The New Hampshire Gazette

N. H. Legislature.

WEDNESDAY, JUNE 12, 1833.

HOUSE.

Petitions presented and referred,

By Mr. Frazier, of Wm. Badcock for the alteration of his name; by Mr. Mooney, of Joseph Ela and others for a Fire Engine Company at Meredith Village; by Mr. Perkins, of U. of Field officers of 16th regiment for the removal of an officer; by Mr. Buswell of L. of John Durkee and others, for a law prohibiting students of College from voting at Hanover, and exempting them from taxation and military duty; by Mr. Rogers, of John Gardner and others, for a more effectual protection against hawkers and pedlers; by Mr. Smith of L. inhabitants of Lempster, for the removal of the Courts from Newport to Claremont.

The Speaker introduced Arthur Livemore as the Representative from Campton, and Ziba Alden as the representative from Lebanon, who having been qualified took their seats.

Mr. French, of Newport, from the committee on Military affairs, to whom was referred a resolution relating to the distribution of the public arms, made a report, whereupon it was

Resolved, That it is not expedient to distribute them.

Mr. Ingalls from the committee on Agriculture, &c. to whom was referred a resolution relating to the improvement and increase of sheep, reported that it is not expedient to legislate upon that subject.

Mr. French, from the select committee to audit the Treasurer's account made a report of the State of the State.

The Committee appointed to audit the account of the Treasurer of this State,

REPORT

That they have carefully examined the following accounts from June 1, 1832, to June 1, 1833.

1. An account of notes and bonds due this State, viz:

A note signed by Moses Foss, Jr. and others, in favor of the Treasurer, dated Octr. 9, 1818,

Due for principal $262 80

A note signed by Stephen P. Webster, in favor of the State of New-Hampshire, dated June 10, 1829, principal $3100 70

$363 50

Discharged by balance due on said notes of

A bond executed by Jasper Elkins and others dated August 1830, for $582 00

Discharged by balance due on said bond $182 00

By general cash account for cash received on said bond, $100 00

$582 00

2. An account of stock in the United States' Funds and New-Hampshire Bank and dividends on same $93,700 57

Discharged by cash received for principal of United States' 3 per cent. stock and interest on the same carried to cash account $67,450 57

By 50 shares in New-Hampshire Bank, and dividends on same $26,250 00

$93,700 57

3. A general cash account embracing the credit.

Balance of cash in the Treasury as found by the Committee on settlement with the Treasurer, June 1, 1832, $7,083 16

Taxes outstanding that time 2,739 49

Cash received of Selectmen of Bristol, Madbury, Boscawen, Brookline, Pembroke, Dublin, and Swanzey, for Military Fines $20 00

Cash received of Land Commissioner, $247 00

Borrowed of Merrimack County Bank $20,000 00

For dividends on shares in New-Hampshire Bank stock $1,250 00

For interest, on United States' 3 per cent, stock from June 1, 1832, to Jan'y 1, 1833 $1,160 06

$32,499 71

Cash received of Ralph Metcalf, Secretary of State, for fees received at his office from June 1831, to June 1832 $315 00

Cash received for principal of United States Stock $6,290 51

Cash of Jasper Elkins endorsed on his bond, $100 00

Amount of State Tax for 1832. $45,000 00

Error. of Pay roll of House of Representatives, Nov. session, in favor of L. W. Stevens $1 51

$144,211 22

Which is accounted for as follows, viz:

Paid Sundry orders for salaries of Governor, Justices of Superior Court, Court of Common Pleas, Judges and Register of Probate, Attorney General, Adjutant General, Commissary General Secretary, Treasurer, And Warden of the State Prison, $15,815

Travel and attendance Rolls of the Council, Senate and House, of Representatives $36,815

Bounties on wolves, bears, wild-cats, foxes and crows $585

Notes given to Merrimack Co. Bank and interest on same $20,000

Cash deposited in Commercial Bank $93,001

Sundry orders drawn by Executive including id in above account, and cash paid Abner P. Stinson for land $6,030

Cash in Treasury $770 94

Outstanding $14,100

14,1

All which are duly vouched and correctly cast and the vouchers together with a copy of the Treasurer's account are herewith exhibited.

AUSTIN CORBIN,

B. B. FRENCH.

LEONARD WILCOX.

PAUL WENTWORTH

The Governor by Message, communicated the report of the Superintendant of the New Prison; the returns of the several Banking Institutions in this State; and the report of the Warden of the State Prison which last was, on motion of Mr. Rogers of Exeter, laid

by reference to the last report, that the balance of debts due the prison, over and above the amount owed, is but a little over one thousand dollars—which makes a very considerable reduction since last year.

In taking the account of stock at this time, we have been governed by the prices fixed upon by your committee, in their appraisal, last fall.

The expense of provisions, it will appear, has been somewhat greater than that of the preceding year, while the profits of the Institution have nearly doubled. The one arose not so much from any additional consumption, as from the great advance in the price of provisions of every kind—the other may be accounted for from the unusually healthy state of the Institution, which, with few exceptions, has enabled the convicts to pursue their labor, with little or no interruption, through the year.

The morals and general order of the prisoners, with the exception of one or two refractory individuals, have never been better, since the present warden has been connected with the Institution: And there is good reason to hope for still further improvement, in these respects, when they shall have been subjected to the improved system of "prison discipline," and removed to the private apartments of the New Prison—which is about ready for their reception;—an account of the expense and general condition of which will be submitted for your consideration at an early day of the session.

The warden will be pardoned for saying in this connection, that he has not been ignorant of the numerous reports, industriously circulated, ever since his appointment, respecting the management of the old prison—and the building of the new. And—lest from the silence of the accused, the public mind should become unfavorably impressed, he would beg leave here, once for all to say that, amid the numerous duties of his appointment, he has found little time or inclination to engage in any verbal or newspaper warfare, which party prejudice, or personal animosity might wage against him. But holding himself accountable to the Honorable Board of Directors and to the higher authorities that constituted them such, he ever has been, and ever will be, ready and happy to exhibit for their inspection, or for that of any committee appointed by them, all his books and accounts; and to enter into any explanation in his power, upon all subjects, connected with the New-Hampshire State Prison.

ABNER P. STINSON, Warden.

Office of the State Prison,

Concord, April 30, 1833:

Afternoon.—Mr. Gove, of Goffstown, by leave introduced the petition of William Hall and others for the repeal of certain laws, and the petition of Joel Stone, Jr. for the incorporation of a Steam Boat Company; referred to Messrs. Gove of G. Moore of Bedford and Lovewell.

Mr. Smith of Rochester, in pursuance of notice introduced a bill to incorporate the Gonick Manufacturing Company, which was twice read and committed.

On motion of Mr. Woodbury, of Antrim, the committee on the Judiciary were instructed to enquire into the expediency of amending or repealing certain laws relating to the frauds and the transfer of personal property by Mortgage.

The Governor by message communicated the report of the commissioners of the literary fund, which was referred to the committee on Education.

Adjourned.

Thursday, June 13.

SENATE.

Mr. Barton gave notice, that he should to-morrow ask leave to introduce a Bill to incorporate the President, Directors and Company of the Mechanic's Bank at Concord.

The Secretary of State introduced Mr. Wild, of Chesterfield, Senator from District No. 9, who took his seat.

Mr. Lovell from the Judiciary committee, to whom was referred so much of His Excellency's Message as relates to a revision of the Constitution, reported the following resolution, which was adopted:

Resolved, by the Senate and House of Representatives in General Court convened, That his Excellency the Governor be, and he hereby is requested to issue his precept to the Selectmen of the several towns and places in this State, directing them to insert an article in the warrant for the next annual town meeting for the choice of State and County officers, to take the sense of the qualified voters on the subject of a convention for a revision of the constitution, and make due return of the same agreeably to the provisions of the constitution.

Mr. Barton was appointed on the part of the Senate to wait on the President of the United States at Boston, with the invitation of the Legislature to visit this State, and Messrs. Lovell and Farrington to the committee to make suitable arrangements for the President's reception.

Adjourned.

HOUSE.

Petitions &c, presented and referred: By Mr. Smith of Rochester, the memorial of Noah Martin, claiming to have been elected representative from Somersworth; by Mr. Knox, the petition of David Austin and others against hawkers and pedlers; by Mr. M'Questen, the petition of David Webster and others for the incorporation of Alewife Fish Company in Manchester.

Mr. French from the committee on military affairs, made a report, whereupon the consideration of sundry bills and resolutions, relating to the distribution and loan of public arms, were indefinitely postponed—and petitioners for arms had leave to withdraw.

Mr. Tebbetts, from the committee on roads, &c. on the petition of John Folsom and others reported a bill to incorporate the Masabesic Canal Company, which was read twice and committed.

Mr. Gove of Goffstown, from the select committee on the petition of J. Stone Jr. and others, reported a bill to incorporate the Merrimack River Steam Boat Company.

Mr. French from the select committee to whom was referred the subject of making arrangements for the contemplated visit of the President of the United States, made a report—whereupon Messrs Gove of Goffstown, Wilcox, of Orford, and French of Newport, were appointed a committee to wait on the President, at Boston, and extend to him the invitation of the Legislature; and resolutions authorizing the Governor to call out a military escort not to exceed eight companies, directing the Quarter Master General to make the necessary provision for their accommodation; also appointing a committee of arrangements, (which was ordered to consist of Messrs, Harvey, Waldron, Livermore, Rogers, Stevens, Smith of Rochester, Kimball, Jenness, Prentiss, Gibson, Colby of Springfield, Crosby, Drake of Centre Harbor, Smith of Dalton, and Currier of Newtown,) and authorizing the Governor to draw on the Treasury for funds to meet the expenses, were, (upon a suspension of the rules of the House for the purpose) read three several times and passed.

Mr Ingalls of Sheburne, introduced a bill, in pursuance of notice. to abolish the office of crier in the Superior Court and the Court of Common Pleas. [The bill requires the sheriff or his deputy to make proclamation when necessary, without extra compensation.]

Mr. Livermore introduced the following resolution:

Resolved, That his Excellency the Governor be requested to communicate to the House any facts in his possession, documentary or otherwise in relation to the insane and blind.

On motion of Mr, M'Gaw, the Committee on the Judiciary were instructed to inquire into the expediency of so amending the laws relating to distributed among the

eral school districts according to their valuation or number of scholars as the several towns may direct.

On motion of Mr. Chase of Conway, the Committee on the Judiciary were instructed to inquire into the expediency of amending the law relating to the assessment of taxes, so that polls may hereafter be rated at $1,30 and lands and buildings at 1-3 of 1 per cent.

Adjourned.

SENATE,

FRIDAY, June 14.

The resolution from the House, relating to the President's visit to this State, and authorizing the Governor to order out a military escort, received three several readings (the rule being dispensed with) and passed.

Mr. Carr was joined to the Committee to wait on the Secretary, Treasurer, and Commissary General, inform them of their election, and receive the customary bonds.

Mr. Barton agreeably to notice given yesterday, introduced a bill to incorporate the President, Directors and Company of the Mechanic's Bank : which was read a first,and second time, and referred to the Committee on Banking Institutions.

HOUSE.—Mr. Porter, from the Com.on bills, on their second reading, reported the resolution for repairing the State House in a new draft, which was twice read, and the blank so filled as to appoint Atkinson Webster the Committee to make the repairs, and ordered to a third reading.

Mr. Fuller, from a select committee, reported that the whole number of votes on the question of a revision of the Constitution was 16,441. of which 4,633 were in favor of a revision, and 11,818 against it.

The resolution from the Senate, requiring the sense of the voters-on the necessity of revising the Constitution to be taken at the next annual meeting, was read, and on motion of Mr. Rogers, ordered to lie on the table.

On the Report of the Committee on the Judiciary by Mr. Gove, it was resolved to be inexpedient to legislate on mortgages and pledges of personal property ; on the alteration of the Probate laws; and on the laws relating to insolvent debtors.

Mr. Rogers gave notice that on Tuesday he will ask leave to introduce. a bill in amendment of the act incorporating the Rockingham Mutual Fire Insurance Company.

Mr. Bruce gave notice that on Tuesday he will ask leave to introduce a bill additional to the acts for the ease and relief of poor debtors.

The bill abolishing the office of Crier was read a second time, Messrs. Gove and Livermore opposed its passage as unnecessary and inexpedient. Mr. Ingalls thought the officer unnecessary, and that the money paid him might be saved to the counties, as the sheriff or his deputies could well enough perform the Crier's duty. He moved that the bill lie on the table, which did not prevail ; and on motion of Mr. French it was referred to the Committee on the Judiciary.

On motion of Mr. Cragin the committee on Education was instructed to inquire into the expediency of establishing an Institution near the central part of the State, on the manual labor system, presenting to all classes the means of obtaining a liberal education, under the patronage of the State, and free from sectarian influence.

Bills and Resolutions introduced and passed Stages :-Authorising the Adjutant General to furnish the Artillery Company in the 4th Regiment a new piece of ordnance in exchange for the old piece belonging to said company, by Mr. French, from the committee on military affairs. Directing the conveyance of State land to Sally Hayes by Mr. Page, from the committee on public lands. Incorporating the Rockingham Farmers Mutual Fire Insurance Company, by Mr. Lamprey, of K. Incorporating the Eagle Manuf. Company in Newmarket. Exempting property of Union Bridge in Holderness from taxation for five years by Mr. Gove, from the committee on the Judiciary.

Afternoon.—On the third reading of the resolution granting a copy of the revised statutes to the representative of Effingham for the year 1829-30 it was moved that it be indefinitely postponed, which motion did not prevail.

Mr. Rogers said that the other members of the Legislature for the year 1829 took to themselves a copy of the laws—whether right or wrong, modest or otherwise, is not for us to decide. He saw no reason why this gentleman should not receive one as well as his brethren, and he hoped the resolution would pass. The yeas and nays were called, and were yeas 103, nays 57; so the resolution passed.

Mr. Sawyer of Dover, submitted a resolution instructing the committee on the Judiciary to inquire into the expediency of empowering constables to serve precepts issuing from the Court of Common Pleas, which did not pass—38 rising in favor and 69 against it.

On report of the Committee on Agriculture, by Mr. Murray of New-Market, it was resolved that it is unnecessary to legislate on the subject of common fields and fences.

Mr. Rogers called up the Message of the Governor transmitting the report of the Warden of the State Prison, and on his motion it was referred to the select committee, who have under consideration the report of the superintendent of the new prison, with instructions to obtain a more detailed report in which the stock accounts and the accounts of expences for overseers and other officers and servants of that institution, shall be stated separately.

Mr. Dupler submitted a resolution contemplating the distribution of the Literary Fund among the several towns in proportion to their number of scholars—which was rejected.