expence :

You are therefore instructed to use your influence in Congress for that purpose; and also in every instance to remonstrate where monies raised for the use of Congress have been by any State specially applied to the payment of their own citizens, for demands against the United States. No endeavors on your side, it is presumed, will be wanting, that frugality and economy be adopted and invariably adhered to in the several departments of the federal government; and that the public expences be as much as possible lessened, and the most effectual measures taken for satisfying the creditors of the United States: It is not only the wish of the Legislature, that no more money be borrowed by the United States; but it is their instruction, that you do not give your assent thereto, unless on some pressing and urgent occasion, and not then, except the necessity appears in a degree inevitable. It has been the expectation of this Court, that the accounts of this Commonwealth against the United States, would by this time have been passed upon and closed; but to our great disappointment, the settlement has not as yet extended to 1776: the Committee on the part of this State, have ever been ready; this Committee have been continued at a very great expence. The delay on the part of the United States, is become a grievance, and justice to our constituents, obliges us to complain: The mode pursued by the late Commissioner, in the settlement of accounts, and as directed by the late Financier, if strictly adhered to, will not, we apprehend, accomplish the purpose wished for, in a term less than twenty or thirty years; you will therefore move in Congress, that the Commissioner that may be appointed for this State, be directed to attend in Boston, and apply himself to the business of settling the accounts of this State, with the United States, until he has accomplished the same. And that you may more fully comprehend the sense of this Court, upon the mode of settling the accounts, you are referred to the sentiments of the Committee for stating and methodizing the public accounts, now enclosed.

In raising the detachments of the militia, to be employed as guards for the western service, your endeavours to guard against the first tendencies towards the keeping up a standing army in time of peace, have deservedly obtained the approbation of this Court ;-this State will not however in any future detachment for that purpose, decline furnish

ing its quota of militia, it being upon the whole conceived to be eligible.

In Senate, July 2, 1785. Read and accepted, and thereupon Ordered, That His Excellency the Governor be requested, in behalf of the General Court, to sign and transmit the foregoing letter to the Delegates of this Commonwealth in Congress.

Sent down for concurrence.

In the House of Representatives.

Read and concurred.

Chapter 120.

July 2, 1785.

Chap.120 RESOLVE ON THE PETITION OF WILLIAM WILLIAMS, ALLOW

ING HIM FOUR POUNDS TWELVE SHILLINGS.

On the petition of William Williams, Esq; praying for the payment of his account, in performance of services by order of the General Court, in pursuance of an Act passed January, 1773:

Resolved, That there be paid to the said William Williams, Esq; out of the treasury of this Commonwealth, the sum of Four pounds, twelve shillings and an half penny, in full satisfaction of his said demand. July 2, 1785.

Chapter 121.

Chap.121 RESOLVE ON THE PETITION OF JOHN BURGHARDT, THE THIRD,

OF GREAT BARRINGTON, EMPOWERING HIM TO MAKE ANY

PLEA OF DEFENCE, WHICH HE MIGHT ORIGINALLY HAVE
MADE IN THE ACTION MENTIONED.

On the petition of John Burghardt, the third, of Great Barrington, in the county of Berkshire, praying that the default in an action of trespass now depending in the Supreme Judicial Court in the said county, in which Amos Mansfield, John Crocker and John Rhodes, were original plaintiffs, and the said Burghardt defendant, may be taken off, and that the said Burghardt may have day in Court, notwithstanding the said default:

Resolved, That the prayer of the said petition be granted, and that the said John Burghardt, be, and he hereby is, authorized and empowered to make any plea and defence, which he might originally have made in the said action, the said John Burghardt paying to the said Mansfield and

others, as abovementioned, such costs as have hitherto
arisen in the said action, and should judgment finally be
recovered by said Burghardt, no cost shall be taxed for
him previous to this time.
July 2, 1785.

Chapter 122.

RESOLVE GRANTING FORTY POUNDS, TO MR. WILLIAM BAKER Chap.122

MESSENGER TO THE GENERAL COURT, FOR SERVICES TO
THE 25TH OF AUGUST NEXT.

On the petition of William Baker, Messenger to the General Court, praying allowance for three months service, ending the 25th day of August next:

Resolved, That there be allowed and paid out of the public treasury of this Commonwealth, unto the said William Baker, the sum of Forty pounds, in full for his services as Messenger to the General Court, for three months, ending the twenty-fifth day of August next.

Chapter 124.*

July 2, 1785.

RESOLVE ON HIS EXCELLENCY'S MESSAGE OF THE 28TH JUNE Chap.124

IN

LAST, RELATIVE TO SAMUEL STEARNS, A REFUGEE, CONFINED
WORCESTER GOAL, REQUESTING THE GOVERNOR TO
WRITE ΤΟ THE DELEGATES IN CONGRESS, UPON THE
SUBJECT.

Resolved, That His Excellency the Governor be desired. to write a letter to the Delegates representing this Commonwealth in Congress, to be communicated to Congress, and informing them that it is the sense of this Legislature, that if all the facts in the petition of Samuel Stearns were true, they can see no cause to pay any attention to the case, for by his own representation he is now confined in goal on a judgment recovered against him, in favour of this Commonwealth, long before the Treaty of Peace, and for a debt actually due, and so is totally out of the provision of any article of said Treaty; but on examination of the subject, it appears that the said Stearns's representation is entirely groundless, and that the crime with which he was charged, and for which he was recognized to answer, and from meeting which he withdrew himself, was the infamous crime of fraud, in knowingly passing counterfeit July 2, 1785.

money.

* No chapter numbered 123 in Session Pamphlet.

Chapter 125.

Chap.125 RESOLVE ON THE REPRESENTATION OF JONAS TEMPLE, OF

SHREWSBURY.

On the petition of Jonas Temple, agent on the estate of William Crawford, of Shrewsbury, in the county of Worcester, an absentee:

Resolved, That the Judge of Probate for the county of Worcester, be, and he hereby is, directed to credit the said Jonas Temple, agent as aforesaid, in his account of agency on the estate of the said William Crawford, with the sum of Eight pounds; that sum being the balance for which the said agent remains accountable to the said Judge, and from which it appears that he ought to be discharged, for reasons set forth in his said petition, and the papers accompanying the same. July 2, 1785.

Chapter 126.

Chap.126 RESOLVE ON THE PETITION OF JOHN NICHOLS, IN BEHALF OF

Chap.127

THE TOWN OF WASHINGTON, DIRECTING NO PROCESS TO

ISSUE AGAINST THE SAID TOWN FOR RATES AND TAXES
MENTIONED.

On the petition of John Nichols, in behalf of the town
of Washington, touching an execution against Haven
Shearman, and certain taxes collected by him the said
Haven, for which the said town must be finally answerable:
Resolved, That no process issue against the said town
of Washington, for the rates or taxes mentioned in the
said petition, for the term of nine months from the passing
of this Resolve.
July 4, 1785.

Chapter 127.

RESOLVE DISCHARGING THE COMMITTEE FOR METHODIZING
PUBLIC ACCOUNTS, AND APPOINTING TWO PERSONS.

Whereas it appears that the business of the committee for stating and methodizing the public accounts, and for settling this State's quota of the Continental army, is so far lessened, as that the same may now be well performed by fewer persons:

Resolved, That said committee, be, and the same is, hereby discharged, and that two persons be chosen in

their stead by the Legislature, to execute the same powers, and perform the same business, which the said committee are now authorized to perform, and that the persons so chosen, be authorized to employ one Clerk only. July 4, 1785.

Chapter 128.

RESOLVE ENTITLING THE HEIRS OF CHARLES MORRIS, TO Chap.128

TWENTY SHILLINGS PER MONTH, FROM JANUARY 1, 1777,
TO JANUARY 1, 1785.

On the representation of John Lucas, Esq; Commissary of Pensioners, in behalf of Charles Morris, who was wounded in the retreat from Quebec, in the year one thousand seven hundred and seventy-six:

Resolved, That the heirs of Charles Morris aforesaid, be entitled to twenty shillings per month, from the first day of January, seventeen hundred and seventy-seven, until the eighth day of March, seventeen hundred and eighty-five, being the time of his decease.

July 4, 1785.

Chapter 129.

RESOLVE ON THE PETITION OF ROBERT WALKER, DIRECTING
THE JUDGE OF PROBATE FOR THE COUNTY OF BERKSHIRE
TO RE-COMMIT THE COMMISSION TO THE COMMISSIONERS
TO CONSIDER THE CLAIM MENTIONED.

On the petition of Robert Walker, setting forth, that the Commissioners on the estate of Daniel Brewer of Pittsfield, an absentee, deceased, represented insolvent, have made return of claims to the Judge of Probate for the county of Berkshire, that he being absent at their time of sitting, had no opportunity to exhibit his claim, that as yet there hath no distribution of said deceased's estate been made, and praying that the consideration of the premises may be committed to said Commissioners:

Resolved, That the Judge of Probate for the county of Berkshire, be, and he hereby is, authorized and empowered to re-commit the commission to the Commissioners, to consider and report upon said claim; the former commission being closed notwithstanding.

July 4, 1785.

Chap.129