New Hampshire Statesman And Concord Register

New-Hampshire Legislature.

FRIDAY, Dec. 12.

SENATE. Mr Woolson presented the petition of David H. Sumner, for the repeal of an act regulating the putting of pine timber into the Connecticut.

Bills passed—authorizing fire engine companies to assume the powers of corporations; allowing a premium for killing crows; incorporating Columbia bridge.

The bill relating to the election of representatives from classed towns, was ordered to a third reading with an amendment.— Several other bills also passed stages.

HOUSE. On motion of Mr Kenrick, offered yesterday, Messrs. Abbot, Vose, Lovell of M. Richardson of C., Bryant, Kenrick and Boynton were appointed a committee to examine Richards' tax tables, and report on the expediency of purchasing a certain number of copies.

Petitions, &c. presented and referred:-

By Mr Rollins, of C. C. Wolcott and others, for a bank in Somersworth; by Mr Clark of S. of William Triggs, jr. for a grant of State land.

Agreeably to report of committees, the selectmen of Langdon had leave to withdraw their petition.

The Governor by message communicated the Treasurer's estimates of receipts and expenditures from Dec. 1, 1828, to June 1, 1829, as follows:

Receipts.

State tax for 1828 $39,997 20
Interest on stock in funds 2,140 50
For taxes outstanding 1,215 85
—$43,353 55

DISBURSEMENTS.

Salaries of officers of govt. $8,958 51
Expenses of Nov. session of Leg. 21,782 00
For money borrowed and interest 18,461 65
Compensation for Electors 147 00
Incidental expenses, &c. 2000 00
Deaf & Dumb appropriation of 1827 325 00
Do. do. 1828 1,200 00
Travel, &c, of Ex.Council, May,1829 105 00
Military appropriations 300 00
Contingencies 2,000 00
$55,279 16

Leaving $11,925 61 to be provided for.

Mr Chamberlain, from the committee on towns, reported on the petition of Theophilus Currier and others, praying to be disannexed from Deerfield and annexed to Candia, that they have leave to bring in a bill.

Mr Betton moved to postpone the subject to the next session. Mr Lane of Candia, opposed, and Mr Freese supported the motion, which prevailed.

The petition of John Dana to have his farm in Orford annexed to Wentworth, was postponed to the next session, with order of notice to said towns.

The petition of Thomas Wheeler and others for the incorporation of the town of Maynesborough, was also postponed with order of notice.

Bills reported—incorporating the proprietors of Charlestown bridge; to disannex the farms of Erastus Glidden and Jacob Smith from Unity & annex them to Claremont: allowing a premium for Killing bears.

On motion of Mr Chamberlain of F. the petition of the selectmen of Nelson was referred to the Judiciary Committee.

Mr March of P. from the committee on elections, to whom the petitions of inhabitants of Stratford and Northumberland, &c. had been re-committed, with instructions to report a resolution granting leave to elect representatives. reported—

That they had re-examined the aforesaid petitions, and find from the evidence before them, that the distance from one end of the district to the other is not more than 32 miles ; that a considerable portion of this distance is very thinly inhabited: and that they are still of opinion that the prayer of said petitioners ought not to be granted— but, in obedience to the instructions of the House, they reported a resolution authorizing Stratford and Northumberland to elect a representative, and Percy, Milan, Dummer, and Winslow's Location also to send a representative.

[The report of the committee of elections which was re-committed with instructions on Thursday last, was merely a statement of facts, of which the substance is, that Northumberland, Stratford, Percy and Milan, now form one district; that Northumberland contains 77, Stratford 77, Percy 45 and Milan 38 voters, making in the whole 237 ; that there are in Dummer 14, and in Winslow's Location 7—that these towns are not annexed to any district, but adjoin Percy, and might conveniently be classed with the above towns : that the district is large, and it is therefore inconvenient for inhabitants living in the extreme parts to attend the annual town meetings; but the committee were of opinion that such had been the great increase of members of the House within twenty years, that the practice ought to be discontinued of granting towns not having the constitutional number of voters, the privilege of sending representatives.]

Mr Betton moved that the resolution be indefinitely postponed—and supported his motion in an able & argumentative speech.

Mr Peverly replied to the gentleman from Salem, and supported the resolution at some length, indulging in some severity of remark upon the committee of elections, and upon the members opposed to the resolution.

Mr Sawyer, one of the Committee of Elections, replied to the gentleman from Northumberland, repelling the imputations which he had thrown out in relation to the Committee.

Messrs. March of P. Brackett, Burbank. Winchester, Emerson, Thornton, Goodall, and Clark of Sanbornton, also participated in the discussion, when the question of postponement was taken by yeas and nays, on the call of Mr Peverly, and lost—Yea 96, Nays 103.

NEW TOWN

The bill incorporating the town of Franklin was called up on its third reading, by Mr Chamberlain of F.

Mr Emerson of Gilmanton addressed the House at length in opposition to the bill.

Mr Chamberlain of F. made a few observations in reply to some constitutional objections urged by the gentleman from Gilmanton; when the question on the passage of the bill was taken and decided in the affirmative, as follows:

YEAS—Messrs. A. Dudley, John Lane, Underbill, Bryan, J. Porter, A. Tucker, L. Brown, Peabody, Dow, Gordon, Joshua Lane, W. Brown, S. Pillsbury, J. Batchelder, W. Webster, Holmes, Vennard, Branscomb, N. Batchelder, Coe, J. Robinson, N. B. March, Ladd, Betton, Jewell, Anderson, Flanders, W. Hale, Stark, J. Wheeler Kimball, Perkins, J. March, Ianson, Fellows, Doe, Rollins, Gilman, J. C. Thompson, Farmer, Bradley, Herbert, Ayer, C. Tucker, A. Colby, Vose, Underwood, Read Colby, Bennett, Bixby, Farley, J. Richardson, Moore, d. Stevens, French, Sawyer, S. Wheeler, Hobbs, Jona. Smith, Farnsworth, Dodge, Farrar, Abbot, A. Wentworth, O. Richardson, L. Chamberlain, Slate, Ainsworth, S. Hale, Frost, Wardwell, Rawson, Wilder. Griffin. J. Wilson. Belding, Holbrook, Cutting, Field. Winchester Pierce. D. Robinson, V. Lovell, Tyler, J Richards, B. Chapman, Willey, Currier. Chase, Ticknor, Gould, Goodall, Berry. Little, Wallace, Whittier, Buel, Freeman. Bell, Morse, S. Pilsbury, Sartwell, Kenrick, Lambert, Emery, Wilcox, R. Jenness Russell, Burnham, Elliot, Patch, Brackett.—114.

NAYS.—Messrs. H. Tucker, Freese, B. Jenness, A. Brown, Metcalf, Bartlett, Butler, Coues, M. Dudley, S. Jenness, Lock, J. Peavey, Kent, Churchill, Eastman, Moulton, Emerson, P. Clark, Walker, Lang, W. Smith, W. Lovell, J. R. Pilsbury, T. Chapman, Shannon, Tash, Mooney, E. Wentworth, Cress, Farrington, J. Clark, Tilton. Quimby, Otis, B. W. Jenness, J. L. Peavey Wingate, Rust, A. O. Evans, Cavis, Millen, Moody, Carpenter, Allison, Ham, Putnam Rice, Darling, Jere. Smith, Townsend, R. Porter. B. Evans, Kelly, Stearns, Fletcher, M'Kean, Hunt, M. D. Lovell, Carr, E. Richards, Whittemore, Symonds, T. Wilson, Boutell, Thornton, Trull, Wason, Eaton. S. P. Colby, Lewis, Matson, B. Brown, Hayward, Jenks, J. Quimby, Neale, J. Colby, Cole, W. Quimby, Prescott, Crockett, Willis, D. Clark, Barclay, Newell, A. Currier, Meserve, Boynton, W. Chamberlain, Peverly, Burbank, Lovering.—90.
SATURDAY, Dec. 13.

HOUSE. Mr Elliot presented the account of Moses Foss, Jr. $2.

The remonstrance of Levi Thompson, and others, against the incorporation of the town of Franklin, was, on motion of Mr Clark of S. ordered to be placed on the files of the House.

Mr Bell, agreeably to notice, introduced a bill establishing the rates of toll of the Pierpont Bridge.

Mr Hobbs, pursuant to notice, introduced a bill in addition to the act for the preservation of fish in the ponds of Pelham.

Mr Flanders moved an indefinite postponement of the bill. Mr Hobbs and Mr. Vose opposed the motion, which was lost, and the bill referred.

On motion of Mr Smith of Peterborough, the second Congregational Society In Concord had leave to worship in the Representatives Hall on the Sabbath, during the session.

Mr Farmer introduced a resolution for furnishing all Academies, now or hereafter incorporated, with a copy of Carrigain's map, excepting such as have already been supplied.

Referred.

MONDAY, Dec. 15.

SENATE. Met according to adjournment

On motion of Mr Plumer, adjourned.

HOUSE. Petitions presented and referred.

By Mr Pillsbury of H. of the New-Hampton Theological Institution for an alteration of their charter : by Mr Brackett of sundry inhabitants of Dalton and Whitefield, to annex part of the former town to the latter.

Mr Stark introduced a bill incorporating the Academic school in Conway.

Several of the bills reported by the committee of which Judge Richardson was the chairman, were read and committed.

TUESDAY, Dec. 16.

SENATE. Mr Plumer presented the remonstrance of Henry Hyde, and of sundry other persons, against the petitions for said Hyde's removal from the command of the 27th regiment.

On motion of Mr Hoit, the committee on the Judiciary were instructed to inquire into the expediency of requiring to be taken at the next annual meeting the sense of the qualified voters on the subject of a revision of the Constitution.

HOUSE. Mr Evans, of A. presented the account of David Davis, Jr. $68,50—referred to the committee on claims.

and Arnold and others: and the petitioners for a new town to be taken from Antrim, &c. had leave to withdraw their petitions.

The returns of Cashiers of the several Banks in the State (excepting Keene and Exeter) were laid before the House, and referred to the committee on the new proportion.

Mr Peabody, from the committee on Finance, reported a resolution giving Joseph Low and others, firewards of Concord, leave to bring in a bill.—Laid on the table.

Mr Brackett introduced a bill incorporating the Lancaster Academy.

Bills passed—Incorporating the proprietors of Dalton bridge, and the Merrimack society for the cultivation of martial musick.

On motion of Mr Farley, the committee on the Judiciary, were instructed to inquire into the propriety of authorizing the Court of Common Pleas to allow the Solicitors of the several Counties, a reasonable compensation for their services.

Mr Coues called up the resolution making an appropriation for the purpose of building a brick wall in front of the Arsenal in Portsmouth, and explained the necessity of the proposed expenditure—read a second time and ordered to a third reading to-morrow.

Wednesday, Dec. 17.

SENATE. Mr Plumer, from the judiciary committee, reported a bill providing for the collection of State and County taxes, from unincorporated towns and locations—which was three times read, and passed.

The bill incorporating the Merrimack Society for the improvement of martial music, was amended and passed.

HOUSE. The House concurred in the amendments proposed by the Senate to the bill relating to the election of the representatives of classed towns—and did not concur in their amendments to the bill authorizing fire engine and hose companies to assume the powers of corporations.

Mr Webster, from the Committee on the Judiciary, who were instructed to report whether the vacancy in the Senate, occasioned by the death of Mr Poole, had been constitutionally filled, and what constitutional objection existed to its being now filled by the Legislature, made a report, in which they gave at large the reasons for their opinion that the vacancy has been filled according to the forms and in the sense of the constitutional provisions applicable to this case —and that the objection to filling the existing vacancy arises from this, that there is no provision in the constitution for such a course as this :

And thereupon the resolution, that the Legislature can proceed no further in filling the vacancy, was passed without debate or opposition.

Mr Thornton, from the Committee on Roads, &c., reported a resolution, giving Thomas Henderson and others leave to withdraw their petition. On motion of Mr Wheeler of D. ordered to lie on the table.

On motion of Mr Ladd, the Committee on the Judiciary, were instructed to inquire into the expediency of regulating by law damages on foreign bills of exchange.

On motion of Mr Wilder. the same committee were instructed to inquire into the expediency of providing by law that the Judges of Probate be requested to grant letters of administration and guardianship on other days than those assigned for holding Probate Courts.

Bills introduced—By the Committee on the Judiciary, providing for the appointment of three jail Commissioners in each County, to hold their offices five years: providing for the use of broad rimmed wheels ; by the Committee on Incorporations, incorporating a library in Sutton, and another in East-Kingston ; by a Select Committee, providing for the appointment of Road Commissioners in each County. [The last mentioned bill was, on Mr Field's motion, laid on the table, and ordered to be printed.]

Alexander S. Campbell and others, Jonathan Hussey and others, Samuel Dow and others, James Wallace and others, and inhabitants of Rye, had leave to withdraw their petitions.

Mr Peabody called for the order of the day, which was the bill appropriating the Literary fund ; and the same being on its second reading, Mr Peabody said, that the Committee who reported the bill, considered the subject worthy the serious consideration of the House. He should therefore take the liberty of explaining the sentiments and views of that Committee.

Since the year 1821, when the fund was originally established, it had accumulated to the amount of about $54,000.

Of this sum, $4400 was invested in 6 per cent stock of the United States. The remainder had been loaned to various banks at 4 5-8 per cent : making the average income of the whole fund vary little from 5 per cent.

The provisions of the bill required no explanation. Some difference of opinion there might be, upon its principles. It appeared to him proper, however, before proceeding farther, to examine the correctness of an assertion, which had been not unfrequently made, and, if he remembered correctly, had been sometimes made in the House. It was this : that the fund, by the terms of the act establishing it, had been pledged and appropriated to the erection of an university : and that the Legislature had, of consequence, no authority to apply it to any other purpose.

By the terms of that act, it was certainly stated to be so pledged and appropriated; and the diversion of it from that object would not be defended by him on the ground of power only. He knew no limit to the Legislative power, except the reservations of power which the people had made, and the constitution of the United States, by the operation of which, States were prevented from passing laws impairing the obligation of contracts.—

Doubtless, if a contract were created by the Statute of 1821, the powers of the Legislature over the subject were gone. If a corporation had been created by that statute, even if its existence were not immediately to begin, their powers were also at an end. When at an early period, the national revenue was pledged for the payment of holders of public stock. the faith of government was pledged thereby, and a contract created. It was fit, that these contracts should be guarded by the constitution ; and they were defended by reverence as well as by power, by the unchangeable obligations of justice. Admitting then, that a contract existed here, who were the parties? What right had been vested, what beneficial interest acquired under it ? What estate had been conveyed upon the faith of it? He saw in it, nothing in the nature of a contract.

The word pledge intended a contract, or it meant nothing. To what individual, to what corporation was the faith of government plighted? To him, the terms of that statute appeared to be only the expression of the wish of the Legislature of that period, in favor of a particular mode of appropriation; and he believed it quite as competent for the Legislature to direct a different mode, as to repeal any other act. That statute contemplated the raising of revenue merely; and that revenue, like all other, was subject to Legislative control.

If the time for some appropriation were believed to have arrived, which of the various modes suggested, was the best ?— All would agree, that the best mode, must be that, which would produce the greatest and most universal benefit. No other mode would meet the reasonable expectations of the people.

Some had contended, that it should be applied to the erection of a university.— He had already expressed the conviction, that there existed no obligation so to apply it; and his conviction was equally sincere, that such an application of it would not be advantageous. There were colleges enough. No material benefit had been derived from the multiplication of them elsewhere. It would not be doubted, that if an institution of the kind could be so endowed, as to reduce very materially the expenses of education, and to render its higher branches accessible to all, it would be very desirable. Such an institution was altogether beyond our resources.

It had been also maintained, that the distribution of the fund among the several counties, to endow seminaries for education in practical science and various useful arts, would be still more desirable.— Such institutions were not without their value : but so far as his knowledge extended, they had not received the sanction of full experiment. Nor did he wish to hazard a fund like this, upon the success of an experiment at all doubtful.

But there was an objection to both these plans, of much weight: that their benefits would be not certain, but contingent : not universal, but limited. There was an institution, which, however it might be appreciated, deserved more and more, every day it lasted, the countenance and protection of government— which comprehended, in its broad circle, the interests of every individual in the land. He alluded to our free schools.—

All who were conversant with them must know, that they could be brought to a far higher degree of perfection. More eligible systems of instruction might be found. Better instructors in some instances might be found, by increasing our means of engaging them. It was well known, that in some large towns. the sums required to be raised by tax, were divided among many districts, giving but a small amount to each. In those places, where the sums raised were adequate to all useful purposes, the amount received under the bill might form the foundation of a fund, which would be fast accumulating.— Towns could invest it more advantageously than the State had been able
to invest it. This mode of appropriation was the most natural, as well as the most equitable. To begin with the higher branches of education would be to invert the correct system. should such a plan be adopted, the work might share the fate of the custom-house in London, whose builder found the base of his edifice sinking while he had scarcely yet completed the ornaments of the dome.

He would offer no remarks upon the mode, according to which the bill proposed to divide the fund, except simply to observe, that it kept in view the principle, according to which all money raised for similar purposes had long been applied.

What the sentiments of other gentlemen might be, he could not pretend to declare. He regarded the subject as one, of the most urgent interest to all. Upon what, but our system of universal education, did our government, and all its institutions rest? In it, consisted their security : with its improvement or subversion, they must survive or perish. If it were in the power of the Legislature to forward the good work, their labors would not be vain. The effects might not be immediately visible ; but they would be seen and felt hereafter; in the diffusion of prosperity, of knowledge, of all the elements of social happiness. It was his conviction, early formed and not soon to be abandoned, that if the principles of freedom should ever be extinguished in the hearts of those, who guided our destinies, if, in the order of Providence, the time should come, when these principles should forsake the Halls of Legislation and the assemblies of the people, they would find a permanent, and unfailing refuge in the free schools of New-England.

Mr Ladd moved to amend the bill so as that the fund should be divided among the several towns, according to the proportion of their taxes under the act of 1824, establishing a new proportion, and insisted that as the fund had accumulated since that act passed, it ought to be distributed in the same ratio.

Messrs. Doe, Vose and Field opposed the motion—considering the Fund as the property of the State, if to be distributed among the towns at all, it should be done on such principles as would give to each its equitable share, and what that share is must be determined by the present state of the towns, and not by their state four or eight years ago.—

The motion did not prevail, 2 only rising in favor of it.

Mr Ladd then moved that the bill be laid on the table, in order to give time for further consideration. Mr Emerson supported the motion, which did not prevail, 21 only rising in its favor.

Mr Thornton observed that the act establishing the Literary Fund. authorized the Commissioners to receive donations or bequests, and enquired of the committee who introduced the bill, if any such bequest or donation had been made.

Mr Peabody said it appeared by the reports of the Commissioners, which had been annually presented to the Legislature, that the Fund had not been increased in the manner alluded to by the gentleman from Merrimack.

Mr Peverly opposed the bill at some length, and contended that the appropriation contemplated by the bill was in direct violation of the plighted faith of the State, unconstitutional and unjust. Mr Ladd also opposed the bill, on the ground that the principle upon which the Fund was to be apportioned to the several towns was inequitable, and injurious to the interests of the town which he represented.

Mr Tilton called for the yeas and nays on the question of ordering the bill to a third reading. And they were yeas 183, nays 21, so the bill was ordered to a third reading to-morrow.

THURSDAY, Dec. 18.

SENATE. On the passage of the bill incorporating the Derry Bank, the yeas and nays were required by Mr Weeks, and were—

Yeas—Messrs. Parsons, Steele, Burgin, Bartlett, Hoit, Wallace, Woolson, Parker—8.

Nays—Messrs. Plumer. Emerson, Weeks—3.

On motion of Mr Parsons, the Senate insist on their amendment to the bill relating to fire engine and hose companies,

HOUSE. Petitions presented and referred—By Mr Wheeler of N. I. of Charles Barrett and others, for a Bank in New Ipswich; by Mr Clark of L. of selectmen of Landaff and others, to have the west line of Landaff established by a committee.

Mr Webster of B. from the committee on the Judiciary reported the bill regulating process and trials in civil causes with amendments. One amendment went to provide that the officer attaching real estate should leave a copy of his writ and service "at the office of" instead of " with" the town clerk. Mr Field moved to amend the amendment, by adding thereto, " or at the dwelling house of." Messrs. Field and Porter of D. supported the motion, and Mr Webster opposed it, and it did not prevail— 35 for, 112 against it. The amendment proposed by the committee on the Judiciary was opposed by Messrs. Goodall, Thompson, of A. Field, Porter, of D. and supported by Messrs. Webster, Abbot, and Wilcox. Mr Bradley moved that the bill be re-committed, which did not prevail; and the proposed amendment was adopted. Mr Goodall then moved to amend it so as that the dwelling house of the town clerk should, for this purpose, be considered his office. Messrs. Smith, of P. and Bell, of H. opposed the motion; when on motion of Mr Porter, of D. the bill was ordered to lie on the table.

Mr Field called up the motion disannexing Erastus Glidden and another, from Unity, and annexing them to Claremont. And on the question—shall it be ordered to a third reading? Messrs. Neale and Thornton opposed it. Messrs. Field, Richards, of C. and Chamberlain, of F. supported it. 76 rose in the affirmative, and 96 in the negative—so the House refused to give the bill a third reading.

Mr Morse moved that the House hold a night session this afternoon. Messrs. Matson and Emerson opposed it, and it did not prevail.

Mr Coues, from the committee on claims, introduced a bill allowing Ichabod Bartlett $273,60; J. W. Weeks $277,11; Elphalet Hunt $275.59; R. K. Eastman $31; John Bracket $15,50; Charles Baker $3; Wm. Gilman 26; E. H. Meserve $12; Benjamin Hook $4,50; and A.N.Brackett $21,97 ; — read, and on motion of Mr Coues, ordered to lie on the table.

The petition of Lewis Loomis and others, was postponed to the next session, with an order of notice.

The House concurred in the amendment proposed by the Senate to the bill incorporating Derry Bank; and also in the amendments of the Senate to the bill incorporating the Merrimack society for the improvement of martial musick.

Mr Ladd introduced a bill to allow grace on promissory notes and bills of exchange, according to the custom of merchants.

Mr Pillsbury, of H. introduced a bill amending the charter of the New-Hampton Academy.

The Dover Bank had leave to bring in a bill.

On motion of Mr Carr, the Committee on Finance were instructed to inquire into the expediency of taxing the stock of Fire Insurance companies.

On motion of Mr Field, the Clerk was directed to publish the report of the committee on the judiciary, made yesterday, relating to the vacancy in the Senate, in the appendix of the Journal.

On motion of Mr Smith of P. the Governor was requested to appoint some person to preach the next Election Sermon.

Mr Chamberlain of F. submitted a resolution granting to the Female Seminary in Keene one of Carrigain's maps—which was read and ordered to a third reading to-morrow.