and this order thereon, at the last and usual place of the Chapter 83. RESOLVE ON THE PETITION OF BENJAMIN SMITH, ADMINIS- Chap. 83 TRATOR ON THE ESTATE OF ISRAEL CAGNEHEW, DECEASED, &c. Whereas Benjamin Smith, of Edgartown, in Dukes County, administrator on the estate of Israel Cagnehew, Indian man, late of said Edgartown, deceased, has represented, and it appears to this Court that the said Cagnehew died seized of a considerable real estate, consisting of land, and a dwelling house in said Edgartown; and that in his last sickness he contracted several debts to a considerable amount, and the said Cagnehew did not leave, at his death, personal estate sufficient to discharge said debts: Therefore Resolved, That the said Benjamin Smith, be, and he hereby is, authorized and empowered to make sale of said house, at public auction or private sale, giving previous notice thereof at least twenty days, by posting up written notifications thereof in some public places in said town; and the purchaser or purchasers of said house shall remove the same off said land within thirty days after the sale thereof. And be it further Resolved, That Walter Spooner, Solomon Freeman and Shearjashub Bourn, Esq'rs. who are appointed a Committee by this Court to divide the lands between the proprietors of the island called Chappaquidick, be, and they hereby are, empowered to inquire into and adjust the several demands on the estate of the said Cagnehew, and to allow such accounts as to them shall appear just and reasonable, and certify the same under their hands to the Judge of Probate for Dukes County, who shall thereupon order the same to be paid out of the net proceeds of the sale of said Cagnehew's house and personal estate; which proceeds the said Smith is hereby ordered to present to the said Judge, to be recorded in the Register's office for recording of wills, &c. November 24, 1785. Chapter 84. Chap. 84 RESOLVE ON THE PETITION OF JONATHAN HALE, JUN. AND DAVID BURT. On the petition of Jonathan Hale, jun. and David Burt, praying that the several sums of money by them received on sales of powder, the property of this Commonwealth, in the year 1777, may be reckoned according to the value thereof by the scale of depreciation in January, 1778: Resolved, For reasons set forth in said petition, that the said Hale and Burt account with the Committee for liquidating accounts, for the several sums of money they received for the sales of powder, in the year 1777, by order of the General Court, and for which they are accountable, amounting in the whole to Five hundred and eighty-three pounds, six shillings and three pence, according to the true value thereof, computed by the scale of depreciation in January, 1778: and the said Committee are hereby directed to govern themselves accordingly. November 24, 1785. Chapter 85. Chap. 85 RESOLVE ON THE PETITION OF THE SELECTMEN OF BOSTON, IMPOWERING BENJAMIN HENDERSON TO COLLECT TAXES MENTIONED. Upon the petition of the Selectmen of the town of Boston: Whereas the Assessors of the town of Boston, committed to Abraham Savage, a Collector for the town of Boston, in the years one thousand seven hundred and seventy-two, and one thousand seven hundred and seventy-three, certain assessments of taxes, as well the then Province taxes as county and town taxes; the collections of which taxes being never compleated, the said Savage went away and joined himself to the British army, and continued his allegiance to the King of Great Britain, and has, since the peace, delivered the same lists of assessment to Benjamin Henderson, of said Boston, yeoman, with his power of an attorney for the collection of the same: Therefore Resolved, That the said Benjamin Henderson, be, and he hereby is, empowered to demand of all persons, from whom any sum or sums of money may be due upon the same assessments, whatever may be so due from them respectively; and upon their neglect or refusal to pay the same, to bring in his own name any action or actions of debt necessary for the recovery of the same, and to prosecute the same, by himself or his lawful attorney, to final judgment and execution; he, the said Henderson, being accountable to the inhabitants of the town of Boston, for any sum or sums he may recover upon the same assessNovember 24, 1785. ments. Chapter 86. RESOLVE ON THE PETITION OF DUDLEY INDIANS, REQUIRING Chap. 86 THEIR GUARDIANS TO MAKE A TRUE REPRESENTATION OF On the petition of a tribe of Indians, commonly called the Dudley Indians, praying the removal of one of their Guar dians, and another to be appointed in his stead, for reasons set forth in their petition: Resolved, That the petition be so far granted, that the Guardians aforesaid, be, and hereby are, required to state a true representation of their proceedings in said trust to the General Court, on the second Wednesday of their next sitting, that the Court may take further order thereon, as then may appear expedient. November 24, 1785. Chapter 87. MESSAGE FROM HIS EXCELLENCY THE GOVERNOR, BY THE SECRETARY. Gentlemen of the Senate, and Gentlemen of the House of Representatives, Upon receiving information from our Excise Officer, at Machias, that the inhabitants of Moose Island, in Passamaquoddy Bay, in this Commonwealth, had been notified by the Sheriff of the county of Charlotte, in the British Province of New Brunswick, to send Jurors to that County Court, on penalty of forfeiting their estates, in case of refusal, I wrote a letter on the subject to Mr. Carleton, Governor of that Province, dated the 9th of September. As I was not informed that Governor Carleton had interposed his authority, I mentioned to him, that I was inclined to believe my informant was mistaken in his opinion, that the government of New Brunswick had given its sanction. to a measure altogether unexpected and insupportable; Chap. 87 Chap. 88 and that I assured myself he would issue orders effectually to prevent the abovementioned, and every other encroachment, on the territorial rights and sovereignty of this Commonwealth, and of the United States. To that letter I have received an answer, dated at St. John's, the 18th of October, which not only justifies the proceedings of the Sheriff, but contains an implied declaration, that the said Island, with several other Islands, is, by virtue of the treaty of peace, within that Province. As it seems clear, they mean to obtain possession of those Islands by compelling the inhabitants to acknowledge the right of jurisdiction to be in the government of New Brunswick, I think it highly expedient you should be informed of their proceedings as soon as may be, that such measures may be adopted concerning them, as you shall judge suitable. Of those proceedings, Congress have been informed by my letter to our Delegates: and have sent an account of them to the Minister of the United States, at London. My letter to Governor Carleton, and his answer to it, will be delivered to you, Gentlemen, by the Secretary. JAMES BOWDOIN. COUNCIL CHAMBER, November 24, 1785. Chapter 88. RESOLVE ON THE PETITION OF JAMES ATHEARN AND SHU- On the petition of James Athearn and Shubael Cottle, in behalf of the town of Tisbury, praying that the said town of Tisbury may be abated a tax, made in the year 1777, for reasons set forth in said petition: Resolved, That the sum of One hundred twenty-six pounds, eighteen shillings and five pence, be abated the said town of Tisbury; and that the Treasurer, be, and he is, hereby directed to credit the said town of Tisbury for the said sum of One hundred twenty-six pounds, eighteen shil lings and five pence, and that the said town of Tisbury have liberty to pay the sum of Ninety-three pounds, the remainder of said tax, in consolidated securities of this Commonwealth; and the Treasurer is hereby directed, to receive the same in discharge of the said tax. November 24, 1785. Chapter 89. RESOLVE DISCHARGING JOHN LUCAS, ESQ; OF SEVERAL SUMS Chap. 89 OF MONEY, PREVIOUS TO THE FOURTH OF JANUARY LAST, On the report of the Committee for stating and methodizing public accounts; stating that they had examined the accounts of John Lucas, Esq; Commissary of Pensioners, and that the same were properly vouched; and that there was a balance of Six hundred and sixty-four pounds, four shillings and six pence, due to him the first day of January, 1785: Resolved, That the said John Lucas, Esq; be, and he is, hereby discharged of all sums of money for which he was made accountable, previous to the first of January last; and that there be allowed and paid out of the public treasury of this Commonwealth, to the said John Lucas, the sum of Six hundred sixty-four pounds, four shillings and six pence, which is in full of all his expenditures, including his services and office hire, up to the said first day of January, one thousand seven hundred and eighty-five; and that the same be charged to the United States. November 24, 1785. Chapter 90. RESOLVE ON THE PETITION OF JESSE WARE, DIRECTING HIM Chap. 90 TO NOTIFY JAMES NICHOLS TO APPEAR AT THE TIME AND On the petition of Jesse Ware, of New Braintree, in the county of Worcester, praying for a re-hearing of an action, in the Supreme Judicial Court, brought against him by James Nichols : Resolved, That the said Jesse Ware, cause the said James Nichols to be cited to appear on the second Wednesday of the next sitting of the General Court, to shew cause (if any he hath) why the prayer of said petition should not be granted, by lodging with the said James Nichols, or at his dwelling house in Brookfield, in the county aforesaid, an attested copy of the abovementioned petition, and this order thereon, at least thirty days previous to the second Wednesday aforesaid; and |