the earnest, and I may be permitted to add, generous manifestation of sympathy and interest by this government in the assertion and vindication of the jurisdictional sovereignty of the sister State to the territory in dispute, warrant a confiding expectation, that the desired communication will frankly and cheerfully be made.

I pray you also to be assured, that in view to the immediate adjournment of the legislature, after an unusually protracted session, a compliance by the return of the special messenger, who is charged with the delivery of the despatch, and to wait your excellency's reply, will be very gratefully appreciated.

I have the honor to be, with sentiments of the highest respect, your obedient servant,

LEVI LINCOLN.

His Excellency Gov. Smith, of Maine.

Executive department of Maine. Augusta, March 15th, 1832. SIR: I have the honor to acknowledge the receipt of your excellency's letter of the 13th of this month, requesting to be furnished with copies of all the correspondence between the government of the United States and this State, and copies of any communications from the agent of this State at Washington, in relation to the territory north and east of the rivers St Johns and St Francis, which were the occasion of the recent proceedings of the Legislature of this State, confidentially communicated to your excellency.

The only correspondence which has been had with this department, in relation to these proceedings, is contained in letters from Mr Preble, the agent of this State at Washington, expressing his opinion in regard to the expediency of the proposed arrangement, and that of the Representatives of this State in Congress, accompanied also with letters from them directed to himself. In these letters they also state the grounds of their opinion, which they have formed from circumstances unofficially within their knowledge. These communications are considered as private and confidential, rather than as official documents; and I do not consider myself at present authorized to make them public without the permission of the persons from whom they were received.

I make these suggestions from an anxious desire to comply with the request communicated to me by your excellency, so far as can be done consistently

ment.

Resolved, That the reduction of the duties on imports, especially on those articles which are consumed by the laboring class of the community, would relieve the people of the United States from the burdens imposed upon them by the present unequal, unjust, and oppressive tariff system, and would tend to restore harmony to the Union.

*Resolved, That a copy of these resolutions be transmitted to each member of the delegation of this State in Congress, and that the senators from this State be instructed and the Representatives be requested to procure a modification of the existing tariff, so as to conform to the views expressed in the foregoing resolutions.

ELECTION for Governor in 1831.
Smith, (administration)
Goodenow, (opposition)

Smith, Goodenow,

1832.

28,438

22,005

31,148

27,356

LEGISLATION. - Forty seven public Acts were passed by the Legislature at its session held in January 1832, among which, are the following:

An Act for the encouragement of agriculture and manufactures, by which, provision is made for the payment of $300 annually from the treasury to each agricultural or horticultural society in the State, provided an equal sum be rais»

ed by the society, and that no more than $300 be given to each county. The money is to be offered as premiums to those improving the breed of cattle or introducing new plants, trees, or agricultural implements, &c. The persons receiving premiums are to furnish the society with an account of the mode pursued in cultivating their land, and of the improvement, &c, which is to be transmitted to the legislature for publication.

An act to encourage the destruction of bears, wolves, wild cats, and loupcerviers. Five acts for the preservation of certain bridges, by inflicting a fine of $3 for passing them faster than upon a walk.

Two laws for the inspection of beef, pork, and pickled and smoked fish.

An act authorizing the transfer of any ministerial fund, existing before the organization of the State, from the trustees to the municipal officers of the town, who are constituted trustees and are authorized to apply the same to the support of common schools. This however is not to exempt the town from raising the ordinary annual sum for the support of common schools.

An act concerning the militia, requiring the town clerks to supply them with powder at the expense of the State; prescribing the mode in which the clerks shall prosecute for fines, regulating courts martial, and exempting all persons above 35 from duty.

An act authorizing Sheriffs, &c, who may have arrested a prisoner, to convey him to prison by the most convenient route, even if it pass through another county.

An act prescribing a mode to appoint guardians of the estates of spendthrifts.

An act for the government of the State's prison, and providing for a Sunday School within its limits.

An act providing for the vaccination of the inhabitants of the State. A constant supply of virus is to be kept at Portland, and to be distributed gratuitously throughout the State.

The municipal officers of each town, and the assessors of plantations, are required to cause some proper person with. in eight months after the passage of the act, to visit every family in their respective towns or plantations, and to vacci

ELECTION.-The Legislature of this State met at Concord on the first Wednesday in June. The Senate chose Benning M. Bean, President. In the House of Representatives, Franklin Pierce was elected Speaker, having 205 votes of 208. The whole number of votes legally returned for Governor was 39,233; of which Governor Dinsmoor had 24,167, and was re-elected. Ichabod Bartlett had 14,920, and there were 146 scattered.

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LEGISLATION. The legislature at the preceding session, June, 1831, passed twentyeight public acts and eleven resolutions. Among them was,

An act giving Equity powers to the superior Court in all cases, where any personal property shall be withheld from the owner, so that they cannot be replevied, and the court is authorized to order the same to be given up, or to compel such disclosures and make such orders, &c, as equity shall in such cases seem to require. The court is also authorized to determine, in equity all disputes between co-partners, joint tenants, and tenants in cominon and their legal representatives,' in such cases where there is no adequate remedy at law, and is vested with powers necessary for this

purpose.

An act extending the limits of the jail yard to the limits of the respective counties in which such jails are situated. Persons hereafter committed to prison on execution founded on contract, are permitted to have the liberty of the jail yard no longer than one year; if within that time they shall not take the benefit of the poor debtor's oath, pay the debt, or be otherwise legally discharged, they shall be liable to go into close confinement. Any person arrested upon execution shall, on giving bond as if he were actually committed, be discharged from the arrest, and shall have the liberty of the jail yard and other privileges, as if he had actually been committed and given bond as now provided by law. No female shall be arrested either on mesne process or on execution founded upon

contract.

An act authorizing the Court of Common Pleas, where a new highway is to be laid out, provided the highway is of general public utility, and that the expense of constructing it is burdensome to any town, to order such portion of the expenses incident to such town as may seem reasonable, not exceeding one half

of the whole expense, to be paid by the county.

An act providing that when the tenant or occupant of any house, &c, shall hold, even after notice in writing to quit, the landlord may summon him before a justice of the peace, and if the tenant shall neglect to appear, or if it shall be consid ered by the justice that the landlord hath sustained his complaint, then judgment shall be rendered, that the complainant have possession of the premises and for his costs, and thereupon the complainant shall be entitled to a writ of possession. A right of appeal to the Court of Common Pleas is reserved, but the appeal must be claimed within two hours from time of rendering the judgment. If the title to the premises is brought into question by the pleadings, the action is to be entered in the court of Common Pleas. All leases at will, and tenancies at sufferance' may be terminated by either party, after giving to the other party three months' notice; and where the rent shall be payable more frequently than quarterly, the notice shall be sufficient, if it be equal, to the time between the payments thereof;' but in all cases of neglect to pay the rent due, seven days notice to the tenant shall be suffi

cient.

islature giving consent to an appropriaA resolution was passed by this Leg. tion of three thousand dollars, made by the legislature of Maine, for the purpose of repairing the road in this State leading from Maine through the notch of the White Hills to Vermont.

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An act authorizing any married woman whose husband is under guardianship, and is seized in her right of any real estates in this State in common with any other persons or corporatives, to join with the guardian of her husband, in making partition with the other tenants in common.'

A resolution was passed by which the Senators of the State in Congress, were instructed, and the Representatives requested, to use their exertions to procure the passage of a law for the more perfect organization of the militia. The Governor was requested to transmit copies of this resolution to the Governors of the other States, to be submitted to the legislatures thereof for their consideration.

The preamble of a resolution which was passed, states, that the legislature of Vermont has authorized the executive

of that State to adopt such measures in conjunction with the executive of New Hampshire, as may be deemed expedient to ascertain the boundary line between the two States, and to appoint commissioners to meet commissioners on the part of New Hampshire, to define such line; the preamble then declares that this boundary line has for a great number of years been well defined, and the river Connecticut, for the whole extent of the line between the two States, conceded to be within the limits and exclusive jurisdiction of the State of New Hampshire; and that the legislature of New Hampshire is not sufficiently informed of the nature of the difficulty to warrant the appointment of commissioners at the present session. It was therefore resolved, that the Governor be requested to transmit to the executive of Vermont a copy of this preamble and resolution, and to communicate to the legislature of New Hampshire at the next session, any information he may receive relative to this subject.

An act authorizing any two or more persons to associate together for the purpose of forming a fire engine company, a library society, a singing or other musical society, and may admit members and assume a name, by which such society may be known and distinguished in law; the agreement of association' is to be recorded in a book of records to be kept by the clerk of such society, and the substance thereof posted up in the town where such society is formed, and also recorded with the clerk of such town; the persons so associated are thereby constituted a body corporate and politic,' with the usual powers and duties incident to corporations. The property of such society is not to exceed one thousand dollars in value. No member of any fire engine company formed under this act, shall be exempt from performing military duty in the militia, if his exemption would reduce the company to which he may belong, below the number of fortytwo, rank and file, nor unless such engine company shall own and possess a suitable fire engine.'

An act was passed to abolish special pleading. In all civil actions the defendant may plead the general issue, which shall be joined by the plaintiff, and either party may give in evidence any special matter in support or in defence of the action, upon filing in the court a brief statement of such special matter, either of law or of fact, within such time as the court may order, of which statement

the other party shall be entitled to a copy.

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An act to authorize persons to vote in any town who have resided in the town where he may offer his vote, at least thirty days immediately preceding the day on which the meeting in which he offers to vote shall be holden.' But when any person shall have removed into any town with his family and goods, with an evident intention of a permanent residence therein, and it shall so appear to the satisfaction of the selectmen and the moderator,' he shall be permitted to vote in any legal town meeting thereof.

An act was passed to raise the sum of fortyfive thousand dollars for the use of the State, to be paid into the treasury on or before December 1st, 1832.

Acts were passed for the incorporation of two Savings Banks; four library companies; nine manufacturing companies; the trustees of the Methodist Annual Conference; five fire engine companies; the Lyme Aqueduct Company; Walpole and Aikens Academies; two bridge companies; the Beebus River Mining company; and the Dodges Falls Canal company.

the

At the session of the Legislature in June 1832, fortyfive acts and fourteen resolutions were passed.

An act making bank shares subject to all direct taxes, for the actual amount in value of said shares, whether the same be mortgaged, pledged or conveyed for the purpose of securing any loans obtained thereon, or for other purposes.

An act was passed granting premiums for killing bears, wild cats, foxes and

crows.

An act authorizing the selling of any franchise for the payment of any tax that shall be assessed upon any bridge, canal, or other company, incorporated by law with power to receive toll, or upon any person holding such franchise.'

An act authorizing the chairman of any committee of the legislature, or the person acting as such chairman, to administer the oath to any witness who may be called before them to testify in relation to any subject under their consideration.

An act appropriating $1500, for the purpose of educating indigent deaf and dumb children belonging to this State, at the Asylum in Hartford, Conn.

An act regulating the construction of highways, when such highways shall

be laid out, for the accommodation of the public, through lands belonging to any minor, who has no legal guardian. Such highway may be constructed and

used before the damages assessed by the selectmen to such infant shall have been paid or tendered, and the town in which such highways shall be laid out shall be liable to pay the damages assessed by the selectmen, as aforesaid, to the guardian of such infant, when a guardian shall be appointed, or to the infant himself, when he shall arrive at the age of twentyone.'

An act was passed to regulate the inspection of beef and pork intended to be exported, and further to regulate the inspection of mackerel.

An act was passed that required the selectmen of towns to return to the secretary's office on or before November 21, 1832, an inventory of the polls and real estates of their respective towns, which inventories are to contain a statement of the lands, cattle, sheep, horses, mills, wharfs, toll-bridges, ferries, carding machines, bank stock, value of stock in trade, the sum total of all the money on hand, and at interest more than the party pays interest for, property in the public funds, chaises and other wheel carriages of pleasure, &c,

An act declaring that no mortgage of personal property shall be valid, unless the property be delivered to the mortgagee or the mortgage be recorded by the town clerk.

This act, however, is not to extend to bottomry and respondentia bonds, nor to property at sea, provided possession be taken as soon as may be after its arrival.

An act authorizing the removal of

LEGISLATURE.

11

prisoners from jail upon the breaking out of any contagious disorder.

An act authorizing the replevin of goods when attached, that are exempted from attachment. If the attaching officer have delivered the goods to a third person, the officer bearing the writ of replevin is authorized, after demand and refusal, to enter the close or building of such third person and replevy the goods.

Fourteen acts of incorporation were also passed.

Also acts regulating marriages and for the registering marriages, births, and burials;

Regulating the sawing and sale of sawed clapboards and shingles;

Authorizing selectmen to tax the rateable estate of legatees and wards in the hands of executors, administrators, trustees, and guardians:

To establish the rates at which polls and rateable estate shall be assessed in making direct taxes:

For the better organization of Courts of Justice.

Regulating the mode of putting pine timber into Connecticut river.

Among the resolutions was a Resolve approving the sentiments contained in the Proclamation of the President.

A Resolve directing the Governor to issue his warrant to the selectmen of the several towns, to take the sense of the qualified voters on the subject of a revision of the constitution.

And three for addresses to the executive to remove certain public officers.

The legislature of the State assembled at Boston on the 4th of January, and the government was organized in the usual form. The Governor's Message was read on the 9th. The alteration of the present law relating to the election of representatives to Congress, and a restriction of the time for the return of votes, was recommended, and a bill for that purpose having been introduced was immediately passed. The State's Prison is said to have reached a satisfactory point of improvement, and to have been converted into a school of salutary instruction and reform. The number of convicts have been reduced, within the last year, from 290 to 256. The balance against the prison in 1830 was nearly $7000; this has been reduced to $177 47. It is

anticipated that the earnings of the prison will hereafter be more than adequate to its ordinary expenses. The Hospital for the Insane will be ready for occupants during the next summer, and will accommodate the superintendent and one hundred and twenty lunatics. The map of the State from actual surveys and admeasurements upon trigonometrical principles, is in progress. The geological survey of the Commonwealth is nearly completed. The necessary examinations of the country have been mostly made, and the First Part of an elaborate scientific report, comprising The Economical Geology of the State. or an account of our Rocks, Soils, and Minerals, that may be applied to useful purposes, and thus become sources of pecuniary profit,' accompanied with a