Concord Register

General Court.

Reported for the Register.

House of Representatives.

Wednesday, November 17, 1824.

Agreeably to adjournment, in June last, about one hundred members being assembled in the Representatives' chamber, at eleven o'clock, the Speaker took the chair, and announced, that a quorum for the transaction of business were present: whereupon,

On motion of Mr. Keith, a committee of two members was appointed by the Speaker and instructed to inform the Honorable Senate, that a quorum of the members of the House of Representatives were convened in their chamber, and ready to proceed to business.

A message was then received from the Senate by their assistant clerk, giving information to the House that a quorum of the members of the Senate were assembled in their chamber, and ready to commence the public business of the session.

On motion of Mr. Hubbard, a committee of five was appointed, to be joined by such as the Senate might appoint, and instructed to inform His Excellency the Governor, that quorums of both branches of the Legislature were assembled in their respective chambers, and ready to receive from him such communications as he might think proper to make. After which,

A message by the Secretary was received from His Excellency the Governor with the following
Communication.

To the Senate and House of Representatives.

Gentlemen:

The very agreeable circumstances under which we are now assembled, will excite mutual satisfaction and congratulations. Peace and felicity pervade our common country; health and prosperity are among our numerous blessings; abundant supplies have crowned the labours of the husbandman; agriculture, manufactures, the arts and sciences are daily advancing; our civil and religious institutions are enjoyed in their purity, and the inestimable blessings of the Gospel are propounded to every class of community. These rich tokens of parental goodness demand united expressions of humble gratitude to our indulgent Benefactor, from whom all our mercies flow. When we reflect upon the character and provisions of our national and state constitutions, the happy government under which we live, the fertile soil on which Divine Providence has placed us, we cannot cease to render a tribute of praise to that Benevolent Being, who wields the destiny of empires, and regulates all the nations of the earth. Although "Divine Providence is inscrutable," and we can never enumerate the instances of special interposition in favour of our ancestors and their posterity; yet, a careful observer of passing events will be impressed with a sense of its general course, and be led to see, and feel, that our country is among the highly favoured nations of the earth, flourishing and happy.

The heroes of the revolution anticipated much from their toils and labours; but they, and their descendants, have realized much more than was expected. They contended for civil liberty; and the globe furnishes no instance in which its precious blessings are so perfectly enjoyed. They taught their sons the value, and inspired them with the hope, of religious freedom: and no restraint impedes the human mind in its researches after truth—no legal authority is allowed to trammel the conscience, when in pursuit of the duties and doctrines of revealed religion. Our nation can boast of high attainments in morals and civil liberty; and in the sciences and useful arts, may vie with some of the most improved kingdoms of Europe.

From the simplicity of our republican institutions, founded on the basis of natural justice, equal rights, and liberty of conscience, a peculiar excellence, worth, and dignity have been attached to the American character both at home and abroad. As government was "instituted for the common benefit, protection, and security of the whole community," it becomes legislatures to keep constantly in view, in all their proceedings, the prosperity, harmony and happiness of the people. In performing the various duties assigned us by our constituents, and especially in making laws for their protection and government, we must legislate upon the broad scale of general interest. Those principles of government generally received, justify such a course; and the welfare of society requires, that the prosperity and happiness of community at large, should be "preferred to the conflicting interests of a few individuals." The morals and best interests of society are protected and preserved by good and wholesome laws; and, as legislators, you are under the strongest obligations to see that such wise regulations are faithfully and impartially executed; and so to improve our civil institutions, that they conform to natural justice, and the present enlightened state of society. With these views, and upon these principles, I am bound to call your attention to several subjects, which in my opinion merit your immediate consideration. Those which were suggested on a former occasion, and which have not received your ultimate decision, I still consider of the utmost importance. Should you entertain similar views, they will doubtless attract your consideration at the present time.

Among the matters presented at the last session, for the consideration of the legislature, those concerning Education, the Judicial Department, and the Militia, are of such vital importance to the people, that I must be allowed to make a few remarks upon each.

Our constitution makes it the duty of the legislature "to cherish the interest of literature and the sciences." And it is, undoubtedly, among the highest objects of a wise government, by every measure in their power "to encourage and support both private and public seminaries" for the education of youth, and to provide "that exemplary and learned instructors be employed in our schools throughout the state;" for, by these means, the rising generation may be qualified for public as well as private usefulness, and the greatest security will be afforded for the protection of the rights and privileges of the people. Knowledge and science expand and invigorate the human intellect, encourage the improvement of the mind, and "cherish those benevolent and religious feelings which extend intercourse among mankind and increase social happiness."

Our predecessors have entertained similar views on the subject of education, and under their influence have made excellent provision for the support of common schools.

As this subject is among the most interesting, as it respects the happiness of society, which requires the aid of legislation, I propose an inquiry, whether some useful amendments may not be made to the laws regulating our primary schools. I apprehend much of our school money is lost by employing unqualified persons as teachers, and the frequent changes in school-books. Would not these evils be, in some measure, removed, by enlarging and more particularly defining the duties and powers of the several school committees, and requiring them to report annually to some constituted tribunal; and, by establishing a set of standard school-books, which would ultimately result in a uniform and permanent system of instruction throughout the state?
Ordered, that 500 copies be printed for the use of the members of the Legislature. After which the Communication was referred to a select committee to report thereon.

A special communication from the Governor, accompanied with sundry documents in relation to the Asylum for the Deaf and Dumb at Hartford, was received and referred to Messrs. Keith of Wentworth, Smith of Peterborough, and Smith of Exeter.
With respect to the Judiciary, I would observe, the practical effects of all political systems upon society are the most safe guides to direct the course of legislators in their future measures; these are easily understood, and difficult to resist. Time, which tests the utility of public measures, correctly develops both the merit and demerit of all human systems; and laws, which are sanctioned by time, and proved by experience to be adapted to the genius and circumstances of the people, are respected and require continuation; but those which have proved inadequate, by the same test, when duly executed, to facilitate a prompt administration of justice, call for the aid of legislation. Under these impressions, I am again induced to solicit your attention to our Judiciary. The immense business before the court, and the unavoidable delay in the administration of justice, call aloud for legislative provision. What course is the most eligible, under existing circumstances, I shall not attempt to decide; the combined wisdom and experience of the legislature can surely provide a remedy, where palpable defects are frequently presented to their observation.

The Militia Laws need your attention; they are imperfect, and capable of improvement: but as this subject will probably be referred to a judicious committee, who will take the whole system into consideration, I shall not offer many remarks in this communication. I will, however, observe, in passing the several reviews to which I attended the present fall, I found the Militia, generally, in a much better condition than I anticipated, in respect to equipments, uniform, and discipline; and I think a favourable opportunity now offers to encourage these principles by legislative assistance. For the purpose of inducing the field officers, and making it convenient for them, to receive their refreshments on muster days in the field, (a practice absolutely necessary among soldiers) I would suggest the expediency of furnishing each regiment, at the expense of the state, with a marquee.

As it is of great importance that the condition of the Militia should be improved, and as uniformed companies are usually much the best disciplined, I wish the inquiry may be made, whether it would not be expedient to remit the poll tax for a certain time, as an encouragement to all those companies who shall furnish themselves with such a uniform as the field officers of the regiment may designate. From observation made, and information obtained, I have reason to believe that in numerous instances, surgeons have been quite too liberal and accommodating, in exempting soldiers from military duty. The practice of excusing persons from training who are liable by law, without any real disability, and in many instances without any adequate cause, tends exceedingly to excite a spirit of jealousy and discontent among the soldiers. If a small compensation were required from the applicant, and received by the surgeon, to be by him paid to the Captain of the company, for the purpose of purchasing musical instruments, I think it would tend considerably to diminish the number of applications. We generally observe such persons spectators on the muster ground, and usually, able to attend to their ordinary business: and surely, under such circumstances, it cannot be deemed a hardship for them to pay a small equivalent for their privilege, while the soldier carries his gun. Several other defects have been intimated, and improvements suggested, by the Adjutant and Inspector General, who attended me on the reviews, which may, perhaps, be more conveniently laid before a committee, than communicated by message.

I would take this occasion to observe that the "Nation's Guest," Major-General La Fayette, has been invited by the citizens of Concord, (in which request I united) to make a visit to the seat of Government of this state, to which he gave a verbal answer in the affirmative. I hope to receive a written communication from him, on the subject, previous to the adjournment of the legislature; should it arrive, I shall do myself the honor to lay it before you immediately.

Several communications from the general and state governments have been made to me since the last session of the legislature, and one from a committee of the Directors of the American Asylum for the education of the deaf and dumb, all which, designed for your consideration, will be seasonably submitted.

It is presumed the unfinished business of the last session, and all such as may tend to promote the interest of the state, will meet your immediate consideration; in all which you may expect my ready co-operation.

DAVID LAWRENCE MORRIL.

Concord, N. H. Nov. 17th, 1824.

*Major General Steele and suite, attended the reviews in his division; and Brigadier General Bartlett and staff attended those in his brigade.
Petitions—of David Nudd and others, praying to be incorporated as "Proprietors of the Hampton canal" referred to the committee on roads, bridges and canals—of Charles Richardson and others, praying to be incorporated as a "Rifle Company" referred to the military committee.

Unfinished Business.

A bill entitled "An act for establishing the times and places of holding probate courts in the county of Hillsborough" referred to the members from the county of Hillsborough.

The consideration of the expediency of repealing the laws of June 30, 1818, and July 1, 1819, relative to poor debtors; a bill, entitled "An act directing the mode of serving mesne process on corporations in certain cases;" a resolve, providing that three terms of the superior court shall be holden in each county annually, &c. were referred to the judiciary committee.

The petition of Colebrook, Columbia, &c.; and the case of the member from Roxbury, referred to the committee on Elections.

The petition of the Artillery company in the eleventh regiment; of Elias Conant and others; the consideration of the expediency of exempting certain students of academies from military duty; the consideration of the expediency of exempting all soldiers, over forty years of age, from military duty; the consideration of the propriety of permitting non-commissioned officers and privates to ballot for their officers—referred to the military committee.

The consideration of the expediency of the revision of the laws relative to the assignment and collection of taxes—referred to the committee on finance.

A bill, entitled, "An act to incorporate the Winnepisiogee bank, and the petition of William Webster and others, praying for a bank at Plymouth—referred to the committee on banks.

The petition of sundry inhabitants of Stratham and Greenland; that part of his Excellency's message relative to agriculture and manufactures; the expediency of providing by law against fraud in packing hay for exportation—referred to the committee on agriculture and manufactures.

The petition of Josiah Smith—referred to the committee on the alteration of names.

The petition of New-London and Sutton, and of Charles Chase and others, praying that Hopkinton may be constituted a half-shire town in the county of Merrimack—referred to a select committee.

The petition of Jonas B. Bowman and others: of Jacob Williams and others, and sundry remonstrances—referred to the committee on roads, bridges and canals.

The petition of Daniel Gage and another, and of William C. Turell and Samuel Merrill, each praying for a grant of public land—referred to the committee on public land; and the subject of the lands north of the 45th degree of north latitude—referred to the committee on that subject.

Petition of the selectmen of Springfield praying that said town be annexed to the county of Merrimack—postponed to the next session of the Legislature.

On motion of Mr. Toppan that the door-keepers guard the fires in the State House—Ordered, that the door-keepers watch the fires in the State House in the night time, during the session.

Adjourned.

[Mr. Toppan's motion might seem to indicate an apprehension of too much warmth or excitement during the session. We know of nothing to raise the pressure of the political atmosphere very high, or to heat the boiler of the Legislative engine by any means to the danger of bursting; but still we think the precaution a good one to give the door-keepers a check and control over the fires of the capitol, whatever form they may assume, and at whatever time too much heat might be elicited. Mr. Toppan's views, it seems, were not fully met by his brethren of the House, who, somewhat jealous of their official prerogatives, ordered the door-keepers to watch (not guard) the fires during the night time—thus limiting their controlling power, and confining it, as is presumed, to the extra-official business of caucussing, and other nocturnal avocations.]
Thursday, November 18.

Sundry petitions were presented and referred—viz.—of Beck and others, for imposing licenses on retailers of spirituous liquors—to the committee on finance—of Crafts and others, for the incorporation of Paulsburgh—to the committee on towns—of Robert Hawk, Jr. and of Hiram Elihu—to the committee on the alteration of names—of Elijah Cheeney and Luther Knight—to the committee on roads, &c.—selectmen of Goffs. town—to the committee on towns—of the field officers of the 5th regiment for the removal of an officer—to the military committee—of Ebenezer Learned and others, praying for the grant of a sum of money to the Merrimack County Agricultural Society—referred to the committee on agricultural societies.

The House and Senate met in convention for the purpose of opening and examining the returns of votes for Electors of President and Vice President of the United States; and the same being read and entered, a committee was appointed to compare the returns with the entries, cast the number of votes, and report.

On a motion for a committee to whom should be referred the returns of inventories of taxable property, and who should prepare and report a bill for a new proportion of taxes; and after a short debate, in which several members of whom the committee should consist, varying in opinion from three to seven from a county; it was decided in favor of five members from each of six counties, and three from the seventh; to be nominated by the delegation from the respective counties. The nominations having been made and ratified by the House, the committee was declared to consist of the following gentlemen, to wit—

From Rockingham—Messrs. Haven, Mack, Toppan, Fellows and Tucker.

Strafford—Messrs. Abbot, Perkins, Wilson, Bartlett of D. and Jones.

Merrimack—Messrs. Stevens, Wallace, Kelly, French and Bradley.

Hillsborough—Messrs. Parker, Brown, M'Kean, Wheeler and Farley.

Cheshire—Messrs. Bellows, Belden, Cheeney, Bingham and Griffin.

Grafton—Messrs. Baker, Rogers, Blasdell, Olcott and Rix.

Coos—Messrs. Meserve, Maharuin and Wilson.

Mr. Cheeney of Newport gave notice that he should, tomorrow, introduce a bill founded on a resolve which passed at the last session, for removing the place of holding the courts from Charlestown to Newport.

Mr. Doe introduced a resolve that it is expedient to district the State for the choice of Representatives to Congress; which was made the order of the day for Tuesday next.

Mr. Peabody of the committee on Roads, Canals and Bridges, made a report upon the petition of David Nudd and others—that the further consideration of it be postponed to the 4th Wednesday of the present session, and that notice be given to all persons interested.
In Senate.

Wednesday, November 17, 1824.

The following gentlemen, members of the Senate, appeared and took their seats, Messrs. Bartlett, Kimball, Morrill, Eastman, Wallace, Healy, Hale, and Gilmore.

Moses Eastman, Clerk; William H. Y. Hackett, Assistant Clerk.

Mr. Healy was joined to the committee from the House, to wait on the Governor, and inform him that both branches of the Legislature are assembled, and are ready to receive any communications he may be pleased to make.

Mr. Hale presented the petition of the Fire Society at Keene, and of the Fire Engine Company, praying for leave to enlist twenty-five men to serve in said Company; which was referred to the committee on Military Affairs. Messrs. Eastman, Wallace, and Hale, were appointed a committee to report references of the several subjects contained in the Governor's Message.

Mr. Pattee appeared and took his seat.

Mr. Eastman offered the following resolution, which was adopted—

Resolved, That the committee on the Judiciary be instructed to take into consideration the expediency of amending or repealing so much of the law as relates to the inspection of Hops, and report thereon by bill or otherwise.

Adjourned.
Thursday, Nov. 18.

Mr. Gilmore, for the committee on unfinished business, reported a resolve to establish a State court of common pleas; which was ordered to lie upon the table: Also, a petition of sundry persons, praying for the repeal of an act, entitled "an act for the preservation of fish in Baboosuck Pond;" which was referred to the committee on the Judiciary.

Mr. Bean appeared and took his seat.

Messrs. Wallace, Kimball, and Bean, were appointed a committee on so much of the Governor's message as relates to education: and Messrs. Eastman, Morrill, and Pattee, on so much thereof as relates to the expected visit of Major General La Fayette.

Messrs. Kimball and Gilmore were joined on the part of the Senate, to a committee from the House, to receive and examine the Inventories of the several towns in this State, and report a new proportion of the public taxes.

Mr. Pattee offered the following resolution, which was adopted:

Resolved, that the committee on the Judiciary, be instructed to inquire into the expediency of altering and amending the law of this State respecting the settlement and maintenance of paupers.

Mr. Gilmore, for the committee on unfinished business, reported a resolution which passed at the last session, directing the Treasurer of this State to cancel a bond given by the Treasurer of Dartmouth University, for the re-payment of a loan; which was referred to the committee on the Judiciary.