whose uniforms are regulated by the laws of the United States.

Perceiving, on a full examination of the act, that no compulsory means were provided for giving complete efficacy to its provisions, I hesitated in complying with that enactment relating to uniforms.

But finding that the militia, from every section of the Commonwealth, were expecting and importuning, a fulfilment of the intentions of the Legislature, 1 proceeded to make arrangements for establishing an uniform for the whole of the militia. In doing which the strictest regard was paid to neatness, simplicity and economy, and to the introduction of such distinctive modes and badges, as should designate different grades of officers, and the several descriptions of troops. To render the whole as little expensive as possible, you will perceive by the order of the twenty second of August last, containing the arrangement, a copy of which will be herewith laid before you, that many of its provisions are prospective, and that perfect uniformity in some of the corps may possibly not be effected under five years from the first Tuesday of May next. It would be unnecessary for me, gentlemen, to add, that some legislative sanction is requisite to give entire efficacy to these regulations.

Council Chamber, January 14th, 1823.

JOHN BROOKS.

CHAP. XXXVIII.

Resolve on the petition of David Greenough.
January 15th, 1823.

Whereas by a resolve of the thirty first of January, eighteen hundred and twenty two, the Warden and Directors of the State Prison were authorized to settle with the said David Greenough, a debtor to the said prison, on certain conditions, and the said Greenough having by his petition requested a further time to fulfil the same:

Resolved, That the Warden and Directors of the State

Prison be, and they are hereby authorized, at any time within two years from the passing of this resolve, to receive the sum of two thousand dollars, and the interest which may accrue thereon, from the first of July, eighteen hundred and twenty two, in full discharge of the said demand.

CHAP. XXXIX.

Resolve on the petition of the Justices of the Court of Sessions in Worcester County. January 17th, 1823.

On the petition of the Justices of the Court of Sessions in the County of Worcester, representing, that, under an order of the late Circuit Court of Common Pleas for said county, Samuel Allen, Esquire, Treasurer of said county, has paid to the Keeper of the House of Correction in Worcester, for the support of state convicts confined therein, the sum of two hundred and seventy two dollars and four cents, and praying that the same may be reimbursed to the said county by the Commonwealth:

Resolved, That there be allowed to the County of Worcester, the said sum of two hundred and seventy two dollars and four cents, and that His Excellency the Governor be, and he is hereby empowered and requested to draw his warrant on the Treasurer of the Commonwealth, in favor of the said Samuel Allen, for the said sum; the said Allen to be held accountable to the said County of Worcester

therefor.

CHAP. XL.

Representation from George W. Coffin, relative to Eastern Lands. January 17th, 1823.

The Committee of both Houses that were appointed to examine the accounts of George W. Coffin, Esquire, Agent of

the Land Office, have examined his account of proceedings from June, eighteen hundred and twenty, to the present time; wherein he has received, in securities and money, the sum of five thousand and sixty two dollars and four cents, and has paid the Treasurer, in securities and money, together with payments for postage, and other charges, including the amount due said Agent for services, the sum of five thousand and sixty five dollars and forty three cents; and there appears to be a balance due to said Agent, of three dollars and thirty nine cents, all of which appears to be rightly cast and well vouched.

JONATHAN DWIGHT, Per Order.

Therefore resolved, That said Agent be, and he hereby is discharged from the sum of five thousand and sixty two dollars and four cents, which has been received as above mentioned; and said Agent is hereby authorized to carry the balance due him, of three dollars and thirty nine cents, to a new account.

CHAP. XLI.

Resolve respecting a proposed Amendment to the Constitution of the United States. January 17th, 1823.

The Committee of both Houses, to whom was referred so much of the message of His Excellency the Governor, as relates to a proposed amendment to the constitution, limiting the power of Congress to incorporate a bank, or other monied institution, to the District of Columbia, proposed by the Legislature of the State of Pennsylvania, with the decision of the Legislature of the State of South Carolina thereon, having, according to order, had the same under consideration, thereupon ask leave to report:

It appears that the proposed amendment has been already acted upon, and decided by the Legislature of this Commonwealth, upon the original proposition of the State of Pennsylvania, by a resolution, passed twenty first of January, eighteen hundred and twenty, by which the Legisla

ture expressed their non-concurrence in the proposed amendment. Your Committee are of opinion, that the Legislature, having once acted definitively on the proposed amendment, have no further power on the subject, unless upon a new and original proposition, submitted to them by some other State, or brought forward in this Legislature. It becomes, therefore, unnecessary, at present, to express any opinion upon the merits and principles of the proposed amendment; although, were the question an open and original one, the Committee would have no hesitation in expressing their entire concurrence in the decision heretofore made.

Perceiving by a reference to the above cited resolve, that no order was passed providing for communicating the decision of the Legislature of this Commonwealth on the proposed amendment, to the other States, and to Congress, and believing that such communication is proper and necessary for their information and government, respectively, the Committee recommend the adoption of the following resolution.

1

L. SHAW, for the Committee.

Whereas the Legislature of this Commonwealth, by a resolution passed on the thirty first of January, A. D. eighteen hundred and twenty, having considered the amendment to the constitution of the United States, proposed by the Legislature of the State of Pennsylvania, in the words following, to wit:-"Congress shall make no law to erect or incorporate any bank or other monied institution, except within the District of Columbia; and every bank, or other monied institution, which shall be established by the authority of Congress, shall, together with its branches and offices of discount and deposit, be confined to the District of Columbia;" and thereupon having decided not to concur in the said proposed amendment,

Resolved, That His Excellency the Governor be requested to transmit a copy of this resolution to the Executives of the several States of the Union, with a request, that the same may be communicated to the Legislatures thereof; also to the President of the United States, with a like request that the same be communicated to Congress, for their information, respectively.

JONATHAN WILD, JUN.

CHAP. XLII.

Resolve on the petition of Jonathan Wild, Junior.
January 22d, 1823.

573

On the petition of Jonathan Wild, Junior, praying that he may be authorized to sell certain real estate of Eli Hayward, a person non compos mentis, situate in Braintree, in the County of Norfolk:

Resolved, For reasons set forth in said petition, that the said Jonathan Wild, Junior, the legal Guardian of said Eli Hayward, be, and he is hereby authorized and empowered to sell at public sale, the real estate mentioned in said petition, the same being a tract of pasture land, in said Braintree, of about four acres; and to make, execute and deliver to the purchaser, or purchasers thereof, a good and sufficient deed of the same, in fee simple: Provided, that the said Jonathan Wild shall give public notice of such sale, by posting up advertisements at two public places in said town, fourteen days at least previous to such public sale; and that the said Jonathan shall first give bond, with sufficient sureties, to the Judge of Probate for the County of Norfolk, conditioned, that, within three months from the time of the sale of such estate, he will file in the office of said Judge of Probate, a true account of said sale, and that he will account to the said Judge of Probate for the proceeds thereof and interest, whenever thereto legally required.

CHAP. XLIII.

Resolve respecting the Second Precinct in Boylston, Sterling and Holden. January 22d, 1823.

On the petition of Robert B. Thomas and others, in behalf of the Second Precinct in Boylston, Sterling and Holden, setting forth, that for several years after the incorporation of the Town of West Boylston, no meetings of the members of said precinct or parish have been held, distinct