.\K. >> vp. •;^ 0^^ ^ ^:-m^-y ^^^yW<' .^^^ V- 0^ o«-** '^o /^ o ^_ 0^' ^iSZ^^^*. '*^>. p,-^ '^0^ 4^°- ^o ^a>S^' ^ •TV ■^o^ • 4^°- o_ A b^*.Trr.'>' **^'*.^'\/ ^°*''"^^-'f< **- ,0 B.m KXCEI.T Calke STRo^-G. Ks^5 PATRIOTISM AND PIETY. THE SPEECHES OF HIS EXCELLENCY I Cx\LEB^TRONG, Esq. TO THE SENATE AND HOUSE OF REPRESENTATIVES Of THE COMMONWEALTH OF MASSACHUSETTS; WITH THEIR ANSWERS ; AND OTHER OFFICIAL PUBLICK PAPERS OF HIS EXCELLENCY, FROM 1800 TO 1807. • X IsLWBURYPORT, PRINTED BY EDMUND M. BLUNT. 1806. TO SUBSCRIBERS and READERS^. JL ERHAPS an apology is due for the late date at which this work makes its appearance ; this is occasioned principally by a delay in the holders of gubsrriptioh papers to return them in suflkient iiUiiibers to warrant the publisher to proceed at the time first mentioned. In this state of things a considerable por- tion of the political year had elapsed, and it was generally be- lieved by all interested in the success of th€ publication, that the commencement of a new year in our State government would be the most favourable season for such a circulation of the woik, as might be adequate to the publick demand. Under this impression the work is now published. For the compiler of this volume to attempt to do justice to the character oi Caleb Strong would be vain. His speeches-, his writings, his conduct — all which have been witnessed by his felloAV- citizens of all descriptionsand parties for many years- speak his eulogium more powerfully than the most elaborate production of the panegyrist. His political, moral and religious sentiments, which appear in this volume, are so many evidences of the goodness of his heart and the soundness of his under- standing, and so many tacit pledges that the confidence of an honest people in such a man can never be betr?.3'ed. How faithfully he served his constituents, while he at dif- ferent times represented them m the legislature of his native State — in the conventions, which formed our present excellent State constitution — in the general convention, which proposed, and in the Stare convention, which ratified, our national con- stitution — which has been a bond of union and source of hap- piness unparalleled to these United States ; — and in the senate of the union — are known to all, who have been conve'rsant with publick men and measures for upwards of thirty years. With what modesty and dignity he discharged the duties ©f his last and highest publick office, — to which this work has 5ftore immediate reference, — ail are witnesses. — His caiidour. IV TO SUBSCRIBERS, 4-4'. and urbanity toward political opponents— his integrity and £rmness m pursuing the path of duty— his unaffected piety and patriotism in whatever concerned the religious, moral or polit- ical character and condition of the people, are not denied by enemies.— His treatment of calumnies, which were unceasincrly .spread among the people, has aflbrded proof of his uprightness to every reflecting and ingenuous mind. The last year of his political life has shewn his greatness of mind, perhaps beyond any former year. Surrounded by: pohtkal oppuu^nts, which constituted majorities in all the oth- er branches of the government, with v;iLich he was more imme- iliately connected, we saw him firm and unyieldirig, w];ere du- ty called,— amjable and conciliatory in points not'^essential ; — commanding the admiration and respect even of those, who Mngratefuliy and unblushingly were plotting his overthrow. The conduct of his political adversaries toward him, and the principles, on which they acted, may be sufficiently gather- ed from the report of the joint committee of the two houses relative to the election of governour in I8O6 | — the prominent ^gure, which this report and the dignified protest of the minor- ity in the senate have m.ade in the annals of the commonwealth, have induced the compiler of this work to publish them entire! Of what enormities the men, who could prepare and adopt such a report, are not capable, it would be hazardous to say. The act speaks for itself. It would scarce be the part of real chari- ty to say, that the abettors of such principles were influenced by the most virtuous motives ; and truth foreids, that pincipks of common sense and common honest ij should be sacri- ficed to passion, prejudice or party ; and tliai charity , which ex- tends itself so far, as to grant, that errours and falsehoods,, which a child might detect, flow from the undepraved hearts of virtuous and enlightened statesmen, is not real hut fake. The love op truth is real charity ;—That charity, uhich is consistent with love oftruth.may be indulged to its great- est extent : but, when in compdition with this principle, charity mid confidence cease to be virtues. The man, who has thus faithfully served his country, in times of prosperity and adversity,— who has at all times man- ifested himself a friend to her best interests and real happiness — who has done so much for the procuring and maintaining of her jadependeDce and konour,— who, jn the darkest houis of her- to SUBSCRIBERS' v adversity, never forsook her, — and in the brightest seasons of her prosperity, never looked for self elevation at her expense — is now by an ungrateful and undeserving people driven into re-- tirement ; — where he experiences " What notKing earthly ^es or can destroy, " The soul's calm sunshine and the heartfelt joy." May his retirement be as grateful to himself, as his publick life has been useful to his country; and, at some far distant pe- riod, may he be transported to that world, '' where the wicked feaee from troubling, and where the weary are at rest,'* A g: DEDICATION, TO POSTERITY. S-uccEssons, SUCH is your present seclusion from the world, tfeat we are sensible of the difficulty of obtaining your explicit assent to u dedication of this book to you ; yet your silence on the sub- ject warrants us to presume, that your modesty can have no serious objections to such a dedication. Under the^e impressions, this work is committed to your care. Those of you, who read it vvith attention, we doubt not, will do justice to the memory of the illustrious MAif, whose real patriotism is so discoverable in every page. We make this dedication with a humble kope, that you, being at a distance from the present scenes of publick life, will be able to take a more impartial view of this part of .our histo- ry, than we can do, who are on the spot. We most frankly acknowledge to you^ that, so freely have •we of this generation, imbibed of the poisonous cup oi parfi/ $pi?it, we are scarce able to take a 600€r view of the contents cf this volume ; indeed some among us are bo perfectly intoxicated with the mme spirit, that they will not even open it ; and, hop- ing that, at least in this respect^ ye'j will be more free from this ipirit than we are ', and sensible, that you will do more justice to its principles than they have received from their more imme- diate neighbours, and that all of you, who read this volume, will pay that tribute of respect and veneration to the memory OF A GREAT AND GOOD MAN, which wc have ungratefully - withholden from the man HiMSfii.r^— we commit the work to .your putionaiie,. DEDICATION. ^ii But do not flatter yourselves (for we intend not to Hatte* you) that you will act with greater wisdom than we have dme, if you suffer yourselves to be drawn aside from your duly by the baleful influence of party. You will look with pleasure on the character and princi- ples of a GOOD CHIEF. MAGISTRATE, as they appear in these pages ; and will shrink with abhorrence from the conduct of people and legislator:-, who disregard or cry down such a man and such principles, and whose conduct is so flagrantly absurd as to adopt and defend such measures as appear in a Report contained in this volume ; yet you will run into errours equal- ly absurd f^rd dangerous, if you suffer yourselves to be deluded by prejudice, and refuse to be governed by moral principle and the fear of God, That you may bs cffiectually warned by the faults and fol- lies as well as by the virtue and wisdom of us your progenitors, and may enjoy the blessings of liberty and good government to- the late«-t age, is, or ought to be, the fervent prayer of gjl THE PEOPLE OF imS; SITBSCRIBERS' NAMES. _^BBOT James, BilleriCa. Adams Samuel, Bath. Allen William, Bath. Allen Ephraim, W. Newburyport. Andrews William, F. Ips'^icli. Appleton Samuel, Ipswich. Appleton Oliver, Ipswich, 2, Andrew Israel, Danvers. Asbton Jacob, Salem. Ashton William, Salem. B Bailey Nathaniel, Rowley. Baker Asa, Ipswich. Baker John, jr. Ipswich. Barret I'hornton, Bath. Bartlet Richard, jr. Newburyport Bartol Barnabas, Freeport. Bartol George, Freeport. Bascora ^'^Joses, Gill. Beard Daniel, Billerica. Billings Elisha, Conway* Bishop Enos, Fseeport, Blasland Wiiham, S. Bath. Boardman John, H, Ipswich, Bowers Benjamin, Billerica. Bradley Samuel, Fryeburg. Brewster Oliver, Becket, Brewster Jasper, Washington, Brewster Moses, Worthhigton. Brigham Elijah, jr. Westborough. Brown Moses, Newburyport, 6. Brown Tristram, Ipswich. Brown Arama, Ipswich. Buckminster Jos. Portsmouth, N. H. Burnham Obed, Topsham. Burnham Daniel, Newburyport, ^, Burnham T'loraas, Ipswich, 3 JBurnham Aaroii; Ipswich, Burnham Benjamin, Ipswich. Burnham Benjamin, jr. Ipswich, Burr Israel, Worthington. Barr James, jr. Salem. Beckford Ebenezer, H. Salem, Beckford Ebenezer, H. Salera. Bowditch Nathaniel, Salera. Cook Robert, Salem. Cross John, Danvers. Gushing & Appleton, Salem S, Cleaveland A. B. Salem. Caldwell Ebenezer, Ipswich, Caldwell Francis, Ipswich. Cannon Josiah, W. Gill. Carieton Daniel, Bradford. Carleton Lemuel, Woolwich. Carter Benjaraiti^ Balh. Carter Nathaniel, Newburyporti Carter Thomas Newburyport. Chamberlain Elijah, Billerica* Chase Stephen, Bridgeton. Cheever Abner, Lynn. Childs Araariah, Lynn. Choate Stephen, Ipswich, S^ Choate John Ipswich, 2. Choate George, Ipswich. Choate David, Ipswich. Choate Nathan, Ipswich* Choate Joseph, Ipswich. Choate John P. Ipswich. Clap Ebenezer, Bath. Clap Charles, WorthingtOi>, Clapp Charles, Bath, Clark Solomon, jr..PittsfieId, Cleaveland Neveans, Worthingtoa. Cobb Denny, M. Bath. Coffin Nathaniel, Bath. Coffin David, Newburyport, 2, Cogswell Jonathan, jr, Ipswich/ SUBSCRIBERS* NAMES. k"! Consnt Geor2:e, Becbet. Goonibs Isaac^ Brunswick. Crouibic Moses, Bnth. Crooker Isaiah, Batlu Crooker VViUiani, S. Bath. Crobby Josiah, jr. Bi.'lerica. Cuv.liing Martin, Bath. Cutler Joseph, Newbury port. Derhy John, Salem, 9. 3)riiikviiter Aileu, N YarmoiUh. Dampney John, Lynn. l'»nna .'o'-epit, I,,=.*»i:!]. .?. Dana Daniel, Newbury port, 2. D;itiH Joseph, Newburyport. Dana Jiidah, Fryebnrg, Davenport Benjamin, Bath. Divis Samuel, Bath. 33a vis I'aac, Durham. Delano Thomas, P. Woolwich. Delano Peleg, Woolwich. Dexter Jonathan, M. Billerica. Dilhngham Cornelius, Freeport. Donneil Benjamin, Bath. Donnell William, Bath. Duw Erl'.vard, Wesiborongh. Dow J. Lvnn. Drew William. C. Bath. Drnmiuond David, Bath. Dun! ip David, Bath. Dunaeis Amos, Ipswich, Duran Matthew, Durham. E i.stninn Philip, Fryeburg. Eliot Jolm, jr. Elliot Jonathan, Newbury. Emerson Abigail, York. Farley ^Michael, Ipswich. Farley John, jr. Ipswich. Farnliani Zebedr';h, Woolwich. Foster >'.ainuel H. Newburyport. Foster Benjamiu, Bath, Frye Simon, Fiyeburg. ;S«]tou Robert, ,Georgstov;n, Fulton James, jr. Top?ham. Forrester Simon, Salem. Frost Natlian, H. Andover, 2. Gale Edmnnd, Salem. Gardner John, jr. Salem. Gardner Jonathan, Salem. Gould 'Jacob, Boxford. Grcenleaf James, Haverhill, Gage Peter, Bradrurd. Gage Thoma?, jr. Rowler. Gardner James, Lyur,. Gerrish George, jr. Durhati^, Gerry ti. l^rBath. Giddings Joshua, "^pswi.jJli Gilman Caleb, Baih. Giiman Islizubeth, York. Gi'iuoie David, Woolwich. Glea on Joues W. Lynn. Goodrich George, Gill. Gould Elijah, Gerry. Gove William, jr. Worlhingtbn<, Green P, H. Topsbam. Gic-cuword Andiew, Bath. Grianei Wise, Bath. GriiAold Oliver, Fryeburjj, . H Hail Elijah, Brunswick. Karaen Bic'i<-v(i, Wf:ii SUBSCRIBERS' NAMES. Stinson John, Woolwich. Stockbridge C Bath. Stockbridge Joseph, Bath. Stockbiidce John, I3ath. Stoddard Abel, Durham. Story Joseph, Ipswich. Sv/eetser Ephraira, Lynn. SafFord Samuel, Ipswich. Sandford T. G. Topsham. Severnton John B. Bath. Sewal! David, York, 2. Sewail Dunimer, Bath. Tappan James, Gloucester. Tucker Ichabod, Salem. Taj lor Henry, Pittsfield. Thacher Thomas, C. Lynn. Tappan Jos. jr. Newburyport. Thurston Daniel, Ipswich. Tenney Samuel, Newburyport. Titcorab Samuel, Georgetowu, Tappan Josejih, Newbury. Todd Moses, Rowley. Todd Nelson, Rowley. Trott Thomas, Bath. Troti Samuel, Woolwich* Trott Joseph, O. Bath. Trufant Gilbert, Bath. Trufaut Seth, Bath. Tucker John, Bath. U -Upton John, jr. Danvers. W Wade Nathaniel, Ipswich, 2. Wade Thomas, Ipswich. Wade John, Ipswich. Wade Samuel, Ipswich. Ware Samuel, Conway. Warner William, Ipswich. Warren Asaph, Weslboroueh. Webb William, Bath. Webster Samuel, Bradford. V^'ebster Elijah, Danvers. While Charles, Newburyport Whiting Lemuel, Billerica. Whiting Phineas, Chelmsford. Willard H. Stockbridge. Willcomb William, Ipswich, 3. Williams John, Conway. Wilson Clark, Danvers. Wilson Williams, Topshara. Wilson Henry, Topsham. Winship Stephen, Bath. WiitThomay, Lynn. Wood Nathan; Billerica. Wood Lemuel, Boxford, 10. Wood bridge Jos. Stockbridge. Woodviard Samuel, Bowdomhan8„ Wormwood Jctham, Bath. Wyatt Benjamin, Newburyport. Wallis Robert, Salem. West Nathaniel, Scvlem, 4. Wilkins Jason, I3eveply. Williams Henry, DanVer.-?, [It is supposed tnat many more names me snhsmhedfor this work than are contained in the above lid. The compiler has heard of a number y which he has not been able to obtain in season. Jar inseriiur. here. The omisiion must of course be excused. Not knomng all the titles to he added to the names in ihi:, list, the compiler has nht noted any. It is also hoped, that, if any names have been omitted iu arranging this list alphabetically from the originals f 4uch omission mill he excused.] 13 SPEECH ^■Belivered before ihc Legislature of Massachusetts, June 5, 1800, Gentlemen of the Senate, and Gcnthmen of the House of Representatives^ T. HE invitation of my fellow- citizens to the res-pecta- "ble office, which I have undertaken to execute, has excited in me sentiments of gratitude for the honour they have conferred upon me. At the same time it has given me anxiety, from an apprehension that I shall be unable to discharge the duiies of the office in a manner that will justify their confidence. But I flatter myself that their candour will incline them to judge fa- vourably of the motives of my conduct, even in cases where an error may be supposed. The occasion upon which we meet, naturally revives in our minds, the recollection of the severe losses we have lately suffered, in -the death of some of our most respectable and dis- tinguished fellow-citizens. In the course of the last year, this State has been deprived of its late excellent governour. He was eminently fitted for the oflfices which he had sustained, for he possessed those qua- lities that acquire universal respect. To a sound understand- ing and extensive political aiid legal knowledge, he united en- gaging manners and habitual goodness — benevolent, upright and unassuming, he was beloved as a man, and revered as a magistrate; and his memory is blessed. Since that event the whole nation has suffered the loss of the first and best of men. We are all witnesses of the unex- ampled mourning, with which the death of • • • • ' novation an4 licentiousness. We shall consider it among the' first duties of the legislature to endeatour, by every rational and constitutional method, to checic its alarming pro<^ress ; and we • feel a sincere and unfeigned gratification, that the principles and example of your excellency, will not only have a tenden- cy to support and encourage the friends of religion, but also to reclaim its deluded enemies. The good effects of our ancient religious institutions have been so long and so amply experienced, that we ardently hope the legislature will consider their support and encouragenienJE among the first objects of its care; and that the people at large will be enabled to form a just estimate of their nature and excellence. Your excellency will be pleased to accept the assurances of the senate, of their cordial wishes for the success of your administration ; and vve join with you in the solemn supplica- tion, that the '* Almighty may succeed our mutual endeavours to render the people of the commonwealth prosperous and laippj." ANSWER OF THE HOUSE OF REPRESENTATIVESi May it please your Excellency^ THE invitation of the citizens of a State so large and re* spectable as that of Massachusetts, at a moment so interesting as the present, to fill the important office of its chief magistrate, as it evinces the public opinion of the virtues and talents of the man thus distinj^nished, must be highly gratifying to a patrio- tic mind. The integrity and ability with which you have perform* td the various duties of the hi<2h and important stations, in which you have been placed, leave us no room to doubt, that you will fill your present dignified office with reputation to yourself, and satisfaction to the comm'inity, nr.twiihstanding ihe apprehensions, which you have been plcafccd tu express.: — 20 Indeed our expectations are raised, from our past observatforr; that difiidence, virtue, and talents arc almost inseparable com- panions. It errours, from which no mortal is exempt, should elude your excellency's wisdom, you may place a just reliance on the candour and magnanimity of your fellow citizens. As the mistakes of virtue, they would obliterate them from their re- collection. The occasion unavoidably obtrudes upon our reflections the unexampled losses, we have lately sustained, by. the decease of some of our most respected fellow-citizens. By tlie death of our late excellent governour, this State was deprived of a man, who was greatly and deservedly esteemed in private, and highly respected in public life. Since which afflictive dispen- sation, the whole nation has been called to lament the loss of the illustrious Washington, the first and best of men ; and hovv-ever vain would be the attempt to rival his singular great- ness and attainments, yet his integrity, his purity, his vmaftect- ed piety, his respect for religious institutions, and his zeal for the public good, may, and ought to be imitated by all. We regret, with your excellency, the recent death of our chief magistrate, the lieutenant governour. An early, decid- ed, and tirm friend to the rights of his country, who long ex- perienced the confidence of his fellow-citizens, in various high, and distinguished offices in the commonwealth. Quitting these subjects of mournful regret, we ought to cherish the most fervent gratitude to the Supreme Being — that we enjoy the blessings of a free and undisturbed government ; that the laws are respected ; and that notwithstanding any di- vcr^ity of political opinion, internal tranquillity, domestic hap- piness, good humour and kind offices so generally prevail ft»- niong the citizens of this commonwealth. While carnage and desolation, with unusual fury, have laid waste some of the fairest portions of Europe, it has pleased Di- vine Providence to permit this country to progress in the culti- Tation of those useful arts, which enrich and ameliorate the condition of man. Invited by their resources, their extensive sea-coast and their characteristic enterprise, to embark largely in a com- ijpcrce reiidercd doubly profitable by their neutrality^ tlie \I- 2T mted Siatfs have experienced frequent interruptions to their trade byainprovoked infractions of the law of nations. Within the last few years, these injuries have proceeded from a nation, far whom we had cherished the most friendly sentiments; and the mostconcilia.ing measures to obtain redress, which human wisdom could devise^ have been pursued without success. We did not even place ourselves in a posture of defence, until the roused feelings of the American people taught them a senti- ment which the late president had often and in vain addressed to their understandings, *' that, if we desire peace, it must be known that we are prepared for war." The history of our intercourse with foreign nations, will be the lasting record of the purity, the impartiality, the pacilic policy, the wisdom and the prudence of the executive authority of the United States. It must be satisfactory to know, that hopes are entertained, that the existii:^^ negociation with the French government will put an end to the fnj.uries we have so long and so justly complained of. Every enlightened friend to his country must ardently desire that we may not be compelled to renounce the advantages of our neutral situation. Iluvvever, the event is in the hand of God; and, let it terminate as it may, it is the duty of all good citizens to adhere to the go- vernment of their clioice, and to submit with cheerfulness to those expenses, which have been the price of their security. — If, in the issue of our controversy with France, we should not have occasion to resort to arras, it may be attributed, in a great measure, to the spirited preparations, which we had made for resistance. We agree with, your excellency, that the constitution has summarily pointed out the great duties of Legislatures and magistrates^ and if, in the discharge of our respective trusts, we adhere to the spirit, as well as the letter of that constitu- tion,, we may reasonably flatter ourselves, that " i)ublic and private charity, industry and frugality, honesty and punctuali- ty, sincerity, good humour, and all social affections and gene- rous sentiments," will prevail among the people. As the distribution of public employments depends, in a, great measure, upon the tirst executive nuigistrate,.we lelicitale.- ' , 2^ ©BTselves and our fellow citizens, upon the election of a man, who will, wirh the strictest impartiality, select and reward su- pcriour talents and meritorious services, when accompanied by a virtuous life,, and moral and religious principles. No opinion has been more prevalent anions?; civilized na- tions, and we believe none better founded, thaii that " religious principles in the people arejCssential to morality, and the sup- port of lawful government; and that the obligation to piety is imposed on man by his nature." U lately these opinions have been ridiculed, and demoralizing philosophers have patronized sentiments diametrically opposite; if the authei;iticity of re- vealed religion has been openly denied, and its doctrines repre- sented as unfriendly to social or individual happiness ;. if the Author of our holy religion has been vilified in some coun- tries, and man reduced to a level with the brute creation, by denying the immortality of the soul ; it becomes us, who have, so lately and so solemnly professed our belief of the truths of Christianity, to endeavour to prevent the progress of these prin- ciples of infidelity, by every mild and prudent measure; by- promoting the means of general knowledge and information ; by excluding vicious and profligate persons from the instruc- tion of youth ; by encouraging and supporting, honourably, pub^ lie teachers of religion and morality, and more especially, en^ forcing by example, the effects of that pure religion, which we regard as the surest source of human felicity. In your excellency's laudable, patiiotic and zealous ex* ertions for the public good, we place the lullest confidence ; and we doubt not your ready concurrence in every measure tending to secure to the people the benefits of a mild and just government ; and we must cordially join with your excellen- cy, in 'oupplicating the Almighty Ruler of nations to succeed our mutual endeavours to promote the peace, prosperity and happiness of this commonwealth. ts BY HIS EXCELLENCY CALEB STRONG, ESQUIRE, Governour of the Commonwealth of Massachusetts^, A PROCLAMATION FOR A DAY OF PUBLICK THAKKSCrlVIXG. IT being the duty of a people at all times to acknowledge the Providence of Almighty God, and to recollect his benefits with gratitude, especially in seasons of piiblick peace and pros- perity; and it having been the invariable usage of our pious ancestors, at the close of the year, to devote a day to the ser- vice and praise of that Great and Gracious Being, who is the object of all duty, and whose tender mercies are over all His workg ; — I have therefore thought fit, by and with the advice and consent of the council, to appoint Thursday, the twenty-se- venth day of November next, to be observed by the people of this commonuealth, as a day of public thanksgiving, — hereby calling upon ministers and people of every denomination to assemble on said day, that we may unitedly pay our grateful and afl'rctionate homage to the Author of all good, for His dis- tinguishing kindness to our forefathers, and to us ; in pro- viding them a refuge from oppression, and protecting them when surrounded with innumerable dangers ; in blessing them \vith civil liberty and the light and influence of the gospel, and disposing them to nurture their posterity in the love of learn- ing, virtue and rational freedom ; — in supporting ?;* through the difficulties ot the late revolution, and giving us wisdom to es- tablish constitutions favourable to liberty and happiness ; in prospering the administration of government, and preserving the important Yiie of the chief magistrate of the Union ; in ex- empting us, during the last year, from the calamities of war, ■and from wasting sickness and every desolating judgment ; and in succeeding the labors of the husbandman, and crowning the year with its fruits ; and for that degree of protection and pros- perity which he has been pleated to afford to our commerce, navigation and fisheries : for the progress of literature and the useful arts ; for the numerous bounties of his Providence, and all that variety which sii.pports or delights our lives-; and espfr- ^cially for the blessings of the gospel of His Son, who has brought life and immortality to light. And together with these grateful acknowledgments, that we humbly confess our unworthiness, and present our suppli- cations to the God of Mercy, to pardon our multiplied sins, and continue His protection and favor to the United States: to guide the national and state governments in ways of integ- rity and safety ; and preserve the people from faction and li- centiousness.; to smile upon our university, colleges and schools of learning; and prosper our agriculture, manufac- tuies and commerce ; to promote a spirit of industry, sobriety, and frugality, and the belief and practice of true religion, that we may have the blessedness of the nation whose God is the Lord, and rhe people whom he has chosen for his own inheri- tance ; I hat the world may become more worthy of happiness, by the prevalence of humanity and benevolent affections among all the inhabitants of the earth; that the peaceful kingdom of of the Redeemer may prevail universally, without Tivakhip or opposition ; and that there may be none to hurt or destroy. And I earnestly rcccnnmend to the people of this State, to abstain from all labour and recreation unsuitable to the solemn- ities of the said day. Given at the council chamber in Boston, this twen- ty-sixth day of Sc[^tember, in the year of our Lord, one thousand .eight hundred; and in the twenty-fifth year of the inde})enderiCe of the United States of A^nerica. CALEB STRONG. By His Excellency's comjnand^ mfli the ") advice and consent vf Council. 3 JOHN AVERY, Secretary, ^GOD save the Commonwealth of Massachusetts -• • • • SPEECH DELIVERED ]S'OVEi^IBP:R J 2, 1800, Oentlemcn of the Sei^ate^ and GeniUmen of the Ilouse of Represent at ixes, AS the welfare and prosperity of a nation essentialTy dc- |)end on the character of their magistrates, and the wisdom with which their government is administered ; the object of your present session must be highly interesting, not oiily to our constituents, but to the whole people of the United Slates, The time approaches, when, by their constitution and law, the election of their president and vice president must be com- pleted ^ and you aTe now assembled to take the measures that •are previously necessary, on the part of this commonwealth, to accomplish that important purpose. You will endeavour to se- lect those, who are to give the ultimate suffrages of the State, from the best informed citizens, and the friends of order and good government. May that wise and gracious Providence, which has hitherto guided and sustained the American people, preside in your deliberatians, and dire( t the result of them. Altbaugh I have the pleasure to observe that tranquillity geiRirally prevails through the commonwealth, yet it is my du- ty to state to you, that by letters and affidavits, which the se- cretary will lay beforcyou, it apj)earsthat,sinre the last session of the general court, a number of persons in the county of Hancock have, in a violent manner, obstiiictcd the business of surveying land in that county, by tiring upon and dangerously wounding a surveyor and chainman who were employed in that service. — 'J'he necessity of suppressing dis(»rders ol such fatal tendency is obvious. Indeed the persons guilty of these outrages were C(»ncealed, or in disguise; but thry are supposed to have been actuated by a spirit of resistance to the law ; which would be increased and emboldened by an appearance of unconcerncd- ness on the part of the government to restrain or punish it. Fn^m the reports of several of the major-gererals, I am happy to be able to inform you that the militia of the com- monwealth are in a state of unusual improvement. A large C 2S proportion of them are completely equipped and unilbrraed.,', and in the course of the late reviews their discipline and su- bordination reflected honor on the officers and soldiers, and en- titled them to peculiar commendation. With a militia thus trained, and animated with military ardor, through the Union, America will not hesitate to assert her national rights, nor be unable to defend them, when they are invaded. I presume you will not be willing to protract a session, at this unusual season of the year, by attending to business that may conveniently be postponed to the time, when you will meet for the ordinary purposes of legislation. CALEB STRONG. ANSWER OF THE SENATE. May it please yaur Excclkncj^f IT having been generally understood that the object of the legislature, in assembling at this season of the year, is the appoint- ment of electors of president and vice-president of the United States ; the senate do not contemplate engaging in any other busi- ness winch can conveniently be deferred to another session. And sincerely do we accord with you in the prayer thai our suf- frages may be bestowed on the friends of order and good go- vernment, and that the result may promote the best interests of our country. It is matter of regret, that any of our fellow-citizens should be so lost to a sense of their duty and interest, as to set the power of the government at defiance, and oppose their in- dividual strength to that of the community. So far as may de- pend on us, your excellency may be assured that proper HJeans will be adopted to suppress such pernicious evils. .VVe are gratified with the information which your excel- lency has communicated with respect to the improved state of our militia. We feel confident that so much dependence is to be placed on their diciplinc, courage and patriotism, that their country has more to fear from the arts than from the arms of her enemies. 27 ANSWER OF THE HOUSE. 3Iay it please your Excellency, THE house of representatives concur with your excel- lency in the sentiment that the object of I heir present session is highly interesting, not only to our immediate constituents, but to the whole people of the United States since the welfare and prosperity of a nation essentially depend on the character ef their magistrates, and the wisdom with which their govern- ment is administered. Seriously impressed with this sentiment, it shall be our zealous endeavour to select those who are to give their suffrages in this state in the ensuing important election, from the best informed citizens, who have afforded proofs of their attachment to order and good government. And may that wise and gracious Providence, which has hitherto directed the councils, and prospered the exertions of the American people, overrule and direct our deliberations upon this occasi- on for the public good. While we learn, with satisfaction, that tranquiUity gener- ally prevails throughout the commonwealth, we receive with regret, the painful information, that in one county some mis- guided and deluded citizens have been guilty of violent infrac- tions of the peace of the commonwealth, and have manifested a spirit of resistance to the law. Your excellency, and the good citizens of the State, may be nssured that this house will co-operate in all proper mea- sures to detect and ])unish all such enormities already com- mitted, and to prevent, as far as possible, the commission of them in future : for they are fully convinced, with your excel- lency, that indifference on the part of the government will serve to embolden the offenders, and to invite, by a hope of impuni- ty, the repetition of similar outrages. 'I'he unusually improved state of the militia, which your excellency has noticed, must be highly gratifying to every friend to the rights and dignity of our country ; for with a mi- litia thus traincdj and animated with patriotic and military ar- 28 clour, America will not hesitate to assert^, nor be unable to defend, her national rights, agyinst any invader. The important object of a national election having bcea the sole occasion of the present extraordinary session, a^id the habits and conveniences of the citizens requiring a meeting of the legislature at a later season, we shall endeavour to mjike the present session as short, and as liitle burdensome- to tiie people as possijble. SPEECH DELIVERED J^LNUARY 18, 1801.. G^nthmen of the Senate, and Gtntlemen of the House- of RepresentativeSt THE favoura.ble situation of our fellow-citizens and the apk- pearances of general and progressive improvement, which pre- sent themselves to our view in. the various parts of the com- monweal tb, afford us subjects of mutual congratulation. In the course of the last year, the seasons, through the greater part of our country^ ha^je been fruitful ;, our tra'^ie and fisheries were generally prosperous, and the people of this State have not again been visited with that alarming disease which has fatally prevailed in some parts of the United States. These, and many other providential blessings, will, on this occasion, occur to our remembrance, and demand the gratitude of our hicarts. But while we rejoice ia the public prosperity, it will be our duty to reflect, that Ave owe to our fellow citizens our vi- gilant and faithful endeavors to preserve their present advanta- ges, and promote their lasting reputation and interest:, to check the growth of vice and impiety ; to cherish the institutions for moral instruction antandings, and che- rish the virtuous propensities of their hearts. A bad temper is often made a good one by education; and the difference we observe in the characters of men, is, in a great measure, owing to the different impressions they received from the examples «nd precepts of their instructors. In the presence of those who are respectable, they are accustomed to control their pas- sions, and learn the important lesson of self command, With wich an education they seldom fail to make useful and quiet members of society ; but those, who are idle and unrestrained in earJy life, will be ready afterwards to oppose lawful govern- ment, and disturb the public peace. Moral qualifications are of the first importance in the office of instructors ; their virtues should serve for models in the conduct of life. If they are chargeable with vice or impiety, no attainments in knowiedge can compensate for the contagion of their bad example. The celebrated legislators of antiquity considered the edu- cation of children as the most essntial duty, and the most im- portant exercise of government ; it was regulated by the autho- rity of the magistrates, and upon principles of the public good. Their institutions were calculated to inspire the youth with re- spect for the laws and love to their country ; to form them ta habits of temperance and truth, and teach them to honour their superiors and venerate old age. Our ancestors were impressed with the importance of this subject; and manifested an earnest solicitude, that their children might be educated in literature and religious and mr»val ])rinciplet. The university in the neighbourhood is an evidence of this. Soon after th« 41 • • • • settlement of the country, they provided for the establishment of schools for the children of the poor as well as the rich ; and, if parents neglected to leach their children to read, find to bring them up in some honest employment, the selectmen, with the assistance of two magistrates, were authorised to take such chil- dren from them, and place them with masters, to be strictly attended to* The whole influence of education is necessary in republican governments ; they depend, for their support, upon the enlightened and affectionate attachment of the people ; and there is no ground to expect they will be preserved, unless the youth are trained to knowledge and virtue, and taught, by ex- ample and education, to submit their own to the public will. Our constitutions have liberty for their vital principle; but this liberty is reasonable, and subordinate to the laws; and, whenever it shall become superior to law, it will degenerate to licentiousness, and be lost. The care, which is now employed in the instruction of youth, must give pleasure to every friend of the State ; and, if the failures of education are owing, not to the wajit of legal provision, but to the inattention of the people, the influence of the individual members of the legislature may go far to remedy the defects. As a part of this subject, permit me to suggest, that the institutions of the sabbath and of public worship, were regard- ed by oxn' ancestors with peculiar devotion ; and that our State constitution recommends the support of them, while, at the same rime, it carefully guards against a violation of the right of conscience. It will be acknowledged by every one, that public wor- ship is useful, as a school of good manners, and of decent and orderly deportment. But, as religion is the only sure founda- t-ion of human virtue, the prosperity of the State must be es- sentially promoted, by a due observance of the Sabbath, and by the meeting together of the citizens to learn the duties of moral obligation, and contemplate the wisdom and goodness y/iih. which the Almighty governs the world.. In such assem- blies they can hardly fail to receive useful information in the conduct of life, and impressions of reverence for the Deity, which will never be totally effaced. Even the instructions, D 2 42 • • • • that produce no apparent effect at the time, may so far gain a place in the memory, as readily to revive in it, when occasion calls for them. It is the nature of vice to dissolve society ; but these institutions tend to uphold it, in a condition, favourable to order and virtue; by preserving them, therefore, we shall preserve the virtue, and secure the happiness of the people. If any of the lovrns or plantations, which have been lately settled in the commonwealth, are unable to provide the means of instruction and education at their own expense, will it not be expedient for the public to afford them assistance, that no children may grow up in the State without instruction ? I will detain you no longer, gentlemen, than to observe,, that I know of nothing, except the usual business of the gene- ral court, which now calls for your attention ; and that I shall: readily agree to any measures conducive to the public good^ ■which ^ou may think proper to propose. CALEB STRONG. ANSWER OF THE SENATE. Ma^ it please your Excellency, . THE senate beg leave to express to you their smcere con- gratulations on your re-election to the chief magistracy of the commonwealth. Not doubting the purity of the motives which. Have ever guided your political conduct; — fully believing that your administration has been uniformly intended to promote the public weal ;. and that our fellow-citizens have felt and ap- preciated its good etfects ; we hesitate not to add our unequi- vocal approbation to that, which is so clearly evinced by the repetition of their suffrages. Whatever may have been the wishes of many, in regard to St choice of th^ president of the United States, we trust, that the good sense and patriotism of those, who are disappointed in tke result^ will lead them to render that respectful X)bcdicnc* • ■ • • t© constitutional authority, which is justly due; and that tR«- first magistrate of our nation, will, in aciininrstering the govern- ment, so adhere to its essential prijiciples, as to secure the con- fidence of the people, whose interest requires that he should possess it. We fully accede. Sir, to the position, that asperityand^ false colouring ought not to be indulged in the discussion of publicnieasures ; and we sincerely lament that tire morals and liberties of the people have been, and still are, endangered by the licentiousness of the presses in the United States ; and that so many of our newsj)apers are the vehicles of misrepresenta-'- tion, slander and falsehood. Relying, under Divine Providence, on a well orgatiizcd : and well disciplined nvilifcia, as the great defence of our country against enemies from abroad and faction at home, the senate,: will frequently aod readily pay that legislative attention to the subject which its importance demands. The history of antient republicks furnishes us with so many- testimonies of the fatality attending the ignorance of the peo- ple, and, through this mean, the subversion of free government*, . that we are justified in the belief, that a republick cannot pre- serve its purity, nor can long exist without the general diffu- sion of knowledge among every class of its citizens ; and we readily adopt the fentiment, that no subject' of legislation can be more important. To effect so desirable an object, an early and unwearied attention to the instruction of our youth is in- dispensibly necessary ; and it is a duty, which to neglect, would be a breach of the trust reposed in us by our constituents. We duly estimate the wisdom of ancient and celebrated legislators on this subject, as well as the laudable examples of our wise and virtuous forefathers ; although much has been done by former legislatures, in establishing institutions for the instruction of our youth in the principles of religion, morality and useful science, and in forming their tempers, manners and habits, yet much remains for their successors to do. We will cheerfully co-operate with your excellency and the other branch of the legislature, in ameliorating systems so honourable to our country, so essential to the support of a free government, and. conducive to the happiness of society. 44 ■■ • • • • ANSWER OF THE HOUSE. May it please your Excellency, THE house of representatives • sincerely congratulate your excellency and.theiEfelbw-citizcna, upon your re-elec- tion to the ofBce of first magistrate of this commonwealth.— 1 his renewed testimony of the public confidence, at this period, must be highly grateful, as it affords the strongest evidence of your having discharged the important duties of your hi<.h trust with wisdom and impartiality. Notwithstanding the diffidence you have been pleased to express, the whole tenor of your pub- lic life inspires us with the fullest confidence, that your best endeavours will be successfully continued to advance the repu- tation and weltare of your constituents,~to preserve their rights unimpaired, and to select those only for public office, who^are most distinguished for abilities and integrity. Although in the late election of president of the United States, the result may not have corresponded with the wishes oi many of our fellow-citizens, yet we do most sincerely hope, and ^ are encouraged to believe, that the happiness so confidently an- ticjpated by some, and so cordially desired by all, may uUh mately ensue from that important event. As members of a re- pub ick whose basis is the will of the people, we consider, that the best claim to the character of good and faithful citizens is iounded on a cheerful obedience to the laws, and a uniform re-> spect tor tne constitutional authorities of our nation. And we cannot refrain from indulging the hope, that he, who was so eminently concerned in establishing our independence, will not oe^ be rayed into the dereliction of the pure principles of the federal system, which has arisen out of that independence But If these anticipations should not be realized, still a reoard to truth, to justice arid to the publick welfare, ought to exclude all asperity and false colouring from the discussion of public measures ; for, ,f the free presses of our. country are disl^race- fdly prostituted to faction and falsehood, they will greatlv en- danger, it not eventually subvert the morals and the liberties of tlj€ people^ 4'5 The organization and discipline of the militia being ett* tnistod to the State governments, we shall give our frequent attention to objects so essentially connected with the public safety. We fully agree with your excellency in opinion that there h no subject of State legislation inore important to the preser- vation of our free governments, or more interesting to the hap- piness of society, than the instru<:tion of the people, and par- ticularly the education of youth. It is not enough to instruct children in useful learning; it is of still higher concern to ha- bituate them to restraint ; to form their tempers and manners by the principles of bct^evolence and justice; to awaken the useful energies of their understandings ; to cherish the tirtu- ous propensities of their hearts, and to teach them the import- ant lesson of self-command ; — thus educated they seldom fail to make quiet and useful members of society ; while those, who are idle and unrestrained in early life, generally become turbu- lent and seditious at mature age.. Our wise and pious ancestors were strongly impressed witli. the importance of this subject. Scarcely h;ul they reached this then inhospitable shore, when they provided schools for the education of their children in literature and in the principles of religion and morality. They early founded the university at Cambridge, to which our country is indebted for so many great and useful men. We consider the civil and religious iut stitutions, which we have inherited from those venerable an- cestors, as invaluable. To those institutions^ under Divino Providence, we ascribe the present honourable and prosperous condition of this commonwealth. We therefore esteem it our highest wisdom to cherish, and, if possible, to improve them ; and one of our first duties to transmit them unimpaired to our posterity. We arc deeply impressed with the importance and neces- sity of providing for a due observance of the Sabbath, whiclv we consider as essentially connected with the preservation ot religion ; the only sure foundation of human virtue and happi- ness. If our laws, in this respect, are defective, we Avill en- deavour to amend them, paying, at the same time, that regards to the rights of conscience, which a wise and liberal policy, ftss well as our State constitution, recommends. 4€' • • • •' Em-y one must acknowledge that public worship is use* ful, even as a school of good manners, and of decent and or* derly deportment ; and that the meeting together of the people to be instructed in their religious and moral duties, and to con- template the wisdom and goodness with which the Almighty governs the world, must tend to impress on their minds tha? re- verential love for the Supreme Being, which is the highest and noblest motive of human actions. K any of the towns or plan- tations in the commonwealth are unable to provide the means of instruction for their children, we conceive that the public good requires they should have such assistance, as may be re* quired for this purpose. We doubt not your excellency's ready concurrence in every measure conducive to the public ^A'elfare, which the legislature may deem it expedient to pro- • »«•»•« • » *y HX8 txcELiiPNCY CALEB STRONG, isquire, Govertwur of the Commonwealth of Masiachmetts.,. A PROCLAMATION For a BAY of PUBLIC THANKSGIVING, AS we are under the highest obligations for the goodnest of the Supreme Being, in giving this land to us and to our fa- thers— in upholding our lives with a rich variety of his bounty — in appointing his Son to lay a foundation for our happiness, and in bestowfng numberless favours upon the people of this State in the course of the^last year ; it becomes us, at the close of it, t« render onr joint tribute of adoration and praise to that great and constant Benefactor, who has daily loadedus with benefits^, and who pours comforts upon all that live : Iheretqre, with the advice and consent of the Council, X appoint Thursday, the twenty-sixth day of November next, to be observed through the commonwealth, as a day of publick thanksgiving and praise ; and the ministers and people of ev- ery denomination are requested to assemble, on that day, in their respective places of publick worship, that we may devout- ly present to the Lord our Maker the affectionate gratitude of our. heiuts, for all the goodness whicU he has caused to pas* 47 • • • • «ELIVERFD JANUARY 15, 1802, Ce?iflemen of the Senate, and Gcntltnien oj the House of Representatives^ WE have the satisfaction to reflect, that the public peace ond order have been preserved during the last year; and we contemplate, with )->]easiiig anticipation, the growing strength and lespecttibility ut the Slate. We possess a healthy and ex- tetisivc territory, which is rapidly inocasingin population, aqd is accommodated with circumstances favourable to agriculture and commerce. Our ships visit every part of the world, and bring home the [)roducts ot every ct»untry; we are blest with a government of our own choosing, which secures the most per- fect freedom of which men in society are capable, and afforcfs equal protection to the person and property of every individual ; and we shall be as happy, as the nature and condition of men will permit us to be, il we make a wise improvement of the fa- vours we have received from Heaven. But the prosperity of the people is inseparably connected with purity of manners and thcirpractice of the moral virtues ; when these become extinct, their happiness mil be at an end. 49 'The increase of wealth in republicks has often endangered the ^virtue of the people ; so long us it is employed for useful purpo- ses, it contributes to the strength and security of the State ; but those, who bave observed its effects in other nations, will perceive the importance of guardi-ng against the abuse of it ; lest a departiire from tli€ simplicity of ancient manners should be followed by criminal luxury and dissipation, and the loss of moral and religious priwciples. If wealth introduces a- vain profusion in the various modes ©f expense ; if it excites an eagerness for diiisolute pleasures and frivolous amusements; it will corrupt the manners, and vitiate the taste, of the people, and lead them into criminal excesses of every kind ; the rich will be considered as patterns of imita- tion by those of moderate fortunes, and these will be followed by others of still less ability ; aiid thus many will ruin them- selves by a profusion, for wJiich no one will feel himself obliged ; or will support their extravagance by unworthy practices ; and make good by fraud and rapaciousness what is lavished in va- nity ; in either case, if the evil is extensive, the ruin of the Slate becomes inevitable. We ought then to be solicitous io preserve the habits of in- dustry and temperance, in which we have hitherto prospered, and to inspire our fellow citizens with a love for the frugality -of primitive manners.; while these liabits continue, the people will make advances in agriculture and the valuable arts, and will think their chief happiness is involved in the public welfare; our religious and literary institutions will be supported and che- viished ; and improvements will be- made in aqueducts, bridges ^nd highways, and other useful accommodations. In the flou- rishing periods of the ancient republicks, and even when sump- tuary laws restrained the vanity, and controled the appetites of the citizens, they adopted a style of magnitjcence in their • publick edifices ; and if a spirit of union prevails among our fellow-citizens, and their views are directed towards objects beneficial to the commonwealth, the government, by using a prudent economy in the administration of the revenue, will be able to adopt a like style in public buildings, and whatever is ^conducive to the honour of the State and the general conveni- ence of the people. 50 • • • • With the iiicreas* of inhabitants wc arc to expect thi«t crimes will multiply iu proportion; and it is therefore of ii>- creasing importance, to render that branch of our law, which relates to crimes and punishments, as perfect as may be. The frequent escapes from the gaols in the several counties show the necessity of making some further provision, for keeping those oti'enders safely, who are sentenced to a long imprisonment^ for, if any hope can be entertained of an escape, the sentence will make but a feeble impression on the mind, and be of little use in preventing t^iture offences. A great proportion of crimes are the effects of idleness ; and it seems peculiarly pro- per therefore to punish them by conhntynent to hard labour,; that offenders, while they are prevented from a repetition of thei^- crimes, may be compelled to acquire new habits, and con^ tributb somethmg to the good of society ; to this end, our laws have in many cases prescribed that mode of punishment ; and yet, from the time that Castle-Island was ceded to the United States, no place of confinejnient to labour, has been provided by the commonwealth. By a resolve passed about two years since, a committee ■was appointed to select and procure a piece of land in Charles^ town, and to erect a. State prison thereon, provided the expense should not exceed thirty thousand dollars ; the first part of this commission has been performed : but the latter, owing probably to the limitation of the expense, remains wholly uw- executed. Soon after tlie cession of Castle-Island, ordinance and military stores, the property of this commonwealth, were delivered to the agents of the United States, at an appraised value of more than forty thousand dollars ; if payment of this sum is obtained, it appears probable, from the accounts exhib- ited by the treasurer, which will be laid before you, that a State prison may be erected, w^ilhout any addition to the usual taxes. The genius of our laws is mild, and the crimes for which, the punishment of death is inflicted, are few ; but perhaps eveu this small number might be lessened, by changing the punish- ment of death to solitary imprisonment, if convicts could be restrained, without any hazard of escape^ and be wholly seclud- ed from that society, whose peace theix criminal coiiduct would endanger. 5*f • • • • Agreeably to the resolve of the ip^h J'une last, two per- sSDns have been appointed to survey and lay out the land referr- ed to in that resolve ; or so much of it as shall appear to be necessary; but their service is likely to be inconsiderable, for in the applications by the soldiers and their legal representa- tives, for the benelits otfcred in tlK". resolve, the- pecuniary al- lowance has in almost every instance been preferred to a grant of land. Many of you^ gentlci?!en, from a long acq.uaintance with the public concerns of the State, will readily distinguish the proper objects of legislative attention ; arid 1 shall cheerfully concur with you in any measure that may tend to encourage agriculture, and the liberal and mechanical arts ; to promote rbe most equal and speedy distribution of justice ; to render our militia a still more respectable force; to provide for th(* equal apportionment of taxes ; and to preserve and establish the public credit of the S=tate» But youvvill permit me to ob- serve, that frequent and unnecessary alterations of the law are inconvenient, as they lead to the supposition of inconstancy in the government, and render it more difficult for the citizens to understand the rules by which they are to be governed. The best laws are not exempt from inconveniences ; but, when those of long standing are repealed, the regulations, which are substituted in their place, are often attended with still greater defects. The valuation, in which some progii?ss has been made, is an interesting subject, and requires much discernment in ascer- taining tacts, and much candour in deciding upon them. Rut I trust, that, by condescending to the opinions of each other, aiid giving due weight to every suggestion, you will be able to proceed with facility and pleasure, in completing this import- ant business. And I flatter myself, that no difference of senti- ment will impair the harnwny of the session; and that we shall have the pleasure at the close of it to reflect, that, by our u- iiited and faithful exertions in the public service, we have sup- ported the re})Utati(.n of the government, and promoted the imppiness of the people. CALEB STRONG. 5^' ANSWER OF THE SENATtE. M'ai/ it phase your Excelltncy.)^ IT is with the most ])leasurable sensations that we reci-r- procate the gratulations of your excellency on the augmented strength and prosperity of this commonwealth. The duratior^ of the peaceful, free and flourishing government we enjoy, de- pends, we are sensible, upon our steady adherence to its origi- nal principles, and a wise improvement of the advantages-, with which we are indulged by the benignant Providence of the supreme Ruler of nations. That the prosperity of a people essentially depends on pu-r rity of manners, and the practice of the moral virtues ; and that a departure from these, followed with luxury and dissipation, will produce evils, destructive of the general welfare, .are truths^ which the history of every age will evince and contirm. While our fellovz-citizens shall continue to reverence and support the religious, literary and moral institutions of their ancestors, they will naturally be led to direct their views to every object beneficial to the State ; and, v/ith an united and active patriotism, will cheerfully acquiesce in those measures, which tend to multiply the conveniencies of the people; main- tain the credit, and enhance the character and importance of our common country. The observations of your excellency on our system of cri- minal justice, and the necessity of a State prison, will engage our particular notice. Whether the fund created by the sals of the military stores at Castle- Island may not, with peculiar propriety, be applied to this purpose, shall employ our delibe- rate consideration. Policy points to the reform, and humani- ty to a suitable provision for the employment of those despe- rate men, whose outrages on the peace Rud safety oi society have justly deprived them of its rights. While we express, Sir, our perfect confidence in your as- surances of a prompt concurrence in every legislative act, that can pTOmote the publick welfare, we cannot but subscribe to^ 55 tile justness of the sentiments, that too frequent alterations of the laws are attended with weighty inconveniences; they cre- ate an itiea of inconstancy an;l uncertainty in the acts of go- vernment, and of course a disrespect to its injunctions. The very interesting subject of the, valuation will necessa- rily engross much of our time. And we trust that such a spi- rit of concession and candour will prevail,- in the discussion of this complicated business, as to facilitate its completion ; and that at the conclusion of the session we shall separate with a consciousness of having niiide the public good, and the best in- terests of our constituents, the great objects of our attentioi). ANSWER OF THE HOUSE. May it please your Excellency ^ ■ WE reflect with the highest satisfaction, that public peace and social order continue to be preserved through the blate ; and we contemplate with pleasure the rapid increase of our po- pulation, the flourishing state of our agriculture, and the con- sequent extension of our commerce. These blessings we con- sider as the fruits of the happy systems of government, State and national,^ which through the peculiar favour of Divine Pro- vidence we are permitted to enjoy. Governments founded on the representative principle, where the officers who administer them are the objects of the choice and confidence of the ma- jority of the people ; — where the electors, and those elected to office have one common interest, and where equal protection is afforded to the person and property of every individual. Un- der such governments, and laws thus made, every interruption of social order would be a disturbance of the general happiness, and every breach of publick peace a violation of civil liberty. We concur with your excellency, in the belief that the preservation of these governments and the continuance of our ijappiness under them most essentially depend on the practice E 2 5^ • • • • of all the moral and social virtues. To promote this object^ it" becomes the duty of the legislature, by the tendency of theiK laws, to confirm and extend the liabits of industry, temperance and frugality among the people ; to advance the interests of ar griculturc, and the valuable mechanick arts ; to encourage in- dividual enterprise in works of publick utility ; to support and cherish our religious and literary institutions; to protect the sacred rights of conscience; and finally to preserve the union of our confederated republicks, as the anchor of our present hope, and the ark of our ultimate security, as a nation. We cannot but flatter ourselves, that, while the precepts of our laws shall continue to promote virtue and discourage vice, to enlighten, inform and employ the publick mind, the increase of wealth in the State will not, as in the ancient re- publicks, corrupt the manners, and destroy the freedom and happiness of the people ; but will, under wise and frugal ad- ministrations of our State and Federal governments, be direct- ed to useful purposes, and contribute to the strength, harmony, and beauty of the whole. But if the melancholy period must arrive, when the majority of a people, thus blessed with the privilege of self-government, and thus secured in the enjoyment of it by internal strength, and the genius of laws, which are an appeal to their reason, and not to their fears, a guard to their virtues, and a check only to their vices, — shall neglect to prac- tise what their laws inculcate, they will indeed be lost to all sense of their own happiness, and must inevitably fall, with their liberties, a prey to despotism. With the increase of inhabitants, we must naturally ex- pect^ that crimes will proportionably multiply, unless from an improvement in legislation, and the amelioration of the penal cods?, it should be found practicable to create new impressions en the minds. of that miserable class> of the people, who are principally the objects of publick punishments, or at least to oblige them to expiate their offences by solitary labour, and thus restrain them from endangering society by a repetition of their crimes. To render that part of the publick laws, which relates to crimes and punishments as perfect as may be, wil! therefore claim the sarious attention of this branch of the le- gislature* • • •-• In the erection of publick buildings, it has always been the ' disposition of the house of representatives, to finish them inra.'. style, alike conducive to the honour of the State, and accom- modating to the general convenience and ability of the people. The erection of a State prison, for the confinement of convicts- to hard labour, has lon^g been an. object of attention in this house ; and we feel obliged to your excellency for your parti* Gular statement of the progress of that establishment, and the suggestion of probable funds to complete it, without any im- mediate addition to the usual taxes. The other subjects recommended in your excellency's - communication will be duly attended to on the part of the house of representatives. Although the valuation is a subject highly interesting -to ■ the citizens of every part of tliie commonwealth, yet we trust, that the spirit of mutual candor and condescension will so far prevail in deciding upon it, that it will be completed with fa- cility, and to general satisfaction ; — and that, at the close of the session,- we shall be able to reflect, that, by faithful exer- tions in the public service, we have supported, the reputation of the government, and promoted the happiness of the people. We cannot omit, on the present occasion, to offer to your excellency and the public our sincere congratulations upon the return of peace in Europe, as an event in the highest degree in- teresting to humanity, and favourable to the ultimate estab- lishment of those great principles, moral, political and religi- - ous, on which the happiness of the American people so essea-^ tially depends. . < 56^ • • • • BOUSE OF REPRESENTATIVES, Felruari^ li, i802. The secretary delivered the following messaee from the governour :-r- ° ^ Gentlemen of the Senate, and Gentlemen of the House of Representatives y THE commonwealth has lost one of its best and ablest mends by the death of the lieutenant-aovernour.* Hedied Yes- terday about two in the afternoon, and his family propose that his funeral shall be attended on Monday next at two o'clock A long and intimate acquainta.Tce with him enables some of us to bear testimony to his distinguished merit. He was solici- tous to preserve the good order of society, and to exhibit to his felow-citizens jv pattern of every civil and moral virtue,-^ Without any solicitation on his part, he was many years elect- ed a member of the senate, and presided in their deliberations mth candor and dignity. In. the office of lieutenant-^overnour he secured respect by a mild deportment, resulting from the testimony of a good conscience. He was firm and inflexible whenever the interests of the commonwealth were concerned • and he acquitted himself with honour in all the offices com^ded to him by the publick, and in all the relations of private life, I shall be ready to join with you, gentlemen, in any tri^ - bute of esteem and respect,. which you may think due to hi* pjjiblic services. . CALEB STRONGi *- His honour Samvsl Phillips, Esq, of Audovcr, in th^ county of Essex, BT BT HIS EXCELLENCY CALEB STRONG, ESQUIUBV. Governonr of the Coinmonwealth of Massachusetts, A PROCLAMATION For a DAY of PUBLICK FASTING and PRAYER. THE religious principle of veneration for the Supreme Being is inherent in our nature and essential to oar hapjjiness; and our ancestors, from- a just view of His providential govern? ment, and their own frailty and dependence, applied to Him in all their necessities and dangers, and with united supplica- tions addressed Him at this season of the year, for His protec- tion, and the supply of their wants : And, as we are unworthy of His regard, and our circumstances depend entirely upon His pleasure, it is our duty and interest to imitate their examplei to confess our sins with true repentance, and humbly to in treat the Divine bles=ing upon us in the course of the ensuing year. I do, therefore, with the advice of the council,, appoint Thursday, the eighth day of April next, to be observed as a day of publick fasting and prayer throughout this commonwealth; and do recommend it to the ministers and people of every de- nomination, to meet together on that day, and with huniblc and contrite hearts to confess their manifold transgressions ; t& implore the protection of that Almighty Being, who, in wisdom and mercy, presides over the universe ; and to beseech Him^ that he would continue His favour to us ; — that he would give uisdom. to our counsels and improvement to our virtues, and bless us in all the work of our hands; — that the president and congress may employ their talents and power to promote jus- tice, and establish the union and tranquillity of these States ;.'. and that all their measures may tend to the publick happiness ;.- that those who are in publick office in this commonwealth may be Solicitous to preserve the peace of society, and maintain the respectability of government, by a prudent and impartial con- duct, and a faithful application to the duties of their several, offices ; that the people o\' the United States may respect the authority of the laws and magistrates^ and yield them a just and reasonable obedience, and that the privileges by which we. are distinguished from other nations, may be improved by us, as a rich inheritance, and be transmitted without dimiuutioa. • • • • to our tK)sterity ;—- that tlie ntinisters of the gospel may bded patriotism degene- rates into an eagerness to support party principles ; and, in or- der to influence opinions or measures, or to retaliate supposed injuries, they have no scruple in violating the plainest rules of H your re-o cction to the hrst office of thi. comnionu-ealth. And however delicate or arduous may bethe duties, Mliich you are called to perform, we doubt not they will be discharged v.hh that uMsdom, impartiality an.d regard to the best interests of your constituents which have hitherto marked your publick con- duct and secured to you their esteem and approbation. In all our deliberations we shall endeavour fo keep oivr excellent constitution steadily in view ; to make it the rule and guide of our conduct; and we hope, that all our measures ^^ ill tend to promote the invaluable objects for which it was ordain- ed and established We are sensible that government is neces- sary tor man; without it he cannot enjoy the blessinos of so- ciety And It is with gratitude we reflect, that the ciSzens of the United States are blessed with the freest govermnents on earth ; which emanated from themselves, ,.m\ are administer-' ed by men of tneir own appointment. To prove thesuperioi- ity of these governments; to preserve and perpetuate them ; to transmit them unimpaired to the latest posterity, mnst h^tU highest ambition of every honest citizen. With your. excellency we feel the necessity and importance of preserving the union of these States. On it, under Divine xiovidencc, depend our respectability and safetv, as a nation and our happiness, as individuals. Incalculable are the evils which might flow from their disunion. It is therefore the duty of ail, but more especially of those who are placed in nublick ofhce, to cultivate and cherish such a spirit as will bc^t tend to avert an event so justly to be deprecated. As thebest mean however, of perpetuating our union, the citizens of the United Mates should be impressed with a due sen=e of the importance ot preserving the federal constitution inviolate. To strengthen our nation^il union, to give stability to th® constituuons, which we have in the most solemn manner en- 0+ gaged to support ;" to promote a generous conficlcnce in thos^,. who are called to administer our governments, and at the same time a vigilant attention to their measures of administration, are not less the dictates of interest, than of duty. We trust, that tlic good sense and patriotism of the people will forever preserve the )>riiici} les of our constitutions from violation; and, if, under the influence of party zeal, or a mistaken desire to pi'ornote the public good, any acts should ever be passed in- consistent w.irh those principles, that they will not obtain the sanction, of time. And we deem it propter oiv this occasion to declare, tiiat we consider an independent judiciary as one of the best supports, and most essential attributes of a free govern- jnent. The experience of all a'^cs has proved that there is no evil, to which free nations are more exposed, than the prevalence of party spirit. It is, perhaps, the necessary offspring of free go- vernments ; but it frequently proves their bane and destruc- tion. It is incumbent, therefore, on every good citizen, care- fully to watch over and suppress such a spirit in himself ; to irown upon and discountenance it in others. They, who, to promote party purposes, or to raise themselves to office, invent and give circulation to tales of calumny, respecting publick characters, whatever may be their professions, must have hearts totally devoid of every truly virtuous and patriotic principle. They not only injure the persons, whom they calumniate, but they do an irreparable injury to tiie community. They dis«- courage good men from accepting offices of trust and respon- sibility. They introduce m.en unprincipled and regardless of character in their stead. They thereby pave the way for the destruction of oUr present free government, and will enable some^ popular and successful usurper to establish his empire on their ruins. We flatter ourselves, that the mildness of the A- jnerican character and the good sense of the people, will pre- serve them from these evils ; but it ought to be deeply impress- ed on their minds, that the only way to avoid the calamities, which have befallen other free n.ations, is to avoid their errors. The several subjects, which your excellency has pointed out for our consideration, and any subsequent communications,, which you may be pleased to make, shall meet a prompt and lespectful atieiition. We shall endeavour to expedite the pub-- • • • • lick business by an assiduous attention to it. We doubt not your excellency's disposition to render the session agreeable to the members of the government, nor your ready concurrence :n every measure calculated to promote the publick good. ANSWER OF THE HOUSE,- ]ilai/ it phase your Excellency, THE house of representatives receive, with pleasure an.l respect, the address of your excellency to both branches of thor legislature, and offer in return their sincere congratulations, up- on the recent instance of the high esteem and increasing con • fide nee of the citizens, manifested in the late election.' We are fully aware of the delicate nature of that portion of your excellency's du-ties, which regards appointments to of- iice, and firmly believe that, in the selection of can(!iduter:, your excellency has been unitV^rmly actuated by the most im^ partial view tease of commerce, the blessinfrs of so- • Cricty and friendly intercourse may be extended, and p'^rovision made for the universal spreading of divine knowledge; and that- all opposition to th^ cause and interests of the llodeeiiier may appear to be in vajn, an! His kingdom triumph over all its en"- fmies. And the people of this State are requested to abstain from.- labour, and such amusements, as are inconsistent with the so- lemn services of the said day. Given at the Council Chamber inBostoH, thi« twen- ty-second day of October, in the year of o-r l.r^rd one thousand eight hundred and two, and iv. the twenty-seventh year of the independence oi the United States of America. -,\. ^ CALEB STROKGv Bp /its Excellency's command, with the \ advice and consent of Council. \' JOHN AVERY, Secretcrr k>\JD save the commonwealth of Massachusetts. % SPEECH DELIVERED JANUARY 14, 1803. G€?itkmeti of the Senate, a?id Gentlemen of the Home of Representatives^ QUR fellow-citizens, during the last year, have pursued- their employments with industry and success. No events of an alarming nature have happened to disturb the peace of this State ; and, if a spirit of competition appeared in the late elec- tions, it seldom proceeded to injurious lengths, or transgressed, those bounds of decency and moderation, which will ever be re- spect\2d by a virtuous and enlightened people. This state of society is favorable to publick happiness, and. must give peculiar pleasure to you, gentlemen, as it prevents the embarrassments, which you might experience in a more unprospcrous condition, and renders 3'our legislativ*,. ^iities easy and agreeable. While, in other nations, the attention of their governments has been necessary, to secure the people a- gainst the danger of want; in this State, the productions of the soil, by the favour of Divine Providence, have been abun- dant, for many successive years. The lands in this commonwealth, in almost every instance,, may be rendered fruitful, and prove a source of increasing wealth and plenty. By their improved cultivation, the people may not only be furnished with the necessaries and delights of lite; but will be able to relieve the wants of other countries, where a deficiency may happen ; where the inhabitants are so numerous, as to consume agreater quantity of provisions than their land commonly produces. Agriculture merits the attention of government, as one of the most essential articles of wise and useful policy. Happily fwr mankind it is a pleasing and healthful employment. Na object of industry is more worthy of our application, or more *Mi table to our nature : and no one is more conducive to sa- ^ • • • • ^rjcty and all kinds of virtue. In every wcii regulated Statr, It has been patronized by those who administered the govern- meiit. It was respected by our ancestors, and it wo^uld be unfortunate, if their posterity should ever think themselves de- graded by an employment that is so useful, and so well adapted to preserve ir.nocent and virtuous manners. The labour, which IS employed in clearing uncultivated lands and makina them productive, is obviously beneticial to the publick. ft teiids, perhaps, more than any other, to increase the agarecrate population of the State, which is an object of great political consequence; and it must afford the most pleasing reflections to the individual cultivators, when, by their industry, they hav« turned a wilderness into a fruitful iield. Since the commencement of the late war, the foreign de- mand for provision has amply rewarded the farmer's ind'ustry ; and the expectation of that demand has occasioned uncommon exertions to supply it. In this way Ave are indebted to com- merce for the increase of industry, as well as for its recom- pense. We have hitherto found a market for any quantity of produce we could raise, beyond what was necessary for our. <»wn consumption. The price may be reduced in consequence i>i ihep.acein Europe, and there may hereafter be occasional interruptions to the demand abroad,which may produce incon- vemences. But, as our exports are, for the most part, ei- ther articles of food, or materials necessary for the manufac- tures of other nations; there is some ground to expect, that- their price, will generally be in a reasonable proportion with that of the commodities, for which they are exchanged. To guard against the inconveniences I have mentioned, and to insure a dem.and for the produce of our soil, which will not be affected by external events, and at the same time to render us less dependent upon foreign nations, it is wise policy to encourage our own manufactures. The dispositions of men are suited to different kinds of industry ; and, though the pursuitsofagriculture are agreeable to a great part of Ihem, yet some are averse to this sort of labour ; and others, either from nature or accident, are rendered incapable of supporting it. These, however, may be equally useful to the publick, by i^mployingtl'.eir talents in mechanick and manufacturing occu-' pi^tions. Our own country is capable of supplying the'' mate^ -' 71 • • • • rials for almost every kind of useful maBufactures ; and it rs «X)Ur duty and interest, to derive all the advantages in our pow- er from this tortuiip.te circumstance. A valuable part of the articles exported from this State is furnished by the fisheries ; they therefore claim particular attention. But, though, from our situation and habits, we are most directly interested in their succe:ss, they will ever appear to be of great importance t& national security, when a system of maritime defence is contemplated. These" and other branch- es of useful labour, which have relation to the means of pub- lick safety, will, we presume, receive from the national legisla- ture, the degree of protection and patronage, which their im- portance requires. The duties, imposed by the general government on the im- portation of foreigti articles, operate as a bounty upouiour own manufactures. But still it may be requisite for the State gov- ernment to do something to encourage this species of industry, and even to afford pecuniary assistance to persons, who are en- gaged in introducing new branches., or in prosecuting those, which areeminentl^ useful. In general, however, when a man- ufacture is established, its continuance must depend upon the profits arising from it ; if they fail to defray the expenses, it is an indication that the labour ought to be applied to a mor« beneficial purpose. The success of manufactures depends in a great measure on the manner, in which the work is executed. A want of integrity in the persons concerned must eventually prove de- structive to the branch in which they are engaged ; and, when the individuals are numerous, the careful attention of the legis- lature will be necessary, to prevent discredit to a whole class of men by the frauds of a few. To this end our inspection laws have been framed ; and, if carried faithfully into execu- tion, and extended, as there shall be occasion, to other objects, will be of great use in improving the quality of our manufac- tures, and preventing those deceitful practices, which would destroy their credit. It has been often said, that our manufacturing establish- ments will not succeed, so long as labour is at the present high price. This observation is not confirmed by general ex- perience ; for in many instances they are now in a flourishing 7t » • • • and progressive state. Onr domestick manufactures are alse of very great importance, both to publick and private prosperi- ty ; as they furnish a large proportion of the necessary articles of clothing and furniture, they are entitled to every degree of encouragement, and no friend to his country will despise or undervalue them. An increase of the manufacturing and commercial interests manifestly tends to a flourishing state of agriculture, by increas- ing the demand for the surplus produce cf the land. These several interests are mutually dependent, and there seems to be no cause of jealousy between them. A wise government will direct and guard them with an equal hand. It will be the constant object of such a government, to excite and pre- serve a spirit of industry among the people, by assisting them to gain a reward for each kind of labour. Industry may then be left for the most part to its own direction. The people will divide themselves into different professions ; their discernment will enable them to make a prudent choice ; and lead them to pursuits, in which their private advantage and that of the pub- lick will concur. In compliance with your request in the resolve of the 23d «f June, I transmitted to the president of the United States a statement of the proceedings concerning the ordnance and mil- itary stores, which belonged to this commonwealth, and were taken for the use of the United States ; and requested payment of the monies due for them. 1 received an answer from the president, and have also received letters from the secretaries of war and of the navy on the same subject. The council did not think it expedient to agree to the proposal made on the part of the United States, and advised me to lay the papers before the general court, that they might take such measuies in the case, as they might think proper. Together with those papers the secretary will lay before you a letter, whi<.h I received from the attorney-general, inclo- sing copies of the rule and award in the case of the common- wealth against the town of Boston, conceriiing the old state- house. He will also deliver you attested copies of the proceed- ings in two cases in the supreme judicial court, holden for the county of Hancock in June last, which were forw&rded to me by the solicitor-general, that they might be submitted to your inspection. 75 • • • • TKis session commences wiih a fair proscect of concord md usefulness. I hope that nothing w.u'happen ro inter 5 the good agreement ; and that we shall prove ourselves worthy of the cojjhdence. which our fellow-citizens have reposed in J by endeavouring to secure to them all the advaniires, which their situation will admit ; and by redressing, as far as it is ia our power, the evils, of which they may have reason to com- CALEB STRONG. ANSWER OF THE SENATE. May it please your Excellency, IT is with the most grateful sensatfons, that the senate hasten to reciprocate your excellency's sentiments on the peace- ful and prosperous situation of this commonwealth, and in finding themselves enabled to discharge their ordinary legisla-. tjye duties, without any public-k embarrassments, fi.cal neces- sities, or contrarient interests, to divert their attention from the provisions necessarily promotive of the individual and geaeral .happiness of our constituents. Ihe larfe European war has brought into the most exten- sive operation the natural products of our country, and expe- rimentally tanght us th« sound results of industry and Jod husbandry, in the advancement of commerce, the vast increase ot provisions, and with them those comforts, that unite to ren- tier us a flourishing people. If, in a government free as our own, the liberties of the •press, and our very frequent electioneering contests, tend to [.rovoke party rancour, and keep the publick pulse in a febrile state, we can only regret them, as the drawbacks of freedom, iiecessaniy attendant on unconfmed discussion, and of a nature ^'hich a more extended experience and a more improved state ol society, we hope, will correct. G 74 • • • • . ' The papers referred to in your excellency's connmnnic»- tion shall meet ail the attention, vvhich their circumstances re- quire. And we trust, that a spirit of candour and concord will so pervade the diHerent branches of the legislature, during the whole of the session, as to promote the real interests of that community, who have confided to us the sacred trust of guard- ing their rights, and extending the general prosperity^ ANSWER OF THE HOUSE. May it please your Excellency^ THE house of repreiicntativcs partake, with great sincer- ity, in the satisfaction expressed by your excellency, in con- templating the peaceful and prosperous condition of the Stat^. We rejoice, that the spirit of competition, in the late elections, has not transgressed the bounds of decency and moderation. A regard to these -principles in the exercise of the right of suf- frage will preserve us from the influence of passions, which, in elective governments, so often injure the cause of freedom, by expelling from the service of their country its best and most approved friends, and confiding power to the hands of unprin- cipled and <:apricious leaders, who disguise, in the specious garb of reform, delusive innovations, which flatter, while they ruin, a nation. The intimate, connexion and mutual dependence of agri- culture, commerce and manufactures, so justly delineated by .your excellency, cannot fail to attract the attention of every wise government. It is by affording an impartial patronage to all these interests, that each is rendered capable of extending itself to the full scgpe of its natural limits, and of producing. a beneficial re-action. upon the others, by which tht Joint etFoits and industry of the community are rendered productive of the greatest possible results. In legislating upon these important subjects, we shall keep in view the .principles advanced by 75 ^ur excellenfy, and endeavour to apply thenr with success. We perfectly assent to the position, that no just cause of jea- lousy exists between them, and we disclaim all visionary sys- tems, which would represent any one class of citizens, as th« peculiar favourites of Divine or human legislation. The advantages of an extensive and prosperous commerce have been eminently realized, during the late European war, by ready markets and high prices afforded to our produce ; by improvements in the science and practice of agriculture, and by the great increase of commercial capital. From the sudden termination^ of hostilities, much embarrassment and inconve- nience were naturally apprehended by the farmer and the n^er- chant. But, although the rapid accumulation of wealth has been checked, and new modes of employment must be devised for a portion of that already acquired ; yet experience thus far has demonstrated, that no inconvenience has resulted from the peace, sufficient to damp the consolations of humanity, or the pleasure arising from the consciousness of security. The peo- ple of this commonwealth have retained their moral habiig, their religious institutions and their political integrity. Gene- ral plenty, competence and unexampled prosperity, have also justified the wisdom of that policy, which preserved to us pcac« with all nations, filled the coffers of our national treasury, en- abled this commonwealth to reduce its debt, and augmented our population and resources beyond the most sanguine calcu- lations. We sincerely unite with your excellency in the benevolent hope, th^U the business of the sessions,, so auspiciously commen- ced, may be conducted in a spirit of harmony, and that all our measures may indicate an anxious desire to prove ourselves worthy of the contidence of our fellow-citizens, and to secur© t« them^all th« advantages, which they are entitled to expect.' re BY HIS EXCELLENCY CALEB STRONG, ESQUIR2V Govemour of the CommmweaUh of Massachusetts. A PROCLAMATION For a DAY ./ PUBLICK FASTING and PRAYER. A BIMIEF of the agency of the Supreme Being, in de- fennining the condition, as well of States as individuals, inda- ced our pious forefathers,, at the beginning of each year, to ap- point a day of pubiick fasting and prayer ; that, in joint acts of devotion, they might acknowledge His providential govern- ment, and implore His blessing on their pubiick measures and private concerns.—This practice, which is coeval with the set- tlement of the State^ has been retained to the present time, and. 15 still recommended by its own propriety. Hierefore, by the advice and consent of the council, I ap- point Thursday, the seventh day of April cext, to be observed as a day of fasting and prayer, through th« commonwealth- and request the ministers and people, of the different religious denominations, toassemble in their respective places of worship on that day;. — that we may offer unto God the penitent con- fession of our-sins, and our devout supplications for the bless^ ings, that are necessary for us ; and beseech Him, that, througk the merits of the Redeemer, we may obtain His forgiveness, and be enabled to render ourselves well pleasing in His siaht^ by presenting Him the service of pure and humble hearts";— that He would prosper the United States, and preserve and strengthen their union ;— that those who are in authority in the national and State governments, may rule with justice and impartiality, and make the lawsll^e standard of their actions ;— that the people, by a careful attention to their relative duties,, may render to every man, in every station and character, the- esteem and respect, which he justly claims ;— that every de- nomination of christiaws may prove the sincerity of their 'faith,, by such a temper and conduct, as the religion they profess was intended to inculcate and produce ; — and that we may all re- gard each others' circumstances with benevolence and com- passion ; and be indaced, from- a &€ns.e.of our need. of the di- 11 • • • • tine clemency, io exercise mutual charify and forbearance. --^ that He would save us from wasting sickness, and continue to us the blessings of health ;— that He would grant success to our husbandry, and cause the ensuing season to be favourable to the growth and perfection of the fruits of the earth ;— that He would continue to prosper our trade, manufactures and fisheries ;~that He would smile on the means of education, and that the instructors of the people and the preceptors of youth, may be eminently useful in diffusing knowledge, and promoting the interests of religion, good morals and well regu- lated society ^— that He would accomplish the predictions concerning the prosperity and increase of the christian church ; when the power and policy of its enemies shall be disarmed ; when truth and righteousness shall universally prevail, and all the ends of the earth shall see the salvation of God. And the people of this State are requested to abstain from such labour and recreation, as are inconsistent with the solemn services of the said day. Given at the Council Chanvber in Boston, thi« six- teenth day of February, in the year of our Lord, one thousand eii^ht hundred and three, and in the twenty-seventh year of the independence of the U- liited States of America, CALEB STRONG. £v 'hn T.xcelhncy s command, with the \ advice and c(m8tnt of Council, \ JOHN AVERY, Secretary. ^0D save the Commonwealth of Massachusetts. G2 7S SPEECH DELIVERED MAY 31, 1803. Gentlemen of the Sertate, and Gentlemen of the House of Representatives , WE are now entering upon the duties which, have bee«5h'> assigned to us respectively by our felloiv-citiz'?ns. Permits }i\e, on this occasion, to return them my sincere thanks for the repeated proofs of their esteem and confidence ; and to assure you, gentlemen, that I shall cheerfully concur with you in every prudent and saiuLary measure for the preservation of their rights, the advancement of their interests,, and the im- provement of their minds in wisdom and virtue. To yt^n, gentlemen, the legislative authority of • the com- monwealth is committed. In discharging tiiis important trust your deliberate reflections will be employed, to establish suc^ laws for the welfare of the State, as you may think necessary, to support and defend its government ; to protect pro])erty ; ; to cause jj/jrsonal liberty to be respected ; to improve our sys- tem of jurisprwdcnce, an:! provide for the impartial interpre- ialion and iaithful execution of the laws. An equal administration of justice is indispensably requi^ site, to preserve tije peace of the State and the rights of the^' 4'itizens. Impressed with the imjiortance of this object, the framers of our conslllr.tion were particularly solicitous to ■ ensure the indepeiuience of the justices of the supreme judicial ' court ; so that in their legal decisions they might be in no «langer of partiality Irom motives of private interest. It is • ihereTorc provided by that instrument, not only that they shall.; koid their offices s the^ militia of this commonwealth was never in a more respectable condition than at present. But, if any measures can be taken to carry the system into more complete effect, I have no^Joubt of your disposition to adopt tliem. Indeed it will always be necessary for us to cultivate the military art ; .not to enable us to commit outrages with im- punity, but to defend ourselves against the attempts of unprin- cipled and ambitious men, who consider all means as lawful, that promote their ends, and who make their glory consist in spreading misery through the world. In pursuance of the resolve of the 23d of last June, forsel-- lingthe powder magazine in Boston,- and erecting two others out of the town, a piece of land in Roxbury, being the principal part of the' i.sland called Pine-island, has been purchased for the use of the commonwealth, and a magazine erected thereon. It is proposed to erect the other with the materials of wh-ich the magazine in Boston was constructed, as soon as a suitable plat of ground can be obtained for the purpose. This course is thought to be most advantageous for the State, and will be pur- sued, if it is not disagreeable to the legislature. The treasurer will prepare for your inspection a statement, containing a general view of the debts of the commonwealth, and the sources of supply to the treasury. I hope that upon comparing the funds and revenues of the Stiite with the neces- sary expences, you will find, that provi'jon may be made for the pay merit of the remainiiig debt in the couise of the present jear, without exposing the treasury io embarrassment. Other circumstances, of which it may be proper that yoir should be informed, or to which your attention should be in- vited, will probably be the subjects of particular messages. The constitution of the State forms a common interest a- mong the people, and is designed to unite them in those friend- ly sentiments, that make society tranquil and happy. It se- cures to every man in the commonwealth an equal claim to social advantages ; every man, therefore, however limited his sphere of action, should contribute all in his power to the pub- lic good. The members of the government will on' their part thirik themselves obliged to encourage by their example, a love of order and respect for the laws; to endeavour to remove the grounds of discord and misunderstanding among their fellow- citizens, and cement friendship between them ; and to exhibit such patterns of purity in manners, and rectitude of conduct, as shall tend to promote the practice of religious, moral and social duties among all classes of the people. CALEB STRONG. ANSWER OF THE SENATE, Mai/ it please yovr Excellency ^ THE senate of Massachusetts take this opportunity to pre- sent their congratulation on your honourable re-election to the first executive office of this commonwealth by the voluntary suffrages of your fellow-citizens. Entering upon the legislative duties of the year, we accept with satisfaction, the assurance of your cheerful concurence in every prudent and salutary measure of legislation ; and, in return, we beg your excellency to be assured, on our part, of all that respect, support and confidence, which are due to the elected chief magistrate of a free people. The protection of property, the security of personal liber- ty, the support of government, and the improvement of our • • • t publick institutions, will, according to yonr excellency's recom,**' mendation, employ our deliberate reflections. An equal administration of justice is an object of primary importance. With a view to so desirable an end, our consti- tution has wisely provided, that the justices of the supreme ji-dicial court shall hold their offices during good behaviour, and that permanent and honourable salaries shall be estab- lished for their support ; we therefore, unite in the opinion, that their salaries, whatever may be deemed the reasonable a- mount thereof, ought to be permanent and honourable, and established by standing laws. We receive, with pleasure, your excellency's communica- tion of the letter of the president of the United States, written at the request of the house of representatives, for the purpose of stimulating the exertions of the State governments to carry into effect the national militia system, in order to be seasonably prepared for a vigorous defence of our country, if, unfortunate- ly, occasion should require : — And, although peace with all nations, on honourable terms, is the with and the interest of the United States, yet, as your excellency justly observes, it will always be necessary for us to cultivate the military art ;- not to enable us to ens;ao;e in wars of ambition or reveni^e ; but for self defence and the necessary vindication of our rights. 'I'he pre«-ent respectable condition of the militia of Massachu- setts is justly a subject of congratulation. Any additional measures to render this important institution still more effect- ual, will be readily adopted by t\r senate. The course pursued by your excellency, in execution of the resolve of the 23d of June last, on the subject of the pow- der magazine, is perfectly agreeable to the senate. Impressed u'ith a sense of the evils of a large publick debt, and the sound policy of a gradual, yet speedy extinguishment thereof, the senate concur with your excellency in the hope, that, upon comparing the funds and resources of the State with the necessary publick expenses, it will be found that pro- vision may be made for a payment of a part of the remaining debt of this commonwealth, in the course of the present year^. without embarrassing the ti-easury. Any communications, which your excellency may thinb^ proper to make^ will command our particular attention. »2' • • • • Witti your excellency, the senale recognize the duty of every citizen, in consideration of the equal rights secured by Gur constitutions, to contribute, ia his appropriate sphere of. qfCtion, to the publfck good. The individual members of gov- ernment, and all, who are placed in influential situations, are under peculiar obligations to encourage, by precept and ex- ample, the practice of social, political and religious duties; — to remove the grounds of popular discord and discontent ;— to promote a love of order, obedience to the laws, and respect for the constituted authorities of the national and State govern- ments ; to restrair? xhe rage of parties, and tranquillize the pub- lick, mind. ' ANSWER OF THE HOUSE. May it please your Excellency^ THE house of representatives receive your speech mtU- all the deference and attachment due to your character. Your re-election, as our chief magistrate, evinces the discern- _ ment of our fellow citizens, and is a just tribute to your talent*- and virtues. We possess entire confidence, that you will cheer- fully concur in every prudei k and salutary measure for the ad- vancement of their interests, and the improvement of their minds in wisdom and virtue. We are deeply and solemnly impressed with the impor- tance of rendering the judicial department as independent, as the lot of humanity and the state ol society will admit. The evils which arise from temporary grants, and which are en- creasing, from their repetition, will, unless speedily remedied, break down that essential branch of our government, which is a barrier against unlimited disorder. With these sentiments, the house of representatives will occupy themselves on this subject, and they will endeavuc to place the impartial administration of justice on the indepen- dent basis, established in the language and by the spjrit of our constitution. 83 • • • • The vie\\^ and habits of our citizens, for a long period, iiave induced those laws and regulations, which have conferred On our militia its present elevated reputation. But, if, upon a revision, it should be found, that further measures are necessa- ry, to render the system more perfect, we will promptly adopt them. The preservation of all that is valuable to man in a itate of society, indisof.nsably requires, that our government should possess such f -"langements and force, as should be ade- quate to meet and control those convulsive events, to which all .communities are liable. It is the ardent love of country, inherant in native breasts, cherished by valour, and braced by military art and science, that buoys a nation above all apprehensions of the consequen- ^ces of asserting its rights, or braving the attempts or assumption of internal or external enemies. It affords ur, therefore,, great satisfaction to learn, that the executive of the United States is endeavoring to rouse a nation- al spirit of defence; and we cannot doubt, that the general government will provide and organize every mean for the se- curity and protection of our property and of our honour at -home and abroad. Our citizens well know, by the experience of the opera- tions of our excellent constitutions, how to appreciate true hap* piness. Ages have passed, of which history has had cogni- zance, and time will continue to unrol its destinies, subject to the future observation of man ; but it may be fairly questioned, whether any people have existed, or will probably exist, in a state of society more perfectly in possession of personal liberty, and the honest acquisition and enjoyment of property, than the citizens of this commonwealth. It will, therefore, be the duty of the members of the government, to take every measure ia their power, and by their example to encourage a love of or- der arrd res})ect for the laws, and to remove all grounds of misunderstanding among their fellow-citizens, so that their present happy condition may be continued unimpaired, and pro- gressing in improvement. Any further communications from your excellency will b« i^ceived with the attention due to so respectable a source. t4, %Y HIS Ex^cELLENCT CALEB STRONG, esqui»% Governour of the Commonwealth of Massachusetts^ A PROCLAMATION For a DAY of PUBLIC THANKSGIVING, SINCE the Almighty has kindly i^:>uchsafed to preserve Ami prosper us another year, it becomes us, at the close of it, to repeat our grateful acknowledgments for the daily support and assistance, which he has imparted to us ; and, in imitation of the example of our forefathers, to unit* publickly in the so- lemn and delightful employment of celebrating His praise. Therefore, with the advice and consent of the council, I appoint Thurdayy the first day of December next, to be observ- -^d in this commonwealth, as a day of publick thanksgiving. And the ministers and people of different religious denomina- tions are requested to assemble in their respective places of worship on that day, that we may jointly pour forth the tribute of our gratitude in the most devout and fervent praises to God, and render Him our sincere and humble thanks for all the ne- cessaries and comforts, which support and delight our lives; — for His distinguishing goodness in exempting us from calamities which other nations are subject to, and granting us blessings to which they are strangers ; — for lh« peace and tranquillity we are favoured with ; — tor our civil and religious liberty ; — for the degree of health which He has been pleased to continue or restore to us, and for His mercy in preserving us from that fa- tal disease, with which some of the other States have again been visited ; — for the prosperity which He has afforded to our commerce and fisheries; — for His blessings on the labours of the husbandman, and the abundant supply of the fruits of the earth ; — and, above all, for the revelation of the gospel, and the benefits and consolations, which result from its doctrine* and promises. And, from a humbling sense of our unworthiness, let us unite in confessing nur multiplieti ofi'ences, and in earnest pray- er to the God of our fathers, that He would forgive us, and that His former kindness to them, and our continual experience of his favour, may establish our dependence on Him, and en- (orce our obedience to His commands; — ^tliat he -would bless the national and State governments, and direct the president and congress to such measures, as shall be conducive to the publick safct}^ and peace ; — that th« churches may be purified and enlarged, and attain the highest perfection of christian knowledge and virtue ; — that He would smile upon all our va- luable interests, and especially upon the means of religious in- struction, and the institutions which have been established to promote science and literature, and to form the manners and morals of the people; — and that, having enriched us with His Providential bounty. He would grant us those supplies of His grace, by which we shall be animated to the duties of life, and prepared for a state of perfect and endless felicity ; — that He would restore peace and mutual friendship to the contending nations of Europe ; — that the interest of true virtue and piety may flourish in all parts of the earth, and the minds of men be every where formed to rational devotion and diffusive bene- volence ; — and that the most distant and barbarous nations may seek their salvation in the grace of the gospel. And the people of this State are requested to abstain from such labour and recreation, as are inconsistent with the solem- nities of the said day. Given at the council chamber in Boston, this twen- ty-seventh day of October, in the year of our Lord, one thousand eight hundred and three, and in the twenty-eighth year of the independence of the United States of America. CALEB STRONG. ■ Bi/ His Exce!ienci/*'S cemntand, with tJte 7 advice and consent of Council, j JOHN AVERY, Secretary, iiCOD save the Commonwealth of Massachusetts M S6 • • • • SPEECH DELIVERED JANUARY 13, 1804« Gentlemen of the Senate, and Gent/e?nen of' the Home of Representatives, AT your farmer session, the season of the year preventeid your prosecuting the consideration of divers. subjects, which you tliought worthy of your notice ; in particuLar the state of the judicial department. I presume, that those subjects will now be taken up, and receive the degree of attention, they respec- tively deserve ; and I trust, that your deliberations on these and other matters that may come before you, will terminate in such measures as shall tend to promote the ease and hap- piness of the pc^ople. Since our last meeting, the situation of affairs in Europe is materially changed. A new war has been kindled between those nations, with whom we have the greatest intercourse j and we are again constrained, by the. principles both of human- ity and religion, to lanient the misery it must occasion ; even.if our own pecuniary interest is promoted by it. Indeed there may be a rapid increase of wealfh without an^^ addition to the publick happiness ; for riches, by their influence on the man- ners of the people, have sometimes proved extremely injurious to their virtue and safety. So long, however, as we claim and possess the advantages of a neutral character, it is our duty to abstain from all contraband commerce with the belligerent na- tions. If we attempt to convey warlike stores to either of them, or stores of any kind to a besieged place, we falsify the charac- ter we assume, and have no reason to complain if our property is seized and considered as lawful prize. But, in whatever manner our interest or private feelings may. be affected by the events that take place in Europe, the national government is exclusively authorized to regulate our foreign affairs, and guard against tliose projects of other na- tions, which may be tliought injurious to the honour, or dan- gerous to the safety, of the United States. We are therefore at liberty, as members of this government, to direct our whole aftentton to tliose poiafs which concern the internal welfafe and prosperity of the commonwealth. The respective States are indeed authorized by the constitu- tion to appoint officers, and train the militia according to the discipline prescribed by Congress ; and the faithful execution of this trust in each State is important, not only to itself, but to every other : it is particularly so, when the great powers of Europe aie at war. This subject was suggested at the former session, and you will now iiavc more leisure to attend to it. • A • law of congress requires that there shall be one brigade-quar- ter-master to each brigade, and one chaplain to each regime?>t of the militia : out no directions have been' given, in'' what manner they shall be appointed. Nor is there any express provision by our militia law for the removal of a non-com- missioned officer, who is guilty of misbehaviour, or is incapa- ble of performing his duty, excepting in the case of his receiv- ing orders to warn a meeting of the company, and neglecting to do it ; he is then subject, upon conviction, to pay. a line, and to be reduced to the ranks. This silence of the statute concerning any other mode of removal, has, I am informed, oc- casioned disagreeable disputes, which you will probably think it expedient to prevent in future. There has also, in some in- stances, been much difficulty in obtaining the service of a suit- able person, as judge-advocate in.- trials before courts martial, as the disputes in those cases are often between officers, jwid of a delicate nature^ and the appointments are occasional, and the service voluntary.: Perhaps you will deem it proper to remedy this inconvenience, by mailing provision, by law, for the ap- pointment of a judge-advocate, as a permanent officer, in each division. Oliier amendments of the system may occur to you, gentlemen, which are of greater importance, and would more essentially tend to advance the reputation and good order of the militia. Such prt)gress lias been made in building the State prison, that you may think iii, in the course of the present session, to assign it as the place for the reception and continement of con- victs who are sentenced to hard labour ; and to establish re- gulations concerning the appointment and conduct of the keep- er, and tile manner in which prisoners shall be restrained and supporled. la almost every country there have been com- &8 plaints, that the confinement of prisoners has been attendedi with unnecessary rigour. That the jailors have been charge- able with seventy and extortion, and that the want of cleanli- ness has rendered prisons so unhealthy, as to endanger the lives of" persons confined in them» But, as the management of the State prison, and the conduct of the superintendant, will always be under the immediate inspection of- the government, I hope there will never be any cause for such complaints, from^ the manner in which tliis establishment sh^U be conducted. It seems to be agreed, that the power of pardoning offences, after conviction, includes the right of granting pardons, upon condition that the offenders shall be confined to hard labour during a specified term. This power has therefore been so ex- ercised from the commencement of the government under the constitution, and in some cases has been highly ikseful, in order that justice might be administered in mercy, it is impossible for the wisdom of man to make general laws so perfect, as to suit every particular case. A fevsr crimes only are made cap- ital by our laws ; but the degrees of guilt in persons convicted of the same crime may be so ditlerent, as to render it fit and iiecessary to make a difl^erence in the punishment, and to soften the rigour of the law, when favourable circumstances appear in the criminal's case.— The man, who enters unarmed into a dwelling-house in the night time, and steals, to satisfy his hun- ger, is obviously less criminal than he, who breaks it for the purpose of rifling the house, and arms himself with design to de- stro3'the life of the owner if he obstructs him. In the first- case the offence seems to be little more than simple larceny, . and the punishment of death would only excite compassion for the delinquent ; in the latter, the ofTemler discovers a most de- praved and malignant spirit, and his life would be thought dan- gerous to society. While the castle remained in possession of this State, it was employed for the confinement of convicts, who at their own request had received a conditional pardon. If it shall be thought proper to make use of the State prison for the same purpose, it may be necessary, by a legislative act, to authorize and direct the sberif!', who has an offender in his custody, upon receiving a certificate in writing from the secretar^s that such ©ifender is dlowed the benefit, ofa pardon upon condition of hia «9 CDiinnement to labour at the State prison, to remove him thi- ther, and to direct the superinteiidanl to receive and retain him in prison, under such rci^latious as shall be prescribed for the restraint and employment of convicts, until the term of his im- prisonment shall expire, or until he shall be otherwise entitled, to his liberty. The robberies that have been lately Gomniitted in this neighbourhood, have caused great anxiety and alarm to the good people ; and seem to require that some further measur^\s should betaken by the government to prevent the repetition of such high crimes, or to brir^g the perpetrators of them to pun- ishment. Permit me to suggest to your consideration, whether it will not be expedient, by an act of the legislature, to offer a reward to any person who shall apprehend any robber, and prosecute him until he be convicted oi the robbery : and al- so to decla.-e, that, if any person has committed, or shall here-' after commit, a robbery, and, being out of prison, shall after- wards discover one or more, who has been or shdll hereafter be guilty of any robbery, so that he or they may be convicted thereof; such discoverer shall be entitled to a pardon for all robberies which he siiall have committed before such- discov- ery wa3 made. In conformity with the resolve of the 5th of Uist March, I wrote to the secretary of war, proposing, that the demand of this commonwealth against the United States, for the ordnance and military stores delivered for their use, should be referred in tlie manner recommemled by that resolve. In his answer the secretary declined the proposed reference, and adhered to the proposition he had before made, that there should be anew appraisement of the ordnance and stores, excepting the cannon tliat were delivered for the ship Constitution, and those deliv- ered with the castle, from which the trunnions had been broken off, which he refused to consider as the property of the United States. By advice of the council I acceded to this, on condi- tion that the estimate should have relation to the time when the articles were delivered,, and thatJntcrest should be allowed on the appraised value. lie soon after informed me, that he had directed the appraiser ap])oinled by him to attend to the busi- iie^s -and c»b--erved, that he c^juld not undertake to give a po- 4i'^ 90' • • • • titive opinion on the subject of interest, but that whatever hatB been the usual practice at the treasury in similar cases would- undoubtedly be done. The articles not objected to were ap-^ praised at 21,336' dollars and 87 cents, the appraisers certify-- ing that they were of that value when delivered ; and I re- quested the secretary of war, if he consented to the payment of interest, to pay the whole amount to the treasurer of this State. He has lately enclosed tome a report from the accountant of the war department, stating that our claim of interest is inad- missible, unless specially granted by congress. He also inform- - ed me, that the trcanirer of the United States had been direc- ted to pay the principal sum to the treasurer of this State. The papers relative to this subject will be delivered to you by the secretary. A copy of an article of amendm.ent proposed by congress to be added to the constitution of the United States, respecting the election of president and vice-president, has been transmit- ted to me by the president of the United States, and will be laid before you. I have also received from the depaitmcnt of State three boxes, supposed to contain eleven hundred and five copies of the laws of the United Stales. They are deposited in the office of the secretary of the commonwealth,- to be disposed of as the legislature shall direct. I'hat I may dytain yon, gentlemen, no longer at this time,. I will communicate by message any other circumstances, of which 1 may be infprmed, that shall have a claim to your no- tice ; and I flatter inysdf, that, during the session, we shall- cherish sentiments of mutual friendship and respect, and not- sutler pci«onal disagreement or party interest to divert us, in any instance, from the practice of those duties which we owe- to the publick and to one another. CALEB STRONa 91 • • • • ANSWER OF THE SENATE. May it please your Excellency ^ THE various subjects which were under consideration at the former session of the legislature, but not then brought to maturity, on account of the season of the year, will now be re- sumed and prosecuted with the degree of attention they are re- spectively thought to deserve. We are particularly impressed with the im^jortance of attending te the judicial department of government. The prosperity of the community greatly de- pends on a prompt and impartial, a wise and virtuous, adminis- tration of justice. It shall therefore be our endeavour to re- medy any defects which experience may have pointed out in- our present judiciary system, and, with your excellency, we hope the result will tend to promote that great object of all wise legislation, the happiness of the people. Your excellency's just remarks on the change in the poll- tical affairs of Europe since our last meeting, and the new war kindled there between the nations with whom we have the greatest intercourse, naturally leads the reflecting mind to la- ment the complicated miseries they suffer, amidst scenes of de- struction and alarm, and at the same time to rejoice in the dis- tinguished blessings, which we, as a nation, are enjoying in a state of neutrality and peace. While contrasting their situa- tion with our own, as a ground of patriotick attachment to our government, and religious 5;ratitude to the great disposer of e- vents, we agree with your excellency in the importance of per- forming the duties, as the best means of secuimg the rights and' advantages of a neutral character. Confiding, however, in the constituted authorities of the union, to regulate our foreign concerns, we rejoice that we nva at liberty, as members of th@ government of ivlassachu setts, to turn our whole attention to the internal welfore and prosperity of the commonwealih. The constitution of the United States having authorized congress to provide for orguniz'ng and disciplining the militia, reserving to the respective States the trust of appointing the of- 55 • • • • ficers and training the militia, agreeably to the organizatiori- and discipline prescribed by congress ; the senate feel the pro- priety of carrying into effect, so far as depends on this go- vernment, the laws of the United States on that subject ; par-- ticularly the late act requiring among other things, the appoint- ment of brigade-quarter-masters and regimental chaplains. At- tention shall also be paid to the mode and causes of removing non-commissioned officers, and to the recommended provision of a judge advocate, as a permanent officer in each division, so far as upon investigation may be tound requisite, and consist- ent with the constitutional distribution of powers between the general and State governments. We are happy to be informed, thut such progress has been made in building the State prison, that it may soon be assigned as a place for the reception and confinement of convicts senten- ced to hard labour. The senate will readily co-operate in any legislative measures necessary to effectuate the design of that institution. Impressed with the considerations mentioned by your ex- cellency, in favour of granting pardons, in certain cases, to convicts under sentence of death, upon condition of their sub- mitting to imprisonment and hard labour ; and considering that such commutations of punishment require a concurrent exersise of the executive power of })ardoning, and the authori- ty of the legislature to provide a legal substitute for the punishv rnent remitted ; the senate will attend to the expediency of making some general provision b^v law for that purpose. With regret we have heard of repeated instances of robbe^ ry committed in this neighbourhood, and will deliberate upon the measure recommended by yout excellency, and any other means, which may be deemed most effectual to restrain the commission of such outrages upon the persons^ and property of peaceable members of society, or to bring the perpetrators to detection and punishment. The conduct of your excellency in pursuance of the re*- solve of the 5th of last iVIarch, relative to the demand of this commonwealth against the United States for ordnance and mi- litary stores delivered for their use, meets with the entire ap.- probution of the senate. ^3 The resolution of both houses of congress proposing an a- mendmcnt of the constitution of the United States, respectinw the election of president and vice-president, shall receive froiu the senate that serious consideration, which its importance de- mands. On that and all other subjects, which may be communi- cated, or occur during the session, we beg leave to assure your excellency, that we will cordially unite in the effort, to cherish sentiments of mutual friendship and respect between the respec- tive governments and departments of government, to which wg are related, as legislators, or as citizens ; and to suffer no per- sonal disagreement, or party interest, to divert us from the practice of those duties which we owe to each other and to the publick. ANSWER OF THE HOUSE. May it please your Excellency, THE season of the year prevented our prosecuting th* consideration of many important subjects at our last session.. We shall endeavour to bestow that attention upon them at this time, which they respectively deserve. Among these, the state of the judicial department is highly interesting. The great accession of wealth and increase of population in this State render it necessary to revise the judiciary system, and enquire what further provision can be made, in order that justice may be administered to every one promptly ar\d without delay. We hope that our deliberations on this and all other subjects, which may be discussed among us, will terminate in measures tending to promote the happiness of our constituents. The deep cornmiseration, which every sincere christian and every mind possessing the feelings of humanity must experience for the misery occasioned by the new war commenced in Eu- rope can receive little alleviation from. the idea that our owrx^ • • • • pecuniary interests may be promoted by it. The increase of wealth, we are fuliy sensible, is coo frequently accompanied with the increase of vice. Vast abundance and rapidly accu- mulating riches often tend to excite seliii^h and unfeeling prin- ciples, strengthen the desires of the avaricious to hoard, and^ induce the profligate to extend the sphere of their licentious' indulgence ; thus dissipating and demoralizing a people,and sometimes entirely destroying their virtue. The laws -of na- tions respecting neutrals we consider ouri>elves bound to observe, and, whenever individuals have the temerity to infringe them, the consequences must entirely rest with themselves. The regulation of the militia claims, and will receive, our early attention ; and we indulge the hope, that we shall be enabled to apply those remedies to existing inconveniences, which are suggested by your excellency. We receive with pleasure the information, that the State prison will speedily be prepared for the reception and confine- ment of convicts, who are sentenced to hard labour. As the management of this prison will be under the immediate inspec- tion of the government, we cannot doubt that due attention will be given, tQ preserve the health of the prisoners, and pre- vent extortion and all unnecessary rigour and severity. While it is agreed, that the power of pardoning offences after conviction includes the right of granting pardons, upon condition that the otTenders shall be confined to hard labou» during a specified term ; when favourable circumstances appear in the criminal's case, it will be proper to soften the rigour of the law. To aid the executive in the exercise of this power,,- every necessary act will, we believe, be passed by the legisla- ture. All measures, v^^hich have a tendency to prevent the re- petition of the high crime of robbery, which has recently ex-* cited great alarm among the citizens of this commonwealth, and to bring the perpetrators of it to punishment, will be readi-- ly adopted. 'i'he account given of the conduct of the executive, rela- tive to the demand of this commonwealth against the United. States for the ofdnance and military stores delivered for their. ^se, is entirely satisfactory to this house. • • • • ■ The article of amendment proposed by congress to he ad- ded to the constitution of the United States will be duly con- sidered. We shall enter upon, and pursue, the discussion of this subject under impressions of the highest respect and vener- ation for an instrument so valuable as the constitution of the United States ; the deliberate production of our first and long tried patriots, united with our most enlightened and experienc- ed statesmen. Any other communications, which your excellency may make to us, will receive our prompt attention, and, while we entertain the highest esteem for the person and character of your excellency, we shall cherish sentiments of mutual friend- ship for each other ; and, avoiding all personal disagreement or party discord, it will be our endeavour undeviatingly to pur- sue those objects which may conduce to the publick peace, prosperity and safety. • • .• • c^a • BY HIS ExcELLE^^CY CALEB STRONG) esquike, Governoiir of the Commonwealth of Massachusetts, A PROCLAMATION .For a DAY of PUBLICK FASTING and PRAYER. AS we receive from the goodness of the Supreme Being, not only our individual advantages and enjoyments, but all the publick and social blessings with which we are encompassed ; it is highly proper for us, at the opening season of the year, in a publick and solemn manner to acknowledge our entire de- pendence upon His unremitted bounty ; and to implore His forgiveness, and the grant of such future support and protection, as may be necessary for us. I do therefore, agreeably to the long established usage in this State, and with the advice and consent of the council, ap- point Thursday, the fifth day of April next, to be observed throughout the commonwealth, as a day of publick fasting and prayer ; and do hereby request the ministers and people oi 9^ • • « • 'ill© various denominations of christians, to meet together on that day, that with humble and penitent hearts we may confess our multiplied transgressions, and entreat the forgiveness and t'eneficence of that Gracious Being, who is attentive to the circumstances of all His creatures, and who fulfils the desire* of them that fear Him, and hope in His mercy. And beseech Him that, in the course of the year to come. He would be sit- rety for us for good, and guard us in those situations of danger, which no prudence or care of ours can foresee or provide against ; — that He would guide and prosper our national and State governments ; — that our magistrates may exert themselves to unveil and defeat every dishonest practice ; to guard the in- nocent and weaken the power of the oppressor ; — that those, who are employed to instruct others in the doctrines and du- ties of the christian religion, may themselves experience its Divine power and efficacy, and illustrate by their example its beauty and truth ; — that christians of every denomination may be distinguished by the candour of their sentiments, and the active goodness of their conduct ; — that th^ virtues of sobriety, frugality and regard to the publick welfare may prevail in eve- ry class of the people ; and that we may all pursue the busi- ness of our respective stations and professions in life with indus- try, and with a fixed dependence on the Divine Blessing, as ab- solutely necessary to our success. That, in the course of the ensuing season. He would pros- per our husbandry, and cause the earth to yield its increase:; — that He would preserve the health of the people, and save them from wasting and infectious diseases; — that He would grant success to our trade, manufactures and fisheries; — that He would regard with favour our university and other seminar- ies of learning, and make them eminently useful in diffusing knowledge through every part of the State ; and that our pos- terity may ever enjoy the advantages of religious and moral in- struction, and the means of literary improvement. That He would restrain the passions of ambition and ra- pacity, which have been so fatal to the repose and happiness of mankind ; — that the nations, who are engaged in war, may be inspired with sentiments of justice, and of mutual forbearance .and friendship ; and that Divine Grace may remove all oil- fractions to a free course of the gospel, arid cause its influence to be every where extended. And the people of this State are requested to abstain ffom unnecessary labour and recreation on the said day. Given at the Council Chamber in BostoH, tliis seven- teenth day of February, in the year of our Lord one thousand eight hundred and four, and in the twenty-eighth year of the independence of tli« United -States of America. CALEB STRONG. By his Excelkncy^s coinmand, with the \ advice and consent of Council. 3 JOHN AVERY, Secretary. COD save the commonwealth of Massachusetts. -'•••« • •* SPEECH ^"DELIVERED JUNE 5, i8(H. ^Wenflemen of the Senate, and Gentlemen of the House of Repf'esentaiives, THE obligation, which m'c have taken upon ourselves, to perform the pubiick duties incumbent on us agreeably to the rules and regulations of the constitution, requires us to protect our fellow-citizens ir. the enjoyment of their lives, liberty, and property ; and demands of us an exact observance of the prin- ciples of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry and frugality, in the formation and execution of the law s necessary for tlie good administration of the commonwalth. An impartial distribution of justice to all the people is of the highest importance, to preserve an equality among them and enable them to enjoy that liberty, which, under the protection of Jaw, secures their lives and property ; and to unite them more closely together, and attach them more firmly to the State. A people enjoy the most perfect civil liberty, when the 9S • • • • government, under which they arc placed, is of their own choice ; when they conform to laws which are enacted by them- selves or their representatives ; and when no duties are enjoin- ed, and no restrictions imposed by those laws, which are not conducive to the general happiness. It is. obvious then, that nothing is more opposite to liber- ty, than licentiousness. Wherever there is liberty, the people are subjects, not of men, but ©f the constitution and laws ; for liberty consists in doing only what these permit. It forbid* us to allow ourselves in any pursuits which are injurious to others ; for, if such permission were given to us, it would also be indulged to them. It implies, that, within the limits of law and justice, we may act according to our own choice, and take such measures as we believe are conducive to our own happiness. The people, therefore, are free, so long as they are under the restraint of equal and just laws. But their free- dom is lost, when the passions of me»n are unrestrained, and the laws are violated with impunity. The reign of justice is' then over^ and there is an end of manners, liberty and virtue. To escape from this state of licentiousness, the people, in some countries, submit to the control of a single tyrant^ because ihey think it more tolerable to have one tyrant than a 'thous- and. In a free State, therefore, the citizens ought to be guard- ed against the attempts both of indiscreet men, who, irom a mistaken zeal for liberty, would introduce anarchy and con- fusion ; and of ambitious men, who assume the garb of patriot- ism, and employ their talents to enflame the passions of the peo- ple, and excite their contempt of decency and order. Upon order the pubiick happiness IS founded; without it society is a state of violence ; and to maintain it is to restrain injustice and oppression; to guard the life and property of one man against outrage from another ; to protect the simple and innocent from the attempts ot artifice and fraud ; — and to pro- duce such a state of tranquillity, that the most defenceless a- mong the people may be safe, under the protection of govern- ment. The principle of equality among the citizens is recognized and established by the constitution. It is an equality of rights, which ensures the same protection to each individual, and re- quires that all men of every description shall be amenable to 99 • •- • • j-tTstice. I?- results from equal government and impartial laws., when the way to honour aiui preferment is open to every one; and the pretensions of no citizen are limited, except by tlie distinction of merit and capacity. But an equality of property never can exist, until aM men have the same faculties, and are equal in prudence and indu'^rry ^ and, even if they w&i-e per- fectly similar in these respect?, still their property would be un- equal, unless providence should shine alike upon the labours of all, and grant to every man an equal share of prosperity. The- inequality of property, therefore, aiises from the nature of things^:and not from any defect in the form or administration of government. All, that the best government can do, is to prevent that inequality, which fraud, oppression or violence would produce ; to encourage frugality, and, as far as justice and the constitution v/ill permit, to restrain luxury and pro- fusion; anv^ to protect the lawful possessions of every man, so that each may enjoy the fruits of his labour in perfect security. But, though a spirit of equality is favourable to publick happiness, an extreme degree of it is sometimes injurious and disgraceful. This happens, v/hen manners are exceedingly de- praved, when upright magistrates are no longer respected, and parents and publick instructors are treated with rudeness and insolence, when the child behaves himself proudly against ihe antient, and the base against the honourable, and the natural and necessary distinctions in society are disregarded. The terms liberty and eqiialiti/, in their true and just im- port, describe essential lights in )k republick, which ought to be assiduously preserved and cherished ; but they are so liable to misconstruction, and have been undertood in such different senses, that, I presume, you, gentlemen, will not think it un- worthy of you, to assist our fellow-citizens in forming correct opinions concerning them. For, if on these [>oints they should entertain mistaken ideas, they might be in diinger of losing substantial benefits, by aiming at those which are imagiiiary. In some nations, the genius and habits of the people seem not to admit of a free governm.ent ; they appear to be incapa- ble of that just and reasonable obedience to the laws, which is necessary in a free state. Few indeed have been wise enough to enjoy perfect liberty with moderation. How far the people of the United States are possessed of this wisdom, 100 a • • • must appear from the experiment they art now maWng, wpoa the issue of which, every thing valuable to us depends. You^ gentlemen,! have no doubt, will be solicitous to contribute to its success, by a faithful di;>tharge of your duty. But all the efforts of legislative wisdom will not be sufficient, without the- aid of those institutions, which form the manners and morals -of the people ; and which te.id to in'^pirethem with veneratiou for the Supreme Beings with reverence for just authority, and respect for themselves. I have received a letter from the justices of the supreme judicial court, representing, that the late act of the legislature, making further provision in the judicial department, is highly inlere^ing to them personally, and as it affects their official re- sponsibility ; that these considerations have induced on their part a critical examination of the arrangement of the terms of the Court proposed by the act, and a consultation together up- on the. probable effects of the system in other views of it; th« result of which is a conviction, that the arrangement is in a great degree impracticable, and that the operation of the sys- tem will not, in aivy degree proportionable to the inconvenien- ces of it, promote the more effectual administration of justice. They have also stated the system, which, upon consideration, ti^y believe most conducive to the security of the citizens ^^ and, in order to communicate their ideas with most precision, and accuracy, they have transmittc-d to me two bills, which comprise the particulars of that systefli. The letter and the bilk Will be laid before you by th« secretary; and, I presume^ you will consider the subject with that degree of attenlioa which is due to the importance of it, and to the opinions of the, magistrates by whom the alterations are proposed. In the course of this year there will be an election of pres- ident and vice president of the United States ; and it will be incumbent upon the legislature at the present s(?ssion, to direct the mapner, in which the electofa.on the part of this State shall, be appointed. But gentlemen, it is unnecessary to mention the particular subject'?, which, now require your notice. They wil)., occur to your reflection, and, I am persuaded that you will at- landi to them with the fidelity and zeal, which an enlightenetL l*fve of yoar coualry inspired. Eor myself, 1 shall be »olicitoua^ M?2 lilt -o: ^uj\e^ ?tgnign5S!y. cjojCB sntotso. AXSlTt^ OF I^£ SLXaIX OS" • • • • end exdie their contempt of decency and order." JV/itneterf therefore, in any country, a class or description of men arises,^ ynakijig hmd and exclusive pretensions of friendship for the people, yet supporting those pretensions by no rare instances of private or public virtue ; uhcn such a class or description of men set them- selves assiduously to deceive and corrupt the people, striving, by subtle insinuations and by the circulation of anonymous falsehoods, to deprive honomxilne and virtuous 7nen cf the fair rewards of their talents and integrity, it becomes all those, who have a real regard for the people, and xcho possess-a j ust and noble zeal to per- petuate the blessings of liberty, order and religion, to be vigilant y active and iastapJ,,to nurtntain the fundtnnent at principles of a free government, '■'•piety, justice, moderation, temperance, industry and frugality ;'' and " to haxe a particular attention to all thos^ principles in tJte choice of their officers and representatives.'' The senate fully concur in sentiment with your excellency, . that the public happiness is founded on order ; and that, to liiaintain it, injustice must be restrained ;. life and property guarded against outrage ; the simple and innocent placed in: security from artiiiceand fraud,. and such a state of tranquillity produced, as that the most defenceless will be safe under the protection of government ; and your excelleiw:y may rest as- sured, thai, in ail our deliberations concerning public or pri- vate right and interests, they will keep constantly in view those great, just and constitutional principles of rational liberty and practical equality, which your excellency has been pleased to elucickiie. And, as, on the one hand, it shall be their assidu- ous study to preserve and cherish the equality of rights, which consists in assuring protection to each individual ; in the amena- bility of all n>en,. of every description, to justice ; in ecjual go- vernment and impartial laws ; so, on the other, it shall be their solicitude to restrain that injurious and disgraceful spirit of e^ quality, falsely so stiled, which would prostitute the honours and prefermeht?> otthe peoj)le, due only to merit and capacity, to criminal ambition un with rapid strides, are travelling on with man to the perfect- ibility of human nature, are highly calculated to undermin* all rational liberty, to prostrate all civil society, and to blot^ from the face of earth all sorts of government. Your excellency may be assured, that we will spare no exertions to assist our fellow-citizen, in formin<^ correct opin- ions of the terms liberty and equality. We are feelingly alive to the importance of the experi- ment, now making in our land, as to the capacity ci the Ame- rican people to enjoy perfect liberty with moderation, which, has hitherto proved successful. — We shall certainly be solicit- ous to contribute to its success by a, laithful discharge of our- duty. And we sincerely reciprocate the sentiment, that all the efforts of legislative wisdom will be unavtviling, '* without the aid of those institutions, which form the manners and morals* of the people, and which tend to inspire them with veneratioiv for the Supreme Being, with reverence for just authority and respect for themselves." To the communication of your excellency, upon the sub-- ^ct of the judiciary of this commonwealth, we will most cheer- fully pay every attention, that the importance of the subject- and the high respectability, of the magistrates, by whom the al-- terations of the present system, are suggested, demand. The house of representatives will not fail to afford their aid in directing the majiner, in which the electors, on the part-, of this commonwealth^ of president and vice-president of thej. United States, shall be appointed. We rely, with that perfect confidence, which the purity and eminence of your excellency's character, and our past hap*, py experience, of the fruiis of your abilities, wisdom, and yix,^ 106 • • • • ♦ttes, fuHy autIioriz«, that you will co-operate tvitli the two^ branches of the legislature, " in such measures as shall tend to render the State respectable, to promote justice among our fellow-citizens, and to secure to them a life of quiet and tran- quillity/^— We at the same time beg you to accept our assur- nnces, that we will adopt, and faithtully preserve, every prop- er mean to effectuate the same ends. We, on this occasion, congratulate your excellency, and ourselves, on your re*election to the first executive of^ce of this commotiWfaUh. We consider that our fdlow-rittzens^ •whikuhey have paid a tributf of gratitude to merit, have strikingly evjncfd their own integrity, indtpendonco and dis- cernment, by thus again exalting you to this high station. ly HIS ^EXCELLENCY CALEB STRONG, ESQTyinE^ Governour of the Commonwealth of Massachusetts, A PROCLAMATION Tgr^n DAY of PUBLIC THANKSGIVING, and PRAISE, THE wisdom and beneficence with which the Almighty presides over all events, and the constant care, which he has exercised towards us, make it our duty, in a publick and so- lemn manner, to adore his providential goodness ; in giving us n nature capable of sublime services and enjoyments; in guard- iag us from innumerable publick and private calamities ; in af- fording us a competent supply of the necessaries and comforts of life ; and es^pecially in giving His Son to redeem us, and His Spirit to purify our hearts, and form them to sentiments of pi- ous and aiTectionate gratitude. 1 do therefore, agreeably to the immemorial usage in the State, and with the advice and consent of the council, appoint Thursday, the twenty-ninth day of iVoie»jZ'e?' next, to be observ* ed, as a day of publick thanksgiving and praise. And the min- isters and people of the respective reHgious societies in this com-- monwealth, are requested to meet together on that day, that ^s:© may join in a rea&onabl& and delightfulhomage to thatgra- • « • • cious Bieing, who is worthy of all honour, and exalted aljovt all praise ; and render Him our sincere and humble thanks for the displays of His goodness in the infinite variety of the works of nature, in the agency of Providence, and the plan of Re- demption ; — for the civil and religious privileges, by which the United States are distinguished ; — for the maintenance of pub- lic peace and order ;-~for the uncommon measure of health which the people of this State have enjoyed in the course of the last year ; — for His blessing on the labour of the husband- man, and that merciful disposition of the season, in whichJiis Providence has been attentive both to our necessities and en- joyments ; — for the success which he has granted to our com* merce, manufactures and fisheries ; — and for all the benefits He has conierred upon us j-r-and his great goodness and mercy towards us. And, while we celebrate the praises of the Most High, let us humble ourselves before Him for our numerous and aggra- vated transgressions ; — and beseech Him that, with the gifts of His bounty, he would grant us the communications of his en- lightening and sanctifying spirit, without which we shall abuse the richest of His providential favours ; — that He would pros- per the administration of our public affairs; — and that our na- tional and State governments may be established in righteous- ness ; — that He would smile upon, and succeed the means of publick instruction and education ; — that he would preserve the people from the influence of malignant passions ; — and that wicked men may be restrained by the fear of His vengeance from destroying tlie reputations and lives of the innocent; — that He would remove out of the minds of men the pride and vain philosophy, which oppose the reception of the gospel ;— that He would form them to an impartial judgment, and conquer the prejudices, which they entertain against His appointed me- thod of salvation ; — that He would make wars to cease unto the ends of the earth, and cause the divine principle of chris- tian charity and benevolence universally to prevail ; — and that His will may be obeyed with the same constancy by men on earth, m by angels in heaven. And the people of this State are requested to abstain, on the above mentioned day, from such labour and recreation as 108 • • • • ere inconsistent with the devotional services liereby recpxn* mended. Given at the Council Chamber in Boston, this eigh- teenth day of October, in the year of our Lord., one thousand eight hundred and tour, and in the twenty-ninth yearof the independenceof the United States of America> CALEB STRONG. "Bj^ his Excelfencfs coynmand, tiith the 1 advice and consent of Council, 3 JOHN AVERY, Secretary, €OD lave the Commonwealth of Massachusetts, SPEECH DlELTVERED NOVEMBER 16, 1804. '^Gentlemen of the Senate^ a7id Gentlemen of the House of Representatives, THE unfinished business at your last meeting, lam in- formed, was referred to the third session of the legislature ; — I presume therefore, that your principal object at this time will 1)6 to complete the choice of electors, on the part of this com- monwealth, of a president and vice-president of the United States ; and that you will be unwilling, at the present session, to attend to any subjects, which may conveniently be postpon- ed. If the choice of electors is not perfected by the votes of the people, I have no doubt, that the trust, which remains to be executed by you, will be discharged faithfully, and your conduct will be governed by the single motive of love to your country. In pursuance of the act of congress, passed on the 26^th ^larch last, the secretary of State has notified me, that the a* Jnendnicnt, proposer] durinf]: the last session of congress,* to the constitution of ihe United Slates, has been ratified by the le- gifelatures of three fourths of the several States. Tlie letter, which contains this notification, is filed in the office of the se- cretary of this commonwealtli, and a transcript of it will be delivered to the electors, who are, or may he, chosen on the part of this State. The quarter-master-general informs me, that, in tlie late violent storm, \\\o buildings on liospilal Island, the property of 'the commonwealth, were blown down; and that he thinks it highly necessary, that others should be erected in their place, as soon as may be. The appropriation made for his depart- mcnt for the ppjsent year, he supposes v^ill be J.uihcient to de- fray the expense ; but he doubts the propriety of his i^etting up new buildings, unless authoriKeu l-y };articular direction. I have nothing further to communicate to you, gentlemen, which calls for the iratticdiate notice of the legislature. But, if, in your opinion, any business of importance would sufier by a delay until the winter session, I shall cheerfully attend to whatever you may now propose, and co-operate with you in such measures as the publick good may require. CALLB STRONG. ANSWER OF THE SENATE. Maij it please your Excellency , IT being the great object of the present session of the le- gislature to determine and declare the choice of electors of president and vice-president of the United States, on the part of this commonwealth ; and, if the choice is not perfected by the votes of the people, to complete the same; your excellen- cy may be assured, that in executing that trust, the senate will be governed by the single motive of love to their country. K 110 • • • • The letter of the secretary of State, relative to the amend- ment of the constitution, and the communication ef the quar- ter-master-general, touching the buildings on Hospital-Island, shall receive that attention, which they respectively merits And, should any other business of importance, during the pre- sent session, occur, the senate will cheerfully co-operate witU your excellency in all such measures, as the publick good may retjuire. ANSWER OF THE HOUSE. May it please your Excellency, THE house of representatives, at their last meeting, being sensible of the inconveniences which would arise from a long session, at this season of the year, referred most of the unfin- ished business to the third session of the present general court ; it is, therefore, presumed that few matters will, at this time, urgently claim the attention of the House. Should it appear that the people have not completed the choice of electors for president and vice-president of the United States, the trust, which, in that event, is committed to the two brandies of the legislature, we hope, will be executed with a single view to the welfare and honour of the United States. We beg your excellency to be assured, that this house will pay due attention to all matters which you have been pleased to suggest for their consideration. A review of your excellency's past conduct gives us the fullest assurance of your excellency's readiness to co-operate with us in all measures which the publick good may require. Ill • • • • SPEECH D'ELIVEKED JANUARYS, 1805. Gentlemen of the Senate, and Gentlemen of the House of Ilcprese?itath'eSf I MEET you with much satisfaction at this time, as I ani" persuaded, that, from a continuance of harmony in the several branches of government, tiic business of it will be conducred with advantage to the publick, and with ease and convenience to those who are employed in its administi'ation. In the course of the session, you will have leisure mature- ly to consider those subjects which were postponed at the close of your first meeting. Permit me again to recommend to your revision the arrangement of the terms of the supreme judicial court established by the late act making further provision in the judicial department. If that arrangement is found to be impracticable or inconvenient, you will undoubtedly make the necessary amendments. The secretaiy will lay before you tho return of the militia of the commonwealth, which I have received from the adju- tant-general, with a letter from him, stating some local incon- veniences which have arisen under the existing militia laws. He will also deliver to you the quarter-master-generars return of the ordnance and tnilitary stores belon-Ting to the State. The major-generals of several divisions of the militia have informed me, that in the late reviews it appeared that the re* ginients and corps composing the several brigades hadimprov- ed in all the essential points, which constitute a well regulated militia ; — that their arms and equipjnents were in better order than at any former period, and that with few exceptions they had good cloth uniforms ; — this latter circumstance, being vol- untary and not required by law, is peculiarl} meritorious. There can be no necessity, gentlemen, of recommending to you the advancement of the various interests of the com- raonwealth; your time will be devoted to this object, in at- tending to the requests of individuals, and removing any just grounds of complaint ; in affording suitable encouragement to US « 9 S « every species of useful industry ; and in *upplying, as far as; yoij are able, whatev^er is fleficient in our present system of le- gislation. While you thus consider yourselves as deputed to watch over the pi-iJ^lick interest; while you support the just claims of our fellow-citizens, and i^ratify their reasonable ex- pectatio!]s, you will merit, and. probably retain, their respect. Uut, in whatever manr^^er your, services shall be e'^timated by others, you will have the satisfaction which arises from the consciousness of doino; good. ^Ve have associated with our fellow-citizens, to preserve our rights, by su-pportinj^ republican governments ; — in doing this. we are equally and deeply interested. When the consti- tution of theUnited States was tirst proposed, many good men doubted of the fitness or sufliciency of its provisions. But such important benefits have resulted froni it, and such confusion iind discord would follow from a separation of the States, that probably few or none of the people are desirons of that event. The constitution of this State unites us still more closely for our common safety and happiness. Jt is founded on the basis of equal liberty, and its value does not appear to be les- sened in t!ie estimation of the people, by the experience of Bio¥e than twenty years -^ — our country flomishes in peace and wealth, and we may be thought, from these favourable circum- stances, to be out of danger. But, w^hen we see other repub- licks disgracefully renouncing the fruit of their sufferings and exploits, and tamelv submitting to the control of masters, we ought at least to refl'r^ct on the causes of their fall, and consider of the means, by which we may be guarded pgainst a like de- gradation. It will, I thin^, be agreed, that knowledge and virtue in (he body of the people are essential to the support of a free go- vernment — Without them we should readily submit to any art- iut usurper. The first gettlers of this State, aware of their im-- portance, adopted every expedient in their power to promote them ; and so long as we preserve unimpaired the institutions which have been transmitted to us by the wisdom of our ances- tors, and retain their purity of manners, and the lessons which- they inculwated, we mav hope to be exempt from the vicissitudfei. l« wkich other nations have been exposed.. 113' » « • • Tteiigious principles and institutions are necessary to all governments, and especially to repubiicks. The teachers of Feligion, of whatever denomination they are, by their moral in- structions, may have much influence- in upholding the order of society, and regulating the conduct of the people ; — their offi- ces would J. therefore, be of great importance, even if they had no higher objects in view. But all nations have expressed a reverence for the Deity, and have united jn the belief, that some mode of vv^orship is necessary, to obtain his favour. With- in a few years, indeed, an experiment has been made by the people of France of renouncing religion;, but we have now seen the tendency and termination of their system. To enumerate the institutions established by our ances- tors might be thought superfluous ; many of thenv and parti- cularly those, which related to education, are still maintained, and we every day experience their beneficial etfects. May their posterity not only preserve their institutions, but practise their manners and virtues 1 It is often said,- that most of the repubiicks, which I have referred to, were conquered by their more powerful neighbours, and that our remote situation from. Europe ensures the safety of our governments. Perhaps these observations are not so correct, as we are inclined to believe. Free States are in much greater danger from their own depravity, than from exterr.al enemies. The vices, disorders and divisions in former repub- iicks, have in all cases occasioned their ruin. It will be diffi- cult to find an instance, where a free and civilized people have been conquered, who had not degenerated from that virtue, by wnich their -.berty was established. When they are surround- ed by other nations,, they consider them as watching to take advantage of their folly and weakness ; this reflection operates as a coi^.stant check upon their disorderly passions. If an in- vasion is threatened, and any pubiick spirit remains in the peo- ple, they lay aside private animosities, and unite t\)v their com- mon defence ; in this manner the apprehension of danger from abroad has in numberless instances prevented contention at home.. Gur distance from Europe will be a fortunate circum- stance if we can be at peace among ourselves ; it lessens tii.e probtibility of future invasicjn, though it may increase the dan- cer f/om internal feud*. K 2 • • • • Inihe republicks which have been mentioned, the people ha*? not sufficient virtue and publick spirit to unite their efforts* against the common enemy. Their numbers and wealth were as great, as when they resisted the most powerful princes ; and, if they had acted with unanimity and vigour, their defensive at- titude might have saved them from an attack. But they were divided and weakened by factions ; their false patriots co-op- erated with their invaders, and their governments fell, not so much by the arm of a conquerour, as by the weight of their, own vices. Such are the effects of violent disorders or impla- vable discord in all free States ;— they load to anarchy, and end. in despotism. — There may be much diversity in the process,, but the result is nearly the same ;. the chief difference is, that - small States generally call in a master from abroad, and great, nations make a tyrant for themselves. When political dis])utes are conducted with moderation, and candour, they are innocent, and may be useful. But, when parties become eager and vehement ;-— when, in the heat, of contention, they lose sight of the publick interest, and en- deavour to mislead the citizens by false representations, they, forrupt the publick monils, and tend directly to licentiousness, and confusion. In s^uch cases there would be danger that the most unprincipled would be the most successful ;— they might, resort to measures, which their opponents might be unwillTnt^ lo adopt J— for honest men wou(d disdain to deceive the peo- ple,. and would, .never deviate from right conduct, to pro mo te. ■Anj cause, or prodi!ce any change in opinions or measures. But,. 3f men of .corrupt principles should thus predominate, they tnight choose rather to submit to a despot of thei'; own seiec-, ■ion, than hazard the loss of their ill-acquired influence. From our situation we have the me^ns of sattjy, in a pe». -uliar manner, in our own power; and it depends upon our-, selves, whether as a people we become the most respectable or the most wretched. If we are united in affection, it we retain, a frugal courve of living,, and are .animated with zeal for the publick good, we shall possess resources fully sufficient for our security, and shall rise to the highest state of publick honour and happiness. But, if intestine divisions and civil discords prevail, we shall be exppsed, not only to foreign insults, but 'o "bose.reyeugciuj deiDtrtick enormitiesj which have been th* 113 • • • • t;>rrour and disgrace of other nations. It is the great dii t/v then of every citizen, instead of exciting variance and party., strife, which are sources of confusion and misery, to promote concord among the people. And it wiil be the aim of good go- vernment to unite the citizens in the ties of friendship, and make the happiiiess of the State consist in the harmony ot its several parts, 8»ich a government will besuperiour tosel/ish con- siderations and partial attachments; and will inspire respect by. the equity and uniformity of its principles ; by a constant adherence to probity and good faith in its measures, and by causing moral rectitude to be had in honour. You wiil readily perceive, gentlemen, that our safety would be endangered by a general relaxation either in the mi- litary or the political virtues ; a decay of the former would ex- pose us to foreign aggression, and by a decline of the latter we should become an easy prey to the ambitious projects of restless and aspiring men among ourselves. The history of o- ther repnbiicks wiJl serve to lay open to our view the disguises, under which tyranny may be introduced in a free State. In the modern republicks of Europe, the scenes, which were for- merly displayed in those of Greece and Rome, have been re- peated. Dissention and party spirit were excited among the people, and their passions were artfully inflamed against the most able and virtuous citizens, an#j against those institutions ai i' restraints, which wisdom had devised, and the experience of ages had sanctioned. 'I'hese republicks, one after another, have los-t their freedom, and have been subjected to domestick usurpation, or foreign dominion, by the intrigues of men, who affected the language of patriots, while they aspired to the power of masters, and who, under the pretext oi asserting the lights of the people, betrayed and overwhelmed them. L«t us lake warning from their errours and misfortunes; and may He&ven j)^i'es«rve v.? from a similar destiny* CALEB STRONG, • • • • ANSWER OF THE SENATE May it phase your Excellency, THE senate particii)ate in the pleasure expressed byyoui*- ejccellency, in the prospect, that, IVoin a continuance of har-- mony in the several branches of government, the business of it will be conducted with advantai^e to tlie publick, and with ease and convenience to those, who are employed in its adniinistra-* tion. The subjects, which were referred from the former scss-- ions, will, at this rime, receive our mature deliberation. A— nion^ these we consider the judicial department of the govern- ment, MS highly important. Deeply im])ressed with the necessi- ty of lulapting it to the situation, e>:.tent and population of thi* country, in order that there jnay be an equal and prompt dis- taibution of justice among the citizens, we shall devote our earliest attention to making such revision and amenViiile our time and talents are devoted to these important objects, we may confidently bope for pub- lick jin[)robation and support ; but, should this be denied us, , the consciousness of having fiiithfully ajul impartially discharg- ed our duty will afford us ainple satisfaction. \Ve are fully ijn- pressed with a sense of. the important benefits which have ro suited from the constitation of the United States, and b?IieY« that few or none are desirous of witnessing the confusion and discord, which would follow its dissolution. Under the constitution of fhis S^tate are passed most o£ the laws and regulations, which affect our j^ersons or property; and, although framed and adopted during the ardour of a rev- olutionary war, such are the '(visdom and fitness of its princi- ples, so accurately are the powers of the ditierent departments adjusted and balanced, and so able and faithful has been the administration of the government under it, that the experience of more than twenty years, instead of lessening its value in the estimation of the people, has, it is believed, increased and con- firmed their attachment to it. But, although our country has flourished in peace asd wealth, yet, when we see the disgrace- ful state of subjection, into which other republicks are leduc- ed, after much suffering and exertion to obtain their freedo/n, it becomes us to reflect on the cause of their misery, and to discover and ad(^pt such measures, as may preserve us from a. like wretched situation. A general ditfusion of knowledge, and a just sense of the obligations of the christian religion, are essentially necessary, to preserve us from the vicissitudes, distresses and enormities, which have degraded other nations. The literary and relig- ious institutions, established by the first settlers of fhis State, ought therefore to be carefully maintained and supported. Seminaries for the education of youth, where maybe taught the principles of evidence, the proofs of Revelation, the means of detectine and avoiding thesubtleties of sophistry, a knowledjje of the tiistory of ancient times, which tends to inform us, what degree of restraint is required for the security of civil freedom, and als(\ to oj>eti to our view the disguises, under which tyranny may be introduced ; are of the lirst importance to the stability and '^att'ty of the State. An enlightened people, only, can dis- tiniiuisli between the factious aspiring denuigogue and the up- riuht and virtuous magistrate ; they alone can discern the arts, and restrain the passions, of those who wish to corrupt tbe publick morals, and, under the pretext of asserting the rights of the people, attempt to destroy them. We are fully sensible that the teachers of religion, by their moral and religious instructions, in this commonwealth, have been, and still are, eminently useful in preserving the • • • • blessings of good government, and upholding the order ofsocfe- ty. The principles of that religion, which confines the exer- tions of the human mind within the limits prescribed by its great Creator, which teaches reverence for the Deity, and a sense of accountabihty to him, must ever be the strongest bul- wark against anarchy and the wildness of political theroists. I'he awiul and desolating etTects, which would ensue from the destruction of this great fortress, have been fully proved, by the consequences which followed thai experiment, when made by the people of France. Our diistance from the nations of Europe, alrhough it diminishes our apprehension of invasion^ undoubtedly eacreases our danger from internal feuds; as many motives to unanimity are wanting to us, which would op- erate, if we were surrounded by powerful ruitions. Pretended patriots will be continually sowing the seeds of dissention, and endeavouring, by specious pretences of uncommon zeal for the publick welfare, to inflame the passions, against the most able and virtuous citizens. We ought, therefore, to use every ex- ertion to counteract the endeavours of those unprincipled men, 'ivho would mislead the people by false representations, and, after being advanced to power by the most vile and profligate measures, would rather submit to a despot of their own selec- tion, than hazard the loss of their ill acquired influence. As the best means of preventing discord and party variance,, it will be our endeavour to rise su(jeriour to sellish considera- tions and partial attachments, and to inspire respect by a C(m- stant adherence to good faith in all our measures. We are fully impressed with the truth of those just and pro- found observations made by your excellency on the causes,, which led to the destruction of ancient and modern republicks. Those observations evidently prove, that, so long as the virtue and publick spirit remained, by which their liberty was estab- lished, no foreign power was able to subdue them, and that their own vices, divisions and corruptions, aided by the arts of demagogues and false patriots, have uniformly involved them in one common ruin. Theirerrours and misfortunes are displayed for our instruc- tion and warning ; and we unite our fervent prayers with those of your excellency, that it would please the Great Arbiter of events to preserve our country from those tremendous convul- sions, which have sunk them into the abyss of despotism. M9 ANSWER OF THE HOUSE, May it please your Excellency , WITH great sincerity the house of representatives recip- rocate your assurances of satisfaction from the present meeting. We rejoice in the existing harmony between the different branch- es of the government, which affords the best earnest, that the business of it will be conducted with advantage to the publick, and with ease and convenience to those who are concerned in its administration. We assure your excellency, that we will not only attend with promptitude and diligence to the several topicks of legislation, which you have particularly recommended, but that we will devote our time to the advancement of the various interests of the commonwealth ; in attending to the requests of individuals, and removing any just grounds of complaint ; in affording suitable encouragement to every species of useful industry, and in supplying, as far as in us lies, whatever may be found defi- cient in our present system of jurisprudence. And, if, by an upright and conscientious discharge of our duty we shall merit, we will not doubt of receiving an ample reward in the appro- bation of our fellow-citizens. We cherish a belief, that there are few or none of the peo- ple of this commonwealth, who would not consider a separa- tion of the United States, as a measure greatly to be depreca- ted. The evils resulting to any portion of the nation from a continuation of the union, must not only be manifest, but op- pressive, before a dissolution of it ought to be admitted, even in contemplation. Still more firmly do we trust, that the great body of our fellow-citizens are yet wise enough, and will con- tinue, to prefer a republican form of government in its purity, as the surest preservative of individual rights. Equally and deeply interested as we all are, to support those free and hap- py constitutions, under which our country has flourished in 1$0 • • • • peace and wealth for so considerable a period, it must be adufy we owe, no less to ourselves, than to our posterity to observe, with a jealous eye,e\ery approach ofdanger; and to be equally solicitous to repel the encroachments of arbitrary power, wheth'* er proceeding from internal disorder or foreign invasion. It is a uielanclioly lrutii,tiiat of ail otlur republican governments, which have ever existed, we can only say, they were. Not on« of them is now to be found ; and notwithstanding it is a just subject of exultation, that our nation forms an illustrious, though a solitary exception to the general remark, yet it highly concerns us, attentively to consider the causes which have oc- casioned thesubversioii of all former governments bearing any resemblajice to our own. We surely cannot indulge a hope, that, if similar causes should operate among ourselves, they would fail of a similar etl'ect. Dift'ercnceS of era, climate or position, have not hitherto been knqwn to produce any difler- cnc(^ in the catastrophe. Unless, then, the authority of history be discarcied, or the experience of our own eventful times be rejected, it must be admitted that the loss of liberty has always been preceded by a corruption of the publick morals. Where virtuous habits, simjde manners and civil harmony have pre- vailed in communities, civil liberty has been found to flourish, and the force of mighty empires has been unequal to the subju- gation even of small States.-^ While, on the contrary, internal discord, vice and licentiousness, a general spirit of inaovalion, and more esi)ecially a distru>t of the most able f^nd viituftus citizens, and a disposition to transfer the publick coiilid^'ncc from tho^e, whose iidelity and ability have be( n tested by long and faitliful services, to those, who, with less experience, and of doubtful integrity, are more clamorous in their protesbions of 2eal for the publick welfare, have never failed to terminate in submission to the autluirity of a despotick usurper, unless in- vited by the prevailing distractions, that event has been antici- pated by a foreign invader. If any or all the evils herein enumerated should be in ac- tual operation among us ; and, if moreover it should be found, that we are fast declining from that purity in matters of religion, which forhied a peculiar ornament in the ( haracter, and was the surest safe guard of the political instilutior-s, of our ances- tors; if a sentiment should prevail, that publick virtue and I'i'l Private vice are comndtible (lualities in thesame character, that licentiousness and pvcfl.gacy are no objections n. candi- date, lor public offices ; if the usual means ct political intor- mation should degenerate into vehicles ot slander and abuse o " aracters and institutions entitled to the highest conhdence and resnect ; if restless and aspiring men should practise with suc- ccs tlo e insidious and deceptive arts, to «hich the wise and sood would disdain to stoop, therewould be too much reason fo fear, that the name of our o«n country would soon be a«- led to the melancholy catalogue of departed republicks. Should this last hope of freedom fail, this only republican gov- ern ntmaining'.m the face of the earth be subverte.l, them I e probability that the experiment would x-ver berep..U ^ ording to the \ Us wen "» K^i...v^w — - practice of our forefathers, to set apart a day accorduig to tne 1' -''- " " ,; "^ ,„ , „„i,e to implore the at the beginning "' 'f >^^ i'/J'^Vi^d, w ,h sincere iontritiou Divme r-tect,on a b ess^ , an ^^^^ ^^^_^^^ ^^ t^su^p^ltr^.-"" aTd^cceptance through the merits of Him who died for us : 12? Therefore, witli the advice and consent of the coiinci], ^1 appoint Thursday, the fourth day of April next, to be observed in this State as a day of publick fasting and prayer ; find x\n ministers and people of each religious denomination are request- ed to meet together for publick worship on that day, that with penitence and humiliation we may confess our oHences, and commend ourselves to the care ot thatAlmighty Being, without xvhose knowledge not a sparrow falls to the ground, and who attends to the concerns of men with the most gracious regard ; and beseech Him, that in our devotional services He would prepare our hearts, and cause His ear to hear; and that by the graces of His Spirit He would form us to such a temper, as shall render us the fit objects of His mercy. That He would preserve the union of these States, and make them high above all nations in praise, in name and in honour; and that our na- tional rulers may be directed by a spirit of wisdom, modera- tion and fntegrity. That He would regard with peculiar fa- vour the people of this commonwealth, and give them at all times wise legislators and faithful magistrates. That the Ministers of the gospel may exert themselves to vindicate the truth, and be, guarded against every thing which in their doctrine or example might mislead others, or furnish the enemies of religion with matter of reproach against it. That the churches may be reformed from whatever is amiss, and be recovered to rectitude and purity ; and that all, who pro- fess their belief in the religion of Christ, may cultivate the temper which Hciexercised and recomm^^nded. That in the course of the ensuing season. He would pros- per the labours of the husbandman, and crown the year with plenty ; — that He would ordain peace for us ; — that He would preserve us from wasting sickness, and continue to us the bles- sing of health ; — that lie. would protect and prosper our com- merce,manufactures and fisheries ; — thatHe would smile on the "university, colleges, academies and schools, and succeed their endeavours to train our youth to knowledge and moral excel- lence ; and that He would produceand cherish in all our hearts those virtues and graces which may fit us for the duties of the present life, and the happiness of the future. That He would grant to the nations of Europe the bles- sings of tranquillity and just govcrnraent. That the rod of the J23 • • • • i*ppressor may be broken, and the earth be no. lonr^er filled ^vith destruction and violence. That all nations may'come to the knowledge and belief of the religion of Christ; and that his kingdom may be every where extended, and tluit all do- minions may serve and obey Hira* And the people of this commonwealth are requested to ab- Srtainfrom labour and recreation on the said day. Given at the council chamber in Boston, this nine- teenth day of February, in the year of our Lord, one thousand eight hundred and five, and in the twenty-ninth year of the independence of the Unit- ed States of America. CALEB STRONG. By His Excellency's' command^ uith tJi€\ advice and consent of Council. j JOHN AVERY, Secretary. COD save the Common\Aealth of Massachusetts • SPEECH DELIVERED JU^B 7, 1805. - Gtntlemen of the Senate^ and Gentlemen of the House of Representatives, I EMBR \CE with pleasure the opportunity of congrat- iilatingyou on the return of the anniversary established by our constitution, and the proof which your fellow-citizens have giv- en you of their confidence. Accept the assurances of my re- gard, with sentiments correspondent to those by which they are dictated. Our obligations to the publick are expressed in the oaths we have taken to support the constitution of the United States, and to defend this commonwealth, and faithfully and impartial- ly to perform the duties of our respective offices. It is incum- bent on us, tliereforc, on all occasions, to support the constity- tional measures of the gcnaral governnipnt ; in this our inter- est and, duty coincide ; for, if that government is not well es« tablisljed ; ifit has notenergy sufHcierit tosuppres^ insurrections. :it home, and resist invasion from abroad ; our security will be lost in perpetual revolutions, and we shall be at the mercy of every lawless invader* But, as the national constitution defines and guarantees- the rights, as well of the Slates as of the citizens, it is the duty of the State government to watch over those rights ; and, if they should be infringed, to make such representation,as would tend to procure redress; thus it is probable a remedy may be obtained ibr any evils of this 4cmd, to which a State or part of of its citizens may be exposed, in a manner perfectly consi?tent with publick order and tranquillity. A dispositieu to censure and criminate the measures of government is ex« f remely prejudicial j — if they are good in themselves, we ought jiot to ascribe them to improper motives; and, if doubtful, canng,— If such cases have happened within your knowledge, you will probably think it reasonable to exempt from seizure certain articles, which are necessary fer iiphold' jng life. L 2. 1^^ Commissioners have, on several occasions, feeeaappoiaietl, at the request of the legislature, and with the consent of the parties interested, for the purpose of quieting settlers on lands ill the eastern parts of the State ; in most of the cases, to which their commissions referred, they have been able to ef- fect an amicable agreement ; but divers disputes of th^s kind still remain unsettled. The tranquillity of that part of the commonwealth, and the happiness of many individuals, would be greatly promoted by a speedy accommodation of those dis- putes ; and I shall be happy to concur with you, gentlemen, in any measures, consistent with the rights of parties, which shall be calculated to cflect this desirable object. The operations of banking, while under suitable restraints, iiiay undoubtedly be useful to the State, by rendering its capi- tal more active than it would be otherwise. Petitions have for . several years been presented at almost every session of the legis- lature, for the incorporation of banks. If such applications are repeated, it will be a question of importance whether an addition to the present number would be a public benefi to Many of the bills of other State banks, with whose circumstan- ces and management we are wholly unacquainted, circulate here ; and the capital stock of the Branch bank is seven hun- dred thousand dollars. We have besides, in this State,twenty- oue banks, which are allowed by law to issue, thirteen million dollars ; by their last returns it appears, that the whole of the debts due to them did not amount to eight millions.. If the ej^isting banks are authorised to loan a greater sum than the circulation can eenploy, the aggregate profits of banking would not be increased, nor would any additional assistance be given to trade, should a number of other banks be instituted ; they might indeed emit an additional quantity of paper; but the surplus would soon be returned to the several, banks, and ex- changed for gold and silver, to be exported. New banks would not increase the quantity of specie, they would only cause a subdivision of it ; and, if they should be induced, from the de- sire of gain, or a disposition to afford extraordinai*y accommo- dations, to discount too liberally, the banks themselves would be endangered, and, the directors might be compelled to dimin- ish theirjdisGountsso as to occasion very serious and .extensive commercial embarrassments. It has been raid, heretofore, thf^t th.e\bai|lv dividends were, 227 • • • • liiglier than the legal rate of interest, and, therefore, unless pe- titioners were indulged with incorporations, the law, which forbids usury, should be repealed. A measure of this kind . might be more injurious than any proposed addition to the ©umber of banks. If money was borrowed only on a calcula- tion of profit from commercial enterprises, the borrower mit^ht be safely trusted to make his bargain with the lender ; but a great part of the loans in the country ara to persons embarras- sed from misfortune or indiscretion ; by a repeal of the law against usury they would be left to the mercy of their creditors, and avarice would prey without control upon ignorance and ■ distress. I have received a letter from the governour of PennsyL- - vania, inclosing a copy of a resolution of the senate and house of representatives of that commonwealth, approving an amend- ment to the constitution, which was recommended bv the State of Kentucky, and by which it is proposed to exclude from the judicial power of the United States controversies be- tween citizens of different States — between citizens of the same State claiming lands under grants from different States,— and between citizens of a State and citizens or subjects ofa for- ei-gn State. Together with those papers, the Secretary will deliver to you a letter from the major general of the third division, re- questing that he might be discharged from his office in the mi- litia. — His request has been granted. In the present state of political disagreement, you can hardly expect, by the most upright and impartial discharge of your duty, to escape censure. But, whatever reflections may- be circulated upon the measures of government, or the conduct of its members, 1 hope and trust, they will have no effect to weak- en your attachment to the public interest. In many cases you may be compelled from a sense of duty to disappoint the wishes of your friends, and in some, perhaps, to expose your- selves to the temporary displeasure of a respectable part of the community. But, if the measures you adopt are just and useful, they will at length appear to be so ; and you will then receive the best compensation for publick service, the testimo- ny^ of your fellow- citizens to your merit and virtue. CALEB STRONG, I2'8 ANSWER OF THE SENATE. May it please your Excellency, THE return of the anniversary established by the canstt- tution affords to the-senate peculiar gratification, as it is ac°. companied by a new proof of the wisdom and discernment of their fellow-citizens in again placing your excellency at tha head of the government. The uniform display of integrity, in-, telligence and patriotism, hitherto exhibited by your excellen- cy, has acquired, and, we believe will long preserve, the es-? teem and confidence of every enlightened and virtuous citizen. Our firm persuasion of the excellence and importance of the constitution of the United States, as v/ell as the sacred ob- ligations resulting from our oaths, will induce us, on all occa- sions, to support those measures of the general government-, M'hich comport with the, provisions of that valuable instrument. At the same timewe feel it to be our duty to watch over and defend all the rights of the State and of its citizens, as der iined and gurantced by the national constitution ^ We have never conceived that it was intended the legisla- tures of the several States should become blindly subservient to the will of the general gorernment. Effects the most perni- cious and destructive would be produced by a doctrine so ab— tiurd and unfounded. Should such an opinion be generally a- dopted, one of the. strongest barriers against the designs of as- piring and unprincipled men would be destrayed. The arrangement and independence of the legislative, ju- dicial and executive powers, as provided for in the constitution, it is uiidoubtediy the duty and interest of every citizen to sup- port and defend. By the national system of government poli- tical power is so wisely distributed, as to afford the best secu- rity against the designs of the crafty and ambitious, and the great hazard arising from the levity and vei*satile humour of the ignorant and inexperienced. As long, therefore, as the several branches of the governmentjshall continue to be the the fiitn gurantces of each other's rightful and legitimate authori- • • • • ty, so long th^'y will preserve and render stable our confedera- tion. Bui, if either of those powers are disposed ©r enabled to lisurp and exercise the authority vested in the others, a speedy destruction of the government must inevitably ensue. We a- gree with your excellency, that the assumption or unconstitu- tional power can be more easily effected by the legislative, than by either of the other branches of the government. The first rfibrts, therefore, made by any inconsiderate or depraved mem- ber of the popular branch, to encroach upon the privileges se- cured to either of the other powers, must excite an high degree of indignation, and should call forth the most diligent exertions to avert the mischief which such attempts are calculated to produce. Several important subjects for legislation have been sug- gested by your excellency* They claim and will receive our. serious consideration. The resolution received from Pennsylvania, aproving aa amendment to the constitution of the United States, recom- mended by the State of Kentucky, however doubtful we may be of its expediency, will receive that respectful and deliberate at- tention, to which every communication from a sister State is entitled. Censure from political opponents, we are fully sensible, cannot be prevented by the most upright and impartial con- duct. But this apprehension, we> believe, will not abate our zeal to promote the publick welfare. More fortitude will be required to support us under the displeasure of our friends, if compelled by a sense of duty to disappoint their expectations. Should the measures we adopt be just, we trust their esteem may still be retained ; but, if their attachment should be for- feited, an approving conscience will afford to us ample and unfailing cousoktion. !sa ANSWER OF THE HOUSE. May it please your Excellency , ■. THE house of representatives witli pleasure offer theirs eongratulations to your excellency upon this anniversary estab- lished by the constitution ; and upon .the. additional proof,. U'hich your fellow-citizens have given you of theirhigh confi- dence, in again electing you to the office of chief magistrate ot this commonwealth. To support the constitution of the United States, to defend this commonwealth, and faithfully and impartially to perform, the duties of our respective offices, are obligations so important, as to be deemed by us at all times indispensible. We consider it as an incumbent duty to support the constitutional measures- of the general government. Without an energetick govern- jnent, careful and prompt to attend our best interests, the at- tempt to suppress domestick insurrections, or duly to oppose, foreign aggressions, would be altogether futile ; and, in the «nd, security would be lost, and revolutions succeed, destruc- tive to our peace and happiness ; and we should be exposed to the mercy of every lawless invader. As a spirit of insubordi- nation is the usual harbinger of tyranny, an energetick gov^ ernment alone, under Divine Providence, can shield us from, such a calamity. We view with the greatest solicitude our federal compact. Those sages from whose labours it sprang; those who adopted and made it the bond of our Union and security ; and those who moulded and fashioned the government, which has produ- ced to us the greatest national prosperity, must ever be dear to the citizens of Massachusetts. We consider with your excel- lency, ihat it is the duty of the State governments to watch over the rights guaranteed to them by the constitution ; it is e- qually their duty to guard with jealous vigilance, the preser- vation of the Union upon just and equal principles; and to » • •' • repel ercrp measure calculated to consolidate the' States under th€ dominion of a single State, The mutilation of the constitution must be followed by its destruction; its destruction by the es- :ablishment of despotick power upon the ruins of our honour and freedom. We cannot therefore but consider the recent proposal* made in the house of representatives of the United States to make the judiciarj^ dependent on the will of the ex- ecutive, and to annihilate the utility of the Senate, as subjects of serious alarm. If such influence can be obtained in the na- tional councils by aspiring men, as to enable them to change this sacred instrument at their pleasure. — If alterations should he the result of systematick efforts to destroy, cur country is des- tined to exhibit the end of republican government .; — it is des- tined to prove that men are incapable of froverning themselves, and that rational liberty can durably exist only in name. In the melancholy history of the ruin, of republicks, we mny find impressive lessons, applicable to our own country. — We are fully sensible that the experience of ages, teaches that liberty has been destroyed by the assumption of power, ob- tained in the most numerous branch of the government. The encroachment, therefore, of the legislative upon the other branches is the first and strongest indication of the dissolution of republican systems. The communication from the governour of the State of Pennsylvania, coming from so respectable a quarter, demands serious consideration. Yet we cannot but sincerely regret the existence of motives productive of the resolution to which your excellency alludes. The several objects of legislation reciDmmended by your excellency shall receive our most prompt and careful investi- gation, and while we return our grateful thanks for the gen- eral information communicated in your address, we assure your excellency we shall most readily co-operate with you in the adoption ot such measures as may be seemed conducive to the public welfare. The present state of political disagreement will not prevent the most impartial discharge of our relative duties. Censure and calumny too often usurp the place of praisr- and commen- dation ; but a conviction of having fully discharged our duty yi\\\ ever afford a sufiicient consolation for the injuries theyoc- .• *.• • ' casion. In the short period of time which has elapst?cl siace the establishment of our independence, we have witnessed ma- ny and rapid changes of pohtical sentiment, as to men and measures. Such instability would be regarded as unfriendly to the preservation of freedom, if we had not uniformly found that good sense and just conceptions finally gain their due as- cendency. Relying on this feature in the character of our fellow-Citizens, we feel the most unchangeable assurance that ■we shall retain and transmit to our posterity the political feli- city by which our couutry is distinguished. 3BY HIS EXCELLE-s^CY CALEB STRONG, ESQUIRI, Governour of the Commonwealth of Massachmetts, A PROCLAMATION Tor a DAY of PUBLIC THANKSGIVING, and rilAJSE. AT this season of the year it is highly proper for us,accord^ ing to the usage of our pious ancestors, to devote a day to the honour and praise of the Almighty ;— that, with united devo- tion, we may abunduntly utter the memory of His great good- ness, and sing of His righteousness ; and that we mi.y (each our children His praises and His wondcrtul works ; — that the gt-neraiion to come may knov/ them, and the children which tihallbe born, that they may set their hope in God. I do therefore, with the advice and consent of the Coun- cil, appoint 7VtHm%, the twenty-eighth day of Noxembcr next, to be observed in this Commonwealth, as a day of Pub- lick Thanksgiving and Praise; and the several denominati.uis of christians are requested to assemble in their respective places of publick worship on that day ;~that we may unite m rendering our thanks to the great Author of all our mer- cies for the protection which he has afforded to the people of this State from its early settlement ;— that he brought our forefathers from their native country, and gave them this land for a possession, because he had a favour to them ; that, when they were few in number and strangers in it, he suffered no man to do them wrong ;— and that in times of distress aa^ •.pf any p^rt is doubtful; iim?cdments n>ay b^ ^cces-. T37 sary, to alter or explain it. But it is in vaii^ to expeet that all will be satisfied. Free 2;ovcrnments admit of an endless varie- ty of modilieations, and the opinions entertained of tlieir res- ])ectire merits are equally various. When the constitution was established, perhaps no man, that became subject to it, was perfectly pleased with every part. It was the result of mutual concession, and such indeed must always be the case, when a foriii of government is voluntarily accepted by a commu- nity. Almost every nation, at some period of their existence, have enjoyed the privileges of a free Slate ; but how few have preserved them ! — they have been lost by the inconstancy of the citizens, or forfeited by their vices. In many rcpublicks, repeated variations in the modes of jj;overnmei.l have taken place, as different parties happen to predominate, until the peo- })le became weary of changes^ and preferred the quiet of abso- lute power, to the tumults of perpetual revolution. In the minds of some men, there seems to be a restlessness which ren- ders them dissatisfied with any uniform course of things, and makes them eager in the pursuit of novelty ; they abound in projects, and are ever nieditatina; some fanciful change in th« plan of government, which their imaginations re))respnt as use- ful. But men of great ambition are still more dangerous; they commonly make the. fairest pretences to j)rinc3ple, though they are actuated ©nly by self-interest. If the constitution or law\> of their country present obstacles to the accomplishment of their wishes, they employ every artifice to alter or abolish them ; .and, if individuals oppose, their attempts, thej' are e- qually artful and solicitous to destroy their induence, and ren- der them oviious to their fello\v'-citfzens. Few men, even in a prosperous community, are fully sat- isfied with their condition ; a groat part are easily induced to believe, that there is something wrong in the government or laws, which might be rectified to their advaniuge ;. they there- fivie readily enibrace any specious j^roposvil to elFect an altera- tion. l;he crafty and ambitious know how to avail themselves of this disposition to change, and eiicourage their followers to expect, that the ameiulments they propose will perfectly suit their case, and produce the very blessings they wish ; in this ^■iiv. tbey not only effect thcifiminediatg^ obj^ect^ but acquire M-L- 338 • • • • an influence which enables thein afterwards to accomplish tlie = inost destructive innovations. Such persons encourage hopes, that can never be realized, and excite complaints, which the most wise and benevolent administration is unable to remove. Indeed, we are generally apt to ascribe too much to thd. efficacy of lav.'s and government, as if they alone could secure ■ the happiness of the people ; but no laws will be sufficient to counteract the influence of manners which are corrupted by- vice and voluptuousness ; and it is beyond the power of any government to render the circumstances of the ci'izens easy and 'prosperous, if they want the habits of industry and frugal- ity. — Government is necessary, to pi-eserve the public peace, - the persons and property of individuals ; but our -social happi- ricss must chiefly depend upon other causes ; upon simplicity and purity of manners ; upon the education that we give our children ; upon a steady adherenq^ to the- customs and institu- tions of our ancestors ; upon the general diifusjou of know- ledge, and the prevalence of piety and benevolent affections among the people. Our forms of government, are,- doubtless, like all other institutions, imperfect; but they will ensure the blessings of freedom to the citizens, and preserve their tranquillity, as long as they are virtuous ; and no constitution, that has been, or- can be formed, will secure those blessings toa.depraved and ricious people. The unanimity, which appeared in both i>raHches of the legislature, when a proposed amendment to the national consti-- tution was disapproved by you at the last session, may seem to render these remarks superfluous ; but as the constitution of this State does not require, that such amendments shall he laid^* before the executive, for approbation; and, as oth-er questions of this kind are likely to arise, I trust, there is no impropriety- in suggesting these rellecdons^ or in adding my testimony in fa- vour, of the priiK'iples you adopted, in the iu^tar^ce, to which 1 -refer. You, gentlemen, I presume, will do^ alt in your power, k> preserve and ))eipetuate the advantages enjoyed by our fel- low-citizens ; by supporting jhe good order of society, and in- c'reasing the influence of virtuous manners ; and by cherish- iag s.chpok.aatl seminafics of learjiing, where our youth- imiy- 135 • • • • bb ins-triicted in the rights and benefits of equargovemntenr, - a«d strengthened in their abilities to assert and preserve them. As the university of Harvard college is placed by the consti- tation under the peculiar patronage of. government ; and as it is made the special- duty of the legislatures and magbstrates of the State, at all times to cherish it, you will in a particular manner be disposed to afford that institution such encourage- ment and support, as its circumstances may render necessary. The spirit of candour and of mutual deference, which: were manifested in both Houses at your former session, afford the best assurance, that your views will continue to be direct- ©tl to the common goods If, from the state of the public mind, there is danger of the impulse of party spirit, you will be convinced, that every unnecessary dispute, which would have a tendency to inflame that passion, should be avoided ; and I hope, and trust, that such proofs of justice and impar- tiality will appear in all your measures, as the most dissatisiied will be forced to respeet. CALEB STRONG. ANSWER OF THE SENATE. May it please your Excellency y WE acknowledge, with gratitude to the Supreme Dispos- «r of events, those circumstances of publick prosperity, under which we are now assembled, and are deeply impressed with a seiisioa greater evils, than they were designed to remedy. We are convinced, that, in order to accomplish any valua- ble purpose, the measures of government should be uniform and consistent ; that the laws should be well understood by , the citizens, and their real tendency always known. Instead theretbre of adopting visionary schemes, we shall listen to the Toice of experience, and only apply subt.^itutes for such exist- ing regulations, as appear to be mauile^tly opposed to the pub-^ lick welfare. We shall look, with a still more cautious eye, upoa tvery innovation attempted to be made upon our national constitution.. The integrity, experience and extensive infor- mation discovered by the illustrious characters who framed, ihat valuable instrument, and the series of publick prosperity- enjoyed under it, entitle it to our highest veneration. Its ex- cellence appears with still greater lustre, when compared nith the ephemeral constitutions of many nations, which have v fiitted a.croiis the eye in rapid succession, and then sunk into > iotal oblivion. We arc not iuscasiblo that our form of go- 141 vprnnrent must be imperfect, as was the nature of its authors; but we recollect at the same time, that any proposed alteration, under the name of amendment, is liable to the same imperfec- tion. Believing, therefore, that the principles of the constitution are as well adjusted, as human infirmity will permit,- and that a small innovation may essentially pervert its original tenden- cy, we shall exert ourselves to preserve it in its present form, except in cases, where its operation shall- be found to be ex- ^emely unequal and oppressive. The testimony, whieh your excellency has expressed uv favour of the resolutions adopted by the legislature, when a proposed amendment in the national constitution was disap- proved by them the last session, proceeding from a statesemaii of great experience, and one, who, having been, a, nu^nber of the° general convention, must have known the principles, on whicli the constitution was formed, is highly pleasing to the senate. The recollection, that so few among the nations, once enjoying the blessings of freedom, have retained their privi- leges, is' calculated to excite our attention to those causes, which produced their destruction. Inconstancy and vice among^^, the people are undoubtedly the prominent sources of this ca- lamity. The specious and restless, and still more frequently,, the unprincipled and ambitious, are ever ready to avail them- selves of the common ardour for novelty, and, by exhibiting false allurements to the thoughtless and uniformed, are fre- quently enabled to. sab vert the best established system of gov- ernment. Disappointed and bewildered in the pursuit of fan- cied improvements,, wliich can never be obtained ; linding that substantial good has been abandoned, to pursue an illusiv© phantom ; chagrined and exjiusted by fruitless exertion, the mind at length relaxes, its efforts, and submits to that absolute power, which, although it dissipates the visions of hope, at th(i same time relieves from the distress of anxiety. To prevent these evils, it is necessary that knowledge should be generally dit^'used, industrious and" frugal habits formed, and pious and benevolent affections cultivated, among the people. That the advantages enjoyed by our fellow-citizens may be perpetuated, we shall do all in our power, to increase the, juiiuence of yii^ru^us manners j and, that ,th^ abilities of oi;^ . • • • • y^uth to uivderstand and assert their rights may bf s^reiigtKen— ed, we shall cherish schools and seminaries of learning. The university of Harvard college, placed by the constitution under the peculiar patronage of government, and endeared to us by. the recollection of its great utility and the number of illustri- ous legislators and statesmen, whose names are- enrolled among, its sons, we shall consider as entitled to ample support and en» courageHient. In the present, as in our former sessions, we shall endeav- our to avoid all disputes tending to inflame the pas»sions, and direct our views to the promotion of the pul^lick welfare. And, so long as we follow the dictates of Justice and impartial- ity, we hope to command the respect of those, whose interested- tiews or dissappointed expectations may render them most di*--* aiitiatied with our measuresi ANSWER OF THE HOUSl^. May it phase yeur Excellency, WE readily acknowledge, that we are bound to entertain- the most grateful emotions for the prosperity of our country^, tspecially when we compare ojjr condition with that of most of the christian nations of the earth. We enumerate, among the causes of our gratitude, the peace with Tripoli. Bj this event our commerce in the Medi- terranean is rendered more secure, and a number of our valua- ble citizens, languishing in ignominious slavery, have been re- st' jed to liberty, to their friends, and to their country. In- the course of the operations which have led to this desirable ob- ject, we recognize, with pleasure, the undaunted bravery of our seamen, and the skill and enterprise of their officers; we have seen them unappalled by the danger, and even certainty of death. "Jhese eiibrts, seconded by the co-operation of a land force, conducted by the distinguished courage and persevering exer- tioagof one Qf our citiaeas, have undoubtedly contributed te>: 143 • • • • a • • 'Ills a cause of regret, that so many laws have boc*'' "thought expedient concerning the judiciary; and of greater regret, that still iurlher provisions are indispensable. I'ourli- ing this highly important branch of the government, whicli is ^' the immediate and invisible guardian of property, characteraml life,'' we trust we are assembled with new experience, and with the most patriotick dispositions. It is confidently believed, ihat the session will not close, without an harmonious and ar- dent endeavour to remove the evils, which attend the adminis- tration of justice under the present system^, and to relievo the publick from the excessive burthens, which accompany an ap- peal to the laws for their reme-ditd influence. We are gratified in finding, that your excellency's opin- ion on the late proposed amendment of the federal constitution comports with the unanimous vote of the legislature. The changes, which are wrought by the lapse of time, in the state of the nation, may make amendments unavoidable in that in- instrument, if a reciprocity in its benefits is {o be secured to the union. The commendable jealousy of republicans justifies the belief, that proposals to amend, not grounded on such changes, are intended, not to perp«tuate, but to destroy. Such proposals must be regarded as marking designs^ which the au- thors of ihem dare not avow ; and as aiming at the existence of our liberties, Ik.'.-, ever fascinating and grateful may be the -forms, in which they approach. It will occasion mingled regret and astonishment to those who shall read the liistory of our C(»untiy, if they do not iind in it, that our political liberty was preserved. TJjeffact of our having had the power to choose our own .government ; our Jocation on the globe ; our means of information ; our abun- dant resources ; our religious toleration ; our attachment to habits of virtue and piety ; if these will not avail, there can Jbe no hope of rational freedom. The history of our specie* has prepared us to expect, that in this country, as in otheis, which have been iu. the fruition of all the blessings, of which human nature is susceptible, there would be men restless, diiy- .satisfied, or dangerously ambitious. But we are not prepared to believe, that such men, by themselves, or their agents, can permanently incline us to listen to calumnies against the wiscsX itttd worthiest patriots ; nor.engagc us to neglect, to abandoi^ 145 f.nd to revile the authors ol our country's ft'licity. It is a im-'lancholy truth, that the success of such designs has convert- ed every republick, that we liave known of, into a frightful despotism. But, as our institutions are different from all, which have preceded ihem ; as our citi'zens are (lifferent from all, who have ii\ed under similar governments; we feel an a^urance, that tin.' result of our political experiment will also be different. If we are deluded in these hopes; if the great body of the community will not be intlucnced by such eviden- ces, on this momentous subject, as govern them in all the com- mon concerns of life ; if it be their inclination to be deceived by those, who covet dominion over them ; the patriotick and the virtuous cannot avert their destiny. A continued exertion for the publick benefit is nevertheless, an imperious duty. If it should be without avail, consolation will be derived from the reflection, that posterity will form an impartial tribunal, and from the records of history will pronounce an unerring judg- ment on merit and demerit. A far higher consolation may be derived from feeling conscious that the actions of men are to be scanned, where they will be had in remembrance, as testi- monials of title to unchangeable approbation or reproach. We are deeply ijnpressed with the inseparable connexion of Uvii governments with learning, piety and virtue ; and shall feel it an indispensable obligation to spare no exertions, indivi(iually and collectively, which may tend to their promo- ti(;n. The university is especially under the patronage of the legislature ; and we entertain ai^ expectation, that the present official vacancy will he so filled, as to increase its celebrity, and give occasion for the exercise of illustrious virtue and tal- ents. We doubt not, a spirit of candor will govern during the 'Session, and that weshiill feel thai our mission is to legislate, and not to inflame party animosity. The tenour of your excellency's Ufe, and the uniform ex- ertions of your abilities, while you have sustuined a political relation to this people, assure us, that we shall have your con- currence in every measure, which will be conducive to the publick welfaie. U6 Y HIS EXCELLENCY CALEB STRONG, ESQu^iitj^, Goveniour of the Commonwealth of Massachusetts A PROCLAiAlATION For a DAY of PUBLICK FASTING and PRAYER. REVERENCE for the Divine Being, who extends Uk •are over all II,. works, and whose regulations are calculated for the general beneiit of His creatures, though they continual- y otlend Ilim ; and a consciousness, that we are indebted to His mercy forall the public and private blessings we enjoy; should dispose us, when we begin the employments of the year agreeably to the practice of our forefathers, to humble \mvl selves betore Him, as a people; to acknowledge our depen- dence ; and beseech Him, that He would awaken in us a sense ofourunworthiness, andthe guilt we have contracted; that by humiliation tor our ofiences, and by penitence and prayer, ^ve may obtain, through the merits of the Mediator, the tor' givencss and favour of Heaven. r..;n.T^'''*^r"''lf 'V^K''^^^''^^"^ consent of the council,.! ai)- po ntr/..;W«^ the t nrd day oUpril next,to be observed huL btate,as adayof publicfasting and prayer ;--and the different re- ligioussocietiesiire requested to meet together for public worship on that (lay that we may join to supplicate for the peace and prosperity ot our country; and to commend ourselves to the pro ection of that Almighty Being, who directs the conduct It ^"'ri'!^' ^"^^ ^'''^' '^^'^ ^«d «^*PPo^t to all His creatures ; and beseech Him, that He would forg.ve our sins, and be mer^ Citul to us, as He ever has been to those, that love His name • and that, in answer to our request,He would grant us whatever shall be subservient to our private b.opincss, or conducive to ttie public good. That he would prosper the United States, and preserve them from external enemies, and from discord and division a- cheiish the rights secured to them by their Constitution, and be skived Irom the baneful influence of licentiousness ; and that the president and congress, by a wise and faith tul per- formance o their respective dutie.,may advance the honoi' and happiness of the natiun. That the people of this Statx? may be of one mind and live m m-peace ; ami that all bitterness and wrath and ciamcar may be put away from «s, with al! n.aiice ; and that we mav spealc every man the truth to his neighbour. That a conviction ot' our own failings may teach us candour, and a sense (^'. our constant dependence on the Divine bounty incline us to hah- itnal and dniusive benevolence to our fellow creatures. That the gospel may be attended with convincing cvidcncp of its Di- vine authority, and with efficacy and success in reforming the lives and purifying the hearts of men. And that lie would grant us the influences of His Spirit,to assist and animate us in aUtheservices, and to support us under all the suileiinus of irie ; that, in every period of trouble and dani:-er,we may°eon- ijdein His wisdom and goodness, and look to Him for our de- fence and safety. That, in the course of this year, He would (rfve us rai w in due season, and abundantly bless our provision, and satisfy ihe poor with bread. That He wouUl continue to us tl)- enioy- ment of peace and health. That He would protect our con'.- mence, and prosper our manufactures and fisheries ; and that, by His blessing on the instructions and government of our col- leges and schools, the minds of our youth may be enlicvhtcncd and cultivated, and formed to habits of virtue, indusrry and subordination. That He would humble the pride and arrogance- of those en- emies of mankind who delight in war, and who sacrifice the *^ peace of nations to their ambition. That the cause of truth and righteousness may triumph av6r all opposition, and be universally established in theearth ; and that the christian church may be purified and enlarged, and made an etermil ex- cellency, a joy of many genciations. And the people of this State are requested to abstain from ^unnecessary labour and recreation on S2|id day. Given at th-e Council Chamber in ftostoH, thi.s seven- teenth day of February, in the 3'ear of our Lord one thousand eight hundred and six ; and in the thirtieth year of the independence of the United States of America. CALEB STllONG. % his ExccUaicfs counnandy, uiih the ) advice and consent of Council. \ JOHN AVERY, Sccnnmj,. GD.D save the commonwealth of Massachusetts. * ' • • • • speech; DELIVERED JUNE 17, 1806 Gentlemen of the Senate, and Gentlemen of ike IIuu}>e of Representatives^ THE constitution makes it necessary for the legislative Body to assemble on the hist Wednesday of May, tiiat the two houiics Tnay judge of the election of their own me-m hers, appoint their oflficers, and determine their rules of proceeding ; and, in tfiisc the full number of senators is not elected -by a majority of all the votes returned, to supply the deficiency ; and to make fhoice of a council to advise in the executive part of govern- ment. Having performed these several duties, you will pro- feed to make and establish sUch reasonable laws, as you shall judge expedient for the good and welfare of the commonwealth, and the necessary support and defence of the government. But it has been found inconvenient for the members of the general court to be long employed in the public service at this season of the year, and therefore they have usually postponed to the winter session such business, as did not require thei? immediate notice. The secretary will deliver you a communication, which 1 have received trom the governour of Maryland, relative to an amendment of the federal constitution; and also a letter from William Ivaton, esq. expressing his acknowledgments to the legislature of this State for the testimonial, which they pre- sented him at the last seosion, of their approbation of his ser- vices. He will also deliver toyoua letter from the superintendent of the State prison, representing that a sea wall will be neces- sary, to prevent the c^artb, which is tak(wi from the prison yards, from being washed away, and proposing some regula- rions for the security of the prison, which cannot be adopted \vithout the sanction of legislative authority. The treasurer has transmitted to me a state of the treasu- ry on the tlrst day of this month, with a request that I would' communicate the same. to the §;encral. court. • • • • Permit me also to recommend to your consideration the contents of a letter addressed to me by Theophilus PiLrson3,es(j. chief justice of the supreme judicial court, relating to the compensation allowed to the justices of that court, and partic- ularly to the grants made by the legislature in part of it, which are not permanent. - By a message to the general court of the ^th of June. 1 804-, they were informed, that I should readily acquiesce in such resolution for disposing of the province-house, as they might think proper to adopt. But I have not heard that any mea- sures were afterwards taken by the two houses on that subject. The family, who have lived in the house, for several years, and with whom I resided, when in town, have left it since the last session, and it remains unoccupied. I have received a letter from Charles Turner, jun. esq. who was appointed i^y the agents of the commonwealth, and of the Plymouth company, in pursuance of a resolve of the 27tli of last February, to perform the duties, which had been as- signed to Lathrop Lewis, esq, by a vcsolve of the 15th of Febru- ary, ISO^, stating, that in March last, he attempted to run the boundary line of the Plymouth company's land on the river Kennebeck, as far as the land of the commonwealth and that of the Plymouth company joined each other, and that he met with such opposition from the people in that vicinity, as indu- ced him to desist, before the business was accomplished. — This ' letter will also be laid before you. The treasurer intbrms me, that iho directors of several of the incorporated banks in this State neglected last year to have the weights used in their respective banks compared, proved and sealed by the Treasurer, or by a person specially author- ised by him, in the manner required by the additional act for the due regulation of weights and measures, passed on tha 9th of March, ISO-i-. If those requisitions are unnecessarily bur- densome, you will doubtless amend the act : but, if they are i^seful and important, you vvill probably take measures for car- rying it into full execution. In a letter directed to me by the inspector of beef and pork, he suggests, that the inspection laws of t'.i< Sjate are very imperfect ; and that some of the additioi\al acts, which have ween made to regulate the system, have tended rather to per- N.2 150 • • • • plex and emharrass, than to improve and explain, it. ThTs subject, I presume, will receive from you that degree of atten- tion, which is due to its importance. In free States, where the mind is neither subdued by force 1X0 r awed by terror, even the appearance of unanimity is not to be expected. But, whatever differences of opinion may pre- vail among our fellow-citizens, we, as agents of the common- wealth, have one and the same interest to pursue, and are bound by the most solemn obligation to pursue it invariably., Our constituents have a right to expect our warmest zeal, not for the success of a party, but for the public good. You, gentle- men, I trust will have this object constantly in view, and in- stead of consulting private interest, or gratifying partiality or resentment, will be ready to agree in all cases, where the gene- ral welfare of the State is concernedo Siieh an example in the- legislature will have the happiest tendency in every part oi the commonwealth to abate the fervor of political dissensions, and prevent or repress those internal feuds, which, if long con- tinued, admit of no reconciliation; and which in other coun-> tries have proved fatal to almost every free government. CALEB STRONG^ , ANSWER OF THE SENATES Mat/ if please your Excellency y THE senate have received the address, which your ex-- cellency has been pleased to make to both branches of the le- gislature, with that respect and consideration, which is due to the first magistrate of a free people. Having organized the government, according to the con?- stilution, we believe it will not be expected by our constituents that we should continue longer in session, than may be found liecessary to conipietfi, such laws, as their immediate welfare akall rcc^uirei }5i ' ■ • • • In a State like our own, where free discussions of publick measures are cherished by the constitution, perfect unanimity, isnot to be expected ; -but, if such discussions have at any- time been directed by party zeal, or selfish motives, we have the satisfaction to believe, that even these have tended to prove the correctness of its principles. While ive agree with your excellency, that " whatever differences of opinion may prevail among our fellow-citizens, we, as agents of the commonwealth, have one and the same in- terest to pursue,'', we cannot for a moment relinquish the fond, hope that no consideration of party politicks will swerve the legislature -of Massachusetts from that path, which leads to the perpetuation of our constitution and the confidence of our fellow-citizens. The several subjects mentioned in your excellency's comr raunication shall receive our particular attention, and we shall cheerfully co-operate in affording that dispatch to the business, ei.the session, which the publick good requires. ANSWER OF THE HOUSE. Maj/ it 'please your Excellency y THE house of representatives have received with plea^- sure the communications of your excellency, and will give them a prompt and deliberate consideration. The present session has been hitherto chieflly devoted to the organization of the government, and, this being accomplished, it seems in- expedient to prolongit,unless the pressure of publick service re- quires. In the exercise of the constitutional power of the two branches of the legislature, respecting the returns and election ofa chief magistrate,various questions of gi'eat importance have arisen, and occasioned much deliberation, in order that such de- cisions might be made to comport with the true principles of •ur government, and the permanent interests of the people. Differences of political opimon unavoidably flow from tku 152 ' free exercise of the understanding, and are intimately connect- with tiie nature of republican institutions. When confined within the boundary of reason, they may be considered as salu- tary,. by awakening a spirit of inquiry, and diffusing a sentiment of toleration. But the interest and tranquillity of every gov- ernment require, on the part of the people, a respectful atten- tion to the constituted authorities, which shall resist the im- putation of improper motives of conduct, and. on the part of those authorities, an elevated ambition for the public good, which shall 'bury party animosities and private resentments, I>y a faithful discharge of the duties prescribed by the consti- tution', by an endeavour to promote harmony in the monftent of political dissensions, and by a sincere determination to- act for the public weltare, we- hope to merit the confidence, and to promote the felicity, of our fellow citizens. Blest, as we are, with a constitution, formed upon the principles of political wisdom, and with a national adminis- tration, whose measures are directed to the honour and pros- perity of our country, v^^e cannot fail to enjoy the benefits of liberty, if we are not insensible of our duties, or careless of our privileges. Rem.oved from the contentions and miseries of foreign nations, may we support the dignity of freemen by a generous confidence in our rulers, and by an exalted sense of national character. »Y HIS EXCELLENCY CALEB STRONG, ESQUIRS, Governour a7id.Command€r in Chief in am over the Commonwealth' of Massachusetts. A PROCLAxMATION, FOR A DAY OF PUBLICK THANKSGIVING AND PRAJSB. TO impress our minds with veneration for theSupreme Being, and awaken them co pious and devotional gratitude for the publick blessings we enjoy ; it becomes us, at this season of the year, agreeably to the practice of our forefathers, to set apart a day for religious and social worship ; That we may join to 155 nfTTer up our sacrifice of thanksgiving to the Father of Mercies^,, in whom we live, and move, and have our being, and ascriber the praise of all our peace and prosperity to His care and fa- vour ; and beseech Him, that Hg would continue to us hisgra-* C'ious protection, and enable us to yield Him that faithful and constant obedience, which his perfections and our increasing obligations to him concur to demand. I'herefore, with the advice and consent of the council, I appoint Thursday^ the twenty-seventh A?iy oi November next, to- be observed in this State, as a day of publick thanksgiving and praise ; and the ministers and people, of every denoinination o£ christians, arc requested to assemble in their respective places of publick worship; that, with a solemnity suited to this religi- ous and joyful festival, we may unitedly pour out the devout em.jtions of our hearts in gratitude to our common BenefactOi-, for all the bounties of Providence, which he has conferred up- on us. For the inestimable blessings of civil and religious lib* €rty ; for the maintenance of publick peace and order, and* the security of individual rights ; for His blessings on the la- bours of the husbandman ; that the fields have been loaded with plenty, and the 3'ear crowned with its fruits ; for the suc- cess which he has vouchsafed to our trade, manufactures and fisheries ; and that notwithstanding the obstructions, to which commerce is exposed, our country fl^ui'ish^es in wealth and in- dustry ; for his goodness in continuing to us so great a measure of health, and preserving us from contagious and desolating ^ckness ; and, above all, for the gospel of his Son, which has clearly manifested the purposes of his mercy; and which, while it points out to mankind the way to happiness, inspires them with the most benevolent sentiments, and recommends the most amiable qualities. And, while wx praise him for past benefits, let us suppli- cate the continuance of His favour, and commit all our con- cerns to the care of His wise aixl gracious Providence ; and en- treat Him,, that He would forgive our multiplied offences, and incline our hearts to walk in His ways, and tv) keep all His statutes, which He has commanded us. That by His grace He would subdue the prif^i- of our hearts, and banish every impure and malignant affection from them ; and that we may serve kim with fidelity and cheerfulness in the abuiulance of the good • • « • things he has given us, so that when vv6 can no longer he (ed' with the gifts of His providential bounty, we may be filled with the fruit of the Tree of Life. That our national and State governments maybe under the guidance and direction of His Spirit, and be led into such measures as shall conduce to publick tranquillity and happi- ness. That the means employed for the moral and religious instruction of the people, and for the education of youth, Hiay be succeeded. Timt he would preserve us from animosity and dissention in our political concerns, and from a censorious and intolerant spirit, under the pretence of zeal for that reli- gion which consists in love to God and chanty to man. That He would grant peace and safety to the nations of Europe, and protect the helpless and weak from the insolence and cruelty of unrestrained power. That the gospel may^ speedily have that universal triumph, which we are encouraged by the oracles of truth to ex})ect ; and that all nations may come and worship before Him, who only is holy. And the people of this State are requested to abstain from such labour and recreation, as are inconsistent with the religi- ous services of the said day. Given at the Council-Chamber, in Boston, this twenty- second day of October, in the year of our Lord on« thousand eight hundred and six, and in the thirty- first year of the independence of the United States of America. CALEB STRONG, ' By his ExeeUency's command, with the 1 advice and consent of the Council. 3 ' JONATHAN L. AUSTIN, Secretarii. G-od save the Comjnonwealth of Massachusetts. 155 SPEECH UffiLlVERED JANUARY 8, 1804. Gentkmen of the Senate, ojid ^^^^tlemen of the House of Representatives, mamMm mentand happiness of our felloi^it e,'^'l;eTn , ' , ^2^ men, to assure you, that no care shall be wa, t ™ oT^f p rT "nSrS'r^ '^^ ^^ '''*^^'^'<^' '» '^-«a,„,„e,U o"f Z^^^i 2^^"^:i^:'l:;ri^-:^;t---^^ and nranagement, ,n pursuance of rhe an.hori.v Jiver.l eX be fullv nfont,! ff " ""'" ''°<^"™ents the legislau.re will of the institution. ^ ''""^^ '" P''"'""''' ""= ''^^ig" late te Lure o tt ' " "'"'' '^".'^ ''*J"^' "'« »^^™»'^ °f the t.easurer of the comn>onwea)th. and to transfer the book. 156 and propei-ty of the publick in that office, to the present trea* surer, have accordingly made a settlement ; and, in compliance with the order, have reported a statement thereof to the gover- nour and council, which ^N^ill be laid before you by the secre*" 4ary. He will also deliver you the annual return, from the ad- jutant-general, of the militia of the commonwealth ; and the quarter-master-generars returns of the ordnance and military stores belonging to this State. You will perceive, by the treasurer's account, which will be laid before you in a few days, that, a vigilant and frugal ad- ministration of the publick revenue is necessary, to defray the expenses of the commonwealth, and discharge what remains due to its creditors. Notwithstanding the frequent reductions of our State debt, since the close of the war, in which it was incurred, it still amounts to eight hundred and fil'ty-six thou- sand dollars ; the interest of which at five per cent, has, for a number of years, been regularly paid. 1 think you will en- deavour to provide for the principal, as soon as conveniently may be ; and that you will be solicitous to effect this object without increasing the usual publick taxes. The same ac- count from the treasury will exhibit the [demands in favour of the commonwealth, and the other means we possess of discharg- ing the debt. Unless the creditors preler a continuance of the loan, at the rate of interest, to which they are now entitled, the policy as well as justice of delaying to make j)ayment, when- •ever it -is in our power to do it, may be doubted. A wise gov- <3rnment will always consider probity and good faith in perform- ing their engagements as the most valuable treasure they pos- sess, and the most certain resource in all the exigencies, to which a community is exposed. The strength of a rei)ublick consists in the mutual depen- dence and agreement or its several parts. A consciousness of their individual wants and weakness unites the membersamong themselves, in the bond of common interest ; and, so long, as a firm and sincere regard to the common good prevails, it ren- ders the republick invincible, and enables it to maintain its liberty and independence against all its enemies. If the State, while in this condition, is threatened with any injury from a- bioad, the private quarrels and party dispute* of citizens are 157 « • • • suspended by the loveof their country and the fear of cominoa danger ; they immediately unite, and are eager to perform the diity of their respective functions. It is evidenr,thereforc, tliat the security of every free State depends on the virtue of ("lie individuals who compose it ; and every individual is concerned, and may be useful, in promot- ing the general safety. Let it then, gentlemen, be our care to do all that is incumbent upon us. Let us attend to the organ- ization and discipline of the militia, so far as these duties are assigned to the several States. Let us guard against those di- visions and that foreign influence, which has proved fatal to alt other republicks. Let us endeavour to unite the people in friendship and mutual confidence ; and shew, by our example, the same moderation and candour, and the same reverence for the lawy, which we expect from our fellow-citizens ; and let us cheerfully contribute whatever the national government may think necessary, for the protection of our commerce, and tlK3 complete defence of our territorial rights. CALEB STRONG. ¥1NSWER OF THE SENATD. May it please your Excellency, GOVERNMENT being instituted for the common good; for th*^ protection, safety, prosperity and happiness of the peo- ple, our constituents have a right to expect, that the authority, with which they have entrusted us, should be employed in pro- moting these essential oljfjects. In the discharge of this duty, the senate receive with pleasure- your excellency's assurance of co-operation and support. The State prison being an-institution intimately connected with the safety and happiness of the people, we shall promptly attend to such proposed alterations as may tend to promote its usefulness. O 158 • • • • Strongly impressed with rlic irnpoitancc of piiblick credit, and establishing a con^dence in the probity and good faith of the commonwealth, we j-hall pay such attention to its-iiscal eoncerns, as that inti^resting subject will at all times require. The strength of a "rcpublick consristing in the mutual de- pendence and agreement ot its several parts, it becomes the du- ty of the public!* functionaries to cherish this important prin- ciple ; and permit us to assure your excellenc}', that nothing shall be wanting'Onour part to cultivate harmony, not only between the severill dej)artments of our State government-, but also to promote it in ull our relations to that of the nation arud our sister States. The United States, placed at a great distance from the powerful nations of Europe, have wisely resolved to take no part in their contentions; and, when united at home, can have little cause to fear either their force or their influence. It is, nevertheless, the part of a wise government to guard against them. If, however, from the operation of the one or the oth- er, our rights, commercial or territorial, are at any time me- naced, the general confidence w hich -is placed in the wisdom and integrity of the national administration, is a safe })ledge of that heaity assistance and co-operation, which will ensui^e their complete protection and defence. ANSWOl OF THE HOUSE. Maif it phase 1/ oil r Excellcnci/, IN convening again for the exercise of constitutional funo tions, the house of re})resentatives receive with satisfaction the address of your cxcellericy, and congratulate you on the gene- ral health and prosperity. Organized by the publick will, and sustained by the publick confidetice, we feel the deep respon- sibility devoUed on lis, and proceed in oi>r duties with mingled diffidence and zeal. We trust vAith a free-and generous pf^ople the fair interpretation of our conduct, and are encouraged by 159 the assurance, that the executive department will co-operate in measures calculated to secure the dignity and happiness of the coninionwealrh. In a republican government, where the popular opinion is distinctly felt in every departmcni, vigour and prudence in the exercise of its delegated powers can never be expected, unless union and caiukiur prevail. In vain shall the, arm of power be raised to crush domestic coHS))iracy, or repel foreign ag- gression, if the wisdom of the council be not seconded by the virtue of the citizen. A zeal in defence of national righrs, a reverence for civil authorities, and an honourable obedience to the laws, are the rudiments of real patritjti^m. They alona can insure to us, at home, harmony Jrmd happiness ; and, a- broad, respectability and confidence ; in peace, the undistur- bed possession of liberty^ reputation and property ; and, in war^ the successful defence of our fan^ilics and our altars. With these sentiments, we shall devote ourselves,, in concurrcMice with your excellency, to the promotion of all measunv, necessary^ in aid of the national government,, to protect our lawful conw merce and territorial rights.- The various subjects, relative to the State prison, the pay- ment of the publick debt;, and the organization and discipline of the militia, shall receive an early attention. Their intrinsic importance, and the recommendation of your excellency at the present moment^ entitle them to the deliberate consideration oS the legislature, . i6m B\'. HIS EXCELLENCY CALEB STRONG, esquir^. Qovernour of the Commomoealtk of Massachusetts i A PROCLAMATION For a DAY of PUBLICK FASTING a7ul PRAYER, AS we are now approaching the season, in which, accord-^ ijig to the primitive usage in this State, we hava been accus- toir.ed to set apart a day for the purpose of confessing our dis- ■->bedieiu:e and ingratitude to onr Almighty benefactor ; of in- trearing his pardon and the assistance of his Ho!y Spirit, of im-- plorinii; his blessing upon irs in the course of the ensuing year ; that tie would grant us publiek and personal prosperity, and supply our wants with a competent provision of the necessaries aiid comforts of life ; and that He would preserve us from trou- bles or give us patience under them, and advantage from them : I do, therefore, with the advice and consenttof the coun- cil, appoint Thursday, the ninth day of ^jPJ'zY next^ to,be obser*- v'ed in this State^ as a day of publiek fasting and prayer ; and the religious societies of every denomination are requested to meet together ifi their respective placcs^of worship on that day ;. that with humility and repentance we may confess our numer- ous and ag2:ravated transgressions ; and refer ourselves and all our concerns to the care of that merciful and gracious Being,, who is long-sulferino and abundant in goodness and truth ;-»and : who was the guide and defence of our forefathers, and has of- ten deli\ered us, when we have been in danger ; and beseech Wwyi that, in our solemn worship. He would teach and enable us to piay, and give us an answer of peace to what we are en- couraged to ask ; and that our supplications may be animated with he united ardour of.devotion and patriotism. That He would prosper tlie people of the United States, and perpetuate the benefits derived to them from their consti- tution of government ; and that the president and congress maybe directed to such mea.'^ures as shall most effectually proniftc o.ur nutlpnal security and happiness. That H^ woulcl t€r blbjs tfi'e inliabitants of this State, and clioose us to be a pecu^ ]iar people to himself; that our magistrates may be just men, and support, as far as they are able, the authority of the laws, and the intiuence of good morals and virtuous manners ; and that all, who are friends to the religion of Christ, may be uni- ted in the bonds of charity, and love one another, as be has loved them. Thai He would bless the springing of tbe earth, and cause it to yield its increase, that in due season the pastures may be clothed with flocks, and the vallics covered over with corn, and that we may long. continue to cultivate the land without fear, and enjoy abundant and uninterrupted peiice and tranquillity. 'I'hat He would preserve us from contagious and v/asting sick- ness ; that He would protect our commerce and fisheries, and prosper all the work of our hands ; that the instructors in our colleges and schools' may be eminently qualified for their im- portant olhces, and our youth be diligent and virtuous, and hav<3 proper sentiments- of respect for those to whom their e- ducation is entrusted. That He would disappoint the devices of ambitious and unprincipled men, who have no sense of the calamities of others, and acknowledge no other rule of action but their own interest, and that all nations may be saved from the convulsions of anarchy,, and the cruelties of despotism; that He would remove out of tl>e way every thing that oppo- ses the Redeemer's kingdom and interest, and that all the chil- tlren of men may become holiness to the Lord, and the whole earth be filled with His glory. And the people of this State are requested to abstain froni unnecessary labour on the said day. Given at the council chamber in Boston, this thir- teenth day of February, in the year of our Lord, one thousand eight hundred and seven, and in the thirty-first year of the independeiice of. the Unit- ed States of America. CALEB STRONG. By HH'Excelk^cfs comjiiand, idth the \ adike and consent of Council. j JONATHAN L. AUSTIN, Secret ar. GOD save the Commonwealth of Massachusetts, 02 16^2 • • • • JIESSAGE OF JANUARY 8, 180r. Gentleman of the Senate, a?id Gentlemen of the House of Representatives, A BlLIi, entitled " an act in addition to the general acfe Tt'^ulaiing elections," was laid before me on the lastday of your ■ former session, which had passed both houses on the same day, . maki Jig it the duty of the selectmen, and the town and district clerks in the several towns and districts, and of the assessors of plantations which are entitled by the constitution to the privi- lege of voting for governour and lieut. governour, and for sen-- ators and counsellors, to make and seal up a separate list of ' the persons voted for as governour and lieut. governour, in the- several towns, districts and plantations, and transmit the same according to the provisions of the constitution. And on the same day, a resolve which had passed both houses of the legislature ■tvas laid before me, which referred to the act above mentioned, and in which the right of the inhabitants of plantations to vote for governour and lieut. governour, was recognized. As I had some doubts of the existence of this right, and had then no leisure to exam.ine the question, I omitted to approve both the bill and resolve. After the session was closed, I wrote to the justices of the y.upreme judicial court, requesting their opinion upon this ques- . J ion — Whether the constitution of this coynmomveaifh authorizes^ the inhabitatnnts of any of the unincorporated plantations in tht State to give their votcsfor governour and Uent. governour f I have lately received an answer from four of the justices< of that court which is a part of this communication and serves. to contir'm the doubts above mentioned. From a deliberate considc^ration of this subject I am in-^ duced to, believe that the inhabitants of unincorporated plan-> tationsare not authorized by the constitution to vote for gov- ernour and lieut. governour I am therefore under the necessity, of withholding my approbation of the said bill and resolve — and I now return them to the house of representatives in which '^f^th oii^^lDated for reconsideration. C/VLEB STRONG, m 'Thefollcwing is the upimcnof tkefudges of the Supreme J U" flidal Court referred to in the preceding mes'sage ef his excellency the Goiernouv : May it please your Excellency^ WE have received your letter requesting of the justices of the supreme judicial court, agreeably to the provision of the constitution, their opinion on the following question : " Whether the comtitution of this commomvealtli authorizes *' inhabitants of any of the wncorporated plantations in the State *' to give in their totes for governour and lieut. governour f Having considered that question, we now transmit to your excellency the best opinion we have been able to form. The constitution of the commonwealth is an original com- pact, expressly, solemnly, ^nd mutually made between the people and each citizen. On this compact is founded not only the powers and duties of the several magistrates and offi- cers of government, as the substitutes and agents of the people ; but also the political rights and privileges of each cit- izen; The answer to that question must, therefore, solely de- pend on the construction of the constitution. A§ to the description of the qualiiied voters for represen- tatives and senators, it is necessary to consider those parts of the constitution which respect, as well the election of the two branches of the legislature, as of the first executive magistrate. In the fourth article cf the third section of the first chap- ter, the citizens having a right to vote in the choice of a repre- sentative, are very accurately described. This right is vested in every male person — twenty one years cf age — resident in the town for whose representative he shall vote for one year next preceding — and possessing the estate in that article mentioned. The qualifications of the voters for senators are described in the second article of the second section of the same chapter. In the first paragraph, it is declared, that at a meeting of the inhabitants of each town in the commonwealth, every male in- habitant of the age of twenty one years, having the estate there mentioned, shall have a right to give in his vote for the senator of.the district of which he is an inhabitant. By the second im paragraph vitKc selectn^en of the several 'towns are obliged^ to ' preside at such meetings, and to receive the votes of all the inhab- itants of such town present and qualified. And provision is made for the counting of the votes, by the selectmen, in the 'presence of the town clerk ; for recording the same in open ^ town meeting, by the town clerk, In the presence of the select- ]men — and for the transmission to. the secretary's office ©f the list of votes, by the delivery to the sheriff, by the town clerk, of a copy of a record attested by him, and by the selectmen sealed up and superscribed to the secretary ; or by a delivery of a copy of that record at his office. If the constitution had given no further description of any other personsvvho might vote in thechoice of either representa- tives or senators, the conclusion is manifest, that no citizen unless an inhabitant of some town, could be deemed a legal voter. \s early as the year one thousand seven hundred and six- ty one, an act was passed providing for the levying and col- lecting province and county taxes on plantations not incorpo- rated ; and for this purpose obliging the inhabitants of planta- tions thus taxed, to choose clerks, assessors and collectors. This act was in force when the constitution Mas formed ; and a practice had'exifeted of levying publick taxes on certain unki- ■ corporated plantations. The twenty third article of the declaration of rights had provided, that no tax ought to be levied, under any pretext whatever, without the- consent of the people, or of their repre- sentatives in the legislature. The operation of this article would control^ not only the method theai existing of levying county taxes, by rendering the consent of the legislature neces- sary to the assessment ; but would also exempt from the pow- er of taxation, by the general court,.all unincorporated planta- tions unless some further provision shoukl be made. It was therefore thought necessary, either to provide some representation in the legislature for the unincorporated planta- tions on whom publick taxes had been, or were to be levied ; ©r to abandon the usage of taxing them. To give them rep- re^.«.M)tativesin the house would be inconvenient if practicable. >65 But to admit them to a representative in the senate was a pro- vision easy to make, and the right to tax them weuld remain.. On this ground the third paragraph was introduced extending to two classes of unincorporated plantations. One class com- prehends the plantations, who were assessed to the support of government by the assessors of adjoining towns. The inhabi- tants of these plantations iiaving the necessary qualifications of age and estate, were authorized to meet and vote for senators^ with the inhabitants of the towns, by whose assessors they were assessed. The other class comprehends the plantations who were empowered to assess themselves. The inhabitants of these plantations duly qualified as to age and estate, were authorised to meet and vote for senators within their plantations. And for the purpose of receiving, counting, declaring and returning the votes, their assessors were substituted in the places both of the selectmen and clerks of tow^ns. No provision v;as necessary for plantations on whose in- habitants publick taxes were not levied. We shall now advert to those parts of the constitution,, which have a more express relation to the proposed question ; and they are contained in the first section of the second chap- ter. The 3d article declares, that those persons who shall be qualified to vote for senators and representatives within the sev- eral towns, shall, at a meeting to be called for that purpose^ give in their votes for a governour, to the selectmen, who shall preside at such meetings ; and the town-clerk,in the presence,^ and with the assistance of the selectmen, shall, in open town- meeting, sort and count the votes — form a list of the persons voted /or, with the number of votes for each person, against- his name — make a fliir record of the same in the town books,, and a publick declaration thereof in the sam.c meeting ; — and: shall, in the presence of the inhabitants, seal up copies of the said libt, and transmit the same to the sheriff—or the selectmen may cau^e returns of the same to be made to the office of the secretary. From the language of this article, it very cleary appears to us, that no person, although qualified by hisagc and estate, caa. legally vote for governour,unle£s he be an inhabitant of some tQwn^ , l66 0rt>f some corporation having all the powers, privileges antl im* snuniliesof, and by law deemed to be a town, so far as may re- late to the subject of this article. For his vote must be given at a I'oiLVi fneeting, (which, from the force of the term, must be an assembly of tovpresid6-^nor town clerk to form a li«t of votes — or to record it in opei^i t^wn meet- ing — or seal up a copy of it, in the presence of the inhabitants,, are not included in the description of the persons qualiiied to give in their votes for a govcrnour. If there be any part of the constfution which can excite a- colour of doubt on the- subject, it must be the section describing the qualifications of voting forsenators. In the third paragrapiv of that section, the inhabitants of certain unincorporated plan- tations are admitted to the privilege of a represe-iUation in the senate ; and the reason for that admission has already been mentioned. To extend • the privilege farther is without the letter of the constitution, ai^l is required, neither by the prin- ciples, nor spirit of it, which does not consider a governour as a representative of the people i« their legislature. If the conven- tion had intended to vest this privilege in the inhabitantsof un- incorporated plantations of any description, it was easy to ex- press that intention, and to provide for its execution ; for the- manner of choosing senators had already been defined. And in the election of the first executive magistrate, it is difiicult ta. assign a good reason, why plantations, taxed for the support of government, should be distinguished from all other plantations, "who arc alike interested in that election. If it should be supposed, that this mode of reasoning will exclude the inhabitants of districts from voting for governour,^ because they have not the corporate names of towns, it may be. observed, that the argument is not founded merely on the name oi' the corporation, but on the nature and extent of its powers,-^, jirivileges and immunities, and on the description. of the officsra^- l67 • • • • it is, by law, competent to ele(;t. It was formerly the usage ot the legislature, to incorporate the inhabitants of particular pla- ces, not only by the name of districts, with all the powers, privileges and imniumties of towns, except therightof clioosing d representative, but also by the names of towns, with the same powers, privileges and immunities, and under the same ex- ception. From the terms ot the incorporation therefore, it ap- pears that districts are towns, with the same officers, but without the right of electing a representative, and because the date province statute of 1 Geo. 3, c. 2, on this principle,had enacted that districts should to all intents and purposes, be considered as towns, the privilege and duty of sending.a Representative ex- cepted, it was unnecessary in the constitution, to dissinguish districts from towns, lor the inhabitants of districts, havin and from the obligations of our oaiiis, whereby it becomes a sacred duty to guard with our utmost vigilance and power against its in- fringement ; and of our indispensable obligation to bear testi- mony against any violation thereof; we hereby most solemnly uive our dissent and protest against a eertain resolve "or vote of 170 • • • • the hoy.^e of represenfativcs, which passed by a majority thereof, on the 21st, of January instant, in the loUovving words, to- wit : — *' Whereas it is provided by the constitution of this com- monwealih, that if any bill or resolve which shall have passed the two branches of the legislature, shall not be returned by the governour to that branch in which it originated, within five days after it shall have been presented to him for revisal, th« same shall have the force of a law : *' Resolved, as the sense of this house, that the bill intitled " an act in addition to the stxeral. acts regulating elections, as likewise a resolve for carrijing into effect the provisions of the a- foresaid 6/7/," not having been returned to this house by his ex- cellency the governour within tlie time prescribed ty the con- stitution, is not regularly before the house ; and that no fur- ther order be taken thereon." It is asserted in said vote, or resolve, that the bill and re- solve mentioned therein were ^' not returned to this house uithin the time prescribed by the constitution** when in fact the bill and resolve were returned to this house within that time, for they were both passed by the two hauses, and prescribed to his ex- cellency, on the 24th day of June la-st,and on the same day both ir.ouses, pursuant to the constitution, were adjourned to meet on the first Wednesday of January instant ; and did assemble and meet on that day ; and on the next day his excellency re- turned the bill and resolve to this house, with his objections , thereto, pursuant to the constitution. ; [These objections are given in the preceding pages."] "Which return was made within three of the days prescri- bed by the constitution, being the first three legislative days after the bill and reK)lve were presented to his excellency. This only rationaJ and proper construction of the constitution, ought to be considered at this time as settled and established beyond all controversy, for the following reason ; that the con- stitution having provided, that " Each branch of the legislature, shall have authority to require the opinions of the Justices of the supreme Judicial court, upon iivportant questions of law, and upon solemn occasions ;" the senate af this commonwealth, on the • > • • I-l'th of FeLruary, 179U with a suitable decorum and respect for the constitution, and for the justices of this high and im- portant tribunal (which is established by the people in lik« manner as possessing equal authority, supremacy and power, in their proper departments as essential to the publick peace, security and happiness ; and which must necessarily decide, in the last resort, upon all constitutional questions, auid laws made in pursuance of the constitution) proposed to the juiitices of the supreme judicial court, certain questions relative to a pro- per construction of the constitution ; and received the answer from said justices, as follows : — THE justices of the supreme judicial court in obedience to your honour's orders of the 14th of February last, beg leave to submit the following opinions in answer to your honour':^ quest ionSi Firsff Whether a bill or resolve having passed both bran- ches of the legislature, and being laid before the governour for his approbation, less than live days before the recess of the ge- neral court, next preceding the last Wednesday of May, and five days before the period when the constitution requires* the general court shall be dissolved, but not acted upon by him, has by the constitution the force of law ? If by recess in this question is meant a recess after a pro- rogation or recess after an adjournment, where there is no sub- sequent meeting of the same general court on that adjourn- ment, we are clearly of opinion that said bill or resolve has not the force of law. Secondly/, Whether a bill or resolve having passed both branches of the legislature, and being laid before the gover- nour for his approbation, less than five days before any recess of the general court, other thaiv.such as is stated in the preced- ing question, and not acted upon by him, has.the force of law ? If by the term recess, in the second, is intended a recess upon an adjournment, and such bill or resolve lays more than five days before the governour for his appioUaicn, including the days of the courts^ sitting before the adjournment, and so many days of the courts' sitting upon the adjournment, as will make up the full term of tive days without the governour's re- turning the same, with his reasons for not approving it, we con- ceive sucii bill or resolve has the force of law ; for all the • • • • days of the-coiirts* sitting, are but one session although an ad-- journmciit intervenes. When a prorogation takes place the sessioii is ended, and a bill or resolve after (he session is ended,^ cannot acquire the force of law. All which js humbly sub- ^< it ted. NATHANIEL PEA^LEE SARGEANT, KRANCIS DANA, llOBERTT. PAINE, INCREASE SUMNER, N. CUSlilNG. ffonourahle President of ihe Senate of the commonwealth ofh Massachusetts. Boston, Maj/ g, 1791. Here the question appears to Kavc beert deliberately set- tled by the highest authorityj, that the Jixe days wcw five day&.. ■ifhen the Icgidatitre should be in session. And it may with pro- priety be observed, that this transaction was at a time, wheiV; 3|o political dissention or party animosity existed in. our coun- try ; but the minds of men were solely directed to the inquiry ^fter truth. And the character of those who gave this opinion. QUght to inspire the fullest confidence — ^iheir names are enti- J^led to veneration. And if the question had been previously doubtful, how can candour and honesty sutler it any longer to remain so ? The original of this opinion was in the course of the debate upon the expediency of passing the resolve or vote Bnder consideration, produced and read to this house by a member. The opinion thus given m lYQl, wa^, at that time appro- ved by the senate, as the true and proper construction of the- constitution ; and we conceive from a due respect to thes^ ^igh authorities, ought not a^aia to be in question. l)c^ «ent rc?pcct for the people, from whom all power emanates ; a regard to publick tranquillity, and a desire to prevent strife and animosity, we humbly conceive ought to actuate a wise le- gislature ; and a constitutional question so deliberately settled, ought never to be made the subject of contention. It there- :foj-« . became the constitutional duty of the house, instead of 175 passing the resolve or vote, to have proceeded as the constitu- tion directs to reconsider the said bill and resolve : — And not having so proceeded, but having by implication in their vote or resolve said, that the bill and resolve have the force of law, the same will prove a stumbling block to the people of this com- inonweallh, and serve to mislead,, and occasion much confu- sion and contention, which, especially in the present juncture, is much to be regretted. — The constitutional question of the bill and resolve were thus evaded, which upon every valuable consideration, ought to have been explicitly decided. We profess to have a respectful regard for all constitu- tional acts and laws of the legislature ; but having a superior' and indispensable obligation upon us — the constitution, and the oath of God truly to execute our offices as members of this house conformably thereto : — We do therefore solemnly enter our dissent and protest : — And appealing to the All-Searcher of hearts for the correctness of our motives : we do aver that said bill and resolve have not, neither can have, the force of law : Because that not only the principle attempted, as set forth in his excellency's message, is in itself unwarranted by the constitution ; but is in contravention thereof; and even if the legislature had the authority to enact the same, it has not been dome, as they were not parsed pursuant to the constitution. William Phillips, Edward St, Loe Livermore, Jabez Up- ha^n, Jonathan Osgood, Daniel Graves, John Callender, Peter Bryant, Nathaniel Chandlei-, Otis Little, Laban Wheaton, Isaac Clark, Ammi R. JNlitchell, Eliakim Phelps, Richard Sears, Eleazer Bradshaw, Timothy Page, Moses Wright, Ihad- deus Ciap, Thomas Davis, William Dj-ury, Nathaiiiel Fair- banks, Timothy Packard,. Apolios Tobey, Samuel Moody, Thomas Perley, . Benjamin Adams, jun. John Sewall, James Keyes, William Gregg, James Rogers, Elihu Hayt, Joshua Green, Samuel Porter, Ebenezer Rice, Jonas Kendall, Adam Pa<:kard, Josiah Stone, Charles Davis, Abijah Powers, James Humphreys, William Whitney, Benjamin Parsons, William Stfllivan, Benjamin Whitman, Ethan Ely, John Wilson, Jacob Bliss, Samuel Redington, William Dodds, Oliver Piimton, Aaron Marsh, James Longley, Stephen P. Gardner, David P2 174 Payson, Jonathan Gage^ Andrew Frothingham, John Pearson,;, Nathaniel Hammonjl, Daniel Stickney, Ebenezer Slocker, \ Edward Little, Nathaniel Wade, Benjamin Hasey, Josiah Little, Aiden Spooner, Luther Farrar, Jthamar Ward, Ed- ward Tuckerman, Barnabas, IMaynard, Ephraim Spooner^ Jslatthew Cobb, William Brown, William Jenks, Jonas Whit- iicy, Isaac Gregory, David Smith, Abner Brown, Thomas Banforth, Stephen Codman, Nathaniel Hall, Levi Stearns, John Bannister, Timothy Jackson, Cyms Slowcll, Zenas Wheeler, Jared Bradley, James Woods, David Boies, Bryce MT.ellan,- John Slack, Stephen Howard, William Bowdoin, Redford Web- ster, Thomas W. Sumner, Benjamin During, Enoch Sawyer, Timothy Bigelow, James Lloyd,, jun. John T. Apthorp, Benja- min Russell, Mark Fitz, Jonathan Wilder, John Stone, Enos Pomroy, Ephraim Williams, Joseph Locke, Benjamin Beale, . Seth Spooner, Stephen Pyncheon, Thomas Earned, Joseph Thomas, Is.rael Allen, Isaac Abercrombie, Samuel F. Dicken- son, W'illiam Smith, Benjamin Goddard, Thomas Lothrop, David Wainwright, Silas Kellogg, Thomas K. Jones, Jonathan Hunnewell, F.Wright, Thomas Perkins, John Welles, John Winslt»\Tj Samuel Parkraan,, Daniel Sargent, 75 DISSENT, Offered in the House of Representatives of the Commontjcealth of' Massachusetts, Feb. 27, 1807. A RESOLVE having been passed by this honourable- house on the petition of Josepli Loring, jun. accompanied by t-he reasons whereon the same is founded, and which resolve and reasons were in the following words : — Commonwealth of Massachusetts* THE committee of both houses appointed to consider the the petition of Joseph Loring, jun. having attended that ser- vice, beg leave to report : — That the said Loring states several articles of complaint — 1st. An order of the commander in chief , dated June lOth, 1805, ivherehy he has been degraded in his rank. 2d. That he has been tried for mutiny , a crime not knoun in the militia law, and although honorably acquitted, has-been a long time held in arrest. 3d. — That he and his company have been transferred a- gainst their consent^ and that their rights of election have been violated. 4th, — That he has been a second time arrested and tried, and has been sentenced to be removed, and disqualified frora militar}- office for three years, by a aourt martial not regularly detailed, audi by this means deprived of a fair end impartial trial. These several articles of complaint appear to be well sup- ported, but the order mentioned in the first article having occa- sioned the whole difficulty, has more particularly attracted the attention of the committee. In pursuance of general orders of July 7th, 1803, a volun- teer company of infantry was raised at large in the town of Boston, and the said Loring received a commission as captain by vir- tue of their electkm. ki consequence of his acceptance of this last commission he was placed on duty in a situation below said captain Loring ; but said captain Davis still asserting his ranky th« commandei: in chief, with the advice of council, issued the said order of -the 20th June, in the words and figures follow-^ ing : . ■ Commonxvealth of Massadtusetts. " General Orders.— Heml-(^arterSy June ^Oihy 1805a~ " THE commander in chief being authorized to complete th^e organization of the legionary brigade in Boston, in the first, division of the militia, orders, That the sub-legion of light in- fantry hereafter consist of the aftermentioned light companies, raised at large in Boston, viz : The company commanded by captain John Brazer ; the company commanded by captain Charles Davis ; the company commanded by captain Daniel Messinger ; and the company commanded by captain Joseph Loring, jun. The said captain Davis to receive a new com- mission as captain of light infantry, and to take rank from the date of his former commission as captain in the legionary in-* fantry ;— captain Messinger will also receive a new commis- sion as. captain of lighi infantry, and to take rank from the date of his commission in the legionary infantry ; — and cap- tain Loring will also receive a new ccnnmisson as captain of light infantry,andto take rank from the date of his present com- mission ; and the major general will issue his orders agreeably to law for the election of a major to command said sub legioB of light infantry. *' By order of the commander in chief. " William Donnison, Adj. Gen/' This order involves several important principles. It in- volves the right of transferring officers- from one company to a- aotber a of giving them raiik, not derived from the date of their 177 commissions, nor from flic election of the companies vliom tBey may command — and also the right of a commander in chiefs to take Rway the commissions of officers without their consent^ and in a manner not heretofore known; — These several positions, although they may, in some de- gree, be applicable to an army where the right of election does- not exist, appear to your committee wholly inadmiseible under the existing militia system of the United States, because this- system confirms ihe right of election in the militia of this State, as guaranteed by the constitution thereof, chapter Cist, section 1st, article lOtii. — "The captains and subalterns of the militia shall be elected by the written votes of t^he train band and a- ]arm list ot the respective companies, and such officers, so e- Iccted, shall be commissioned by the governour, who shall de- termine their rank ;" and because our constitution says, " And no officer duly commissioned to command in the militia shall be removed from his office but by the address of both houses to the governour, or by fair trial by court martial, pursuant to the laws of the commonwealth for the time being," It may perhaps appear superfluous for us to remark, that- the constitution of the United States, and all laws made in pursuance thereof, are the supreme law of the land, any thing in the constitution or laws of any State to the contrary not-^ withstanding ; or that the power of organizing, arming and dis- ciplining the militia is vested in congress. The government of tne United States have enacted, tha^ all officers in the militia shall take rank from the date of their respective commissions, except where several commissions are of equal date, in which case they shall be determiiied by lot. If any discretion has ever been denied to the commander in chief to determine rank in a case like the present, it is wholW extinct under the existing militia law. of the United States. — This law is clear and explicit, and every person legally rlt^cied an officer in the militia has a right to his commission bv virtue of such election, and to his rank according to the date of his commission, and not according to the datp of any conimissioij^ lie may once have held. From a fall view of the case your comiriittee are of opin- ion, that the bqfore recited order of. the 20th June, 1805, is-. 178 »•■• • • not warranted b}'' the constitution of the United States, or of this commonwealth, • or any laws made in pursuance thereof ; and that the said Joseph Loring, jun, is entitled to redress as far as may be in the power of the legislature. >Ve therefore oifer the following resolve which is sub- nwtted, *ELIJAH BllIGIlAM, Per. Order. Commonwealih of Massachusetts, WHEREAS it appears that Joseph Loring, jun. a cap- tain in the militia of the town of Boston, has been tried by a. court-martial, and sentenced to be removed from his said of- fice, and to be disqualified from holding any office in the mi- litia for the term of three years ; and whereas it appears, that some of the proceedings relative to said court-martial were ir-- regular, and operated to the injury of the said captain Loring, who on that account has petitioned (his court for redress. — • Therefore, Resolved^ that so much of the sentence of the said court-martial, as relates to the disqualification of the said Jo- seph Loring, jun. to hold any office in the militia for the term of three years, be and the same hereby is wholly reversed and remitted ,. provided, however, tliat this resolve shall not be con- strued to imply the assent of this court to the legality, of the proceedings of said court-martial ; and provided also, that it shall not be so construed, as to impede the said Loring in pur- suing any legal measures for the further redress of the wrongs of which he complains. Li Senate, Feb. ^0, 1807 — Read and passed — sent down for concurrence. JOHN BACON, Pres't. In the House of Representatives — Read and concurred. PEREZ MORTON, Speaker. * Bj/ the eliguette of the senate 'the senior senator is al- ways chairman of joint conmiit tees. — The committee which re- ported the above consisted of the honourable Mr. Brigham and Hill of the senate ; and Messrs. Jacksony Kinsley and Moody of the house. Messrs. Brigham and Jackson were ojyposcd to the ■ report, though the former^ as chairman signtd it.. 179 • • « • WE ask leave to express OUR DISSENT therefrom, and Ho be allowed to enter OUR PROTEST. We entertain the most respectful regard, and submissive obedience, to the lawful and constitutional proceedings of this honourable house ; but feeling an absolute conviction, that in the acceptance of said re))ort, and in the passing of said resolve, the House have exercised power exclusively appertain- ing to the executive department of the government-;— that they have exercised judicial power, which they are expressly for- bidden to do, by the thirtieth article in the declaration of rights ; — that the said report and resolve not only affect the character of individuals, contrary to a rule of this house, and ■contrary to constitutional provisions, but are net founded in a knowledge of the facts to which they relate; — and that thej must tend to unsettle and render disputable the regulations, which have hitherto happily governed the militia of this State; — and also feeling a conviction that republican govern- ments must depend, for their military force, in the soldierly spi- rit of their citizens : — We deem it our solemn duty, as well as to our constituents as to ourselves, to offer our tlissent to said resolve, and to the statement whereon it is founded : — We dis- sent from the declaration contained in ^aid statement and a- dopted by the House, viz. That the before recited order of the 20th June, 1805, is not warranted by the conststution of the United States, or of this commonwealth.,or any laws made in pur- suance thereof : And we do protest against the said declaration for these reasons : That by the 7th article, sec. 1, chap. 2d, of the constitution of this State, The governour is intrusted with all the powers incident to the offices of captain general, and commander in chief, to be exercised agreeably to the rules and regulations of the constitution and the laws of the land ; — and l)y the lOlh article of the same section, officers shall be com- missioned by the governour, who shall determine their rank ; — • That by the constitution of the United States, congress have power to provide for organizing, arming, and diciplining the militia, and for governing such part of them as may be employ- ed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia : — That by the reservation to the States jof the appointment of ofiicers, and tlie necessarily implied re- I8?0 servation of tlic government of the militia> when not in the ser* vice of the United States, the provisions of our state constitu* tion are recognizetl; and the powers and authority vested there- Ly in the governour continue to be v€sted in hira^ and remain unimpaired ; and all the laws made in conformity to the State constitution, are binding and obligatory : — That on the twen*- ty-ninth day of June,1798, a resolve was passed by the legisla- ture of this State, whereby the governour Was authorized to form the militia in the towns of Boston and Chelsea into a legion- a^-y brigade,in such manner as he should judge most expedient-. That on the 14th of March, 1805, his excellency laid be- fore the council lepresentations irom th« adjutant general and major general Elliot, relative to the rank of certain officers of light infiintry companies. The council advised, as their opin- ion, that an ofiicer, transferred from one corps to another, in the same rank, should retain the seniority of rank which he held prior to th« transfer : — That on th« i4.th June, 1805, the committee of council, to whom was referred the communica- tions of major general Elliot and the adjutant general, on the subject of organizing the sublegion o-f light infantry of the le- gionary brigade of the town of Boston, imported, as their opin^ ion, that his excellency should direct the adjutant general to issue the order which was issued on the 1:0th day of said nioHth of June, and which is mentioned and set forth in the said report to this honourable house* By this order it is apparent that no injury was done to either of said officers, and that said order was conformable to the uniform practice since the adop- tion of the present constitution j and by this arrangement they held the same relative rank to each other which they did hold previously to the organization of the said sublegion of light in- fantry. He who was the oldest captain, continued to be the oWest, and he who was the youngest continued to be the youngest : — That the governour, in order to organize the said sublegion of light infantry, issued the said order of the 20th of June, and thereby settled the rank of those who were to have command therein ; — that the said Mcssinger, and said Davis, -neither of whom had ever resigned, or relinquished the cap- tain's commission by them respectively held in the legionary infantry, were ordered \o take rank from the dates of those commissions ; and the said Loring was ordered to tai^e rank 1^£ 'from the (late of his commission in said infantry, and Which Was the first commission which he had ever held. That by the S^th sec. of the militia law, parsed June 22d. i793, all officers are to take rank according to the dates of their commissions, and that when two of the same grade bear -equal date, and former pretensions of some commission do not decide, their rank siiall be determined by lot: — I'liatithas been the constant usage and practice of the swccessive govern- ours of this commonwealth to is^ue commissions to officers in the militia, containing retrospective clauses, and authoriiiing such officers to take rank from periods preceding the dates of their respective commissions, whenever, in the opinion of the governour, for the time being, any officer might be so entitled ; and that this fact of usage is certiiied by the adjutant-genera)-, whose ceriilicate to that point was produced and read by a member in the debate : — That nothing can be opposed to this weight of authority, and uniform practice, excepting the 8tK sec. or the law of congress passed the 8th of iMay, 1792, and before refen-ed to — that all commissioiu?d officers shall take rank according to the date of their commissions. The con- struction of this section as contained in the report, is perfectly new, and cannot be carried into practice. — The said petition must mean that officers shall take rank, not merely by tiie na- ked date of the commission in virtue of which they command, but according to the whole tenor of their -commissions ; and that the word claie^ as applied to commissions, is a technical ■expression,-dMd understood among military men to relate to such tenor ; and if this latter construction be not true, the section is not conformable to the constitution of the United States, nor of this State, and hath no landing force. That rank niixav has been, and ought not to be, determined ex- clusively by the date of commissions, because it would have a powerful and injurious effect on the right of election, and would leav^e the rank of officers dependent on accident. It would follow that an officer, who may have lost his commis- sion, even on the held of battle, and in the service of his -coun- try, must receive a ncAv commission, by the mere date of which, he must gi^^e rank to men, whom he may have com- manded for years, and who may be his inferiours in age, in talents, and in service. Q 182 For tliese reasons we do conceive and declare, that the order of the 20th June, 1805, was lawfully and properly issu- ed, conformably to the usage in this commonwealth, and ought to have been obeyed by the said Joseph Loring, jun. But we do furthcrdi:clare,that whether the said order whs or was not legally and propcily issued, is aquestion which this hon- ourable house have no power to decide, and concerning which it cannot pass any constitutional act or resolve whatsoever, inasmuch as the same is exclusively within the department of- the executive. We do further protest against the acceptance of the said report, and the passing of the said res(dve, because this hon- ourable house have no coTiititntional right or authority to reverse or revise the proceedings of courts martial, 'i'hat such courts are solemn judicial tribunals, having power over interest far dearer than property, and in time of war, having power over life. That such courts cannot be amenable to the legislature, nor in any wise answerabie thereto, nor, can this honourable house institute any inquiry into the regularity of their pro- ceedings : — That if this hous'e had the power of inquiry, no evidence whatever has been here exhibited or stated tending to ihow wherein the irregularity complained of existed, nor why the trial of the said J<;seph Loiing, jun. was not fair and im- partial ; nor have the committee who made the said report, nor this honourable house examined the record of said tiiai : — I That it wotild have the most dangerous tendency to admit that the legislature may reverse the proceedings of courts mar- tial, and of the most alarming tendency if such reversal may be had and made without notice to the military ofiicers by whom the court may have been detailed, or to those by whom it may have been constituted ; and more especially if such re- versal should have no other basis than the representation of tlie man who is seeking to remove the burthen of his sentence. And we dofurtl.cr protest against the acceptance of thesaid report and the passing of the said resolve, because officers consti- tuting and composing courts martial are not r«'sponsibie to the general court for their conduct, but are amenable to the su- preme judicial couit of the State, and are liable to punish- ment for unlawful proceedings, as is apparent horn the 35th section of the militia law, made and passed June, 17P3; ia 183 • • • • 'A»Hich it is expressly set forth, in the solemn oath tlierein re- quired to be administered to the officers co^lpo'^ing a court martial, that the opinion of no individual member of such court, shall be disclosed, cnT/vt in a covrt of justice^ in a due courae of' laio — from which it irresistibly follows, that an in- vestigation of the conduct of officers on a court martial is ex- clusively contiiicd to, and can only be obtained by, the judicial- tribunals of our country : — And because we do believe that the said report and resolve tend to implicate the characters of men, who sustain distinguished military commissions, and in whose reputation thepublick are deeply interested ; that if any misconduct could be imputed to them, they could not appear in the legislature in vindication of their honour unless constitu- tionally criminated : — That every citizen of the commonwealth is entitled to protection as to his fame and character ; and be- cause, by the rule of this house, no act or resolve can be pas- sed affecting character without first giving notice to the party interested. And we do further solemnly protest against the principle set forth in the report of the committee, and accepted by the honourable house, " That mutiny is a crime not known in the mi- litia law." We are convinced, that the adoption of this princi- ple must destroy the foundation on which our military estab- lishihents and institutions are placed. We do sincerely depre- cate the pomulgation of this opinion, Vi-hich, having been ac- cepted by the house, must have the same effect as though a declaratory act had been passed, setting forth, that officers in the militia may, at their pleasure, combine and co/j.«n/rf toge- ther to violate orders and resist the lawful authority of their superiours in command with impunity. By tke thirty-sixth section of the militia law of this commonwealth, it is enacted, that every officer, holding a com- mission in the militia, who shall be accused of any ^uunilitary conduct, neglect of du^y, or disobedience of orders-, shall be lia- ble to be tried by a court martial, and if fouiul guilty, senten- ced by said court to be reprimanded in ordt^i\«, or to be reiao- ved from office. Mutiny is the aggregate of all those military offences,, and if he, who is guilty oi part be punishable, most clearly he who is guilty of the whole, cannot be considered in- nocent and without crime, \Vhen an officer engages in a mu- tiny, his con/ii/cf must necessarily be nnmilUary ; h\% duty 7s* neglected^ and orders are disobeyed. And it has always been-, considered, that as mutiny is a crime, which must be shared £iud joined in by nun, hers in order to constitute the offence ; it is of all other military crimes the most dangerous-, as it strikes ilirectly at the foundation of al) military subordination, and by necessary consequence to the destruction of the State.. We cannot, with a proper regard to our duty as represen* tivesof tiie people, omit to observe the contradiction in which the acceptance of the said report i-nvolvcs the publick records of the country. The report declares that captain Loring has been tried for mutiny^ when if a recurrence to the record of his tri- als is had, it will appear, that he luis not tncd for that ijccific f/fence. For these reasons, and because we conscientiously believe that such proceeding ought not to have been had, that they may not be holden as a precedent, we enter our DISSEN T therefrom, and do soknmly protest against the same. William Sullivan, John Callender, Samuel Thatcher, Tim- <9lhy Jackson, John T. Apthrop, "Ed. St. Loe Liverraore, James Lloyd, jun. Charles iJavis, Benjamin Russell, William Smith,. Daniel Sargent, Thomas Danforth, Jonathan Dwight, jun. Ja- bez Upham., Redford Webster, Thomas W. Sumner, John Wil- son, Eliakim PheJpa, Benjamin Beale, Benjamin Whitman, Thomas K. Jones, George Bradbury, Joseph Titcomb, Benja- ?iiin Parsons, Ebcnezer Bradshaw, David Smith, Gideon Fos-. ter, Samuel Page, Edward Tuckerman, Thomas II. Perkins, Josiah Little, Timothy Bigelow, Samuel Moody, Benjamin Goddard, Benjamin Ilasey, William Phillips, Daniel Graves, Nathan Felton, Jonathan IJunnewell, John Pearson, Jared Bradlee, David Howe, !?amuel Webster, John \Vclles, Stephen Howard, John Slack, Ebenezer Stockcr, Joseph Thomas, David Payson, James Keyes, Josiah Chute, James Longley, Asahcl l?omeroy, Jonah Howe, John VVii:>t;low, Francis Wright, Elihu Iloyt, Joseph Story, John Storer, Thomas (^age, jun. Ezra "Wood, jun. Perez Waterman, '1 horn as Davis, Joel Read, Si- mon Elliotj Sumuel Parkman, Stepheii Codman, Thomas.. PerkJiis, WB The resolve of the joint committee annexed to their re*^ port, as given in the body of the preceding dissent, having pas- sed both branches of the legisUiture, was sent to tlie governour for his approbation : But he returned it (with the report) to the senate, in which it originated, with the following OBJECTIONS :— Gentlemen of the Senate, and Gentlemen of the House of Representatives , A RESOLVE was yesterday laid before me, which had passed both houses, to revei'se a part of the sentence of a court- martial, against Joseph Loring, jun. After examining the re- solve, and the annexed report of the joint committee, in which the grounds for passing it are detailed, I think it my duty tp withhold my approbation of it, for the following reasons : 1st. Because the pieamble of the said resolve, and the re- port of the committee which accompanies it, and of which the resolve is a part, contain censures on divers persons, which, so far as I know, are wholly unfounded. The preamble recites, that Joseph Loring, jun. a captain in the militia of the town of Boston, has been tried by a court- martial, and sentenced to be removed from his ss'id office, and disqualified from holding any office in the milhia for three years. — That some of the proceedings relating to tliesaid court- martial, were irregular, and operated to the injury of the said Loring. — And the report aforesaid of the joint com.mittee, a- mong other things states, that by an order of the commander in chief, with the advice of council, the said Loring has been degraded from his rank ; — that the order has occasioned the whole difficulty, and is not warranted by the constitution or law. It further states, that the sard Loring has been tric-d for mutiny, a crime not known in the militia laws ; — that the rights of election have been invaded, and that he was tried by a court- martial not regularly detailed, and by this means was deprived of-a fair and impartial trial. The two houses having accepted the above report, have made it a part of the record, Q2 - 1S6 In the beginning of March, 1805, I laid before tiie then ifeouncil, representations from the adjutant-general and major- general Elliot, relative to the rank of certain officers of light- anfantry companies ; and on the 14th of the same month, the council unanimously advised as their opinion, " That an officer transferred from one corps to another in the same rank^ should xetain the seniority of rank which he held prior to the trans- fer.'^ This opinion vvas thought to be the true construction of the law, and conformable to the constant military usage, and the advice was accepted accordingly. Afterwards, in iNiayorJ'une, 1805, upon a representation from the adjutant-general, proposing that the organization of jhe legionary brigade should be completed, and suggesting that there was some uneasiness in consequence of the above decision, and in particuUir that a capt. Loring (who was a stranger to me, and probably to each of the counsellors) was dissatisfied ivith the rank which it assigned him. A new council having been chosen, I again requested the advice of council on the a- bove subjects. A committee was appointed. to revise the opin- ion of the former council, and to hear whatever could be al- ledged against it. That committee reported, and in conformi- ty to their report, .the council on the l-ith of June, 1805, unan- imously advised me to-issue the general order of the 20th of June, which is censured and condemned in the report of the said joint cornmittee. The above order was supposed to be justiiied by thQ resolve establishing the legion, and by the au- thority given by the constitution and law, to the governour and coun«dl, to regulate the militia. If it is expected that by approving this resolve I should criminate myself, I have certainly no right to censure the mem- bers of the councils for the- two last years. I believe it was the opinion of the publick in general, that several members of council in each of those years ,^ were as competent to decide the point above mentioned,, as any persons in the State : And to the memory of one of them, the house of representatives hai^ lately paid a grateful tribute of respect and veneration. . Nor have 1 any authority by approving this resolre to join in censuring the officers of the first division of the nV^ia, and the members of the court-martial. I am wholly uli^c- «imaiuted with the particular circumstances of their conduct^ • \ • * • • and the proceedings of those courts. If they or any other ofis-- cers of government have violated their duty, the constitution has provided effectual methods to punish them." But I do not conceive that a resolve of the legislature is one of those meth- ods ; and if it is, still they \\ould be entitled, by the bill of rights, to be hearcfin their defence. 2d. Because the two provisos at the end of the resolve-, seem to be of no use for the purposes expressed. But perhaps the first may be thought to imply a strong sense ol the wrongs Avhich Mr. Lori-ng is supposed to have suffered ; and the last may be construed as a legislative opinion that those wrongs are actiona,ble. . 3d; Because I am apprehensive that if this resolve is pass- ed, it will occasion great disorder and disorganization in the militia of this State. U))on the militia we principally rely for publick security and defence ; we ought therefore to pay some respect to the honour and feeling of those men who sacrifice their private interest to support it. If we unnecessarily wound their reputations, we give just offence to every military man, and lessen the>security which our country derives from a well- regulated militia. Should the State hereafter be divided into political parties, who will undertake a military office if he is liable to legislative chastisement, without having an opportu- nity to be heard ? Besides a contentious man might be tempted to disobey and insult his superiour officei"^, by the hope, that though punished for his offence in due course of law, he would be able afterwards to induce a majority in the legislature to reverse the sentence against himseltV and subject to lasting re- proach those officers, whose duty had compelled them to be the instruments ot his punishment, . 4th. Because when an error is supposed to have taken place in the proceedings and judgment of a court, I think the. legislature have never thought it just to afford even the reme- dy of a new trial upon an ex-parte hearing of the case without notice to the other party. But to reverse the judgment and condemn the proceedings of a court as irregular and injurious, upon such a hearing, is an exercise of legislative power, of which I believe there is no example in this or any other free country. 1S8 5th, Because there is clanger that if this resolve becomes a law, it will be made use of hereafter as a precedent, for con- troling or annulling by legislative resolves the constitutional proceedings of the executive ; and for condemning at the plea- sure of the legislature ihe proceedings of any of the courts which are established by law. The constitution declares, that the legislative department shall never exercise th« executive and judicial powers, or either of them. This is a fundamental principle of the government, and if it is subverted, the consti- tution itself, and the liberty and safety of the people, are at an end. 6th. Because it appears to me, that the censures contain- ed in this resolve and the report annexed to it, have a tendency to diminish that mutual civility and respect in the several branches of government, which the rules of decorum enjoin, and which the publick interest and the reputation of the State render necessary. Indeed 1 can hardly conceive that the le- gislature would have thus censured the executives of the two last years, and the officeis of the first division of the militia and of the courts martial, if the hurry which attends the closing part of a sjession, had not prevented that deliberate and cooi reflection which the delicacy and importance of the subject re- quired. ,- The committee, I am convinced, have made divers mis- lakes, both as to facts and inferences, which 1 have not time to enumerate. I now transmit the said resolve, together with the foregoing objections, to the senate,, where it originated, for the consideration of the legislature-. leb, 26, 1807. CALEB STRONG. r-8^ XEGISLATURE OF MASSACHUSETTS, SENATE, June 5, I8O6. THIS day, the committee of both houses appointed to ex- amine the returns e-f the votes from the several towns, districts,., and plantations in this commonwealth, fur governour and lieu- tenant-goveraour, reported. — -Let it be remembered, that thi« Committee was thus composed : — SENATORS. Hon. ENOCH TITCOiMB, (Federal \) AARON HILL, (Deynoa'citlc \) SAMUEL DANA, CDemocratic, 2J REPRESENTATIVES. Mr. EZEKIEL BACON, (Democratic SJ STEPHEN CODMAN, (Federal 2J JOSEPH STORY, (Democratic 4J and JOSHUA DANFORTH, (Democratic 5) And that contrary to all former rule, this committee consisted, ©f five of one party of the legislature, and only two of the other,. The following is the report oi this committee :— REPORT, That they have carefully examined all the returns of votes from the several towns, districts, and plantations in this com-, monwealth, after revising and correctinga schedule herewith re- ported,entitled, "votes for governour and lieut.governour,27th e- iection, I8O6," they find tfie whole number of votes contained therein for governour to be seventy-five thousand two hundred and seventeen ; and the whole number of vote^ for lieut. gover- nour to be seventy-three thousand five hundred and nineteen. Your comiiiittee report, that a nunaber of said retur^is ap- • • • • pear to have been altered, either in the words or figures whicli? give the number of votes, set against the name of each person — Nevertheless there is no reason to believe that said returns have been fraudently altered ; and they report, as their opinion, that they ought to remain on said schedule. And your committee further repoit, that there is a return from thetov/n of Sturbridge, in the county of Worcester ; and a return from the town of Provincetown, in the county ofBarn- stable ; and a return from the town of Amesbury, in the coun- ty of Essex ; and returns from tiie towns of Pittstown, JNew- Sharon, Rome, Athens, and liaruKmy, in the county of Kcn- iie*beck ; and a return from Ellsworth, in the county of Han- cock ; and a return from Addison, in the county of Washing- ton ; and a return from Brookline in the county of Norfolk ; and a return from Edgartown, in the county of Duke's- Coun- ty ; which do not appear to be signed by ajiy town-clerk. And your committee report, That said lists, so returned, as aforesaid, areinsuffiaent, and ought to be deducted from said schedule. And your committee further report. That in the town of Isleboro^ in the county of Hancock, there were given twelve votes for Caleb Stoon, as Governour : And that in the plantation of Davistown, in the county of Hancock, there were given thirty votes for Caleb Srong, as governour. As by the said lists may more fully appear ; which rotes were upon said schedule, set against the name of his e». cellency Caleb Strong ; which ought to be taken from that column, and placed in two separate columns, so as to be count- ed with the scattering votes. And that in the town ofLynn,in the county of Essex,,there were given three hundred and fifty-seven votes, for James Sul- van, as governour. And that irv,the town of Otisfield, in the county of Cum- berland, there were given twenty seven votes for James Sullan, as governour, as by the said lists may more fully appear. Which votes were set against the name of the Hon. James Sullivan, escj. ; both v/hich numbers ought .to be taken from his column and ])}aced in separate columns, and counted with other scattering votes. That in the return of votes from the town of Belfast; in . • • • • the county of Hancock, it is certitied,t]iat there were Tmir votes given for governour, as "scattering," and four votes for lieut, governour as scattering" which are not entered on said sched- ule, but which ought to be entered in a separate column, under the title of" scattering ;" and that in the return of votes from the town of Plympton, in the county of Plymouth, it is certi- fied that there were three votes given for lieut. governour, as ♦'scattering," which are not entered on said scliedule, biTt which ought to be entered in a separate column, under the title of "scattering/' And your committee further report. That there is amono- said returns a list from the town of Parsonsfield, in the county of York, on the margin of which is written the words following to wit.: — " N. B. By reason of the town clerk being sick, this was not sealed up in meeting ;" but the committee are of opin- ion, that the words aforesaid are not in the hand writing of either of the selectmen or town clerk of Parsonsfield, and is no part of said return, but an interpolation thereon, and that the same list ought to remain on said j^chedule. " And your committee further report, that it does not ap- pear from the return or list sent from the town of Paxton, in the county of Worcester, when the meeting, at which said list was made, was holden, nor is there any date upon said paper, from whence it can be inferredvvhen said meeting was holden, your committee therefore i< port, Tkat the said list ought to be rejected for the uncertainty thereof ; and the}'- further report, that it does not appear from the return or list of the town of Berwick, in the county of York, when the meeting, at which the said list was made, was holden, and that it ought, for that reason, to be rejected from said schedule. And they further report, that there are two papers pur- j^orting to be lists or returns, both of which are made and re° turned by the same selectmen, and same town clerk, from the town of New- Bed ford, in the county of Bristol, and as the said lists contain difl'erent candidates who were voted for as governor, and it cannot, fiom said lists, be certainly known which is the true or which is the false list, the same ought, for the uncer- tainty aforesaid, to be rejected from said schedule. And your committee farther report, That there are a- itiong ?aid lists or returns, two papers, purporting to be returns ^9^ or lists from the town of Troy, in the county of Bristol, maclfe and returned by two different sets of selectmen and towi\ clerks ; and your committee report, that the list or return made and returned by Jonathan Brownell, Abraham Bowen, and Elijah Blossom, Selectmen of Troy, and Benjamin Brightman, town clerk, is the return from the town of Troy, and ought to be ad- ded to said schedule. And your committee report, That when said schedule shall "be rectified and amended as aforesaid, the whole number of votes for governooir will be 73,410, and that 36,706', will be iiecessary to make a choice. That no person has a majority of votes for governour. That his excellency Caleb Strong, esq. who had 35,692 ; the honourable James Sullivan, esq. who had 36,031 ; James Sulvan, esq. who had 357 votes ; and the honourable William Heath, esq. who had 85 votes, are the four persons who had the highest number of votes, are the candidates for the office of .governour. And your corpmittee report, 1 hat when said schedule shall be rectified and amended as aforesaid, the whole number of votes for lieutenant governour, will then be seventy-one thou- sand eight hundred and seven. Necessary to make a choice — thirt3^-five thousand nine hundred and four. , That the honourable William Heath has thirty-six thou- sand eight hundred and eighty, for Jieutenant-governour, and is chosen. Lastly, your committee state, that they have considered the petitions and remonstrances from the several towns of Can- ton and Medfield, in the county of Norfolk ; Topsham, in the county of Lincoln ; Plymouth, in the county of Plymouth ; Alfred, in the county of York ; Barnstable, in the county of Barnstable; and of New-Bedford, in the county of Bristol; which were coinmitted to them, with the several documents >^'hich accompanied the same, and your cominittee report, that it is inexpedient for the legislature to take anyr further order thereon. 1P3 • • •*• IN" SENATE, June 7, n66. THE question, to accept the report of the committee was discussed; and alter an animated debate, in which the members of the minority did themselves immortal honour for the noble and spirited stand they made in defence of the con- stitution, and the elective franchise of the people ; the question to accept the report, was carried, as follows : — • Yeas — Messrs. Aarcyi Hill, Jonathan INIaynard, M'illiam Hildreth, Samuel Dana, Albert Smith, Nathan Willis, Nathan- iel Morton, Josiah Dean, Isaac Coffin, John Ellis, John Howe, James Freeman, Timothy Childs, John Woodman, Joseph Storer, Levi Hubbard, Daniel llsley, John Farley, George Ul- mer and Thomas Fillebrown — 20. Tuesday, June 10, 1S05. THE minority of the senate, on the question to accept the report of the joint committee, on the gubernatorial returns, this day offered to the senate the following protest ; whick they moved should be entered on the journals. PROTEST. WE, the undersigned, members of the senate of the corri'^ monwealth of Massachusetts, do hereby protest against the acceptance of the report of a joint committee, appointed to ex- amine the returns of votes forgovernour and lieutenant-govern- our of the said commonwealth, and against the proceedings of the senate thereon, for the following reasons : — Because it is provided by the constitution of this com- monwealth, that the returns of votes for governour and licutcn- ant-governour, received in open town- meeting, and sealed up in presence of the inhabitants, attested by the selectmen and town-clerks of the several towns, and transmitted to the office of the secretary of the commonwealth seventeen days, at least^ R 1^4 • • • • before the last Wednesday in May, annually, are the only evi- dence of the election of those officers, which the legislature is e'ompetent to receive or examine. Yet it appears from the re- port of the committee, and from the statements of one of its members, that they did receive and examine evidence both "written and oral, other than said returns, and have admitted such evidence in some instances to veiify and in others to in- validate said returns. Because this unconstitutional and unprecedented pro- ceeding of the committee, how adopted by the senate, amounts to a grose and flagrant violation of the rights of the people, and transfers from them to the legislature the election of a governour, although a choice has been made by the people. Because it was manifestly the object of the constitution to provide for a perfect organization of the government at th« earliest possible period after the commencement of the politi- cal year, and to prevent any suspension of the executive power by a vacancy in that department ; — and this wise provision has been hitherto effectually enforced by the uniform adherence of our predecessors to the rules of evidence, established by the constitution, from the time of its adoption. But the bold and dangerous innovation now attempted, tends to procrastinate the declaration of the choice of governour to a late and indefi;i- ite period of the political year, and to effect a vacancy in the office of chief magistrate, whenever the spirit of intrigue or faction shall become predominant in either branch of the le- gislature. If other evidence than the returns specified in the constitution rn ay be examined, no limits can be prescribed to it. If it be competent to a committee to receive testimony relative to the elections of towns in the vicinity of the seat of government, it is not less their right and their duty to scru- tinize the votes and proceedings of towns the most remote. To this power is incident the right of sending for persons, books •and papers. Parties must be heard ; witnesses must be confront- ed ; and scenes of disgraceful strife and contention will ensue while the executive functions are suspended, and the whole system of government is of consequence impeded and finally involved in confusion and ruin. Because it rejects the votes of the town of Isleborough for Caleb Strong, merely for the accidental omission of the let- 195 • • • • ter g ; the nartie being spelt Stron ; and it also rejects the votes of Davistovvn, for Caleb Strong, fur the omission of the letter t ; the name being spelt Srong ; whereas there being no person in this commonwealth known b}'^ the name of Cahh Stron, or Caleb Sro?ig, the presumption is irresistible, that th« aforesaid votes were meant and intended forhisexcellencyCaleb Strong, Esquire. Because the said votes, if disallowed to Caleb Strong, should have been altogether rejected— there not being in ex- istence any persons by the name of Stron y or Sro^ig^ who are eligible to the office of governour: — Yet by the sind report, the said votes are carried to the aggiegatij amount of voters, merely to increase tlie xvhole munher ; that by this lalse fAi-etonce" the election of the said Strong might be defeated. And by th« operation of this strange principle, tho said towns of I>leb()i- ough and Davistown, are not only deprived of their constitav tional right in the choice of a governour ; but tlie election of the said Strong, who is riglitfully chosen by a majority of the votes of the people, is annulled, and the right of election is by a forced, unnatural, and ridiculous construction, taken from the people, and assumed by the legislature. Because, if the omission of a letter in one proper name be admitted to vitiate a return, the same exception ought to be fatal to other proper names ;. but on the face of said return from Davistown, it is stated that the said town is in the coun- ty of Hacock ; (there being no such county in the common- wealth, and it being uncertain in what county Davistown is included, as is manifest from their own petition now pending before the legislature,) yet the same members of the senate who disallow, to Caleb Strong, the votes given in Davistown, for Caleb Srong ; refuse to reject the votes of that town altogether for a simihir omission in the name of the countyjthus e:^tablish- ing the inconsistent and arbitrary principle, that the variance of a letter in the name of an individual is fatal, bl^t that a variance of the same species in the name of a county, upon the face of the same document is wholly immaterial. Because the votes of the town of Lynn, for James Sulvan are disallowed to James Sullivan, Eiq. for the omission of two letters, //, and allowed to James Sulvan, whereas it is not even pretended that any person exists under that name, vrhich is a 196 mere artifice, intended under the appearance ofimpartialit)'-, ^o give colour to the rejection bfthe votes for Caleb Strong, and to the intended assumption of power by the legislature. For it appears from the returns of votes that James Sullivan, Esq. is n©t under any name, pretence or pvssihility, elected by the pf^ople; and consequently the subtraction of the votes from his total amount, and the addition of them to the aggregate amount, is equally as beneficial to said Sullivan and to the views of those who wouUi pronrote his election, as placing them exclusively to his credit — It equally increases the ivkole number of votes and annuls the choice of the people. Because, nineteen hundred and ten votes arc by the said, report/ra! lowed to the said James Sullivan, which contain va- riances from one to three letters, many of which effect a great- er {ew-Bedford are re- jected on the pretence of uncertainty arising from two several returns, certified by the same officers ; whereas one of them ought to !)e admitted and allowed for the following reasons : — First, Both said returns are made and received by the secretary of the commonwealth, within the time prescribed by the constitution ; both are conformable in all particulars to the requisites of that instrument, and they both agree in the number of votes given to Caleb Strong, which was the only material fact, that could affect the choice of governour, by the people. Secondly. It appeared by a letter inclosing one of said returns signed by the town-clerk, and addressed to the secre- tary of the commonwealth, that the same contained a true re- R2 J9B • • • • torn, with the correction of merely a clerical error made by him in a former return. By taking this letter in connection with the return which it contained, the return itself was veri- ■ iied beyond all doubt. By rejecting this paper, the first re- turn appeared also to be genuine. But in order to make the returns destructive of each other, the last return was separa- ted from the letter which contained it, and thus that evidence which Xiould have removed all doubt^ was severed from the re- turn which it accompanied ; — and of which it made a part^ merely to create a doubt. Thirdly, The senate refused to inspect the original record of the town of New-Bedford, which was produced at the board, brought up by the town-clerk, and which would have verified one of said returns, and the same town-clerk would also have venfied, which was the return first transmitted to the secreta- ry's office. Because after rejecting the returns of Nesv- Bedford, which gave a majority of votes to Caleb Strong, though both certified, by the same of/icers, ajid not repugnant to each other in the ma- terial queation ; the senate have selected and allowed, a return from the town of Troy, ichich gave 6'8 votes exclusively, to James Sullivan, as governour, although there are two retvrnn' from said town, rejrugnant to eaeh other in all particulars, cerfi- Jiid by different persons and appearing on the face of them to be equally authentick, and one of them giving 59 votes exchsivel^ to Culeb Strong, and although no evidence whatever was ex- amined by the senate to verify either of said returns. But on. the contrary a motion made in senate, by one of the major- ity of said committee to examine the evidence on one side waS' withdrawn merdy because an amendment was moved, which if adopted would have let in evidence on the other side, and thus' upon mere conjecture, without a shadow or pretence of evi- dence or any criterion whereby to test the authenticity of cither of said returns ; ihe sa-me majority of the honourable senate, that had just rejected the returns of New-Bedford, which covldh'dve been verified by the record ; admitted oua of the returns from 'iVoy and rejected the other, though both were in a state which rendered it impossible to verify either. Because the report admits the votes of persons for gover-^ aour and iieutenant-governour; living in unincorporated pl»a« 199 • * •* tatibns ; which description of persons are not qualified to rote for those officers by the constitution. Because the unprecedented principles adopted by the committee, five of whom out of seven are the political oppo- nents of Caleb Strong ; were not established by them previous fo any scrutiny or examination of the votes ; nor until after ample means and opportunity had been afforded to them for ascertaining the result of the application of those principles — By which course of proceeding, strong temptations and induce- ments must have arisen, to confound principles with inclina- tions, and to establish premises with a fiew to the results. And whatever were the motives of the committee, which we do not undertake to criminate, it unfortunately happens that without a reliance upon all the new and exceptionable principles con- tained in the report, his excellency Caleb Strong, Esq. must have been reported to be chosen by the people, as by the pres- ent report he is deficient only fourteen votes, of a majority, which number would have been restored by the admission of< any one of the objections contained in this protest. Finally, Because we consider the acceptance of the report to be in its operation, a direct and palpable infringement of the constitu- tion ; and an open usurpation of the power of the people, cal- culated to prostrate the executive department^ by reducing the chief magistrate to a humiliating dependence upon the legisla- ture ; and to invest with powers paramount to the constitution, the accidental majorities of political sects, and entirely tO' wrest from the great body of the people the right of electing their own governour ; and for the sincerity and truth of our opinions we solemly appeal to the Great Searcher of hearts, and to the impartial judgment of our fellow-citizens and of pos- terity. John Hastings, Salem Town, Daniel Bigelow, Elijah Brig- ham, Thomas Hale, Ezra Starkweather, Huge JNI'Clellan, John Heard, Elias Hasket Derby, John Phillips, jun. H. G. Otis, John Phillips, George Bliss, C. Gore, Nathaniel Thurs-- ton, John Rowe, William Spooner, Peter C. Brooks, Eaock. Titcomh.— 19> 20© Tlie foregoing report was sent to the house for concur- rence ; and, after debate, was referred, and taken into a new draught, as follows : The committee of both houses appointed to examine the returns of votes from the several towns, districts and planta- tions in this commonwealth, after revising and correcting a schedule herewith reported, intitled " Votes for governour and lieutcfiant-governoitr, 9.7 th ekctioUy 1 806," find that His excellency Caleb Strong, esq. has a majority of all said votes for governour, returned agreeably to the constitution, and that he is, therefore, duly elected governour of this com- monwealth for the year ensuing. They also iind, that the honourable JViUiayn Heath, esq. has a majority of all said votes for lieutenant-governour, re- turned agreeabl}^ to the constitution ; and that he is, therefore, duly elected lieutenant-governour of this commonwealth foiv the year ensuing. TRIBUTE OF GRATITUDE. THE young federalists of Boston — grateful for the pub- lick services of Governour Strong, and feeling a lively respect for his vinues as a magistrate and a man — proposed, on his ex- pected visit, to close his official duties, to escort him into town* They accordingly assembled, in a very respectable number, on horseback, yesterday morning, and proceeding under the di- rection of a committee previously appointed, met his excellen- cy near the entrance of VVatertown ; where, his carriage hav- ing halted, the committee, and marshals were introduced to his excellency by colonel Sumner ; — when Mr. B. F. Bourne, one of the marshals, addressed him to the following purports — Mai/ it please your Excellency^ IN conformity to an unanimous resolution of a numer- ous meeting of *' young federal republicans," of Boston, we 201 • • • • meet your excellency, in this place, with an intention of at- tending you into the metropolis. We, who have been honour- lO* •IV' ^> ^oV^ * ; *> 0^ ♦ aV -^^ cO\c:^. "°o .,** .'j^!'% -^o^ *Ao< .^% •»u.-v il°^ .' ^/\. " ^ '»*. ^o .-t ^^ .^ M ECKMAN NDERY INC. ffl^ N, MANCHESTER, ' * A>"^ - .0 v^" * O V