Portland Gazette, And Maine Advertiser

Legislature of Massachusetts.

HOUSE OF REPRESENTATIVES,

WEDNESDAY, Jan. 24.

This being the day appointed for the meeting of the Hon. the General Court, a quorum of both branches assembled.

A joint committee was appointed to wait on his Excellency the Governor; who reported, that his Excellency would meet the two branches in the Representatives Chamber, to-morrow, at 12 o'clock.

A committee was appointed to consider the expediency of repealing, or suspending the operation of an act, entitled "An act for regulating towns," &c. passed at the last session.

A petition from Rowley for a new regulation of the law respecting School Districts—a petition to clear the river between Bridgewater and Middleboro', and to require toll for passing the same—from Milton, for a law to make it obligatory for towns to offer to their inhabitants the Vaccine Inoculation—were committed.

A committee was appointed to consider the expediency of repealing the act passed Nov. 17, 1808, to empower towns to excuse Engine-men from serving as jurors.

A petition from Charlestown, that a law may be passed for the better security of that town from fire, was committed.

A bill for repealing an act entitled "An act for regulating towns," &c. was read twice, and to-morrow, 11 o'clock, assigned for a third reading, and committed in the mean time.

The Senators and Representatives assembled in the Representatives' Chamber, agreeable to appointment, when His Excellency the Governor, attended as usual, entered, and delivered the following

Speech:

Gentlemen of the Senate, and Gentlemen of the House of Representatives,

THE first session of the Legislature is generally and necessarily so short, as to occasion the postponement of much business to the winter, which affords more leisure for patient discussion and just decision.

The various subjects referred to this time, with such others as may be brought forward, will now doubtless receive your candid attention.

Complaints are sometimes apt to arise, that a considerable portion of the legislative labour is devoted to applications of individuals, thence called private business: but when these shall appear to be for the purpose of combining the wealth and industry of our citizens, under the sanction of law, to promote objects which involve the interests of Agriculture, Manufactures and Commerce, and thereby increase the population of the State, the means of industry, and the comforts and conveniences of all, they will be considered as entitled to your mature deliberation: and your patronage will undoubtedly be extended to such as do not interfere with those principles which experience has decided to be salutary to the public weal, nor infringe the unchangeable rules of justice, a strict observance of which is not less necessary to those who seek to amend their condition, than to those who expect security for their rights.

It is understood, that the provisions in the third section of an act for the limitation of certain real actions, and for the equitable settlement of certain claims arising in real actions, have occasioned the satisfactory termination of many vexatious controversies. It may, however, deserve the attention of a wise Legislature, to consider the expediency of making those provisions more effectual, by allowing to the settler a further time for payment of the appraised value, on his giving reasonable security for discharging the same, with the costs of suit, at the discretion of the Court in which the suit may be pending, and that, on giving such security, judgment may be entered for the settler.

Among the subjects of a more general and public nature, none has higher claim to your serious reflections, than the laws relating to the Militia. To a free people, this is, at all times, an interesting concern. In the peculiar and perilous state of our foreign relations, it would be the extreme of delusion to consider war improbable.—the defenceless condition of our extensive frontiers, and the smallness of our naval force, leave no hope of preventing invasion, or of resisting an enemy until landed on our soil. In such an event, our immediate reliance must be on the Militia of the state. To render this, then, to say the least, our first resource for defence, as efficient as possible, is not merely the dictate of prudence, but the imperious call of a necessity imposed by circumstances over which we may have no control.

In the course of the autumn, I attended the review of two brigades, being all the brigade reviews of which I had any knowledge: the first of Gen. Wood's, of the eleventh division, and the other of Gen. Goodale's of the second. The order, regularity and discipline exhibited on these occasions, reflected much honor on the officers and soldiers that composed the brigades.

In the month of September, several persons were committed to prison in the County of Kennebec, on a charge of murder. Shortly after their commitment, apprehensions were entertained, that a dangerous insurrection would be excited for the purpose of obstructing the course of justice, by an attempt to rescue the prisoners. The Justices of the Court of Common Pleas, and the Sheriff of County, with a due regard to the trust devolved upon them from the distance of the Commander in Chief, on the fourth of October, certified to Major-General Sewall, of the eighth division of militia, that it was necessary that a force, consisting of three hundred men, should be instantly raised and called forth, for the suppression of the apprehended insurrection. On which the Major-General detached that number of militia, armed and equipped according to law. Notice of this application, and of the doings of the Major-General, was immediately transmitted to the Commander in Chief, who issued such orders as were authorized by law, and as the exigency of the case required.

Aware of the necessity of ensuring a due administration of the Laws, and not insensible to the duty of rendering the service as little burdensome as possible to the public and to the individuals who were subject to be detached, and presuming on the effect of the good dispositions which were manifested by the citizens in that county, to prevent all obstruction to the regular course of justice, and of the promptitude and alacrity of the militia, in obeying the orders of the Major General, it was thought advisable to direct a detachment of one hundred and fifty men only, with permission to General Sewall, if, on consultation with the Magistrates and Sheriff, half that number should be deemed sufficient to be on actual duty, to relieve the men by turns, or in such way as he might judge proper. The Magistrates and Sheriff having certified to the Major-General that one hundred men would be sufficient for the purpose intended, he permitted all above that number to return home.

So soon as the necessity for a military force ceased, the troops that had been called forth, were released.

All the papers respecting this transaction, will be laid before the Legislature; and it is confidently hoped, that a proper regard to the necessity of rendering the laws supreme, the economy of public money, and of the time and services of individuals, will appear to have guided the conduct of all who were called to act in this unhappy business.

To the officers and men who were detached, great praise is due, for the promptness with which they obeyed the call of their Country; and the order and discipline which they evinced on duty, manifested a just sense of their obligations as Citizens and Soldiers.

An account of the expense incurred on this occasion will be presented, when it will be for the Legislature to make such provision for defraying them, as justice shall require.

While it is a matter of deep regret that any of our countrymen should be so abandoned as to make attempts against the free course of justice, on which the rights of all depend, it must afford great satisfaction to reflect, that the circumstances attending this transaction, were of a nature to deprive such thoughtless men of all hope of success.

Of the duties which the Representatives of a free people have to perform, none can be more pleasant than that of preserving the lives and health of their fellow citizens. Experience in the United States, as well as in Europe, seems to have established the fact, that the Kine Pock is a safe, mild, and complete preventive of that loathsome disease, the Small Pox.

The conduct of the town of Milton, in causing the inoculation of many of their inhabitants with the Kine Pock, and in testing its certainty as a preventive of the Small Pox, appears to have been regulated with so much prudence, wisdom and caution, as to render it worthy of the most publick notoriety. A recital of their doings, which has been communicated to me, shall be transmitted to the Legislature.

In obedience to a resolve of the 20th of June last, proposing an amendment of the Constitution of the United States, respecting Embargo and Suspension of Commerce, a copy of the same was transmitted to the Chief Magistrates of the several States in the Union, with a request that the same might be communicated to the Legislatures of such States. The answers which have been received, will be sent to the Legislature.

At the last session, we had the happiness of mutual congratulation on the prospect of amicable adjustment of our national differences with one of the great belligerents of Europe, and of a revival of our Commerce, so essential to the prosperity of this Commonwealth; subsequent events show our relation to the powers at war to be in a most critical and alarming state.

Although our commercial and foreign concerns are confided to the government of the Union, yet so deeply involved are we in every thing which regards them, that the exercise of all constitutional means, either to prevent the calamities that threaten us, or to prepare to meet them in a becoming manner, is a duty too imperative to be neglected. Having done all in our power, to these ends we may humbly rely on that Divine Providence which has so often and so signally interposed to relieve our country from impending danger, to all human eyes inevitable and overwhelming.

It would be superfluous in me again to recommend candour and prudence in discussion, always necessary to a wise and happy result. Every one must see, that, in the present portentous crisis of our affairs, these qualities, with a disinterested elevation above all party spirit, are indispensable to the safety of our dearest rights and best interests.

The principles which I took the liberty of submitting to your notice the last session, and of avowing as the rule of my conduct, have invariably guided the Executive in the performance of all its duties; and while I have the firmest conviction that they are just in themselves, and that a strict adherence to them in all who administer the government, is necessary to preserve the rights of the people, and the constitution under which we act I can entertain no doubt of their influence in all your deliberations, and that the result of your labours will advance the prosperity of the Citizen, and secure the dignity of the Commonwealth.

C. GORE.

His Excellency, and suite, then retired; and the two Houses separated. [The Governor, on this occasion, was dressed in a full suit of Massachusetts manufactured Broadcloth; from the wool of the Merinos of ELKANAH WATSON Esq. of Pittsfield, in Berkshire, and wove and dressed in that county.

After His Excellency, and the Hon. Council and Senate had retired, the Speech was committed to Messrs. Jackson of B. Bangs, Cutler, of N. Y. Ware of W and Hough of G. to report a suitable address in answer thereto.

A committee was appointed to examine the several laws establishing the Supreme Judicial Court and Courts of Common Pleas, and to consider the propriety of making further provision by law respecting the powers and duty of said Courts.