for the County of Suffolk, granted 
on the twenty -first day of July, in the year eighteen hun- 
dred and thirty-four, be, and the same is hereby confirm- 
ed, and the title of said William A. to said real estate, 
from and after the passage of this resolve, is hereby de- 
clared to be as good, valid and effectual, to all intents 
and purposes, as the same would have been, had said 



748 NATHAN W. HAZEN. 

deed been executed and delivered within one year next 
after the granting of the license aforesaid. 



CHAP. LXXXV. 

Resolve on the petition of Nathan W. Hazen. 
April 25, 1838. 

Resolved, for reasons set forth in the said petition, 
that Nathan W. Hazen, of Andover, in the County of Es- 
sex, being duly appointed administrator de bonis non of 
the estate of John Foster, late of Bradford, in said county, 
deceased, be, and he hereby is authorized and empowered 
to execute and deliver, as administrator as aforesaid, to 
Elizabeth Foster, of said Andover, single woman, a good and 
sufficient deed, conveying to her a certain parcel of land, first 
set forth and described in the deed of William Greenough to 
said John Foster, recorded in the registry of deeds in said 
County of Essex, book two hundred and eighteen, page 
two hundred and sixty-three, and which parcel of land 
was sold to said Elizabeth, at a public sale, by order 
of court, by Samuel Foster, a former administrator of 
said estate, now deceased; and the deed of said Hazen, so 
executed and delivered, shall have all the force and effect 
as if the same had been executed and delivered by said 
former administrator. 



SHERIFFS AND CORONERS. 749 



CHAP. LXXXVI. 

Resolve authorizing the payment of certain Accounts, au- 
dited by the Committee on Accounts, in pursuance of an 
order of April 6, 1838. 

April 25, 1838. 

Resolved, That there be allowed and paid, out of the 
public, treasury, to the several persons and corporations 
mentioned in the accompanying roll, the sums set against 
their names respectively, amounting in the whole to elev- 
en thousand two hundred and ninety-seven dollars, and 
eighty-six cents, the same being in full discharge of the 
accounts and demands to which they refer ; and that a 
warrant be drawn therefor. 



ROLL OF ACCOUNTS, 

Audited by the Committee on Accounts, under an order of 
6th April, 1838. 

SHERIFFS AND CORONERS. 

Avery, Isaac, for viewing the body of a stranger, 
and expenses of removal and burial, February, 
1838, ^10 87 

Brown, Henry, for returning votes, &c. to Jan- 
uary 1, 1838, 20 80 

Folger, P. S., for returning votes, &c. to Janu- 
ary 1, 1838, 16 32 



^27 


15 


76 


00 


19 


28 


77 


80 


37 


36 



750 PRINTERS. 

Hinckley, E. M., for taking inquisitions, &c. to 
April 16, 1838, 

Nevers, John, for returning votes, &c. to Janu- 
ary I, 1838, 

Shaw, Augustus, for taking an inquisition, No- 
vember 10, 1837, burial of body, &c., 

Shute, Ebenezer, for taking inquisitions, &,€. 
to March 26, 1838, 

Wilde, George C, for taking inquisitions, &c., 
to March 21, 1838, 

;^285 58 

PRINTERS' ACCOUNTS. 

Reals & Greene, for advertising, and supplying 

newspapers to April 17, 1838, 552 74 

Bowles, Samuel, for newspapers to April 15, 

1838, 10 56 

Boston Wesleyan Association, for supplying 

Zion's Herald to April 21, 1838, 45 14 

Badger & Porter, for advertising and supplying 

newspapers to April 20, 1838, 324 08 

Bosson, C. P., for supplying Yankee Farmer to 

April 21, 1838, 141 69 

Bazin, George W., for newspapers to April 21, 

1838, 26 17 

Clapp, W. W., for advertising and supplying 

newspapers to April 21, 1838, 182 55 

Clapp, D., Jr., for supplying papers to April 12, 

1838, 6 88 

Dill, John E.,for newspapers to April 21, 1838, 8 62 
Dearborn & Bellows, for advertising to January 

1, 1838, 6 00 



PRINTERS. 751 

Devereux 8i Donahue, for papers to January 1, 

1837, 1 38 

Button & Wen tworth, for supplying newspapers 

to April 18, 1838, 63 51 

Earle, J. M., for advertising to January 1, 1838, 2 00 

Fairfield & Pitman, for supplying newspapers 

to April 21, 1838, 11 00 

Foote, Caleb, for advertising and supplying 

newspapers to April 21, 1838, 61 74 

Gourgas, F. H., for advertising and supplying 

newspapers to April 15, 1838, 5 16 

Greene, Thomas A., for a newspaper to April 

18, 1838, 1 75 

Homer & Palmer and Joseph T. Adams, for 
publishing laws, advertising and supplying 
newspapers to April 17, 1838, 585 24 

Haughton, Richard, for advertising and supply- 
ing newspapers to April 12, 1838, 612 09 

Hammond & Earl, for advertising to January 

1, 1838, 2 00 

Harrington & Co., for supplying newspapers to 

April 21, 1838, 226 36 

Ives & Co., for advertising to January 1, 1838, 4 38 

Knapp, Isaac, for supplying newspapers to April 

21, 1838, 105 05 

Knowlton, J. S. C, for advertising to January 

1, 1838, 1 25 

Morse and Brewster, for advertising and sup- 
plying newspapers to April 25, 1838, 11 25 

Norris, Thomas F., for supplying newspapers 

to April 21, 1838, 47 66 

Nichols, William, for supplying newspapers to 

April 12, 1838, 50 36 

Proprietors of the Boston Advocate and Free 
96 



752 PRINTERS. 

Press, for supplying newspapers, &c. to April 

12, 1838, 254 26 

Proprietors of the Boston Daily Advertiser and 
Patriot, for advertising and supplying news- 
papers to April 16, 1838, 441 71 

Palfray &. Chapman, for advertising and supply- 
ing newspapers to April 18, 1838, 47 88 

Proprietors of Boston Courier, for advertising 

and supplying newspapers to April 16, 1838, 528 41 

Proprietors of Taunton Whig, for newspapers to 

April 21, 1838, 66 

Porter, William S., for supplying newspapers 

to April 18, 1838, 33 28 

Proprietors of Barnstable Patriot, for newspa- 
pers to April 21, 1838, 8 12 

Reed, David, for supplying newspapers to April 

21, 1838, 60 86 

Sleeper, Dix & Rogers, for advertising, and 

supplying newspapers, to April 20, 1838, 338 05 

Safford, A. H., for newspapers to Jan. 1, 1838, 11 60 

Smith & Ewer, for advertising to Jan. 1, 1838, 2 50 

Spooner, M., for newspapers to April 20, 1837, 27 09 

Spofford & Harris, for supplying newspapers to 

April 21, 1838, 12 75 

Tilden, Henry, for newspapers to April 25, 

1838, 1 00 

Wheildon, W. W., for advertising, and supplying 

newspapers to April 21, 1838, 9 85 

Willis, Nathaniel, for newspapers, supplied to 
members of the Legislature, to April 20, 1838, 

Wood, A. H., for newspapers to April 15, 1838, 

Woodbury, Charles W., for supplying newspa- 
pers to April 21, 1838, 

^5034 14 



108 


90 


21 


87 


29 


74 



MISCELLANEOUS ACCOUNTS. 763 

ASSESSORS. 

Brighton: George Livermore, chairman of as- 
sessors, for obtaining statistics, 7 50 

Berkley : Barzillai Crane and Joseph D. Hath- 
away, for obtaining statistics, 6 87 

Hatfield : Justin Wait and Elijah Hubbard, for 

obtaining statistics, 2 50 

New Braintree : Samuel Mixter, James Bow- 
din and Hollis Tidd, for obtaining statistics, 5 00 

Topsfield : Frederick Perley and John Hood, 

for obtaining statistics, 6 25 

;^28 12 

MISCELLANEOUS. 

Allen & Co., for ink, to Jan. 1, 1838, 5 75 

Bridgewater, Town of, for error in pauper ac- 
count for 1837, 5 00 

Brooks, Charles & Co., for twine, to Feb. 27, 

1838, 11 25 

Burditt, James W., for stationary, &c. for Sen- 
ate, to April 9, 1838, 267 53 

Same, for stationary, &c. for the Secretary's 

office, to March 26, 1838, 385 35 

Same, for stationary for the House, to April 10, 

1838, 969 06 

Same, for stationary, &c. for Adjutant General, 

to Nov. 2, 1837, 19 32 

Same, sundries for the Land Office, to Jan. 1, 

1838, 7 59 

Same, sundries for the Library, to Feb. 19, 

1838, 62 56 



754 MISCELLANEOUS ACCOUNTS. 

Cutting, E. W., for his services as Assistant 

Sergeant-at-Arms, to April 26, 1838, 238 00 

Committee to examine Citizens' Bank, for ex- 
penses, viz. — 

Mr. Farwell, 4 00 

Mr. Lane, 4 50 

Mr. Park, 4 50 

Mr. Smith, 4 00 

Mr. Robbins, 4 00 

Expenses paid by Committee, 6 00 

27 00 27 00 

Holt, Abiel, for services to April 25, 1838, as 
assistant to Sergeant-at-Arms, 238 00 

Hall, Milton, for services as door-keeper, &c., 

to April 25, 1838, 238 50 

HoUiston, Town of, for expenses incurred in a 

case of small-pox, 166 75 

Loring, Josiah, for stationary for Secretary's 

office, to April 6, 1838, 401 16 

Leach, William, for services of his son, Wm. I. 

Leach, as page, to April 25, 1838, 1 15 00 

Leach, Mathias, for services of his son Wins- 
low, as page, to April 25, 1838, 1 13 00 

Murphy, David, for services as Assistant Mes- 
senger of the House, to April 25, 1838, 238 00 

Moore, Thomas, for lithographing and printing 

maps, March, 1838, 343 00 

Parker, Samuel H., for stationary in 1836, for 

Secretary, 10 50 

Pool, Alexis, for services as assistant to Ser- 
geant-at-Arms, to April 25, 1838, 236 00 

Stevens, Benjamin, Sergeant-at-Arms, balance 

of his account to April 15, 1838, 1428 76 



JOURNALS OF PROVINCIAL CONG. 755 

Wheeler, John H., for carpenter's work and 

stock, to April 10, 1838, 422 94 

;$f5950 02 



AGGREGATE OF ROLL. 

Sheriffs and Coroners, 285 58 

Printers, 5034 14 

Assessors, 28 12 

Miscellaneous, 5950 02 



;^1 1,297 86 



CHAP. LXXXVII. 

Resolves for the distribution of the Journals of the Pro- 
vincial Congresses. 

April 25, 1838. 

Resolved, That the Secretary of the Commonwealth 
be directed to distribute, so soon as the same shall come 
into his possession, the Journals of the Provincial Con- 
gresses of Massachusetts, which were authorized to be 
published by the Resolve of March 10, 1837, to the 
members of the present General Court, and to the other 
persons, corporations and societies, provided for in the 
second chapter of the Revised Statutes. 



756 T. COURTIS AND OTHERS, 

CHAP. Lxxxvni. 

Resolve for repair of the Senate Chamber. 
April 25, 1838. 

Resolved, That the Clerk of the Senate cause, during 
the recess, the ceiling of the senate chamber to be 
cleansed and whitened, and the room to be painted ; and 
such other repairs to be made as may be found to be 
necessary ; and that warrants be drawn to defray the 
expenses thereof. 

CHAP. LXXXIX. 

Resolve on the petition of Thomas Courtis and others, 
heirs at law of Ambrose S. Courtis, 

April 25, 1838. 

Upon the petition of Thomas Courtis, William Courtis, 
Stacy Courtis, Nancy Courtis, Hannah Courtis and Lou- 
isa Saunders, heirs at law of Ambrose S. Courtis, late of 
the city of Boston, merchant, deceased, for reasons 
therein set forth, — 

Resolved, That said petitioners and their respective 
representatives, and all or any of the cities, towns and 
bodies corporate mentioned in the supposed will referred 
to in said petition, be, and they are hereby fully author- 
ized and empowered to enter into any agreement for the 
purpose of compromising, cancelling and finally adjusting 
all claims which all or any of them may make or assert 
in and to the property mentioned in said supposed will, 
and of dividing the same between them for their own 
absolute use and benefit ; and the execution of any such 



MILITIA. 767 

agreement shall be final and binding on the parties to it, 
and shall secure to each of them a perfect title to the 
portion of property so to be assigned to them ; and all 
claim which the Commonwealth may or might have in 
the reversion of any property devised in said supposed 
will, is hereby released. 



CHAP. XC. 

Resolves relating to the Militia. 
April 25, 1838. 

Resolved^ That the General Government being invest- 
ed with " power to provide for, organizing, arming and 
disciplining the militia," ought so to exercise this power 
as to provide for such uniformity of organization, supply 
of arms, system of discipline, and term of enrolment, as 
the condition, wants, and safety of the country may re- 
quire. 

Resolved, That the present organization of the militia, 
which is based on a law of Congress of the eighth of 
May, one thousand seven hundred and ninety-two, re- 
quiring the enrolment of every free able-bodied white 
male citizen, of the age of eighteen, and under the age 
of forty-five, while it might have been well adapted to 
the condition of the country at that period of our national 
existence, embraces in its enrolment a larger portion of 
the citizens than is necessary under the present improved 
and strengthened condition of the country. 

Resolved, That the Senators and Representatives of 
this Commonwealth, in Congress, be requested to use all 
fair and honorable means to procure the passage of a law 
to exempt all citizens of the United States from enrol- 



768 BETSEY BURROWS. 

ment in the militia, who may be under the age of twenty- 
one, and over the age of thirty-five years ; and to procure 
the passage of an order for the immediate distribution of 
the arms and accoutrements, now deposited in the several 
armories and arsenals of the United States, to the several 
states and territories thereof, in conformity to the act of 
Congress of April twenty-third, eighteen hundred and 
eight. 

Resolved^ That his Excellency the Governor be re- 
quested to transmit, to each of the Senators and Repre- 
sentatives of this Commonwealth, in Congress, a copy of 
these Resolves. 



CHAP. XCI. 

Resolve on the petition of Betsey Burroivs, Executrix of 
the will of William Burrows, of Roxbury, in the county 
of Norfolk, deceased. 

April 25, 1838. 

Resolved, for reasons set forth in said petition, that 
Betsey Burrows be and hereby is authorized to sell, at 
public or private sale, as she may judge most for the in- 
terest of all concerned, that parcel or tract of real estate 
situate in said Roxbury, being the residence of said Wil- 
liam Burrows, in his life-time, and containing about four- 
teen acres of land, and his mansion-house, so called, as 
in said petition appears ; and to make, execute and de- 
liver good and sufficient deeds thereof, to the purchaser 
or purchasers, and the proceeds thereof to invest in the 
manner prescribed in said will of said William Burrows, 
(for the investment of the proceeds of his said real es- 
tate ;) for the use of said Betsey Burrows, during her 



ROAD TO CANADA LINE. 769 

life ; and, on her decease, for the uses and purposes in 
said will limited and set forth ; the said Betsey Bur- 
rows first giving bond, to the satisfaction of the judge of 
probate, with condition that the same shall be sold by 
her, bona fide, for the best advantage of all concerned ; 
and that the proceeds thereof shall be disposed of, agree- 
ably to the provisions of this resolve. 

CHAP. XCII. 

A Resolve for making a Road from Moose-head Lake to 
Canada Line. 

April 25, 1838. 

Resolved, That when that part of the road from the 
town of Monson to the foot of Moose-head Lake, in the 
State of Maine, and also that part from the Canada line 
to its junction with the present Canada road, lying with- 
in the province of Lower Canada, shall have been com- 
pleted or commenced, and shall have so far progressed as 
shall secure the completion of the same within a reason- 
able time, the Land Agent of this Commonwealth, in 
conjunction with the Land Agent of Maine, is hereby au- 
thorized to issue proposals for making that part of said 
road leading from said lake to the line of said province, 
being thirty-one miles and one hundred rods, and con- 
tract therefor upon such terms as he may judge for the 
public interest : provided, however, that the expense to 
be incurred by this Commonwealth shall not exceed the 
sum of five thousand dollars for one moiety of its con- 
struction : provided, also, that the State of Maine expend 
the same sum ; and his Excellency the Governor is here- 
by requested, with the advice of the Council, to draw 
his warrant, from time to time, as said agent may request. 
97 



760 JOHN V. LOW. 

CHAP. XCHI. 

Resolve to pay for Fuel and for other purposes. 
April 25, 1838. 

Resolved, That there be paid, out of the treasury, to 
Benjamin Stevens, Serjeant-at-Arms to the General 
Court, the sum of eighteen hundred dollars, to enable 
him to purchase Fuel and other necessary articles for the 
use of the General Court, and the several public offices 
in the State House; and that a warrant be drawn accord- 
ingly. 

CHAP. XCIV. 

Resolve to pay for expenses of the Small-pox in the City 
* of Lowell. 

April 25, 1838. 

Resolved, That there be allowed and paid, out of the 
Treasury of the Commonwealth, to the City of Lowell, 
the sum of one thousand dollars and forty-three cents; 
the same being in full discharge of expenses incurred by 
said city, on account of the recent prevalence of the 
Small-pox therein ; and that a warrant be drawn therefor 
accordingly. 

CHAP. XCV. 

Resolve on the petition of John V. Low. " 

April 25, 1838. 
Resolved, That there be allowed and paid, out of the 



JOURNALS AND OTHER BOOKS. 761 

Treasury of this Commonwealth, to John V. Low, two 
dollars per day for each and every day he has been or 
may be employed as Assistant Messenger to the Govern- 
or and Council, during the sessions of the Council, for the 
present year; and that warrants be drawn accordingly. 



CHAP. XCVL 

Resolves concerning the Journals, and other Books he- 
longing to the House of Representatives. 

April 25, 1838. 

Resolved, That the Secretary of the Commonwealth 
be authorized to supply the Clerk of the House of Rep- 
resentatives, for the use thereof, with such copies of the 
laws and resolves heretofore passed by the General 
Court, and of other works j)ublished by order of the Leg- 
islature, as may be necessary to complete the number 
thereof, required to be kept for the use of the House of 
Representatives : provided, such laws, resolves or other 
works are now remaining unappropriated in the office 
of the said Secretary. 

Resolved, That the Clerk of the House of Representa- 
tives be authorized and directed to cause such of the 
journals, books or documents belonging to the House, as 
may in his judgment require it, to be bound, or rebound, 
and that the accounts therefor be audited by the Treas- 
urer of the Commonwealth. 



762 CONGRESS OF NATIONS. 

CHAP. XCVII. 

Resolve for settling the accoi^ts of Publishers of the Laws. 

April 25, 1838. 

Resolved, That the Treasurer of the Commonwealth 
be directed to audit the accounts of" the Publishers of the 
Laws, which have not been allowed by the Committee on 
Accounts, upon the same principles and in the same man- 
ner as such accounts were allowed the lastjear ; and that 
warrants therefor be drawn accordingly. 

CHAP. XCVIII. 

Resolves in relation to a Congress of Nations. 
April 25, 1838. 

Resolved, That offensive war is incompatible with the 
true spirit of Christianity. 

Resolved, That the great importance of the subject, 
renders it the duty of all civilized communities to unite 
in the adoption of any practicable plan, calculated to ef- 
fect so noble an object as the abolition of war, and the 
preservation of peace among the nations of the earth. 

Resolved, That the institution of a Congress of Na- 
tions for the purpose of framing a code of international 
law, and establishing a high court of arbitration for the 
settlement of controversies between nations, is a scheme 
worthy of the careful attention and consideration of all 
enlightened governments. 

Resolved, That his Excellency the Governor of this 
Commonwealth be requested to transmit a copy of these 



INDIAN TRIBES. 763 

resolves, with the accompanying report, to the President 
of the United States, and to the Executive of each of the 
States, to be communicated to their respective liegisla- 
tures, inviting their co-operaAn in the proposed object. 



CHAP. XCIX. 

Resolve in favor of Lowell M. Stone. 

April 25, 1838. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to Lowell M. Stone, 
the sum of eight dollars, for services rendered to the 
Committee appointed to investigate the affairs of the 
Commonwealth Bank; and that a warrant be drawn 
therefor. 

CHAP. C. 

Resolve concerning the relations of the United States 
with the Indian Tribes. 

April 25, 1838. 

Whereas it has been the wise and humane policy of 
this nation, from the adoption of the Constitution, until a 
very recent period, to cultivate and extend the arts of 
peace among the original inhabitants of this country, and 
to make and maintain inviolate, treaties with the various 
tribes ; and whereas, many of those tribes, reposing on 
the faith of treaties, made during the administration of 
Washington and his successors, promising to guarantee 
the enjoyment of their rights, and the integrity of their 
domains, against the intrusion of foreign enemies, and our 



764 INDIAN TRIBES. 

own people, have become far advanced in the arts and 
improvements of civilized life. And whereas, the last 
and present administrations have adopted, and are pursu- 
ing, an entirely different course of policy, for the purpose 
of removing them from those improvements which they 
have made under our own instruction and assistance ; 
whereby our nation is involved in bloody wars, in which 
we have already expended millions of dollars, and brought 
misery and ruin upon those people ; — 

Therefore^ Resolved^ That we, the Senators and Rep- 
resentatives of Massachusetts, in the name and behalf of 
the people of this Commonwealth, do most solemnly pro- 
test against the prosecution of any war, with a view to 
the expulsion or extermination of those tribes ; and espe- 
cially do we remonstrate against the forcible execution 
of a treaty, made with certain persons of the Cherokee 
nation, to which a majority of them have never assented, 
and against which they have earnestly, constantly and 
almost unanimously protested, and for the execution of 
which, it is understood that troops of the United States 
are already concentrating, with the avowed purpose, on 
the part of our rulers, of forcing them at the point of the 
bayonet to leave their farms, their firesides, the homes of 
their fathers, and the land of their inheritance. 

Resolved, That a copy of these resolves be transmitted 
to our Senators and Representatives in Congress, with a 
request that they would continue to use their earnest en- 
deavors to bring these wars to a speedy close, and pre- 
vent the perpetration of this great national sin, and the 
consummation of a course of policy which cannot fail to 
slain our national character in the view of other nations, 
and of all posterity. 



PUBLIC DOCUMENTS. 765 



CHAP. CI. 

Resolve for paying the account of Homer, Palmer and 

Adams. 

April 25, 1838. 

Resolved, That there be paid to Homer, Palmer & 
Adams, out of the Treasury of the Commonwealth, the 
sum of forty-seven dollars, for advertising in the Centinel 
and Gazette, by direction of the Secretary of the Com- 
monwealth ; and that a warrant be drawn accordingly. 

CHAP. CII. 

Resolve concerning the exchange and disposition of Pub- 
lic Documents. 

April 25, 1838. 

Resolved, That two hundred copies of all the legisla- 
tive documents, printed by order of either or both branches 
of the General Court, and a proportionally larger number, 
whenever a larger than the usual number of such docu- 
ments shall be ordered to be printed, shall be placed at 
the disposal of the Secretary of the Commonwealth, for 
distribution to the members of the Executive branch of 
Government, and lo such other persons and officers as the 
Secretary now is, or may be hereafter directed to supply 
therewith. 

Resolved, That the Secretary be directed to exchange 
copies of the said documents, or of such of them as he, 
or the Committee on the Library, may think proper, for 
the documents of other States, or for the documents and 
public acts of cities, on the same terms as the laws and 



766 PUBLIC DOCUMENTS. 

resolves of this State now are, or hereafter may he ex- 
changed for those of other States. 

Resolved, That all laws, resolves, documents, or other 
communications of a similar character, received into the 
office of the Secretary of the Commonwealth from the 
United States, or any of them, or from other govern- 
ments, or otherwise, be deposited, immediately upon the 
receipt thereof, in the Library of the General Court. 

Resolved, That the Secretary of the Commonwealth 
be directed to transmit, immediately after their publication, 
to each of the Senators and Representatives of this State, 
in the Congress of the United States, one copy each of 
all legislative documents, ordered to be printed by the 
General Court, or either branch thereof. 



SPECIAL MESSAGES, 



COMMUNICATED TO THE LEGISLATURE DURING THE SESSION. 



NO. I. 

To the Senate and 

House of Representatives. 

1 transmit to tlie Honorable Senate, for the informa- 
tion of the two Houses, the following documents, to 
which reference was made in my communication to the 
Legislature of the 9th inst., viz. 

1st. The Report of the Trustees, of the Treasurer, 
and the Superintendent of the State Lunatic Hospital, at, 
Worcester. 

2d. Resolutions of the General Assembly of the State 
of Rhode Island, enclosed in a communication from his 
Excellency the Governor of that State. 

3d. Report of the Commissioners for the survey of the 
Province Lands, so called, in the town of Provincetown. 

And 4th. The Annual Report of the Land Agent of 
the Commonwealth. 

The above-named documents, being ail transmitted in 
the original, it is respectfully requested that they may 
be communicated by the honorable Senate to the other 
branch of the Legislature. 

EDWARD EVERETT. 

Council Chamber^ lOtfi Jan. 1838. 
98 



768 SPECIAL MESSAGES. 

NO. II. 

To the Honorable Senate. 

I transmit to the Senate, for the information of the 
two Houses, the Report of the Commissioner of the Dis- 
trict of Marshpee. As this document is sent to the 
Senate in the original, it is respectfully requested that it 
may be communicated to the other branch of the Legis- 
lature. 

EDWARD EVERETT. 

Council Chamber, 24 January, 1 838. 

NO. HI. 

To the Honorable House of Representatives. 

In compliance with the request contained in a resolu- 
tion of the House of Representatives of the 13th instant, 
I transmit an extract from a letter, addressed to me by 
the Attorney General of the Commonwealth, bearing 
• date Washington, iSth January, 1838, and containing all 
the information, in my possession, on the state and pro- 
gress of the action now pending in the Supreme Court 
of the United States, between the Commonwealth and 
the State of Rhode Island. 

EDWARD EVERETT. 

Council Chamber, 25th January, 1838. 



NO. IV. 

To the Senate and 

House of Representatives. 

I transmit to the Senate, for the information of the 



SPECIAL MESSAGES. 769 

two Houses, copies of resolutions of the General Assem- 
bly of the Commonwealth of Kentucky, in relation to the 
currency and the administration of the General Govern- 
ment ; of the General Assembly of Ohio, j)rolesting 
against the annexation of Texas to these United States; 
and of the Legislatures of the States of Vermont and 
Maine, recommending an extension of the franking privi- 
lege to certain state officers. 

As these documents are transmitted to the Senate in 
the original, it is respectfully requested that they may be 
duly communicated to the other branch of the Legis- 
lature. 

EDWARD EVERETT. 

Council Chamber, \2th March, 1838. 



NO. V. 

To the Honorable House of Representatives. 

In further compliance with a resolution of the Honor- 
able House of the 13th January, I have the honor here- 
with to transmit a copy of a letter from the senior 
Counsel, employed to defend the interests of the Com- 
monwealth, in the cause now pending in the Supreme 
Court of the United States, between Massachusetts and 
Rhode Island, with a copy of an Opinion of the said 
Court, on motion of defendant for leave to withdraw 
defendant's plea and appearance, and on motion of com- 
plainant for leave to withdraw complainant's general 
replication, &c. 

EDWARD EVERETT. 

Council Chamber, I3th March, 1838. 



770 SPECIAL MESSAGES. 

NO. VI. 

To the Senate and 

House of Representatives. 

I transmit to the House of Representatives, lor the 
information of the Legislature, a Report, in part, from 
the Rev. Professor Hitchcock, who was appointed under 
a resolve of 12tli April, 1837, authorizing a further geo- 
logical survey of the Commonwealth. This report refers 
exclusive!)' to the subject of economical geology^ and 
embraces a portion of the results of a chemical analysis 
and examination of the soils of the Commonwealth. The 
portion of the report herewith transmitted is understood 
to amount to about four fifths of the whole, and may 
probably be regarded as an ample and sufficient specimen 
of the mode of procedure adopted by the surveyor, and 
of the importance of the results attained in this part of 
the inquiry. Should it be the pleasure of the Legisla- 
ture to order the printing of this document, (which is 
respectfully recommended,) it is believed that the residue 
of the report will be furnished by Professor Hitchcock in 
a few days, and in season to be printed with that part of 
it which is now submitted to the two Houses. 

This document not being of a character to be con- 
veniently copied, it is sent, in the original, to the House 
of Representatives, with the request that it may be com- 
municated to the other branch of the Legislature. 

EDWARD EVERETT. 

Council Chamber J \5th March, 1838. 



SPECIAL MESSAGES. 771 

NO. VII. 

To the Honorable Senate. 

In compliance with the request contained in an order 
of the Senate of the 16th instant, I transmit a communi- 
cation from the Commissioner charged with an agricul- 
tural survey of the State, on the subject of the Cultivation 
of Wheat. 

EDWARD EVERETT. 

Council Chamber, Tlth March, 1838. 



NO. VIII. 

To the Senate and 

House of Representatives. 

I transmit to the House of Representatives, for the 
information of the Legislature, the second and final Re- 
port of the Geologist, appointed to make a geological 
survey of the public lands in the State of Maine. 

EDWARD EVERETT. 



Council Chamber, 4>th April, 1838. 



NO. IX. 

To the Senate and 

House of Representatives. 

1 transmit to the House of Representatives, for the 
information of the Legislature, a Report on Quadrupeds, 
by Professor Emmons, of Williams College ; a Report 
on Birds, by Rev. W. O. B. Peabody, of Springfield ; 



772 SPECIAL MESSAGES. 

and a Report on Fishes, hy D. Humphreys Storer, M. D., 
of Boston, Commissioners appointed to survey the Zoology 
of the State, under a resolve of April 12th, 1837. 

EDWARD EVERETT. 

Council Chamber^ 6th April, 1838. 



NO. X. 

To the Senate and 

House of Representatives, 

I transmit to the Senate, for the information of the 
two Houses, a letter from the Hon. Isaac C. Bates, this 
day received, containing the resignation of his place as a 
director of the Western Rail-road Corporation, on behalf 
of the Commonwealth. 

EDWARD EVERETT. 



Council Chamber, I3th April, 1838. 



NO. XI. 

To the Senate and 

House of Representatives. 

I transmit to the House of Representatives, for the 
information of the Legislature, Reports from George B. 
Emerson, Esq., Chairman of the Commission for the 
Botanical and Zoological Survey ; from Dr. Harris, on 
the habits of Insects injurious to vegetation, in Massa- 
chusetts ; and from Dr. Gould, on Molluscous, and the 
other lower animals. 

EDWARD EVERETT. 



Council Chamber, \9th April, 1838. 



<?rommonU)ealtIj of SEassacftusetts. 



SECRETARY'S OFFICE, Mat 17, 1838. 

1 HEREBY CERTIFY, that 1 liave Compared the Resolves, Messages, and 
other Documents, printed in this pamphlet, with the original papers in this 
department, and find the same to be correct. 

JOHN P. BIGELOW, 

Secretary of the Commonioealth. 



INDEX 

TO THE RESOLVES, MESSAGES, &c. 

FROM 

JANTHLBrSTf 1835, TO AFRXXi, 1838, IlTCIiTTSIVZ:. 



A. 

Page. 

Academy, Dukes County, grant of money in aid of, . . 122 
Accounts, Rolls of, 149, 172, 181, 192, 196, 222, 318, 325, 351, 391, 392, 

411, 493, 504, 526, 562, 587, 593, 657, 670, 697, 715, 749 

Adams, Joel, administratoi*, &c. allowed to file affidavit, . 714 

Adjutant General authorized to release certain land in BaiTe, &c. 118 
" " authorized to sell certain gun-house lands in 

Concord and Danvers, . . . 482 
" " authorized to employ an additional clerk, . 744 
Agent to be appointed for prosecuting Massachusetts claim . 127 
" " . " " compensation of| 732 
Agricultural Survey of the State provided for, . . . 554 
Albe, Reuben, grant to, for revolutionary sei-vices, . . 384 
Alden, Humphrey, grant to, for revolutionary services, . lOQ 
Amendment of the Constitution, proposed article of, to be sub- 
mitted to the people, . 276 
" " " twelfth article of, enrolment of, 537 
American Institute of Instruction, grant in aid of, . , jQg 
Andrews, Alfred, a claim of the State released to, , , qqj 
Archives of the Commonwealth, preservation and security of 

provided for, . . . . . 31 6, 549, 737 

Arnold, Ruth, grant to, for revolutionary services of her husband, 410 

Aroostook Road, completion of, provided for, . . , 553 711 

Ashburnhara, town records of, confii-med, . . , 114 

A 



INDEX. 



Assessors, accounts of, for collecting Statistics of Industry, settled, 
Asylum for Deaf and Dumb, ('see Deaf and Dumb.) 
Attorney General to institute proceedings for securing the State's 
rights in certain lauds, ..... 

Audubou's Illustrations, provisions for preservation of from injui'y, 



Page. 

715 



389 
120 



B. 



Badger, Mary E., to be admitted into the American Asylum, 

Baker, Alice, widow, may sell certain real estate, 
Bailey, Timothy, administrator, may convey certain lots of land, 137, 
Bailey, Lucy B., grant to, for revolutionarj- services of her hus- 
band, ....... 

Ballard, John and Joseph, authorized to convey certain real 
estate, ....... 

Banister, William B., guardian, &c., may convey real estate, 

Barburick, Mary, grant to, for revolutionary services of her hus- 
band, ....... 

Barnard, Annas, grant to, for revolutionary services of her hus- 
band, ....... 

Barnard, Albert F., support of, at the American Asylum, pro- 
vided for, ..... 

Barnard, W. K., compensation to, for loss in purchase of certain 
lands, ....... 

Barre, sale of escheated land in, provided for, 

Bartlett, John E., payment of, as a member of the House, 

Bates, Ruth, grant to, for revolutionary services of her husband, 

Baxter, Rhoda, grant to, for revolutionary services of her husband, 

Beaman, Rebecca, grant to, for revolutionai-y services of her hus- 
band, ...... 

Berkshire Agricultural Society, allowance to, 

Berry, Betty, grant to, on account of revolutionaiy services of her 
husband, ...... 

Blagge, Sally, may convey certain real estate, 

Blake, Henry, a claim of the State released to, . 

Blood, Moses, grant to, for revolutionary services, 

" " pension to, .... 

Boltwood, Elijah, allowance to, as member of the House, 

Books in the Secretary's office, distribution of certain, 

Bonney, George, guardian, &c., may sell certain real estate, 

Boston Harbor, survey of, provided for, 
" " appropriation for siu-vey of, 

« " survey of certain flats in, provided for, 

" " concerning fortifications in, 



584 

111 

138, 139 

5:36 

477 
656 

107 

108 

394 

372 
386 
472 
669 
557 

559 



650 
311 
403 
508 
733 
127 
473 
308 
96 
132 
390 
404 



INDEX. 



Ill 



Boston Harbor, prevention of trespasses in, 

" " compensation for survey of, provided for, 

" City of, allowance to, for repairs on Rainsford Island, 
" " for allowance to, for support of pauper lunatics, 

" Society of Natural History, gi-aut to. 
Boundary, Northeastern, of the U. States, conceiuiiug, 
Bowdoin College, a claim of the State released to trustees of, 
Breed, Joseph, 3d, allowance to, as member of the House, 
Breed, Ebenezer, trustee, &c,, may convey certain real estate, 

" " may sell certain lands, . 

Bridge, Charles River, for paying Committee on, 
Briggs, Abner, grant to, for i-evolutionary services, 
Brighton, town of, may sell certain land. 
Brooks, Aaron, Jr., grant to, for services as Judge Advocate, 
Brown, Lucretia, right of State in certain land released to. 
Brown, Abner, payment of, as a member of the House, 
Bunker, Benjamin, grant to, for revolutionary services, . 
Burrows, Betsey, executrix, &c.. 



Page. 

419 
522 

126 
148 
108 

363, 738 
484 
127 
408 

483, 541 
651 
110 
368 
523 
85 
243 
713 
758 



c. 



Canton, trustees of fund in Cong. Parish in, may pay over a part 

of said fund, . . . . . . 114 

Carlton, Hannali, guardian, &c., may sell certain real estate, . 315 

Carter, Joel, executor, may sell certain real estate, . . 555 

Carver, selectmen of, made guardians of heirs of L. Seepit, . 85 
Castle Island, fort on, (see Fort Independence.) 

Chaplains of General Court, pay of, . . 140, 231, 399