Resolved, That said Selectmen of Plympton be, and they are, hereby empowered and directed to rectify any mistake by them made in the pay roll by them returned for the six months men who went into the army in the year 1780, from the said town, by making a new and just return of said men: and the Treasurer of this Commonwealth is hereby directed to receive of said Selectmen the pay he has made them for the said Isaiah Cushman. October 24, 1785. Chapter 6. Chap. 6 RESOLVE ON THE PETITION OF ELIAKIM CUTLER, DIRECTING HIM TO SERVE STEPHEN WELLMAN WITH A COPY OF HIS On the petition of Eliakim Cutler, shewing, that he has been defaulted in two actions brought against him by Stephen Wellman, contrary to instruction, whereby he hath been a great sufferer, and praying relief: Resolved, That the petitioner serve the said Wellman personally, with a copy of his petition, and this resolve, fourteen days before the fifth Wednesday of the present sitting of the General Court, or by leaving such a copy at his last and usual place of abode, that he may appear on the same Wednesday, and shew cause, if any he hath, why the prayer of the said petition should not be granted: and that the petitioner also serve William Hunt, Esq; with a like copy, in manner as aforesaid, and that execution on the suit last mentioned in said petition, be stayed in the mean time. October 24, 1785. Chapter 7. Chap. 7 MESSAGE FROM HIS EXCELLENCY THE GOVERNOUR, BY THE SECRETARY. Gentlemen of the Senate, and Gentlemen of the House of Representatives, By letters I have had from the Secretary of Congress, and by Acts of Congress which accompanied them, it appears, that the representation of the United States in Congress, has been for a long time extremely deficient. But the state of it shews, that the deficiency is not attributable to any want of attention, either on the part of this Government, or of its Delegates: altho' for a few days, according to that state, we were not duly represented. As one of our Delegates, the Honorable Mr. Holten, has by his letter of the 7th instant, signified his intention. to set out on his return hither, as soon as he conveniently can, after the first Monday in November; and another of them may return soon: it may be needful for you, Gentlemen, to satisfy yourselves, that this Commonwealth will not in that case remain unrepresented. The letters and papers will be delivered to you by the COUNCIL CHAMBER, October 25, 1785. Chapter 8. RESOLVE GRANTING A TAX OF THREE HUNDRED POUNDS, TO Chap. 8. BE ASSESSED ON THE INHABITANTS OF THE COUNTY OF Whereas it appears from the Treasurer's accounts for the county of Plymouth, that the monies granted and allowed by the Court of the General Sessions of the Peace for said county, from the first Tuesday of October, 1784, to the first Tuesday of October, 1785, were for such purposes and appropriations as the law empowered the said Court to provide for; and that the said accounts are right cast and well vouched: Therefore Resolved, That the said accounts be allowed. And whereas it appears, from an estimate from the Justices of the Court of the General Sessions of the Peace for the county aforesaid, that the sum of Three hundred pounds will be necessary for defraying the charges for one year next ensuing: Therefore, Resolved, That there be, and hereby is granted a tax of Three hundred pounds, to be apportioned and assessed on the inhabitants of the said county, and the estates lying within the same, and collected, paid and applied for the use of the said county, according to the laws of this Commonwealth. October 25, 1785. Chapter 9. RESOLVE CLEARING UP SOME DOUBTS IN A RESOLVE OF THE Whereas some persons, pursuant to a resolve of the 7th of March, 1782, did procure a man or men, and had them Chap. 9 mustered as soldiers for their respective Classes, and some individuals of their said Classes, neglect to pay their due proportion towards the hire and charges of procuring the men as aforesaid; and doubts have arisen respecting assessing and obliging such delinquents to pay their respective quotas: Therefore Resolved, That any person or persons who have procured a man or men as aforesaid, shall have the like remedy against delinquents of their respective Classes as aforesaid, to all intents and purposes, as is provided in the aforesaid Resolve of the seventh of March, 1782. October 25, 1785. Chapter 10. Chap. 10 RESOLVE ON THE REPRESENTATION OF JAMES BANCROFT, Chap. 11 ESQ; APPOINTING HIM A COMMITTEE TO PROCEED TO THE On the representation of James Bancroft, Esq; with respect to the Two thousand men, ordered to be raised by the Resolve of the General Court of June the eighth, 1779. Resolved, That James Bancroft, Esq; be a committee to proceed to the War Office, and procure such extracts from the pay rolls, for the nine months men raised in the year 1779, as are unpaid; and said committee is hereby authorized to obtain said pay rolls or extracts, on the best terms he can, and lay them before this Court, that justice may be done said men, as soon as may be. And it is further Resolved, That there be allowed and paid out of the treasury of this Commonwealth, to James Bancroft, Esq; the sum of Twenty pounds, to enable him to proceed on that business, he to be accountable for the October 25, 1785. same. Chapter 11. RESOLVE ON THE PETITION OF DANIEL CLAP, AGENT ON THE On the petition of Daniel Clap, Agent on the estates of John Murray, Esq; and Daniel Murray, late of Rutland, in the county of Worcester, absentees: Resolved, That the prayer of the said petition be so far granted, that the Judge of Probate for the county of Worcester be, and he hereby is, authorized and empowered, if he shall judge proper, to cancel the bond and note made by the said Daniel Murray, mentioned in the said petition, and to make a reasonable allowance to the said Daniel Clap, out of the money he shall receive of the same Daniel, for his trouble and expence as Agent on the said estates; provided the said Agent shall complete a settlement of the said estates agreeable to the rules prescribed by law. October 25, 1785. Chapter 12. RESOLVE ON THE PETITIONS OF JOHN ROWE, SAMUEL DASH- Chap. 12 WOOD, AND OTHERS, REQUESTING THE GOVERNOUR TO SIGN AND FORWARD THE LETTER MENTIONED, TO THE DELE GATES FROM THIS COMMONWEALTH AT CONGRESS. COMMONWEALTH OF Massachusetts. To the Delegates of this State in Congress. GENTLEMEN, The memorials presented to the Legislature of this Commonwealth, copies of which you have enclosed, with the papers that tend to support the facts stated in them, will suggest to your consideration a subject interesting to many individuals of this State. As this subject must be considered and adjusted on national principles, and may properly come under the consideration of Congress, you will give it that attention it deserves, and conduct it in such manner as shall appear to you most for the interest of the public, and the individuals concerned. It appears, that not only the property of the persons described in the enclosed papers, but that the property of several other individuals, citizens of this State, was, during the late war, taken from them, under similar circumstances; taken by virtue of the orders of the British Commanders in chief in America, not as the property of enemies, forfeited to the captors by the laws of war; but as the property of persons under their protection, which was taken under the idea that the former ownership continued, and a great part of which, was expressly eng ged to be restored by those Commanders: whence a just debt of a private nature, a just right and claim, accrued to each of those individuals to demand and have an equivalent. And though the operations of law, and the means of recovering those debts, were suspended during the war, as a consequence of it; yet the British Government ought not, by a Legislative act, to have created, or now to continue legal impediments to the recovery of them; at least, it is according to the modern laws and usages of nations, right and just, that the Legislature of that Kingdom should now remove those impediments, by repealing the latter clause in the act of parliament, a copy of which is enclosed, or make other provision for doing justice in this case. Considering the peculiar circumstances of this subject, the spirit and real intention of that clause, the times and general purposes that produced it, the Legislature of this Commonwealth is induced to believe, that, if Congress should instruct their Minister at the Court of London, to move this subject, properly digested, to that Court, the Government of that nation will so far reconsider their former doings on it, as to remove those impediments, or make some other provision, whereby right and justice shall be done to the parties and individuals more immediately concerned. Resolved, That his Excellency the Governor, be, and he is, hereby requested, in behalf of the Legislature, to sign the foregoing letter, and transmit it, with the papers accompanying it, to the Delegates of this Commonwealth in Congress. October 25, 1785. Chapter 13. Chap. 13 RESOLVE ON THE PETITION OF OLIVER WITT, DIRECTING THE TREASURER TO RECEIVE CERTAIN SECURITIES PAYABLE IN THE LAST TAX, IN DISCHARGE OF A BOND FOR THE AP- On the petition of Oliver Witt, setting forth, that he has given a bond, with two sureties, for the payment of the sum of Two hundred and ninety-four pounds eight shillings, into the treasury of this Commonwealth, in consequence of a judgment obtained against him, as a surety for the appearance of Samuel Stearns, who absconded, and praying that he may have liberty to pay the same in public securities: Resolved, That the Treasurer of this Commonwealth be, and he hereby is, directed to receive of Oliver Witt, |