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,