Public Records of The

Home , Alexander Wolcott, Calvin Willey, Clark Bissell, Connecticut State Senate, Elijah Boardman, Elisha Phelps

The Public Records of the

STATE OF CONNECTICUT FROM 1821 TO 1822 VOLUME XXI Edited in accordance with an Act of The General Assembly

Douglas M. Arnold Editor

Shelby Shapiro Bevi Chagnon Associate Editor Production Consultant

Hartford 2015 Published by The Connecticut State Library

This volume contains a transcription of the positive actions of the General As- sembly of Connecticut during the years 1821 and 1822. The manuscript which forms the core of this volume—and of the entire Public Records series—is the official record of the acts, resolutions, and appointments made by the General Assembly. It is housed at the Connecticut State Library [CSL] in Hartford in Archives Record Group 1. The records of the 1821 session reproduced here can be found on pages 407–561 of Volume 13 of the manuscript; those for 1822 can be found on pages 8–231 of Volume 14. The appendices to each session reproduce selected supplementary documents culled from the records of the executive department at the CSL and from contemporary newspapers. Time constraints did not permit exhaustive research. The footnotes high- light the major activities of the General Assembly, identify some significant themes and developments, indicate where additional primary source materials can be found in manuscript series at the CSL, and provide information about important public figures. Brief biographies usually appear in footnotes on the first appearance of an individual in a major office and other key figures are occasionally identified when appropriate. Cross-references point to matters discussed elsewhere in this and earlier volumes of the series. Since we have not been able to reference all the material in the collection of bills and petitions rejected by the Assembly, researchers are advised to consult the boxes of Rejected Bills at the CSL; the items are arranged by year, and contain much of interest relating to the affairs of towns, churches, schools, turnpike companies, bridge companies, ferries, fisheries, and other entities, as well as individual petitioners. The legislative journals of the House and Senate contain useful information about the timing of legislative bills and appointments. This is the first full volume of the Public Records that has not had the benefit of the fully-indexed manuscript series known as the Connecticut Archives. Hence we have relied on the manuscripts collected in the General Assem- bly Papers, the Executive Journal, and the Governor’s Correspondence, also housed at the CSL. These collections contain materials that would have been included in the Connecticut Archives if that series had been continued past 1820. As in the case of the Rejected Bills, researchers are advised to consult the General Assembly Papers carefully for additional supporting material related to specific legislative matters, including appointments to office, the School Fund, routine militia business, finances of public and private corporations, and requests from aliens, prisoners, and other individuals. The Executive Journal and the Governor’s Correspondence contain useful material about the day-today operations of the executive branch of state government, including the periods when the General Assembly was not in session. These files document, among other matters, Governor Wolcott’s close involvement as commander in iv PREFACE

chief with the affairs of the state militia, his correspondence with federal officials, and his letters of reference and recommendation for individuals. The years covered by this volume witnessed a further reduction in the amount of space contemporary newspapers allotted to the coverage of legislative affairs, no doubt because the issues before the General Assembly were not considered as momentous as those matters of constitutional, ecclesiastical, and fiscal reform which dominated discussions during the preceding four years. Still, the newspapers are an invaluable supplementary source. Our general practice in recent volumes has been to rely on two newspaper versions of the legislative proceedings and debates for each session, one from a paper associated with the Federalist party, the other from a Republican-Tolerationist journal. In 1821 and 1822, however, the newspapers combined their efforts at reportage across party lines, with the result that we have simply selected the two most complete versions, those of the Connecticut Mirror in 1821 and the Connecticut Courant in 1822, both Hartford newspapers which had a traditionally Federalist slant, to provide basic information about proceedings and debates. We have supplemented those accounts with editorials and other opinion pieces from a range of additional newspapers, including the American Mercury and The Times in Hartford and the Connecticut Herald in New Haven, all of which were traditionally Republican or Tolerationist. Researchers interested in specific legislative matters are advised to consult the newspapers themselves, since there is much information we have been unable to include. Finally, a decision was made to conduct no research in manuscripts relating to individual political figures, except for Governor Oliver Wolcott’s formal executive papers at the CSL. We hope that the timely publication of the basic historical documents contained in this volume will compensate for this lack of completeness. Support for this project has come from the Connecticut State Library. Ken- dall F. Wiggin, the State Librarian, made the decision to fund the production, printing, and distribution of the volumes. The funding itself is from the Histori- cal Documents Preservation Fund, administered by the Connecticut State Li- brary through the Office of Public Records Administrator LeAnn Power. Mark Jones, Paul Baran, Allen Ramsey, and Lizette Pelletier of the State Archvist’s Office served as project liaisons. We deeply regret Paul Baran’s untimely death during the time that the volume was being edited. We appreciate the efficient fiscal support of Mark Smith at the CSL and Brian Saczawa at the DAS Busi- ness Office. We are especially indebted to Carolyn Picciano and the staff of the History and Genealogy Unit of the State Library for their expert help in using their collections. In addition, the staff of the Library of Congress provided invaluable assistance. Professor Richard Buel, Jr., Professor Walter Woodward, the Connecticut State Historian, and Professor Christopher Collier, State His- torian Emeritus, reviewed and made key suggestions for the volume’s Intro- duction. Any errors that remain in the volume are, of course, the responsibility PREFACE v

of the volume’s editor-in-chief. Ace Transcription Service of Washington, D.C. achieved an exemplary level of accuracy in the initial document transcriptions. Bevi Chagnon of PubCom, Inc., of Takoma Park, Maryland, provided invaluable design and production services. I especially want to acknowledge Shelby Shapiro for his major contributions to the core editorial tasks of the volume. Finally, I would like to thank my wife Margo for her love and support throughout the project.

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The printed format for acts, resolutions, lists of appointments, and the like follows standards set in previous volumes of this long-established series, as does textual policy. In some instances, noted here, the edition departs from a literal rendition of the text, and the present volume maintains those established practices in the interest of consistency of presentation and cost effectiveness. Thus, the lists of state representatives follow a standard format, with the names of delegates for each town rendered in sequence and with commas and the word “from” silently inserted. Similarly, in the appointment lists for justices of the peace repetitious language has been omitted and names consolidated into single paragraphs. In addition, line spaces inconsistently inserted by the copyist between sections of acts and between resolutions and their attendant preambles have been silently removed. The following points are an expanded version of the textual principles for the presentation of handwritten manuscripts enunciated by Dorothy Lipson in Volume XII of this series and elaborated in practice in Volumes XIII–XX: 1. The original nineteenth-century spelling is retained. Likewise, such idio- syncrasies as the mixing of Roman and Arabic numerals in the numbering of sections in legislative acts are preserved. 2. By a convention of the series, periods and commas are silently added, as appropriate, at the end of sentences, after abbreviations, and for words in a series; they are silently removed after usages such as “2d” and “15th.” Pa- rentheses and quotation marks are silently closed, unless our reading is highly conjectural, when they are bracketed. Quotation marks are kept around names of acts in the text where the copyist included them. On occasion, bracketed punctuation is added for clarity, usually a semicolon or a question mark. Other- wise, the original punctuation is not altered. The most challenging issue in representing manuscript punctuation is the proliferation of indistinct and ambiguous marks within sentences. Recognizing that the use of commas was more generous in this period than in modern practice, we have retained these marks wherever they make grammatical sense; however, we have silently omitted them where it appears that the copyist simply dropped pen to paper without intending a punctuation mark. vi PREFACE

3. Superscripts are lowered and treated as abbreviations; periods are uni- formly inserted, as in “Esqr.,” “Junr.,” etc. 4. Capitalization in early nineteenth-century handwritten manuscripts was inconsistent, although the overall tendency was to capitalize fewer words than in the previous century. Keeping the interests of the reader in mind, we have taken a middle course in our approach to capitalization, while recognizing that it is impossible to render all ambiguities typographically. On the one hand, we wish to maintain the flavor of the original manuscripts, including capitalization style. On the other, we recognize that contemporary nineteenth-century printers tended to use capitals quite sparingly when they published legislative debates, laws, and resolutions in the newspapers and statute books, generally confin- ing them to proper names and titles of organizations, while only occasionally capitalizing other nouns. Given these contemporary precedents, we have attempted to avoid excessive capitalization. However, we recognize that there is a long-term weight of practice in the Public Records favoring capitalization of certain words, particularly in the appointment lists for judges, justices, and militia officers, and for such words as “General Assembly” throughout the text. We have kept these precedents before us when rendering these words. To sum- marize our basic procedures: In the very formulaic sections of the manuscript, particularly the long lists of appointments, we have favored consistency of practice, as has been the case in previous volumes of the Public Records. Thus, we capitalize such terms as “County Court” and “Company of Militia in this State” where there is any possible ambiguity. In practice, this has led to only a few instances in which the local practice of the copyist in discrete sections of the manuscript produced variations. In the other sections of the Public Records, comprised mostly of legislative acts and resolutions, we have allowed for more variation in capitalization. Our basic principles are the following. If a letter is clearly a capital, it is rendered in upper case; if a letter is clearly in lower case, it is left in lower case, even if it is a proper name. The sole exception is the first word in a sentence, which is silently capitalized. Those usages that we consider ambiguous characteristically involve the copyists’ use of a variety of sizes for letters, such as “c” or “s,” which are usually shaped in the same way. In resolving ambiguous usages, our first step has been to take the individual copyist’s practice into account. If we have noted local variations in style within these long manuscripts, we have given these some weight; this was mostly done during the transcription and initial two-person reading of the manuscript. Similarly, if the copyist tended to capitalize nouns, we have followed this precedent in cases of ambiguity. In the many cases that remained uncertain after applying these principles, we have favored the practice of capitalizing only proper names and titles, including the names of specific governmental, ecclesiastical, and military units. General or referential usages of similar words are generally not capitalized in ambiguous PREFACE vii

situations. For example, while the word “Court” in “Supreme Court of Errors” is capitalized if the size is ambiguous, the general or referential use of the word, such as “a court” or “said court,” is not. As this discussion makes clear, it has been impossible to find any one set of rules that fully covers all instances. 5. As in previous volumes, obvious transcription errors and slips of the pen, like the inadvertent repetition of a word, phrase, or passage, have been silently struck. The few interlineations are incorporated silently into the text; the few passages that were crossed out have been indicated by strikethroughs. 6. Following a convention of the series, titles of legislative acts are rendered in boldface and a bracketed reference to the published laws is added immediately following the title. In the year 1821, however, there was no separate publication of the acts in pamphlet form, so we have provided references to the printing in the Connecticut Mirror, which serves as our basic newspaper source for that session. Signature blocks at the end of the acts also follow a standard format. Italics are provided for the titles of newspapers and for introductory phrases such as “Be it Resolved” and “Enacted.” Underlining in the original manuscript is rendered as underlining in the text. 7. An editorial insertion is framed by square brackets. The editorial sic is used with restraint. On occasion, a footnote gives an explanation of a particular textual decision. 8. In this volume, in addition to the usual manuscript material, we have included a few legislative debates drawn from contemporary newspapers. This material is rendered literally as the nineteenth-century printer set it, with no attempt to standardize punctuation, capitalization, italicization, or format.

Douglas M. Arnold Washington, DC June 30, 2015

CONTENTS

PREFACE ...... iii

INTRODUCTION ...... xi

LIST OF ACTS ...... liii

GENERAL ASSEMBLY, MAY 1821 SESSION ...... 1

Appendix: Governor Oliver Wolcott’s Opening Message . . . . . 112

GENERAL ASSEMBLY, MAY 1822 SESSION ...... 135

Appendix: Governor Oliver Wolcott’s Opening Message . . . . . 297

Appendix: House of Representatives Debates on Clerical Taxation . 314

Appendix: House of Representatives Debate on the Steamboat Bill .323

Appendix: Governor Oliver Wolcott’s Veto Message on the Steamboat Bill ...... 328

BIBLIOGRAPHIC NOTES ...... 339

INDEX ...... 345

INTRODUCTION

Douglas M. Arnold and Shelby Shapiro

The years covered by the current volume of the Public Records differed markedly from the preceding period. The actions of the Connecticut General As- sembly in 1821 and 1822 had a routine flavor constrasting sharply with the atmosphere of crisis, confrontation, and change which characterized the six years following the War of 1812. The old Federalist “Standing Order” had fallen to the Reform or Toleration movement, a coalition of old Jeffersonian Republicans, religious dissenters, and disaffected Federalist moderates. The Reformers placed Oliver Wolcott, Jr., in the governorship in 1817. They took control of the House of Representatives at the same time and captured the Up- per House in 1818. This political triumph led to the writing of a new state constitution and religious “disestablishment” (effectively, the end of public funding for individual religious congregations) in 1818, the adoption of a new taxation system in 1819–1820, and the enactment of a policy of fiscal retrenchment during the same years. These policies grew not only from old Jeffersonian priorities but also from new political realities: the antiwar and state-separatist stances of the Federalists had been undermined by U.S. success in the War of 1812, and the economic downturn following the Panic of 1819 gave urgency to traditional Jeffersonian emphases on fiscal austerity. On the surface Connecticut’s public life was placid in 1821 and 1822. This matched conditions in the nation; in terms of actual governmental accomplishments on the national level, these years were among the least impressive of the entire nineteenth century. The Missouri crisis, the focus of some legislative attention in Connecticut during 1820, came to a national conclusion in the “Second Missouri Compromise” of 1821, but without any further action by the Connecticut General Assembly, which had registered its opinion in 1820.1 Slavery as an issue in national politics had been put on hold by the compro- mises. However, its potential to unsettle public life remained, with rising antislavery sentiments in the northern states and the threat of possible slave rebel- lion underlined by alarm over an apparent uprising planned by Denmark Vesey in South Carolina in 1822. U.S. President James Monroe of Virginia had been re-elected in 1820 without opposition. Although on the surface his victory signified the complete national dominance of the Jeffersonian Republicans, growing disaffection among members of the party with the adaptations that national leaders had made to Federalist policy after the War of 1812 would soon lead to schisms. In the run-up to the presidential election of 1824, multiple candidates

1. See S.R., XX, lv–lviii, 307–8. Full titles for short citations used in the annotations can be found in the Bibliographic Notes below, pp. 339–44. xii INTRODUCTION

from different Republican camps vied for the nomination; by then, the seeds had been planted for major partisan battles between Jacksonian Democrats and National Republicans during the later 1820s.2 Of more immediate impact in Connecticut was the economic depression or recession, documented in the preceding volume of the Public Records.3 Al- though the downturn did not have as devastating an impact in Connecticut as in other parts of the United States, it did affect many aspects of public life. Political leaders acknowledged its continuing impact. President Monroe, in his second inaugural address in 1821, noted “the present depression of prices, affecting all the productions of the country and every branch of industry.” Gov- ernor Wolcott, in his message opening the 1821 legislative session, drew the legislators’ attention to the “national distresses,” which he thought resulted from defects in the country’s financial system. “The low rate of interest & the decreasing value of labour,” he continued, “are sure signs of the stagnation of every kind of active employment.”4 The depression reached its bottom in 1821. Evidence of this was the General Assembly’s incorporation of only one new business that year, the Hartford Brewing Company. However, by the next year, with the economy improving, a number of new manufacturing enterprises were incorporated. Historians have noted 1822 as the time when the long-term economic difficulties following the conclusion of the War of 1812 abated and economic expansion once again took off.5 But the downturn had lingering effects in the state and the nation, increasing hostility to banks among some segments of the political public, reinforcing old Jeffersonian penchants for frugality in government, and sustaining basic questions about the future direction of the American political economy. One area in which those questions played out was the role of government in the promotion of economic development. This issue gained added impetus from major economic changes during the era, variously characterized by historians as the “market revolution,” the “transportation revolution,” or the “communications revolution.”6 A number of developments led to the emergence of a truly national economy in the years after the War of 1812. These included the opening up the American west for settlement and commercial expansion;

2. For the national context, see Johnson, Early American Republic, pp. 106, 147–48; Danger- field, American Nationalism, pp. 139, 141–44; Cunningham, Presidency of Monroe, pp. 106–7, 109–10, Howe, What Hath God Wrought, pp. 160–3, 203–5; Wilentz, American Democracy, pp. 236–40; S.R., XX, liv–lv. 3. S.R., XX, xxv–xxxi. 4. Remini and Golway, eds., Fellow Citzens: Presidential Addresses, p. 66; below, p. 116. 5. Larson, Market Revolution, p. 45; Howe, What Hath God Wrought, p. 143. 6. For general treatments, see Taylor, Transportation Revolution; Dangerfield, American Na- tionalism, pp. 195–99; Howe, What Hath God Wrought; Larson, Market Revolution; and Charles G. Sellers, The Market Revolution: Jacksonian America, 1815–1846 (New York and Oxford, 1991). INTRODUCTION xiii

the development of new forms of transportation, beginning with turnpikes and then extending to steamboats, canals, and, eventually, railroads; the expansion of networks of communication, including newspapers and the services of the United State Post Office; the growth of banking and other financial institutions; and the expansion of manufacturing in many parts of the country. The agricultural hinterlands became more closely tied to rising urban areas through trade and commerce; the geographical sections of the country became more interdependent economically. What role should government play in promoting further economic growth, which appeared to be the destiny of the rising American republic? The economic benefits of projects such as New York’s Erie Canal, financed with significant state support, were evident. Other states also became involved in promoting transportation improvements, as evidenced by the rapid expansion of the canal system and steam transportation on rivers and bays. Connecticut’s involvement in this process is evident in a variety of ways,7 but there were tensions and quandaries about the issue on both the national and state lev- els. Although Republican administrations in Washington after 1815 had many times advocated increased governmental involvement in internal development for the public good, many in Congress opposed that position, often from an old Jeffersonian perspective. Presidents James Madison and James Monroe, both supporters in principle of internal improvements, vetoed specific Con- gressional bills to provide federal funding. In doing so, they cited constitutional scruples and recommended an amendment to unambiguously give the federal government power to act. For example, Monroe, in his 1822 veto of a bill authorizing repairs on the National Road running west from Maryland, contended that the Constitution did not give the federal government power over roads within the states. Continuing hesitation, ambiguity, and reluctance to amend the Constitution over the issue left the matter unresolved and national action inconsistent and sporadic.8

7. The state’s first turnpike incorporations were in the 1790s and had continued apace ever since: Wood, Turnpikes, 331ff. Steam navigation caught the attention of the General Assembly as early as 1814, had been the subject of a number of legislative actions since then, and was currently the focus of controversy with New York State; see, for example, S.R., XVII, 138, 138n, 403–4, 404n; XIX, lii, 66–67, 66–67n, 399–401, 399n; XX, xxiii–xxv, xxiv(n), 78–79, 79n, 120–21, 120n; below, pp. xxvi–xxviii, 210–11, 210n. For the 1822 canal incorporations, see below, pp. xxix–xxxi, 244–61, 244–45n, 253n. For a recent scholarly treatment, see DeLuca, Post Roads & Iron Horses. 8. Dangerfield, American Nationalism, 199–200; Shaw, Canals for a Nation, pp. 18–29; Cunningham, Presidency of Monroe, pp. 165–67; Howe, What Hath God Wrought, pp. 87–89, 212–13; Johnson, Early American Republic, p. 140–41. For an extended treatment of governmental involvement in economic development, see John L. Larson, Internal Improvement: National Public Works and the Promise of Popular Government in the Early United States (Chapel Hill and London, 2001). xiv INTRODUCTION

In a similar vein, Governor Wolcott presented various plans for economic, legal, and governmental improvements in his annual messages to Connecti- cut’s General Assembly,9 but many of them foundered for lack of interest or conviction on the part of the legislators. In this regard, the priorities of the governor and the legislative majority were in conflict. Wolcott, a former Fed- eralist and U.S. secretary of the treasury in the late 1790s, had been reared on Alexander Hamilton’s concept of governmental stewardship of the economy and had allied with the economically activist stance of the national administration following the War of 1812. The dominant Republican coalition in Con- necticut, however, drew many of its positions from old Jeffersonian principles, which represented a reaction against Hamiltonian Federalism. A resurgence of those principles, combined with the effects of the Panic and depression, led the Assembly to enact a program of economizing, documented in the previous volume of this series.10 These factors made it unlikely that the legislature would support any of the governor’s recommendations involving additional expense to the state. The push toward economizing was dramatically demonstrated by the resolutions printed below, which urged the state’s Congressional delegation “to use their influence to procure the adoption of a general system of œconomy, and retrenchment in the public expenditures,” specifically, a reduction in congressional salaries.11 Some of the same spirit had been manifested in Congress itself, which dramatically cut the authorized size of the U.S. army in a March 1821 act; funding for military fortifications was also reduced. Although these reductions were largely motivated by the decreased military threats to the nation following the negotiation of a major treaty with Spain in 1819, contempo- raries, including secretary of state John Quincy Adams, also noted the current “passion for retrenchment” and the savings which had been obtained.12 In Connecticut, the relationship between the governor and the legislature reflected a long-standing dynamic. It is doubtful that Wolcott, although elected governor by a Reform coalition which included a strong contingent of old Jef- fersonians, ever considered himself the leader of the Republican party in the state. His Federalist background, experience in the national administration, years as a merchant and banker in New York City, and support for the national Republican administration during the War of 1812 gave him a perspective transcending the ordinary concerns of Connecticut politics. His approach was detached and Olympian; he portrayed himself as an impartial statesman, above the party conflicts of the period. On the most important issues of the day Wolcott would prepare detailed and closely reasoned state papers outlining his perspectives and proposals, which characteristically involved the extension

9. See below, pp. 115–20, 297–310. 10. S.R., XX, xlvii–li. 11. Below, pp. 65–66, 65–66n. 12. Cunningham, Presidency of Monroe, pp. 110–12; Adams quoted on p. 110. INTRODUCTION xv

of reform efforts into the modernization of the state’s economy. In practice, the legislators would take the governor’s ideas under consideration but would incorporate only some of them, reject others, and substitute priorities of their own. This pattern had played out most significantly when Wolcott presented his own draft of a state constitution for consideration by the 1818 constitutional convention and in 1819, when he drew up an elaborate plan for tax reform. In both cases, a number of his ideas were utilized, but in neither case was the final result exactly as he envisaged it.13 This pattern continued with Wolcott’s annual policy recommendations to the state legislature, and there is no evidence dem- onstrating that he was willing to engage in the kind of party leadership and political log-rolling necessary to enact his overall program.14 A similar dynamic was evident in his use of the weak veto power under the Constitution of 1818. He had exercised this option twice in 1819 and 1820, only to have his actions constitutionally overruled by simple majorities in the two legislative houses. In 1822 he accompanied his rejection of a retaliatory act against the New York steamboat monopoly with an impressive, lengthy, and tightly-argued analysis of the constitutional issues involved, only to have the legislature again quickly overturn his veto.15 This pattern continued throughout his governorship. Partisan politics had also reached a form of stasis. The intense political struggle between Reformers and Federalists had reached its height in 1818, when the Reformers succeeded in establishing a new constitutional system, but it had continued unabated into 1819, when the Reformers established new arrangements for taxation. As documented in the last volume of this series, partisan competition in 1819 featured intense political polarization. By the next year, however, dynamics began to change. The Reformers managed to enact one of the remaining features of their program, fiscal retrenchment, but this issue did not stir political passions like the others; after all, both Federalists and Republicans had long voiced public commitment to frugal government. The dampening of party conflict became evident in the spring election of 1820, in which the Federalists, suffering from a string of political defeats since 1817, dropped their historic opposition to the national Republican administration and focused their efforts in Connecticut on an unsuccessful “fusion” slate of nominees for the state Senate rather than on the executive offices of state government, which continued to be dominated by Reform and Republican candidates. The failure of this “Union,” ticket, partially designed to entice old Republi- cans away from the Reformers, helped usher in several years of political qui- escence by the Federalists; the party again made no state-wide nominations for

13. S.R., XIX, xxix, xxix(n); XX, xxxviii–xxxix, 144–63. 14. Assessments of Wolcott’s background, political and economic program, and leadership style can be found in S.R., XX, xiii, xv; Van Dusen, Connecticut, pp. 205–6; Morse, Neglected Period, pp. 26–27; ANB, XXIII, 732–34; and Hamilton, “Oliver Wolcott,” ch. VII. 15. S.R., XX, xviii, lii, 53, 53n, 238, 238n; below, pp. xxvi–xxviii and the references there. xvi INTRODUCTION

executive offices in 1821 and 1822 and declined to repeat the failed experiment with fusion tactics, leaving the state solidly in the hands of their opponents. As historian Alan Brownsword, the most thorough scholar of this period, has noted, the Federalists no longer operated as a true state-wide party. Although they maintained a foothold in a number of towns and consequently sent a “sizeable minority” of delegates to the House of Representatives each year, Connecticut had effectively become a “one-party state.” This did not mean that the Feder- alists wholly accepted their political fate. Many adopted a stance of watchful waiting, fortified by the idea that they still represented much of Connecticut’s political talent, wisdom, and experience, and hopeful that the voters would find reason to turn away from their opponents, many of whom they still considered to be second-rate “upstarts” who had wrongfully displaced their social betters.16 With the Federalists sidelined and the Reformers and Republicans in command, the primary political dynamic in the state became a thinly-veiled competition between segments of the governing coalition. Factionalism in the state mirrored the growing splits between Republican leaders at the national level which developed in the build-up to the presidential election of 1824. One- party dominance in both arenas fostered political apathy and created a climate where personal and intra-party rivalries took precedence over policy disputes; in Connecticut, this was exacerbated by the increased power of county cau- cuses in formulating nominations for political office. Brownsword is again the surest guide to these developments, and he describes a number of conflicts over nominations to elective and appointive office that roiled Connecticut’s public life in 1821 and 1822, despite continued stress by party leaders and editorial writers on the need to maintain Republican unity. One faction, most vocally represented by John M. Niles, editor of The Times in Hartford, called for adherence to Republican principles, criticizing the election and appointment to office of insincere ex-Federalists who had joined the Reform coalition for reasons of expediency in the years after 1815; Niles also criticized those members of the governing coalition who supported those appointment policies and called for a stricter enforcement of the principle of rota- tion in office to bring in more new men. Elisha and Charles Babcock, owners of Hartford’s American Mercury, however, defended the traditional coalition tactics developed by the Reformers, urging unity to prevent Federalist resurgence. The desire of “true” Republicans for more access to public office was given substance by the presence of both recent “converts” from Federalism and “unregenerate” Federalists in positions of importance; the most obvious examples of the latter being state secretary Thomas Day, School Fund commissioner James Hillhouse, and the former chief judge of the Superior Court, Zephaniah

16. This and the preceding paragraph are based on S.R., XX, xii–xv, xlv–xlvii; Brownsword, “Political Patterns,” pp. 150–54. For the elections of 1821 and 1822, see below, pp. xvii–xviii, xxiv. INTRODUCTION xvii

Swift, now serving in the House of Representatives, who played the central role in the important revision of the state statute book in 1821. Small intraparty conflicts in Fairfield, New Haven, and Middlesex counties were overshadowed by a dispute in 1820–21 over an unsuccessful attempt to elevate Calvin Willey, who had been part of Federalists’ Union ticket in 1820 and hence persona non grata to many Republicans, to one of the state’s Congressional seats, and a fu- tile challenge by Republican Henry Seymour for Day’s position as secretary in 1822–23.17 Such factional disputes continued throughout the one-party period of the 1820s.

The Legislative Session of 1821

The spring election in 1821 attested to these trends. Although the Republicans made standard partisan appeals in their messages accompanying the nomination slate, proposed by the party caucus in the spring of the preceding year, they had a routine flavor, as noted by Alan Brownsword. Those appeals featured re- minders of the accomplishments of the Reform coalition in the previous years, owing to the efforts of a “republican legislature,” and calls for vigilance in case of a possible Federalist resurgence.18 Despite these appeals, and as historian Jarvis Morse has pointed out, electoral interest declined dramatically. In 1819 there were 25,975 votes for governor; the number dropped to 20,071 in 1820 and plummeted to 11,618 in 1821 and 10,016 in 1822.19 The Republican American Mercury attributed the result to a “feeble opposition” by the Federal- ists. The Reformers elected their entire slate of senatorial candidates, although one, Samuel A. Foot, decided to serve in the House of Representatives instead of the Senate, reducing Senate membership to eleven; the Republicans also maintained a solid majority in the House itself.20 The election of delegates to the U.S. House of Representatives was marked not only by the controversy

17. Brownsword,“Political Patterns,” pp. 156–72; below, pp. xviii, xxiv. For the politics of appointment in 1819 and 1820, see S.R., XX, xv, xvi, xlvi; as in previous years, disputes over the appointment of specific individuals to office took up much space in the newspaper accounts of legislative debates. While Seymour’s challenge to Day indicated that the state secretaryship was seen in partisan terms by some, it did not inspire the level of contention that the state treasury had in 1818, when the Reformers replaced Federalist Andrew Kingsbury with old Republican Isaac Spencer: S.R, XIX, xvi. 18. Brownsword, “Political Patterns,” pp. 154–55. The address “To the Electors of Connecti- cut” (Register, Mar. 13, 1821), from which the quotation is taken, provides a concise statement of the Republicans’ view of their accomplishments in the realms of religious policy, electoral suffrage, taxation policy, militia policy, school funding, and fiscal economizing. See also editorial column, Times, Mar. 20, 1821. 19. Morse, Neglected Period, pp. 51–52, 52n; S.R., XX, 6, 195; below, p. 6, 139. 20. Below, pp. 1n, 2n; editorial column, Mercury, Apr. 24, 1821. xviii INTRODUCTION

over Calvin Willey’s nomination, but by the exit of four congressmen, two of whom had taken unpopular stances on the Missouri Compromise.21 At the opening of the session, Governor Wolcott, despite alluding to the “national [economic] distresses” which continued in the aftermath of the recession, expressed optimism about the political, social and economic future of the country, echoing positions taken by U.S. president James Monroe in his second inaugural address. The governor also called for increased attention to promoting agriculture and industry. Although he did not recommend any appropriations from regular state funds for this purpose, Wolcott advocated a special excise on retailers of distilled spirits, with the proceeds to go toward “the encouragement of internal improvements.” He also recommended some specific changes in the militia system, poor relief, and the state’s prison system; the bulk of his message was devoted, however, to a close analysis of the constitutional status of the Bank of the United States, spurred by punitive actions against it by Ohio.22 Assessing the legislative session itself, Federalist commentators observed that “considerable important business” had been transacted. The session was “on the whole, . . . harmonious,” but disagreements had taken place between the Tolerationist and Old Republican wings of the majority coalition, largely over appointments to office.23 As usual, the Assembly devoted time to fine-tuning the state’s legal and administrative system. Actions taken at the session adjusted the times and places of holding sessions of the supreme, superior, and county courts; established new arrangements for the appointment and tenure of state attorneys; expanded the jurisdictions of justices of the peace in civil cases; and refined administrative procedures for writs on duties.24 The Assembly also made adjustments for courts in specific locales, as it did at all sessions, sometimes as the result of the creation of new towns. In addition, the legislators established new rates of mileage for themselves to attend sessions of the Assembly.25 Probably the most significant accomplishment of the 1821 session was the completion of a major revision of the state statute book; the Times described it as “the principal business of the session.”26 The last full compendium had been published in 1808; since then the Assembly had simply printed the laws session-by-session in a series labelled “Book II” of the 1808 revision.27 By 1819,

21. Brownsword, “Political Patterns,” pp. 166–9; below, p. 9n. 22. For Wolcott’s message, see below, pp. 112–33; for the Bank issue, see below, pp. xxxvi– xxxvii. See also Morse, Neglected Period, p. 52. 23. Editorial columns, Mirror, June 11, 1821; Courant, June 12, 1821. 24. Below, pp. 48–51, 48n, 50n, 51n.. 25. Below, pp. 68–72, 68n. 26. Times, June 19, 1821. 27. These publications have been used extensively in the annotation of previous volumes in this series as Stat. Conn., 1808, and Stat. Conn., II. We have found no evidence that “Book II” was ever actually collected into a single volume. INTRODUCTION xix

the state’s leaders recognized that the constitutional changes of the previous year necessitated many alterations in the standing statutes. Following a recommendation by Governor Wolcott in 1819, these changes went through several stages. First, the Assembly passed a major law in 1820 altering those sections of the statutes most obviously in conflict with the new constitutional arrangements. Second, it directed a committee consisting of state secretary Thomas Day, who had helped draft the 1808 revision, attorney Lemuel Whitman, subsequently elected to the state Senate in 1822, and former chief judge Zephaniah Swift, now a member of the House of Representatives, to thoroughly revise and reorganize the statutes, “with such alterations, additions, exclusions and amendments as they may think proper.”28 At the opening of the 1821 session, the governor again drew the legislators’ attention to the statutes, urging them to balance what was excellent in the old laws, which were “among the most wise memorials of republican government existing among mankind” with the need to include amendments “which have obtained the sanction of experience.”29 The committee brought in revised statutes early in the 1821 session; the matter was under consideration throughout. Although it is clear from the journals of the House, the Senate, and the governor and from accounts in the newspapers that much time was spent considering the revisions, there appears to have been little partisan controversy; this was probably the result of the inclu- sion of two Federalists, Day and Swift, along with the Republican Whitman, on the committee of revision.30 In addition, Swift’s reputation as the state’s leading legal authority undoubtedly assured bipartisan support. After thorough consideration by the legislators and the governor, the Assembly passed the act below, confirming the revised statutes as the law of the state, repealing all previous statutes, guaranteeing the rights of corporate bodies and individuals, and confirming the continuity of laws that remained “substantially the same” despite differences in wording.31 The Assembly adopted a series of resolutions providing for the printing, proofreading, and distribution of the new statute book, as well as compensation for the three committee members; the legislators also directed the committee to incorporate the acts passed at the 1821 session into the volume.32 The revised statutes went into effect on January 1,

28. For an account of these developments, see S.R, XX, xxi–xxii; the 1820 law and the committee appointment are in ibid., pp. 273–76, 273–74n, 305. 29. Below, p. 112. In his 1822 message, Wolcott emphasized that although the statute book might appear to be a “new work,” it was actually based on “the most ancient regulations of the Founders of New England.” Below, p. 297. 30. In a demonstration of bipartisanship, the arch-Republican Times (June 19, 1821), lauded Day, Whitman, and Swift for accomplishing the revision with great accuracy and efficiency. 31. Below, pp. 59–60, 59n, which contain additional information about the Assembly’s consideration of the revised statutes. 32. Below, pp. 66–68, 66n. An 1821 petition from the publishers of the Times illustrates the rivalries among the state’s printers for the Assembly’s publishing business: Rejected Bills, Box 6, xx INTRODUCTION

1822. Later that year the Assembly took some further actions on the statutes, adopting a few corrections in wording, providing for distribution to additional parties, and approving additional payments to the three drafting committee members.33 Finally, they authorized a new printing, incorporating revisions and the acts passed in 1822, but we have found no evidence that a new edition was issued until 1824.34 It is not possible to undertake a thorough analysis of the 1821 statute book, but several matters are worthy of comment. The drafting committee followed up the extensive legislative revision of the taxation system in 1819 and 1820 by combining two sections on the assessment and collection of taxes, which were separated by 86 pages in the 1808 compilation, into a single title with two chapters.35 In what was apparently one of the few extended debates on specific sections of the statute book, the legislators rejected an amendment to the title on civil actions that would have prohibited courts from granting a retrial “on the ground that the verdict of the jury is against the evidence given in the cause.”36 In the same title, the Assembly added language extending the jurisdiction of justices of the peace to cases involving claims of $35 or less.37 And, in a demonstration that the statutes were constantly evolving, the legislature in 1822 replaced the entire 1821 title on the inspection of provisions with a new act.38 Finally, The American Mercury attributed the relative paucity of acts passed during the 1821 session to the fact that “most of the amendments of former laws” at that session “are incorporated into the code of revised laws.”39

1821–1824, folder 6, 1822, item 68. See also House Proceedings and Debates of May 24, 1821: Mirror, May 28, 1821 33. Below, pp. 213, 213n, 215–16, 215–16n. 34. Below, pp. 217, 217n. 35. Stat. Conn., 1808, pp. 462–74, 560–73; Stat. Conn., 1821, pp. 444–56. 36. Representative Seth P. Beers of Litchfield proposed the amendment on May 9, arguing that allowing courts to negate juries’ findings of fact had the effect of “destroy[ing] the right of trial by jury.” He was opposed most vigorously by Zephaniah Swift, who defended the courts’ power to correct juries’ errors. The amendment passed the House, but was rejected by the Senate, with the House eventually concurring. The newspapers also reported an unsuccessful attempt by Samuel A. Foot to delete a section of the title that would have disqualified a person from jury service for a second offense of discussing a case outside of the jury. House Debates and Proceedings of May 7, 9, 23, 31, 1821: Mirror, May 21, 28, June 4, 1821; “Remarks on the Proceedings of the Late General Assembly,” Courant, July 24, 1821; Stat. Conn., 1821, p. 50. Two unsuccessful bills about jurors’ compensation were also under consideration during the years covered by this volume. Rejected Bills, Box 5, 1818–1821, folder 18, 1821, items 59, 61. 37. House Proceedings of May 8, 9, 25, 28, 1821: Mirror, May 14, 21, June 4, 1821; Stat. Conn., 1821, p. 41. 38. Below, pp. 181–89, 181–82n.. 39. Editorial column, Mercury, June 12, 1821. In this regard, a commentator in the Federalist Courant did opine that although the state legal code was undoubtedly “much improved,” the drafting committee might have exceeded its authority in introducing certain unspecified constructions. “Remarks on the Proceedings of the Late General Assembly,” Courant, June 19, 1821. INTRODUCTION xxi

This indicates that the statute book contains many alterations in wording and some in substance that were implemented with little dispute or commentary during the legislative proceedings.40 It is notable that the adoption of the new statute book was followed in 1822 by the publication of the first volume of Zephaniah Swift’s Digest of the Laws of the State of Connecticut, which Swift conceived as a revision and enlargement, benefiting from his eighteen years as chief judge, of his classic System of the Laws of the State of Connecticut (1795–96).41 Swift died in 1823, presumably secure in the knowledge that he had contributed mightily to the development of American law as a practicing lawyer and judge, compiler of the 1821 statutes, and author of some of the nation’s most important early legal treatises. In addition to measures actually passed by the Assembly, the legislators also considered a number of proposals about governmental organization which did not gather sufficient support; some of these were related to unsuccessful bills at previous sessions. One persistent idea was districting the state for the election of state senators, as outlined in the previous volume of this series. In 1821 and 1822 the Assembly had under consideration new proposals to amend the state constitution to district state senatorial elections; in 1822 they considered a closely-related bill to district the state for the election of members of the U.S. Congress. Discussions in the state House of Representatives and the newspapers did not always follow strictly partisan lines, as in earlier years, but did include much partisan bickering, particularly about alleged inconsistencies over time in attitudes toward the merits of the current system of at-large elections and the benefits of districting. Legislators and newspaper editors debated such issues as the number of senators, the size of districts, and the possible coupling of senatorial districting with a reduction of the size of the state House of Representatives. Connecticut eventually districted state senatorial elections in 1828 and Congressional elections in 1842.42

40. Governor Wolcott noted one of those changes in his message to the 1820 session, below, pp. 302 41. Swift, Digest of the Laws, I, 3–4; ANB under Swift. The Herald (July 23, 30, 1822) published a lengthy review of the Digest. 42. S.R., XX, xvii, xvii(n), xx, xx(n). For the 1821–1822 senatorial districting resolutions, see House Proceedings and Debates, May 14, 31, June 4, 1821, May 29, 30, 1822: Mirror, May 21, June 4, 11, 1821; Courant, June 4, 1822. For the 1822 resolution on Congressional districting, see House Proceedings and Debates, May 23, 24, 25, 29, 1822: Courant, May 28, June 4,1822; editorial columns, Courant, Mar. 19, June 4, 1822 ; Mercury, June 3, 1822; Times, May 28, 1822; Herald, June 4, 1822. Researchers might wish to consult the roll call vote printed in the Courant, June 4, 1822. Also concerning issues of governmental organization, the legislators debated unsuccessful bills at the 1821 session related to the compensation and bonds of sheriffs and constables: House Proceedings and Debates of May 7, 29, June 1, 4, 1821: Mirror, May 14, June 4, 11, 1821. They also rejected a bill appointing a committee to investigate the expense of building a new state house in New Haven: Rejected Bills, Box 6, 1821–1824, folder 1, 1821, item 34. xxii INTRODUCTION

The legislators also considered the interrelated issues of separation of governmental powers and plural office-holding. The Constitution of 1818 had instituted (Article Second) a strict separation of powers between the legislative, executive, and judicial branches, including a “separate magistracy” for each department. Another provision (Article Tenth, Section 4) had prohibited a number of state officers from sitting in the General Assembly, including judges of Connecticut’s high courts. This did not go far enough for some, and the Assembly in 1821 discussed a bill to prohibit state senators from serving as county court judges or judges of probate. Elisha Tracy of Norwich was the staunchest advocate of this proposal, harkening back in debate to perceived evils of plural office-holding under the “Standing Order” before 1818, when Republicans accused Federalists of monopolizing appointive offices, but with a different dynamic now that the Reformers controlled the major state offices. Tracy made cogent arguments in favor of a wide distribution of offices under a republican government and for the incompatibility of being a legislator and judge at the same time: “one is a maker of laws and the other an expounder of the laws, and they ought not to be united.” At the distance of two centuries his arguments seem more powerful than those of his opponents, who argued that the provision would be unconstitutional and an improper infringement on the privileges of the Senate by the House. However, the bill was indefinitely postponed and no action was taken during the years under consideration.43 Matters relating to the legislative, executive, and judicial departments were not the only the only issues of governmental organization under consideration. In his message opening the legislative session, Governor Wolcott drew attention to Connecticut’s militia. The last major act on military organization had been passed in 1815, and since then the Assembly had adjusted arrangements on various occasions. The most recent action was at the May 1820 session, when the governor as “captain general” or commander-in-chief was directed to reorganize, consolidate, and reduce military units; in particular, the legislators directed him to reduce the cavalry to four regiments and annex the cavalry and rifle units to the infantry regiments. In 1821 Wolcott reported that he had carried out the reorganization of the cavalry and riflemen, but that this had made the size of the infantry regiments “more unequal than was desirable.” The act below of May 1821 might have been a response to this concern. It repealed a

43. Rejected Bills, Box 5, 1818–1821, folder 18, 1821, item 60; House Proceedings and De- bates of May 8, 14, 23, 1821: Mirror, May 14, 21, 28, 1821; “Remarks on the Proceedings of the Late General Assembly,” Courant, July 24, 1821. The rich and extended debate of May 8 deserves additional analysis, which is not possible here. Newspaper commentators continued the debate in 1822: “The Observer,” No. VI, and editorial column, Times, Mar. 19, 26, 1822; “An Elector,” Courant, Mar. 26, 1822. The legislators also had under consideration proposals to divide the state into judicial districts, but were unable to devise an acceptable plan: see House Proceedings of May 28, 1822: Courant, June 4, 1822; “An Elector,” Times, May 8, 1821. INTRODUCTION xxiii

section of the 1820 act, restoring the five cavalry regiments that existed previously, but still providing for their annexation to the infantry.44 The governor also noted in his message that Congress, in acts of May 1820 and March 1821, had extended to the militia the system of discipline and exercise developed by Gen- eral Winfield Scott for the regular army; this superseded the Revolutionary-era system devised by Baron Von Steuben and incorporated into the comprehensive U.S. militia act in 1792. Wolcott observed that the state had received the U.S. regulations for the infantry, but nothing for the artillery or riflemen, and observed that Connecticut’s 1820 act, which contained some brief provisions for exercise and review, might therefore require further revision. The immediate result was the a resolution in May 1821 to devise a system of exercise for the light artillery, horse artillery, and riflemen, and to advise on what alterations should be made to the regulations for the infantry. The final outcome was the Assem- bly’s 1822 adoption of two manuals by Pierce Darrow, a lieutenant colonel in Connecticut’s 20th infantry regiment, for the state militia.45 The governor also sent a special message to the Assembly recommending the substitution of field artillery pieces from the federal government for the muskets specified in Congressional legislation. Wolcott had already raised this possibility in correspondence with the U.S. Ordnance Department, which had accepted his proposal; the legislative committee on military affairs observed that the arrangement would “greatly promote the interests of the militia, particularly that efficient & valuable corps in our service the Horse Artillery,” and was approved by the Assembly at the 1821 session.46 Other military matters before the Assembly included questions of specific exemptions from militia service and whether the adjutant general should be appointed by the legislature or elected by the people.47 However, none of this rose to the level of major

44. For the message, see below, pp. 112–13. The 1815 act is in S.R., XVII, 441–65, 441–42n; the 1820 act can be found in S.R., XX, 300–1, 300n; and the 1821 act is below, pp. 52, 52n. Military affairs were the primary matter of the governor’s attention during the months when the legislature did not sit: see Executive Journal, 1821–1822, passim. 45. For the relevant provisions of the Congressional military acts of 1792, 1820, and 1821, see U.S. Statutes at Large, I, 273; III, 577, 616; also, see below, pp. 72–73, 73n, 218, 218n, for Con- necticut’s 1821 and 1822 actions. Scott’s General Regulations for the Army; Or, Military Institutes (Washington, D.C., 1821), which was referenced in the 1821 congressional act, did not go into the details of military exercise that Darrow provided in his two books. 46. Report of the legislative committee on the military, which includes a reference to the special message from the governor: General Assembly Papers, 1821, Box 1, folder 7, item 117; Oliver Wolcott to Col. Decius Wadsworth, Mar. 24, 1821, Lt. Col. G. Bromford to Wolcott, Apr. 25, 1821: Executive Journal, Apr. 24, May 1, 1821 (pp. 90, 99); below, pp. 73, 73n. 47. See below, pp. 105, 105n. The debate on the appointment of the adjutant general can be found in the House Proceedings of May 7, 8, and 10, 1822: Courant, May 14, 1822; the unsuccessful bill on the adjutant general can be found in the General Assembly Papers, 1822, Box 2, folder 7, item 32; an unsuccessful bill on militia uniforms and the organization of the light artillery can be found in ibid., item 30. xxiv INTRODUCTION

political controversy, although a newspaper editorial used the possibility of reforms raised in Wolcott’s 1821 message to complain that the militia laws had always been subject “to the dictation of Generals and Colonels” and not to considerations of the public good. The editorialist’s arguments against the “feathered [military] gentry” echoed traditional Republican attacks on the old Federalist elite, but apparently failed to gain much traction in the changed political climate of the early 1820s.48 Regarding the state’s relationship with the federal government, 1821 was a relatively quiet year. The Assembly established, without controversy, a mechanism for the U.S. purchase of two acres of land at Stratford Point for a lighthouse.49 More significantly, the Assembly, at the request of the governor, endorsed an eventually unsuccessful request from Maryland to apply revenue from the sale of U.S. public lands to support public schooling in that state.50

The Legislative Session of 1822

The spring election of 1822 continued the patterns set the year before, with a further decline in voting. The attempt by Henry Seymour to unseat Thomas Day, described above, gave some vitality to the contest for state secretary, but Day, who had been the nominee on the Republican ticket despite his Federal- ist roots, still won handily.51 With Day’s success, the entire official Republi- can slate for state officers and state senators was elected to office, and that party increased its majority in the House of Representatives.52 The partisan appeals and analyses in the state’s newspapers continued in a routine mold, with continuing Federalist attacks on the Reformers as a “a restless junto of office-seekers” and Republicans continuing to place emphasis on the dangers of “aristocratic” Federalist resurgence and the need for “vigilance and activity” to ensure the Reformers’ continuance in power.53 Immediately after the election, the editors of the Republican American Mercury concluded that “there was but little federal opposition to the ticket,—our political opponents directing their strength principally to produce disunion in the Republican ranks in the election of representatives from the several towns.” The Federalist Connecticut Cou- rant observed that “No exertions were made by the federalists to rally, and in many towns the democrats took little interest in the election.”54

48. Herald, May 8, 1821. 49. Below, pp. 101, 101n. 50. Below, pp. 62–64, 62–63n. 51. Above, p. xvii, and below, p. 139n; Morse, Neglected Period, p. 54; Brownsword, “Politi- cal Patterns,” p. 154. 52. Below, pp. 135n, 136n. 53. See, for example, the Federalist letter by “An Elector” (Courant, Mar. 12, 1822) and the Republican nomination address (Times, Mar. 5, 1822). 54. “The Election,” Mercury, Apr. 8, 1822; editorial column, Courant, Apr. 9, 1822. INTRODUCTION xxv

As in 1821, Governor Wolcott delivered a lengthy and detailed message in which he renewed his appeals for active legislative promotion of the public good in both social and economic realms. This included specific recommendations for reforming the laws on business partnerships, bankruptcy, and attachment, as well as a critique of the banking system in the United States and Con- necticut’s educational and taxation systems; he also continued his campaign to tax and regulate the production and sale of distilled liquor.55 As usual, the legislators followed some but not all of the governor’s recommendations. As in 1821, the legislators made a variety of adjustments in the state’s legal and administrative system. Acts passed at the session adjusted procedures for dealing with the settlement of estates and the sale of minors’ land; further defined the jurisdictions of probate judges and of courts and justices in criminal cases; refined procedures regarding civil suits; gave clerks and committee chairs in the House of Representatives power to administer oaths; and directed the secretary of the state to transmit copies of Connecticut’s public acts to other authorities in the United States.56 In addition, the legislators thoroughly rewrote the basic statute on the inspection of provisions in response to complaints about the redundancy, inefficiency, and expense of current arrangements.57 The legislators also continued to consider requests from inhabitants of Windham County to hold the courts alternately in Brooklyn, the currently- authorized seat, and Windham. As in past years, the Assembly rejected the petitions.58 In addition, they attempted, but were unable to devise, a system for dividing the state into judicial districts.59 In the realm of federal and interstate relations, a notable act lowered the number of Connecticut’s members in the U.S. House of Representatives from seven to six following the U.S. Census of 1820. This reflected the proportional decline of Connecticut’s population in relationship to that of the country as a whole.60 The reduction in the number of representatives took effect at the next Congressional election, held in 1823. Also during this period, commissioners from Connecticut continued negotiations with their counterparts in Mas- sachusetts about unresolved issues relating to the state’s northern boundary, submitting a lengthy report to the Assembly, reproduced below; these issues,

55. Below, pp. 297–313; Morse, Neglected Period, pp. 54–56. The Assembly’s response to a number of these recommendations is discussed below, p. xl. 56. Below, pp. 190–92, 190n, 191n, 193–95, 193n, 194n, 213, 213n. 57. Below, pp. 181–89, 181–82n. 58. For the background of this issue, see S.R., XX, 56, 56n, and the references there. The related materials from 1821 and 1822 can be found in Rejected Bills, Box 5, 1818–1821, folder 20, 1821, item 14; Box 6,1821–1824, folder 6, 1822, item 68; House Proceedings and Debates, May 18, 1821, May 14, 1822: Mirror, May 28, 1821, Courant, May 21, 1822. 59. House Proceedings of May 8, 28, 1822; Courant, May 14, June 4, 1822. 60. Below, pp. 189, 189n. xxvi INTRODUCTION

as discussed in the last volume of this series, were not resolved until the middle of the decade.61 The legislators devoted considerable effort to specific matters relating to new developments in transportation and communications. The 1822 session saw the passage of a retaliatory law against New York’s acts creating a monopoly for steamboats operated by the Fulton-Livingston partnership in that state’s waters, which New York interpreted as extending along Connecticut’s coastline through Long Island Sound. New modes of transportation and travel were closely linked to economic development in the expanding American nation. The steamboat issue had engaged the Connecticut legislature in 1819, when it declared New York’s acts to be an “infringement of [Connecticut’s citizens’] rights, under the constitution and laws of the United States,” requested a review by the New York legislature, and directed Governor Wolcott to transmit their resolutions to the governor of New York. A legislative committee in 1820, chaired by former chief judge Zephaniah Swift, agreed that New York’s laws were unconstitutional, but was sanguine that the issue would be resolved without legislative action; litigation over the monopoly, initiated by other parties, was moving through the courts. Although the case was on its docket by 1821, the U.S. Supreme Court did not strike down the monopoly until 1824, in the landmark decision of Gibbons v. Ogden, 9 Wheaton 1 (1824).62 The stately judicial process tried the patience of Connecticut’s steamboat entrepreneurs as well as citizens who were disadvantaged by the rates charged by the New York monopoly. In addition, the outcome of the federal litigation was not entirely clear, since it is only later that the broad interpretation of the U.S. commerce clause became constitutional orthodoxy. Defenders of the New York acts had marshalled arguments in their favor based on a theory of concurrent federal and state jurisdiction over commerce and navigation and courts in New York had declared the state’s acts to be legal.63 Hence the Connecticut Assembly took action itself in 1822, following a precedent set by other states, most notably New Jersey in 1811. “A Citizen of Connecticut,” writing in the American Mercury shortly before the Assembly met, set forth the rationale for retaliatory legislation. The “respectful memorial” of 1819 had produced no results; litigation in New York’s courts had been unsuccessful; and Connecticut’s citizens demanded “a fair competition in the navigation of the Sound.” It was now time to act: “If we cannot compel [the New Yorkers] to admit our citizens

61. See below, pp. 219–29, 219n, and S.R., XX, liv, 305–6, 306 n. 62. For the background, see S.R., XX, xxiii–xxv, 78–79, 79n. For secondary accounts of the matter, see Morse, Neglected Period, pp. 56–59, 64, 71; DeLuca, Post Roads & Iron Horses, pp. 85–94. 63. Johnson, Gibbons v. Ogden, has a good discussion of the complex legal context in chs. 2–4. INTRODUCTION xxvii

to equal privileges with their own, we can at least prevent them from enjoying their monopoly in the waters of Connecticut.”64 The result was the act printed below, which provided heavy penalties on persons claiming privileges under the New York acts for operating steamboats and transporting passengers in Connecticut’s waters. The act’s preamble emphasized the harmful effects of the New York monopoly, which “exclud[ed] the citizens of Connecticut from the free navigation of Long Island Sound, and the East river, communicating with the Atlantic ocean and our sister states.”65 Representative Ralph I. Ingersoll of New Haven, a prime mover in Connecti- cut’s developing steamboat lobby and who had led efforts against the New York monopoly in 1819, introduced the resolution to appoint a committee on the issue and then brought the committee’s report before the House. In that report, the committee discussed New York’s monopoly acts, their deleterious effects, and Connecticut’s unsuccessful attempts to gain redress.66 An extended debate on the matter took place in the House on May 18. Ingersoll and others made the case for passing the law to protect the interests of Connecticut and its citizens. It should be observed that even members who believed that the U.S. Supreme Court would declare the New York acts unconstitutional supported the retaliatory measure, notably including Zephaniah Swift, the state’s fore- most constitutional scholar. Although some speakers expressed sympathy for the owners of the New York monopoly, particularly successors of the deceased Robert Fulton, who had done so much to make steamboat technology viable, only Federalist representative John McClellan of Windham spoke against the bill. He noted that some Connecticut citizens were stockholders in the New York operation and advised waiting for the Supreme Court’s decision. The bill passed the House by a vote of 174–11 and was also approved by the Senate.67 Although the legislators’ support for the act was overwhelming, Governor Wolcott exercised his veto power, defending that action in a closely-argued May 27 message to the Assembly. 68 This is not the place for a detailed analysis of his arguments, but several features should be noted. Wolcott agreed that the New York acts violated the U.S. Constitution and spent much time discussing the nature of the federal union and the respective powers of Congress and the states; he also entered into a thoughtful analysis of Connecticut’s constitu-

64. “Steam Boat Monopoly,” Mercury, Apr. 29, 1822. 65. Below, pp. 210–11, 210n. 66. The House also heard from parties involved with the case: House Proceedings of May 3, 8, 9, 16, 17, 1822: Courant, May 7, 14, 21 1822. The committee report can be found in General Assembly Papers, 1822, Box 2, 1822, folder 9, item 60. 67. The debate and roll call vote are printed below, pp. 323–27. The Courant (editorial column, June 4, 1822) noted that the act had the effect of “banish[ing] from our waters two Steam Boats.” These were the Connecticut and the Fulton, operated by the New York monopoly; DeLuca, Post Roads & Iron Horses, p. 93. 68. Below, pp. 328–38. xxviii INTRODUCTION

tional and governmental structure. He contended that Connecticut’s 1822 bill was no different from New York’s acts in its operation; thus its restrictions on interstate commerce were also unconstitutional. Finding in the law of nations that retaliatory measures were only valid where there were no other means of redress, he argued that such means were available in the United States through the judicial process. “It is only when we substitute our own laws, for the supreme law, and our own penalties and forfeitures, for the regular process of the Supreme Court, that great dangers are to be apprehended.” “The Constitution of the United States and the national Judiciary are the great palladium of the rights of all the States,” he continued, “and peculiarly so of the small States.” Although the governor’s message was powerfully reasoned and would no doubt be supported by most legal authorities today, the majority of legislators had little patience with it, re-passing the bill by votes of 167–21 in the House and 9–3 in the Senate. Ingersoll even opposed printing Wolcott’s message for closer consideration. John Welch of Litchfield, however, thought that it should be distributed to the members out of respect for the governor; “he had a qualified negative, which did not amount to much,” but still the Assembly ought to consider the subject “deliberately.” The House ordered the message to be printed, but this only delayed re-passage by one day, to May 28. 69 This episode illustrated both Wolcott’s increasing isolation from Connecticut’s political mainstream and the weakness of the governor’s veto power under the Consti- tution of 1818; although the bill would have re-passed easily under even more stringent requirements, Welch’s comments, although superficially supportive of the governor, indicate a lack of respect for his constitutional powers.70 On the overall issue of steamboat transportation and the New York monopoly, Gib- bons v. Ogden settled the question; the 1822 act was repealed in 1824, and the Assembly concurrently passed a spate of acts incorporating local steamboat companies.71 Connecticut had fully entered the expansive “steamboat era” of American economic history.

69. House Proceedings and Debates, May 27, 28, 1822: Courant, June 4, 1822. The votes are discussed below, p. 210n. 70. The Assembly had twice previously overridden vetoes: S.R., XX, xviii, lii, 53, 53n, 238, 238n. See also Hamilton, “Oliver Wolcott,” pp. 411–12. 71. For the 1824 repeal, see S.R. Ms., 1824, p. 121; six Connecticut steamboat companies were incorporated in 1823 and 1824. The Rejected Bills (Box 6, 1821–1824, folder 2, 1821, item 49) includes an undated legislative committee report, but clearly from 1823, responding to petitions requesting repeal of the 1822 act on the grounds that it was ineffectual and disadvantaged Connecticut citizens who wished to travel and trade with other states. The committee rejected the request, observing that the 1822 act had been passed by large majorities and that it had not been in effect long enough to determine its impact; the committee also noted that the issue would soon be decided by the U.S. Supreme Court. Morse, Neglected Period, pp. 64, 264–66; DeLuca, Post Roads & Iron Horses, pp. 93–94. INTRODUCTION xxix

The drive toward improvements in transportation also appeared in two 1822 acts incorporating companies to construct canals. Like steamboat traffic, the growth of canals was emblematic of the “transportation revolution” that was transforming American economy and society in the early nineteenth century. As the West opened up, the nation’s commercial focus was shifting from trans- atlantic commerce to internal trade and travel. The rise of steam navigation was a key development; canals were another. The new nation had witnessed sporadic attempts, following European precedents, to build canals before the War of 1812, but the major national impetus was given by the construction of the Erie Canal in New York State, initiated in 1817 and completed by 1825. This began a “canal boom” in the Northern states, which lasted until the 1840s. Lacking federal funding, developers depended on a combination of private resources and state funds; the result was an increasing economic linkage of the Northeast and Northwest, the expansion of commercial agriculture, and the creation of a powerful internal market economy. The results were most marked in states like New York, Pennsylvania, Ohio, Indiana, and Illinois, but even New England took part.72 Developers in Massachusetts had begun work on the Middlesex Canal in 1793; it opened for navigation in 1803 and expanded its business dramatically in subsequent decades. With construction beginning in 1824, the Blackstone Canal soon linked Worcester County in Massachusetts with Narragansett Bay in Providence.73 Plans had also been afoot to improve inland navigation in Connecticut; recent volumes of the Public Records documented attempts by developers to improve the navigation of the Connecticut River above Hartford at Enfield Falls, where rapids impeded shipping.74 Ac- tions in 1821 and 1822 demonstrated continued public attention to efforts at clearing the channel of the Thames River in Norwich.75 Connecticut’s own canal era, however, truly began with the two acts printed below incorporating the Farmington Canal Company and the Ousatonic Canal Company. Both acts are extremely detailed, following in general outline the arrangements established for turnpike companies during the preceding decades, mostly notably by establishing boards of state commissioners to oversee the organization of the corporations and the construction and operation of the canals. The two acts are somewhat differently organized, but are broadly similar

72. The most thorough studies of the “canal era” in United States history are Carter Goodrich, ed., Canals and American Economic Development (New York and London, 1961) and Shaw, Ca- nals for a Nation. Other useful accounts can be found in Taylor, Transportation Revolution, ch. III; Albert Fishlow, “Internal Transportation in the Nineteenth and Early Twentieth Centuries,” in Engerman and Gallman, eds., Economic History of the United States, II, 552–64; Johnson, Early American Republic, pp. 65–67; Howe, What Hath God Wrought, pp. 216–20; DeLuca, Post Roads & Iron Horses, pp. 99–101. 73. Shaw, Canals for a Nation, pp. 3, 11–15, 49–52. 74. S.R., XIX, lii, 380–82, 380n; XX, xxiv, 68–69, 68n. 75. Below, pp. 82–83, 82–83n, 288, 288n. xxx INTRODUCTION

in their arrangements; the most notable difference is that while the Assembly directly established the Ousatonic petitioners as a corporation, it did not do so for the Farmington company. In that case state-appointed commissioners oversaw the organization of the company and the election of a board of directors in 1823.76 These two corporations were the first of six canal companies incorporated by the state legislature between 1822 and 1829. As historians have pointed out, all were private concerns. The Connecticut state government, at least partially due to its recent emphasis on fiscal austerity, did not provide direct funding, as New York State had done for the Erie Canal. However, the legislators, like others around the United States, clearly saw these undertakings as being in the public good and were not hesitant to grant these potentially valuable entities the privileges and protections of incorporation, as they had for turnpike companies; in an endeavor to promote subscriptions, the legislators exempted corporate shares from taxation for twenty-one years after completion. Later the Assembly took further actions, in modifying the tax exemption to run until the companies were making substantial profits and chartering the Mechanics’ Bank of New Haven, at the request of the Farmington company’s directors, to provide a mechanism for additional stock subscriptions.77 Only two of the six projected canals, the Farmington Canal and the En- field Canal (incorporated in 1824) were actually built. The Farmington Canal was intended to run from New Haven thorough Farmington to the Massachu- setts border, joining there with another canal (the Hampshire and Hampden, chartered by Massachusetts in 1823), thus providing a link with the Connecti- cut River at Northampton, Massachusetts, and bypassing both Hartford and the Enfield rapids; no doubt New Haven’s commercial rivalry with Hartford played a role in the planning. Construction began in 1825 and the Connecticut section of the system officially opened in 1828. The entire route was completed when Northampton was connected in 1835; the enterprise was reorganized under the name of the New Haven and Northampton Canal Company in 1836. Although it supported substantial commercial traffic during its heyday, it was never financially successful and was eventually supplanted by a railroad along the same route in the late 1840s. The other canal company incorporated in 1822, the Ousatonic, was also meant to improve transportation west of the

76. Below, pp. 244–61, 244–45n, 253n. 77. This and the next paragraph are based on Walradt, Financial History, pp. 92–94; Morse, Neglected Period, pp. 261–64; Taylor, Transportation Revolution, p. 38; Van Dusen, Connecticut, pp. 320–21; Shaw, Canals for a Nation, pp. 52–55; An Account of the Farmington Canal Com- pany. . . (New Haven, 1850); Harte, “Connecticut’s Canals,” pp. 123–61, 172–76; James Mark Camposeo, “The History of Canal System between New Haven and Northampton, 1822–1847,” Historical Journal of Western Massachusetts, 6 (1977), 37–53; DeLuca, Post Roads & Iron Hors- es, pp. 101–7. For the tax exemption and the Mechanics Bank, see S.R. Ms., 1823, pp. 125–26; 1824, 149–53. INTRODUCTION xxxi

Connecticut River; it was intended to reach from Derby to the Massachusetts border, connecting with a canal in that state. However, the company never appears to have moved much beyond announcing a stock subscription and laud- ing the economic benefits of the project in a public announcement; the canal never went into operation and its 1822 charter eventually expired.

Public Finance, the Banking System, and Economic Development

Reduction in public expenditures continued as a central theme in 1821 and 1822. As discussed earlier in this Introduction, economizing of governmental spending had been a central part of the program of the Reform coalition and was also related to calls for retrenchment at the national level. During their initial years in power, the Reformers had cut expenses by reducing the number of legislative sessions from two to one per year, trimming the number of judges of the Superior Court and the county courts, cutting the salaries of executive officers and legislators, and reducing expenses at the opening of legislative sessions. They also enacted laws providing mechanisms by which expenditures for the common schools from state tax revenues would be eliminated when School Fund dividends reached $62,000 a year and tightened regulations for payment of the poor relief, placing additional financial responsibilities on the towns78 In his message opening the 1822 session, Governor Wolcott noted the already heavy tax burden on the state’s farmers and observed that sources of additional revenue for public purposes at the state level were limited, underlining the need to control expenditures.79 In their reports to the Assembly at the May 1821 session, state controller James Thomas and the joint legislative committee on finance observed that state expenditures had declined from $100,020 in the year ending in April 1818 to $78,026 in the year ending in March 1820. The reports for 1821 and 1822 indicate that both Thomas and the oversight committee were keeping a close eye on how the recent tax reforms and economizing measures were playing out. In 1821 Thomas noted that expenditures for the year ending on March 31, 1821 reached only $63,580, excluding a one- time payment of $7,688 to the Baptist Trustees. In the same year, the finance committee commented approvingly that tax revenue had been reduced by a quarter from former years and observed that “the demands of the Treasury for the current year will be still further diminished” because of reductions in the compensation for legislators and the tightening of payments for state paupers. School Fund commissioner James Hillhouse had reported that payments to the schools were now being paid “out of the collections of Interest on School

78. S.R., XX, xii–xiii, xlvii–li; Walradt, Financial History (pp. 82–89, 99) contains an analysis of governmental economizing. 79. Below, p. 312. xxxii INTRODUCTION

Fund Bonds” by the terms of the 1820 act. Hence the 1821 finance committee predicted that increased revenue in the School Fund would obviate the need for any additional state payments to the common schools in future years. The reports submitted by the controller and the finance committee in May 1822 were in line with these predictions; the committee noted that expenditures for the year ending on March 31, 1822, had fallen to $55,576. The committee also predicted that the expenditures for the next year would fall even further, to $50,000. It observed that “while the avails of the annual tax have been gradually decreasing in amount, yet by means of a proper economy, there has been a corresponding diminution of the annual expenditures,” which enabled the Assembly to make a special donation to a newly-established asylum for the insane.80 The Republicans had made their system of economizing a centerpiece of their campaign appeals in 1821.81 Unsurprisingly, Federalists continued to criticize the new fiscal policies. For example, theCourant attacked the Reform- ers, who “under pretence [sic] of saving, [have] flung upon the towns a part of the tax for what are called the state poor . . . [and] have also endeavoured to divert a part of the School Fund . . . to civil list expenses.” Other newspaper commentators debated the merits of the Republicans’ new system of economy, with Federalists providing additional evidence of what they considered their opponents’ fiscal legerdemain. The Republican editors of the Times, however, praised the “truly flourishing” condition of the state’s finances under the frugal Republican administration.82 The Assembly enacted no major changes in state finances in the years under consideration.83

Aspects of Connecticut’s taxation system were also subject to discussion during these years. This was not surprising given the thorough but controversial reforms which had taken place in 1819 and 1820, documented in the previous volume of this series. In both 1821 and 1822, the Assembly authorized a tax of one cent on the dollar in the assessment. This was the standard rate during this period, but this fact did not prevent a Federalist editor from observing that if the Reformers had actually saved the state money, as they claimed, they should have been able to eliminate the tax.84 The legislators did make some

80. Controller’s Reports for 1821 and 1822; Committee Reports, General Assembly Papers, 1821, Box 1, folder 8, item 3; 1822, Box 2, folder 10, item 63; School Fund Commissioner’s Reports for 1821 and 1822. Additional state expenditures for the schools had fallen to $970 for the year ending on Mar. 31, 1821, from the $7,500–$8,000 used in the annual estimates. For the School Fund expenditures, see Walradt, Financial History, pp. 78–79, 82–83. 81. “To the Electors of Connecticut,” Register, Mar. 13, 1821. 82. Editorial columns, “Remarks on the Proceedings of the Late General Assembly,” Courant, Mar. 27, June 12, July 3, 1821, Mar. 19, 1822; Times, June 19, 1821. 83. For the general history of state finances during this period, see Walradt,Financial History, pp. 67–100. 84. Below, pp. 61, 214; S.R., XX, xxxiii (n), xliv; editorial column, Courant, June 12, 1821. INTRODUCTION xxxiii

small changes, including an 1821 act making administrative adjustments to the procedures for tax collection.85 As noted above, Governor Wolcott directed some attention to the taxation system in 1822, arguing that it would only be “tolerable” if there were no additional taxes on the farming community. The only area where he saw a possibility of raising significant new revenue was through a special duty on distilled spirits.86 The legislators did take additional actions in 1822 relating to exemptions from taxation. First, they restored, with some modifications, key language from the 1819 act on taxation omitted from the revised statutes in 1821; this involved exemptions from tax assessment of property belonging to governmental bodies, churches, schools, and medical infirmaries.87 As discussed below, they also repealed the long-standing exemption of clergymen’s property from taxation, after extensive discussions and debate in 1821 and 1822.88 In addition to these specific actions, the legislators took other aspects of the taxation system under consideration during 1821 and 1822. An attempt was made in 1821 to repeal that part of the supplemental tax assessment law of 1820 establishing mechanisms to equalize the valuation of property across the state. Speakers in the House of Representatives argued over the merits of the arrangement. Critics stated that the state-wide authorities had too much power and could not have the necessary detailed knowledge of local conditions; in addition, they argued that the initial equalization board had increased valuation unacceptably. Defenders of the arrangement held that equalization was necessary for the fair apportionment of taxation across Connecticut and expressed confidence that the authorities possessed sufficient knowledge of conditions in localities. The attempt to repeal was unsuccessful and the state-wide level of review remained in the revised statute book.89 Questions relating to specific exemptions from assessment for certain categories of persons and various types of property had occupied much legislative attention during consideration of the major tax laws in 1819 and 1820. Such concerns remained potent in the years covered by this volume, and the legislative files and newspapers are filled with

85. See below, pp. 56, 56n. 86. Below, pp. 312–13. 87. Below, pp. 212, 212n. 88. Below, pp. 212, 212n. 89. The 1820 act had included special arrangements for the 1820 assessments in which county commissioners would join with the state treasurer and controller to equalize the valuations; in subsequent years the task would be undertaken by the treasurer and controller alone, since the difficult initial equalization would have been accomplished by the larger board. This arrangement was kept in the 1821 statute book. S.R., XX, xliii, 296; Stat. Conn., 1821, pp. 449–50; Rejected Bills, Box 6, 1821–1824, folder 2, 1821, item 50; House Proceedings and Debates of May 18, 23, [i.e., 21], 27 [i.e., 22] 28, 30, 1821: Mirror, May 28, June 4, 1821. The legislative files also contain an undated and unsuccessful printed bill making a variety of adjustments in arrangements for local assessment: Rejected Bills, Box 6, 1821–1824, folder 2, 1821, items 51–52. xxxiv INTRODUCTION

specific proposals for the addition or deletion of exemptions for such categories as factories and factory workers, instructors in colleges and academies, officers in the United States Navy, and U.S. stock. In addition, there was an unsuccessful attempt to reduce the poll tax from $30 to $20.90 With the excep- tions of the actions noted above, however, the legislators took no further actions on the taxation system during the years covered by this volume, despite continuing Federalist criticism of the impact of the reforms of 1819 and 1820.91

The role of banks and banking in American economy and society remained a controversial issue during the years covered by this volume. The over-expansion of credit and the extensive issuance of bills of credit by banks had been major factors behind the Panic of 1819. During the subsequent economic dislo- cations, banks, and in particular the Second Bank of the United States (2BUS), whose actions had deepened the economic crisis, came under political attack in many parts of the country. Although Connecticut’s banks had been cautious in their policies and weathered the Panic well, critical voices had been heard in the state. These included Governor Wolcott, who in 1819 criticized the fact that bank notes had driven metallic currency out of circulation and now comprised “almost the whole of the circulating medium of the country,” a dangerous state of affairs that in his opinion could only be remedied by national action; effectively, he argued, this was a violation in spirit if not in letter of the provision of the U.S. Constitution that prohibited states from issuing bills of credit.92 Wolcott elaborated on these points in his 1822 message to the Assembly, when he acknowledged the economic usefulness of banks as well as their prudent management in Connecticut. However, he remained concerned about two problems. First, he argued that the laws should be modified so that banks would not attach the wages and property of working people, which would ham- per overall economic productivity. Second, he repeated his earlier concerns that the internal commerce of the United States was almost entirely dependent on bank notes for its circulating medium, which contributed to “frequent & sudden vibrations” in the currency, which were “unfavourable to industry”; the notes were also easily counterfeited, further contributing to financial uncertainty. Although ultimate control of the country’s currency rested with the federal government and the 2BUS, the governor noted that other states had

90. General Assembly Papers, 1822, Box 2, folder 8, item 47; House Journal, May 17, 1822; House Proceedings and Debates of May 25, 29, 1821: Mirror, June 4, 1821; May 20, 28, 1822: Courant, May 28, 1822, June 4, 1822; Rejected Bills, Box 6, 1821–1824, folder 2, 1821, item 54. For continuing Federalist criticism of the 1819–1820 tax reforms, see editorial column, Courant, Mar. 19, 1822. 91. See, for example, “Remarks on the Proceedings of the Late General Assembly,” Courant, July 10, 1821. 92. S.R.,XX, xxvi–xxviii, 156–57, 157n. INTRODUCTION xxxv

taken useful action by prohibiting the issuance of bank notes of a value less than five dollars. This would help to bring silver currency back into internal circulation.93 Although Wolcott did not make an explicit recommendation for a similar restriction in Connecticut, a legislative committee agreed with his analysis, observing that the “sovereign” power to coin money had been “virtually transferred to, or usurped by, the incorporated banks, which created and controlled the whole circulating medium of the country.” The committee praised the salutary effects of the Assembly’s 1816 reinstitution of a prohibition of the issuance and use of bank bills of less than one dollar in restoring the circulation of copper and silver coins, and, like the governor, recommended a similar prohibition of the issuance of bills of less than five dollars in value. The committee argued that such restrictions were not violations of the banks’ charters, which must be strictly observed, but rather legislative regulations necessary for the good of the community, which was the ultimate goal of the incorporating acts.94 Despite the concerns of Wolcott and the legislative committee, the legislators took only limited actions in 1821 and 1822. Although a proposal to prohibit small bills was under consideration during the 1822 session, it was not adopted.95 In other areas, the lifting of the recession in 1822 undoubtedly contributed to the establishment and incorporation of new banks in Windham and Stonington in response to petitions emphasizing the need for additional sources of business credit in those parts of the state.96 The legislators also continued to exercise its option of appointing directors of banks when deposits of state money exceeded $5,000.97 Finally, the legislators responded to a letter from James Thomas, the state controller, about banks in which the state had bought stock. Thomas pointed out that neither he nor his predecessor, Elisha Colt, had followed through on the requirement in an 1803 act that such banks periodically provide the controller with statements of the amount of their capital stock, debts, money on deposit, notes in circulation, and cash in hand. The result was an 1821 resolution and an 1822 act providing additional regulations relating to such statements.98

93. Below, pp. 305–9. 94. The text of the report can be found in the Mercury, May 20, 1822; the 1816 act is in S.R., XVIII, 108, 108n. 95. The first section of the act below, pp. 214, 214n, initially contained such a provision, but it was expunged before passage. Two banking bills were considered but not adopted at the 1822 session: House Journal, May 18, 21, 22, 23, 1822; House Proceedings of May 23, 1822: Courant, May 28, 1822. 96. Below, pp. 202–9, 202n, 206n. 97. S.R., XX, xxviii, 207, 207n; below, pp. 75, 75n, 142. 98. The legislative committee on finance described Thomas’s letter and gave its response in an undated report, clearly from 1821 based on internal evidence: General Assembly Papers, 1821, Box 1, folder 21, item 22; the 1803 provision can be found in Stat. Conn, 1808, p. 97; the resolution and act are below, pp. 73–74, 74n, 214, 214n. xxxvi INTRODUCTION

The other major issue involving banks that came before the legislature involved an issue of national constitutional import: an attempt by the state of Ohio to tax the branches of the 2BUS located in that state. The brief resolution below does not address the full significance of the issue, which Governor Wol- cott discussed at length in his message opening the 1821 legislative session.99 As part of general discontent with banks and other financial institutions as well as specific actions by the Ohio branches of the 2BUS to foreclose on local real estate, that state passed an 1819 law which was fundamentally a penal tax on the 2BUS and other financial institutions “unauthorized” by the state legislature. This action had parallels with one by Maryland which led to the important U.S. Supreme Court decision of McCulloch v. Maryland, 4 Wheaton 316 (1819), only a month after the Ohio act. In that decision Chief Justice John Marshall defended Alexander Hamilton’s broad construction of the U.S. Constitution allowing Congress to establish banks for national purposes and declared Maryland’s taxation of the bank unconstitutional since it involved the “power to destroy” an institution established by Congress for the public good. As Wolcott detailed in his 1821 message, Ohio’s 1819 action led to an appeal by the 2BUS to the U.S. circuit court, which issued an order against the state’s collection of the tax. Despite this, Ohio officials forcibly collected it; federal officials then made a counter-seizure of the funds. As a result, the Ohio legislature adopted a report and resolutions during the winter of 1820–21 criticizing the McCulloch decision, drawing on principles of state sovereignty, and arguing for limited jurisdiction by federal courts in matters affecting the states. The legislators did not deny Congress’s authority to incorporate the 2BUS, but regarded it as a private corporation subject to state taxation, and not as an instrument of public policy. Ohio also appealed the federal actions to the U.S. Supreme Court. The eventual outcome was Osborn v. Bank of the United States, 9 Wheaton 738 (1824), which reaffirmed the principles of McCulloch v. Maryland. This is no place for a full exegesis of Wolcott’s deeply reasoned response to Ohio’s actions. Suffice it to say that the governor was in accord with the principles of national authority and constitutional construction earlier enunciated by Hamilton and Marshall. Wolcott moved from a discussion of the federal system of national, state, and local government in the United States—includ-

99. Below, pp. 64–65, 64n, 121–32. This and the following paragraph draw on good secondary accounts in Bray Hammond, Banks and Politics in America from the Revolution to the Civil War (Princeton, 1957), pp. 263–68, and Ernest L. Bogart, “Taxation of the Second Bank of the United States by Ohio,” American Historical Review, 17 (1912), 312–31. Branches of the state government, as documented at many places in the General Assembly Papers, the Executive Journal, the House Journal, and the Senate Journal, also continued to receive materials from other states on the proposed amendment to the U.S. Constitution on the 2BUS that it had rejected in 1820; for that action, see S.R., XX, xxix, 308–9, 308n. INTRODUCTION xxxvii

ing his view of Connecticut itself as a federal system—to a critique of Ohio’s view of state authority over the banking system. In the process, he contended that the power of the federal courts was derived from the common law as well as from the Judiciary Act of 1789, which established the U.S court system. He also asserted the Hamiltonian position on the authority of the federal government to promote the public good through a variety of arrangements: “I cannot entertain a doubt, that it is within the delegated power of the National & State governments, at their discretion, & in relation to any objects within the spheres of their delegated authority, to effect combinations of private, with public interests, thereby more efficaciously to promote the public good, which is the great object of all legislation.” In conclusion, he urged that the issue be settled by the courts and not by individual state action, but presumably on the nationalist principles that the Supreme Court affirmed inMcCulloch and later in Osborn.

In addition to considering such large issues, the Assembly continued to pass measures regulating the economy for the general good. As noted earlier, diver- sifying and improving the state’s economy was a constant theme in Governor Wolcott’s annual messages to the Assembly; the issue was closely linked to his vision of making Connecticut a more prosperous place and hence more attrac- tive to those inhabitants tempted to leave the state for better prospects elsewhere—as well as luring economically productive people to Connecticut from other places. In 1821 the governor went on at length about the need to protect and promote internal industry. Although expressing optimism about long-term prospects, he noted that commerce, agriculture and industry were “equally depressed” as a result of the Panic of 1819 and argued that there was “no method, by which the interests of the people of this State can be advanced, but by promoting measures tending to increase, diversify, & improve the productive powers of human industry.” In his 1822 message to the Assembly, the governor spent no time lamenting the recent economic distresses, which were passing, but rather proposed a variety of reforms by which economic growth could be sustained and prosperity promoted. Wolcott recognized that there were areas, particularly involving commerce, in which only the United States government could act; he also understood the state’s limited fiscal resources during the years of recession.100 His sentiments were echoed by the joint legislative committee on internal industry in 1821, which agreed in principle about the importance of economic improvement and the positive role that state governments might play, but noted that the problems created by European discrimination against American trade could only be countered by Congressional action; in addition, they argued, depressed economic conditions prevented them from

100. Below, pp. 118–19, 298ff. xxxviii INTRODUCTION

recommending any additional taxes to support internal improvements, much along the lines of Wolcott’s own analysis.101 Despite these roadblocks to more active financial involvement by the state, the government did take significant steps to promote economic development during the years under consideration. When assessing the legislative achieve- ments of the period after 1820, it is necessary to acknowledge the standard interpretation of the period, put forth by Jarvis Morse and Alfred Van Dusen, that these years were a time of “conservative reaction,” when the dominant governing majority was only concerned with “unimportant subjects” and when “Connecticut remained a thoroughly conservative community whose people retained their traditional antipathy to change of any sort.” Alan Brownsword, perhaps following Morse’s lead, characterized this period as “dull years in the legislature.”102 There is some truth in this interpretation. In general, possibili- ties for governmental action in the economic sphere were constrained by the legislators’ preference for tight public spending and low taxation. But the early nineteenth century should not be judged by the standards of later times. The economic and social changes of the early nineteenth century were anything but marginal to the people who lived at the time, and did receive significant attention from the legislators as well as from the governor.103 Most notably, the legislators responded to Governor Wolcott’s recommendation, in his opening message to the 1822 session, to allow the formation of limited partnerships to expand the pool of capital by bringing in special partners. This would allow what the French referred to as sociétés en commandite, thus allowing young entrepreneurs the benefit of both the capital and the wisdom of older businessmen. The 1822 act limited the liability of special partners to the extent of their financial contribution to the enterprise, unlike general partners, who were fully liable; this arrangement made it easier for entrepreneurs to expand their capital by bringing in others who did not bear the full brunt of responsibility. According to the act, special partners could not act in a managerial capacity or even be recognized by name in the partnership’s title. The law restricted limited partnerships to businesses other than banking and insurance.104 Up to this point most American businesses consisted of partnerships whose members pooled their capital, skills, and business connections, existing

101. General Assembly Papers, 1821, Box 1, folder 21, item 6. The Connecticut Herald (May 8, 1821) had asked rather wistfully for state aid to Connecticut’s agricultural societies, praising their benefits: “Their salutary effects are visible in the great improvements of our farms and gar- dens, as well as in the improved quality and reduced prices of the products of the earth.” 102. Van Dusen, Connecticut, pp. 205–6; Morse, Neglected Period, ch. II, passim (the quota- tions are on pp. 54 and 335); Brownword, “Political Patterns,” p. 156. On pp. 59–60, Morse gives the small number of public acts passed in 1822 as evidence of political torpor; there had been even fewer in 1821, for reasons discussed above, pp. xx–xxi. 103. Hamilton, “Oliver Wolcott,” has some good observations on pp. 378–80, 384–85. 104. For the act and Wolcott’s remarks, see below, pp. 179–81, 179n, 302–3. INTRODUCTION xxxix

until death, dissolution, or the decision of partners to leave the business ended the partnerships. As Wolcott noted, most of these partnerships were formed verbally.105 That a partnership could be so quickly dissolved represented the major weakness of this form of business organization. In specific cases, the Connecticut legislature conferred corporate status upon entities, whether business, charitable, religious or educational, on a case-by-case basis. Use of the limited partnership form occurred much less often than general partnerships or corporations. Although New York in 1811 allowed general incorporation of any manufacturing business, Connecticut, in 1837, became the first state to enact a statute for the general incorporation of a business of any kind.106 The General Assembly took other actions to stimulate the economy. It passed two laws in 1822 incorporating banks, a retaliatory law protecting the state’s steamboat industry, and two actions incorporating canal companies, designed in one way or another to promote economic growth in the state. It also incorporated a number of manufacturing companies. Most of these initiatives depended on private capital and entrepreneurship, which was in keeping with the both the enterprising spirit of the times and the state’s limited financial resources. But legislative recognition of these initiatives as a public good and the consequent granting of the legal privileges of incorporation was a demonstration of continuing positive public involvement in economic development. On smaller matters, the governor in 1821 recommended that the legislators investigate emerging technology for the processing of flax. In a response, the Assembly enacted two resolutions authorizing the investigation of the developing technology, which would benefit both agriculture and manufacturing in the state.107 In addition, in 1821 the legislators passed a law for the control of the “Canada thistle,” an invasive plant harming agriculture in the United States and Canada.108 At the same session, the Assembly reacted positively to a petition from Connecticut mariners engaged in the whale and seal fisheries who sought an unambiguous exemption of their products from duties in sales at auction.109

105. While the 1822 act provided that laws creating limited partnerships be registered with town authorities, they did not follow the governor’s recommendation that all contracts to form partnerships be “reduced to writing”and registered. 106. Taylor, Transportation Revolution, 240-241; Howe, What Hath God Wrought, p. 558; Al- fred D. Chandler, Jr., The Visible Hand: The Managerial Revolution in American Business (Cam- bridge, Mass., 1977), p. 36. Naomi R. Lamoreaux, “Entrepreneurship, Business Organization, and Economic Concentration,” in Engerman and Gallman, eds., Economic History of the United States, II, 403–34; Lamoreaux, “Partnerships, Corporations, and the Limits on Contractual Free- dom in U.S. History: An Essay in Economics, Law, and Culture,” in Kenneth Lipartito and David B. Sicilia, eds., Constructing Corporate America: History, Politics, Culture (Oxford, 2004), pp. 34-35; John Steele Gordon, An Empire of Wealth: The Epic Story of American Economic Power (New York, 2004), p. 229; Arnold and Collier, “Eleven Fundamental Documents,” pp. 235–36. 107. Below pp. 73, 73n, 119–20, 217–18, 218n. 108. Below, pp. 52–53, 52n.. 109. Below, pp. 58, 58n. xl INTRODUCTION

But there were limits to what the Assembly would do. In addition to these positive actions relating to the economy, the Assembly considered, but declined to enact several other measures. Perhaps most notable were Governor Wolcott’s recommendations in 1822 that the legislature request Congress to establish uniform rules on bankruptcy and to establish procedures in the state that would modify the “unlimited” right of applying temporary liens or attachments to property to satisfy demands of creditors, while securing artisans’ and mechanics rights to their wages. Both of these recommendations were intended to remove current encumbrances on individual financial assets and to free up resources for economic development; in the case of bankruptcy, the governor argued that lack of protective legislation would “destroy a [person’s economic] activity and produce a civil death.”110 A legislative committee agreed with the governor that under the U.S. Constitution only the federal government had the power to power to establish uniform laws on bankruptcy, and argued that the legislature could provide no further protection than what as “afforded . . . by the insolvent law” already in force. Wolcott’s request for changes in the law of attachment and protective legislation for mechanics and laborers also fell on deaf ears; a legislative committee concluded that it was inexpedient to act, “unless indeed, the General Assembly are in favor of a general law enacting that all debts immediately after contracted or while accruing, shall be a lien on the estate of the debtor.” Connecticut did not enact “mechanics’ lien laws” until the 1830s.111 In a related area, an unsuccessful 1821 bill would have come close to ending imprisonment for debt. The bill provided for execution of judgment on the property and estate of debtors (but not on the debtors themselves), allowing imprisonment only in cases where debtors had defrauded creditors. In a House debate, Elisha Tracy of Norwich advocated the abolition of “imprisonment for debt altogether.” In 1822 the legislators considered, but did not pass, a bill providing that nobody imprisoned for debt could be detained for more than ten days after taking an oath of poverty, even though the creditor left money with the jailor for upkeep. Imprisonment for small debt would not end until 1837.112 An unsuccessful attempt was made in 1822 to repeal the second section of the state’s law on usury, which required forfeiture of the money on loan if a rate of more than six per cent was charged. Opponents of the measure argued that it would effectively repeal the entire usury act, “which none of the gentlemen wished to do,” and it was postponed indefinitely. Commentators in both Federalist and

110. Below, pp. 299ff. 111. General Assembly Papers, 1821, Box 1, folder 9, item 29; Rejected Bills, Box 5, 1818– 1821, folder 18, 1821, item 69; Morse, Neglected Period, pp. 253–54. 112. Legislative Proceedings and Debates of May 24, 30, 1821, May 6, 1822: Mirror, May 28, June 4, 1821; Courant, May 14, 1822; Rejected Bills, Box 5, 1818-1821, folder 19, 1821, item 73; Morse, Neglected Period, pp. 254–55; Peter J. Coleman, Debtors and Creditors in America: Insolvency, Imprisonment for Debt, and Bankruptcy, 1607-1900 (Washington, D.C.1999), p. 78. INTRODUCTION xli

Republican newspapers argued for repeal or modification of the usury laws to free up capital for investment, but the Assembly did not act at this time.113 The issue of individual pauperism continued to occupy the sporadic attention of the Assembly, but without the intensity which characterized its passage of two important acts modifying the state’s system of “poor laws” in 1820.114 Following Governor Wolcott’s recommendation in his 1821 message, the As- sembly acted to systematize the collection of information on paupers by town selectmen.115 In a more routine action, the legislature ordered that the controller to reimburse the state treasurer and the selectmen of Lebanon for sums advanced to support “state paupers” (those for whose support the state and not the towns was responsible) who were foreigners.116 However, the legislators declined to grant the petition of Hartford authorities who sought reimbursement for sums expended in clothing, supporting and otherwise caring for an elderly, infirm and deranged “African woman of colour,” who was unable to work and who had not followed their instructions to depart from the town; no other town would take her. Reasons for dismissal of the petition did not appear. In the absence of language to the contrary, it can be presumed she was not a slave, but free; if she was enslaved, her master would have been responsible for the expenses.117 Other economic initiatives also failed to gain legislative support. An undated and unsuccessful bill would have permitted town selectmen to authorize owners of mills one year’s use of water rights on adjacent lands, with compensation to the landowners, in the event that the owners refused to sell the lands to the mill owners. Perhaps this was seen as too great an infringement on established property rights. The legislators also considered, but did not enact, a bill authorizing termination of banks and insurance companies which had ceased conducting the business for which they were incorporated. 118 They also turned down a number of requests for lotteries to raise money for various causes. In rejecting a petition from Washington, D.C., to sell lottery tickets under Con- gressional authority, a legislative committee noted that the 1820 grant of a lottery for the Episcopal Bishop’s Fund prohibited any other grants of lotteries for five years. Despite that prohibition, another legislative committee approved a petition from the borough of Killingworth to raise funds by lottery to improve its harbor; the legislators, however, rejected the resulting bill after arguments

113. Stat. Conn, 1821, p. 476; House Proceedings and Debates, May 7, 9, 1822: Courant, May 14, 1822; letters to the editor, Mirror, May 13, 1822; Times, May 14, 1822. 114. S.R., XX, li–liii, 269-70, 269n, 272, 272n, and the references there. 115. Below, pp. 62, 62n, 113–14. 116. Below, p. 102. 117. Petition, dated May 21, 1821, Rejected Bills, Box 5, 1818–1821, folder 20, 1821, item 16. 118. Rejected Bills, Box 5, 1818–1821, folder 20, 1821, item 10; General Assembly Papers, 1822, Box 2, folder 7, item 29. xlii INTRODUCTION

that “Lotteries were pernicious to society—that they were no better than legal- ized swindling or gambling—that it was an expensive way of raising money, and that it was raising it out of the poorer classes of society.”119

Religion, Education, and Reform

The end of Connecticut’s “Standing Order” in 1818 entailed the termination of public financing for individual religious congregations and the end of special privileges for the Congregational churches. The severing of financial support, however, by no means meant an end to religiosity in the state or to public involvement in religious matters. Outside the halls of the General Assembly, the Second Great Awakening continued; the years covered by this volume witnessed major revivals.120 The Assembly itself passed a number of measures that supported Protestant Christianity. These included the traditional appointment of clergymen to preach the annual election sermons; without argument, the legislators voted to print the sermons given by Congregationalist minister Ludovicus Weld in 1821 and the Episcopal bishop of Connecticut, Thomas Church Brownell, in 1822.121 In addition, the legislators responded positively to a request by the statewide Baptist Trustees regarding the administration of sums due to the Baptists from the 1816 Act on Literature and Religion and incorporated an Episcopal theological seminary in New Haven; the latter moved to New York in 1822.122 The Assembly’s 1820 authorization of annual private contributions to the Missionary Society of Connecticut continued through the years covered by the current volume. In addition, Governor Wolcott continued to issue the traditional executive proclamations for Christian celebrations on Thanksgiving and other occasions.123 It should be noted that the idea of totally separating religion from government did not enter into the major debate on religious and clerical issues during these years. In 1821, an attempt failed to repeal the section of the tax code

119. Rejected Bills, Box 6, 1821–1824, folder 6, 1822, items 55–57; folder 7, 1822, items 87– 91; S.R., XX, 311–12; House Proceedings and Debates of May 24, 1822: Courant, May 28, 1822. The Assembly also rejected lottery requests from the Enfield Bridge Company and Lyme’s Second Baptist Society: Rejected Bills, Box 5, 1818–1821, folder 19, 1821, items 91–94. In addition, the Assembly had under consideration a bill to regulate and license peddlers; House Proceedings of May 30, 1822: Courant, June 4, 1822. 120. Morse, Neglected Period, pp. 124–125. 121. Below, pp. 60, 60n, 214, 214n. 122. Below, pp. 55, 55n, 83–85, 84n. 123. For the 1820 Missionary Society authorization see S.R., XX, 342, 342n; the Assembly passed a two-year re-authorization in 1823: S.R. Ms., 1823, p. 126. The governor’s Thanksgiving proclamations can be found in the Executive Journal, Oct. 22, 1821, and Oct. 14, 1822 (pp. 193, 331–32); other proclamations can be found in in ibid., Feb. 22, 1822 (p. 220), and the Mercury, Mar. 6, 1821. INTRODUCTION xliii

exempting up to $2,500 of clerical property from taxation. In 1822, an identical bill succeeded. Both times the bill resulted in spirited debates, which are reprinted below.124 In both years, legislators raised the issue of whether the provision conferred a privilege upon a specific group (prohibited by the Con- necticut Constitution of 1818, Declaration of Rights, Section 1), or whether it was analogous to other existing exemptions from taxation. For example, Rep- resentative Samuel Church of Salisbury noted that nobody had ever regarded as unconstitutional the exemptions of justices of the peace from military duty or of the elderly and the faculty of Yale College from the poll tax. No legislator interpreted the proposed bill as an attack on or support of organized religion, either in general or particular. Supporters of repeal argued that it was not only unconstitutional on the grounds of conferring an exclusive privilege, but unnecessary: if, the legislature had originally intended the exemption to encourage clergymen to settle in Connecticut, by now they had firmly rooted themselves. In the process, many clergymen’s incomes had risen. The exemption took tax revenue not only from the towns where the clergymen lived, but represented an advantage to more well-to-do clergymen: “At present, the rich clergyman was benefitted and the poor one was not.” The issue of church-state separation did not enter into the discussion, and the statutes continued to include an exemption of clergymen from the poll tax.125 Other matters considered by the Assembly indicated a continuing interest in religion. The legislators devoted so much time in 1821 to discussing how to define the weekly day of rest that that the newspapers did not report arguments in full. Should the “Lord’s Day” last from sunset to sunset, twenty-four hours, or one-seventh of a week? Another way of summarizing these stances consists of asking what kind of time should prevail: “natural time” (measured by the sun), clock time, or holy time (the one-seventh argument). This took place against the backdrop of Connecticut becoming a center for the manufacture of timepieces. One legislator noted that “[s]ome denominations hold that there is no such thing as holy time, and he believed that even John Calvin held this in a qualified sense.” Another pointed out the problem of taking everyone’s conscience into account, “and he knew not why we ought not to regard seventh day Baptists and Quakers.” For the ancient Jews, another pointed out, the Sabbath was a day of rest; “they were prohibited from cooking their food, and were to keep within their tents.” For those emphasizing impact on legal processes, restraining the serving of writs on the Sabbath, was simply a matter of policy: “the Legislature have the power to restrain civil process; and this violates no man’s conscience.” In the course of the debate, Nathan Johnson of Hartford stated “that the House had been called upon four or five times to

124. Below, pp. 212, 212n, 314–22. 125. Stat. Conn., 1821, p. 448. xliv INTRODUCTION

vote on this question. He believed that all would agree with him in thinking that the question was, whether the Sabbath would stand or fall. He hoped we should not by our decision say that Reason was our God, as one nation [i.e., France] had.” He was opposed to passing a bill that “left the Sabbath open for every person to do as they pleased on that day.” Ralph I. Ingersoll of New Ha- ven replied that “the idea never entered into his head before, that the question was, whether we should sustain or prostrate the Sabbath, or that Reason was to be our God . . . He did not come here to make a profession of his religious opinions.” Although differing versions of the bill passed each house during the debates, the measure died during the legislative process.126 In other matters relating to religion and conscience, a petition for incorporation from the Stratfield Congregational Church in Fairfield failed,127 although this does not indicate any legislative hostility to granting corporate status to individual religious bodies. In 1821, an attempt to impose a six dollar fine on Shakers who had been excused from military in an 1816 resolution was defeated. However, by 1822 the Shakers had been included along with the Quak- ers in section 29 of the general title on the militia in the revised statute book; both were subject to a six dollar fine. In 1822 legislators made an unsuccessful attempt to repeal that section of the statutes.128

The Assembly also stayed involved in the area of education. Since Connecticut had not fully recovered from the economic downturn which began in 1819, the General Assembly provided relief from the severe penalties on debtors to the state’s School Fund established in an 1817 resolution.129 In addition, the legislators incorporated private schools and public school societies in Fairfield, Norwich, and East Windsor.130 In 1822, a number of schools failed to properly

126. The bill went through various versions; at one point an amended bill providing that “no civil process should be served between 12 o’clock on Saturday night and 12 o’clock on Lord’s day night,” passed after discussion. House Proceedings and Debates of May 11, 15 [misdated May 14], 22 [misdated May 27], 31, 1821: Mirror, May 21, 28, June 4, 1821; editorial column, Mirror, June 11, 1821; “Remarks on the Proceedings of the Late General Assembly,” Courant, July 24, 1821. See also Michael O’Malley, Keeping Watch: A History of American Time (Washington, 1990), pp. 31–33. 127. The petition was dated May 7, 1821; a legislative committee initially voted favorably, but the House ultimately rejected the incorporating bill. Rejected Bills, Box 5, 1818-1821, folder 19, 1821, items 81–83. 128. House Proceedings of May 29, 1821, May 27, 1822: Mirror, Jun 4, 1821, Courant, June 4, 1822. For the statutory provisions, see S.R., XVIII, 120; Stat. Conn., 1821, p. 345. 129. Below, pp. 61, 61n. 130. Below, pp. 76–79, 76n, 78n, 295–96, 295n. In a petition dated May 18, 1821, the Foreign Mission School in Cornwall sought exemption from taxation for its principal, instructors, and students; no further action after appointment of a conference committee appears to have been taken. Rejected Bills, Box 5, 1818–1821, folder 18, 1821, item 48. House Proceedings of May 26 [misdated May 28], 28, 29: Mirror, June 4, 1821. For a recent study of the Cornwall school, see INTRODUCTION xlv

report the number of students being taught, and were allowed to re-file in order to gain the proportional amount of state funding authorized in 1820.131 The As- sembly also supported an unsuccessful attempt by Maryland to use funds from federal land sales to support education in that state.132 Governor Wolcott devoted much of his message opening the 1822 session to matters of education, describing Connecticut’s educational institutions as “the glory of this State.” His praise of the common schools, however, was tempered by his observation that “It was never intended, that the contributions from the school fund, should be a full substitute for those which the districts may raise, by taxing their members.” This cautionary comment, including the observation that “parsimony is frequently a degrading vice,” however, did not prevent the deterioration of the public schools in subsequent years as they came to rely solely on monies from the School Fund.133 Wolcott also praised Yale College’s role as “an advanced station on the frontiers of American literature” and the importance of its Journal of Science in advancing knowledge throughout the United States. In 1822 the college submitted a request for funds for new buildings to house students. A joint committee charged with investigating the college’s finances, course of instruction, and bylaws observed that “the institution of Yale College is worthy of our greatest exertions, and should excite in every breast that ambition so sensibly felt by those who delight to behold the State of Connecticut justly claiming a place in the history of our nation, to which others may strive to attain in vain.” How- ever, the committee concluded that it would be “inexpedient to grant additional funds at the present time.”134 Hence the only legislative actions concerning Yale during 1821 and 1822 involved procedures for licensing physicians and a prohibition on private extensions of credit to the College’s underage students (except for laundry and medical treatment) without parental consent.135 Newgate Prison continued to be a matter of legislative concern. Governor Wolcott drew attention to contemporary efforts at prison reform and the more humane treatment of prisoners in his message to the Assembly in 1821. How-

John Demos, The Heathen School: A Story of Hope and Betrayal in the Age of the Early Republic (New York, 2014). 131. Below, pp. 282–83, 282n, 288–89; for the 1820 provision, see S.R., XX, 285. When the First School Society of Winchester petitioned on Apr. 20, 1822 to divide the school money equally between school districts, a legislative committee held that it would be unjust not to divide the money by the number of children served. Rejected Bills, 1821–1824, folder 8, 1822, items 97–98. 132. Below, pp. 62–64, 62–63n. 133. For Wolcott’s comments on education, see below, pp. 309–11. See also S.R., XX, xlix–li (which contains specific references to Collier, Connecticut’s Public Schools, the most thorough treatment of the subject), and above, p. xxxi. 134. House Proceedings of May 21, 1822: Courant, May 28, 1822; General Assembly Papers, 1822, Box 2, folder 7, item 35; Rejected Bills, Box 6, 1821–1824, folder 3, 1821, items 15–19. 135. Below, pp 196–98, 196n, 197n. xlvi INTRODUCTION

ever, in 1821 and 1822 the legislators did not heed the call for prison reform so much as seek to control costs while adding new buildings, setting compensation for a prison chaplain, appointing overseers, and increasing the number of guards.136 As with so much of Wolcott’s program, so with prisons: whatever else the governor may have said about reform, it could not outweigh the legislators’ penchant for managing costs.137 In other matters related to crime, a bill to change the punishment for rape from death to life imprisonment at Newgate failed. Meanwhile, the General Assembly commuted a specific death sentence for rape to life imprisonment.138 Regarding racial minorities in the state, the Assembly took only limited actions during these years. The legislators appointed a committee to investigate the affairs of the Golden Hill Indians in southwestern Connecticut. Two unsuccessful petitions from members of the Mohegan tribe in Montville dealt with some of the same issues—the racial composition of the tribe, fishing rights, and land holdings—that had been raised in recent years.139 Men of color continued to form a disproportionately large number of the inmates at Newgate Prison,140 and despite the attention that the Assembly had paid to the national issue of African-American slavery during the Missouri controversies of the preceding two years, the only action that the legislators took regarding slavery in the state was the validation of the 1793 emancipation of a female slave.141 Meanwhile, the disenfranchisement of people of color—enacted in 1814 and confirmed in the Constitution of 1818—continued. The Connecticut auxiliary of the Ameri- can Colonization Society, whose goal was to transport freedmen to Africa or other locales outside of the United States, failed to gain much traction.142 These years also shed light on the status of women. The Second Great Awakening marked a huge increase of female religious participation. Historian Richard D. Shiels traces the predominance of women within New England Congregational churches. Although more men joined during revivals after 1815, “these new male converts still did not outnumber new female converts;

136. Below, pp. 74, 74n, 142, 198, 198n, 218, 218n. Charges of corruption made by a prison overseer against one of his colleagues were rejected by a legislative committee. Rejected Bills, Box 6, 1821–1824, folder 2, 1822, items 40–43. 137. The Newgate overseers reported that expenses had been lowered by the reduction of the guards’ wages. General Assembly Papers 1821, Box 1, folder 21, item 5. The compensation allowed for the chaplain in 1822 was $250, down from $300 authorized in 1820. S.R., XX, 310. 138. House Proceedings of May 28, 1822: Courant, June 4, 1822 ; below, p. 292 The bill failed by a vote of 49–100. 139. For the Golden Hill Indians, see below, pp. 219, 219n . For the Mohegans, see S.R., XX, 132–33, 133n; Rejected Bills, Box 6, 1821–1824, folder 4, 1822, items 22–23; the second item was a request to sell a small tract of landing belonging to the tribe. 140. The only fact about Newgate’s prison population recorded during the legislature proceedings was that out of a total of 67 prisoners, 21 were black: Courant, May 14, 1822. 141. Below, pp. 100, 100n. 142. Keller, Second Great Awakening, pp. 180–82. INTRODUCTION xlvii

even then, 64 percent of all converts from 1815 to 1835, and 72 percent of all other [non-revival] converts, were women.” In conjunction with the Awaken- ing, evangelically-inspired voluntary societies increased markedly from the late 1700s onward.143 Many of them drew on the energies of women. New Ha- ven, for example, witnessed the formation of a number of organizations before 1818: the Episcopal Female Charitable Society, the Female Charitable Society, the Female Humane Society, the Female Education Society, and the Society for the Relief of Poor Female Professors of Religion. By 1822, the Young Ladies Church Missionary Society in New Haven had more than 60 members.144 In the 1821 debates over the taxation of clerical property, Samuel Hart of Berlin argued that the disestablishment provisions of the 1818 state Consti- tution had actually empowered such voluntary charitable organizations and their female promoters. “Religion stood in no aid of civil power to support it.” As a result, “[t]he fairest part of God’s creation [came] forward with their different societies to aid religion. They had their Benevolent Societies, and Female Societies, and female Bible Societies, Cent Societies and Mite Societ- ies, and a hundred others.”145 The Second Great Awakening, in conjunction with increased female literacy and an expanding transmission of printed matter, enabled women to take a meaningful public role in the development of the charitable and benevolent organizations which became increasingly central to social change in the United States. The urge for moral betterment and social reform was not, or course, confined to women. Men also took an active part in forming charitable organizations. The 1816 effort to found the Connecticut (later American) Asylum for the Deaf and Dumb had been spearheaded by Mason Cosgrove and Thomas Gallaudet.146 In 1822, the General Assembly incorporated the Retreat for the Insane, headed by a group of male luminaries, including state treasurer Isaac Spencer and state secretary Thomas Day.147 Two organizations incorporated in 1821 consisted solely of men: the Mutual Benevolent Society of Cordwainers

143. Richard D. Shiels, “The Feminization of American Congregationalism, 1730–1835,” American Quarterly, 33 (1981), 46–62. 144. Morse, Neglected Period, p. 176; Keller, Second Great Awakening, p. 207. The incorporation of such voluntary societies is also documented in recent volumes of the current series. 145. Below, p. 316. 146. S.R., XVIII, 27–28, 27n. In a May 15, 1821 petition, the Asylum noted that Congress had increased its assets through an 1818 land grant; consequently, the petitioners requested to increase the amount of real and personal property that could be held by the corporation. The incorporating act had set the cap at the amount of property that would generate $5,000 in annual income; the Asylum asked for $20,000. The legislative papers contain copy of a resolution, attested by officials of the two legislative houses and signed by the governor, granting a $15,000 income ceiling. It is not clear why this resolution does not appear in the Public Records. General Assembly Papers, 1821, Box 1, folder 18, item 5; see also S.R., XX, 118–19, 118n. 147. Below, pp. 240–44, 240n. xlviii INTRODUCTION

of New Haven, to support members incapable of work as well as their widows, and the Grand Lodge of the State of Connecticut. Connecticut’s Masons originally organized before the American Revolution.148 Also during these years the American Society for Meliorating the Condition of the Jews, an enterprise aiming at colonizing converted Jews in Connecticut, inspired by a London organization founded in 1808, established branches in New Haven, Litchfield and Hartford. Within four years of its founding, the American society turned to missionary activities on foreign shores.149 While women were actively entering the public sphere through their work in charitable reform organizations, change in other areas was more uneven. For example, the act below incorporating the Windham County Bank provided that proxy votes for directors could be held for “his or her” stock;150 the charter for the Stonington Bank, passed at the same session, lacked the words “or her” in a similar provision. Whether the Windham County Bank’s stockholders included women, however, is beyond the scope of this study. But whatever the Windham bank’s provision might have meant, married women’s property rights remained limited: coverture would not finally and formally end in Con- necticut until 1877.151 Women’s legal rights entered the political arena when the legislators considered the divorce laws. Currently the Superior Court had jurisdiction in cases of adultery, willful desertion for three years, seven years absence with no contact whatever, and fraudulent conduct. However, only the Assembly could grant a divorce under such grounds as cruelty, inveterate hatred, and conduct that defeated the purposes of marriage.152 While the General Assembly passed bills granting two divorces on the ground of extreme cruelty during the years under consideration,153 it did not support a proposed provision for the revised 1821 statute book that would have allowed the Superior Court to grant divorces in such cases. In a House debate on the same section of the statutes, Zephaniah Swift successfully opposed an amendment making adultery the sole ground for divorce, with a number of observations on the religious and civil nature of marriage, changes in French divorce laws, and the alleged practices of the ancient Jews.154 Although Connecticut had a long-standing reputation for liberality in matters of divorce—which occasionally led to warnings of moral

148. Below, pp. 79–80, 79n, 80n. 149. Keller, Second Great Awakening, pp. 183–84. 150. Below, p. 204. 151. For the end of coverture in Connecticut, see Christopher Collier, “The Campaign for Women’s Property Rights: Sarah Banks’s Story,” American Journal of Legal History, 54 (2014), 383–428. 152. Swift, Digest of the Laws, I, 21–24. 153. Below, pp. 97–98. 154. House Proceedings and Debates of May 7, 8, 1821: Mirror, May 14, 1821. INTRODUCTION xlix

catastrophe—it did not incorporate cruelty alone as a ground until 1843.155 This however, had not prevented the Assembly from granting a large number of divorces on the grounds of cruelty, very often coupled with allegations of violence, during recent decades.156 Temperance remained an idea whose time would not come until the mid to late 1820s. However, in 1819 Governor Wolcott did call upon the legislators to levy duties on “ardent spirits,” whether domestic or imported. More than a revenue measure, which would be just “an incidental advantage,” Wolcott, in one of his strongest statements on temperance, declared that “[a]n excessive consumption of ardent spirits, is probably the most extensive source of poverty and vice, which exists in modern times. Any and every means, consistent with the principles of free Government, which tends to diminish the consumption ought therefore to be adopted, as regulations of a wise and benevolent police.” He called for similar taxes in 1821, though without the same moral fervor. His 1822 message, in addition to appealing for a tax on spirits, noted the mixed blessing of distillation: while spirits were “injurious to mankind,” their manufacture has the benefit of “furnish[ing] a market for grain & fruits, which are productions of our soil.” He concluded by proposing other regulations on the sale of distilled spirits.157 The Assembly did not act on any of these recommendations during the years under consideration. In its only measure relating to alcoholic drinks, the legislature in 1821 incorporated the Hartford Brewing Company to produce porter, ale, and malt liquors.158 Although Connecticut churchmen were soon to march in the ranks of moral reformers fighting intemperance, that particular crusade considered distilled spirits, such as whiskey or rum, as the enemy; they held cider, beer and wine as healthful beverages. Dr. Benjamin Rush’s influ- ential 1784 pamphlet, An Inquiry into the Effects of Spiritous Liquors, which underwent multiple reprints with a circulation of more than 170,000 copies, reinforced these distinctions during the era before the Civil War.159

155. Jan. E. Lewis, “A Revolution for Whom? Women in the Era of the American Revolu- tion,” in A Companion to American Women’s History (ed. Nancy A. Hewitt; Oxford, 2002), p. 91; Norma Basch, Framing American Divorce: From the Revolutionary Generation to the Victorians (Berkeley, 1999), pp. 40, 45, 47; Henry S. Cohn, “Connecticut’s Divorce Mechanism: 1626-1969,” American Journal of Legal History, 14 (1970), 43–44, 46–48. See also Hendrik Hartog, Man & Wife in America: A History (Cambridge, Mass., 2000). 156. S.R., VIII, 423, 423, 423–34, 477-478; IX, 60–61, 72, 134, 372–73; X, 80–81, 144, 361– 62; XII, 72, 95; XIV, 337–38; XIX, 423, 423–24. 157. S.R., XX, 159; below, pp. 312–13. 158. Below, pp. 109–11, 109n. 159. Keller, Second Great Awakening, p. 138n; William J. Rorabaugh, The Alcoholic Republic (Oxford, 1979) , pp. 40–41, 44. The 1790 edition of Rush’s book contained “A Moral and Physical Thermometer,” a table divided into two parts, “Temperance” and “Intemperance.” The table rated various beverages, noting their effects. The “Temperance” half included water, milk and water, small beer, cider, wine, porter, and strong beer—all with positive effects. The “Intemperance” half l INTRODUCTION

Routine Business

During the years covered by this volume, the Assembly incorporated the new towns of Bridgeport, Chaplin, and Orange and established borough and village governments in Danbury and Wethersfield.160 It also adopted an 1821 act permitting cities to regulate the transportation and storage of gunpowder.161 In addition, it passed acts and resolutions relating the affairs of specific localities, including resolutions regarding fire companies in individual towns; a measure providing for the clearing of a meadow in Middletown; an authorization for Hartford to install a bell in the State House; and a resolution regulating common lands in Middletown and Chatham.162 The legislators rejected other petitions regarding local affairs, most notably when they objected to a request by inhabitants of Cheshire and Southington for a change in the town line; a committee observed that “if the General Assembly should adopt the principle of altering town & even county lines long established for the convenience of individuals merely,” it would establish a dangerous and unwanted precedent.163 In 1822, the legislators authorized towns to regulate and repair private roads in addition to public highways and clarified a toll rate on ferries.164 In addition, the Assembly passed numerous resolutions relating to the affairs of specific banks, insurance companies, factories, turnpike and bridge companies, highway districts, ferries, and fisheries. The legislators also considered, but either rejected outright or tabled, a number of requests relating to such entities. These included a petition from the Hartford Bridge Company, whose affairs had been much before the Assembly in recent years, following up an 1820 request for an increase in tolls with another one; the Assembly refused to act on both.165 In the case of a request from Lisbon to abate state taxes because of the large number of bridges the town was required to maintain, a legislative committee observed, in rejecting the measure, that many towns were in similar situations and that it would “be a dangerous precedent” to grant the request.166 Finally, the Assembly devoted attention to issues of concern to private individuals, includ- listed beverages, vices, diseases and punishments, the latter classification beginning with “Debt” and “Black-Eyes,” and ending with “Gallows.” 160. Below, pp. 85–88, 85–86n, 230–39, 230n, 232n, 234n, 236n. 161. Below, 53, 53n. 162. Below, pp. 101, 101n, 103–4, 104n, 200, 200n, 218, 238, 239, 285–87, 285n, 287. 163. Another rejected bill would have limited the times at which unliquidated claims could be filed against towns to one year: Rejected Bills, Box 5, 1818–1821, folder 18, 1821, item 65. 164. Below, pp. 192–93, 192n. 165. Rejected Bills, Box 6, 1821–1824, folder 7, 1822, items 75–76; House Proceedings of May 31, 1821: Mirror, June 4, 1821. For the company’s unsuccessful 1820 petition, see S.R., XX, 349, 349n; the index to that volume contains additional references to the company’s activities and the controversies that they had engendered in the years since the bridge was damaged by ice in 1818. 166. Rejected Bills, Box 6, 1821–1824, folder 8, 1822, items 95–96. INTRODUCTION li

ing lands owned by incompetents, foreigners’ petitions to hold property in the state, and prisoners’ requests for release, granting relief to many, but tabling or rejecting others. As usual, the Assembly’s work during these years combined the routine and the innovative as Connecticut moved away from the period of political, constitutional, and ecclesiastical controversy into a new era of economic development, religious change, and social reform.

LIST OF ACTS

May 1821

An act for appointing the times and places of holding the courts therein mentioned 48 An act for the appointment of State Attornies 50 An act regulating Civil Actions 50 An act in alteration of an act entitled “an act in addition to an act laying a duty in certain cases,” passed May Session, 1820 51 An act in alteration of an act in addition to an act, entitled “an act for forming and conducting the military force of this state,” passed May Session 1820 52 An act to prevent the spreading of the Canada Thistle 52 An act extending the powers of the several cities in this state 53 An act in addition to an act entitled “an act to incorporate a saving society in the city of Hartford” 54 An act further to enable the Baptist Trustees to execute the duties of their trust 55 An act relative to the collectors of Taxes 56 An Act for continuing the Town of Bridgeport a part of the Probate District of Stratford 57 An act in addition to an act entitled “an act for constituting and regulating courts, and appointing the times and places of holding the same” 57 An act in addition to an act entitled “an act imposing a duty on sales at auction, in certain cases” 58 An act for confirming the statute laws of this state, as revised by the General Assembly, at the present session 59

May 1822

An act authorizing limited Partnerships in certain cases 179 An act to regulate the Inspection of Provisions, and other articles of Commerce 181 An act in alteration of an act, entitled “an act regulating the election of Senators and Representatives for this state, in the Congress of the United States” 189 An act in addition to an act, entitled “an act for the settlement of estates, testate, intestate and insolvent” 190 An act in alteration of an act, entitled “an act for the settlement of estates testate, intestate and insolvent” 190 liv LIST OF ACTS

An act in addition to an act relating to Guardians and Minors 191 An act in addition to “an act for constituting and regulating courts, and for appointing the times and places of holding the same” 191 An act in addition to an act, entitled “an act relating to highways and bridges” 192 An act in addition to an act, entitled “an act relating to Ferries” 192 An act in addition to an act, entitled “an act relating to Sign-Posts” 193 An act in addition to the act, entitled “an act concerning Crimes and Punishments” 193 An act in addition to an act, entitled “an act for the regulation of Civil Actions” 194 An act relating to Oaths 194 An act in addition to an act, entitled “an act for constituting and regulating Courts, and for appointing the times and places of holding the same” 195 An act in further alteration of an act, entitled “an act for constituting and regulating courts, and for appointing the times and places of holding the same” 195 An act in alteration of an act, entitled “an act for encouraging and regulating Fisheries” 196 An act concerning the students at Yale College 196 An act in addition to the act, entitled “an act to incorporate Medical Societies, and to establish the Medical Institution of Yale-College” 197 An act in addition to an act, entitled “an act concerning New-gate Prison” 198 An act in addition to an act, entitled “an act to secure the city of Hart- ford from damage by fire” 199 An act in alteration of an act, entitled “an act incorporating the cities of Hartford, New-Haven, New-London, Norwich, and Middletown” 199 An act in addition to an act, incorporating the Boroughs of Bridge- port, Stonington, Guilford, Killingworth and Essex 200 An act in addition to an act for constituting and regulating courts, and for appointing the times and places of holding the same 200 An act in addition to an act, entitled “an act prescribing the number of Jury-men for each town in this state” 200 An act to annex the town of Orange to the Probate District of New- Haven, and prescribing the number of Jurors for said town 201 An act to incorporate the Windham county Bank 202 An act to incorporate the Stonington Bank 206 An act to protect the citizens of Connecticut in their right to navigate boats or vessels moved by fire or steam 210 LIST OF ACTS lv

An act in addition to an act, entitled “an act to provide for the assessment and collection of Taxes” 212 An act in alteration of an act, entitled “an act for the assessment of Taxes” 212 An act in addition to an act relating to the office and duty of the Sec- retary of the state 213 An act to correct certain mistakes in the revised statutes 213 An act in addition to the act relative to incorporated Banks 214

At a General Assembly of the state of Connecticut, holden at Hartford in said state, on the first Wednesday of May, in the year of our Lord one thousand eight hundred and twenty-one;

Present1

His Excellency Oliver Wolcott, Esquire, Governour; His Honor Jonathan Ingersoll, Esquire, Lieutenant Governour; The Honourable Frederick Wolcott Elias Perkins David Tomlinson Sylvester Wells John S. Peters Enoch Burrows Senators. David Hill Joshua Stow Orange Merwin David Plant and Dixon Hall, Esquires,

1. The session ran from May 2 through June 5, 1821: House Journal. For the context of the 1821 elections, see above, pp. xvii–xviii. All eleven state senators listed below were on the Repub- lican nomination ticket adopted in May 1820: Times, Mar. 13, 1821. Four senators from 1820 did not return: Jonathan Brace, a holdover from the era of Federalist ascendency, and more recently- elected Republicans Elijah Boardman, who had been subsequently appointed to the U.S. Senate; Curtis Hinman, who died in 1820; and Peter Webb. S.R., XX, 191, 191n, 197, 197n. Three new senators, all associated with the Reform movement, appeared on the list. Orange Merwin (1777– 1853), a former representative from New Milford, had taken a prominent role in the constitutional convention of 1818 and as an advocate of tax reform in 1819 and 1820; he served in the U.S. House of Representatives from 1825 to 1829. Biographical Directory of Congress. David Plant of Stratford had served as speaker of the Connecticut House of Representatives in 1819 and 1820 and in the 1818 convention; for his biography, see S.R., XX, 5n. Like Merwin and Plant, Dixon Hall (ca. 1767–1822), a former state representative from Sterling, had served in the 1818 convention. Hale Collection of Connecticut Cemetery Inscriptions and Newspaper Death Notices, CSL. The 1818 constitution, of course, had mandated twelve rather than eleven members. Samuel A. Foot had been included in the Republican nomination ticket and votes for him are indicated in the newspapers and at one point in the Public Records (Times, Mar. 13, Apr. 24, 1821; Courant, Apr. 24, 1821, below, p. 7. However, his name does not appear in the official list below or in the Senate Journal (May 2, 1821); rather, he served in the House of Representatives as a delegate from Cheshire, as documented below, p. 2, and in the newspaper accounts of legislative proceedings. At its opening session, the Senate elected Frederick Wolcott president pro tempore and William W. Boardman clerk: Senate Journal, May 2, 1821. 2 PUBLIC RECORDS May,

The Representatives from the several towns, were2

Luther Savage, Nathan Johnson from Hartford Elijah Francis, Samuel Hart from Berlin Tracey Peck from Bristol Sylvester Norton from Burlington Alvin Humphrey from Canton Shubael Griswold, Ralph R. Phelps from East-Hartford Epaphras L. Phelps, Eli B. Haskell from East-Windsor Henry Terry, William Dixon from Enfield Timothy Pitkin, John Mix from Farmington George Risley, David E. Hubbard from Glastenbury Henry Pratt, Alpheus Hayes from Granby Warham Williams, Jared Newell from Hartland Elisha Buell from Marlborough Elisha Phelps, Ariel Mitchelson from Simsbury Chester Grannis, Roswell Moore from Southington Luther Loomis, Samuel Smith from Suffield Asher Robbins, William Williams from Wethersfield James Newberry, Hezekiah Chaffee from Windsor Ralph I. Ingersoll, William Mix from New-Haven Ebenezer Linsley Junr., John Potter from Branford Rufus Hitchcock, Samuel A. Foot from Cheshire Jeremiah French from Derby

2. On April 10, 1821, the Herald reported, without attempting to estimate numbers, that “the Republican majority of the Legislature will be as large as could be wished.” The Mercury (Apr. 10, 1821) predicted “a larger majority . . . than ever.” In June a letter writer in the Courant (“Z,” June 26, 1821), observed that “the house may be divided into three classes, viz.: about 70 federalists, 90 old school Republicans, and 40 tolerationists. This last description of characters are well known to be apostate federalists, possessed of a moderate share of talents and a large portion of vanity, and, until quite lately, were the most bitter revilers of those with whom now they attempt to associate.” On the first day of the session, Hartford representative and House clerk Nathan Johnson moved successfully that a committee be appointed to review the election certificates of members; these had previously been read before the entire House, presumably consuming valuable legislative time. The newly-formed committee proceeded to report an irregularity in the choice of the representatives from Danbury, the electors’ meeting having been held a day later than required by law; the House passed a resolution seating the town’s members. House Proceedings and Debates of May 2, 3, 1821: Mirror, May 7, 1821. The House also revised its rules of procedure, resolving that individual votes be recorded if one-fifth of the members requested it. They also debated an unsuccessful proposal by Samuel A. Foot to require all members present to vote on every measure presented by the speaker, unless excused by the House, and to force a vote if a quorum was present. Nathan Johnson thought the proposal too “severe” and defended the right of representatives to act independently, even if it meant abstaining from a vote. General Assembly Papers, 1821, Box 1, folder 8, item 16; folder 21, item 19; House Proceedings and Debates of May 18, 1821: Mirror, May 28, 1821. 1821 OF CONNECTICUT 3

Philemon Holt from East-Haven Nathaniel Griffing, William Todd from Guilford Joel Ford from Hamden Levi Yale from Meriden Philo Bronson from Middlebury Samuel B. Gunn, Samuel Durand Jr. from Milford Daniel Pierpont from North-Haven Abel Wheeler from Oxford Truman Moseley from Southbury Abel Cooke, Ira Yale from Wallingford Obadiah Warner, Elias Ford from Waterbury Herman Hall from Wolcott Noyes Darling, Adonijah French from Woodbridge Christopher Manwaring, Henry Mason from New-London Elisha Tracey, Asa Roath from Norwich Ezra Lathrop from Bozrah John R. Watrous, John Isham Jr. from Colchester Burral Woodworth from Franklin Alexander Stewart Jr. from Griswold Nathan Niles, Elisha J. Stoddard from Groton Tyler Brown from Lisbon John S. Rogers, Daniel Anderson from Lyme Nathaniel Bradford from Montville John Langworthy Jr., Benjamin Pomeroy from North-Stonington Henry Brown, Joseph W. Brewster from Preston Mumford Dolbear from Salem Giles R. Hallam, Asa Fish from Stonington Comstock Chapel from Waterford Abraham D. Baldwin, Jonathan Bulkley Junr. from Fairfield Elijah Gregory, Eden Andrews from Danbury Zar Starr from Brookfield Thaddeus Bell from Darien Stephen Waring, Jared Smith from Greenwich Nathan G. Birdsey, Andrew Leavenworth from Huntington Stephen Hoyt from New-Canaan Samuel T. Barnum from New-Fairfield Timothy Shepard, Zechariah Clark Junr. from Newtown Moses Gregory, James Quintard Junr. from Norwalk Daniel Barlow, Seth Wheeler from Reading Benjamin Lines, Aaron Lee from Ridgefield Jedediah Graves from Sherman Joseph Wood, Charles Hawley from Stamford 4 PUBLIC RECORDS May,

Wilson Hawley, Asa Curtiss from Stratford Eli Edwards from Trumbull Oliver C. Sanford, Abel Gregory from Weston Bela St. John from Wilton Vine Robinson from Brooklyn John N. Sumner, David Keyes from Ashford Asahel Bacon, Ephraim Safford from Canterbury Gershom Dorrance from Columbia Solomon Taintor from Hampton Penuel Hutchins, Joseph Buck from Killingly Abel Goodwin, David Hutchinson from Lebanon Heman Storrs, Stephen Brigham from Mansfield John Dunlap, Joseph Eaton from Plainfield Darius Matthewson, George Sharpe from Pomfret John Thurston from Sterling James Wheaton, Stephen Crosby from Thompson Minor Robbins from Voluntown Zephaniah Swift, Edmund Badger from Windham John Payne, Theophilus B. Chandler from Woodstock John Welch, Seth P. Beers from Litchfield John Merrills, Elijah Jones from Barkhemsted Joseph H. Bellamy from Bethlem Asa S. Brewster, Benajah Douglass from Canaan Launcelot Phelps, Henry Bass from Colebrook William Bennett, Samuel Hopkins from Cornwall Noah Humphrey, Moses Cook from Goshen Eli Candee, Marvin Griswold from Harwinton Nathan Slosson Junr. from Kent Asa Goodwin, James Henderson from New-Hartford Daniel A. Picket, Eli Todd from New-Milford Lawrence Mills, Elizur Munger from Norfolk Calvin Butler from Plymouth Silas Minor from Roxbury Newman Holly, Samuel Church from Salisbury Ansel Sterling, Samuel R. Gager from Sharon Abel Hinsdale, John Gillett Junr. from Torrington Homer Sackett from Warren Curtis Hicox, Ensign Bushnell from Washington Holbrook Curtis from Watertown Hosea Hinsdale, Matthew Adams from Winchester Daniel Bacon, Samuel Steele from Woodbury Seth Paddock, Elisha Treat from Middletown 1821 OF CONNECTICUT 5

Simon Shaler, George W. Smith from Haddam George White, Ira Lee from Chatham Bridgeman Guernsey, Dennis Camp from Durham Richard Lord, William Palmer from East-Haddam Jared Elliott, Jedediah Harris from Killingworth John Ayre, Joseph Hill from Saybrook Calvin Willey, Hezekiah Nye from Tolland Jabez L. White Junr. from Bolton Daniel White, Eleazer Pomeroy from Coventry Joseph Abbott from Ellington Abner Hendee, Eleazer Sweetland from Hebron Amariah Kibbe, Solomon Fuller from Somers Rufus Leonard, Rhodolphus Woodworth from Stafford David Lawson, Menasseh Howard from Union Francis McLean from Vernon Hiram Rider, Ebenezer Root from Willington

Elisha Phelps, Esquire, Speaker Nathan Johnson & Seth P. Beers, Esqrs. clerks.3

Resolved that the Honourable Sylvester Wells together with Samuel A. Foot and Henry Terry, Esquires, be a committee to examine the returns of votes given for Governour, Lieutenant-Governour, Treasurer and Secretary, for the year ensuing, and report the names of the persons chosen to those respective offices, and a resolution declaring their election.

3. Phelps had served as a clerk in 1818, Johnson in 1820; Phelps was currently a U.S. representative. For brief biographies, see S.R., XIX, 4n, XX, 194–95n. Seth Preston Beers (1781–1863) attended the Litchfield Law School and entered the bar in 1805. A justice of the peace in Litchfield County, he previously served in the House of Representatives in 1820, when he sponsored an important bill on the funding of the public schools. Later, he served as House speaker and state senator before his appointment in 1825 to a long term as commissioner of Connecticut’s School Fund. Website of the Litchfield Historical Society at http://www.litchfieldhistoricalsociety.org/ledger/ students/259 (Nov. 27, 2014); S.R., XX, l. Phelps received 143 votes out of 193; Johnson received 149 out of 179; and Beers received 159 out of 182, all on a second ballot. House Proceedings of May 2, 1821: Mirror, May 7, 1821. On the penultimate day of the session, the House voted to allow the speaker and the clerks $10 more than their usual compensation of $30 and $20 respectively; according to Representative John Welch of Litchfield, “the session had been a lengthy one and the duties arduous.” House Proceed- ings and Debates of June 4, 1821: Mirror, June 11, 1821. 6 PUBLIC RECORDS May,

The committee appointed by the General Assembly, to examine the list of votes for Governour, Lieutenant Governour, Treasurer, and Secretary, prepared by the Treasurer, Secretary and Controller, together with the returns of votes, accompanying said lists, beg leave to report; That they have attended to the duty assigned them, and find the whole number of votes given for Governour of this state, is eleven thousand six hundred and eighteen, of which, His Excellency Oliver Wolcott received ten thousand and sixty four, and is duly elected Governour of this state, for the year ensuing. The committee further find, that the whole number of votes given for Lieu- tenant Governour is seven thousand nine hundred and seventy three, of which His Honour, Jonathan Ingersoll, received seven thousand three hundred and fifty four, and is duly elected Lieutenant Governour of this state, for the year ensuing— The committee further find, that the whole number of votes given for Trea- surer of this state, is seven thousand one hundred and fifty five; of which Isaac Spencer, Esquire, received six thousand one hundred and ninety two, and is duly elected Treasurer of this state, for the year ensuring. The committee further find, that the whole number of votes given for Secre- tary, is five thousand six hundred and ninety three; of which Thomas Day, Es- quire, received five thousand six hundred and six, and is duly elected Secretary of this state, for the year ensuing. All which is respectfully submitted together with the accompanying resolutions. Per order; Sylvester Wells, Chairman.

Resolved by this Assembly, that the foregoing report be accepted, and in pursuance thereof, His Excellency, Oliver Wolcott is hereby declared to be duly elected Gover- nour of this state, for the year ensuing. His Honour Jonathan Ingersoll, is hereby declared to be duly elected Lieu- tenant Governour of this state, for the year ensuing— Isaac Spencer, Esquire, is hereby declared to be duly elected Treasurer of this state, for the year ensuing. Thomas Day, Esquire, is hereby declared to be duly elected Secretary of this state, for the year ensuing.

To the Honourable General Assembly of the state of Connecticut, now in session— The undersigned, being designated by the constitution of this state, to canvass the votes for Senators, given in by the electors, at their meetings in the several towns in this state, on the first Monday of April 1821, respectfully report; 1821 OF CONNECTICUT 7

That they entered on the duty assigned them, on the 17th day of April 1821, and pubickly canvassed, within said month of April, the votes for senators, given in as aforesaid, and returned according to the constitution and laws of this state; that the said votes were returned duly authenticated, and were received at the Secretary’s office, within fifteen days after said elector’s meetings, except from the towns of Sherman, Hamden and Union; the former of which, being returned by mail, did not reach Hartford until after the expiration of the said fifteen days; the return from Hamden did not specify the year in which the Elector’s meeting was held, and that from Union, specified a different year from the present; the votes from these three towns, were therefore rejected; and that the twelve persons having the greatest number of votes, received and counted, are the following, to wit.4 Frederick Wolcott Elias Perkins David Tomlinson Sylvester Wells John S. Peters Enoch Burrows David Hill Joshua Stow Orange Merwin David Plant Dixon Hall and Samuel A. Foot— who were, thereupon, declared to be elected Senators of this state, for the year ensuing. A list of all the persons voted for as Senators, with the number of votes given for each, together with the returns of the presiding officers in the several towns, accompany this report, and are herewith submitted for inspection. Dated at Hartford, the 2d day of May 1821. Isaac Spencer, Treasurer. Thomas Day, Secretary. James Thomas, Controller.—

4. For the anomaly of Samuel Foot’s election to both the House and the Senate, see above, p. 1n. 8 PUBLIC RECORDS May,

The oath prescribed by the constitution of this state, was duly administered to Frederick Wolcott Elias Perkins David Tomlinson Sylvester Wells John S. Peters Enoch Burrows David Hill Joshua Stow Orange Merwin David Plant and Dixon Hall, Esquires, Senators of this state; who, thereupon, severrally, took their seats in the Gen- eral Assembly, accordingly.

The oath prescribed by the constitution of this state, was duly administered to Isaac Spencer, Esquire, now chosen Treasurer of this state. The oath prescribed by the constitution of this state, was duly administered to Thomas Day, Esquire, now chosen Secretary of this state.

To the Honourable General Assembly of the state of Connecticut, now in session; The undersigned, being designated by the constitution of this state, to count the votes given in by the Electors, at their meetings in the several towns in this state, on the first Monday of April 1821, respectfully report, That they entered upon the duty assigned them, on the 17th day of April 1821, and within said month of April, counted the votes for representatives of the people of this state, in the Congress of the United States, given in as aforesaid, and returned according to the constitution and laws of this state; that the said votes were returned duly authenticated, and were received at the Secretary’s office within fifteen days after said Elector’s meetings, from all the towns in the state, except Sherman, Sharon, Coventry and Union, the former of which being returned by mail, did not reach Hartford until after the expiration of said fifteen days; the return from Sharon was not sealed, no return was made from Coventry; and that from Union, specified a different year from the present; the votes of these towns were, therefore, rejected, and that the seven persons having the greatest number of votes are the following, viz.5

5. This slate of U.S. representatives corresponded, with one exception, to the Republican nomination made the previous spring. The exception was Calvin Willey, who had run afoul of Repub- licans in his home county of Tolland by accepting nomination on the Federalist-sponsored Union Republican ticket in 1820. By late March, the Times (Mar. 27, 1821) substituted Daniel Burrows for Willey on the ticket “at the request of the republicans in Tolland County, opposed to the election of Mr. Willey.” See also Brownsword, “Political Patterns,” pp. 166–69. 1821 OF CONNECTICUT 9

Gideon Tomlinson Noyes Barber Henry W. Edwards John Russ Ebenezer Stoddard Ansel Sterling and Daniel Burrows— Who were, thereupon, declared to be duly elected representatives of the people of this state, in the Congress of the United States, for the term of two years, commencing on the fourth day of March last. A list of all the persons voted for, as representatives in Congress, with the number of votes given for each, together with the returns of the presiding officers in the several towns, accompany this report, and are herewith submitted for inspection. Dated at Hartford, the 9th day of May 1821. Isaac Spencer, Treasurer Thomas Day, Secretary James Thomas, Controller.

This Assembly do appoint James Thomas, Esquire, Controller of public accounts of this state, for the year ensuing.—

Four members of the previous delegation did not return: Jonathan O. Moseley, a holdover from the era of Federalist domination, and Reformers James Stevens, Elisha Phelps, and Samuel A. Foot. None of them were included in the Republican nomination; Stevens and Foot were dropped because they had cast unpopular votes on the Missouri Compromise. See S.R., XX, lvii–lviii; that discussion is inaccurate: Stevens and Foot did not technically fail at re-election since they were not part of the nomination in the first place; and the Congressional election took place in spring 1821, as documented here, and not in fall 1820. Four new congressmen were elected in their place. Noyes Barber (1781–1844) attended the Li- tchfield law school, became a merchant in Groton and a militia officer during the War of 1812, and was currently a justice of the peace in New London county. He served continuously in Congress until 1835. Litchfield Historical Society website:http://www.litchfieldhistoricalsociety.org/ledger/ students/3122 (Nov. 27, 2014). Ebenezer Stoddard (1785–1847) attended Woodstock Academy and Brown University; he was admitted to the bar in 1810 and practiced in Woodstock. He was in Congress for two terms and later served in the Connecticut state senate and as lieutenant governor. He was currently a justice of the peace for Windham County, a commissioner on the Connecti- cut–Massachusetts boundary, and a commissioner of the Windham County Bank. Daniel Burrows (1766–1858), ordained as a Methodist minister, had been a state representative for Hebron and a member of the 1818 constitutional convention; like Stoddard, he was a boundary commissioner. He moved to Middletown, where he became U.S. customs inspector after his single term in Con- gress. For Ansel Sterling’s biography, see S.R., XX, 5n. Information on all four men can be found in Biographical Directory of Congress. 10 PUBLIC RECORDS May,

This Assembly do appoint Lemuel Whitman, Esquire, Chief Judge of the county court, for the county of Hartford, for the year ensuing. This Assembly do appoint Isaac Mills, Esquire, Chief Judge of the county court, for the county of New-Haven, for the year ensuing. This Assembly do appoint the Hon. Elias Perkins, Chief Judge of the county court, for the county of New-London, for the year ensuing.— This Assembly do appoint Robert Fairchild, Esquire, Chief Judge of the county court, for county of Fairfield, for the year ensuing. This Assembly do appoint David Bolles, Esquire, Chief Judge of the county court, for the county of Windham, for the year ensuing. This Assembly do appoint Augustus Pettibone, Esquire, Chief Judge of the county court, for the county of Litchfield, for the year ensuing. This Assembly do appoint Asher Miller, Esquire, Chief Judge of the county court, for the county of Middlesex, for the year ensuing. This Assembly do appoint Sylvester Gilbert, Esquire, Chief Judge of the county court, for the county of Tolland, for the year ensuing.

This Assembly do appoint Jonathan Brace, Esquire, Judge of Probate, for the district of Hartford, for the year ensuing. This Assembly do appoint Isaac Mills, Esquire, Judge of Probate, for the district of New-Haven, for the year ensuing. This Assembly do appoint Moses Warren, Esquire, Judge of Probate for the district of New-London, for the year ensuing. This Assembly do appoint the Hon. David Hill, Judge of Probate for the district of Fairfield, for the year ensuing. This Assembly do appoint John Baldwin, Esquire, Judge of Probate for the district of Windham, for the year ensuing. This Assembly do appoint the Hon. Frederick Wolcott, Judge of Probate, for the district of Litchfield, for the year ensuing. This Assembly do appoint Asher Miller, Esquire, Judge of Probate, for the district of Middletown, for the year ensuing. This Assembly do appoint Ebenezer Young, Esquire, Judge of Probate, for the district of Plainfield, for the year ensuing. This Assembly do appoint Reuben Elliott, Esquire, Judge of Probate for the district of Guilford, for the year ensuing— This Assembly do appoint Augustus Pettibone, Esquire, Judge of Probate for the district of Norfolk, for the year ensuing. This Assembly do appoint Nathan Preston, Esquire, Judge of Probate for the district of Woodbury, for the year ensuing. This Assembly do appoint Simeon H. Minor, Esquire, Judge of Probate for the district of Stamford, for the year ensuing. 1821 OF CONNECTICUT 11

This Assembly do appoint Reuben Booth, Esquire, Judge of Probate, for the district of Danbury, for the year ensuing. This Assembly do appoint Benjamin Trumbull, Esqr. Judge of Probate, for the district of East-Haddam, for the year ensuing. This Assembly do appoint John Hyde, Esquire, Judge of Probate, for the district of Norwich, for the year ensuing. This Assembly do appoint Lemuel Grosvenor, Esquire, Judge of Probate, for the district of Pomfret, for the year ensuing. This Assembly do appoint Samuel Church, Esquire, Judge of Probate, for the district [of] Sharon, for the year ensuing. This Assembly do appoint Calvin Willey, Esquire, Judge of Probate, for the district of Stafford, for the year ensuing. This Assembly do appoint Elisha Phelps, Esquire, Judge of Probate, for the district of Simsbury, for the year ensuing. This Assembly do appoint Wm. Williams, Esqr. of Groton, Judge of Pro- bate, for the district of Stonington, for the year ensuing. This Assembly do appoint Lemuel Whitman, Esquire, Judge of Probate, for the district of Farmington, for the year ensuing. This Assembly do appoint Rufus Hitchcock, Esquire, Judge of Probate, for the district of Wallingford, for the year ensuing. This Assembly do appoint William Lynde, Esquire, Judge of Probate, for the district of Saybrook, for the year ensuing.— This Assembly do appoint the Hon. David Plant, Judge of Probate, for the district of Stratford, for the year ensuing. This Assembly do appoint Henry Terry, Esquire, Judge of Probate, for the district of East-Windsor, for the year ensuing. This Assembly do appoint John Kingsbury, Esquire, Judge of Probate, for the district of Waterbury, for the year ensuing. This Assembly do appoint William M. Betts, Esquire, Judge of Probate, for the district of Norwalk, for the year ensuing. This Assembly do appoint Jehiel Williams, Esquire, Judge of Probate, for the district of New-Milford, for the year ensuing. This Assembly do appoint Sylvester Gilbert, Esquire, Judge of Probate, for the district of Hebron, for the year ensuing. This Assembly do appoint Joab Griffin, Junr. Esquire, Judge of Probate, for the district of Granby, for the year ensuing. This Assembly do appoint Samuel C. Blackman, Esqr. Judge of Probate, for the district of Newtown, for the year ensuing. This Assembly do appoint Oliver Pease, Esquire, Judge of Probate, for the district of Suffield, for the year ensuing. 12 PUBLIC RECORDS May,

This Assembly do appoint Thomas Day, Esquire, Associate Judge of the county court for the county of Hartford, for the year ensuing. This Assembly do appoint John M. Niles, Esquire, Associate Judge of the county court for the county of Hartford, for the year ensuing. This Assembly do appoint Abel Wheeler, Esquire, Associate Judge of the county court for the county of New-Haven, for the year ensuing. This Assembly do appoint John Humphreys Junr. Esqr. Associate Judge of the county court for the county of New-Haven, for the year ensuing. This Assembly do appoint Benjamin Coit, Esquire, Associate Judge of the county court of New-London, for the year ensuing. This Assembly do appoint William Randall, Esquire, Associate Judge of the county court of New-London, for the year ensuing. This Assembly do appoint Stephen Wheeler, Esquire, Associate Judge of the county court for the county of Fairfield, for the year ensuing. This Assembly do appoint Zalmon Wildman, Esquire, Associate Judge of the county court for the county of Fairfield, for the year ensuing. This Assembly do appoint James Gordon Junr. Esquire, Associate Judge of the county court for the county of Windham, for the year ensuing. This Assembly do appoint Artemas Gurley, Esquire, Associate Judge of the county court for the county of Windham, for the year ensuing. This Assembly do appoint Martin Strong, Esquire, Associate Judge of the county court for the county of Litchfield, for the year ensuing. This Assembly do appoint John Welch, Esquire, Associate Judge of the county court for the county of Litchfield, for the year ensuing. This Assembly do appoint Joshua Stow, Esquire, Associate Judge of the county court, for the county of Middlesex, for the year ensuing. This Assembly do appoint Joel Pratt, Esquire, Associate Judge of the county court, for the county of Middlesex, for the year ensuing. This Assembly do appoint Ingoldsby W. Crawford, Esqr. Associate Judge of the county court for the county of Tolland, for the year ensuing. This Assembly do appoint Eliphalet Young, Esquire, Associate Judge of the county court for the county of Tolland, for the year ensuing.

This Assembly do appoint John T. Peters, William Moseley, Elisha Colt, John Caldwell, Thomas Day, Joseph Trumbull, John Russ, Hezekiah Hunting- ton, Isaac Spencer, Luther Savage, Nathaniel Seymour, Henry Seymour, Na- than Johnson, Talcott Wolcott, John M. Niles, Nathaniel Goodwin, Charles Sigourney, Thomas K. Brace, Isaac Tousey, Charles Shepard of Suffield, Daniel Dunbar, Jabez Langdon, Andrew Pratt, Luther Beckley, Samuel Hart, Thomas Lee, Benjamin Allen, John Dunham 2d, Enos Ives, Joel Truesdale, Philip Gaylord, Cornelius B. Andrews, Simeon Hart, Elias Wooden, William Marks, Solomon Everest, James Humphreys, Jared Mills Junr., Benjamin 1821 OF CONNECTICUT 13

Weed, Junr., Samuel Pitkin, Levi Goodwin, George Cheeney, Lemuel White, Dudley Woodbridge, Joseph Treat, Timothy Ellsworth, Jonathan Bartlet, Joel Holkins, Eli B. Haskell, Godfrey Scarborough, Jonathan Pasco, Asher Allen, Daniel Hayden, Horace Barber, Erastus Strong, Elliott Grant, Henry Terry, Elam O. Potter, William Dixon, Lorrain T. Pease, Lemuel Kingsbury, Jabez Collins, John Mix, Timothy Pitkin, George Norton, Horace Cowles, Noadiah Woodruff, Amasa Woodford, Zephaniah H. Smith, Pardon Brown, David E. Hubbard, Samuel Wells, Jeremiah Stocking, George Merrick, Solomon Cole, Joab Griffin Junr., Joel Holcomb, James Dibble, Daniel Benjamin, Horace Clarke, James Forward, Philander Humphrey, Nathaniel Bosworth, Jared Newell, Ezra Doolittle, Eli Wilder, Wyllys Wright, Joel Foote, Israel Foote, Elisha Buel, Samuel F. Jones, Calvin Barber, William Mather, Elisha Phelps, Asaph Tuller, James Goodwin, Roger Whittlesey, John E. Benjamin, Theodore Byington, Joseph Clark, William Gay, Oliver Pease, Martin Sheldon, Andrew Denison, John Williams, Ezekiel P. Belden, Martin Kellogg Junr., Robert Fran- cis, Elijah Keach, William Webb, Edward Selden, Luther Fitch, Richard Niles, Joseph H. Russell, James Loomis, Oliver Thrall, Hezekiah Chaffee, Ephraim Willis, John A. Hart, Simeon Griswold, Joseph Pinney, John O. Pettibone, [and] Daniel B. Holcomb, Esquire[s], Justice[s] of the Peace, for the county of Hartford, for the year ensuing. Whereas Joseph Pitkin, Esquire, a Justice of the peace, for the county of Hartford, omitted, by mistake, to return the duties by him received, during the last year, by the time limited by law, but has since made his return, and settled with the Treasurer; This Assembly do appoint Joseph Pitkin, Esquire, Justice of the Peace for the county of Hartford, for the year ensuing, with full power and authority to execute the duties of said office, any law or usage to the contrary notwithstanding. Whereas Lemuel Whitman, Esquire, a Justice of the peace for Hartford county, has, by mistake, omitted to make return of duties by him received, on or before the 10th day of May, as by law prescribed, but has since made return, and settled with the Treasurer; This Assembly do appoint Lemuel Whitman, Esquire, Justice of the Peace for the county of Hartford, for the year ensuing; with power and authority to execute the duties of said office, any law or usage to the contrary notwithstanding. Whereas Wyllys Wright, Esquire, a Justice of the peace for Hartford county, has, by mistake, omitted to make return of duties by him received, on or before the 10th day of May, as by law prescribed, but has since made returns, and settled with the Treasurer; This Assembly do appoint Wyllys Wright, Esquire, a Justice of the Peace for the county of Hartford, for the year ensuing, with the power and authority to execute the duties of said office, any law or usage to the contrary notwithstanding.— 14 PUBLIC RECORDS May,

This Assembly do appoint William Bristol, Isaac Mills, Nathan Smith, Eli- sha Munson, Eli Whitney, Charles Denison, Eneas Munson Junr., Isaac Gil- bert, Charles Bostwick, John Hunt 2d, Chauncey Bunce, Benjamin Grannis, William Mix, Andrew Kidston, Lent Bishop, Ralph I. Ingersoll, James Barnes, Jared Bradley, Benjamin Sherman, Nathan Platt, Henry C. Flagg, James Bark- er, Benjamin Page, Jacob Frisbie Junr., Orin D. Squier, John Potter, Abraham Rogers Junr., Augustus Baldwin, Willoughby L. Lay, Calvin Frisbie, Henry Taintor, Andrew Hull, Rufus Hitchcock, William Law, Burrage Beach, Sam- uel Peck, Reuben W. Royce, Sheldon Curtiss, Philo Bassett, John Humphreys Junr., Russell Hitchcock, Eleazer Hemingway, Enos Hemingway, Degrasse Maltby, John Hemingway, Nathan Chidsey, Samuel Fowler, Reuben Elliot, John F. Meigs, David S. Fowler, Frederick Lee, Timothy Stone, William Spen- cer, George Griswold, Jared Scranton, William Todd, Henry Elliott, George Landon, Amasa Bradley, Russell Pierpont, Hezekiah J. Warner, Jared Bassett, Joseph Gilbert, Joel Ford, Jared Benham, Benajah Andrews, William Yale, Titus Ives, Nathaniel Richardson, Asahel Bronson, James D. Wooster, Wil- liam Durand, William Strong, Ichabod A. Woodruff, Jonathan Clark, Abijah Carrington, David Treat, Joshua Barnes, Justus Bishop, David Pierpont, Jacob Bassett, Giles Pierpont, Junr., David Tomlinson, Abel Wheeler, Charles Bun- nel, William Hinman, Moses Wheeler, Amos Johnson, Burton Canfield, John Pierce 2d, John Moseley, Gideon Judson, Aaron Hall, Samuel Cook, Amos Dutton, Caleb Cook Junr., Hunn [Hiram?] Munson, Malachi Cook, Ira Yale, James Scovil, John Kingsbury, Ashley Scott, Daniel Steele, Woodward Hotch- kiss, Truman Porter, Elias Ford, Andrew Adams, Ambrose Ives, Archibald Miner, Justus Thomas, Ezra Kimberly, George F. Peck, Archibald A. Perkins, Adonijah French, John Darling, Noyes Darling, [and] John Dibble, Esquire[s], Justice[s] of the Peace for the county of New-Haven, for the year ensuing. Whereas Samuel Peck, Esquire, by mistake, neglected to make a return of the duties by him received, for the year past, till after the time prescribed by law, but has since made a return thereof; This Assembly do appoint Samuel Peck, Esqr. a Justice of the Peace for the county of New-Haven, for the year ensuing.

This Assembly do appoint Jeremiah G. Brainard, Elias Perkins, Jacob B. Gurley, Ebenezer Learned, Isaac Thompson, William Stockman, Christopher Griffing, Oliver Champlin, Lodowick Fosdick, James Lanman, Benjamin Coit, Erastus Huntington, Simeon Thomas, Joseph Williams, James Stedman, Ben- jamin Snow, Charles P. Huntington, George Perkins, Farwell Coit, John Fan- ning, Eleazer Rogers, Charles Perkins, George Hill, Roswell Morgan, John Hyde, Benjamin Tracey, John H. Townsend, Joshua Stark, Gardner Avery, Ezra Lathrop, William Whiting, John R. Watrous, Benjamin Trumbull, Samuel A. Peters, John Bigelow, Zachariah Olmsted, Daniel Carrier, Ralph Isham, Ar- 1821 OF CONNECTICUT 15

temas Worthington, Eli Hartshorn, Ira Abel, Darius Frink, Joshua Tracey, Eli- sha Frink, William Clift, Welcome A. Browning, Simon Brewster, Alexander Stewart Junr., Jedediah Barstow, Ephraim Herrick 2d, Elias Brewster, Elisha Partridge, Thomas Stewart, Ebenezer Avery, Ralph Hurlbut, John O. Miner, Noyes Barber, Amos A. Niles, Roswell Fish, Rufus Smith, Philip Gray, John Spicer 2d, William Williams, Rodman Niles, Palmer Hewitt, Jedediah Randall, Caleb Avery, John Brewster, William Adams, Freeman Tracey, Daniel Braman, Joseph L. Lyon, Joseph Jewett, Nathan Brooks, Moses Warren, Joseph E. Ely, Ebenezer Brockway, Richard E. Selden, Charles Smith, Samuel B. Mather, Joel Loomis, Peter Comstock, Joseph Chadwick, Henry M. Wait, Ruel Royce Junr., Asahel Otis, Nathaniel Bradford, Jonathan Comstock, Stephen G. Thatcher, David Congdon, Joseph Lewis, Edward Stebbins, Stephen Avery, Elias Hewitt, Nathan Pendleton, Sands Cole, Chester Smith, Benjamin Pomeroy, William Randall Junr., John Langworthy Junr., Thomas Wheeler, Perez Hewitt, David Coates, Ichabod Brown, Stephen Meech, Denison Palmer, Jonathan Brewster, James Cooke, Elisha Story, Benjamin Harris, Robert S. Avery, Henry Perkins, Ebenezer A. Packer, Joseph Morgan, Vine Stoddard, Shubael Parks, Enoch Burrows, Isaac Williams 2d, William Randall, Park Williams, William Rob- inson, George Hubbard, Amos Gallup, Elias Brown, Gurdon Trumbull, Giles R. Hallam, Asa Fish, Alexander G. Smith, Elisha Faxon, Samuel F. Denison, Charles Avery, Benajah Gardner, Griswold Avery, Joshua B. Chapel, Edward R. Warren, Thomas S. Perkins, [and] Lot Kinney, Esquire[s], Justice[s] of the Peace for the county of New-London, for the year ensuing. Whereas Christopher Manwaring, Elisha Ayres and Coddington Billings, Esquire[s], Justices of [the] Peace, in the county of New-London, omitted, by mistake, to return the duties by them received, during the last year, by the 10th of May instant; but have since made their return of duties, and settled with the Treasurer; This Assembly do, therefore, appoint Christopher Manwaring, Elisha Ayres and Coddington Billings, Esquires, Justices of the Peace for the county of New-London, for the year ensuing, with full power and authority to execute the duties of said office, any law or usage to the contrary notwithstanding.

This Assembly do appoint David Hill, Samuel Rowland, Hull Bradley, Eliphalet Swift, Amos Burr, Gideon Tomlinson, John Hull, Jessup Wake- man, Jeremiah Sturges, Seymour Taylor, Gershom Burr, John Staples, Daniel B. Cooke, David Foote, Daniel N. Carrington, Samuel H. Phillips, William Cooke, Nathan Seeley, Phineas Taylor, Zalmon Wildman, Reuben Booth, Abel French, Ebenezer Beardsley, Lemuel Judson, Samuel Wheeler, Joseph Shelton, Samuel P. Mills, Philip Nichols, David B. Newton, Timothy S. Wells, Israel A. Beardsley, Isaac Richards, Nathan Seeley, Aaron Comstock, Jabez Treadwell, Samuel T. Barnum, David Lane, Billy Comstock, Jonathan R. Sanford, Wil- 16 PUBLIC RECORDS May,

liam Sanford, Jonathan Meeker, Hezekiah Read Junr., Aaron Sanford Junr., Joshua Ferris, William Knapp, Gilbert Close, David Wood, Asa Chapman, Timothy Shepard, Joseph B. Wheeler, Lamson Burch, Benjamin Hard, Adoni- ram Fairchild, Samuel C. Blackman, Zachariah Clark Junr., Henry Belden, Barnabas Marvin, Clark Bissell, Seth Taylor, Benjamin Isaacs, William M. Betts, Thaddeus Betts, James Quintard Junr., Thaddeus Bell, John Weed Junr., Smith Booth, Abiel K. Botsford, Samuel Stebbins, Jesse S. Bradley, Bradley Hull, Stephen C. Lines, Isaac Lewis, Lot Forrester, David Northrop, Jedidiah Graves, William Giddings, James A. Giddings, Stephen Beardsley, Ebene- zer Wheeler, James Beardsley Junr., Elihu Beach, James Beardsley, Amos H. Wheeler, Matthew Marvin, Ezekiel Sturges, Daniel Church Junr., Bela St. John, Robert Fairchild, Jabez H. Tomlinson, Elijah Ufford, Daniel Judson, David Plant, Noah Plumb, Isaac Sherman, Charles Winton, Ethan Sherwood, David Nichols, Philip A. Cannon, Ebenezer Seeley Junr., Jeremiah Rowland, Isaac Bennett, Oliver C. Sanford, Simeon Fanton, Calvin Wheeler Junr., Stephen Wheeler, Joshua Adams Junior, Joseph Bennett, John Augur, Isaac Lockwood, John Davenport, James Stevens, Charles Hawley, Daniel Tomlinson, Robert B. Ruggles, Eli Ruggles, Noah A. Lacey, Stephen Gregory of Brookfield, Elijah Middlebrooks, [and] Abijah Brooks, Esquire[s], Justice[s] of the Peace for the county of Fairfield, for the year ensuing. Whereas Hezekiah Marks, Esquire, a Justice of the Peace for the county of Fairfield, omitted, by mistake, to make return of duties, for the year past, within the time limited by law, but has since paid the same; Resolved by this Assembly, that Hezekiah Marks, Esquire, be, and he is hereby appointed a Justice of the Peace within and for the county of Fairfield, for the year ensuing. Whereas Simeon H. Miner, Esquire, a Justice of the Peace for Fairfield county, omitted by mistake, to return the duties by him received during the last year, by the 10th of May instant, but has since made his return of duties, and settled with the Treasurer; This Assembly do therefore appoint Simeon H. Miner, Esquire, a Justice of the Peace within and for the county of Fairfield, for the year ensuing.

This Assembly do appoint John Parish, Vine Robinson, Samuel Scarbor- ough, David C. Bolles, Bela P. Spalding, Josias Byles, Levi Work, David Bolles, Edward Keyes, John Warren, Nathan Hayward, Philip Hayward, Mi- chael Richmond, Thomas Dow, Andrew T. Judson, John Francis, Asahel Ba- con, Gad Bulkley, Ethan Chaffee, Peter Morse, Rufus Johnson, Silas Fuller, Seth Collins, Gershom Dorrance, Amherst Scovil, Roger Taintor, Nathaniel F. Martin, Roswell Preston, Charles Molton, Chauncey F. Cleaveland, Daniel Searles, Ezra Hutchins, Joseph Adams, Penuel Hutchins, Anthony Brown, Eb- enezer Young, Luther Warren, Arby Covil, David Chase, William T. Williams, 1821 OF CONNECTICUT 17

Peleg Thomas Junr., Asahel Dewey, Daniel Hutchinson, Charles Abel, Thomas Babcock, Abel Goodwin, John Salter, Zalmon Storrs, Artemas Gurley, Seth Dunham, Luther Kingsley, David Conant, Joseph Eaton, John Lester, James Gordon Junr., John Dunlap, Aaron Crary, Jonathan Gallup, Sessions Lester, Lemuel Ingalls, Ephraim Ingalls, Samuel Allen, George Sharpe, Thomas M. Grosvenor, Dixon Hall, Jeremiah Young, Calvin Hibbard, John Gallup, John Thurston, George Learned, John Jacobs, Simon Davis, Jonathan Nichols Junr., John Nichols 2d, James Alexander, Sterry Kinney, Amos Treat, Benjamin Gal- lup Junr., Zephaniah Swift, Peter Webb, Jabez Clark, John Baldwin, Edmund Badger, Roger Huntington, Amos D. Allen, Jonathan Devotion, Abner Rob- inson, John Staniford, Samuel Perkins, John McClellan, John Fox, Ebenezer Stoddard, John Payne, William Bowen, Abraham W. Payne, Penuel Corbin, Luther Rawson, [and] Henry Sweeting, Esquire[s], Justice[s] of the Peace for the county of Windham, for the year ensuing. Whereas William D. Foster, Jesse Ormsbee, [and] Pardon Kingsley, Esquire[s], Justice[s] of the Peace in the county of Windham, omitted, by mistake, to return by the 10th of May instant, the duties by them received during the last year on writs, but have since made their return of duties and settled with the Treasurer; This Assembly do, therefore, appoint William D. Foster, Jesse Ormsbee and Pardon Kingsley, Esquires, Justices of the Peace for the county of Windham, for the year ensuing. Whereas David Avery, Esquire, a Justice of the Peace, in the county of Windham, omitted, by mistake, to return the duties by him received on writs, during the last year, by the 10th day of May instant, but has since made return of duties, and settled with the Treasurer; This Assembly do, therefore, appoint David Avery Esquire a Justice of the Peace within and for the county of Windham, for the year ensuing—

This Assembly do appoint John Cotton Smith, Elijah Boardman, Ansel Sterling, Frederick Wolcott, Augustus Pettibone, Martin Strong, John Welch, Asa Bacon, Phineas Miner, Levi Catlin, Morris Woodruff, Seth P. Beers, Ja- bez W. Huntington, Jonathan Buell, Ozias Lewis, Ephraim S. Hall, Isaiah Bunce, Elihu Harrison, John Merrills, William Taylor of Barkhemsted, Amos Beecher, Paul Roberts, Nehemiah Lambert, Samuel Blois, Samuel Jackson, Nathaniel Stevens, William M. Burrall, Joshua Cornwall, Benajah Douglass, Reuben Rockwell, Seth Marshall, Samuel Whitford, Launcelot Phelps, Oliver Burnham, William Kellogg, George Wheaton, Samuel Hopkins, Victoranius Clark, Rufus Swift, Truman Starr, Julius Beach, Alfred Walter, Timothy Col- lins, Giles Griswold, Lewis Catlin, Benjamin Griswold, James Brace, Benajah Hayden, Noah Welton, Nathaniel P. Perry, John Mills, John H. Swift, William G. Williams, Andrew Abernethy, Elisha Case Junr., Reuben Warner, Homer 18 PUBLIC RECORDS May,

Boardman, Eli Todd, David S. Boardman, Joel Sanford, Stephen Crane, Perry Smith, Daniel Gaylord, Joseph Battell, Michael F. Mills, Joseph Riggs, Ed- mund Brown, Calvin Butler, Thomas Mitchell, Josiah R. Eastman, Royal R. Hinman, Stephen Sanford, Elisha Sterling, Lot Norton, Eliphalet Whittlesey, John M. Holly, Samuel Church, Abijah C. Peet, Calvin Gay, Samuel Rockwell, Oliver Kellogg, Samuel E. Everitt, Samuel R. Gager, Samuel Roberts, Benoni Peck, William Battell, Erastus Hodges, Russell C. Abernethy, Stephen Fyler, Oliver Coe, Griswold Woodward, Christopher C. Wolcott, John Tallmadge, Judah Eldred, Stephen Strong, William Cogswell, Daniel B. Brinsmade, Con- stantine McMahon, Hermanus Marshall, Curtiss Hickox, Ensign Bushnell, Charles Merriman, Daniel Hickox Junr., John Buckingham, Holbrook Curtiss, Joseph Miller, James Beebe, Luman Wakefield, Truman S. Wetmore, Noah Benedict, Nathan Preston, Charles B. Phelps, Jesse Miner, Nathaniel Perry, Samuel Munson, Nathan Burton Junr., William S. Hollabird, Nathan Slosson Junr., Ransom Blakeslee, John Trowbridge, Asa Goodwin, Silas Miner, Dan- iel Johnson, Orange Merwin, [and] Russell Judd, Esquire[s], Justice[s] of the Peace for the county of Litchfield, for the year ensuing. Whereas James Birge, James Brace, William Holabird, Bushnell Knapp, Chauncey Warner, Youngs Elliott and Matthew Elliott, Esquires, Justices of the Peace, within and for the county of Litchfield, for the year past, omitted, by mistake, to make their return of duties to the Treasurer, until after the time prescribed by law, but have since made their returns to the Treasurer; Resolved by this Assembly, that the aforesaid James Birge, James Brace, William Holabird, Chauncey Warner, Bushnell Knapp, Youngs Elliott and Matthew Elliott, Esquires, be, and they are hereby appointed Justices of the Peace within and for the county of Litchfield, for the year ensuing. Whereas Isaac Kellogg, Esquire, Justice of the Peace for the county of Li- tchfield, has, by mistake, omitted to make return of duties by him received, by the time prescribed by law, but has since made his return and settled with the Treasurer; This Assembly do appoint Isaac Kellogg, Esquire, Justice of the Peace for the county of Litchfield, for the year ensuing; with power and authority to execute the duties of said office, any law to the contrary notwithstanding. Whereas Sherman Hartwell, Esquire, a Justice of the Peace, within and for the county of Litchfield, for the past year, by mistake, omitted to make his return of duties to the Treasurer, until after the time prescribed by law, but has since made his return to the Treasurer; Resolved by this Assembly, that the aforesaid Sherman Hartwell be, and he is hereby appointed a Justice of the Peace within and for the county of Litch- field, for the year ensuing— 1821 OF CONNECTICUT 19

This Assembly do appoint Stephen Titus Hosmer, Asher Miller, Matthew T. Russell, Ebenezer Sage, John Pratt, Alexander Wolcott, Isaac Gridley, Jo- siah Savage, Daniel J. Griswold, Joshua Stow, George W. Stanley, James Hart, Josiah Sage, Thomas Mather, Simon Shaylor, Joseph Scovil, David Spencer, Jonathan Usher, Jared Arnold, Samuel Arnold, Hezekiah Brainard, Daniel Shepard, Benjamin Hurd, Ralph Smith, George White, Sparrow Smith, Amasa Daniels Junr., Samuel Hall, Worthington G. Chauncey, Guernsey Bates, Lem- uel Camp, Bridgman Guernsey, John Brainard, of East-Haddam, Josiah Grif- fin, William Cone, Isaac Chapman, Isaac Chester, William Hungerford, Rich- ard Lord, Russell Dutton, Asa Smith, William Gelston, Oliver Green, Robert Russell, William Carter, Austin Olcott, David Kelsey, Jared Elliott, Jedediah Harris, Benjamin Hurd, David Griswold, Aaron Wilcox, Benjamin Hill, Wil- liam Lynde, Richard W. Hart, Rufus Clark, Joel Pratt, Joseph Hill, Ebenezer Hayden, Clark Nott, James P. Redfield, Samuel Hough, Reynold Webb, Gur- don Smith, Jedediah Post, [and] Samuel Jones, Esquire[s], Justice[s] of the Peace for the county of Middlesex, for the year ensuing. Whereas Alexander Wolcott, Calvin Brainard, James Hart, Eli Coe and John Stannard, Esquires, Justices of the Peace in the county of Middlesex, omitted, by mistake, to return the duties by them received, during the last year, by the 10th of May instant, but have since made their return of duties, and settled with the Treasurer; This Assembly do, therefore, Appoint Alexander Wolcott, Calvin Brainard, James Hart, Eli Coe and John Stannard, Esquires, Justices of the Peace for the county of Middlesex, for the year ensuing.

This Assembly do appoint Jonathan Barnes, Calvin Willey, Ashbel Chap- man, Eliphalet Young, Jeremiah Parish, Jabez L. White, John Ruggles, Noah Strong, John Talcott, Nathan Howard, Elisha Edgerton, Isaiah Daggett, Zelotes Long, Cephas Brigham, Asa Willey, Robert Hyde, Jacob Ladd, Sylvester Gil- bert, John S. Peters, Stewart Beebe, Payton R. Gilbert, Leonard Hendee, Wil- liam Brown, Levi Waldo, Andrew Mann, Solomon L. Fuller, Calvin Pitkin, Walter R. Kibbee, Horatio A. Hamilton, Bening Mann, Calvin Edson, Orin Sumner, Rhodolphus Woodworth, Ephraim Hyde, Elijah Alden, William Fos- ter, Ingoldsby W. Crawford, Luther Crawford, Francis McLean, Ebenezer Nash Junr., Zebulon Crocker, Daniel Glazier, Spafford Brigham, Lebbeus P. Tinker, Nathan Bartlett, Robert Lawson, [and] Ebenezer Root, Esquire[s], Justice[s] of the Peace for the county of Tolland, for the year ensuing. Whereas Nathan Johnson, Esquire, a Justice of the Peace in the county of Tolland, omitted, by mistake, to return the duties by him received during the last year, by the 10th of May 1821, but has since made his return of duties, and settled with the Treasurer; 20 PUBLIC RECORDS May,

This Assembly do, therefore, appoint Nathan Johnson, Esqr. Justice of the Peace for the county of Tolland, for the year ensuing; with full power and authority to execute the duties of said office, any law or usage to the contrary notwithstanding.

This Assembly do appoint Stephen B. Allen, Esquire, Brigadier General of the third Brigade of Militia in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Dennis Kimberly, Esquire, Colonel of the 2d Regi- ment of Infantry in this state; to take rank from the 20th day of May 1821. This Assembly do appoint Ira Andrews, Esquire, Colonel of the 10th Regiment of Infantry in this state, to take rank from the 28th day of May 1821. This Assembly do appoint Amos Hunt, Esquire, Colonel of the 13th Regiment of Infantry in this state, to take rank from the 29th day of May 1821. This Assembly do appoint Ezra Adams Junr. Esqr. Colonel of the 17th Regi- ment of Infantry in this state, to take rank from the 31st day of May, 1821. This Assembly do appoint James Clark 2d Esqr. Colonel of the 18th Regiment of Infantry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint John Kingsbury, Esqr. Colonel of the 19th Regiment of Infantry in this state, to take rank from the 25th day of May 1821. This Assembly do appoint Guy Bigelow, Esquire, Colonel of the 20th Regi- ment of Infantry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Dennis Kimberly, Esquire Lieutenant Colonel of the 2d Regiment of Infantry in this state, to take rank from the 28th day of May 1821.— This Assembly do appoint Andrew Beard Junr. Esqr. Lieutenant Colonel of the 2d Regiment of Infantry in this state, to take rank from the 31st day of May 1821. This Assembly do appoint Sylvester Champion, Esquire, Lieutenant Colonel of the 3d Regiment of Infantry in this state, to take rank from the 25th day of May 1821.— This Assembly do appoint William Hart, Esquire, Lieutenant Colonel of the 10th Regiment of Infantry in this state, to take rank from the 28th day of May 1821. This Assembly do appoint Stephen Bonney, Esquire, Lieutenant Colonel of the 13th Regiment of Infantry in this state, to take rank from the 29th day of May 1821. This Assembly do appoint Dan Carter, Esquire, Lieutenant Colonel of the 16th Regiment of Infantry in this state, to take rank from the 22d day of May 1821. This Assembly do appoint Samuel Norris, Esquire, Lieutenant Colonel of the 17th Regiment of Infantry in this state, to take rank from the 31st day of May 1821. 1821 OF CONNECTICUT 21

This Assembly do appoint Paul Harvey, Esquire, Lieutenant Colonel of the 18th Regiment of Infantry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Oliver Collins, Esquire, Lieutenant Colonel of the 19th Regiment of Infantry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Pierce Darrow, Esquire, Lieutenant Colonel of the 20th Regiment of Infantry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint William Goodwin, Esquire, Lieutenant Colonel of the 21st Regiment of Infantry in this state, to take rank from the 4th day of June 1821. This Assembly do appoint Elisha Caulkins, Esquire, Major of the 3d Regiment of Infantry in this state, to take rank from the 25th day of May 1821. This Assembly do appoint Jason Page, Esquire, Major of the 10th Regiment of Infantry in this state, to take rank from the 28th day of May 1821. This Assembly do appoint Walter Johnson, Esquire, Major of the 13th Regi- ment of Infantry in this state, to take rank from the 29th day of May 1821. This Assembly do appoint Jesse Scudder, Esquire, Major of the 15th Regiment of Infantry in this state, to take rank from the 24th day of May 1821. This Assembly do appoint David Marsh, Esquire, Major of the 16th Regiment of Infantry in this state, to take rank from the 22d day of May 1821. This Assembly do appoint Isaac Phelps, Esquire, Major of the 17th Regiment of Infantry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Asa Roath, Esquire, Major of the 18th Regiment of Infantry in this state, to take rank from the 1st day of June 1821.— This Assembly do appoint Horace Metcalf, Esquire, Major of the 19th Regi- ment of Infantry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Olmsted Gates, Esquire, Major of the 20th Regi- ment of Infantry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Drayton Jones, Esquire, Major of the 21st Regiment of Infantry in this state, to take rank from the 4th day of June 1821.

This Assembly do appoint Andrew Wells, Esquire, Colonel of the 2d Regiment of Cavalry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Jacob Dresser Junr. Esquire, Major of the 2d Regi- ment of Cavalry in this state, to take rank from the 1st day of June 1821. This Assembly do appoint Alpheus Shumway, Esqr. Major of the 3d Regiment of Cavalry in this state, to take rank from the 2d day of June 1821. This Assembly do appoint Hawley Morehouse, Esqr. Major of the 4th Regi- ment of Cavalry in this state, to take rank from the 22d day of May 1821. 22 PUBLIC RECORDS May,

This Assembly do appoint Russell Hall, Esquire, Colonel of the 1st Regiment of Horse-Artillery in this state, to take rank from the 30th day of May 1821. This Assembly do appoint David R. Baldwin, Esqr. Lieut. Colonel of the 1st Regiment of Horse-Artillery in this state, to take rank from the 30th day of May 1821. This Assembly do appoint William Graves, Esquire, Major of the 1st Regi- ment of Horse-Artillery in this state, to take rank from the 30th day of May 1821.— This Assembly do appoint Stanton Hewitt Junr. Esq Major of the 2d Regiment of Horse-Artillery in this state, to take rank from the fourth day of June 1821.

This Assembly do appoint William Bull, Esquire, Colonel of the 1st Regiment of Light Artillery in this state, to take rank from the thirtieth day of May 1821. This Assembly do appoint Decius Humphrey, Esqr. Colonel of the 2d Regiment of Light Artillery in this state, to take rank from the 30th day of May 1821. This Assembly do appoint John L. Tomlinson, Esqr. Lieutenant Colonel of the 1st Regiment of Light Artillery in this state, to take rank from the 30th day of May 1821. This Assembly to appoint Aaron F. Olmsted, Esquire, Lieutenant Colonel of the 2d Regiment of Light Artillery in this state, to take rank from the 30th day of May 1821. This Assembly do appoint Philos Blake, Esquire, Major of the 1st Regiment of Light Artillery in this state, to take rank from the 30th day of May 1821. This Assembly do appoint Charles Coit, Esquire, Major of the 1st Regiment of Light Artillery in this state, to take rank from the 31st day of May 1821. This Assembly do appoint Daniel Woodruff, Esquire, Major of the 2d Regiment of Light Artillery in this state, to take rank from the 30th day of May 1821. This Assembly do appoint Josiah Dean Junr. Esquire, Major of the 2d Regi- ment of Light Artillery in this state, to take rank from the 30th day of May 1821.—

This Assembly do establish Moses Cook, 2d Lieut. of the of the 1st Comy. of the Governour’s horse Guards, to take rank from May 14th 1821. This Assembly do establish John Thomas, Cornet of the 1st Comy. of the Gov- ernour’s Horse Guards, to take rank from May 14th 1821. This Assembly do establish Henry Huggins, 1st Lieut. of [the] 2d Comy. of the Governours Horse Guards, to take rank from January 31st 1821. This Assembly do establish Thomas Cook, 2d Lieut. of the 2d comy. of the Governours Horse Guards, to take rank from January 31st 1821. This Assembly do establish William J. Forbes, Cornet of the 2d comy. of the Governours Horse Guards, to take rank from January 31st 1821. 1821 OF CONNECTICUT 23

This Assembly do establish Henry Huggins, Major Comt. of the 2d Comy. of the Governours Horse Guards, to take rank from May 21st 1821. This Assembly do establish William J. Forbes, 1st Lieut. of the 2d comy. of the Governours Horse Guards, to take rank from May 21st 1821. This Assembly do establish Joshua Barnes Junr. Cornet of the 2d comy. of the Governours Horse Guards, to take rank from May 21st 1821. This Assembly do establish Joel Mattoon, 1st Lieut. of the 2d comy. of the Governours Foot Guards, to take rank from August 22d 1820. This Assembly do establish Bela T. Peck, 2d Lieut. of the 2d comy. of the Gov- ernours Foot Guards, to take rank from August 22d 1820. This Assembly do establish Charles B. Grannis, 3d Lieut. of the 2d comy. of the Governours Foot Guards, to take rank from August 22d 1820. This Assembly do establish James Augur, 4th Lieut. of the 2d comy. of the Governours Foot Guards, to take rank from August 22d 1820. This Assembly do establish Bela T. Peck, Major Comdt. of the 2d comy. of the Governours Foot Guards, to take rank from May 4th 1821. This Assembly do establish Charles B. Grannis, 2d Lieut. of the 2d comy. of the Governours Foot Guards, to take rank from May 4th 1821. This Assembly do establish James Augur, 3d Lieut. of the 2d comy. of the Governours Foot Guards, to take rank from May 4th 1821. This Assembly do establish William W. Boardman, 4th Lieut. of [the] 2d comy. of the Governours Foot Guards, to take rank from May 4th 1821. This Assembly do establish Eli W. Blake, Ensign of the 2d comy. of the Gov- ernours Foot Guards, to take rank from May 17th 1821.

This Assembly do establish Clarke McIntosh, Capt. of the 1st flank comy. of the 1st Regiment of Infantry in this state, to take [rank] from April 24th 1821. This Assembly do establish John Watson 3d Lieut. of the 1st flank comy. of the 1st Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Alva Blodget, Ensign of the 1st flank comy. of the 1st Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish William Hayden, Capt. of the 2d flank comy. of the 1st Regiment of Infantry in this state, to take rank from May 30th 1820. This Assembly do establish Alfred L. Goodrich, Ensign of the 2d flank comy. of the 1st Regiment of Infantry in this state, to take rank from May 30th, 1820. This Assembly do establish Alfred L. Goodrich, Lieut. of the 2d flank comy. of the 1st Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish William Taylor, Ensign of the 2d flank comy. of the 1st Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish Joseph Combs, Lieut. of the 1st comy. of the 1st Regiment of Infantry in this state, to take rank from Augt. 16th 1820. 24 PUBLIC RECORDS May,

This Assembly do establish Daniel Stoughton, Lieut. of the 3d comy. of the 1st Regiment of Infantry in this state, to take rank from Sept. 22d 1820. This Assembly do establish Curtis Skinner, Ensign of the 3d comy. of the 1st Regiment of Infantry, in this state, to take rank from Sept. 22d 1820. This Assembly do establish Henry Amidon, Ensign of the 4th comy. of the 1st Regiment of Infantry in this state, to take rank from May 19th 1821. This Assembly do establish Justus Gillet, Lieutenant of the 6th comy. of the 1st Regiment of Infantry in this state, to take rank from March 16th 1821. This Assembly do establish Jonathan Eno Junr. Ensign of the 6th comy. of the 1st Regiment of Infantry in this state, to take rank from March 16th 1821. This Assembly do establish Samuel Potter, Lieutenant of the 3d flank comy. of the 2d Regiment of Infantry in this state, to take rank from May 4th 1821. This Assembly do establish Almon Clark, Ensign of the 3d flank comy. of the 2d Regiment of Infantry in this state, to take rank from May 4th 1821. This Assembly do establish Merit Parker, Ensign of the 3d comy. of the 2d Regiment of Infantry in this state, to take rank from from Sept. 16th 1820. This Assembly do establish Austin Hurd, Ensign of the 7th comy. of the 2d Regiment of Infantry in this state, to take rank from Sept. 2d 1820. This Assembly do establish Ezekiel Gilbert, Captain of the 7th comy. of the 2d Regiment of Infantry in this state, to take rank from April 9th 1821. This Assembly do establish Lyman Smith 3d Lieut. of the 7th comy. of the 2d Regiment of Infantry in this state, to take rank from April 9th 1821. This Assembly do establish James Bulkley, Ensign of the 1st comy. of the 3d Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Calvin Spencer, Lieut. of the 4th comy. of the 3d Regiment of Infantry in this state, to take rank from Augt. 21st 1820. This Assembly do establish Daniel Watrous, Ensign of the 4th comy. of the 3d Regiment of Infantry in this state, to take rank from Augt. 21 1820. This Assembly do establish John Moore 2d Capt. of the 4th comy. of the 3d Regiment of Infantry in this state, to take rank from Sept. 5th 1820. This Assembly do establish Richard Chapel Junr. Ensign of the 5th comy. of the 3d Regiment of Infantry in this state, to take rank from Augt. 21st 1820. This Assembly do establish John G. Jewett, Lieut. of the 6th comy. of the 3d Regiment of Infantry in this state, to take rank from Augt. 20th 1820. This Assembly do establish Clement Fosdick, Ensign of the 6th comy. of the 3d Regiment of Infantry in this state, to take rank from April 4th 1821. This Assembly do establish Seth E. Lathrop, Ensign of the comy. of the 3d Regiment of Infantry in this state, to take rank from May 3d 1821. This Assembly do establish David Wayland, Lieut. of the 1st flank comy. of the 4th Regiment of Infantry in this state, to take rank from Augt. 29th 1820. This Assembly do establish Anson Wakelee, Ensign of the 1st flank coy. of the 4th Regiment of Infantry in this state, to take rank from Augt. 29th 1820. 1821 OF CONNECTICUT 25

This Assembly do establish Rufus Hoyt, Captain of the 1st company of the 4th Regiment of Infantry in this state, to take rank from August 21st 1820— This Assembly do establish Ephraim H. Burr, Lieutenant of the 1st comy. of the 4th Regiment of Infantry in this state, to take rank from August 21st 1820. This Assembly do establish Samuel Perry, Ensign of the 1st comy. of the 4th Regiment of Infantry in this state, to take rank from August 21st 1820. This Assembly do establish Peter Winton, Captain of the 5th company of the 4th Regiment of Infantry in this state, to take rank from June 28th, 1820. This Assembly do establish Elbert Banks, Lieutenant of the 5th comy. of the 4th Regiment of Infantry in this state, to take rank from June 28th 1820— This Assembly do establish Samuel Wheeler, Ensign of the 5th comy. of the 4th Regiment of Infantry in this state, to take rank from June 28th 1820— This Assembly do establish David Spencer Junr. Lieut. of the 1st flank comy. of the 5th Regiment of Infantry in this state, to take rank from March 9th 1821. This Assembly do establish Daniel Denison 3d Ensign of the 1st flank comy. of the 5th Regiment of Infantry in this state, to take rank from March 9th 1821.— This Assembly do establish Waterman C. Clark, Capt. of the 1st comy. of the 5th Regiment of Infantry in this state, to take rank from Sept. 6th 1820. This Assembly do establish Justin Swift, Lieut. of the 1st company of the 5th Regiment of Infantry in this state, to take rank from Sept. 6th 1820. This Assembly do establish Benjamin Perry, Ensign of the 1st company of the 5th Regiment of Infantry in this state, to take rank from Sept. 6th 1820— This Assembly do establish Daniel Spaulding, Lieutenant of the 2d comy. of the 5th Regiment of Infantry in this state, to take rank from April 4th 1821. This Assembly do establish William Shepard, Ensign of the 2d company of the 5th Regiment of Infantry in this state, to take rank from May 19th 1821— This Assembly do establish David Pierce, Captain of the 3d comy. of the 5th Regiment of Infantry in this state, to take rank from April 26th 1821— This Assembly do establish Ebenezer Scarborough, Lieutenant of the 3d comy. of the 5th Regiment of Infantry in this state, to take rank from April 26th 1821— This Assembly do establish Ebenezer Baker, Ensign of the 3d company of the 5th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Benjamin Delop, Captain of the 5th company of the 5th Regiment of Infantry in this state, to take rank from August 26th 1820. This Assembly do establish Jonas Herrick, Lieutenant of the 5th company of the 5th Regiment of Infantry in this state, to take rank from August 26th 1820. This Assembly do establish John Kingsley, Ensign of the 5th company of the 5th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Lyman Foster, Captain of the 6th company of the 5th Regiment of Infantry in this state, to take rank from April 4th 1821. 26 PUBLIC RECORDS May,

This Assembly do establish Hiram Holt, Lieutenant of the 6th company of the 5th Regiment of Infantry in this state, to take rank from April 4th 1821. This Assembly do establish Jesse Burnham, Ensign of the 6th company of the 5th Regiment of Infantry in this state, to take rank from April 4th 1821.— This Assembly do establish Isaac Tuckerman, Captain of the 7th comy. of the 5th Regiment of Infantry in this state, to take rank from April 19th 1821. This Assembly do establish Samuel Gordon 2d Lieutenant of the 7th comy. of the 5th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish John Gallup 2d Ensign of the 7th comy. of the 5th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Ezra L. Hutchins, Ensign of the 8th comy. of the 5th Regiment of Infantry in this state, to take rank from March 28th 1821— This Assembly do establish John Stillman, Lieut. of the 1st flank company of the 6th Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Samuel Babcock, Ensign of the 1st flank comy. of the 6th Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish James Standish, captain of the 1st comy. of the 6th Regiment of Infantry in this state, to take rank from November 24th 1820. This Assembly do establish Elijah Keach, Lieut. of the 1st company of the 6th Regiment of Infantry in this state, to take rank from November 24 1820. This Assembly do establish Thomas Belden, Ensign of the 1st comy. of the 6th Regiment of Infantry in this state, to take rank from November 24th 1820. This Assembly do establish John O. Hayden, Ensign of the 2d company of the 6th Regiment of Infantry in this state, to take rank from May 1st 1820. This Assembly do establish Horace Clark, Lieutenant of the 2d comy. of the 6th Regiment of Infantry in this state, to take rank from May 8th 1821. This Assembly do establish Jacob Harris, Captain of the 6th company of the 6th Regiment of Infantry in this state, to take rank from July 27th 1820. This Assembly do establish Lemuel G. Hubbard, Lieut. of the 6th comy. of the 6th Regiment of Infantry in this state, to take rank from July 27th 1820. This Assembly do establish Spicer Leonard, Ensign of the 6th comy. of the 6th Regiment of Infantry in this state, to take rank from July 27th 1820. This Assembly do establish Chauncey Chipman, Capt. of the 8th comy. of the 6th Regiment of Infantry in this state, to take rank from Aprl 28th 1821. This Assembly do establish Seth Stanley Junr. Lieut. of the 8th comy. of the 6th Regiment of Infantry in this state, to take rank from April 28th 1821. This Assembly do establish Daniel Rice, Ensign of the 8th comy. of the 6th Regiment of Infantry in this state, to take rank from April 28th 1821. This Assembly do establish Elisha Coe, Lieutenant of the 9th comy. of the 6th Regiment of Infantry in this state, to take rank from July 27th 1820. This Assembly do establish Levi Coe, Ensign of the 9th comy. of the 6th Regi- ment of Infantry in this state, to take rank from July 27th 1820. 1821 OF CONNECTICUT 27

This Assembly do establish Richard Chalker, Captain of the 1st comy. of the 7th Regiment of Infantry in this state, to take rank from February 20th 1821. This Assembly do establish John Bushnell, Lieutenant of the 1st comy. of the 7th Regiment of Infantry in this state, to take rank from February 20th 1821. This Assembly do establish John L. Whittlesey, Ensign of the 1st comy. of the 7th Regiment of Infantry in this state to take rank from February 20th 1821. This Assembly do establish Daniel Ventris, Captain of the 2d comy. of the 7th Regiment of Infantry in this state, to take rank from Feb. 15 1821. This Assembly do establish George R. Bailey, Lieut. of the 2d comy. of the 7th Regiment of Infantry in this state, to take rank from Feb. 15th 1821. This Assembly do establish Smith Clark, Ensign of the 2d comy. of the 7th Regiment of Infantry in this state, to take rank from Feb. 15th 1821. This Assembly do establish David M. Griswold, Captain of the 3d company of the 7th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish David P. Kelsey, Lieutenant of the 3d company of the 7th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Robert Hurd, Ensign of the 3d company of the 7th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Asher Robinson, Ensign of the 4th company of the 7th Regiment of Infantry in this state, to take rank from May 2d 1821. This Assembly do establish George Read, Captain of the 5th company of the 7th Regiment of Infantry in this state, to take rank from September 14th 1820. This Assembly do establish Fenner Bush, Lieutenant of the 5th comy. of the 7th Regiment of Infantry in this state, to take rank from September 14th 1820. This Assembly do establish Henry Williams, Ensign of the 5th company of the 7th Regiment of Infantry in this state, to take rank from September 14th 1820. This Assembly do establish Robert C. Peters, Captain of the 7th comy. of the 7th Regiment of Infantry in this state, to take rank from February 10th 1821. This Assembly do establish Richard L. Parker, Lieut. of the 7th comy. of the 7th Regiment of Infantry in this state, to take rank from February 10th 1821. This Assembly do establish Enoch Lamb, Captain of the 1st flank comy. of the 8th Regiment of Infantry in this state, to take rank from August 1st 1820. This Assembly do establish Avery Gallup, Lieut. of the 1st flank comy. of the 8th Regiment of Infantry in this state, to take rank from August 1st 1820. This Assembly do establish Elisha Morgan, Ensign of the 1st flank comy. of the 8th Regiment of Infantry in this state, to take rank from August 1st 1820. This Assembly do establish Avery Gallup, Capt. of the 1st flank company of the 8th Regiment of Infantry in this state, to take rank from April 16th 1821. This Assembly do establish Elisha Morgan, Lieut. of the 1st flank comy. of the 8th Regiment of Infantry in this state, to take rank from April 16th 1821. This Assembly do establish Russell Gallup, Ensign of the 1st company of the 8th Regiment of Infantry in this state, to take rank from April 16th 1821. 28 PUBLIC RECORDS May,

This Assembly do establish Benjamin Peabody Jr. Capt. of the 2d flank comy. of the 8th Regiment of Infantry in this state, to take rank from August 19th 1820. This Assembly do establish Andrew B. Holmes, Lieut. of the 2d flank comy. of the 8th Regiment of Infantry in this state, to take rank from August 19th 1820. This Assembly do establish David Coates Junr. Ensign of the 2d flank comy. of the 8th Regiment of Infantry in this state, to take rank from August 19th 1820. This Assembly do establish Charles H. Smith, Captain of the 1st comy. of the 8th Regiment of Infantry in this state, to take rank from August 5th 1820. This Assembly do establish William W. Rodman, Lieut. of the 1st comy. of the 8th Regiment of Infantry in this state, to take rank from August 5th 1820. This Assembly do establish Peleg Hancox, Ensign of the 1st company of the 8th Regiment of Infantry in this state, to take rank from August 5th 1820. This Assembly do establish Caleb Potter, Captain of the 4th comy. of the 8th Regiment of Infantry in this state, to take rank from August 1st 1820. This Assembly do establish George Bassett, Lieut. of the 4th comy. of the 8th Regiment of Infantry in this state, to take rank from August 1st 1820. This Assembly do establish John Morgan, Ensign of the 5th comy. of the 8th Regiment of Infantry in this state, to take rank from April 18th 1821. This Assembly do establish Peres Wheeler, Captain of the 6th company of the 8th Regiment of Infantry in this state, to take rank from April 19th 1821. This Assembly do establish Joseph Noyes Junr. Lieutenant of the 6th comy. of the 8th Regiment of Infantry in this state, to take rank from April 19th 1821. This Assembly do establish Samuel Breed Junr. Ensign of the 6th comy. of the 8th Regiment of Infantry in this state, to take rank from April 19th 1821. This Assembly do establish Ezra Hewitt, captain of the 7th company of the 8th Regiment of Infantry in this state, to take rank from September 28th 1820. This Assembly do establish Dudley R. Wheeler Lieut. of the 7th comy. of the 8th Regiment of Infantry in this state, to take rank from September 28th 1820. This Assembly do establish Hervey Hobby, Ensign of the 2d flank comy. of the 9th Regiment of Infantry in this state, to take rank from September 15th 1820. This Assembly do establish Asahel P. Bailey, Captain of the 2d company of the 9th Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish Samuel Ferris Junr. Lieut. of the 2d company of the 9th Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish Drake Mead, Ensign of the 2d company of the 9th Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish John Knapp, Captain of the 3d company of the 9th Regiment of Infantry in this state, to take rank from July 1st 1820. This Assembly do establish Henry Chichester Junr. Lieut. of the 3d company of the 9th Regiment of Infantry in this state, to take rank from July 1st 1820. This Assembly do establish Edward H. Street, Ensign of the 3d comy. of the 9th Regiment of Infantry in this state, to take rank from July 1st 1820. 1821 OF CONNECTICUT 29

This Assembly do establish Charles Hurlbut, Captain of the 4th comy. of the 9th Regiment of Infantry in this state, to take rank from August 11th 1820. This Assembly do establish Isaac Adams, Lieut. of the 4th company of the 9th Regiment of Infantry in this state, to take rank from September 5th 1820. This Assembly do establish Alfred Taylor, Ensign of the 4th company of the 9th Regiment of Infantry in this state, to take rank from May 22d 1821. This Assembly do establish Edward Scofield, Ensign of the 6th company of the 9th Regiment of Infantry in this state, to take rank from April 14th 1821. This Assembly do establish Jacob Dayton Junr. Captain of the 7th company of the 9th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Gilbert Close 3d Lieutenant of the 7th comy. of the 9th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Edward Palmer, Ensign of the 7th comy. of the 9th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Ashbel Scofield, Ensign of the 8th comy. of the 9th Regiment of Infantry in this state, to take rank from April 21st 1821. This Assembly do establish Ashbel Scofield, Lieut. of the 8th comy. of the 9th Regiment of Infantry in this state, to take rank from May 16th 1821. This Assembly do establish Henry W. Scofield, Ensign of the 8th comy. of the 9th Regiment of Infantry in this state, to take rank from May 16th 1821. This Assembly do establish George A. Foote, Captain of the 1st company of the 10th Regiment of Infantry in this state, to take rank from May 7th 1821. This Assembly do establish Nathaniel R. Landon, Lieut. of the 1st comy. of the 10th Regiment of Infantry in this state, to take rank from May 7th 1821. This Assembly do establish John Hotchkiss, Ensign of the 1st comy. of the 10th Regiment of Infantry in this state, to take rank from May 7th 1821. This Assembly do establish Achilles Willard, Captain of the 5th comy. of the 10th Regiment of Infantry in this state, to take rank from April 2d 1821. This Assembly do establish John Grave, Lieutenant of the 5th comy. of the 10th Regiment of Infantry in this state, to take rank from April 2d 1821. This Assembly do establish Ichabod L. Scranton, Ensign of the 5th comy. of the 10th Regiment of Infantry in this state, to take rank from April 2d 1821. This Assembly do establish Anson Baldwin, Ensign of the 6th comy. of the 10th Regiment of Infantry in this state, to take rank from March 7th 1821. This Assembly do establish David Day, Capt. of the 2d flank comy. of the 11th Regiment of Infantry in this state, to take rank from April 21st 1821. This Assembly do establish Willard Russell, Lieut. of the 2d flank comy. of the 11th Regiment of Infantry in this state, to take rank from April 21st 1821. This Assembly do establish Wright Porter, Ensign of the 2d flank comy. of the 11th Regiment of Infantry in this state, to take rank from April 21st 1821. This Assembly do establish Nehemiah Fox, Lieut. of the Grenadier comy. of the 11th Regiment of Infantry in this state, to take rank from August 10th 1820. 30 PUBLIC RECORDS May,

This Assembly do establish John Underwood, Ensign of the Grenadier comy. of the 11th Regiment of Infantry in this state, to take rank from August 10th 1820. This Assembly do establish Charles Buck, Captain of the 3d comy. of the 11th Regiment of Infantry in this state, to take rank from June 10th 1820. This Assembly do establish Asa Alexander, Lieut. of the 3d comy. of the 11th Regiment of Infantry in the state, to take rank from June 10th 1820. This Assembly do establish Dan Cutler, Ensign of the 3d comy. of the 11th Regiment of Infantry in this state, to take rank from June 10th 1820. This Assembly do establish Zebidee Mitchell, Captain of the 4th comy. of the 11th Regiment of Infantry in this state, to take rank from June 15th 1820. This Assembly do establish Edward Chase, Lieut. of the 4th comy. of the 11th Regiment of Infantry in this state, to take rank from June 15th 1820. This Assembly do establish Artemas Warren, Ensign of the 4th company of the 11th Regiment of Infantry in this state, to take rank from June 15 1820. This Assembly do establish Jacob Tourtelott, Lieut. of the 6th comy. of the 11th Regiment of Infantry in this state, to take rank from April 17th 1821. This Assembly do establish Joseph Benson, Ensign of the 6th comy. of the 11th Regiment of Infantry in this state, to take rank from April 17th 1821. This Assembly do establish Laban Underwood, Capt. of the 7th comy. of the 11th Regiment of Infantry in this state, to take rank from May 10th 1821. This Assembly do establish Benjamin Chamberlin, Lieut. of the 7th comy. of the 11th Regiment of Infantry in this state, to take rank from May 10th 1821. This Assembly do establish Stephen Child, Ensign of the 7th comy. of the 11th Regiment of Infantry in this state, to take rank from May 10th 1821. This Assembly do establish Samuel Corbin, Captain of the 8th company of the 11th Regiment of Infantry in this state, to take rank from April 4th 1821. This Assembly do establish Elijah Kinney, Lieut. of the 8th company of the 11th Regiment of Infantry in this state, to take rank from April 4th 1821. This Assembly do establish Charles Crawford, Ensign of the 8th company of the 11th Regiment of Infantry in this state, to take rank from April 4th 1821. This Assembly do establish Stoddard Strong, Ensign of the 1st flank comy. of the 12th Regiment of Infantry in this state, to take rank from August 28th 1820. This Assembly do establish Titus Pierce Junr. Captain of the 2d flank comy. of the 12th Regiment of Infantry in this state, to take rank from April 16th 1821. This Assembly do establish Sheldon Pierce, Lieut. of the 2d flank comy. of the 12th Regiment of Infantry in this state, to take rank from April 16th 1821. This Assembly do establish Simeon Platt, Ensign of the 2d flank comy. of the 12th Regiment of Infantry in this state, to take rank from April 16th 1821. This Assembly do establish Norman Munson, Capt. of the 3d comy. of the 12th Regiment of Infantry in this state, to take rank from September 14th 1820. 1821 OF CONNECTICUT 31

This Assembly do establish Charles A. Bloss, Lieutenant of the 3d comy. of the 12th Regiment of Infantry in this state, to take rank from September 14th 1820. This Assembly do establish James Allen, Ensign of the 3d company of the 12th Regiment of Infantry in this state, to take rank from September 14 1820. This Assembly do establish Gideon Hollister Junr. Lieut. of the 5th comy. of the 12th Regiment of Infantry in this state, to take rank from Sept. 29th 1820. This Assembly do establish Jason Gibson, Ensign of the 5th comy. of the 12th Regiment of Infantry in this state, to take rank from Sept. 29th 1820. This Assembly do establish Erastus Reynolds, Capt. of the 6th comy. of the 12th Regiment of Infantry in this state, to take rank from Sept. 25th 1820. This Assembly do establish Christopher Allen, Ensign of the 6th comy. of the 12th Regiment of Infantry in this state, to take rank from Sept. 25th 1820. This Assembly do establish Ziba Fairchild, Lieut. of the 7th company of the 12th Regiment of Infantry in this state, to take rank from April 30 1821. This Assembly do establish Joseph Z. Lewis, Ensign of the 7th company of the 12th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Matthew White Junr. Lieut. of the 1st flank comy. of the 13th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Frederick J. Fenn, Ensign of the 1st flank comy. of the 13th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish James Wadsworth Junr. capt. of the 2d flank comy. of the 13th Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish Seth Pierce Junr. Lieut. of the 2d flank comy. of the 13th Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish Phineas Baldwin, Ensign of the 2d flank comy. of the 13th Regiment of Infantry in this state, to take rank from April 25th 1821— This Assembly do establish Howell Witherell, Ensign of the 1st company of the 13th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Andrew Chapin, Ensign of the 4th comy. of the 13th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Elisha B. Mallory, Capt. of the 5th company of the 13th Regiment of Infantry in this state, to take rank from November 27th 1820. This Assembly do establish Benjamin Catlin, Lieut. of the 5th comy. of the 13th Regiment of Infantry in this state, to take rank from November 27th 1820. This Assembly do establish William Hindman, Ensign of the 5th comy. of the 13th Regiment of Infantry in this state, to take rank from Nov. 27th 1820. This Assembly do establish Stephen Yale, captain of the 6th company of the 13th Regiment of Infantry in this state, to take rank from May 14th 1821. 32 PUBLIC RECORDS May,

This Assembly do establish Charles Holabird, Ensign of the 6th comy. of the 13th Regiment of Infantry in this state, to take rank from May 14th 1821. This Assembly do establish Benjamin Goff, captain of the 8th comy. of the 13th Regiment of Infantry in this state, to take rank from April 10th 1821. This Assembly do establish Gamaliel Everitt, Lieut. of the 8th comy. of the 13th Regiment of Infantry in this state, to take rank from April 10th 1821. This Assembly do establish Joseph Lord, Ensign of the 8th company of the 13th Regiment of Infantry in this state, to take rank from April 10th 1821. This Assembly do establish Richard Cowles, Capt. of the 2d flank company of the 14th Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish Nathaniel Olmsted, Lieut. of the 2d flank comy. of the 14th Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish Sylvester Hills, Ensign of the 2d flank comy. of the 14th Regiment of Infantry in this state, to take rank from April 25th 1821. This Assembly do establish Edward Whitman, Capt. of the 1st company of the 14th Regiment of Infantry in this state, to take rank from July 1st 1820. This Assembly do establish Joseph Dutton Junr. Lieut. of the 1st comy. of the 14th Regiment of Infantry in this state, to take rank from July 1st 1820. This Assembly do establish Edward Tillotson, Ensign of the 1st company of the 14th Regiment of Infantry in this state, to take rank from July 1st 1820. This Assembly do establish Norman Winchel, capt. of the 2d company of the 14th Regiment of Infantry in this state, to take rank from June 13th 1820. This Assembly do establish Albert Norton, Lieutenant of 2d company of the 14th Regiment of Infantry in this state, to take rank from June 13th 1820. This Assembly do establish Cyprian Goodrich, Ensign of the 2d company of the 14th Regiment of Infantry in this state, to take rank from June 13th 1820. This Assembly do establish Cromwell Newell, captain of the 5th comy. of the 14th Regiment of Infantry in this state, to take rank from June 30th 1820. This Assembly do establish Levi Upson, Lieutenant of the 5th comy. of the 14th Regiment of Infantry in this state, to take rank from June 30th 1820. This Assembly do establish Joel Neale, Ensign of the 5th company of the 14th Regiment of Infantry in this state, to take rank from May 3d 1821. This Assembly do establish William Northrop, Lieut. of the 2d flank company of the 15th Regiment of Infantry in this state, to take rank from April 5th 1821. This Assembly do establish David Northrop Junr. Ensign of the 2d flank comy. of the 15th Regiment of Infantry in this state, to take rank from April 5th 1821. This Assembly do establish Oliver Andrews, Captain of the 1st company of the 15th Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Joel Ambler, Lieut. of the 1st company of the 15th Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish David Ambler, Ensign of the 1st company of the 15th Regiment of Infantry in this state, to take rank from April 27th 1821. 1821 OF CONNECTICUT 33

This Assembly do establish Darius Hoyt, Captain of the 5th company of the 15th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Nathan Treadwell, Lieut. of the 5th comy. of the 15th Regiment of Infantry in this state, to take rank from April 24 1821. This Assembly do establish Amzi Rogers, Ensign of the 5th company of the 15th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Ezra G. Northrop, Captain of the 7th comy. of the 15th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Cyrus E. Hungerford, Ensign of the 7th comy. of the 15th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Castle Betts, Captain of the 8th company of the 15th Regiment of Infantry in this state, to take rank from August 24th 1820. This Assembly do establish Almon Smith, Lieutenant of the 8th company of the 15th Regiment of Infantry in this state, to take rank from August 24th 1820. This Assembly do establish Almon Treat, Ensign of the 8th company of the 15th Regiment of Infantry in this state, to take rank from August 24th 1820. This Assembly do establish John P. Brace, Ensign of the 1st flank comy. of the 16th Regiment of Infantry in this state, to take rank from May 1st 1821. This Assembly do establish Ebenezer W. Bolles, Capt. of the 1st flank comy. of the 16th Regiment of Infantry in this state, to take rank from May 25th 1821. This Assembly do establish John P. Brace, Lieut. of the 1st flank comy. of the 16th Regiment of Infantry in this state, to take rank from May 25th 1821. This Assembly do establish Frederick Buell, Ensign of the 1st flank comy. of the 16th Regiment of Infantry in this state, to take rank from May 25th 1821. This Assembly do establish Hiram Norton, Ensign of the 2d flank company of the 16th Regiment of Infantry in this state, to take rank from September 4th 1820. This Assembly do establish Samuel Palmer, Lieut. of the 2d flank company of the 16th Regiment of Infantry in this state, to take rank from September 14th 1820. This Assembly do establish Benjamin Doolittle, Ensign of the 1st comy. of the 16th Regiment of Infantry in this state, to take rank from September 4th 1820. This Assembly do establish Cicero Collins, Ensign of the 2d company of the 16th Regiment of Infantry in this state, to take rank from August 29th 1820. This Assembly do establish Asahel N. Barber, Captain of the 3d comy. of the 16th Regiment of Infantry in this state, to take rank from September 28 1820. This Assembly do establish Johnson Cleaveland, Ensign of the 3d comy. of the 16th Regiment of Infantry in this state, to take rank from September 28 1820. This Assembly do establish Luman Hinman, Capt. of the 4th company of the 16th Regiment of Infantry in this state, to take rank from April 23d 1821. This Assembly do establish Hiram Loomis, Ensign of the 4th company of the 16th Regiment of Infantry in this state, to take rank from April 23d 1821. 34 PUBLIC RECORDS May,

This Assembly do establish Jonathan Wright 2d Captain of the 5th comy. of the 16th Regiment of Infantry in this state, to take rank from June 13th 1820. This Assembly do establish Horace Smith, Lieut. of the 5th company of the 16th Regiment of Infantry in this state, to take rank from June 13th 1820. This Assembly do establish Charles Wright Ensign of the 5th company of the 16th Regiment of Infantry in this state, to take rank from June 13th 1820. This Assembly do establish Simeon B. Parker, Lieutenant of the 6th comy. of the 16th Regiment of Infantry in this state, to take rank from March 29th 1821. This Assembly do establish Erastus Benton, Ensign of the 6th company of the 16th Regiment of Infantry in this state, to take rank from March 29th 1821. This Assembly do establish Griswold Woodward, Capt. of the 7th comy. of the 16th Regiment of Infantry in this state, to take rank from April 28th 1821. This Assembly do establish Harry E. Coe, Lieut. of the 7th comy. of the 16th Regiment of Infantry in this state, to take rank from April 28 1821. This Assembly do establish Fitch L. Bissell, Ensign of the 7th company of the 16th Regiment of Infantry in this state, to take rank from April 28th 1821. This Assembly do establish Tracy Marsh, captain of the 9th company of the 16th Regiment of Infantry in this state, to take rank from September 5th 1820. This Assembly do establish Noah B. Smith, Lieut. of the 9th company of the 16th Regiment of Infantry in this state, to take rank from September 5th 1820. This Assembly do establish Lucius Mansfield, Ensign of the 9th company of the 16th Regiment of Infantry in this state, to take rank from September 5th 1820. This Assembly do establish Alfred Austin, Lieutenant of the 2d comy. of the 17th Regiment of Infantry in this state, to take rank from April 10th 1821. This Assembly do establish Warren Lewis, Ensign of the 2d company of the 17th Regiment of Infantry in this state, to take rank from April 10th 1821. This Assembly do establish George W. Munn, Lieutenant of the 4th comy. of the 17th Regiment of Infantry in this state, to take rank from March 26th 1821. This Assembly do establish Charles I. Hillyer, Ensign of the 4th company of the 17th Regiment of Infantry in this state, to take rank from March 26th 1821— This Assembly do establish Norman Dyer, captain of the 5th company of the 17th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Origen Adams, Lieutenant of the 5th company of the 17th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Lansel Foot, Ensign of the 5th company of the 17th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Artemas King, Ensign of the 6th company of the 17th Regiment of Infantry in this state, to take rank from September 12th 1820. This Assembly do establish Oval Wilcox, Captain of the 7th company of the 17th Regiment of Infantry in this state, to take rank from May 7th 1821. 1821 OF CONNECTICUT 35

This Assembly do establish Julius Spring, Lieut. of the 7th company of the 17th Regiment of Infantry in this state, to take rank from May 7th 1821. This Assembly do establish Samuel Weed, Ensign of the 7th comy. of the 17th Regiment of Infantry in this state, to take rank from May 7th 1821. This Assembly do establish Daniel B. Holcomb, captain of the 8th company of the 17th Regiment of Infantry in this state, to take rank from October 16th 1820. This Assembly do establish Selden Moore, Lieutenant of the 8th company of the 17th Regiment of Infantry in this state, to take rank from October 16th 1820. This Assembly do establish Hiram Campbell, Ensign of the 8th company of the 17th Regiment of Infantry in this state, to take rank from October 16th 1820. This Assembly do establish James Roath, Ensign of the 1st flank company of the 18th Regiment of Infantry in this state, to take rank from September 5th 1820. This Assembly do establish James Roath, Lieut. of the 1st flank company of the 18th Regiment of Infantry in this state, to take rank from March 24th 1821. This Assembly do establish Simeon Lester, Ensign of the 1st flank comy. of the 18th Regiment of Infantry in this state, to take rank from March 24th 1821. This Assembly do establish Henry K. Hewit, Ensign of the 2d company of the 18th Regiment of Infantry in this state, to take rank from August 8th 1820. This Assembly do establish Henry Fowler, Ensign of the 3d company of the 18th Regiment of Infantry in this state, to take rank from April 21st 1821. This Assembly do establish James Bailey, captain of the 4th company of the 18th Regiment of Infantry in this state, to take rank from August 5th 1820. This Assembly do establish Uriah Ladd, Lieutenant of the 4th company of the 18th Regiment of Infantry in this state, to take rank from August 5th 1820. This Assembly do establish Oliver Johnson Junr. Ensign of the 4th comy. of the 18th Regiment of Infantry in this state, to take rank from August 5th 1820. This Assembly do establish Uriah Ladd, captain of the 4th company of the 18th Regiment of Infantry in this state, to take rank from March 29th 1821. This Assembly do establish Oliver Johnson Junr. Lieutenant of the 4th comy. of the 18th Regiment of Infantry in this state, to take rank from March 29 1821. This Assembly do establish William Ladd, Ensign of the 4th company of the 18th Regiment of Infantry in this state, to take rank from March 29th 1821. This Assembly do establish Henry C. Boardman, Capt. of the 5th comy. of the 18th Regiment of Infantry in this state, to take rank from August 8th 1820. This Assembly do establish Septemius Lathrop, Lieut. of the 5th comy. of the 18th Regiment of Infantry in this state, to take rank from August 8th 1820. This Assembly do establish John Boardman, Ensign of the 5th comy. of the 18th Regiment of Infantry in this state, to take rank from August 8 1820. This Assembly do establish Alanson Fuller, captain of the 6th comy. of the 18th Regiment of Infantry in this state, to take rank from April 14th 1821. 36 PUBLIC RECORDS May,

This Assembly do establish Elisha Warren, Lieutenant of the 6th comy. of the 18th Regiment of Infantry in this state, to take rank from April 14th 1821. This Assembly do establish Joseph B. Hibbard, Ensign of the 6th comy. of the 18th Regiment of Infantry in this state, to take rank from April 14th 1821. This Assembly do establish Park Avery, captain of the 7th comy. of the 18th Regiment of Infantry in this state, to take rank from Decr. 22d 1820. This Assembly do establish Cyrus Palmer, Lieut. of the 7th company of the 18th Regiment of Infantry in this state, to take rank from December 22d 1820. This Assembly do establish Albert Morgan, Ensign of the 7th comy. of the 18th Regiment of Infantry in this state, to take rank from December 22d 1820. This Assembly do establish Seth Washburn, Lieut. of the 2d flank company of the 19th Regiment of Infantry in this state, to take rank from March 4th 1821. This Assembly do establish Daniel Blodget, Ensign of the 2d flank comy. of the 19th Regiment of Infantry in this state, to take rank from March 4th 1821. This Assembly do establish Ashbel Chapman Junr. Capt. of the 2d comy. of the 19th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Augustus Fitch, Lieutenant of the 2d comy. of the 19th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Carlos Chapman, Ensign of the 2d comy. of the 19th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Horatio Kibbe, captain of the 3d comy. of the 19th Regiment of Infantry in this state, to take rank from November 1st 1820. This Assembly do establish Richard Pease Junr. Lieut. of the 3d comy. of the 19th Regiment of Infantry in this state, to take rank from November 1st, 1820. This Assembly do establish Walter Pease, Ensign of the 3d company of the 19th Regiment of Infantry in this state, to take rank from November 1st 1820. This Assembly do establish Oliver Hunt, Lieutenant of the 7th company of the 19th Regiment of Infantry in this state, to take rank from April 7th 1821. This Assembly do establish Phineas Talcott Junr. Ensign of the 7th company of the 19th Regiment of Infantry in this state, to take rank from April 7th 1821. This Assembly do establish Nathan Bartlett, captain of the 8th company of the 19th Regiment of Infantry in this state, to take rank from April 7th 1821. This Assembly do establish Gurdon Woodworth, Lieut. of the 8th company of the 19th Regiment of Infantry in this state, to take rank from April 7th 1821. This Assembly do establish Zina Winter, Ensign of the 8th company of the 19th Regiment of Infantry in this state, to take rank from April 7th 1821. This Assembly do establish Ebenezer Smith, capt. of the 1st flank company of the 20th Regiment of Infantry in this state, to take rank from August 22d 1820. This Assembly do establish William W. Campbell, Lieut. of the 1st flank comy. of the 20th Regiment of Infantry in this state, to take rank from August 22d 1820. 1821 OF CONNECTICUT 37

This Assembly do establish Levi Bunce, Ensign of the 1st flank comy. of the 20th Regiment of Infantry in this state, to take rank from August 22 1820. This Assembly do establish Isaac Latham, captain of the 2d flank company of the 20th Regiment of Infantry in this state, to take rank from August 22d 1820. This Assembly do establish Henry J. Phelps, Lieut. of the 2d flank company of the 20th Regiment of Infantry in this state, to take rank from August 22d 1820. This Assembly do establish Nathan Smith 2d Ensign of the 2d flank comy. of the 20th Regiment of Infantry in this state, to take rank from August 22d 1820. This Assembly do establish Charles Kellogg, captain of the 2d comy. of the 20th Regiment of Infantry in this state, to take rank from September 21st 1820. This Assembly do establish Ralph Lord, captain of the 4th company of the 20th Regiment of Infantry in this state, to take rank from August 10th 1820. This Assembly do establish Elisha Pelton, Lieutenant of the 4th comy. of the 20th Regiment of Infantry in this state, to take rank from August 10th 1820. This Assembly do establish John Bigelow, Lieutenant of the 4th company of the 20th Regiment of Infantry in this state, to take rank from May 21st 1821. This Assembly do establish Cyrus Phelps, Ensign of the 4th company of the 20th Regiment of Infantry in this state, to take rank from May 21st 1821. This Assembly do establish Horace W. House, Ensign of the 4th company of the 20th Regiment of Infantry in this state, to take rank from August 5th 1820. This Assembly do establish Elijah A. Bingham, capt. of the 5th company of the 20th Regiment of Infantry in this state, to take rank from May 8th 1821. This Assembly do establish Nathaniel Chapman, Lieut. of the 5th comy. of the 20th Regiment of Infantry in this state, to take rank from May 8th 1821. This Assembly do establish Thomas C. Fuller, Ensign of the 5th company of the 20th Regiment of Infantry in this state, to take rank from May 8th 1821.— This Assembly do establish Elisha Covell, captain of the 9th company of the 20th Regiment of Infantry in this state, to take rank from August 22d 1820. This Assembly do establish David Cornwell, Lieut. of the 9th company of the 20th Regiment of Infantry in this state, to take rank from August 22d 1820. This Assembly do establish Oliver Dean, Ensign of the 9th company of the 20th Regiment of Infantry in this state, to take rank from August 22d 1820. This Assembly do establish Henry Porter, captain of the 1st flank comy. of the 21st Regiment of Infantry in this state, to take rank from September 19th 1820. This Assembly do establish Hezh. Wakefield, Lieut. of the 1st flank comy. of the 21st Regiment of Infantry in this state, to take rank from Sept. 19th 1820. This Assembly do establish Joel Loomis, Ensign of the 1st flank comy. of the 21st Regiment of Infantry in this state, to take rank from Sept. 19th 1820. This Assembly do establish Augustus L. Humphrey, capt. of the 2d comy. of the 21st Regiment of Infantry in this state to take rank from Sept. 19th 1820. 38 PUBLIC RECORDS May,

This Assembly do establish Erastus Beman, Lieut. of the 2d comy. of the 21st Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Lester Loomis, Ensign of the 2d comy. of the 21st Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Nathan Tibbals, Lieut. of the 3d company of the 21st Regiment of Infantry in this state to take rank from September 1st 1820. This Assembly do establish James Humphrey, Ensign of the 3d company of the 21st Regiment of Infantry in this state to take rank from September 1st 1820. This Assembly do establish Nathan Tibbals, captain of the 3d company of the 21st Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish James Humphrey, Lieutenant of the 3d comy. of the 21st Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Benjamin Phelps, Ensign of the 3d company of the 21st Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Assembly Isaac J. Newton, Ensign of the 6th comy. of the 21st Regiment of Infantry in this state, to take rank from September 13th 1820. This Assembly do establish Erastus Seymour, Captain of the 7th comy. of the 21st Regiment of Infantry in this state, to take rank from March 29th 1821. This Assembly do establish Loveman Osborn, Lieut. of the 7th company of the 21st Regiment of Infantry in this state, to take rank from March 29th 1821. This Assembly do establish Timothy Rockwell, Ensign of the 7th comy. of the 21st Regiment of Infantry in this state, to take rank from March 29th 1821. This Assembly do establish Elisha Smith, captain of the 8th company of the 21st Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish John Westlake, Lieut. of the 8th company of the 21st Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Amasa Mallory Junr. Ensign of the 8th company of the 21st Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Chauncey Root, Ensign of the 1st flank comy. of the 22d Regiment of Infantry in this state, to take rank from January 8th 1821. This Assembly do establish Ransom Scovil, captain of the 1st company of the 22d Regiment of Infantry in this state, to take rank from Sept. 27th 1819. This Assembly do establish Edward Scovil, Lieut. of the 1st comy. of the 22d Regiment of Infantry in this state, to take rank from Sept. 27th 1819. This Assembly do establish Isaac Brown, Ensign of the 1st company of the 22d Regiment of Infantry in this state, to take rank from Sept. 27th 1819. This Assembly do establish Chauncey Eells, Ensign of the 2d comy. of the 23d Regiment of Infantry in this state, to take rank from April 21st 1821. This Assembly do establish Asa Loomis, Captain of the 3d company of the 23d Regiment of Infantry in this state, to take rank from April 10th 1821. 1821 OF CONNECTICUT 39

This Assembly do establish Roger Loomis, Lieut. of the 3d company of the 23d Regiment of Infantry in this state, to take rank from April 10th 1821. This Assembly do establish Alpheus Kingsley Junr. Ensign of the 3d comy. of the 23d Regiment of Infantry in this state, to take rank from April 10th 1821. This Assembly do establish Joel W. White, Ensign of the 4th company of the 23d Regiment of Infantry in this state, to take rank from August 22d 1820. This Assembly do establish Joel W. White, Lieutenant of the 4th comy. of the 23d Regiment of Infantry in this state, to take rank from April 14th 1821. This Assembly do establish William Hunt Junr. Ensign of the 4th comy. of the 23d Regiment of Infantry in this state, to take rank from April 14th 1821. This Assembly do establish John Albray, capt. of the 5th comy. of the 23d Regiment of Infantry in this state, to take rank from April 13 1821. This Assembly do establish Joshua H. Niles, Lieut. of the 5th comy. of the 23d Regiment of Infantry in this state, to take rank from April 13 1821. This Assembly do establish Otis Dimmock, Ensign of the 5th comy. of the 23d Regiment of Infantry in this state, to take rank from April 13 1821. This Assembly do establish Josiah Brown Junr. Capt. of the 6th comy. of the 23d Regiment of Infantry in this state, to take rank from April 20th 1820. This Assembly do establish Eleazer Loomis 2d Lieut. of the 6th comy. of the 23d Regiment of Infantry in this state, to take rank from April 20th 1820. This Assembly do establish George W. Porter, Ensign of the 6th comy. of the 23d Regiment of Infantry in this state, to take rank from April 20 1820. This Assembly do establish Armin Bolles, captain of the 7th comy. of the 23d Regiment of Infantry in this state, to take rank from March 26th 1821. This Assembly do establish Isaac Pratt, Lieutenant of the 7th company of the 23d Regiment of Infantry in this state, to take rank from March 26th 1821. This Assembly do establish Henry Work Junr. Ensign of the 7th company of the 23d Regiment of Infantry in this state, to take rank from March 26th 1821. This Assembly do establish James Stewart, Ensign of the 1st flank company of the 24th Regiment of Infantry in this state, to take rank from April 9th 1821. This Assembly do establish Samuel Hoyt, captain of the 2d flank comy. of the 24th Regiment of Infantry in this state, to take rank from April 26th 1821. This Assembly do establish Rufus St. John, Lieutenant of the 2d flank comy. of the 24th Regiment of Infantry in this state, to take rank from April 26th 1821. zThis Assembly do establish Nathaniel Silliman, capt. of the 3d flank company of the 24th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Moses H. Staples, Lieut. of the 3d flank comy. of the 24th Regiment of Infantry in this state, to take rank from April 24th 1821. This Assembly do establish Ebenezer S. Hall, Ensign of the 3d flank comy. of the 24th Regiment of Infantry in this state, to take rank from April 24th 1821. 40 PUBLIC RECORDS May,

This Assembly do establish Walter Jones, Ensign of the 1st company of the 24th Regiment of Infantry in this state, to take rank from April 23d 1821. This Assembly do establish Joseph Belden, capt. of the 2d comy. of the 24th Regiment of Infantry in this state, to take rank from August 25 1820. This Assembly do establish Aaron Olmsted, Lieutenant of the 2d comy. of the 24th Regiment of Infantry in this state, to take rank from August 25 1820. This Assembly do establish John D. Lounsbury, Ensign of the 2d comy. of the 24th Regiment of Infantry in this state, to take rank from August 25 1820. This Assembly do establish William Meeker, capt. of the 3d comy. of the 24th Regiment of Infantry in this state, to take rank from August 9 1820. This Assembly do establish Edward Couch, Lieut. of the 3d comy. of the 24th Regiment of Infantry in this state, to take rank from August 9th 1820. This Assembly do establish Nathaniel B. Hill, Ensign of the 3d comy. of the 24th Regiment of Infantry in this state, to take rank from August 9th 1820. This Assembly do establish Stephen Rusco, Lieut. of the 4th company of the 24th Regiment of Infantry in this state, to take rank from April 19th 1821. This Assembly do establish John Adams, Lieut. of the 5th company of the 24th Regiment of Infantry in this state, to take rank from Sept. 23d 1820. This Assembly do establish Isaac Downs, captain of the 5th company of the 24th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Eliphalet T. Smith, Ensign of the 5th comy. of the 24th Regiment of Infantry in this state, to take rank from April 30th 1821. This Assembly do establish Clark Benedict, captain of the 6th comy. of the 24th Regiment of Infantry in this state, to take rank from June 22d 1820. This Assembly do establish Daniel Lynes, Lieut. of the 6th company of the 24th Regiment of Infantry in this state, to take rank from June 22d 1820. This Assembly do establish Gamaliel N. Benedict, Ensign of the 6th comy. of the 24th Regiment of Infantry in this state, to take rank from June 22d 1820. This Assembly do establish Gamaliel N. Benedict, Lieut. of the 6th company of the 24th Regiment of Infantry in this state, to take rank from May 16th 1821. This Assembly do establish John Abbott, Ensign of the 6th company of the 24th Regiment of Infantry in this state, to take rank from May 16th 1821.

This Assembly do establish Miles Foot, captain of the 1st Troop of the 1st Regiment of Cavalry in this state, to take rank from May 24th 1821. This Assembly do establish Joel A. Fuller, 2d Lieutenant of the 1st Troop of the 1st Regiment of Cavalry in this state, to take rank from May 24th 1821. This Assembly do establish Harlow Case, Cornet of the 1st Troop of the 1st Regiment of Cavalry in this state, to take rank from May 24th 1821. This Assembly do establish Samuel Belcher, Captain of the 2d Troop of the 1st Regiment of Cavalry in this state, to take rank from May 23d 1821. 1821 OF CONNECTICUT 41

This Assembly do establish John Heath, 2d Lieutenant of the 3d Troop of the 1st Regiment of Cavalry in this state, to take rank from August 24th 1820. This Assembly do establish Lyman Colborn, Cornet of the 3d Troop of the 1st Regiment of Cavalry in this state, to take rank from August 24th 1820. This Assembly do establish Elisha Fuller, 1st Lieutenant of the 1st Troop of the 2d Regiment of Cavalry in this state, to take rank from August 18th 1820. This Assembly do establish David M. Durkee, 2d Lieutenant of the 1st Troop of the 2d Regiment of Cavalry in this state, to take rank from August 18th 1820. This Assembly do establish Jonathan B. Gurley, Cornet of the 1st Troop of the 2d Regiment of Cavalry in this state, to take rank from August 18th 1820. This Assembly do establish Walter Williams, Captain of the 2d Troop of the 2d Regiment of Cavalry in this state, to take rank from April 10th 1821. This Assembly do establish John Carver, 1st Lieutenant of the 2d Troop of the 2d Regiment of Cavalry in this state, to take rank from April 10th 1821. This Assembly do establish John Kendal Junr. Cornet of the 2d Troop of the 2d Regiment of Cavalry in this state, to take rank from April 10th 1821. This Assembly do establish Austin Tuttle, Captain of the 3d Troop of the 2d Regiment of Cavalry in this state, to take rank from April 10th 1821. This Assembly do establish Gordon Bailey, 2d Lieutenant of the 3d Troop of the 2d Regiment of Cavalry in this state, to take rank from April 10th 1821. This Assembly do establish Erastus Post, Cornet of the 3d Troop of the 2d Regiment of Cavalry in this state, to take rank from April 10th 1821. This Assembly do establish Julius Bristol, 2d Lieutenant of the 3d Troop of the 3d Regiment of Cavalry in this state, to take rank from September 6th 1820. This Assembly do establish Enoch Cornwell, Cornet of the 3d Troop of the 3d Regiment of Cavalry in this state, to take rank from September 6th 1820. This Assembly do establish Selah Hart, 1st Lieutenant of the 4th Troop of the 3d Regiment of Cavalry in this state, to take rank from August 18th 1820. This Assembly do establish Asahel Smith, 2d Lieutenant of the 4th Troop of the 3d Regiment of Cavalry in this state, to take rank from August 18th 1820. This Assembly do establish Henry North, Cornet of the 4th Troop of the 3d Regiment of Cavalry in this state, to take rank from August 18th 1820. This Assembly do establish Henry North, 2d Lieutenant of the 4th Troop of the 3d Regiment of Cavalry in this state, to take rank from May 3d 1821. This Assembly do establish Noah W. Stanley, Cornet of the 4th Troop of the 3d Regiment of Cavalry in this state, to take rank from May 3d 1821. This Assembly do establish Elias S. Sanford, Captain of the 2d Troop of the 4th Regiment of Cavalry in this state, to take rank from September 21st 1820. This Assembly do establish Frederick Seelye, 1st Lieutenant of the 2d Troop of the 4th Regiment of Cavalry in this state, to take rank from September 21st 1820. 42 PUBLIC RECORDS May,

This Assembly do establish William B. Hoyt, 2d Lieutenant of the 2d Troop of the 4th Regiment of Cavalry in this state, to take rank from September 21st 1820. This Assembly do establish Zar Starr Junr. Cornet of the 2d Troop of the 4th Regiment of Cavalry in this state, to take rank from September 21st 1820.

This Assembly do establish Noah Fowler Junr. 2d Lieutenant of the 1st comy. of the 1st Regiment of Horse Artillery in this state, to take rank from Febru- ary 27th 1821. This Assembly do establish Timothy Bartholemew Junr. 3d Lieut. of the 1st comy. of the 1st Regiment of Horse Artillery in this state, to take rank from February 27th 1821. This Assembly do establish Eliakim Linsley 4th Lieut. of the 1st comy. of the 1st Regiment of Horse Artillery in this state, to take rank from February 27th 1821. This Assembly do establish Miner Fowler Junr. Cornet of the 1st comy. of the 1st Regiment of Horse Artillery in this state, to take rank from February 27th 1821. This Assembly do establish Thomas Hubbard, Captain of the 2d comy. of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Thaddeus Cook, 2d Lieutenant of the 2d comy. of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish John Fields, 3d Lieutenant of the 2d comy. of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Watrous Ives, 4th Lieutenant of the 2d comy. of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Sylvester Hull, Cornet of the 2d company of the 1st Regiment of Horse Artillery in this state to take rank from June 13th 1820. This Assembly do establish Enoch W. Platt, captain of the 3d company of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Leverett Treat, 1st Lieutenant of the 3d company of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Newton Baldwin, 2d Lieutenant of the 3d comy. of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Leverett Carrington, 3d Lieut. of the 3d comy. of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. 1821 OF CONNECTICUT 43

This Assembly do establish Zina Hotchkiss, 4th Lieut. of the 3d comy. of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Enoch Woodruff, cornet of the 3d company of the 1st Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Thomas Thomas, Captain of the 2d company of the 2d Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish James Fitch, 2d. Lieut. of the 2d company of the 2d Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Daniel G. Edgerton, 3d Lieutenant of the 2d comy. of the 2d Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Cyrus Miner, 1st Lieutenant of the 2d comy. of the 2d Regiment of Horse Artillery in this state, to take rank from June 19th 1820. This Assembly do establish James Fitch 1st Lieutenant of the 2d comy. of the 2d Regiment of Horse Artillery in this state, to take rank from Augt. 29th 1820. This Assembly do establish Daniel G. Edgerton, 2d Lieut. of the 2d comy. of the 2d Regiment of Horse Artillery in this state, to take rank from Augt. 29th 1820. This Assembly do establish Elisha M. Kingsley, 3d Lieut. of the 2d comy. of the 2d Regiment of Horse Artillery in this state, to take rank from Augt. 29th 1820. This Assembly do establish Gurdon Gifford Junr. 4th Lieut. of the 2d comy. of the 2d Regiment of Horse Artillery in this state, to take rank from Nov. 1st 1820. This Assembly do establish Azor Abel, Cornet of the 2d company of the 2d Regi- ment of Horse Artillery in this state, to take rank from November 1st 1820. This Assembly do establish Youngs Nichols, 4th Lieutenant of the 1st company of the 3d Regiment of Horse Artillery in this state, to take rank from April 19th 1821. This Assembly do establish Isaac Cummins, Cornet of the 1st company of the 3d Regiment of Horse Artillery in this state to take rank from April 19th 1821. This Assembly do establish Elisha Silliman, Captain of the 2d company of the 3d Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish James Scott Junr. 1st Lieutenant of the 2d comy. of the 3d Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Charles Seymour, cornet of the 2d company of the 3d Regiment of Horse Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Charles Seymour, 2d. Lieut. of the 2d comy. of the 3d Regiment of Horse Artillery in this state, to take rank from November 9th 1820. 44 PUBLIC RECORDS May,

This Assembly do establish Joseph Silliman, 3d Lieut. of the 2d comy. of the 3d Regiment of Horse Artillery in this state, to take rank from November 9, 1820. This Assembly do establish Samuel W. Knapp, 4th Lieut. of the 2d comy. of the 3d Regiment of Horse Artillery in this state, to take rank from Nov. 9th 1820. This Assembly do establish Charles O. H. Middlebrook, cornet of the 2d comy. of the 3d Regiment of Horse Artillery in this state, to take rank from No- vember 9, 1820. This Assembly do establish David Hill Junr. Captain of the 3d company of the 3d Regiment of Horse Artillery in this state, to take rank from May 12th 1821. This Assembly do establish Lewis Burr, 2d Lieut. of the 3d company of the 3d Regiment of Horse Artillery in this state, to take rank from May 12, 1821. This Assembly do establish James B. Wilson, 3d Lieut. of the 3d comy. of the 3d Regiment of Horse Artillery in this state, to take rank from May 12th 1821. This Assembly do establish Charles Hendrick, 1st Lieut. of the 4th comy. of the 3d Regiment of Horse Artillery in this state, to take rank from April 19th 1821. This Assembly do establish Israel K. Wood, 2d Lieut. of the 4th comy. of the 3d Regiment of Horse Artillery in this state, to take rank from April 19th 1821. This Assembly do establish Earle Smith 3d Lieutenant of the 4th comy. of the 3d Regiment of Horse Artillery in this state, to take rank from April 19th 1821. This Assembly do establish John C. Sanford, 4th Lieutenant of the 4th company of the 3d Regiment of Horse Artillery in this state, to take rank from April 19th 1821. This Assembly do establish Smith Scott, Cornet of the 4th company of the 3d Regiment of Horse Artillery in this state, to take rank from April 19 1821.

This Assembly do establish William H. Clark, Captain of the 1st company of the 1st Regiment of Light Artillery in this state, to take rank from Septem- ber 1st 1820. This Assembly do establish Elijah F. Dutton, 1st Lieutenant of the 1st comy. of the 1st Regiment of Light Artillery in this state, to take rank from Sep- tember 1st 1820. This Assembly do establish Joseph Jackson, 2d Lieutenant of the 1st comy. of the 1st Regiment of Light Artillery in this state, to take rank from Septem- ber 1st 1820. This Assembly do establish Abijah Thatcher, Captain of the 2d company of the 1st Regiment of Light Artillery in this state, to take rank from April 24th 1821. This Assembly do establish Nathaniel Herrick, 1st Lieutenant of the 2d comy. of the 1st Regiment of Light Artillery in this state, to take rank from April 24th 1821. 1821 OF CONNECTICUT 45

This Assembly do establish Eleazer L. Lathrop, 2d Lieutenant of the 2d comy. of the 1st Regiment of Light Artillery in this state, to take rank from April 24th 1821. This Assembly do establish Stephen Hawley, Captain of the 5th comy. of the 1st Regiment of Light Artillery in this state, to take rank from May 4th 1821. This Assembly do establish Charles Foote, 1st Lieutenant of the 5th comy. of the 1st Regiment of Light Artillery in this state, to take rank from May 4th 1821. This Assembly do establish Albert E. Sherwood, 2d Lieut. of the 5th comy. of the 1st Regiment of Light Artillery in this state, to take rank from May 4th 1821. This Assembly do establish Alfred Worthington, capt. of the 8th comy. of the 1st Regiment of Light Artillery in this state, to take rank from November 2d 1820. This Assembly do establish Sylvester Chalker, 1st Lieut. of the 8th comy. of the 1st Regiment of Light Artillery in this state, to take rank from Nov. 2d 1820. This Assembly do establish Jabez Southworth, 2d. Lieutenant of the 8th comy. of the 1st Regiment of Light Artillery in this state, to take rank from No- vember 2d 1820. This Assembly do establish Dudley Clark, captain of the 9th company of the 1st Regiment of Light Artillery in this state, to take rank from April 10th 1821. This Assembly do establish Roswell Brainerd, 1st Lieutenant of the 9th comy. of the 1st Regiment of Light Artillery in this state, to take rank from April 10th 1821. This Assembly do establish David B. Ventris, 2d Lieutenant of the 9th comy. of the 1st Regiment of Light Artillery in this state, to take rank from April 10th 1821. This Assembly do establish Hazard Hull, Captain of the 2d company of the 2d Regiment of Light Artillery in this state, to take rank from Sept. 15th 1820. This Assembly do establish Prosper Cary, 1st Lieutenant of the 2d company of the 2d Regiment of Light Artillery in this state, to take rank from September 15th 1820. This Assembly do establish Selah Brown, 2d Lieutenant of the 2d company of the 2d Regiment of Light Artillery in this state, to take rank from September 15th 1820. This Assembly do establish Selah Brown, 1st Lieutenant of the 2d company of the 2d Regiment of Light Artillery in this state, to take rank from May 8th 1821. This Assembly do establish Cordial Newcomb, 2d Lieutenant of the 2d comy. of the 2d Regiment of Light Artillery in this state, to take rank from May 8th 1821. This Assembly do establish Solomon Olmsted, Captain of the 3d company of the 2d Regiment of Light Artillery in this state, to take rank from June 13th 1820. 46 PUBLIC RECORDS May,

This Assembly do establish Daniel Marsh, 1st Lieutenant of the 3d company of the 2d Regiment of Light Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Edwin P. Harrington, 2d Lieutenant of the 3d company of the 2d Regiment of Light Artillery in this state, to take rank from June 13th 1820. This Assembly do establish Jairus Smith, 1st Lieutenant of the 5th company of the 2d Regiment of Light Artillery in this state, to take rank from September 6th 1820. This Assembly do establish Vine Hovey, 2d. Lieutenant of the 5th company of the 2d Regiment of Light Artillery in this state, to take rank from September 6th 1820. This Assembly do establish John Porter, Captain of the 6th company of the 2d Regiment of Light Artillery in this state, to take rank from August 16th 1820. This Assembly do establish Harry Kimball, 1st Lieutenant of the 6th company of the 2d Regiment of Light Artillery in this state, to take rank from August 16th 1820. This Assembly do establish Henry Gay, 2d Lieutenant of the 6th company of the 2d Regiment of Light Artillery in this state, to take rank from August 16th 1820. This Assembly do establish Richard Peck, Captain of the 7th company in the 2d Regiment of Light Artillery in this state, to take rank from May 30th 1821. This Assembly do establish Chauncey Ives, 1st Lieutenant of the 7th company of the 2d Regiment of Light Artillery in this state, to take rank from May 30th 1821. This Assembly do establish George Bulkley, 2d Lieutenant of the 7th company of the 2d Regiment of Light Artillery in this state, to take rank from May 30th 1821. This Assembly do establish Samuel Dodd, 1st Lieutenant of the 8th company of the 2d Regiment of Light Artillery in this state, to take rank from April 6th 1821. This Assembly do establish Horace Goodwin, Captain of the 8th company of the 2d Regiment of Light Artillery in this state, to take rank from April 16th 1821. This Assembly do establish Chauncey Richards, 2d Lieutenant of the 11th comy. of the 2d Regiment of Light Artillery in this state, to take rank from August 29th 1820. This Assembly do establish Lewis S. Hoyt, 2d Lieutenant of the 1st company of the 4th Regiment of Light Artillery in this state, to take rank from May 7th 1821.

This Assembly do establish John T. Peters, capt. of the 1st comy. of Riflemen, in the 20th Regiment of Infantry in this state, to take rank from May 21st 1821. 1821 OF CONNECTICUT 47

This Assembly do establish James Sparrow, Lieut. of the 1st comy. of Rifle- men in the 20th Regiment of Infantry in this state, to take rank from May 21st 1821. This Assembly do establish William J. Turner, Ensign of the 1st comy. of Rifle- men in the 20th Regiment of Infantry in this state, to take rank from May 21st 1821. This Assembly do establish Elisha Andrus Junr. Lieut. of the 2d comy. of Rifle- men in the 6th Regiment of Infantry in this state, to take rank from Septem- ber 8th 1819. This Assembly do establish Elisha Tyler, Captain of the 9th company of the 1st Regiment of Riflemen in this state, to take rank from September 21st 1820. This Assembly do establish Dwight R. Tyler, Ensign of the 9th company of the 1st Regiment of Riflemen in this state, to take rank from September 21st 1820. This Assembly do establish Jacob Hubbard, Captain of the 4th company of the 2d Regiment of Riflemen in this state, to take rank from August 22d 1820. This Assembly do establish James Winship, Lieutenant of the 4th comy. of the 2d Regiment of Riflemen in this state to take rank from August 22d 1820. This Assembly do establish George Marsh, Ensign of the 4th company of the 2d Regiment of Riflemen in this state, to take rank from August 22d 1820. This Assembly do establish Albert Edwards, Capt. of the company of Riflemen in the 4th Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish James Burr, Lieut. of the company of Riflemen in the 4th Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish David Corning, Ensign of the comy. of Riflemen in the 4th Regiment of Infantry in this state, to take rank from April 27th 1821. This Assembly do establish Hiram Woodruff, Ensign of the 4th comy. of Rifle- men in the 6th Regiment of Infantry in this state, to take rank from May 8th 1821.—

This Assembly do establish Daniel Colt, Brigade Major and Inspector of the Brigade of Artillery in this state, to take rank from July 11th 1820. This Assembly do establish Russell Wheeler, Brigade Major and Inspector of the 3d Brigade of Infantry in this state, to take rank from August 16th 1820. 48 PUBLIC RECORDS May,

An act for appointing the times and places of holding the courts therein mentioned.6 [Connecticut Mirror, June 18, 1821] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the several courts hereinafter mentioned, shall be held at the times and places hereinafter specified, namely; in the county of Hartford, The Supreme court of Errors, on the second Tuesday in June: The Superiour Court, on the second Tuesday in February, and on the first Tues- day in September: The County Court, on the fourth Tuesday in March, on the second Tuesday in August, on the second Tuesday in November. In the county of New-Haven, The Supreme court of Errors, on the Tuesday following the fourth Tuesday in June: The Superiour Court, on the third Tuesday in January, on the second Tuesday in August: The County court, on the third Tuesday in March, on the fourth Tuesday in June, on the fourth Tuesday in November. In the county of New-London, The Supreme court of Errors, on the third Tuesday in July, alternately at New- London and Norwich beginning at New-London: The Superiour court, on the fourth Tuesday in January, on the first Tuesday in October, yearly, alternately at New-London and Norwich, beginning at New-London: The County Court, on the first Tuesday in March, alternately at New-London and Norwich, beginning at New-London, on the second Tuesday in June at New-London, on the third Tuesday in November, at Norwich. In the county of Fairfield, The Supreme court of Errors, on the fourth Tuesday in June, alternately at Fairfield and Danbury, beginning at Danbury: The Superiour Court, on the third Tuesday in September, at Danbury, on the last Tuesday in December, at Fairfield: The County court, on the last Tuesday in February, alternately at Fairfield and Danbury, beginning at Fairfield, on the third Tuesday of April, at Fairfield, on the third Tuesday in November, at Danbury. In the county of Windham, The Supreme court of Errors, on the fourth Tuesday in July;

6. A committee report on the bill records minor adjustments by the Senate. In the bill itself, the House added the phrase “beginning at [town name]” in those instances where courts were to meet at alternate locations; the Senate concurred in the additions. General Assembly Papers, 1821, Box 1, folder 2, item 15; folder 21, item 4. 1821 OF CONNECTICUT 49

The Superiour Court, on the first Tuesday in January, on the second Tuesday in September: The county court, on the third Tuesday in August, on the third Tuesday in March, on the second Tuesday in December. In the county of Litchfield, The Supreme court of Errors, on the third Tuesday in June; The Superiour Court on the third Tuesday in February, on the third Tuesday in August; The county court, on the first Tuesday in April, on the fourth Tuesday in Sep- tember, on the third Tuesday in December. In the county of Middlesex, The Supreme court of Errors, on the second Tuesday of July, alternately, at Middletown and Haddam, beginning at Middletown; The Superiour court on the fourth Tuesday in February, at Middletown, on the fourth Tuesday in October, at Haddam; The County court, on the Tuesday after the first Monday in April, at Haddam, on the fourth Tuesday in September, at Middletown. In the county of Tolland, The Supreme court of Errors, on the Tuesday following the fourth Tuesday in July; The Superiour Court, on the third Tuesday in April, on the fourth Tuesday in December; The County Court, on the second Tuesday in March, on the second Tuesday in September. Sec. 2. Be it further enacted, that all actions, suits, process, and other business pending before, or returnable to either of the courts aforesaid, at the terms thereof, as heretofore established, shall be entered in the respective dockets of said courts, at the several terms prescribed by this act, and proceeded with in the same manner, as if no alteration had taken place in the times of holding said courts.

May Session, 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott. 50 PUBLIC RECORDS May,

An act for the appointment of State Attornies.7 [Connecticut Mirror, June 18, 1821] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that in each county in this state, there shall be one State Attorney, who shall prosecute, manage and plead in the county where such At- torney is appointed, in all matters proper for, and in behalf of the state; which Attornies shall be appointed by the several county courts in their respective counties, and shall hold their offices for two years, unless sooner removed by said courts. Sec. 2. That each State Attorney, before entering upon the duties of his office, shall take the oath prescribed by the constitution for executive officers, and give bond with security, to the Treasurer of this state, and to his acceptance, in the sum of three thousand dollars, conditioned that such State Attornies shall annually account for, and pay over according to law, all monies belonging to this state, which he, as State Attorney, may receive. Sec. 3. That whenever the State Attorney, in any courts, shall be absent or disqualified to act in any case, the county or Superiour court, before whom such cause is pending, may appoint a special attorney for the prosecution of the cause in question; and also, on application of the attorney, to appoint an Assistant Attorney, to aid in the prosecution of any suit or information.

May Session, 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

An act regulating Civil Actions.—8 [Connecticut Mirror, June 18, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that all causes wherein the title of land is not concerned, and wherein the debt, trespass, damage, or other matter in demand, does not exceed thirty five dollars, shall and may be heard and determined by one Justice of the

7. The oath for executive officers, referenced in the second section of the act, can be found in the Connecticut constitution of 1818, Article Tenth, Section 1. S.R., XIX, 337. Representative Samuel A. Foot of Cheshire moved to have the Assembly rather than the county courts appoint the attorneys, but his resolution was defeated: House Proceedings of June 1, 1821: Mirror, June 11, 1821. 8. The final phrase (“except actions . . . money only”) was inserted at some point during the drafting process. The bill originally contained a second section allowing appeals to the superior court of county court actions in cases where the title of land was in question or where the value exceeded seventy dollars. The Senate initially dissented, proposing to delete the provision about land titles and eliminate a final clause prohibiting additional appeals. Following the recommendation of a conference committee, the legislators agreed to eliminate the entire second section. General Assembly Papers, 1821, Box 1, folder 2, item 13. 1821 OF CONNECTICUT 51

Peace; but in all cases, when the sum demanded, shall exceed the sum of seven dollars, an appeal shall be allowed to the next county court, except actions on notes or bonds vouched by two witnesses, and given for money only.

May Session, 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

An act in alteration of an act entitled “an act in addition to an act laying a duty in certain cases,” passed May Session, 1820.9 [Connecticut Mirror, June 18, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that it shall be the duty of every Sheriff, deputy Sheriff, constables and indifferent person, who shall serve a writ or process, on which a duty shall be certified, to return the same to the clerk of the court, to which the same is made returnable, forty eight hours, at least, before the commencement of the session of such court. And if any such writ or process shall not be so returned within the time aforesaid, the person who served the same, shall not be entitled to any fees for such service; but the court, to which the same is returnable, may, at their discretion, order the same to be entered in the docket of said court, any time during the three first days of the term. And if the suit shall be settled before such writ is returned, the officer shall (if he knows the fact) state the same on some part of said process; and the suits so stated to be settled, shall not be entered in the docket of said court. And be it further enacted, that the second and third sections of the act last aforesaid, be, and the same are hereby repealed.

May Session, 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

9. The basic title on duties can be found in Stat. Conn., 1808, pp. 242–44. The present act adjusted the administrative procedures established in the second and third sections of the 1820 act, for which see S.R., XX, 290–91. At some point during the drafting process the phrase “any time during the three firtst days of the term” was added to the bill. General Assembly Papers, 1821, Box 1, folder 2, item 12. 52 PUBLIC RECORDS May,

An act in alteration of an act in addition to an act, entitled “an act for forming and conducting the military force of this state,” passed May Session 1820.10 [Connecticut Mirror, June 25, 1821] Be it enacted by the Senate and the House of Representatives in General As- sembly convened, that so much of the fourth section of said act as requires the Captain General to reduce the Cavalry to four Regiments, and all the proceedings in execution and pursuance thereof, be, and the same are hereby repealed and annulled. And the Cavalry of this state shall consist of five Regiments as organized at the time of passing said act, and to be annexed to the brigades of Infantry as provided thereby.

May Session, 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 5th 1821. Oliver Wolcott.

An act to prevent the spreading of the Canada Thistle.11 [Connecticut Mir- ror, June 25, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that every owner or possessor or lands, shall cut or mow down, all the Canada Thistles growing thereon, or in the highway adjoining the same, so often as to prevent their going to seed; and if any owner or possessor of land, shall suffer any such Thistles to grow thereon, or in the highway adjoining the same, and the seed to ripen, so as to cause or endanger the spreading thereof, he shall forfeit and pay the sum of five dollars for every offence, to him who shall prosecute his action to effect; and any person may enter on the lands of another, who shall neglect to cut or mow down such thistles, and may cut or mow down such thistles, and shall not be liable to be sued in an action of trespass therefor. No owner or possessor of lands, which are in grass, shall plow, or suffer to be plowed, any lands on which Canada Thistles are growing; and where lands are in tillage, on which such thistles are growing, the owner or possessor shall, as soon as may be, cause the same to be seeded down to grass; and if any such owner or possessor shall be guilty of a breach of this section of the act, he

10. The fourth section of the 1820 act had been intended to carry into effect a provision in the last comprehensive militia act, passed in 1815. S.R., XVII, 447; S.R., XX, 300n, 301. For the significance of the militia reforms during these years, see above, pp. xxii–xxiv. 11. The misnamed Canada thistle (Cirsium arvense) was introduced to North America from Europe during the colonial period and was widely prevalent in the northern U.S. and Canada by the time of this legislative action. By the mid-twentieth century it had been classified as a “nox- ious weed” in almost every American state. J. M. Hodgson, The Nature, Ecology, and Control of Canada Thistle (Agricultural Research Service, U.S. Department of Agriculture, Technical Bul- letin No. 1386; Washington, D.C., 1968), pp. 1–2. 1821 OF CONNECTICUT 53

shall forfeit five dollars, to be recovered by any person, who shall sue for, and prosecute the same to effect. Every town shall have power to make such regulations as they may judge proper and expedient, to destroy or prevent the spreading of Canada Thistles. If any person shall knowingly, vend any grass seed, in which there is any seed of the Thistle, such person shall be liable to pay a penalty of ten dollars, to the use of any person, who will prosecute the same to effect.

May Session 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

An act extending the powers of the several cities in this state.12 [Connecti- cut Mirror, June 25, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the Mayor, Aldermen and common council of each incorporated city in this state, shall have power, and power is hereby given to them, to make Bye-laws, prohibiting, and regulating, the bringing in, and carrying out of, or storeing in said cities, gun-powder, and to inflict penalties for the breach of such Bye-laws: Provided, that such penalties shall not exceed thirty four dollars for a quantity of powder not exceeding twenty five pounds; and for each and every further amount of twenty five pounds of gun-powder, an additional penalty not exceeding fifteen dollars; and said penalties shall be to said corporations respectively, or to such individual or individuals, and be collected in such manner as said Bye-laws shall direct.

May Session 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved May 24th 1821. Oliver Wolcott.

12. The Senate made two substitutions in the bill: the word “extending” for the phrase “in addition to” in the title; and the phrase “an additional penalty not exceeding” for the words “such penalties shall not exceed the sum of.” The House concurred in these changes. General Assembly Papers, 1821, Box 1, folder 2, item 8. 54 PUBLIC RECORDS May,

An act in addition to an act entitled “an act to incorporate a saving society in the city of Hartford.”13 [Connecticut Mirror, June 25, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the funds of said corporation may be vested, by purchase, in Bank stock in any bank in this state, or any other public stock of any state, or of the United States, and dispose of the same from time to time, to such an amount as will meet the demand for deposits made in such society.

May Session, 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

13. This bank, incorporated in 1819, had been intended to increase the savings of the industrious poor. The present act was apparently the only result of a May 8, 1820, petition from the society, which requested an increase in the annual amount that any individual could deposit from the $200 presently authorized in order to generate greater funds to cover the society’s operations. The petition also requested the expansion, granted here, of allowable investments beyond making loans, as provided in the 1819 act. Two comprehensive but unsuccessful bills resulted from the petition, one in 1820 and one in 1821; both provided for the increase in deposits in addition to the expansion of investment opportunities. Although the 1820 bill was unsuccessful, it is noteworthy that the Senate expunged a phrase that would have defined the society as a charitable institution, a distinction not made in the 1819 incorporating act. In the present act, the Senate added several lines of text after the words “any bank in this state”; the House modified that text—producing the final version found here—by substituting the words “from time . . . such society” for “as the interest of said corporation may require.” The increased investment range granted here was congruent with the gradual evolution of savings societies into sources of investment capital in the nineteenth century. S.R., XX, 62–64, 62n; Rejected Bills, Box 6, 1821–1824, folder 3, 1822, items 2–4; General Assembly Papers, 1821, Box 1, folder 2, item 1. 1821 OF CONNECTICUT 55

An act further to enable the Baptist Trustees to execute the duties of their trust.14 [Connecticut Mirror, June 25, 1821] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the several Baptist societies in this state, to whom was granted a sum of money specified in an act of Assembly passed in Octo- ber Anno Domini one thousand eight hundred and sixteen, and who have not already applied to the Trustees appointed by said act to divide and appropriate the said money, for their just proportion of the same, be, and they are hereby required, if they see cause, to apply to the said trustees for their proportion of said money, within the term of six months after the rising of this Assembly. Sec. 2. And be it further enacted, that the sums apportioned by the said trustees, to such society or societies as shall neglect to apply for the same within the time so limited as aforesaid shall thereafter be considered as by said society or societies, voluntarily relinquished to this state; and the said trustees are hereby authorized to pay over and apply the same, in the same manner, as if it had been relinquished by such society or societies, by special act for that purpose.

May Session 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

14. “An Act for the Support of Literature and Religion,” passed in the October 1816 session, was a focus of intense political controversy at the beginning of the Reform movement that toppled the Federalist establishment. It appropriated varying percentages of funds owing Connecticut by the federal government in connection with the War of 1812 to different Christian denominations. Even though Baptists did not apply for any part of this prospective fund, section 6 of the Act awarded one eighth of this money to the denomination for support of the Gospel in its various societies. The act also appointed ten men as Baptist Trustees; as a body “Politic and corporate,” the Trustees had full power to receive and apply the sums to be received under the act. S.R., XVIII, xxvi–xxviii, 113–15. In the 1820 session, the General Assembly had voted that the trustees, once they ascertained the proportions of amounts declined by the various Baptist societies, would be empowered to pay this sum to a Connecticut Baptist Education Society; the Assembly then incorporated that body. On petition of its agents, the legislature authorized the payment of such declined sums to the society. S.R., XX, 256–57, 340, 340n. The trustees, in a petition to the General Assembly dated May 2, 1821, noted that a number of local Baptist societies had failed to apply for their portion of the sums appropriated, “or to express their will and intention respecting the application of the sum,” meaning that the Trustees remained “subjected to a perpetual responsibility from which in their opinion they have a right to be liberated.” The petitioners asked that the societies which had not responded be given a limited period of time to do so, after which, absent application, the funds which would have gone to those particular societies would revert to the state. This act authorized such a time limit and reversion. General Assembly Papers, 1821, Box 1, folder 18, item 9. 56 PUBLIC RECORDS May,

An act relative to the collectors of Taxes.—15 [Connecticut Mirror, June 25, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that if any collector of any state, town or society tax or taxes, shall neglect or refuse to receive the rate-bill or rate-bills, which he is appointed to collect, for the purpose of collecting the same, or shall die before he has completed the collection of such rate-bill or rate-bills, or having received the same, shall neglect to collect or pay the rates or taxes to him committed, by the time appointed for that purpose, and shall deliver up his rate-bill or bills to the selectmen of the town wherein he is appointed, in the case of a state or town tax, or to the society’s committee of the society wherein he is appointed, in the case of a society tax; it shall be lawful for the selectmen of the town wherein such collector is appointed, in the case of a state or town tax, and for said society’s committee, in the case of a society tax, to depute some meet person to collect such rate-bill or bills, or the remaining sums that may be due on the same, as the case may be; and the person so deputed, in either of the cases aforesaid, shall have full power to enforce and complete the collection of such taxes. Be it further enacted, that “an act in addition to an act providing for the collection and payment of rates or taxes,” enacted in October 1802, be, and the same hereby is repealed.

May Session, 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

15. This act modified and elaborated the provisions in the 1802 act repealed below: Stat. Conn., 1808, p. 572. The basic title on the collection and payment of rates or taxes, which covered all forms of taxation, local as well as state-wide, can be found in ibid., pp. 560–72. During the drafting process, the phrase “of the town wherein such collector is appointed” was added and the word “town” was substituted for “society” in the phrase “in the case of a state or town tax.” Gen- eral Assembly Papers, 1821, Box 1, folder 2, item 2. 1821 OF CONNECTICUT 57

[An Act for continuing the Town of Bridgeport a part of the Probate Dis- trict of Stratford]16 [Connecticut Mirror, June 25, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the town of Bridgeport be and remain part of the Probate district of Stratford.

May Session 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

An act in addition to an act entitled “an act for constituting and regulating courts, and appointing the times and places of holding the same.”17 [Connecticut Mirror, June 25, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the town of Suffield be and remain one Probate district, known by the name of the District of Suffield:Always provided, that all matters and business relative to the office of a court of probate, that have already been begun or entered in the court of probate for the district of Hartford, and the district of Granby, shall be completed in the same.

May Session 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

16. This action resulted from the incorporation of the town of Bridgeport at the present section: see below, pp. 85–88, 85–86n. The title is missing in the Public Records manuscript; we have supplied it from the printed version in the Mirror. 17. In a petition dated May 14, 1821, inhabitants from a section of Suffield complained that it was “troublesome & expensive” to travel to Hartford to transact business. The House added the phrase “and the district of Granby” to the bill; the Senate concurred in the change. General As- sembly Papers, 1821, Box 1, folder 2, item 4; folder 18, item 14. 58 PUBLIC RECORDS May,

An act in addition to an act entitled “an act imposing a duty on sales at auction, in certain cases.”18 [Connecticut Mirror, June 25, 1821] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the act imposing a duty on sales at auction in certain cases, passed May 1820, shall not be construed to extend to seal skins, or whale, or spermaceti, or elephant, or fish oil, or fish, or whale-bone, taken and imported by citizens of this state.

May Session 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 4th 1821. Oliver Wolcott.

18. In a petition dated April 30, 1821, owners of sealing vessels petitioned for clarification of whether seal skins would be subject to the 1820 act which levied duties on items of foreign growth and manufacture (S.R., XX, 281–82, 281n); the petitioners pointed out that the value of the skins was derived from the labor of the American mariners who took them and were not truly of foreign origin. Representative Timothy Pitkin of Farmington stated that it had not been intended to include the seal fisheries in the 1820 act and went to say that he “was glad that our citizens in the eastern part of the State were engaged in this business—they ought to be encouraged in every possible way—they were bringing wealth into the country and carrying none out of it.” General Assembly Papers, 1821, Box 1, folder 19, item 22; House Proceedings of May 7, 1821: Mirror, May 14, 1821. 1821 OF CONNECTICUT 59

An act for confirming the statute laws of this state, as revised by the Gen- eral Assembly, at the present session.19 [Connecticut Mirror, June 25, 1821] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that all the acts revised and approved, or enacted at the present session, be, and they are hereby enacted and confirmed as the laws of this state: And that all statute laws of this state, other than the said acts revised and approved, or enacted at the present session, be, and they are hereby repealed. Provided nevertheless that all rights, privileges and immunities, granted to, and vested in any person or persons, or body corporate, by virtue of any of the laws hereby repealed, shall remain unimpaired and unaffected by such repeal; and that all acts of a private nature, omitted in this revision, shall continue in force, as private acts: Provided also, that all matters commenced by virtue of any of the laws hereby repealed, now depending or unfinished,

19. For the background of this act and the 1820 appointment of the committee to revise the statutes, see above, pp. xviii–xxi. The three-man committee of Thomas Day, Lemuel Whitman, and Zephaniah Swift reported their draft revision to the Assembly in early May 1821, explaining how they had gone about their work: in order to “facilitate the acquisition of knowledge” about the law, the committee strove to make “a methodological and systematic view of the whole” by gathering together laws relating to the same subject and making appropriate additions and changes in phraseology. This had led, in particular, to the consolidation of regulations relating to cities, boroughs, and banks. Private acts, such as those incorporating manufacturing and insurance companies were omitted; however, Day, Whitman, and Swift recommended that the Assembly declare, as it did in the present act, that all private rights and privileges should be honored. A joint legislative committee noted that many of the acts reported by the drafting committee had “received very little alteration” and recommended that they simply be reviewed by other joint committees. Acts which had been more thoroughly revised, however, should be considered by the legislature itself; in such cases, the drafting committee should “explain and give any information that may be required” about the changes. The joint committee also recommended appointing another committee to report whether any of the omitted statutes “ought to be retained” and established procedures for presenting the revised statutes to the governor and for their eventual publication. The legislative proceedings indicate that Swift spoke to the House on several occasions about the rationale for certain changes; the legislative and executive journals show that the House, Senate, and governor acted formally on each section or title of the revised statutes as a separate bill. The committee on the omitted laws reported that nothing had been omitted which ought to have been retained, with the exception of an act on the building of ships, which it referred to a special committee. The result of all this activity was the present act adopting the revised statutes and the series of resolutions below (pp. 66–68, 66n) setting up the mechanisms for publication of the statutes and compensation for the drafting committee. We have not found a copy of the drafting committee’s report in the legislative papers at the CSL, but it was reproduced in the preface to Stat. Conn., 1821, pp. viii–ix; for the other material cited here, see General Assembly Papers, 1821, Box 1, folder 21, items 7, 14–16; House, Senate, and Executive Journals, May–June 1821, passim; House Proceedings and Debates of May 3, 5, 7, 14, 22 [misdated May 27], 24, 28, 31, 1821: Mirror, May 7, 14, 21, 28, June 4, 1821. During the drafting process the final phrase was added to the first proviso in the first section: “and that all acts of a private nature . . . private acts.” General Assembly Papers, 1822, Box 2, folder 4, items 31–32. 60 PUBLIC RECORDS May,

may be prosecuted and pursued to final effect, in the same manner as they might have been, if this act had not been passed. Provided also, that such of the revised laws as remain substantially the same, as before the revision, shall be considered as having continued in force from the time that they were first enacted, any circumstantial amendments, or variations in phraseology, arrangements and connexion, notwithstanding. Sec. 2. And be it further enacted, that when the said revised laws shall have been printed and published, under the superintendence of the persons appointed for that purpose, one copy thereof shall be deposited, and forever kept in the Secretary’s office, to which he shall annex a certificate under his hand and the seal of the state, that the acts and laws therein contained, are the acts and laws of this state; and such copy so certified, shall be deemed, and taken to be an authentic record of such acts and laws. Sec. 3. And be it further enacted, that this act, and the said revised laws, herein mentioned, shall go into operation, and take effect, on the first day of January, one thousand eight hundred and twenty two, and not before.

May Session 1821. Elisha Phelps, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved June 5th 1821. Oliver Wolcott.

This Assembly do appoint Caleb Pond, Henry Seymour and Nathaniel Goodwin, with the Controller, to Audit and adjust the public accounts with the Treasurer of this state, to the first day of April 1822.

Ordered by this Assembly, that the Honourable Dixon Hall and Solomon Taintor, Esquire, present the thanks of this Assembly to the Rev. Ludovicus Weld, for his sermon delivered before this Assembly, at the opening of the session, and request a copy thereof, that it may be printed.20

20. Ludovicus Weld (1766–1844), son of the Rev. Ezra Weld, graduated from Harvard in 1789, becoming an ordained Congregational minister three years later. Ill health led him to end his pastorate in Hampton, Connecticut, after thirty-one years. He moved to New Jersey near the home of his youngest son, Theodore Dwight Weld (1802–95) and his daughter-in-law Angelina Emily Grimké (1805-1879), famous abolitionist couple. Jonathan Clark, “Letter Concerning a Branch of the Weld Family,” Mar. 10, 1854, The New England Historical and Genealogical Register, VIII (Boston, 1854), 207–8; Keller, Second Great Awakening, p. 183n. Ludovicus Weld’s 1821 election sermon, printed as The Kingdom of Grace Merits Universal Patronage. A Sermon . . . (Hartford, 1821) was based on Luke xii: 29–31: “And see not ye what ye shall eat, or what ye shall drink, neither be ye of doubtful mind. For all these things do the nations of the world seek after: and your Father knoweth that ye have need of these things. But rather seek ye the kingdom of God; and all these things shall be added unto you.” 1821 OF CONNECTICUT 61

Resolved by this Assembly, that a tax of one cent on the dollar, on the polls and taxable estate, as included and returned in the assessment list of 1820, be levied and collected in this state, as is in such case, by law provided, payable into the Treasury by the 20th day of February 1822.

Resolved by this Assembly, that the dividends on the bank stock owned by this state, which shall accrue before the first day of December 1821, be, and the same hereby are appropriated to defray the civil list expences, any law or resolve to the contrary notwithstanding.

Whereas it is represented to this Assembly, that from the unusual pressure of the times, occasioned by the scarcity of money, and the almost total failure of foreign markets, sundry of the School Fund debtors have found it impossible to pay the interest on their bonds, and have been recorded by the Treasurer of this state, as being in arrear for interest, agreeably to the requirement of the resolve of the General Assembly, of October 1817, and are thereby subjected to the payment of the principal of their bonds, which, it is apprehended, would be their utter ruin to attempt, at a time when property, on a forced sale, will not bring anything like its fair value; therefore,21 Resolved by this Assembly, that the Treasurer be, and he is hereby authorized and directed to erase from the record, the names of all such debtors as shall pay all arrears of interest on their bonds, and the accruing interest of the present year, the one half in the month of September next, and the other half in the month of February next, or shall give new, ample and satisfactory security, to the acceptance of the Commissioner of the School Fund, for such interest and the principal of their bonds, where the same shall, in the opinion of said commissioner, be insufficient; and thereupon, said debtor shall be exonerated from the operation of the aforesaid resolve: Provided, however, that this resolve is not to be considered as a precedent for any similar interference in future.

21. For the act of October 1817 referenced above, see S.R., XVIII, 265–66, 266n; the present act provided relief from the severe penalties imposed there for arrearages in light of the difficult economic circumstances of the times. A legislative committee report provided much of the language included here. General Assembly Papers 1821, Box 1, folder 7, item 131. 62 PUBLIC RECORDS May,

Resolved by this Assembly, that the Controller, forthwith, and annually, furnish suitable blanks to the several towns, for the purpose of ascertaining the number, age, condition and expence of those paupers who are wholly supported by such towns; and also the number of persons with the number of their families, age, condition and expence of those who are supported in part by such town; which blanks shall be filled by the selectmen for the preceding year down to the first day of April, and be returned to the Controller, on or before the first Wednesday in May annually.22

The committee to whom was referred, so much of the Governour’s Mes- sage as relates to the report to the Senate of Maryland, and resolutions thereto annexed,23

22. This resolution mandated the furnishing of forms by the controller for use by town selectmen, who were required to return the forms with the information sought. It provided the mechanism to effectuate the 1820 legislation apportioning responsibility to the town or state for support of paupers, based on residency. The 1820 law also set forth rates of reimbursement by the state treasury to towns for non-inhabitants. S.R., XX, li, 269–70. The 1821 action provided a method to control increased claims upon the state by throwing the burden of proof for entitlement upon the towns. Governor Wolcott, in his message opening the 1821 legislative session, noted the increasing demands upon the state for aid of paupers and the enactment of new regulations in neighboring states. He suggested that selectmen annually provide information about the paupers who were supported at public expense, going on to observe that “the statistical views it would afford . . . would, for many purposes, be highly useful.” This lessened the state’s financial liability. Below, p. 114; Capen, Poor Law, pp. 138–39. Morse, Neglected Period, pp. 33–34. This resolution marked a step towards the systemizing of public charity. One historian noted pioneering attempts in the 1790s by Timothy Dwight of Yale College and Noah Webster to gather all manner of statistical information as a means of social improvement. The Second Great Awakening led to many reform movements employing statistics to attack social problems by presenting them in objective, quantitative forms. Patricia Cline Cohen, A Calculating People: The Spread of Numeracy in Early America (New York, 1999), pp. 155–57, 169–70. 23. Governor Wolcott had transmitted recent resolutions by the Maryland senate regarding the appropriation of revenue from the U.S public lands for educational purposes; see Report with Sundry Resolutions Relative to Appropriations of Public Land for the Purposes of Education, to the Senate of Maryland, January 30, 1821 ([Annapolis,] 1821). During the Revolutionary era, as noted below in the report, the states that held claims to land in the West ceded those claims to the United States, which made provision the support of education in the new western territories and states from the public lands. Maryland’s 1821 proposal was, in effect, to extend those educational benefits to the other states of the union. Connecticut and nine other states supported the proposal, but it was opposed by most of the new western states and also by the key eastern states of Mas- sachusetts and New York; the U.S. Senate considered the proposal in 1822, but it never passed Congress. John R. Van Atta provides a cogent discussion of the background, the specific issues involved in Maryland’s proposal, and the ensuring controversy in Securing the West: Politics, Public Lands, and the Fate of the Old Republic, 1785–1850 (Baltimore, 2014), esp. pp. 96–101; see also Basil Sollers, “Secondary Education in the State of Maryland,” History of Education in Maryland (ed. Bernard Steiner; Washington, D.C., 1894), pp. 56–57. The original text of the committee report contains some small revisions in wording; in the paragraph before the signature line, the words “have an equal interest . . . provision should be made” were substituted for “your Com- 1821 OF CONNECTICUT 63

Report,—Your committee concur in the sentiment expressed in the report submitted to their consideration, that education and a general diffusion of knowledge in governments constituted like those of the United States, are of great importance; and that in proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened. It is with great satisfaction, that your committee notice the general and increased efforts making in different portions of the union, for extending knowledge and the means of education, to every part of the community; and that while our Universities and colleges experience the kind and liberal consideration of the public and of beneficent individuals, the common schools, which afford all needed instruction to every one, alike to the poor and the rich, have become objects of great interest, and receive the peculiar regard of government. The philanthropist and benevolent statesman, can now indulge the expectation, that the time is not far distant, when, by the aid of the general government, every individual in the United States, may receive all the moral and intellectual improvement, of which he may be susceptible. During the struggle of the revolution, and at the final establishment of the independence of the country, the question was much agitated, to whom the vacant lands should belong; whether to the United States, or the individual states, within whose nominal limits they were situated. The states contended, that being within their boundaries, the vacant lands belonged to the states, within whose nominal limits, they might be located. The United States claimed, that as these lands, before the revolution, were vested in the crown, and were acquired by the united exertions of all the states, they ought, and did of right belong to the United States. This question, at one time, endangered the peace and independence of the country. It was finally settled in a spirit of mutual concession and forbearance, and resulted in the session [sic] of the principal part of the vacant lands to the United States; while the states, in whose limits the lands lay, were secured in considerable portions of territory, much of which has been appropriated to the support of public schools, in the several states. By the laws of the United States, one thirty sixth part of the public lands in the new states and territories, has been appropriated for the support of public schools; and it is believed, that a further appropriation has been made, for colleges and seminaries of a higher grade, equal to one fifth of the appropriation for common schools. A number of the states, in which the state of Maryland may be included, from their location and charter limits, have not been benefited by the public mittee cannot loose sight of the important duty of providing.” The draft resolution following the report originally contained an explicit directive that Connecticut’s Congressional delegation work to secure the appropriation; the Senate substituted even more detailed language to the same effect. After the House disagreed with the Senate’s language, the legislators settled for the short version found here. General Assembly Papers, 1821, Box 1, folder 7, items 129–30. 64 PUBLIC RECORDS May,

lands, excepting so far as the avails may have come into the public Treasury; and their schools and colleges have languished from the want of that aid, derived from the public land, from which, many of the states have profited. In this state, our institutions of learning need the fostering hand of government. The state of Maryland early resisted the claim of the several states, and on account of their refusal to cede the vacant lands to the United States, refused, for a time, to accede to the confederation; yet from a high sense of her duty to the union, and the danger, to which, the cause of independence would be subjected from further continuing her opposition, yielded to the necessities of the country. This state became a very efficient member of the union, and from her local situation, and her exertion in the public cause, was made to suffer great privations, and repeated ravages of the enemy, which she sustained with a spirit and fortitude proportionate to her trials. The individual states must be considered as branches of the great family of the union, and have an equal interest with the United States, that provision should be made for instruction in every part of the country. This is a subject of common concern. An appropriation of a small portion of the national domain, would be sufficient for this important object; but as the public lands are for this and other purposes, by the constitution of the United States, wholly at the disposition of congress, the committee respectfully submit the annexed resolution: Per order Elias Perkins. Resolved, that His Excellency, the Governour be requested to transmit copies of the foregoing report, to the Senators and Representatives of this state, in the Congress of the United States, and to the Governour of the state of Maryland.

The committee to whom was referred that part of the message of His Excel- lency the Governour, relating to the report and resolutions of the state of Ohio, beg leave to report,24 That they have bestowed upon the subject committed to them, all the consideration which its importance demands, and are of opinion, that the legislature ought not to concur in the sentiments adopted by the legislature of Ohio,

24. For the significance of this action, see above, pp. xxxvi–xxxvii; Gov. Wolcott dealt at length with this matter in his speech opening the session: below, pp. 121–32. In an undated report, a legislative committee agreed with the governor that the Assembly should not support Ohio’s stance on the issue: Governor’s Correspondence, Incoming Letters, Box II, 1821–1822, folder 1. The legislators made a few minor adjustments in the resolution during the drafting process: the word “speech” was changed to “message”; the phrase “sentiments . . . Ohio, in the” was substituted for “adoption of said”; and “of Ohio” was added after “Governour.” General Assembly Papers, 1821, Box 1, folder 7, item 129. 1821 OF CONNECTICUT 65

in the report and resolutions aforesaid, and recommend, that His Excellency be requested to transmit to the Governour of Ohio, a copy of this report. Respectfully submitted Per order Joshua Stow. In the House of Representatives, the foregoing report was accepted. Seth P. Beers, Clerk. In the Senate, the foregoing report was accepted and approved. William W. Boardman, Clerk.

Resolved by the Senate and House of Representatives in General Assembly convened, that the present state of the national revenue, the pecuniary distresses of the community, and above all, the reduced prices of the productions of agriculture, which are the great sources of individual and national prosperity of our country, imperiously require the adoption of a general system of œconomy, and retrenchment in the public expenditures.25

25. For the context of these resolutions, see above, p. xiv. In his message opening the session, Gov. Wolcott had referred to the economic distress caused by the Panic of 1819 and the subsequent recession: below, p. 116. The bill was offered by representative Elisha Tracy of Norwich. Initially it contained the following preamble: Whereas the theory and principles of our government are essentially & truly Republi- can, & the practical illustration of those principles by past experience demands of the authorities by whom it is administered, the observance of a system of just œconomy, which requires that the public expenditures, shall at no period, except in time of War, or eminent [sic] danger, exceed the national resources—& whereas for two years past there has been a large deficiency in the public revenue, which has been supplied by loans, during a time of peace & an exemption from great national calamities embarrassments; & there being little prospect for some years to come, that there will be any increase of Revenue, but on the contrary great reason to apprehend that it will decease decrease as long as the present system is adhered to, & conclusively relied upon; it therefore becomes at the present time imperiously necessary to reduce the expenditures within the revenue by a radical but judicious system of retrenchment, & a return to the former principles & practices of the government—& whereas it is believed this cannot be well effected unless commenced by a reduction of the compensation of the members of Congress. Therefore A debate ensued, primarily featuring Tracy, Ralph I. Ingersoll of New Haven, and Samuel A. Foot of Cheshire. The latter, who had sat in the U.S. House of Representatives in 1819 and 1820 and who was characterized by the Connecticut Mirror as “an enemy to all preambles whether long or short,” moved the strike out the preamble, because “it did not become us to tell Congress what it is their duty to do.” Ingersoll argued for more specific instructions about what else to reduce—for example, military expenditures—while Tracy contended that the delegates should be given latitude to decide where to make changes. This disagreement, which reflected a long-standing American debate about the extent to which representatives should follow the specific wishes of their constituents and how much they should be guided by their own consciences, was punctuated by a verbal attack on Ingersoll by Tracy. The preamble was deleted by a vote of 99 to 23, but the resolutions themselves passed. General Assembly Papers, 1821, Box 1, folder 7, item 128; House Proceedings and Debates of June 2, 4, 1821: Mirror, June 11, 1821. 66 PUBLIC RECORDS May,

Resolved, that the Senators in the Congress of the United States from this state, be instructed, and the members of the House of Representatives in Con- gress, from this state, be requested, to use their influence to procure the adoption of a system of retrenchment and œconomy in the public expenditures, corresponding with the national revenue; and particularly, to exert themselves to procure, that the compensation of members of Congress be reduced to their former price. Resolved, that the Governour of this state be requested to forward a copy of these resolutions to each of our Senators, and members of the House of representatives in the Congress of the United States, from this state.

Resolved by this Assembly, that the gentlemen who have revised the statutes, as approved, and who are to superintend the publication of the same, be, and they are hereby authorized and empowered, to incorporate with said statutes, the acts and provisions of a public nature, enacted at the present session, in their appropriate places. And it shall be their duty to arrange said revised statutes under proper titles in alphabetical order, accompanied with such marginal notes and references, as they shall deem proper, to prefix thereto, the declaration of independence, the constitution of the United States, and the constitution of this state, and to subjoin a general index.26

An earlier controversy over increased compensation was sparked by the congressional Com- pensation Act of 1816, protests against which also raised the question of instructing legislators. The 1816 act had been repealed in 1817, which meant a reversion to the rates of $6 per day and $6 per twenty miles of travel established in 1796. However, the rates were increased to $8 each in a January 22, 1818 congressional act, despite the earlier protests. This drew opposition from other states, as mentioned by speakers in the Connecticut House, but this time they did not lead to repeal. S.R., XVIII, xxv; U.S. Statutes at Large, I, 448–49; III, 404. 26. For the context of this and the ensuing series of resolutions, see above, pp. xviii-xi; the act approving the revised statutes is above, pp. 59–60, 59n. During the drafting process, the words “and historical” were struck after “such marginal” and “and references” was added in the first resolution. In the second resolution, the word “performance” was substituted for “fulfillment.” General Assembly Papers, 1821, Box 1, folder 7, items 126–27. The printers selected were S. G. Goodrich and Huntington & Hopkins of Hartford. The previous edition of the statutes had been printed by Hudson & Goodwin of Hartford; the legislators apparently needed to borrow copies from Hudson for use during the revision process. Stat. Conn., 1808, p. [i]; Stat. Conn., 1821, p. [i]. On June 4, representative Elisha Tracy argued for reducing the number of copies printed for reasons of economy. He was countered by Nathan Johnson, who observed that frugality was ad- mirable, but that “we ought not to carry it so far as to ruin ourselves” by printing too few copies of this “durable” revision; he and Zephaniah Swift argued that the printing would not cost more than $1-2 a book. On the same day, Samuel A. Foot noted that that a legislative committee had taken the salary of the chief justice of the state as a basis for Swift’s compensation as principal author, since “his services had been as laborious and important as that officer.” House Proceedings and Debates of June 4, 1821: Mirror, June 11, 1821. The expenses of preparing and printing the statute book also became the subject of some controversy in the newspapers: see, for example, editorial columns in the Courant and the Mercury, July 24, 1821. 1821 OF CONNECTICUT 67

Resolved by this Assembly, that the Honourable Zephaniah Swift, Lemuel Whitman, Thomas Day, Isaac Spencer and James Thomas, Esquires, be, and they hereby are appointed a committee on behalf of the state, to contract with such person or persons, and on such terms and conditions, as they shall deem for the best interest of the state, for the printing and publication of an edition of the statutes, as revised, approved or enacted at the present session of the General Assembly; and the public faith is hereby pledged to guarantee the performance of any contract on the part of the state, which shall be made by the persons aforesaid, or a majority of them, relative to the printing and publication of the statutes aforesaid. Resolved further, that the Honourable Zephaniah Swift, Lemuel Whitman and Thomas Day, Esquires, be, and they are hereby appointed to superintend the printing and publication of the aforesaid statutes, to see that the same com- pare with the original acts passed, approved or revised, by the General As- sembly, and to correct any errors that may intervene in the publication thereof.

Resolved by this Assembly that the Controller be, and he is hereby authorized and directed, in contracting for the publication of the statutes, as revised at the present session, to purchase five hundred copies of said statutes, on the best terms that can reasonably be had, and distribute one copy thereof to each town, to be deposited in the town clerk’s office for the use of such town; and one copy thereof to each town, for the use of the selectmen of such town; one copy to the secretary of state of the United States; one to the clerk of the Su- preme court of the United States; one copy to the library of Congress; one copy to each Governour of the several states and territories; and one copy to each clerk of the Superiour and county courts in this state; one copy to the clerk of the district court of the United States for the district of Connecticut; one copy to the Governour, Lieutenant Governour, Treasurer, Secretary, Controller and Commissioner of the School Fund, for the use of their respective offices and hold the residue to be hereafter disposed of as the General Assembly shall direct, and draw an order, if necessary, on the Treasurer, in favour of the publishers, for the payment of the same.

Resolved by this Assembly, that the Controller, be, and he is hereby directed to draw on the Treasurer in favour of the Honourable Zephaniah Swift, for the sum of eleven hundred dollars, in full for his services in revising the statutes, as reported to this session, and approved. Resolved by this Assembly, that the Controller be, and he is hereby directed to draw on the Treasurer in favour of Lemuel Whitman, Esquire, for the sum of five hundred dollars, in full for his services in revising the statutes as reported to this session, and approved. 68 PUBLIC RECORDS May,

Resolved by this Assembly, that the Controller be, and he is hereby directed to draw on the Treasurer in favour of Thomas Day, Esquire, for the sum of four hundred dollars, in full for his services in revising the statutes, as reported to this session, and approved.

Resolved by this Assembly, that the Controller be authorized and requested to return to Henry Hudson, the statutes borrowed of him, for the use of the Sen- ate and House of Representatives, to settle with him for the use of the same, and draw on an order therefor on the Treasurer, for such sum as shall be found justly due.

Resolved by this Assembly, that the Controller be, and he is hereby directed to call on all, who are, or have been, for the last eight years, attornies for the state, whose accounts are unsettled, for a settlement thereof, and to make proper enquiry whether any have collected and received any sums of money which they have not accounted for; and in all cases where said state’s attornies neglect or refuse to pay into the Treasury of this state, such sums of money as they have collected, as aforesaid, it shall be the duty of the Controller to institute a suit or suits, for the recovery of the same.27

Resolved by this Assembly, that the following be, and the same is hereby established as the rule of mileage of the several towns in this state, to Hartford and New-Haven, on which the fees for travel of the members of the General Assembly, and all others who are paid out of the Treasury of this state, shall be computed, viz.28

Towns No. of miles to No. of miles to Hartford New-Haven Hartford 0 35 Berlin 13 24 Bristol 17 29

27. This resolution was related to the act on state attorneys passed at this session (above, pp. 50, 50n), which provided for annual accounting for state monies by newly-appointed state attorneys; here the Assembly required settlement of accounts from the previous years. Representative Edmund Badger of Windham had taken the lead in securing passage of this resolution: House Proceedings and Debates of May 9, 31, 1821: Mirror, May 21, June 4, 1821. 28. The legislators made some minor adjustments in mileage and rates during the process of drafting the bill. General Assembly Papers, 1821, Box 1, folder 7, item 120. At some point during this period, they considered an ultimately unsuccessful motion to allow two extra days compensation for members of the House who resided more than thirty miles from the location of the legislative session. Rejected Bills, Box 6, 1821–1824, folder 2, 1821, item 56. 1821 OF CONNECTICUT 69

Towns No. of miles to No. of miles to Hartford New-Haven Burlington 17 37 Canton 17 43 East-Hartford 4 39 East-Windsor 10 45 Enfield 17 52 Farmington 10 30 Glastenbury 7 35 Granby 18 47 Hartland 25 52 Marlborough 16 40 Southington 19 21 Suffield 18 53 Simsbury 13 40 Wethersfield 5 33 Windsor 7 42 New-Haven 35 0 Branford 40 9 Cheshire 26 14 Derby 45 10 East-Haven 40 5 Guilford 36 16 Hamden 33 6 Meriden 18 18 Middlebury 36 23 Milford 45 10 North-Haven 28 8 Oxford 42 15 Southbury 42 20 Wallingford 23 13 Waterbury 30 22 Woodbridge 40 8 70 PUBLIC RECORDS May,

Towns No. of miles to No. of miles to Hartford New-Haven Wolcott 26 24 New-London 45 54 Norwich 38 58 Bozrah 34 54 Colchester 25 45 Franklin 36 60 Groton 50 59 Griswold 53 73 Lisbon 42 75 Lyme 45 43 Montville 37 62 North Stonington 55 71 Preston 45 67 Salem 32 52 Stonington 57 66 Waterford 44 52 Fairfield 57 22 Danbury 61 36 Bridgeport 52 17 Brookfield 60 31 Darien 73 38 Greenwich 83 48 Huntington 52 17 New-Fairfield 65 37 New-Canaan 73 38 Newtown 50 25 Norwalk 67 32 Reading 65 34 Ridgefield 75 40 Stamford 77 42 Sherman 60 50 1821 OF CONNECTICUT 71

Towns No. of miles to No. of miles to Hartford New-Haven Stratford 49 14 Trumbull 56 20 Weston 67 32 Wilton 73 38 Brooklyn 44 68 Ashford 31 66 Canterbury 40 64 Columbia 23 46 Hampton 38 63 Killingly 47 82 Lebanon 30 54 Mansfield 27 62 Plainfield 45 68 Pomfret 40 75 Sterling 49 72 Thompson 50 85 Voluntown 59 79 Woodstock 41 76 Windham 30 54 Litchfield 30 36 Barkhemsted 24 50 Bethlem 36 32 Canaan 45 56 Colebrook 31 55 Cornwall 39 48 Goshen 32 42 Harwinton 23 38 Kent 49 50 New-Hartford 22 43 New-Milford 48 40 Norfolk 36 55 72 PUBLIC RECORDS May,

Towns No. of miles to No. of miles to Hartford New-Haven Plymouth 23 32 Roxbury 43 29 Salisbury 54 67 Sharon 51 60 Torrington 28 44 Washington 43 35 Watertown 30 30 Warren 42 44 Winchester 30 45 Woodbury 37 25 Middletown 15 23 Haddam 25 28 Chatham 18 27 Durham 21 18 East-Haddam 33 35 Killingworth 37 25 Saybrook 38 38 Tolland 19 54 Bolton 14 49 Coventry 21 56 Ellington 15 50 Hebron 22 46 Somers 24 59 Stafford 28 63 Union 33 68 Vernon 13 48 Willington 25 60

Resolved by this Assembly, that Nathan Johnson, George Cowles and Pierce Darrow, Esquires, be a committee to report to the next session of the General Assembly, a system of exercise for the Light and Horse Artillery, and also a system of exercise for Riflemen; and also, to report what alterations and additions from the established war regulations, may be necessary, to adapt them 1821 OF CONNECTICUT 73

to the government of the Infantry: Provided, that no expence shall be made to this state.29

Resolved by this Assembly, that the Captain General of this state, be, and he is hereby authorized to accept and receive from the Government of the United States, for, and in behalf of this state, such number of six pound field pieces as will be equal to the value of the muskets to which this state is entitled, under the act of Congress, for arming and equipping the militia, and in lieu of said muskets; and also, that the said Captain General be, and he is hereby authorized to receive and accept, as aforesaid, at his discretion, caissons, ammunition, waggons and implements complete with said divisions of artillery: And that the Captain General be, and he is hereby authorized and empowered to make any arrangements in future, with the general government, relative to receiving field pieces, arms or equipments, in lieu of the muskets to which this state may be entitled, under the act of Congress for arming and equipping the militia.—30

Resolved by this Assembly, that the Governour be, and he is hereby requested to take such measures, as he may judge expedient, to introduce into this state, the machine for dressing flax, without dew rotting or water steeping, referred to in his message; and that the controller be authorized to draw on the Treasurer for such sum as may be necessary to defray the expence thereof, not exceeding two hundred dollars.31

Resolved by this Assembly, that the controller be, and hereby is instructed to require, from time to time, in each year, from each of the banks, in which the state has invested any monies, pursuant to the act, entitled “an act to provide for subscribing the monies of this state, to the banks within the state,” a statement of

29. For the context of this and the following resolution, see above, p. xxiii. Gov. Wolcott had drawn the legislators’ attention to the need to revise the system of exercise for the infantry, artillery and riflemen; in 1822 the Assembly adopted two of Darrow’s manuals for that purpose: below, pp. 113, 218, 218–19n. Wolcott’s files contain correspondence with printers in Philadelphia and New York who had recently published volumes of military regulations, offering them as useful to the state militia. Printed notice from Carey & Long, Aug. 24, 1821; Oliver Wolcott to Carey & Long, Aug. 31, 1821; William A. Mercein to Wolcott, Nov. 16, 1822: Governor’s Correspondence–In- coming Letters, Box 2, 1821–1822, folder 2, 1821; Box 3, 1822–1823, folder 3, 1823. 30. This resolution was prepared by the joint committee on the militia; both Houses approved the committee’s report. General Assembly Papers, 1821, Box 1, folder 7, item 117. 31. Flax dressing is a preparatory process by which the fibers are separated from the core of the plant and straightened in advance of spinning. By the early nineteenth century the task, laborious by hand, was increasingly mechanized. Luke Hebert, The Engineer’s and Mechanic’s Ency- clopædia . . ., I, (London, 1836), pp. 539–40. Gov. Wolcott recommended the use of flax dressing machines in his opening message at the present session; the bill for this resolution was introduced by representative Nathan Slosson, Jr., of Kent: below, pp. 119–20; House Proceedings of June 5, 1821: Mirror, June 11, 1821. 74 PUBLIC RECORDS May,

the amount of the capital stock, debts, and notes in circulation of such banks, and monies deposited therein, pursuant to the second section of the act aforesaid.32

Resolved by this Assembly, that the Overseers of New-Gate prison be, and they are hereby authorized to erect a building of wood, fifty feet long, and twenty feet wide, and two stories high, within the walls of said prison.33

Resolved by this Assembly, that the Treasurer of this state, be, and he is hereby authorized to purchase any quantity of land, from three to five acres, adjoining New-Gate prison, at a price not exceeding fifty dollars per acre, and to receive a deed of the same, to this state: And the Controller is hereby authorized to draw on the Treasurer for the payment of the same.

This Assembly do appoint Martin Shelden, Jonathan Pettibone Junior, and Jeremiah Brown, Esquires, Overseers of New-Gate prison, for the year ensuing.

Resolved by this Assembly, that the several Justices of the Peace, who have not paid their duties, within the [time] limited by law, but have afterwards paid the same, and have since been, or shall be appointed, shall have full power and authority to execute the duties of said office, any law or usage to the contrary notwithstanding.34

Resolved by this Assembly, that a resolve passed in May 1820, in the words following, viz. “resolved by this Assembly, that the Governour’s Guards shall not hereafter, be required to perform any more duty than is by law required of the other military corps, any law or usage to the contrary notwithstanding:

32. The second section of the 1803 act referenced here can be found in Stat. Conn., 1808, p. 97. The present resolution repeated the gist of that section, adding only that that the controller should require statements “in each year.” Three items were deleted during the drafting process: the phrase “not exceeding once in each month,” which appeared in the 1803 act, after “each year”; the word “holds” after “which the state”; and the words “concerns and situation” after “such banks.” General Assembly Papers, 1821, Box 1, folder 6, item 115. 33. In addition to recommending the separation of young prisoners from “old & abandoned offenders” and the further implementation of “milder punishments,” a legislative committee concurred with a report by the prison’s overseers and recommended the present authorization to erect the new building, which would hold articles manufactured at the prison, and, on the ground floor, a “saw-Pitt.” The land would provide space to store lumber used by prison coopers and, in the future, a prison garden; if the walls of the prison were later extended, it would include this parcel. In one instance the word “Treasurer” was substituted in the second resolution for “Controller” during the drafting process. General Assembly Papers, 1821, Box1, folder 6, items 114; folder 12, item 70; folder 21, item 5. 34. During the drafting process, the phrase “or shall be” was inserted and the words “the same” were struck before “power” and “full” inserted in their place. General Assembly Papers, 1821, Box 1, folder 6, item 111. 1821 OF CONNECTICUT 75

Provided nevertheless, that the usual duty shall be performed by them, on the day of the General Election, which shall be considered as one of the days of company exercise,” be, and the same is hereby repealed.35

Resolved by this Assembly, that the part of the town of Windham, lying west of Wilimantic river, being part of a farm belonging to the heirs of Stephen Buck- ingham, deceased, shall be annexed to the town of Columbia; and that Willi- mantic, Ten mile, and Hop rivers, shall be the dividing line between said towns.

Resolved by this Assembly, that the Brigadier General of the 4th Brigade of Infantry, be directed to issue an order, under such regulations as he may deem expedient, for the choice of an Ensign in the 4th company in the 9th Regiment of Infantry.

Resolved by this Assembly, that David Hyde, Edmund Freeman and Adams White Junr. Esquires, be, and are hereby appointed commissioners on the Nor- wich and Woodstock Turnpike road, for the year ensuing.36

This Assembly do appoint Henry Seymour, Esquire, director of the Hartford Bank, in behalf of this state, for the year ensuing.37

Resolved by this Assembly, that John H. Jacocks, be, and he is hereby appointed a director in the New-Haven Bank, for, and in behalf of this state, until the rising of the Assembly which shall convene in May next.

Whereas the monies subscribed and paid by this state, to the Middletown Bank, exceed the sum of five thousand dollars, and the state now holds the stock of said Bank therefor, Resolved by this Assembly, that Thomas Mather, Esquire, be, and he is hereby appointed a director in said Bank, for, and in behalf of this state, until the rising of the Assembly in May next.—

Resolved by this Assembly, that three commissioners on the Bridge and road of the Hartford Bridge Company, shall be annually appointed by the Senate, who shall have all the powers, and shall receive the same compensation as commissioners on Turnpike roads, now have.38

35. For the 1820 resolution repealed here, see S.R., XX, 312. 36. This turnpike company had been incorporated in 1801: S.R., X, 226–29, 229n. 37. The legislature had begun to make its authorized appointments to the Hartford, New Ha- ven, and Middletown banks in 1820: S.R., XX, xxviii, 207, 207n. 38. The operations of the Hartford Bridge Company had been subject to a number of controversies with patrons and neighboring towns in recent years; for the latest, see S.R., XX, 131–32n. 76 PUBLIC RECORDS May,

Resolved, that the Bridge shall be lighted in such manner as the said commissioners shall direct; and whenever the said company shall neglect to light the Bridge, as directed by the Commissioners, or shall suffer any of the Bridges or road belonging to them to be out of good and sufficient repair, such commissioners, or a majority of them, shall have power, and they are hereby fully authorized to order the gate to be thrown open, and to cause the same to remain open, and no toll to be received, until their orders and directions, as to the said lights, and as to the repairing the said Bridges and road, shall be complied with.

This Assembly do appoint Robert Fairchild, Samuel Rowland and John Hull, commissioners on Bridgeport Bridge, for the year ensuing.—39

Upon the petition of General Gershom Burr, Samuel Rowland and Roger M. Sherman, Esquires, agents of the proprietors of Fairfield Academy, shewing to this Assembly, that their charter has, by accident, expired, and praying that said proprietors may be again incorporated, as by petition on file, dated the 4th day of May A.D. 1821, may more fully appear;40 Resolved by this Assembly, that General Gershom Burr, David Judson, Samuel Rowland, Ebenezer Dimon, Esquires, and others, the proprietors of Fairfield Academy, situated in the first society in the town of Fairfield in Fair- field county, be, and they are hereby constituted and confirmed a body politic and corporate, by the name of The Proprietors of Fairfield Academy; by which name they may sue and be sued, plead and be impleaded, have perpetual succession forever, to them their heirs and assigns, have power to purchase, receive and hold to them and their successors, for the use and benefit of said Academy, notes, bonds, mortgages, and any estate real or personal, whatsoever, to any amount not exceeding five thousand dollars, annual value, and the same to sell, grant or aliene in any lawful manner.

The powers and compensation (currently three dollars per day of service) for turnpike commissioners can be found in Stat. Conn., 1818, pp. 666–68. 39. For the most recent appointment of commissioners on this bridge, see S.R., XX, 208, 208n. 40. This act re-incorporated the proprietors of the Fairfield Academy, the charter of which had accidentally expired for want of authorized annual business meetings. The original act of incorporation allowed the proprietors to hold property up generating up to $3,000 in annual income. The re-incorporation increased the amount to $5,000.00. In 1802, its first year of operation, the initial class included sixty students, both male and female. The academy closed in the late 1800s; the free public school system with its systematic education and professionalized teaching staff was considered superior to prior private attempts like this one. The Academy’s original site, renovated in 1927–28, became the Eunice Dennie Burr Chapter of the Daughters of the American Revolu- tion. S.R., XII, 82, 82n; General Assembly Papers, 1821, Box 1, folder 20, items 29–30; Barbara E. Austen and Barbara D. Bryan, Images of America: Fairfield Connecticut (Charleston, S.C., 1997), p. 63. Beth L. Love, Fairfield and Southport in Vintage Postcards (Charleston, S.C.), p. 20; Benjamin Tinkham Marshall, ed., A Modern History of New London County, Connecticut, I (New York, 1922), p. 37. 1821 OF CONNECTICUT 77

2. The stock of said corporation shall consist of shares of five dollars each, as it hath heretofore; said shares shall be personal estate, and any written assignment by the respective owners thereof, shall be good and valid, when registered on the books of said corporation, and not before. 3. The stockholders in said corporation may be, at any time, required by the trustees, to cause their shares to be registered against their respective names on the books of the corporation, within such period as the trustees shall limit, not less than one year from the time of giving public notice of the same, which notice shall be published three weeks in one newspaper printed in the city of New-York, in one newspaper printed in the city of Albany, and in one newspaper printed in the Borough of Bridgeport; and all shares not registered within the time so limited, shall be forfeited to the corporation, and may be by them held, or sold and assigned to any individuals. 4. Said corporation may appoint any number of trustees not exceeding seven, a Secretary, Treasurer and such other officers as may be deemed necessary. 5. The trustees shall have power to superintend, regulate and direct all the concerns of the corporation; subject nevertheless, to the bye-laws thereof, and to appoint their own chairman and clerk: All officers shall continue in office during the pleasure of the proprietors, or for such limited time only as the bye- laws may prescribe. 6. No meeting of said proprietors shall be legal, unless five days previous notice thereof be given by a major part of the trustees, in such manner as the bye-laws may direct, or be convened as herein specially authorized: The first meeting shall be warned by a notification, to be signed and set on the sign-post in said first society of Fairfield, five days before the meeting, by any Justice of the Peace in said town, on the application of any three of said proprietors; and at all times hereafter, a lawful meeting may be warned in the same manner, whenever there shall not be competent number of trustees in office, legally capable of notifying the same. The proprietors shall have power to make all such bye-laws for the regulation of said corporation, and the concerns and interests thereof, and for the government of said Academy, as they may deem expedient, not contrary to the constitutions or laws of this state, or the United States, and the same to alter and repeal at pleasure. 7. The proprietors present at any legal meeting, shall have power, by their major vote, to transact and perform the business thereof, and respectively, be entitled to one vote for three shares; provided, no one proprietor shall be allowed more than twenty votes, whatever may be his number of shares; and provided also, that no person, at any meeting after the first, shall vote by virtue of any shares which are not registered in his own name, on the books of the company. 8. All persons, hereafter making donations to said institution, may, with the consent of the proprietors, expressed at any legal meeting, be admitted as members of said corporation, and respectively entitled to such number of 78 PUBLIC RECORDS May,

shares, to be registered in their names, as the trustees shall direct, having regard to the value of the donation. 9. And it is further provided and resolved, that this charter, or any part thereof, may be at any time altered, amended or repealed, at the pleasure of the General Assembly.

Upon the petition of the proprietors of Chelsea Grammar School, praying to be incorporated for literary purposes, as per petition on file, dated May 18th, 1821.41 Resolved by this Assembly, that Dwight Ripley, Esquire, and his associates, proprietors of the Chelsea Grammar School, and their successors and assigns, be, and they are hereby made a body politic and corporate by the name of the Chelsea Grammar School; and by that name shall be capable of holding and conveying estate, real and personal, of suing and being sued, and conducting the affairs of said corporation, for the purposes only of literature and education, and shall have perpetual succession. Said corporation is hereby authorized to hold estate real and personal to any amount not exceeding twenty thousand dollars, which shall be divided into as many shares as the bye-laws of said corporation shall direct, and the same is hereby declared to be personal estate, and transferable only on the books of said corporation. The affairs of said corporation shall be conducted by not less than three, nor more than six directors, to be chosen annually by the members thereof, at a meeting to be warned for that purpose, in such manner as the bye-laws shall prescribe; and all officers chosen or appointed by said corporation, shall hold their offices until others shall be chosen in their place. Said corporation shall have power to make all such bye-laws for the appointment of officers and instructors, and generally, for the government of said school, and managing its affairs, as its interests may from time to time, require, not inconsistent with the constitution or laws of this state, or of the United States. The first meeting under this act, shall be holden at the school house belonging to said proprietors, at such time as shall be appointed by said Dwight Ripley, of which he shall give to all the present proprietors, not less than three days notice. This resolve shall at all times be liable to be amended or revoked by the General Assembly.

41. The school had opened in 1806 or 1807, operating without a public charter. A meeting of the proprietors took place, which included Captain Charles Rockwell, Dr. Dwight Ripley and Ma- jor Joshua Perkins, among others, asking for the school’s incorporation for the purpose of teaching classical studies. The May 16, 1821 petition noted the erection of a private school building in Norwich. The school was in operation for about forty years from 1806. General Assembly Papers 1821, Box 1, folder 19, item 27; Frances Manwaring Caulkins, History of Norwich, Connecticut … (N.p., 1874), pp. 545–46. 1821 OF CONNECTICUT 79

Whereas sundry persons in the city of New-Haven, have formed themselves into an association or society, to which they have given the name of the Mu- tual Benevolent Society of Cordwainers of the City of New-Haven, and have presented their petition to this Assembly, praying for an act of incorporation;42 Resolved by this Assembly, that such persons as now are, or hereafter shall become members of said association or society, shall be and hereby are made and constituted a corporation or body politic by the name of the Mutual Benefit Society of Cordwainers of the City of New-Haven, and by that name may have perpetual succession, shall be capable in law, of suing and being sued, pleading and being impleaded, defending and being defended, in all courts and places whatsoever; and may have and use a common seal, and may alter the same at pleasure; may hold, use, manage and convey property real personal and mixed, to an amount that shall produce an annual income not exceeding one thousand dollars: And the said society shall apply their funds to no other object than the support and relief of such of the members as shall, by reason of sickness or infirmities, be incapable of attending to their usual trade or calling, and also to the relief of widows of distressed members. Resolved further, that said corporation may, from time to time, elect such officers as they may judge expedient, make such bye-laws as they shall judge needful to regulate their concerns, not inconsistent with the laws and constitution of this state, or the United States; and may admit members of their body, in the manner, and upon the terms they may judge most conducive to the welfare of the corporation; and may prescribe the manner of calling, and the times and places of holding their meetings, except the first meeting to organize said corporation, which shall be held at the county House in New-Haven, on the first Monday of July 1821, at eight oclock P.M.

42. This action was inspired by a petition, dated May 23, 1821, by seventeen artisans in New Haven, who pointed to the success of similar organizations in other states in relieving their members “from the distresses of old age, want & sickness.” General Assembly Papers, 1821, Box 1, folder 19, item 26. Skilled in the craft of making fine leather shoes, cordwainers (those producing goods from cordwain, or cordovan, from the leather most famously associated with the Spanish city of Cordoba) formed mutual aid, or benevolent, societies to support members incapable of work, as well as their widows. Unlike earlier cordwainer organizations formed during the early 1800s in New York, Pennsylvania and Maryland, the Connecticut benevolent society apparently did not seek improvements in pay. Attempts to do so in these other states led to criminal conspiracy prosecutions against these early labor organizations for the crime of forming criminal combinations to raise wages. Foster Rhea Dulles, Labor in America: A History (New York, 1949, 1955), pp. 23, 30–31; David J. Saposs, “Colonial and Federal Beginnings (To 1827),” in John R. Commons et al., History of Labor in the United States, I (New York. 1936), pp. 138–52; Larson, Market Revolu- tion, pp. 106–107. On cordwainers, generally, see Oxford English Dictionary, 2d ed., “Cordwain- er,” www.bastonfamily.co.uk/historical/OccupationCordwainer.htm. On the formation of mutual aid or benevolent societies, see Dorceta E. Taylor, The Environment and the People in American Cities, 1600s–1900s: Disorder, Inequality, and Social Change (Durham, N.C., 2009), pp. 178–79. 80 PUBLIC RECORDS May,

Provided always, that this act may be repealed, altered or amended, at the pleasure of the General Assembly.

Whereas sundry persons in this state, have formed themselves into an association or society, known and called by the name of the Grand Lodge of the State of Connecticut, and have, by their committee, presented their petition to this Assembly, praying for an act of incorporation;43 Resolved by this Assembly, that Lyman Law, Thomas H. Cushing, William H. Jones, Henry Champion, and such other persons as now are, or hereafter shall become members of said association or Grand Lodge, shall be, and they hereby are made and constituted a corporation or body politic by the name of The Grand Lodge of the State of Connecticut; and by that name may have perpetual succession; shall be capable in law of suing and being sued, pleading and being impleaded, defending and being defended, in all courts and places whatsoever; and may have and use a common seal, and may alter the same at pleasure; and may hold, use, manage and convey property, real personal and mixed, to an amount that shall produce an annual income not exceeding three thousand dollars. Resolved further, that said corporation may from time to time, elect such officers as they may judge expedient, make such bye-laws as they shall judge needful, to regulate their concerns, not inconsistent with the laws and constitution of this state, or the United States; and may admit members of their body, in the manner, and upon the terms they may judge most conducive to the welfare of the corporation; and may prescribe the manner of calling, and the times and places of holding their meetings, except the first meeting to organize said corporation, which shall be held at the dwelling-house of Amos Doolittle, in the city of New-Haven, on the second Wednesday of May 1822, at 7 oclock P.M. Provided always, that this act may be repealed, altered or amended, at the pleasure of the General Assembly.

Upon the petition of that part of the South Highway District in Hartford, residing within the following limits, viz. beginning at the little landing, so-called,

43. The petition, dated May 26, 1821, and the draft resolution use a longer version of the organization’s name: “the Grand Lodge of Free and Accepted Masons of the State of Connecticut.” The petitioners noted that the lodge possessed “funds of considerable amount” and requested incorporation to better manage their affairs. They reminded the legislators that “the object of the Masonic fraternity is to promote charity, and good will to men.” The list of names and the word “other” at the beginning of the first resolution were added at some point during the drafting process as were the word “Wednesday” and the specification of Amos Doolittle’s home in the second resolution. General Assembly Papers 1821, Box 1, folder 19, item 33. This act incorporated a pre-existing organization. Masonry in Connecticut goes back to the mid-1700s, with a number of lodges which united in 1783; a grand lodge was formed in 1789. G. E. Storer, The Records of Freemasonry of the State of Connecticut . . . (New Haven, 1859), pp. 49–51, 57–59, 61–63. 1821 OF CONNECTICUT 81

and thence running westerly, on the south bank of the little river, to West Hart- ford line, thence south to the south line of the middle road to West-Hartford, thence southeasterly to the house of Daniel Bunce, and including said house, thence Southeasterly to the house of John Barnard, and including said house, and thence southerly to the dividing line between Hartford and Wethersfield; Shewing to this Assembly, that they have a great extent of road, and a great number of bridges to support and maintain; that the soil is of such a nature, and their local situation such, that under the existing laws of the state, regulating roads and highways, they cannot appropriate and lay out, the money raised by taxes, for the support of their highways and bridges, in the most advantageous manner for themselves, or the public: And also shewing that a considerable portion of the lands and other real estate, in said highway district, are owned by inhabitants of said town, who do not reside within the limits of said district, and are not by law taxable for the support of the roads, highways and bridges therein; and praying this Assembly to grant them an act of incorporation, authorizing them, annually, to choose a surveyor of highways within the limits aforesaid, and that the same may be incorporated into a highway district; and praying, that they may be authorized to choose three judicious freeholders within said district, to direct such surveyor in the application of all monies that shall be raised for the support and repair of the roads, highways and bridges within the same; and also praying, that said highway district, by said act of incorporation, be authorized and empowered to tax the polls and rateable estates of the inhabitants of said district as by law, they are now taxable, and also, to tax the lands and other real estate lying within said district, belonging to non- residents, as aforesaid; as per petition on file, dated May 2d A.D. 1821;44 Resolved by this Assembly, that the prayer of said petition be granted, excepting as to taxing in said limits [property?] owned by inhabitants of said town living without said limits; and the inhabitants residing within the limits aforesaid, be, and they hereby are, incorporated into a highway district to be called the Hartford South Highway District; and they are empowered, annually, to choose a surveyor of highways, and three judicious freeholders within said district, to direct such surveyor in the application of all monies that shall be raised for the support and repair of the roads, highways and bridges within

44. John Russ and John M. Gannett had been appointed at a local meeting on April 19, 1821, to present the petition. The petition itself, well summarized here, contains the additional information that the area included twenty miles of road and thirty bridges; the clay soil, the petitioners stated, made maintenance difficult. At some point the following phrase was deleted from the resolution after the words “now taxable”: “and also to tax the Lands & other real estate lying within said District belonging to Inhabitants of the Town of Hartford, who do not reside within said District.” The phrase “excepting as to taxing . . . without said limits” was added earlier in the resolution; also added was the phrase “and said commissioners . . . of such district.” The Senate added the proviso at the end and the House concurred in the change. General Assembly Papers, 1821, Box 1, folder 14, item 16. 82 PUBLIC RECORDS May,

the same; and they are also authorized and empowered to tax the polls and rateable estates of the inhabitants residing within said district, in the same manner as they are now taxable for the support and repair of the roads, highways and bridges therein; and said commissioners shall, annually, lay their account of all monies so raised and expended, before the annual meeting of such district. Provided, however, that this bill in form may be altered, amended or repealed, at the pleasure of the General Assembly.

Upon petition of the proprietors of eight acres of land adjoining the new burying ground in the city of New-Haven, by their agent and trustee, Elisha Munson, shewing to this Assembly, that they have purchased said eight acres of land adjoining said burying ground, and bounding east thereon, south on Grove Street, and all other sides on highway, for the purpose of enlarging said burying ground, for the accommodation of the citizens of New-Haven, praying that the act or resolve of the General Assembly of October 1797, incorporating the proprietors of the new burying ground in New-Haven, may be extended, so that said eight acres of land shall be embraced in, and made part and parcel of said burying ground, as per petition on file, &c.45 Resolved by this Assembly, that said eight acres of land, described as aforesaid, be, and the same is hereby added to said burying ground, subject to the same rules and regulations, and entitled to the same privileges and exemptions; and that the petitioners and other purchasers, shall become members of said corporation, on the terms and conditions provided in said resolve; Pro- vided, this resolve shall not take effect, until the proprietors of the new burying ground in New-Haven, shall have signified their assent thereto.

Upon the petition of the Norwich Channel Company, and others, inhabitants of Norwich and its vicinity, shewing to this Assembly, that said company was duly incorporated, for the purpose of clearing and deepening the channel in the river Thames, between Norwich and New-London, and have expended about six thousand dollars therein, to effect said object; that from the present depressed state of commerce, the toll collected, is insufficient to keep said channel clear; that from the present condition of said channel, there is danger to said company of their losing not only the monies expended in clearing and deepening the same, but also, the entire use of said channel, by the same being filled up, praying said Assembly to grant the petitioners power to collect and receive toll from vessels requiring a smaller depth of water;46

45. For the 1797 incorporation of the proprietors, see S.R., IX, 120–21, 121n. The petition, well summarized here, was dated May 2, 1821. General Assembly Papers, 1821 Box 1, folder 14, item 15. 46. This company had been incorporated in 1805; in 1816 the Assembly had established a new set of tolls, which the present act modified: S.R., XVIII, 54n, 55. In the petition, dated April 1821 OF CONNECTICUT 83

Resolved, that whenever the Norwich Channel Company shall have so deepened the channel in the river Thames, and removed the obstructions to the navigation of the same, as that vessels drawing seven and an half feet of water, may pass at high water, in ordinary tides, it shall be lawful for said company, and they are hereby authorized to demand and receive for each and every vessel passing up or down said river, instead of the tolls heretofore granted, the following toll, viz. For each vessel drawing six and a half feet of water, one dollar, and an additional sum of twelve and an half cents per inch for each vessel drawing over six and a half feet, and not exceeding seven feet; and for each vessel drawing seven feet, two dollars and fifty cents, and an additional sum of twenty five cents per inch for vessels drawing more than seven feet, and not exceeding seven and an half feet; and for each vessel drawing seven and an half feet of water, four dollars, and an additional sum of fifty cents per inch for vessels drawing more than seven and an half feet, and not exceeding ten feet; and for each vessel drawing ten feet water, nineteen dollars, and an additional sum of one dollar per inch for vessels drawing more than ten feet; That said company shall not be entitled to receive said toll, until they shall have obtained a certificate from the county court for New-London county, or from two of the judges of said court, that the obstructions to the navigation of said river, are so far removed, and the depth of the water increased, that upon a fair construction of this act, they are entitled to receive the same; and until said certificate shall have been published two weeks in a newspaper printed in Norwich or New-London; and the said county court shall be authorized to order the collection of said toll to cease, whenever the said corporation shall suffer the channel of said river to be filled or obstructed, and shall not in a reasonable time, cause the obstructions to be removed: Provided, however, that this resolve may, at any time, be repealed, altered or revoked by the General Assembly.

Upon the petition of The Trustees of the Theological Seminary of the Prot- estant Episcopal Church of the United States, shewing to this Assembly, that at a meeting of the general convention of said church, held at Philadelphia, in the year 1820, it was resolved to establish and locate within the city of New-Haven, a general theological seminary for the education of candidates for holy orders in said church, and praying this Assembly to grant them an act of

13, 1821, the company emphasized the hard economic times, a shortfall in toll revenue, and the problems created by the influx of a “large quantity of sand” from an unsuccessful mill site on the Shetucket River. The company also noted that it was restricted to levying tolls on vessels drawing seven feet or more of water, but that none of this type were currently engaged in commerce on the river; all “vessels are now coasters & steamboats” which pay no toll. Although the legislators made a few small changes during the drafting process, they mostly granted the new toll rates requested by the petitioners. General Assembly Papers, 1821, Box 1, folder 14, item 14. 84 PUBLIC RECORDS May,

incorporation, with such powers and privileges, as this Assembly shall deem expedient, as per petition on file;47 Resolved by this Assembly, that William White, John Henry Hobart, Alexan- der V. Griswold, James Kemp, John Croes [sic], Richard Channing Moore, Na- thaniel Bowen, Philander Chase, Thomas Church Brownell, Daniel Burhans, Harry Croswell, Birdsey G. Noble, Jonathan Ingersoll, Samuel W. Johnson, Nathan Smith, Richard Adams, Samuel F. Jarvis, George Sullivan, David Sears, Nathan B. Crocker, Jonathan M. Wainwright, Isaac Lawrence, Charles H. Wheaton, Jackson Kemper, George Boyd, John Read, William E. Wyatt, Francis S. Key, William H. Wilmer, Bushrod Washington, Duncan Cameron, Christopher E. Gadsden, and William Hayward, be, and they are hereby created and made a corporation and body politic, at the city of New-Haven, by the name of The Trustees of the Theological Seminary of the Protestant Episcopal Church of the United States, and by that name, may have perpetual succession, shall be capable in law, of suing and being sued, pleading and being impleaded, in all courts whatsoever, of purchasing, receiving, holding, using and conveying, property, real, personal and mixed; to have and use a common seal, and the same, at their pleasure, to alter; and to use the property of said corporation, at their discretion, in furnishing the means of educating candidates for holy orders in said church. Resolved further, that the Bishops of the protestant Episcopal Church of the United States, of the several diocesses within the same, shall, ex officio, be members of said corporation, and the residue of said corporation shall consist of twelve [c]lergymen of said church, and twelve laymen, to be appointed by the house of clerical and lay delegates, at every stated meeting of the general convention of said church, or of such other number of [c]glerymen and laymen, as the said convention may at any time hereafter establish; provided, however, that the board of Trustees herein before named, shall hold their offices, until others shall be appointed in their stead; and provided also, that the board of Trustees, shall, at all times have power to fill any vacancies, which may occur, by death, removal, or resignation of any clerical or lay member thereof. And said corporation shall have power to appoint professors and trustees in

47. This resolution followed the terms of the petition, dated May 8, 1821, which can be found in the General Assembly Papers 1821, Box 1, folder 14, item 13. The Church’s 1817 General Convention ordered the establishment of a seminary in New York City. At the Church’s 1820 convention, a resolution transferred the seminary to New Haven “in the Diocess of Connecticut.” After being incorporated in Connecticut, a special convention of the Church in 1821 determined to return the seminary to New York City, to take advantage of a legacy of land and finances; it is still located there, operating under the name of the General Theological Seminary of the Episcopal Church. Plan of the Theological Seminary of the Protestant Episcopal Church of the United States . . . (2nd ed., Hartford, 1820), p. 17–19; William Stevens Perry, Historical Sketch of the Protestant Episcopal Church in the United States of America, 1784-1884 (New York, 1884), pp. 18–19. In the two occurrences of “clergymen,” the copyist used an initial “g” instead of “e.” 1821 OF CONNECTICUT 85

said Seminary, prescribe their duties, and fix their compensations; regulate the admission of students, and prescribe the course of studies, which is, or may be established by the house of Bishops; to appoint a Secretary and Treasurer, and any other officers, which they may deem necessary for the government of the Seminary, and generally, to take such measures, as they may judge proper, for the prosperity of the institution. And it shall be the duty of said corporation, to make a full and detailed report of their proceedings, and of the state of the Seminary, to every stated meeting of the general convention of said church. Resolved further, that said corporation may prescribe the manner of calling, and times and places of holding their meetings, except the first meeting of said corporation, which shall be held at New-Haven, on the 24th day of May 1821; at which meeting, and at any other meeting of said corporation, any seven of the board of Trustees, shall constitute a quorum for transacting business; and at said meeting, said corporation shall choose a Secretary and Treasurer. Provided always, that this act of incorporation, shall be subject to be altered, amended or repealed, at any time, by the General Assembly of this state: Pro- vided also, that said Trustees shall, annually, render to the General Assembly, during the session in May, an account of the receipts and expenditures of the monies belonging to said corporation.—

Upon the petition of Jabez H. Tomlinson and others, inhabitants of the town of Stratford, stating, that said town is conveniently situated to be divided into two distinct towns, and praying for reasons set forth at large in said petition, that that part of said town lying west of the line hereinafter described, may be incorporated into a separate town, as by their petition on file, dated the 7th day of April Anno Domini 1821. This Assembly find, that said petition has been duly served upon the town of Stratford, and all interested therein, and has been regularly brought before this Assembly; and that the respondents having been duly called, made answer thereto, and the parties were fully heard in the premises, and this Assembly find the facts set forth in said petition, true, and do grant the prayers thereof; whereupon,48

48. The petitioners, inhabitants of the eastern section of Stratford, stated the western section, which had been incorporated as the borough of Bridgeport in 1800, “has been for the thirty years past constantly and rapidly increasing in business” and now contained about half of Stratford’s population and wealth. The two sections of the town were widely separated, with “a vacant strip of territory” in between. A town meeting on December 18, 1820 had narrowly voted to hold meetings for the year 1821 in Bridgeport rather than in the customary location at the center of the eastern section, inconveniencing inhabitants of the latter because of the travel involved; if they stayed at home, they would “leave the entire management of their town concerns to the discretion & direction of the inhabitants of the said Borough of Bridgeport, with whom they have but little intercourse or acquaintance, and a good majority of whom, being Merchants & Mechanics but recently collected from various parts of the United States, are strangers to the wants and interests of your petitioners, who are principally farmers.” However, it was also unreasonable for the inhabitants 86 PUBLIC RECORDS May,

Resolved by this Assembly, that all that part of the town of Stratford lying west of the following line, viz. Beginning at the point where the north side of the old stage road intersects the middle of Old Mill creek, at the bottom of the west side of Old Mill Hill, so called, and thence running in a course due north, until it strikes the division line between the towns of Stratford and Trumbull, and running also, from the point of intersection first above mentioned, in a southwardly course, as said creek runs, to the middle of Benjamin’s Bridge; thence southerly, across said bridge, in the middle of said creek to the middle of the channel leading out of Bridgeport harbour; and thence following said channel to Long Island Sound, with all the inhabitants residing within said limits, be, and the same is hereby incorporated into a new and distinct town, by the name of Bridgeport. And the inhabitants aforesaid, and their successors, for- of Bridgeport, “a respectable, flourishing and populous community,” to require them to continue to travel to the eastern section of the town for the meetings. Hence the petitioners requested that the sections be separated into two towns, an action, they said, that was supported by inhabitants of both sections. The petition provoked a remonstrance from other Stratford inhabitants, dated April 30, 1821, making several arguments against separation: (1) Stratford had already been severely reduced in size when the towns of Huntington, Trumbull, and Preston were incorporated. (2) The proposed town of Bridgeport was too small for the efficient administration of justice. (3) The separation would deprive Bridgeport of the financial support of the eastern section for its “numerous & expensive” bridges and would provide it with only one representative in the General Assembly while Stratford would retain two. (4) The April 7 petition itself, a request by one section of a town to divest itself of another section, “wholly against the will of the inhabitants thereof,” was unknown in Connecticut’s history and would be “a precedent for a disaffected minority in every town in the state to pray to have the majority disfranchised and deprived of all their rights as citizens of the towns of which they are members.” A legislative committee investigated the matter and concluded by supporting the request of the April 7 petitioners. Mincing no words, the committee observed that the varying interests of the farming and commercial sections of the present town of Stratford had led to “jealousy & contention” and “forbid the hope that so long as said town remains undivided, the public business will be conducted with the harmony which is indispensable to the welfare and prosperity of its inhabitants.” There was no geographical center suitable to town meetings and both new towns would be of sufficient size and wealth to support public concerns; hence it was “indispensably necessary” to grant the request for a division. However, the committee was unwilling to support an increase of the number of state representatives and made the division contingent on the eastern section, which would retain the name of Stratford, agreeing to allow a reduction to one delegate to the General Assembly. They also recommended that the residents of Bridgeport be entitled to use waters to the east of the dividing line for purposes of quarantine. Both of these arrangements were embodied in the following resolutions. During the drafting process the words “list of” were deleted near the end of the first resolution and the phrase “amount of the list within the limits” substituted; the phrase “or in case . . . Asa Chapman” was added to the second resolution; and the words “in addition to those already appointed” were added to the fifth resolution. The legislative files contain a copy of Stratford’s resolution, dated on June 4, 1821 relinquishing the right to two representatives. Bridge- port continued to grow commercially and was incorporated as a city in 1836. S.R., X, 106–12, 106n; General Assembly Papers, 1821, Box 1, folder 17, item 1; David W. Palmquist, Bridgeport: A Pictorial History (Rev. ed., Norfolk and Virginia Beach, Va., 1985), p. 25. 1821 OF CONNECTICUT 87

ever, residing within said limits, shall have and enjoy all the powers, privileges and immunities enjoyed by other towns in this state, with the right of sending one representative only, to the General Assembly of this state: And said new town shall pay its proportion of all debts, charges and expences, suits, petitions and claims, already due and accrued, commenced or existing against said town of Stratford, or for which said town may hereafter be rendered liable, by force of any claim now existing. And the inhabitants of said old town of Stratford, who may hereafter become poor, and whose residence is within, or who may belong to that part of said town, within the limits hereby incorporated, shall be deemed inhabitants of the town of Bridgeport, and shall be maintained accordingly, whether, at present, within said limits or not. And the said town of Bridgeport shall take of the poor persons now maintained and supported by the town of Stratford, such proportion, as (counting on the list of 1820,) the amount of the list within the limits of said new town of Bridgeport bears to the whole list of said old town, and no more; except as hereinafter provided, in case of absentees. And the selectmen of said town of Stratford and the selectmen of said town of Bridgeport, when chosen, shall, at some convenient time and place, to be by them agreed upon, meet and apportion the poor, according to the rule aforesaid; and also, make an equitable division and distribution of the property and burthens of said old town of Stratford; and in case they cannot agree on the time and place, and apportionment thereof, the Honourable William Bristol, or in case of his inability to attend to said business, the Honourable Asa Chap- man, is hereby authorized and empowered to make such distribution and apportionment, first duly notifying the selectmen aforesaid, of the time and place when the same shall be made. And said town of Bridgeport shall be liable to maintain all such poor of such town of Stratford, as are, or may be absent therefrom; provided, such poor person or persons, at the time of departure, belonged to that part of said town of Stratford hereby incorporated, as aforesaid. The collectors of the state and town taxes, in the town of Stratford, are hereby authorized to collect all taxes already laid, and in their rate-books, as though this resolve had not passed. The first town meeting in said town of Bridgeport shall be held at the Presby- terian meeting-house therein, on the second Monday of June 1821; and Enoch Foote, or either of the selectmen of said Stratford, residing within the Borough of Bridgeport, shall be moderator thereof, and shall warn such meeting by setting up a notification thereof, on the public sign-post in said town; and at such other public place, as he may deem proper, at least five days inclusive, before said first meeting. And said town of Bridgeport, at said first meeting, shall have all the powers incident to the other towns in this state, and full right to act accordingly; and the officers elected at such meeting, shall hold their offices until others are legally chosen and sworn in their stead. 88 PUBLIC RECORDS May,

And said town of Bridgeport shall always hereafter, be entitled to the use of the waters lying within thirty rods east of said dividing line from the mouth of said old Mill Creek, up to low water mark, for the purpose of quarantine: Provided nevertheless, that this grant shall be void and of no effect, unless the inhabitants of the town of Stratford, (not including those within said town of Bridgeport) shall at a meeting to be legally warned and held at their town house, in said Stratford, on or before the first day of July next, pass a vote relinquishing all claim to two representatives, and consenting, forever hereafter, to have but one representative to the General Assembly of this state, and cause a copy of such vote, duly certified by their town clerk, to be lodged in the office of the Secretary of this state, to be by him recorded and kept on file, as evidence of such relinquishment and consent. And the present selectmen of the town of Stratford, now residing without the limits of the town hereby incorporated, or either of them, shall warn a town meeting, to be held on the first Monday of June 1821, at the town house in said Stratford; at which meeting, the inhabitants of said town, viz. those residing east of said division line, are hereby authorized and empowered to choose one or more selectmen, in addition to those already appointed, not exceeding, in the whole, the number by law allowed; at which meeting, said inhabitants shall act upon the question of relinquishing their right to two representatives, and consenting hereafter, to have but one representative to the General Assembly.—

Upon the petition of the Granby Turnpike Company, shewing to this Assem- bly, that at the General Assembly holden at New-Haven, in October 1800, upon the petition of Pliny Hillyer and others, inhabitants of the towns of Granby and Simsbury, the said Assembly established a road which had just been laid by order of the county court for the county of Hartford, leading from the south line of Massachusetts, through the towns of Granby, Simsbury and Windsor to intersect the Talcott Mountain Turnpike Road, near the city of Hartford, as a Turnpike road, and incorporated the said Pliny Hillyer and his associates, and such as should associate with them, a Turnpike company to be called and known by the name of the Granby Turnpike Company; which road, the said Turnpike Company made and completed, so as to be approved according to the act of said General Assembly; but said company, in proceeding to work their said road, found themselves under the necessity of deviating from the road laid out by said county court, and established by said General Assembly, by running the same a little further east, near the said line of Massachusetts, so as to meet a Turnpike road established by the Commonwealth of Massachu- setts running to the north line of Connecticut, being the north boundary of the town of Granby, which alteration was then running on a public highway, and equally feasible for public travel; and the said Granby Turnpike Company, in further proceeding to work their said road, found that they could make sundry 1821 OF CONNECTICUT 89

improvements and shortenings by cutting off small angles, thereby departing, in a small degree, from the road as surveyed, especially, one through a piece of low marshy ground, a little north of the house then occupied by Oliver Thrall in Windsor, where a saving in distance was made, of about fifteen rods, in one hundred rods, and laid on better ground; all which alterations were made at the first working of said road, except one near the north end of said road, which said company have lately made, in order to avoid a steep sandy hill, which greatly improves the road: All of which alternations have been made at the expence of said Turnpike company, and by the consent of the owners of the land, who have severally quitclaimed their rights to the said company, for a public highway; and that no alteration made as aforesaid, has injured any individual, by leaving his house from said Turnpike, which was on the same, at the time of the laying out said road, or since erected thereon, as per petition on file, dated the 3d day of May 1821;49 Resolved by this Assembly, that the road, as now worked and travelled be, and the same is hereby established as the Granby Turnpike road, any alterations therein from the original survey, notwithstanding.

Upon the petition of Joseph Hill and others, praying for a Turnpike road from the Pettipauge and Guilford Turnpike road, to the New-London and Lyme Turnpike road; and also, for a ferry over Connecticut river, between Pettipauge and Lyme, as per petition dated the 7th day of April 1820;50 Resolved by this Assembly, that Nathaniel Griffin, Dan Lane and David Griswold, Esquires, be a committee, who are hereby empowered to go at the expence of the petitioners, and view the contemplated places for said road and ferry, and if they judge the public good requires it, to survey and lay out a road from one of the said Turnpike roads to the other, and assess the damages done to individuals thereby, first giving notice of their meeting, by publishing in one newspaper published in New-Haven, and one published in New-London, and by posting on the sign-post in those towns through which the proposed road shall pass, the time and place of said meeting, at least twenty days before such meeting; and make report thereof to this, or some future session of this Assem- bly, together with their opinion of the propriety of establishing a ferry over said river, at the place aforesaid—

49. For the 1800 incorporation of the Granby Turnpike Company, see S.R., X, 137–39, 139n; the Talcott Mountain Turnpike Company was established in 1798. According to the leading authority, the plan to connect the Granby Turnpike with a Massachusetts turnpike with the object of establishing a route to Albany, N.Y., “failed to materialize” when the Massachusetts road was not completed. Wood, Turnpikes, pp. 345, 358–59. The bill originally contained a prefatory clause stating that the facts in the petition had been fully proved, but this was deleted during the drafting process. General Assembly Papers, 1821, Box 1, folder 13, item 1. 50. For the initial presentation of this petition in 1820, see S.R., XX, 349–50, 350n. It led to the incorporation of the Essex Turnpike Company in 1822: below, pp. 271–75, 271–72n. 90 PUBLIC RECORDS May,

Upon the petition of the Middletown, Durham and New-Haven Turnpike Company, shewing to this Assembly, that the location of the half gate on said Turnpike, in North Haven, near Button’s dwelling-house, is such as to render the gate unproductive to the company, and inconvenient to the public; and praying this Assembly to empower said company to remove said gate, and thereupon, to erect a half gate at any place on said Turnpike road, between the present location thereof, and the west line of the town of Branford, as per petition on file, dated the 9th day of April 1821; which petition was duly served and returned to this Assembly, and the respondents therein named, having been three times publicly called, and made default of appearance; and this Assem- bly having, by a committee, inquired into the facts stated in said petition, and found the same to be true,51 Resolved, that the Middletown, Durham and New-Haven Turnpike Com- pany be, and they are hereby empowered and authorized, whenever they may deem it expedient, to remove the half gate on said Turnpike road, in North- Haven, near Button’s dwelling-house, to such place on said Turnpike road, eastwardly of, and between the present location of said half gate, and the west line of the town of Branford, as the commissioners on said road shall direct, and to collect thereat, the same rates of toll, which said company has a right to collect at the half gate aforesaid. Provided always, that all persons residing northerly of said half gate, and within the town of North-Haven, may always pass through said half gate, without paying toll.—

Upon the petition of the Pettipauge and Guilford Turnpike Company, shewing to this Assembly, that Calvin Selden, Esquire, one of the persons appointed to inspect and accept a part of the Pettipauge and Guilford Turnpike road, is dead, and praying for the appointment of some other person in his stead, &c. as per petition on file, dated 3d May 1821.52 Resolved by this Assembly, that Moses Warren and Erastus Selden, Es- quires, be, and they are hereby appointed commissioners to inspect, accept and approve of that part of said road, on which, the said Warren and Calvin Selden, were, by a resolve of this Assembly, passed at their session in May 1820, appointed Commissioners; and also, that the said Warren and Erastus Selden be,

51. This turnpike company had been chartered in 1813: S.R., 309–12, 309n. In the petition the company stated that the gate could be easily avoided at its present location by those who did not wish to pay the toll. During the drafting process, the legislators removed the phrase “thereupon to erect & establish a half gate” following “Button’s dwelling-house” in the resolution, and added the words “as the commissioners on said road shall direct.” General Assembly Papers, 1821, Box 1, folder 19, item 24. 52. The 1820 resolution referenced below regarding this company, incorporated in 1818, can be found in S.R., XX, 323–24, 323n. 1821 OF CONNECTICUT 91

and they are hereby appointed commissioners to inspect, approve and accept of the remainder of said road, when finished according to the resolves of this Assembly heretofore passed respecting said road.

Upon the petition of the Straits Turnpike Company, by John Darling, Es- quire, their agent, shewing, that the length of their road from the Court House in New-Haven, to the Court House in Litchfield, is about thirty six miles, on which they are allowed but three full gates, and one half gate; that they un- dertook to make said road in the infancy of Turnpikes, and with the expectation and understanding, that the town of New-Haven would make the same, within their own limits; that since the establishment thereof, the Rimmon Falls Turnpike has been laid, forming a junction at the distance of about two and an half miles from New-Haven Court House, and that great alterations have been made in other roads, so as to divert the travel from the half gate on said road, by means whereof, a large portion of the travel on the southern section of their road, is free from toll, and the petitioners put to great additional expence, by means thereof, while the receipts of their toll are constantly diminishing; and praying relief, as per petition on file, dated April 20th 1820: This petition came first to the General Assembly holden at New-Haven in May last, and was thence continued with an order of notice, by advertisement, and the same having been done, according to said order;—The petitioners now again appear, and are fully heard before the committee on Turnpike roads, to whom the same was referred; and the town of New-Haven appearing to oppose said petition, were also fully heard before said committee; and said committee having found the facts aforesaid;53 Resolved, that the Straits Turnpike Company be released and discharged from all further liability to make, support, or keep in repair, the southern section of said road, viz. from the junction of the Rimmon Falls Turnpike road with the same, in the village of Hotchkiss Town, to the court house in New- Haven, a distance of about two and one half miles, and that the rest of the prayer of said petition be, and the same is hereby negatived.

Upon the memorial of Windham and Mansfield Turnpike Company, praying for reasons therein stated, for liberty to place their Turnpike gate at such

53. For the presentation of this petition in 1820, see S.R., XX, 352, 352n; the company had been chartered in 1797, in the early years of the turnpike boom. The Rimmon Falls Turnpike had been incorporated in 1802. Wood, Turnpikes, pp. 340–41, 370–71. The House initially rejected the committee report, but relented after a conference with the Senate. The “rest of the [petitioners’] prayer” mentioned below, a request to move the half gate south of the turnpikes’ junction, was rendered moot by the release from responsibility for the southern section of the road granted here. During the drafting process the words “stated in said petition” were replaced by “aforesaid.” General Assembly Papers, 1821, Box 1, folder 13, item 4. 92 PUBLIC RECORDS May,

convenient place, at, or northerly of the dwelling house of Samuel A. Spalding in Mansfield, and southerly of the meeting house in Willington, as the commissioners on said road shall approve;54 Resolved by this Assembly, that liberty be, and it is hereby granted to the said company, to place and keep their gate where it now stands, near the house of Seth Vinton, in said Willington, for the term of one year, and that the people who pass said gate, and enter on said road, at the junction of the old road with said Turnpike road, a few rods southerly of said gate, and not travelling beyond the town of Willington, be exempt from paying toll thereat; and that thereafter, said gate may be placed at, or northerly of the dwelling house of said Spalding, and southerly of the junction of said old road, with said Turnpike road, at such convenient place as the commissioners thereon, shall approve.

Upon the petition of Daniel Wooster and others, praying for a committee to view, and if they judge proper, to lay out a Turnpike road from Woodbury to the western termination of the Middletown and Waterbury Turnpike road, with the usual powers of Turnpike companies, as may more fully appear by petition on file, dated the 16th day of April 1821;55 Resolved by this Assembly, that the Honourable Joshua Stow, Calvin Butler, and Nathaniel P. Perry, Esquires, be appointed a committee to go out, at the expence of the petitioners, view, and if they should judge it expedient, lay out a road from Woodbury to the western termination of the Middletown and Water- bury Turnpike road in Waterbury, and assess damages to individuals for lands through which said road shall be laid: And said committee are directed to cause public notice to be given, of the time and place, and business of their meeting, by publishing the same in some public newspaper published in New-Haven, three weeks in succession, at least three weeks before the time of their said meeting; and also, to cause notice to be given to the selectmen of the several towns through which said road shall pass, and to report to this, or some future session of this Assembly.

Upon the petition of Hannah Chenevard, widow of John Chenevard, late of Hartford, in the county of Hartford, Isaac Perkins, administrator on the estate of said John Chenevard, with his will annexed, Mary J. Chenevard, widow of John Chenevard Junior, and together with Henry Seymour, administrator on

54. For the initial presentation of this petition, dated April 28, 1820, see S.R., XX, 352–53, 353n. The company stated that that it could not find someone to attend the gate and it was easily avoided through the use of other roads. 55. The petition, dated April 16, 1821, led to the incorporation of the Woodbury and Water- bury Turnpike Company in 1823: S.R. Ms., 1823, pp. 174–76; General Assembly Papers, 1823, Box 3, folder 4, item 75. Wood, Turnpikes, p. 410, calls it the “Woodbridge and Waterbury Turn- pike Company” and observes that he could find no more information about it. 1821 OF CONNECTICUT 93

the estate of sd. John Chenevard Junior, Isaac Toussey, conservator of John M. Chenevard, W. H. Morgan for himself and his wife, J. L. Comstock for himself and his wife, and Noah A. Phelps, guardian of William Chenevard, shewing to this Assembly, that the wives of said Comstock and Morgan, and said John M. Chenevard and William Chenevard, are all the heirs of said John Chenevard Junior, and that the said John Chenevard Senior, on the 5th day of October 1805, died testate, having appointed said John Chenevard Junior, executor, who after causing the will of said John Chenevard Senior, to be proved and approved and partially executed, on the 19th day of April 1808, died intestate; and thereupon, said Mary J. Chenevard and Henry Seymour were duly appointed administrators on the estate of said John Chenevard Junior, with the will of said John Chenevard Senior, annexed; and afterwards, having partially administered on the estate of said [sic] John Chenevard Senior, on the 21st day of August 1820, they resigned their trust in so much as regarded the annexation of said will; and thereupon, the said Isaac Perkins was duly appointed administrator on the estate of said John Chenevard Senior, with his will annexed; also shewing, that in and by said will, and in lieu of dower, there was given to said widow Hannah Chenevard, among other things, the use of six acres of land lying south of the south meeting house, and the use of twelve acres of land lying in the south meadow in said Hartford, during her widowhood, with a provision in said will, that if the said John Chenevard Junior should at any time, elect to have the use of said land, and should secure to said widow the sum of one hundred dollars annually, during her said widowhood, he might have the present use thereof. There was also, given to said Hannah Chenevard, to be paid annually, by said executor, twelve bushels of rye, twelve bushels of wheat, twelve bushels of corn, fifteen cords of wood, six barrels of cider, and forty dollars of cash in quarterly payment: Also, that said John Chenevard Junior, sold and conveyed said two lots of land, and omitted to secure to said Hannah Chenevard, said sum of one hundred dollars; and that there is now due to said Hannah Chenevard from three to six hundred dollars, on account of the use of said lands, and said annuity of rye, wheat, corn, wood and money; and that it was agreed by the petitioners, that said arrearages should be adjusted at the court of Probate in the district of Hartford, and the same should be paid together and her heirs, together with the sum of one thousand dollars, in full satisfaction of said Hannah Chenevard’s claim under said will, for the rent of said two lots of land, and said annuity of rye, wheat, corn, wood and money, with interest thereon, from the day of granting this petition. Shewing also, that estate is indebted to Lydia Purchase, as the widow of John Purchase, deceased, in the sum of about one thousand dollars, and to Henry Seymour, about fifty dollars; and there being no personal estate to satisfy said sums, praying this Assembly to ratify said agreement with said Hannah Chenevard, and to grant, order and direct the sale of real estate belonging to the estate of said John Che- 94 PUBLIC RECORDS May,

nevard to satisfy the same, with interest, and the expence of administering said estate, &c. whereupon,56 Resolved by this Assembly, that said agreement with said Hannah Chen- evard, be, and the same is hereby ratified, and liberty is granted to said administrator on the estate of said John Chenevard, with his will annexed, at any time within six months from the granting of this petition, either at private or auction sale, to sell and convey so much of the real estate belonging to the estate of said John Chenevard, not heretofore otherwise and specially disposed of, as shall amount to said sum of one thousand dollars, and said arrears to be adjusted as aforesaid due to said Hannah by said agreement, and for said arrears, and also to the sum due to said Lydia Purchase and Henry Seymour, and interest on said several sums, together with the administrator’s fees, and the expences of this petition, and the avails thereof to apply in satisfaction of said several sums.

Upon the petition of Gould Curtis of Newtown in Fairfield county, shewing to this Assembly, that at the county court held at Danbury in and for Fairfield county, on the third Tuesday of November A.D. 1820, he was appointed conservator over the person and estate of William Judson of said Newtown, who, about four years since, became mentally deranged and distracted, and has continued so ever since, and that he has been, the greatest part of the time, and still is, necessarily confined in chains; and that said William owns real estate in said Newtown, which descended to him from his father, which was appraised, at the distribution, at four hundred sixty dollars sixty seven cents; that he is about thirty years of age, and there is no probability of his ever being any better; that said land lies in two separate tracts, of about five acres each, bounded as follows, to wit, beginning at the northeast corner of the home meadow; thence south 41o west 19 rods 7 links; thence south 13o 30’ east 20 rods 13 links; thence south 77o 5 rods 23 links; thence north 76o west 11 rods; then in the line of Zachariah Clark Junior’s land, north 5o west 43 rods 18 links; then north 71o east 15 rods 22 links; then south 30o 15’ east 7 rods 17 links; then south 49o east 14 rods to the place of beginning, containing five acres 82 rods of ground; the other tract is bounded as follows, beginning at the northeast corner of James Nichols’ land, by highway; thence south 42o east 5 rods; then south 12o 30’ east 36 rods 12 links; then south 39o west 8 rods, 5 links; then north 56o west 45 rods 15 links in the line of James Nichols’ land; then by highway north 62o east 21 rods 3 links; then north 48o east 16 rods 16 links to the place of beginning, containing five acres 2 roods and 33 rods; and that said William is indebted to the amount of about 200 dollars, and has no personal estate, and that if said land could now be sold all together, that it would fetch the said inventory price;

56. The affairs of the Chenevard family had been subject to earlier legislative action in 1816 and 1819: S.R., XVIII, 64-65, XX, 108–109. 1821 OF CONNECTICUT 95

and that if it should be sold in small pieces, by order of said county court, he thinks it would not sell for half that sum; praying this Assembly to authorize him, the said Gould Curtis, to sell the said real estate of the said William, as per petition on file; Resolved by this Assembly, that the said Gould Curtis be, and he is hereby empowered to sell said two tracts of land belonging to said William Judson, and give a conveyance of the same, and apply the avails of said sale to the payment of the debts of the said William, & his future support, and account for the remainder, if any, to the heirs of the said William Judson, the said Gould Curtis first giving bond to the judge of the court of probate for the district of Newtown, for a faithful performance of said trust.

Upon the petition of John Brockelsby now residing in the town of Farm- ington in the state of Connecticut, shewing to this Assembly, that he is a foreigner, and has lately removed into this state, and has settled in said town of Farmington; that he has purchased a piece of land lying in said town, and has taken a deed thereof, in his name, bearing date the 10th day of April 1821; and that he wishes to make further purchases of land in this state, and praying this Assembly to confirm to him the said deed, and also, grant him permission and license to hold real property in this state; Resolved by this Assembly, that the said deed of land taken in the name of said Brockelsby, be, and the same is hereby confirmed, and that permission and licence is hereby granted to the said John Brockelsby, to purchase and hold real property in this state.

Upon the petition of Robert Donovan, shewing, that he is an alien, and praying for licence to hold lands in this state; Resolved, that said Robert be, and he is hereby empowered to purchase, hold and aliene by deed or otherwise, lands within this state, in as full and effectual a manner as the native citizens of this state—

Upon the petition of George Graham of Roxbury in this state, shewing to this Assembly, that he is a foreigner, and by birth, a subject of the King of Great Britain and Ireland, and that he has purchased real estate in said Roxbury, praying for liberty and power to purchase and hold real estate in this state; and that the purchases already made by him, maybe confirmed and established, as per petition on file, dated the 1st day of May 1821; Resolved by this Assembly, that the said George Graham be, and he is hereby authorized and empowered to purchase, hold, convey and transmit by descent, or otherwise, real estate, in this state, as effectually as if he were a native citizen thereof; and in the same manner, to hold, convey and transmit any real estate heretofore purchased by him— 96 PUBLIC RECORDS May,

Upon the petition of Alexander Langmuir of the city and county of New- Haven, shewing to this Assembly, that he is a foreigner, but now resides, and for more than thirty years last past, has resided in the town of New-Haven; that since his residence in Connecticut, he has acquired real estate, but has never obtained permission from the General Assembly, to hold the same; praying for permission to hold, acquire and transfer real estate, and that all deeds and transfers of real estate, which have been heretofore made to or by him, maybe confirmed, the same as if he the petitioner were a native citizen of this state, as per petition on file dated May 1st 1821; Resolved by this Assembly, that permission be, and the same is hereby given to the said Alexander Langmuir, to hold, acquire, and transfer real estate, the same as if he were a native citizen of this state; and all deeds and transfers of real estate, which have been heretofore made to the said Langmuir, or have heretofore been made by him, are hereby confirmed, the same as if he the said Langmuir were a native citizen of this state.—

Upon the petition of Thomas Mason, shewing that he is a native citizen of Great Britain, &c. and praying for liberty to hold real estate in this state, as per petition dated the 16th day of April 1821, appears; Resolved by this Assembly, that the said Thomas Mason be, and he is hereby fully authorized and empowered to hold real estate, in this state; and that the same shall be transferable, descendible and deviseable in the same manner as though he were a native citizen of this state—

Upon the petition of Elisha Munson of New-Haven, shewing to this As- sembly, that on the 25th day of December 1819, by deed of that date, he sold and conveyed to Asa Buddington and William L. Polly, a piece of land situated in New-Haven, near the head of Union Wharf; and that to secure the payment of the purchase money of said land, the said Buddington and Polly, by deed of the same date, mortgaged said property to the petitioner; that the petitioner has since discovered, that said Polly is a foreigner; and praying, that said deeds may have the same force and effect as they would have if said Polly were a native citizen of this state, as by said petition on file, dated April 26 1821, at large appears; Resolved by this Assembly, that the said deeds shall, to all intents and purposes, have the same force and effect, that they would have, if said Polly were a native citizen of this state.

Upon the petition of Daniel Shehan of New-Haven, in New-Haven county, shewing to this Assembly, that he is a natural born subject of the King of Great Britain; but that he removed into this state about five years since, where he now resides, and has a family, and praying for licence and permission to purchase 1821 OF CONNECTICUT 97

and hold real estate in this state, as per petition on file, dated the 5th day of May A.D. 1821; Resolved by this Assembly, that said Daniel Shehan have licence and be permitted to receive, purchase and hold land and all other real estate, in this state, and any interest therein; and to transmit the same by deed, descent, or otherwise, in as full, free, and ample a manner, as any native born citizen of this state, may or can.

Upon the petition of Thomas Wright of New-Haven, in the county of New- Haven, shewing to this Assembly, that he is a foreigner, by birth, and a subject of George the fourth, King of the United Kingdom of Great Britain and Ire- land; and praying, that he may be empowered to hold real estate, as by petition on file, dated April 30th 1821; Resolved by this Assembly, that the said Thomas Wright be, and he is thereby authorized and empowered to receive and hold real estate, to transfer and convey the same, by deed, devise or otherwise, in as ample a manner, and in every respect the same, as if he were a native born citizen of this state; and whatever purchases the said Wright may have made, of real estate, prior to the passing of this resolve, shall be considered the same, as if he were a natural born citizen.

Upon the petition of Lydia Leach, shewing to this Assembly, that on the 19th day of March in the year of our Lord one thousand and fifteen, she was duly married to Daniel Leach Junior; that she lived with him in the due discharge of her marriage vows, until the 9th day of January A.D. 1821; that during her intermarriage, her said husband, by his intolerable, severe, cruel and brutal violence towards her, had rendered her marriage life insupportable, praying said Assembly to grant her a bill of divorce, as per petition on file, dated the 20th day of March A.D. 1821: Said petition having duly served upon the said Daniel Leach Junior, and he having had actual notice thereof, the same was entered in the docket of said Assembly, and there, said Lydia being called, appeared, and said Daniel, although three times publicly called, made default of appearance therein; and said Assembly having made full enquiry into the matters alleged in said petition, do find the same to be true, and grant the prayer of said petition;57 Resolved by this Assembly, that the said Lydia Leach be, and she is hereby divorced from the said Daniel Leach Junior, and is, and forever hereafter, shall be absolved and discharged from all obligation to the said Daniel Leach Junior, by virtue of the marriage covenant; and is hereby declared, to all intents and purposes, to be sole, single and unmarried.—

57. See the discussion of Connecticut’s divorce laws above, pp. xlviii–xlix. 98 PUBLIC RECORDS May,

Upon the petition of Ruth Woodworth of Stafford, in the county of Tolland, shewing to this Assembly, that on the [blank] of April 1806, she was lawfully married to Jedediah Woodworth of said Stafford; that she has ever since, until the 10th day of October 1819, done and performed all the duties of the marriage covenant, on her part to be performed; but that said Jedediah has wholly neglected all the duties and obligations on his part to be performed; that he has abused and assaulted the said Ruth, driven her from his bed, table and house, and put her in fear of her life; praying for a divorce, as per petition on file, dated the [blank] day of April A.D. 1821;—This petition having been duly served and returned to this Assembly, the petitioner appeared, and the respondent being three times publicly called, made default of appearance; whereupon, this Assembly inquired into the facts stated in said petition, and find them true; Resolved by this Assembly, that the marriage contract between the parties be dissolved, and that the said Ruth hereby is separated and divorced from her said husband, Jedediah Woodworth, and absolved from all obligations imposed by said marriage contract.—

Upon the memorial of Lyman Atwater and Jonas F. Merwin, shewing to this Assembly, that in the months of June and July 1813, they were Lieutenants in the Second Regiment of Cavalry in this state, and were, by an order from the Captain General, detached and ordered on a tour of military duty, each having the command of a detachment of nineteen non-commissioned officers and soldiers, who were detached and ordered out for the same purpose; that they were mustered, inspected, performed their duty according to orders, and were regularly discharged; and that neither the petitioners nor the men under their command had ever been paid for their services, praying that they may be paid for the same, as per petition on file, dated the 22d day of May A.D. 1820, will more fully appear. Resolved by this Assembly, that whenever the said Lyman Atwater and Jonas F. Merwin shall present to the Controller of this state, their receipt rolls and other proof, that they and the men who served under them, rendered the services as stated in their said petition, that the said controller be, and he is hereby authorized and directed to draw on the Treasurer, in favour of the said Lyman Atwater and Jonas F. Merwin, for such amount as he the said controller shall find due to them, and the men who served under them, for their said military services, and to take the receipts of the said Atwater and Merwin therefor; and whenever said claim shall be settled and paid by the United States, the amount shall be paid into the treasury of this state, and appropriated to the ordinary civil list expences of the state.

Upon the petition of Joseph Bearss Junior, of New-Fairfield in Fairfield county, shewing to this Assembly, that he was collector of the state tax in said 1821 OF CONNECTICUT 99

town of New-Fairfield, for the year A.D. 1820; and that he was, by sickness, prevented from collecting the same, in season to pay it into the treasury of this state by the time prescribed by law, to entitle him to his fees for collection and travel; and that he, afterwards, did collect said tax and pay the same into the treasury of this state; praying this Assembly to direct the Controller to draw an order on the Treasurer, in favour of the petitioner, for the amount of his fees, which is seven dollars eighty one cents, as per petition on file; whereupon, Resolved by this Assembly, that the Controller be hereby directed to draw an order in favour of the said Joseph Bearss Junior, on the Treasurer, for the amount of seven dollars and 81 cents—

Upon the petition of James Belden Junior, shewing to this Assembly, that in July 1820, he suffered a severe loss, by fire, which has rendered it difficult for him to meet the demands of the state, against him, praying relief, as per petition on file, &c. And it further appearing to this Assembly, that the petitioner is a school fund debtor, and that the property destroyed was his dwelling-house standing on the property mortgaged to the state, to secure the payment of his school fund bond; as also, his dairy and dairy establishment, from the proceeds of which, he calculated to pay his interest: And it further appearing, that by contributions and benevolent aid of his neighbours, he has been enabled to erect a new house on the mortgaged premises, which adds to the security for his bond, and is beneficial to the school fund; whereupon, it is, Resolved by this Assembly, that the Treasurer of the state be, and he is hereby authorized and directed to cancel one year’s interest, due September 2d 1820, on the bond of the petitioner, amounting to ninety one dollars and ninety six cents; and that the Treasurer, also, erase his name from the record of school fund debtors, who were in default for interest, on the first day of March 1821—

Upon the petition of William Bissell of East-Windsor in Hartford county, brought to the Honourable Legislature of Connecticut, at their present session, stating that in the year 1817, he was prosecuted for the crime of theft, that the article claimed to have been stolen, was of very trifling value; that untill said prosecution, upon which he was convicted, he ever sustained a good character; that the charge against him, was supported, only by one positive witness; that he was, and still is, possessed of several thousand dollars of property, and has a family of a wife and children to support, and that he is innocent of the crime charged against him; praying said legislature to enquire into the facts by him stated, and to extend relief, by restoring to him those civil privileges, from which he is deprived, by said conviction, as per petition on file, dated May [blank] 1821, more fully appears; wherefore, 100 PUBLIC RECORDS May,

Resolved by this Assembly, that the prayer of said petition be granted, and that said William Bissell, be restored to all the rights, privileges and abilities, from which, he has been deprived by said conviction—

Upon the petition of David Bolles of Ashford, in behalf of himself and others, the heirs of David Bolles, Senior, late of said Ashford, deceased, shewing to this Assembly, that he is the executor of the last will and testament of said deceased, &c. as per petition on file;58 Resolved by this Assembly, that the certificate respecting the emancipation of a certain female slave, therein described, dated the 14th day of May A.D. 1793, and signed by two of the (then) civil authority, and three of them of the selectmen in said town, as recorded on Ashford records, 12th book, page 340, be, so far as it respects said heirs, a valid letter of emancipation of said slave; and that said heirs shall not be liable, nor holden for her future support.

Whereas the General Assembly, by a resolve passed at their session in May 1820, did authorize the Commissioner of the school fund, to close the settlement with Thomas Bull, of his debt to the school fund, on his executing his bond to the Treasurer of the state, for one thousand dollars, secured by a mortgage on real estate, of the value of fifteen hundred dollars, conditioned that said Bull indemnify the state against loss on the sale of the real estate taken by order of the General Assembly, in payment of his debt; and said Bull having preferred his petition to this Assembly, praying to be relieved from said bond, as per petition on file, &c.—59 Resolved by this Assembly, that the Commissioner of the school fund be, and he is hereby authorized to receive real estate, of the value of one thousand dollars, to be ascertained by the appraisal of judicious, indifferent men, to be appointed by the Treasurer, in lieu of said bond; and that, upon said Bull’s executing and delivering to the state, a deed conveying a good title to such real estate, accompanied by the proper certificates, that the same is free and clear from incumbrance, the same shall be accepted as a final close of said concern, and said Bull shall, thereupon, be exonerated and discharged from said debt.

58. The petition indicated that the senior Bolles mistakenly “did not make a letter of emancipation under his own hand & record the same” as required by law, but had instead relied on a certificate executed by the Ashford selectmen and civil authority. The woman, Rose, had lived with her husband Greenage and their children since May 1793, and the question before the General As- sembly did not involve an attempt to place her back in bondage, but rather to effectuate the wishes of her former owner and avoid the possibility that his heirs would become liable for her support. General Assembly Papers, 1821, Box 1, folder 20, item 31. 59. See S.R., XX, 314. 1821 OF CONNECTICUT 101

Upon the petition of the inhabitants of the Centre district in the town of Windham, praying that power be given to them to procure a Fire Engine, and establish a fire company;60 Resolved by this Assembly, that the inhabitants of said district, in a meeting lawfully assembled for that purpose, shall have power to lay a tax on the assessment list of said inhabitants, last perfected, to procure and maintain a fire engine; and also, to establish a fire company to consist of not exceeding twenty four persons, with the same privileges to which fire companies are entitled by law.

Resolved by this Assembly, that the Controller of public accounts be directed to draw an order on the Treasurer, for the sum of thirty four dollars, in favour of Daniel M. Cooley and Alfred Holt, as a reward for detecting and securing Austin Moses in Hartford gaol, for the crime of passing counterfeit bank notes, of the Eagle bank of New-Haven, knowing the same to be counterfeit.—

Whereas it has been represented to this Assembly, that the United States are about to purchase a piece of land, of about two acres, on Stratford point, in this state, for the purpose of building a Light-House and other buildings necessary for the accommodation of the same, as per memorial on file.61 Resolved by this Assembly, that His Excellency, the Governour be, and he is hereby authorized and empowered, whenever the site aforesaid shall be purchased, by the United States, to execute and deliver a deed in behalf of this state, ceding the jurisdiction in and over the same, to the United States, in the same manner, as cessions of the same kind have heretofore been made by this state to United States.—

Resolved by the Senate and House of Representatives in General Assembly convened, there be paid to John W. Haughton, captain 3d company 3d Regi- ment Infantry, fifty two dollars and forty two cents, for monies paid by him,

60. The Windham Centre District had been incorporated in 1814: S.R., XVII, 103–6, 103n. In their petition, dated May 10, 1821, the inhabitants stated that “said District is composed of a thick settlement of wooden buildings and that during the last winter two barns were accidentally consumed by fire which exposed the district to great danger.” General Assembly Papers, 1821, Box 1, folder 20, item 33. 61. Thomas H. Cushing, the U.S. customs collector for the Port of New London, wrote that he had been directed by the U.S. Treasury Department to purchase the land in the town of Stratford; he had contracted for this purpose but could not complete the purchase before the end of the 1821 legislative session. Hence he requested the authorization that follows. General Assembly Papers, 1821, Box 1, folder 14, item 11. The lighthouse was built at Stratford Point in 1822 and was operational until it was razed and replaced by a new one in 1881. Harlan Hamilton, Lights & Legends, A Historical Guide to Lighthouses of Long Island Sound, Fishers Island Sound, and Block Island Sound ( Stamford, Conn., 1987), pp. 97–98. The last cession of land to the United States, also for a lighthouse, had taken place by an act of the General Assembly in 1817: S.R., XVIII, 258–59. 102 PUBLIC RECORDS May,

and expended in defending in certain suits brought for the recovery of fines imposed, and collected by him, from members of his company; and the controller of public accounts is hereby directed to draw an order on the Treasurer, for the same.

Resolved, that the controller be directed to draw an order upon the Treasurer of this state, for the sum of thirty five dollars, in favour of Ira Hooker, for money advanced by him, to Thomas Kirk, a foreigner and state pauper.

Resolved, that the controller be directed to draw an order upon the Treasurer of this state, in favour of the selectmen of the town of Lebanon, for the sum of one hundred forty nine dollars ninety two cents, for expences incurred by them for the support of one Machias or Mack, a foreigner and state pauper.

Upon the petition of Thomas Lloyd, stating to this Assembly, that he is indebted to the School fund in about the sum of twenty two thousand dollars, which is secured, principally, by mortgages on lands, in the state of Ohio; that his only resource for making payment, is from the sale of those lands; that he cannot sell or dispose of those lands, to advantage, without an advance of money; that he is unable to make such advance, without the aid of the state; praying this Assembly to authorize the commissioner of the school fund, to advance money from time to time, to enable him to sell or exchange his new lands for improved farms, in like manner as was done, under the resolve of October 1810, for the purpose of removing the security from lands in the Con- necticut Western Reserve, in the state of Ohio, on to farms in the state of Con- necticut, or the Commonwealth of Massachusetts, as per petition on file, &c.62 Resolved by this Assembly, that the Commissioner of the school fund be, and he is hereby authorized to make advances of money from time to time, to the petitioner, for the purpose of exchanging said security from said lands in the Connecticut Western Reserve, on to farms in the state of Connecticut or the Commonwealth of Massachusetts, or for the purpose of obtaining bonds and mortgages, to be applied as payment on said debt: Provided, the money to be advanced, be taken from the school fund, or obtained on the credit of the school fund, and the amount do not exceed one sixth part of the value of the security so to be taken in exchange, or the bonds and mortgages to be received in payment; and provided that no money shall be advanced until a bond shall be executed for the amount of debt, for which the security on lands in the Western Reserve, is thus to be exchanged, with the addition of the money to be advanced; and the whole to be secured by mortgage on real estate, of the

62. Lloyd’s petition, dated May 2, 1821, set forth as the reason for the relief sought as “the general stagnation of business, particularly in the sales of land.” General Assembly Papers 1821, Box 1, folder 14, item 20. For the 1810 resolution, see S.R., XV, 120–21. 1821 OF CONNECTICUT 103

description aforesaid, the bona fide value of which, shall be double the amount of said bond; and when bonds are received in payment, they shall be secured by mortgages on real estate, of double the value of such bonds; no advance of money shall, however, be made, which will in any way or manner, interfere with, or lessen the dividends to schools, or when such advance would be any way inconvenient or injurious to the school fund.

Upon the petition of Henry Lum of Huntington in Fairfield county, shewing to this Assembly, that he was collector for the town of Huntington, for the amount of state tax, payable the 20th day of February 1821; and that he paid the same into the treasury, by the time fixed by law, for the payment thereof; but that by mistake, he neglected to transmit to the Treasurer, the certificate of abatement of one tenth part of said tax, allowed by law, within the time limited for settling with the Treasurer, in consequence whereof, he is not entitled to his fees for commission and travel; but has since transmitted said certificate to the Treasurer; praying to be allowed his fees for commission and travel, as per petition on file, dated the 21st day of May 1821; Resolved by this Assembly, that the Treasurer of this state, be, and he is hereby ordered and directed to allow to the said Henry Lum, his fees for commission and travel, amounting to fourteen dollars and ninety seven cents, and settle with him accordingly.

Upon the petition of Daniel J. Griswold and others shewing to this Assem- bly, that there is a tract of land lying in the second society in Middletown, called the round meadow, containing about one hundred and seventy five acres, that is marshy and low ground, and by means of obstructions, is overflowed a considerable part of the year, so that it is rendered unprofitable and useless, and becomes, in the fall season, very filthy, by means of the decayed vegetables, and dead fish left there; and has been considered by the neighbouring physicians, as the cause of the malignant fevers, with which the inhabitants of said society, have been visited, in years past, and many deaths occasioned; and further shewing, that it is the general opinion of the inhabitants of said town, that the said meadow ought to be drained, and the obstructions removed; but as a major part of the proprietors thereof, have long been removed from said town, and gone to parts unknown, they consider themselves incapacitated, as to any legal procedure in the premises; and praying this Assembly to authorize and empower them, or any number of them, to clear and remove the banks and obstructions of the passages of the water, in and about said meadow, at the expence of the several proprietors, in proportion to their quantity of land therein; and that the same be holden for improvement by those authorized as aforesaid, 104 PUBLIC RECORDS May,

till said proprietors pay their several proportions as aforesaid, or that this As- sembly would in some other way grant relief.63 Resolved by this Assembly, that Elisha Treat, Joseph Ranney, William Ran- ney, Josiah Savage, Eliphalet Wilcox, Benjamin Wilcox, and Solomon Sage, together with such other persons, as they may associate with them, when vacancies are occasioned in their number, by death or otherwise, or a majority of them, be, and they are hereby authorized and empowered, from time to time, to clear said meadow, and to clear and remove the banks and obstructions of the passages of the water in and about said meadow, at the expence of the several proprietors, in proportion to their quantity of land therein; and to hold and improve the lands so cleared and drained, as aforesaid, till said proprietors pay their several proportions of the expence incurred as aforesaid: Provided always, that the lands in said meadow, so drained as aforesaid, and they only, shall be holden for the expence incurred by such draining.

Upon the petition of Abraham Morse of Litchfield in the county of Litch- field, representing to this Assembly that he made discovery, and gave information against one John P. Hungerford of Watertown in said county, for uttering and putting off a counterfeit bill, knowing it to be such, purporting to be a bank bill, issued by the Phoenix Bank in this state; that by means of the exertions of the said Morse, in giving information as aforesaid, the said Hungerford was apprehended, and bound over to the Superiour court for trial, in a bond of one hundred and fifty dollars; that said Hungerford neglected and failed to appear before said court, and his said bond of recognisance was called out and forfeited, and has since been paid into the state Treasury; and praying this Assembly to order and direct that the sum of thirty four dollars be paid out of the Treasury of the state, as a reward for his services in discovering and giving information against said Hungerford, as aforesaid; as per petition on file, dated the 4th of May 1821, will appear; Resolved by this Assembly, that the controller be, and he is hereby directed to draw an order on the Treasurer, in favour of the said Abraham Morse, for the said sum of thirty four dollars.

Resolved by the Senate and House of Representatives in General Assembly convened, that there be paid to John Prentiss, Captain of the 1st company, 3d Regiment of Militia, out of the state Treasury, the sum of fourteen dollars ninety two cents, expended by him in the defence of a suit brought against him, when in the faithful discharge of this duty as a military officer; and the

63. The petition, dated May 29, 1821, is well summarized here. The Senate added the proviso at the end of the resolution and the House concurred in the change. General Assembly Papers, Box I, folder 19, items 19–21. 1821 OF CONNECTICUT 105

controller is directed to draw an order in favour of said captain Prentiss, on the Treasurer, for the same.

Resolved by the Senate and House of Representatives in General Assembly convened, that the controller of public accounts, be authorized and directed to draw an order on the Treasurer, in favour of Asa Roath, a captain of militia, in the 18th Regiment militia, for the sum of fifty two dollars and eighty two cents, being amount expenses paid by him in defending a suit brought against him, as an officer while in the faithful discharge of his duty.

Resolved by this Assembly, that the controller be, and is hereby directed to draft an order on the Treasurer, in favour of the school committee of the first society of the town of Lyme, for the sum of eighty six dollars and forty cents, to be paid out of the avails of the school fund.

Resolved by this Assembly, that one clerk constantly employed in the office of the Treasurer of this state, and the office of the controller, and also, in the office of the commissioner of the school fund, be, and they are hereby, each of them, exempted from the performance of military duty, during their constant employment in either of said offices.64

Upon the memorial of James Stevens of Stamford, shewing to this Assem- bly, that on the 30th day of April A.D. 1821, Daniel Lockwood and Samuel Lockwood Junior, a majority of the selectmen of said Stamford, executed to the memorialist, his heirs and assigns, a lease of certain tract of land lying in said Stamford, containing about ten rods of ground, with a blacksmith’s shop standing thereon, belonging to the memorialist, bounded west by highway, south by William Keeler and town’s land, east and north by town’s land, extending twelve feet north, and twelve feet east of said shop, for the term of ninety nine years, praying for a confirmation of said lease, as per memorial on file, dated May 10th 1821; Resolved, that the said lease be, and the same is hereby declared good and effectual to vest in the memorialist, his heirs and assigns, the right and title of said town of Stamford, and of the proprietors of common and vacant lands in said town, in the premises, during said term, and in the manner expressed therein: Provided nevertheless, that this resolve shall not, in any way or man-

64. The issue of exemption from military duty also came up during the 1822 session, when the legislators debated the existing exemptions for Quakers and justices of the peace; however, no additional legislation was adopted. House Proceedings and Debates of May 27, 1822: Courant, June 4, 1822. See also the unsuccessful bill which would have exempted sheriffs and their depu- ties, constables, and bailiffs from militia duty: Rejected Bills, Box 5, 1818–1821, folder 20, 1821, item 6. 106 PUBLIC RECORDS May,

ner, impair or affect the right of any individual or individuals, or of any corporation, other than said town of Stamford, and said original proprietors—

Upon the petition of Daniel Strong of Bolton in the county of Tolland, shewing to this Assembly, that in the year 1820, he was elected as constable for said town, and appointed to collect the state tax, the present year, but that he neglected to take the oath by law required, until the day after the time fixed by law, praying to have his appointment of constable and collector, ratified and confirmed, in the same manner as it would have been, had he taken the oath on, or before the time prescribed by law, as per petition on file; Resolved by this Assembly, that the appointment of said Daniel Strong, as constable of the town of Bolton aforesaid, and collector of the state tax for said town, be, and the same hereby is ratified and confirmed, in all respects the same, as if the said Strong had taken the oath by law required of constables, on or before the time prescribed by law.

Resolved by this Assembly, that the controller be, and he is hereby authorized and directed to draw an order on the Treasurer, in favour of Normand Winchel, for the sum of fifty seven dollars and seventy three cents.

Upon the petition of James S. Dwight and others, shewing to this Assembly, that they are desirous of improving the navigation of Connecticut river, by making Locks to carry boats, rafts, &c., over Enfield falls, praying for an act of incorporation, thereby granting to them the same privileges as were granted to John L. Sullivan, for the same purpose.65 Resolved by this Assembly, that said petition be continued to the session of this Assembly, to be holden at New-Haven on the first Wednesday of May A.D. 1822; and that the pendency of the same, be advertised in one of the newspapers published in the city of Hartford, and in one of the newspapers

65. In 1818 the Assembly had incorporated Sullivan and associates as proprietors of a lock and channel company in Enfield; his inland navigation projects had been the subject of much controversy in recent years. S.R., XIX, lii, 380–82, 380n; XX, xxiv, 68–69, 68n. In their petition, dated May 1, 1821, Dwight and his associates noted that although the 1818 act had allowed Sullivan’s group three years to make improvements, they had made none; their own group, they claimed, had actually done much work and had purchased Lemuel Thwing’s patent for propelling boats up and down the river. (See S.R., XX, 352, 352n. Thwing’s 1820 petition and the documentation of the Assembly’s May 1820 resolution ended up in the Rejected Bills, Box 6, 1821-1824, folder 4, 1822, item 44; folder 5, 1822, item 45.) Dwight and his colleagues requested incorporation to continue their endeavors. The petition was marked “No app. May 1822.” General Assembly Papers, 1822, Box 2, folder 8, item 41. Sullivan himself submitted a petition on May 9, 1821, requesting an extension of time to complete the work; although the legislators drafted a bill for a two-year extension, Sullivan’s petition was eventually withdrawn. Rejected Bills, Box 6, 1821-1824, folder 7, 1822, items 77–79. 1821 OF CONNECTICUT 107

published at Springfield in the county of Hampden, and the state of Massachu- setts, three weeks successively, at least six weeks before the first Wednesday of May A.D. 1822.

Upon the petition of the Granby Turnpike Company, by their agent Pliny Hillyer, shewing to this Assembly, that in the year 1800, they were incorporated a Turnpike Company, to work a road from the north line of the town of Granby, adjoining the town of Granville in Massachusetts, through said Granby and the towns of Simsbury and Windsor, to meet the Talcott Mountain Turnpike road, near the city of Hartford, with liberty to erect two gates whereat to receive the usual toll, to be located by the county court for the county of Hartford; and that they completed said road at the expence of 8,500 dollars, being twenty one miles in length; and their said gates are now erected, one, at the Craig Mountain, so-called, and the other near the house of Lot Pinney in Simsbury; and that the avails of said gates, have not, heretofore, netted more than two per cent on their capital stock, and that the avails of their south gate, has for more than a year past, been reduced more than fifty per cent, owing to travellers, after passing on their road from five to ten miles, leaving the same about eighty rods above their south gate, and taking a road leading by Winton- bury meeting house, and intersecting the said Talcott Mountain road, about one mile west from where their road meets it; praying this Assembly to grant them liberty to erect a whole toll gate, at, or near the house of Ariel Mitchelson, in Simsbury, and an half toll gate, at, or near the house of a Mr. Collins, innholder in Windsor; or otherwise, to erect two half toll gates, at each of said places, as per petition on file, dated the 25th day of May 1821;66 Resolved by this Assembly, that said petition be, and the same is continued to the General Assembly to be holden at New-Haven on the first Wednesday of May next; and that the petitioners give notice of the pendency thereof, by publishing such notice in one of the newspapers printed at Hartford, three weeks successively, at least six weeks before the meeting of said Assembly.

Upon the petition of the Groton and Stonington Turnpike Company, praying for liberty to remove the gate situated near the house of Erastus T. Smith, in said Groton, as per petition on file, dated May Anno Domini 1821;67

66. The company had successfully petitioned the Assembly about changes in the turnpike’s route at the present session (above, pp. 88–89, 89n); the 1800 incorporating legislation is referenced there. The petition is well summarized here. General Assembly Papers, 1822, Box 2, folder 3, item 28. The Assembly acted on the request about the toll gates in 1822: below, pp. 275, 275n. 67. This turnpike company had been incorporated in 1818. The Assembly last considered the company’s affairs in 1820. S.R., XIX, 412–13, 412n; XX, 320, 320n. The Assembly acted on the petition, which is missing from the General Assembly Papers, in 1822; there the date of the petition is given as April 2, 1821: below, pp. 275, 275n. 108 PUBLIC RECORDS May,

Resolved by this Assembly, that said petition be continued to the General Assembly to be holden at New-Haven, in May 1822; and that the petitioners cause notice of the pendency of said petition, to be given, by publishing this resolve three weeks successively, in a newspaper printed in New-London, at least six weeks before the session of said Assembly; which publication shall be deemed sufficient notice to all persons therein interested.—

Upon the petition of the Norwich and Woodstock Turnpike company, shewing to this Assembly, that said company was incorporated by the General Assembly, holden at Hartford, in May 1801, for the purpose of making and maintaining a road from Norwich Landing, through the towns of Norwich, Lisbon, Canterbury, Brooklyn, Pomfret, Woodstock and Thompson, to the line of the state of Massachusetts, a distance of about forty miles, with liberty to erect three gates on said road, for the collection of toll; that the petitioners expended fifteen thousand dollars in repairing said road, soon after said act of incorporation; that they have not received, on an average, a dividend of more than about one and an half per cent, on the aforesaid fifteen thousand dollars, so expended; praying for liberty to erect a half toll gate on said road, between the towns of Pomfret and Brooklyn, at such place as the commissioners on said road, shall direct; as per petition on file, dated the 25th day ofApril 1821;68 Resolved by this Assembly, that the further consideration of this petition be continued to the General Assembly to be holden at New-Haven, on the first Wednesday of May next; and that this resolve be published in the Independent Observer printed at Brooklyn, three weeks successively, at least six weeks before the sitting of said Assembly.

Resolved by this Assembly, that the petition of the Rimmon Falls Turnpike Company, report of committee, and bill in form thereon, be continued to the next General Assembly, to be holden in New-Haven in May next.69

Upon the petition of Thomas Rowland, John Hull and Thomas Brotherell, shewing to this Assembly, that in the year 1819, the petitioners were appointed assessors in the town of Fairfield, in Fairfield county; that they accepted said office, and in execution of the duties enjoined upon them by law, they assessed to Ebenezer Denison, stock which he owned in the funds of the United States; on which assessment, taxes have been laid and collected; and that a suit com-

68. The Assembly appointed commissioners on this turnpike at the present session: above, pp. 75, 75n; the 1801 incorporating act is referenced there. 69. The company had been incorporated in 1802; this petition had been introduced at the 1820 legislative session, where it is summarized. S.R., XX, 351, 351n. The Assembly acted on the request in 1822: below, pp. 276–76, 275n. Items mentioned here can be found in the General Assembly Papers, 1822, Box 2, folder 1, item 7; folder 5, item 48. 1821 OF CONNECTICUT 109

menced by said Denison against your petitioners for assessing said stock, is now pending before the Honourable Superiour court of this state; praying, that the petitioners may be remunerated the expence they have been at in defending against said suit, &c. as per petition on file, dated the 7th day of May 1821; Resolved by this Assembly, that the petitioners, together with the Hon. Da- vid Hill, assessors for said town in said year, be remunerated for the expence they have been at in defending said suit; and that the controller be authorized to liquidate the same, and draw on the Treasurer for the amount thereof.

Resolved by this Assembly, that the Brigadier General of the first Brigade of Infantry be, and he is hereby directed to cause the second company in the first Regiment of Cavalry, to be led to the choice of a captain for said company, and such other officers as may be necessary, under such regulations as he may deem proper.

Upon petition of George Goodwin, Elisha Colt, Lorenzo Bull and Christo- pher Colt, praying for an act of incorporation under the name of the Hartford Brewing Company.70 Resolved by this Assembly, that the said George Goodwin, Elisha Colt, Lo- renzo Bull and Christopher Colt, and all others who are, or shall hereafter become associated with them, be, and they hereby are, with their successors and assigns, made and established a body politic and corporate, by the name of the Hartford Brewing Company, for the purpose of making porter, ale, and other malt liquor; and by that name, they and their assigns and successors shall be, and hereby are authorized and empowered to purchase, take, hold, occupy, possess and enjoy to them and their successors, any goods, chattels and effects, of whatever kind they may be, the better to enable them to carry on such business to advantage; and also to purchase, take, hold and occupy, possess and enjoy any such lands, tenements, or hereditaments in the county of Hartford, or

70. The petitioners, in a memorial dated May 16, 1821, sought incorporation for a business to brew “Porter, Ale, & other malt liquors,” noting that such a business would provide “a ready home market for all the barley that will be grown in the vicinity and also furnish very considerable aid to the trade of the state.” A legislative committee supported the petition, and the bill was passed. General Assembly Papers, 1821, Box 1, folder 19, items 18, 23. By 1822, the company was producing malt liquor, “esteemed as a healthful beverage, and is substituted by many for ardent spirits.” The company offered a premium to Connecticut farmers for barley, and even published approved methods for cultivation: Times, April 16, 1822. While one of the advantages of incorporation lies in the protection of stockholders from liability, leaving creditors to go after corporate assets, a provision of this company’s charter held stockholders individually liable if the corporation became insolvent or lacked assets for the satisfaction of claims. The 1854 case of Deming v. Bull, 10 Conn. 409 (1854) involved a successful attempt by a lender to recover funds from the corporation’s stockholders after the corporation became insolvent. 110 PUBLIC RECORDS May,

elsewhere, as shall be necessary for the views and purposes of said corporation, not exceeding in the whole fifty acres, unless the same be taken in payment of, or security for debts due the corporation; and the same to sell and dispose of at pleasure; or to take a lease or leases thereof for a term of years; also to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any court of record or elsewhere: And said corporation may have and use a common seal, and may alter the same at pleasure. Resolved further, that the capital stock of said corporation shall not exceed one hundred thousand dollars; and that a share of said stock shall be one hundred dollars, and shall be deemed and considered personal estate, and be transferable only on the books of said company, in such form as the directors of said company shall prescribe. And said company shall at all times have a lien upon all the stock or property of the members of said corporation invested therein, for all debts due from them to said company; and said corporation may go into operation whenever, and as soon as twenty thousand dollars shall be taken up or subscribed for. Resolved further, that the stock, property and affairs of the corporation shall be managed by not less than three, nor more than seven directors; one of whom they shall appoint their president, who shall hold their offices for one year, and until new ones shall be chosen in their place; which directors shall be stockholders and citizens of the United States; and shall be annually elected at such time and place as the regulations of said corporation shall prescribe. A majority of the directors shall on all occasions, when met, constitute a board for transacting business; and a majority of the stockholders present at any legal meeting, shall be capable of transacting the business of such meeting, each share entitling the owner thereof to one vote. And George Goodwin, Elisha Colt, Lorenzo Bull and Christopher Colt, or any one of them, are hereby authorized to call the first meeting of the stockholders for the choice of directors, and such other officers as they may think necessary. Resolved further, that the said president and directors, for the time being, or a major part of them, shall have power to fill any vacancy which may happen in their board by the death, resignation or otherwise, for the then current year, and to appoint and employ from time to time, a Secretary, Treasurer, and such other officers, mechanics and labourers, as they may think proper for the transaction of the business and concerns of said company; and also to make and establish such by-laws, rules and regulations as they shall think expedient, for the management of the concerns of said corporation, and the same to alter and repeal: Provided always, that such by-laws, rules, and regulations, be not inconsistent with the laws of this state, or the United States. And said directors shall and may, as often as the interest of the stockholders shall require, and the affairs of said company will permit, declare a dividend or dividends of profit on each share, which shall be paid by the Treasurer of said company. 1821 OF CONNECTICUT 111

Resolved further, that if it shall so happen, that an election of directors shall not take place in any year at the annual meeting of the corporation, the said corporation shall not for that reason be dissolved, but such election may be held thereafter on any convenient day within one year, to be fixed on by the directors, they previously giving public or written notice thereof. Resolved further, that the books of said company containing their accounts, shall at all reasonable times, be open for the inspection of any of the stockholders of said company; and as often as once in each year, a statement of the accounts of said company shall be made by order of the directors. Resolved further, that the directors may call in the subscription to the capital stock by instalments, in such proportions, and at such times, and places, as they shall think proper, giving such notice thereof as the by-laws and regulations of said company shall prescribe; and in case any stockholder shall neglect or refuse payment of such instalment or instalments for the term of sixty days after the same shall become due and payable, and after he, she, or they, have been notified thereof, such negligent stockholder or stockholders shall forfeit to said company all his, her, or their previous instalments, together with all his, her, or their rights and interest whatever in said company. Resolved further, that for all debts which may at any time be due from said company, the stockholders thereof shall be liable in their private capacity; Pro- vided said corporation shall become insolvent, or the property and estate of said corporation cannot be found, and not otherwise. Provided, however, that this bill in form may be altered, amended or repealed at the pleasure of the General Assembly. GOVERNOR OLIVER WOLCOTT: OPENING MESSAGE AT THE MAY 1821 SESSION1

Gentlemen of the Senate and Gentlemen of the House of Representatives. I am happy to congratulate you on the return of this joyful anniversary, which again convenes the councils of this free Republic. During the past year, we have enjoyed general health and a season of unusual fertility: the people are industrious, frugal & tranquil: the dignity of agricultural pursuits is advancing; improvements in the arts are gradually extending, and both are deriving advantages from applications of science and learning to general use: all the severe evils we suffer, have arisen from a unskillful and improvident disregard of those social laws, by which the moral government of the world is invariably directed; still we remain a highly favoured community, and the bounties we are receiving, demand united aspirations of devout gratitude, to the beneficent Disposer of all Events. In addition to the ordinary business of the session, much of your attention will probably be directed, to a revision & compilation of the Statute Laws of this State. I do not doubt your disposition to proceed in this most important work, with the greatest circumspection; preserving in the new code, all those regulations upon which the property of individuals and the order of society essentially depend; incorporating all those amendments which have obtained the sanction of experience, and avoiding every unnecessary change of phraseology, which may lead to new litigations, upon points which have been deliberately settled. The laws of Connecticut are among the most wise memorials of republican government existing among mankind. Under their benign protection, our ancestors were, for ages, secure and happy; nor can piety or patriotism breathe to Heaven a more affectionate desire, than that they may remain unimpaired for the benefit of posterity, while our hills exist, and while our rivers dispense fertility to the beautiful plains which surround us.2 The Act of the last Session, requiring the Brigade of Cavalry to be reduced to four Regiments, and to be dissolved, after an incorporation with the Bri- gades of Infantry, has been executed. The first and third Regiments of Cavalry, have been annexed to the first Brigade of Infantry, the second, to the fifth Bri- gade, and the fourth, to the sixth Brigade.

1. Transcribed from the Executive Journal for 1821, pp. 103–25; we have cross-checked difficult readings from the printed version of the speech in the Mirror, May 7, 1821. While past governors no doubt read their annual messages (or “speeches”) in person to joint legislative sessions, by 1821 a third party presented Wolcott’s messages. Senate Journal, May 3, 1821. 2. For the revision of the state statute book, see above, pp. xviii–xxi, and the references there. 1821 PUBLIC RECORDS 113

In pursuance of the same Act, the Rifle regiments have been dissolved, and the companies annexed to the contiguous regiments of Infantry, except the eighth company, which has been dissolved, at its own request. Although by this arrangement, the regiments have been rendered more unequal than was desirable, yet after consultation, I deemed it the most conducive to the interests of the militia, and to the convenience of the companies, of any which could be devised. By an Act of Congress passed on the 12th day of May 1820, the system of discipline and field exercise compiled by Major General Scott, and ordered to be observed in the Army of the United States, by the different corps of Infantry, Artillery and Riflemen, has been prescribed as the rule of exercise and discipline for the Militia, throughout the United States, and so much of the Act of May 8th 1792, as established by the system of the Baron de Steuben, has been repealed. The same measure has also been confirmed by an Act of Congress, passed during the last session, on the 2d of March 1821. The rules of exercise for the Infantry, have been received, but I cannot learn that any system for the exercise of the Artillery or Riflemen, has yet been compiled. In devising the means for promulgating the new system, for the government of the Militia of this State, you will doubtless consider, whether a revision of the Act of the last session, is not rendered expedient, by some of its provisions. The Rifle companies have been trained & equipped at a considerable expence; their exercise is essentially different from that of the Infantry, with which they are now incorporated, & if active service should be required, they would be found an efficient corps, well adapted to the defence of the State. In connexion with this subject, you are requested to consider the present state of the corps of Horse Artillery, whose equipments have never been completed, and which may now be obtained at much less expence than heretofore. In active service, they would be found a very efficient body of men, and with their cooperation, our present organization will be as complete, and as far as my information extends, as satisfactory to those who perform service, or any which can be devised. I have no doubt that you will constantly bear in mind, that the public defence is almost exclusively committed to the Militia, and that you will, as far as is found practicable, reconcile symmetry, method & utility, with their convenience, thereby diminishing the unavoidable burdens and expences imposed upon the military department.3 In several of the neighbouring States, public attention has been highly excited, to their laws for supporting paupers. It may therefore become interesting to observe what new regulations they adopt, not only to enable us to avail ourselves of the lights afforded by their experience, but also for the protection of our Towns against being harassed by a vagrant population. No defects in our

3. For current issues relating to the state militia, see above, pp. xxii–xxiv, which also refers to the specific matters that Wolcott discusses here. 114 PUBLIC RECORDS May,

system have been suggested to me, nor have I heard from any quarter, that our burdens are unusually oppressive. On this subject, I have only to request you to consider, whether it is not expedient to direct the Controller to prepare a form, to be transmitted to the Selectmen of the respective Towns, and to provide that annual returns be made to that Officer, of the number & description of paupers supported at the public expence, as the foundation of a statement to be laid before the General Assembly. The expence and trouble would be inconsiderable, and the statistical views it would afford, on a subject of great importance, would, for many purposes, be highly useful.4 Several of the States, have, for some time, been attempting to reform their regulations for supporting Penitentiaries, and to reduce the increasing expences of penal justice. All the alterations which have hitherto been made, have, I believe, tended to increase the rigor of punishments. I have no doubt that the substitution of restraint and labour, for the cruel and sanguinary inflictions of the ancient code, has been equally wise and humane, and that the disappoint- ments which have been experienced, have been occasioned by defective arrangements. The scale of human enjoyments rises, from that degree of rest & sustenance, which is barely sufficient to support life, to that which affords the means of the highest innocent gratifications, both physical and mental; and in the efforts of men to elevate their condition in this scale, are to be found, independent of religious sentiments, which originate in a higher source, the excite- ments to all human improvements, including all the motives which stimulate industry, and the causes of every attainment in physical and moral excellence. The propensities and habits which dispose men to the commission of crimes, are violent passions, intemperance & dishonesty. Convicts are commonly men of vigorous health, middle age, & frequently, they are neither deficient in intelligence nor education. The conduct of the most depraved men, is influenced by a misdirected desire of happiness, but their reason being perverted, they seek to obtain good, by selfish gratifications, and the indulgence of unbridled passions. It is the object of penitentiary establishments, to protect society against injuries, to restrain the unprincipled, by the fear of loosing the enjoyments which they possess, and by actual deprivations, to convince offenders, that “the way of the transgressor is hard”. The establishment of New-Gate Prison, has been founded on these principles. I have no doubt, that its influence has been salutary in preventing crimes, & as far as my knowledge extends, no wish exists, that recourse should be had to the ancient modes of punishment. All are satisfied, that the lives, property & tranquillity of peaceable and honest citizens, must be absolutely preserved from violation: and while it is acknowledged that criminals have rights which ought to be conscientiously regarded, & that their persons should be protected against

4. See above, xli, 62, 62n. 1821 OF CONNECTICUT 115

arbitrary restraints, pain & wretchedness, it is justly expected, that the public expence should be as limited, as may be found compatible with these principles. The only defect in our system, with which I am acquainted, is the want of arrangements for giving full effect to the wise principles of the Act of May 1805. This can only be accomplished, by enclosing a greater space, and by increasing the number of workshops; thereby enabling the Overseers to diversify the labour of the convicts, & to render it more productive, and by adapting the restraints to the different habits & deportment of the offenders, to present to their minds adequate motives to industry & reformation.5 The President of the United States has, on his second inauguration, presented to the people, an interesting view of the obligations of the government, of the duties of good citizens, & of the actual condition of this great Country, with which I fully accord. By the late treaty with Spain, our limits have on all sides become adjusted, extending to the lakes, the ocean & the forest, & embracing a great proportion of the territory, in all the temperate climates of North America. In addition to the value of Florida, as a connecting link in the chain of our Union with the Western States, & to the obvious utility of its harbours & timber for maritime purposes, I have but little doubt that the intrinsic value of the soil itself, is much more considerable, than has sometimes been imagined, as being more salubrious, capable of supporting a greater population, & adapted to modes of culture, different from any which have hitherto been introduced, in the alluvial territory before acquired.6 In the possession of an ample domain, sufficient for remote generations; in the patriotic devotion of the people, & especially in their present union, under the free, mild & uniform institutions which have been reared by their care, the fondest anticipations of the founders of the Revolution, have at length been realized, & they are now making their last appeals to the present age, which will be recorded as eternal proofs that they have performed their duties. To the virtue, intelligence & brav- ery of the people, & to the wisdom, energy and enlightened counsels of those who may conduct their government, are now entrusted the most important concerns which were ever committed to men. Both the friends & the enemies of public liberty throughout the World, are now critically observing our conduct, & theirs will be regulated, not by our professions, but by the success or failure of the experiment we are now making. If it is found in practice, that on the just

5. See above, pp. xlv–xlvi. The 1805 act (Stat. Conn., 1808), p. 530, mandated that prisoners, when not working, be housed in solitary cells or by classes in order “to limit the influence of bad examples and counsels among the prisoners, and to promote their return to the habit and practice of virtue.” 6. In his second inaugural address, delivered on March 5, 1821, to which Gov. Wolcott refers in this and the next paragraph, President James Monroe had outlined the advantages gained by the United States by the acquisition of Florida in 1819 and the military measures being undertaken by the national government. Remini and Golway, eds., Fellow Citizens: Presidential Addresses, pp. 62–63, 65. 116 PUBLIC RECORDS May,

performance of his duties, every man can here maintain, in peace & tranquillity, the secure enjoyment of his rights, acquired under the faith of government, & the sanction of stable laws, then our Country will soon attain all that moral & intellectual dignity, of which human nature is susceptible;—& our example will be imitated by other Nations;—but if, by prostrating the powers of government, by the prevalence of internal factions, or more probably by the dissensions occasioned by the counteraction of local jurisdictions, we become a divided people, then the tears of our deluded countrymen & the groans of miserable & enslaved Nations, will hereafter accumulate perpetual reproaches on that age, which will have betrayed the rights of mankind. On this most grave of all subjects of contemplation, my hopes greatly sur- mount my apprehensions, yet no one will deny that the present situation of our Country is critical. My hopes are principally founded on the expectation, that the friends of the public welfare will deliberately consider and efficiently support, the wise & paternal suggestions of the President. In this Country, public opinion is sovereign, & public measures will exhibit indications of vigor, or of imbecillity, as the opinion is wisely or feebly directed. I have no doubt that the military & naval preparations which were commenced at the close of the last war, are necessary to the preservation of our peace & union, & well calculated to prevent an unnecessary waste of human life. They ought, in my opinion, to be perfected & steadily maintained. They resemble the fences around our farms, without which the labour of the husbandman is unavailing. We have only to open our eyes on the events which are occurring among mankind, to be convinced that the laws of political action are nearly as invariable as those of geometry, & that it is as true now, as it was in the time of Philip of Macedon, “that by fraud or by force, the possessions of the supine & indolent, naturally devolve to the active & intrepid”.7 All our national distresses proceed, in my opinion, from a defective system of Finance, which will, I am persuaded, more and more, weaken & impoverish the Country, until it is changed. The low rate of interest & the decreasing value of labour, are sure signs of the stagnation of every kind of active employment, & the high price of our public stocks in England, in connexion with the rate of exchange, are infallible indications, that the representatives of our wealth are rapidly transferring to that Country. The produce of our farms being refused, these transfers are made in payment for fabrics of wool, cotton, linnen, & metals, which our soil & our arts might produce in abundance, not merely for home consumption, but for the support of our commerce, which can only revive through manufactures, or during European wars in which we remain neutral. The fabrics which we import, we yearly consume, thereby constantly

7. The quotation is from Demosthenes’ First Philippic oration in 351 B.C. 1821 OF CONNECTICUT 117

destroying the capital applied in payment, & leaving our accumulating debts, as mortgages upon our remaining resources. There is now no civilized independent Nation, but ourselves, which has not become awakened to the necessity of protecting its internal industry. From the Baltic, to the Mediterranean, the effort is universal, & we cannot with impunity, disregard the admonitions which their examples inculcate. A com- parison between the condition of France & this Country, will illustrate the difference between wise & inefficient systems of political economy. For more than twenty five years, France was harassed by desolating wars, and within five years, she was oppressed by foreign armies, excited to acts of extortion, by vindictive resentments. Now she supports a circulating medium in gold & silver coins, her agriculture, arts & manufactures are flourishing, her commerce is reviving, & both excite the jealousy of her neighbours & rivals; her revenue exceeds her expenditures, & her taxes are diminishing. Excepting the short period of the last war, we have enjoyed peace, & the most of the time have supposed ourselves to be prosperous, but the acquisitions of which we have boasted for twenty years, have vanished, or are invested in unproductive property, which is daily diminishing in value; our industry is becoming languid; our currency consists of notes, which are representatives of our debts due to Banks; even usury is less profitable than heretofore; our national debt exceeds what it did when the present government was first organized, including the debt of the Revolutionary war & the State debts which were then assumed, while our revenue is unequal to our annual expenses, on the most reduced establishment we can make. No man will deny that this contrast is true, or affirm that it is too highly coloured, & I deem it my indispensable duty to present it to your consideration, in consequence of the unexpected crisis at which our affairs have arrived. Congress are exclusively vested with powers to regulate commerce with foreign Nations, & between the States, & yet find themselves unable to adopt regulations, which would protect those industrious pursuits of the people, to which they were invited during a period of great difficulty & danger. For want of uniform laws on the subject of Bankruptcy, & in consequence of decisions in the Supreme Court of the United States, local frauds can be committed with impunity, & yet no man, whatever may have been his previous character & conduct, can, on the surrender of all his property, be discharged from liability for his debts. Thus it has happened practically, that the non observance of a Constitution, which was designed to protect the rights of the people of all the States, to harmonize their institutions, has in effect, suspended two of the most important powers of government in every State, has annihilated many branches 118 PUBLIC RECORDS May,

of industry, indirectly encouraged fraud, & condemned great numbers throughout this extensive Country, to hopeless poverty & indolence—8 Man in a solitary & insulated condition, is the most defenceless & wretched being with which we are acquainted, but in a state of society, & with a mind illuminated by science, he holds dominion over the earth, the air, & the sea, & renders all nature tributary to his ease & comfort. The ancient allegories of Pro- metheus & Hercules, are illustrations of the degradations of science & human labour, during the early ages of mankind, & of the subsequent effects which were produced by their emancipation & united energy. These effects survive, in the literature, histories & monuments of the Microscopic Republics of Greece, as proofs of the elevation which free States may attain by concord, while their ruins are admonitory tokens, of the fatal consequences of disunion & faction. It is a law of human nature, that man never can exert his powers to the injury of his associates, without harm to himself. Selfishness is never profitable. The preceding observations are not made, under the influence of any suspicion that the interests of this State, have been particularly neglected, or that injuries to us, are meditated from any quarter. On the contrary, I believe that we have no reason to be dissatisfied with our relative condition, & that there is no State in the Union, to which our citizens can migrate, with any prospect of advantage. We at least, are not perplexed with controversies arising from any supposed opposition of interests between different occupations & professions. Our agriculture, commerce & manufactures are equally depressed, & we perceive that no branch of industry can flourish, but in consequence of events & measures, which will be beneficial to every employment. Our compact population, vicinity to the best markets, our fertile soil, flocks & herds, our arts & manufactures, the vigor of our institutions, the ingenuity, concord & energy of the people, will, with a divine blessing, sustain us under any trials, which in common with our neighbours, we may be required to endure. We know that the world is open before us, & that we can share in any contingent advantages which foreign markets may present, & that no export duty or burden can be imposed on any of our productions. By being required to support ourselves, from our internal resources, we shall cultivate the republican virtues of frugality, temperance & honest labour. Our greatest evil is, that we cannot exert our powers of improvement & sufficiently encourage that enterprize for which this State has long been distinguished. The pressure of the times falls heaviest, on

8. The U.S. Constitution, Article I, Section 8, authorized Congress to establish uniform laws on bankruptcy; Congress had passed an act on bankruptcy in 1800, which was repealed on 1803. Since then a number of states had passed statutes on debt, insolvency, and bankruptcy, but the U.S. Supreme Court had recently ruled in Sturges v. Crowninshield, 4 Wheaton 122 (1819), that states could not constitutionally discharge pre-existing debts. Charles Jordan Tabb, “The History of the Bankruptcy Laws in the United States,” ABI Law Review, 3 (1995), 12–15. See also above, p. xl. 1821 OF CONNECTICUT 119

our least opulent citizens & upon families recently established. These evils are .greatly to be lamented, & they demand wise counsels & a concert of views, to provide every redress of which they are susceptible. There is obviously no method, by which the interests of the people of this State can be advanced, but by promoting measures tending to increase, diversify, & improve the productive powers of human industry. I have no doubt that great benefit has already resulted from the establishment of agricultural societies, but as they have been wholly unassisted by public support, their efforts have been confined to promoting emulation, & to disseminating information, & in these particulars it is just to acknowledge, that the publications in this & the neighboring States, both on scientific & practical subjects, have been highly useful. The stock of useful animals is improving, an increasing attention to the multiplication & management of sheep, is apparent, & improved modes of culture, have, in some places, been introduced:—but ‘though there is generally no defect of diligence, it is certain that much of our labour is not directed to the best advantage, owning to a want of the latest improvements in agricultural implements & labour, saving machines.9 During the last year, I obtained information of recent discoveries, which are now in active operation, both in England & in France, which I recommend to your particular attention. Machines have been invented in both Countries, by which hemp & flax, as taken from the field, can be prepared for manufacturing even the finest fabrics, & by which the labour, expence & loss occasioned by water steeping, or dew rotting, & the chymical process of bleaching, are wholly superceded. The French machines may, it is said, be easily constructed, and not expensive, & are even of small bulk. The process by which silky flax is obtained, fit for making the finest linnen or lace, is represented to be extremely simple, & from testimony taken before a Committee of the English House of Commons in the year 1817, & from their Report, it appears, that upon the estimated quantity of land devoted to the culture of flax in Great Britain and Ire- land, the increased quantity of a superior kind of fibre which might be obtained by diminishing the waste, would, if the machines were in general use, furnish annual employment to more than eight hundred thousand persons.10 This discovery, by converting an unprofitable, into an advantageous object of husbandry, appears to be perfectly adapted to our climate, state of society, & to the supply of our present wants. We can no longer supply Europe with articles of food; we need little or no instruction in the best modes of raising flax; this is known to be the least perishable of our productions; the supply can

9. For the context of Wolcott’s comments about agricultural improvements, see above, pp. xviii, xxxvii. 10. The governor’s recommendations led to the adoption of the resolutions printed above and below, pp. 73, 73n, 217–18, 218n. For the 1817 report of the House of Commons, see The Reper- tory of Arts, Manufactures, and Agriculture . . . 2nd ser., XXXI ( London, 1817), pp. 366–78. 120 PUBLIC RECORDS May,

therefore be readily accommodated to the demand, thereby preserving a steady price, while it may, in a single season, be rendered as abundant as we can desire. We now import nearly all the linnen manufactures which we consume. Flax is adapted to a great variety of fabrics, from cordage & sail cloth for ships, to paper & fine linnen for domestic use. All the necessary acts for conducting these manufactures, are at present understood, & practiced. The coarser fabrics can be manufactured by machinery, which has already been introduced, & is now in successful operation in the States of New York, New Jersey, & Pennsylvania: household industry would find ample employment in the different kinds of finer fabrics. From the exhibitions at our agricultural meetings, I am certain that many of our females possess skill & ingenuity, which enables them to rival the finest looms of Europe. With an increase of the material, this skill would rapidly disseminate. In a few years, we may fabricate every kind of article which we now consume; afterwards we can supply commerce with excellent articles for exportation, while for a long time, & perhaps forever, this addition to our resources, would not interfere with the manufactures of cotton already established. Although models of these machines have not yet been introduced, & though precise information will doubtless be detained from us as long as possible, yet from the general descriptions which have been given, I have no doubt, that if the ingenuity of our Mechanics could be strongly excited, they would at once be imitated, & probably improved, so that a considerable impulse to the industry of this State, might be communicated in a single year. As all our public funds are derived from a general tax on the property of the people, & as the expediency of innovations, even for the most useful purposes, greatly depends on the degree of unanimity with which they are seconded by public sentiment, I shall forbear expressly to recommend any grant from our public income as at present constituted. I however respectfully request you to consider the expediency of imposing a justly proportioned excise on the retailers of distilled spirits, & of appropriating the proceeds, in aid of voluntary donations, to the encouragement of internal improvements. I am convinced that the effects would be salutary, & I hope that the measure would not be dis- pleasing to any of our constituents.11 I transmit, for your consideration, sundry resolutions of the State of Mary- land, proposing a distribution to the States, & appropriation of a part of the un- sold territory of the United States, for the support of common schools, colleges & academies, to which your cooperation has been invited.12 It is well known that the State of Maryland was a very efficient member of the confederacy, by which the Independence of this Country was established,

11. See above, p. xlix. 12. See above, pp. 62–64, 62–63n. 1821 OF CONNECTICUT 121

& it is certain, that to the influence of this State, the Union is greatly indebted for those cessions of territory by the States, by which dangerous collisions of sentiment were happily terminated. I therefore recommend a liberal & dispas- sionate review of the subject, & such decision thereon, as will best promote harmony, justice & the general interest. I have received from the Governor of the State of Ohio, a Report & Resolu- tions which have been adopted by that State, comprizing a special request, that the opinion of the respective States may be expressed upon the matters therein contained. It appears from these papers, that a tax (supposed to amount to one hundred thousand dollars) was imposed upon one of the offices of discount & deposit of the Bank of the United States, established in Ohio:—that the Bank exhibited a Bill in Chancery, before the Circuit Court of the United States, & obtained an injunction directed to the officers of the State Treasury, prohibiting them from collecting the tax, until the rights of the Bank could be judicially decided:— that notwithstanding this injunction, the State Officers proceeded to collect the tax, & to place the money in the State Treasury, where it still remains:—that in consequence of these proceedings, the Circuit Court adjudged that the State officers had committed a contempt of Court, for which a writ of attachment has been awarded; the result of which must be determined by reason, or by force.13 It is admitted by the State, that the tax was imposed as a penalty, & doubtless with a design to expel the offices of the Bank from the State. The money has not been applied to any use. An offer is understood to have been made to restore it, upon an assurance to be given by the Bank, that the offices shall be reduced to an agency for closing their concerns & that the suits shall be discontinued. It may safely be presumed, that these proceedings have been occasioned, by the just resentments which were excited throughout the United States, by the unwise & dishonest measures which notoriously attended the early administrations of the Bank & several of its offices. As Legislative bodies sometimes act under strong impulses of passion, their errors ought to be palliated, & they should never be imputed as deliberate wrongs, to the people of a State. The same indulgent construction is fairly due to the Bank, the stockholders of which have severely suffered, by the folly & fraud of their agents. The losses

13. For the background and significance of this issue, see above, pp. xxxvi–xxxvii, and the references there. Ohio’s 1820–21 report and resolutions were printed by order of the U.S. Senate: Letter from the Governor of the State of Ohio … transmitting a report of the joint committee of both houses of the General Assembly … upon the subject of the proceedings of the Bank of the United States … (Washington, D.C., 1821). Wolcott quoted from the report several times in the pages that follow. The tax on the offices of the 2BUS and other “unauthorized banks” had been enacted by the Ohio legislature in 1819: The Statutes of Ohio and of the Northwestern Territory …, II (ed. Salmon P. Chase; Cincinnati, 1834), pp. 1072–75. 122 PUBLIC RECORDS May,

of innocent sufferers, demand public sympathy, & do not justify an unnecessary addition to their misfortunes. If they should occasion discussions terminating in misconstructions of the powers of the government itself, the evil would be extended to the whole Country, & to all the people. Legislators are men, & therefore are not infallible. Laws may be unwise & improvident, without being unconstitutional; they may be unconstitutional through inadvertence, in some points, & wise & proper in most particulars. Judges are selected for their presumed wisdom, learning & virtues; they are disinterested arbiters of the questions they decide; they never select the causes which are presented for adjudication, but must decide every cause, regardless of the rank of the parties, or of collateral consequences; they are sworn to do equal justice to the poor & to the rich, according to the Constitutions & Laws by which they are governed. Neither divine nor human justice are respecters of persons. The Constitution of the United States, possesses every possible claim to the affections of the people, & if it is suffered to receive a fair construction, according to those principles of established law, which govern the interpretation of State Constitutions, I am persuaded that the public confidence in its administrations, will continue to increase. Every indication of a disposition to disparage its measures, to stimulate jealousies, & especially to array the power of the State governments, in opposition to its decisions, is greatly to be lamented. As it was devised by a Convention composed of our wisest & most patriotic citizens, chosen for the express purpose of confirming our National Union; as it was ratified by Conventions specially appointed to consider its provisions; as it is declared to be the supreme law of the land, paramount to the laws & constitutions of every State; as the legislative, executive & judicial authorities of all the States are bound by their oaths, to support is provisions; as all its authorities & powers are derived from & dependent on the public will; & as precise forms have been established for peac[e]ably amending any defects which future experience may indicate, it is emphatically in reason, as in law, the Constitution of the People. This People have willed, that the powers of their government, shall, for their convenience & security, & to prevent an undue & disproportionate concentration at particular points, be apportioned to & exercised by different bodies of men. No powers can be exercised differently, or by other bodies, except by special appointment. No jealousy has been manifested; no counteraction is permitted: every power is required to revolve in its appointed sphere, to preserve, aid & regulate, but never to impede the proper movement of any other. These powers and the movements which they all produce, are indeed complex, but it is the complexity of nature, designed to prevent confusion & disorder in the separate parts; the whole are humble imitations of that wisdom, by which the orbits of the heavenly bodies are confined, by invariable laws, to fixed stations in the Universe. 1821 OF CONNECTICUT 123

A practical illustration of the federal system of our Country, may be derived from the institutions of this State. Connecticut is one State, composed of more than one hundred distinct Republics:—more than nine tenths of all our public expences, are defrayed by taxes, which are granted in Assemblies of the people, convened in their respective Towns;—these taxes are levied and disbursed by Officers annually chosen in the same Assemblies; to them are exclusively committed, by far the most interesting regulations of Society; the superintendence of the public police, morality & education; the maintenance & employment of the poor, & the support & preservation of roads, bridges, public buildings & property of every kind. The Towns have been subdivided into Cit- ies, Boroughs, & other civil & religious corporations. The rights of all corporations, are secured by the Constitution: Towns are Corporations, & controversies between them are decided, in the first instance, by the County Courts;—by far the most usual & perhaps the most numerous descriptions of causes, both civil & criminal, are decided by Justices of the Peace: but all causes of every description & amount, may, for errors in law, appearing on the face of the Re- cord, be transferred to & finally decided by our highest tribunal of justice. We all know & perceive by constant experience, that every Statute & every decision of our Court of Errors, affecting the rights of any of these jurisdictions, or of any individual, vibrates through the nerves of the whole community; we know that the supremacy of the law & uniformity of decisions are necessary to the preservation of order, & to maintain every part of our system in its proper place, and we may infer, by sure analogies, that the same principles are equally necessary to the continuance of our National Union, & that the Constitution of the United States, is merely an extension & amplification of the principles of the State Governments. I am sensible that these principles are opposed to the doctrines assumed in the Report which has been adopted by the Legislature of Ohio, & that contradictory propositions cannot both be true. My opinions merely relate to the just moral influence of the Constitution of the United States, & are not intended to deny that it may be subverted by the physical power of the States. In this Report, it is distinctly asserted, that the United States cannot punish murder, unless it be committed in places, where they exercise exclusive jurisdiction: “that a Judge of the Federal Courts, a Marshall, a collector of the Revenue, a Postmaster, a member of either House of Congress, the President or Vice- President, may be murdered, & if the respective States refuse to interpose their authority to punish the perpetrator, he must escape with impunity; that the Government, though supreme in its sphere of action, cannot protect the lives of its functionaries, by the punishment of those who may assail them”—and “that it can assert no jurisdiction, unless violence be offered to them in their official characters, & in the performance of their official duties”. To all these assertions, it is proper to reply, as the Judges are said to have replied, “that the 124 PUBLIC RECORDS May,

power to create, implies a power to preserve”, & that among various modes of preservation, the Legislators of States are enjoined, by the most solemn sanctions, to enact no such laws, & that if enacted, the Judges of every description, are required, by the same sanctions, to declare them unconstitutional and void. It is also asserted, that the United States “cannot coerce the States to elect Senators, or Electors of a President & Vice President”—& “that a combination between one half of the of the States, comprizing one third of the people only, possess the power of disorganizing the federal government, in all its majesty of supremacy, without a single act of violence”. To this, as a fair & direct reply, it may be said, that no other than a moral power is contemplated in the Constitu- tion of the United States, except in opposition to acts of violence, & then only against the individuals who become aggressors. It is the express duty of the State Legislatures, to choose Senators, & it is one which they cannot constitutionally omit to discharge. Occasional vacancies may be supplied by the Executive authorities of the States:—when both these modes prove ineffectual, Congress may at any time, provide by law, for effecting appointments, by the well disposed members of State Legislatures, though consisting of a minority of the whole number existing at the time. The same obligations on the States, & similar provisions for remedies, exist in respect to the appointment of Electors of a President & Vice President of the United States. These & other regulations, which Congress are empowered, by the forms of the Constitution, to make, are sufficient to continue the powers of the government, & they prove that the federal convention was not unmindful of the evils & dangers which might arise, from local & temporary factions.14 To the case of a supposed combination of States, to disorganize the government, it scarcely need be observed, that all such combinations, presuppose the existence of compacts or agreements between States, to effect specified purposes, none of which are valid, if made without the consent of Congress, & if made for purposes of disorganization, they must for that reason, be unconstitutional. It is not for me to assert, as the State of Ohio has done, that the Report & Resolutions which they have transmitted, are fair inferences from the doctrines which were promulgated by the Legislatures of Kentucky & Virginia, in the years 1798 & 1800;15 but I may assert, for so impartial history will declare, that those doctrines, have, at no time, formed practical rules, for the government of any subsequent Administration or Department, & that the principles

14. These matters are the subjects of the United States Constitution, Article I, Sections. 3–4, Article II, Section 1, and Amendment XII. 15. The Kentucky and Virginia Resolutions posited that states could nullify federal acts that they found objectionable, raising questions about the degree of resistance that could be offered to national measures. Other states, including Connecticut in 1799, opposed the resolutions. See Frohnen, American Republic, pp. 396, 398–402, 406–7, 408–32. 1821 OF CONNECTICUT 125

then announced, if they were ever adopted, have been overruled by subsequent decisions, in which the great body of the American People have acquiesced; that the controversies which they attempt to renew, belonged to a generation which has passed from the stage of active life; that the surviving actors, so far as my knowledge extends, are generally reconciled to each other, & concur in recommending one system of measures to the people;—& therefore that the public good requires, that distinctions should cease, which can produce no other effects, than to perpetuate contention. For the purpose of exciting alarm & suspicion, an aphorism is quoted in the Report, that “words are things”. In the same sense, calumnies are arguments, and sophisms are demonstrations. The history of all ages, indeed confirms the melancholy truth, that they have been so employed, for purposes of ambition & faction: even the mild religion of the Saviour of Mankind, has been so obscured by perverse commentaries & incomprehensible creeds, that sons have been ar- rayed against their fathers, & the earth drenched with fraternal blood; but these consequences only prove, that the synthetical inductions, by which theories & systems have been usually established, have led to false conclusions, & that experience in the complex relations of Society, is the surest guide to truth. This sure guide to the Legislatures, Judges and Departments of the National & State governments, through all the perplexities of rival jurisdictions, must, in my opinion, result from a general admission & belief, that all our Constitu- tions, and all our regulations general & local, are parts of one system, which are to be expounded & reconciled with each other, in the particular cases which arise, according to the rules of the Common Law, as it has been adopted & modified in the different States, & as it has been, or may be further modified as National law, by the Constitution & Statutes of the United States. This leading principle is clearly recognised in the “Act to establish the Judicial Courts of the United States”—which being the first Act defining the jurisdiction of the federal Courts, evinces the opinion of the founders of the Constitution. It declares “that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision, in trials at Common Law, in the Courts of the United States, in cases where they apply”.16 I am sensible that attempts have been made, to excite great prejudices against the Common Law, as a barbarous system and a relict of foreign authority. This Law is however, no otherwise an English system, than as our language, which is an essential part of our national identity, is the English language, or than as the laws of nature are English, because Newton their great discoverer, was an Englishman. The Common Law of which I speak, has been the law of the American people, in every generation; it is the basis of the in-

16. The Judiciary Act of 1789, Section 34: U.S. Statutes at Large, I, 92. 126 PUBLIC RECORDS May,

stitutions of every State; its principles were styled the birthright of the people; the attempts of the British Government, to pervert & abrogate the principles of this law, were the causes of the revolution, & they are still the best securities of our rights & property; our charters, declarations, constitutions, statutes & judicial decisions, cannot be understood, without the explanations it asserts; ‘though sometimes called an unwritten law, its minutest rules exist in the most indisputable memorials; Lawyers in every State, agree in nothing so well, as in the maxims by which it is governed, & the extent of their learning & their reverence for its authority, are the only tests, by which men estimate their science, ability & professional fidelity. The Common Law, has sometimes been represented as an arbitrary system, but nothing can be more unfounded than this accusation. It is the only system which wholly excludes imaginary fancies, the pride of opinion, & every theory. If strict constructions and consistent decisions are necessary to protect Con- stitutions, subordinate authorities, & personal rights, they can only be obtained by this system, which requires facts to be established by impartial Jurors, & which then applies the law to those facts, after a public hearing, excluding the caprice & corruption of Judges, by the scrutiny of a profession, whose duty it is, to confine every decision to logical inductions from approved precedents. The records of the Common Law, are records of human experience, & they comprize the whole science of analogies & relations, as applied to jurispru- dence & the administration of justice. Constitutions and Statutes, as they vary preexisting relations, necessarily effect modifications of the Common Law, & either enlarge or diminish preexisting rights; but it is the object of the Common Law, to effect these changes, in a gradual manner, & by rules of construction most consistent with every rule previously established, & with the harmony of the entire system. To effect this object, Judges must survey, in the particular cases which they decide, all the relations with which the cases are connected, not for the purpose of accumulating authority in any part, but to reconcile, if possible, all preexisting relations, with established rules of justice & law, & apply the whole to the particular decisions which are required. The effect of this course of proceeding must tend to maintain our local customs & subordinate authorities of every kind. By it, such customs have been preserved in England, probably from the time of the Heptarchy, & certainly since the age of Alfred, notwithstanding the wars, conquests & revolutions, with which that Country has been afflicted.17 As the Constitutions of many of the States, were formed antecedently to the establishment of the National Constitution; as those which have been formed

17. The Heptarchy encompassed the seven Anglo-Saxon kingdoms of the early medieval period; Alfred the Great was king of Wessex from 871 to 899 A.D. 1821 OF CONNECTICUT 127

since, are founded on analogous principles; as the distribution of powers to different departments, is generally the same; as many of the powers are concurrent; & are both granted & limited, by terms & expressions which are common to both; as the State Constitutions, which were prior in date, had acquired practical constructions, which had been recognized as correct interpretations; as these interpretations were well known to the federal Convention which devised the Constitution, & to the Conventions by which it was ratified, the conclusion is irresistible, that the rules of construction must be the same in both cases, which rules can be no other than those of the Common Law. Nothing is more certain, than that all our Constitutions were established, to secure & extend the rights of the people. The rights of the family and of the village, are the dearest objects of public solicitude, and wherever the chain of mutual relation & dependence is weakened, there disunion begins, & wherever it is broken, there the boundaries of foreign authority commence. It follows of course, that any constructions which render similar expressions in the National & State Constitutions, cumulative of the power of State governments, & at the same time restrictive of the powers of the national government, necessarily tend to destroy the equilibrium which ought to exist & to promote disunion or anarchy. No people ever existed, to whom union ought to be so dear, as to the people of America. We have become too numerous, & are too widely dispersed, to remain connected by the fear of foreign conquest: the very circumstances which facilitate Union, would render civil wars peculiarly disastrous, and civil wars would certainly terminate in despotic authority over every State. Our National Constitution exhibits the only attempt, which has ever been made, to extend equal rights to the people of a great Country, & to restrain powerful communities, by the influence of reason exerted in the mild forms of judicial authority. It is worthy of especial remark, that all the amendments to the Constitution, except the eleventh, were expressly intended to secure personal rights, by terms & expressions, which had been accurately defined by the Common Law. The tenth article has indeed been sometimes wrested to a different purpose, but its terms are, in my opinion, too explicit to be disputed: While it is declaratory of the principle, that the powers of the National & State governments, ought to be strictly expounded in relation to each other, it is also enjoins, that the important powers which are reserved, & of course abol- ished, shall remain with the people. This declaratory assurance is indeed, by far the most important provision in this amendment. The eleventh amendment merely exempts each of the States, in their public character, from any liability to suits commenced in law or equity, by citizens of other States, or by citizens or subjects of foreign states, thereby confiding the duties which they ought to perform towards individuals, & which they cannot with impunity, omit to discharge, solely to the protection of good faith & honour, which, in respect to the direct engagements of free States, are sufficient security. 128 PUBLIC RECORDS May,

If I could be convinced that these opinions tended to disparage the dignity, to diminish the influence, or to subvert the just authority of any State, or of any department or office, general or local, in this Nation, I should then consider the American system of government, as a maze of irreconcilable mysteries, which was impracticable, would end in confusion, & soon disappoint the expecta- tions which have been formed by the friends of public liberty. If this system cannot protect the weak against the strong: if it does not rely upon reason & law, and not upon force, it is nothing. I can see however, in the doctrines which I have endeavored to explain, no such disastrous tendencies. I can perceive, for so truth & candour require ordinary occurrences to be to be perceived, that Legislators, with the most ardent attachment to the Union, & with commend- able objects in view, may enact laws, which in whole or in part, will, on a calm review, by scientific lawyers & learned Judges, be found to be irreconcilable with the Constitution of the United States, or of a State, which they are equally bound to observe and reconcile, if possible, with each other, & with the Statutes and permanent institutions of this Country. I know that the questions must arise when upon particular controversies, in which private rights are concerned, & that the decisions will relate to those controversies alone, & that the adjudged points may be revised in other causes, founded upon different analogies & relations, or arising from new Statutes, or amendments of our Constitutions, & that by this course, remedies at law, for every real, or even imagined wrong, may be secured, to individuals, consistently (as I think) with the dignity & rights of every department & authority. True dignity neither consists in claims of infal- libility, nor to exempting from the supremacy of the Laws. It is asserted in the Report, that “the government of the Union, was not instituted to protect individual rights, or to redress individual wrongs”. That the decisions of the federal Courts tend to draw within their jurisdiction, the whole law of Contracts, & to invest the government with the administration of criminal justice, which, it is said, “is already attempted in the provision for punishing those, who counterfeit the notes of the Bank”. These declarations render it necessary, that the manner in which a rightful jurisdiction may be acquired in particular cases, although the right of general legislation over the subjects to which the cases relate, remains unimpaired with the State governments, should be briefly explained. Among many illustrations which might be made, it is sufficient to state, that no power is more clearly granted to the United States, than that of creating a revenue by duties on imports. These duties have hitherto been secured, by the bonds of the importers of merchandize & their sureties, & in pursuance of a privilege commonly asserted by governments, the United States have, by law, reserved to themselves, the right of being paid in preference to other creditors, notwithstanding the insolvency of their debtors & a transfer of their property to assignees. They 1821 OF CONNECTICUT 129

have also, on the payment of the bonds, secured the same privilege to sureties & executors. But although this has been done by the United States, it is certain that no power is more clearly, or more exclusively vested in the State governments, than that of determining, by general rules, the tenures of real estates, as well as the rules and forms by which every kind of property may be alienated & transferred. It is not easy to state any question, arising under the law of contract, or to the laws relating to tenures, or to the rules of conveyance & transfer, which may not arise upon the settlement of a revenue bond. The cause of action is clearly within the federal jurisdiction, & yet the rules of decision, which relate to a just application of the property, as clearly require, an accurate enquiry into the effect of the laws & decisions of State jurisdictions, & different rules may be applicable to bonds of the same tenor, when they are secured by property lying in different States. In such cases, & although the forum of adjudication may be different from that provided in other cases, yet as the rules of decision will be precisely such as the States have established in analogous cases, they will have no right to complain of any diminution of their political power. As all the possible combinations of rights & interests cannot be foreseen, an important question of Constitutional law, may be imagined to arise on a trial before a Justice of the Peace in this State. His decision, it is well known, may be affirmed or reversed by the Supreme Court of Errors, & afterwards, the decision of the Justice may be affirmed, by the Supreme Court of the United States, yet it is impossible to perceive, how any of these decisions would increase or diminish the power, or disturb or displace either of these jurisdictions in relation to each other, or in the least disparage the dignity of the Legislature of this State. The whole of the proceedings might exhibit nothing more, than an ordinary case of a diversity of opinion, on a doubtful question of law, which had been judicially decided in the Court of dernier resort. Such a case may however be imagined, as would afford a fit illustration of the peculiar moral excellence of our system of National government, in the protection of a humble individual, against the exercise of illegal and unconstitutional power. In regard to the rights of the Bank of the United States, which have elicited these enquiries, I cannot entertain a doubt, that it is within the delegated powers of the National & State governments, at their discretion, & in relation to any objects within the spheres of their delegated authority, to effect combinations of private, with public interests, thereby more efficaciously to promote the public good, which is the great object of all legislation. To withdraw this power from our system of government, would be to deny to it, the most active & efficient agents, which the ingenuity of man has yet devised; for effecting purposes greatly transcending the faculties & resources of individuals, extending beyond the duration of the transitory life of man, & which, although conservative of 130 PUBLIC RECORDS May,

private interests, are, when wisely employed, the most certain indications of civilization & public prosperity. All these advantages may be derived from acts of incorporation, & if they are not concurrent powers, granted both to the Na- tional & State governments, within the limits & for the purposes I have named, I can perceive no principle by which they can be exercised by either. It will, in my opinion, be no just objection, to urge that this power may be greatly abused. This I readily admit, but it is as probable that abuses will happen in the administration of the State, as of the National government, & in the exercise of our cultivated natural faculties, as in either of the other cases, & if this be true, the objection will equally conclude against improvements of every kind. It seems to be a law of nature, that every faculty may be rendered mischievous, nearly in the same proportion, as it is capable of being rendered useful. As little will it avail, as an objection, to form distinctions between public & private corporations; for both must depend on the constitutional power to incorporate, in any instance which can be specified, & on the utility of the establishments proposed to be created. Nor is the objection of more importance, that the power is incapable of any precise definition or limitation at this time, otherwise than as all the powers of government are defined & limited; for who is so vain as to attempt to foretel, all the offices which it may become proper to establish, or how far the inventions, wealth & enterprize of individuals, may hereafter be rendered conducive to public economy & advantage. The preceding observations lead to the true & only enquiries, which directly relate to the present question. Congress are expressly authorized “to lay & collect duties, imposts and excises; to pay the debts & provide for the common defence & general welfare of the United States”. “To borrow money on the credit of the United States”. “To regulate commerce with foreign nations & among the several States & with the Indian tribes”. “To coin the money, regulate the value thereof, & of foreign coin”. “To provide for the punishment of counterfeiting the securities & current coin of the United States”. “And to make all Laws which shall be necessary & proper for carrying into execution, the foregoing powers”. To the State governments, the powers are as expressly denied, either “to coin money, emit bills of credit, make any thing but gold & silver coin, a tender in payment of debts; pass any ex post facto law, or law impairing the obligations of contracts”: or “to lay any duties on imports or exports, except what may be absolutely necessary for executing their inspection laws”.18

18. United States Constitution, Article I, Sections 8 and 10. 1821 OF CONNECTICUT 131

In the exercise of the powers which are granted, & with relation to the duties which are enjoined upon Congress, they have availed themselves of the wealth & industry of individuals, & have incorporated a Bank, with the well known powers & privileges, which have been frequently granted, by State governments, to similar institutions. Express authority has been granted to this Bank, “to establish offices of discount & deposit, wheresoever they shall think fit, within the United States, or the territories thereof”:—And in any state, in which two thousand shares of the Capital Stock are owned, upon the requisition of the Legislature thereof, Congress may by law, compel the Bank, to establish such an office therein. In consideration of the privileges secured to this Corporation, until the year 1836, they have paid & are to pay, one million five hundred thousand Dollars, into the Treasury of the Union. The United States are moreover interested in the Capital Stock, to the amount of seven millions of dollars, secured on a capital bearing interest at five per cent, upon which no advance has been made. If the dividends amount to an average sum of six per cent annually, a yearly profit of seventy thousand dollars, will accrue to the Treasury, besides any contingent advantages which may arise from a sale of the public shares above par. The Bank has moreover assumed an obligation to discharge, gratuitously, the duties of Commissioners of Loans in every State, whenever required by law. This has relieved the Treasury, from an annual charge of about twenty five thousand dollars, & one which there is too much reason to fear, would have increased. The Bank has also engaged, on the requisition of the Secretary of the Treasury, to grant “the necessary facilities for transferring the public funds from place to place, within the United States, & for distributing the same in payment of the public creditors, without charging commissions, or claiming any allowance, on account of the difference of exchange”. This engagement may occasionally be burdensome to the Bank, but no one is more valuable to the people, from its tendency to encourage intercourse between all the States;—& to no State, is it more important, from its effects in equalizing the current rate of exchange, than to the State of Ohio itself. The lake & navigable rivers, by which that State is surrounded; its central situation; its connections with the older States; its facilities of communication with our unsettled territories, & with the best channel through which gold & silver can be introduced into our country; the character of its population; its superior advantages for establishing arts & manufactures, which can never thrive where the standard of value is not steady & uniform;—All these ought to be motives of inestimable value to the central States, which imperiously require, that this engagement of the Bank, should never be relinquished, nor impaired.19

19. For the 1816 Congressional act incorporating the 2BUS, see U.S. Statutes at Large, III, 266–77. 132 PUBLIC RECORDS May,

I have not, nor have I ever had, any interest in this question, otherwise than as a friend to the rights & interests which are common to every citizen. It is now submitted to candid men to declare, whether, upon the facts which have been exhibited, the power of incorporating a Bank to aid the fiscal operations of the National government, can be denied to be constitutional, while the same power is habitually exercised by the State governments. It will not be claimed that the Bank may constitutionally exist in one State, then lawfully expelled from another, for nothing is more certain than, than that contradictory & repugnant powers cannot co-exist. Wise men will consider, whether it is politic, to expel capital from a place, to which it is attached by motives of private interest, & just men will reflect, whether the burdensto which were attached to the grant of incorporation, do not, in law & in equity, exclude the right to impose other burdens, unless Congress should, as they have heretofore done, impose uniform duties on this & all other similar institutions. The Act of the State of Ohio, being penal, & designed to prevent the existence of, or to expel the offices of the Bank from the State, is liable to objections of a peculiar nature, not affecting the general question.20 If this question were ever so doubtful, yet being one of right, it could only be decided by the Judicial department, & the Judges cannot refrain from deciding all such questions, regardless of consequences. It is therefore my opinion, that by disobey- ing the Injunction, which was issued by the Circuit Court of the United States, & which was merely intended to suspend the execution of the State Law, until a judicial enquiry & decision could be made, the officers of the State committed a political error, for which they are justly amenable, in the usual course of judicial proceedings. The circumstances of this Country, occasioned in great measure, by diver- sities of opinions, & by the prolonged debates which, for many years, & on many important subjects, have arisen in Congress, respecting their constitutional powers; the dangerous divisions, & enormous expences which they have produced, & the signal displays of inefficacy which have been recently exhibited; my respect for the State of Ohio; the apprehensions I feel, that antisocial principles, have for some time, been extending between several of the States, & the obligations I have assumed, to support the Constitution of the United States, equally with that of this State, have induced me to enter upon enquiries, which I hope will assist your deliberations on the subject now submitted to your consideration. In the free expression of my opinions, I have sincerely endeavoured to avoid just causes of offence, to any one who entertains sentiments differing from my own. But my individual opinions, are those only, which I can be induced to declare. It is in the faculties of reason & of speech alone, that Man is a humble image of his Divine Creator, & when these are

20. For the 1819 Ohio act, see above, p. 121n . 1821 OF CONNECTICUT 133

perverted to serve the purposes of insincerity, they become worse than useless. It affords a truly sublime subject of contemplation, that questions which affect the political powers of great Communities, & the personal rights of individuals throughout an extensive Country, can yet be calmly referred to the decisions of the human understanding, & the triumph of reason will be complete, if we shall be found capable of consenting, that all such questions shall be governed, by the decisions of established laws, under the controlling influence of the public will, as it may be expressed according to the forms of the Constitution.

General Assembly. May Session AD 1821— Olivr. Wolcott—

At a General Assembly of the state of Connecticut, holden at New-Haven in said state on the first Wednesday of May, in the year of our Lord one thousand eight hundred and twenty two;

Present

His Excellency Oliver Wolcott, Esquire, Governour; His Honour Jonathan Ingersoll, Esquire, Lieutenant Governour; The Honourable Frederick Wolcott Elias Perkins John S. Peters David Hill Orange Merwin David Plant Senators. Dixon Hall Elisha Phelps Austin Olcott Lemuel Whitman William Randall and William Moseley, Esquires,1

1. The session ran from May 1 through May 31, 1822: House Journal. With the exception of David Tomlinson, the entire slate of nominees proposed by a Republican meeting in May 1821 (Times, Mar. 5, 1822) was elected to the state Senate; William Moseley took Tomlinson’s place. Three other members of 1821 Senate did not return: Sylvester Wells and Enoch Burrows, who had first been elected to the upper house when the Reform coalition captured the Council in 1818, and Joshua Stow, who had been elected to the Senate in 1819. In a public letter in 1821, Burrows had declined re-nomination, stating that the state now enjoyed “a constitutional form of government” and that “the objects for which I have with others so long contended [are] now accomplished.” Times, May 8, 1821. Since the 1821 Senate had included only eleven members (see above, p. 1n), five new senators were elected in 1822. For Elisha Phelps, a recent U.S. congressman who also served in that position later in the decade, see S.R., XIX, 4n; Biographical Directory of Congress. Austin Olcott was currently a justice of the peace for Middlesex County; he was almost certainly the medical doctor of that name (d. 1843) who was active in Killingworth and its vicinity during these years. Rufus T. Mathewson, “Medical Profession in Middlesex County,” History of Middlesex County, Connecticut . . . (New York, 1884), p. 24; Ebenezer Baldwin, Annals of Yale College . . . (2nd ed., New Haven, 1838), p. 221. The latter lists him as both “M.D.” and “Hon.” at the time of his 1823 election as a college fellow, a distinction granted to other members of the state Senate around this time. For attorney Lemuel Whitman, who was involved in the revision of the state statute book during the years covered by this volume, see S.R., XX, 73n. William Randall (1768–1841) was currently a justice of the peace and a judge of the court of common pleas in New London County; 136 PUBLIC RECORDS May,

The representatives from the several towns were2

Jeremy Hoadley, Nathan Johnson for Hartford Elijah Francis, Luther Beckley for Berlin Titus Merriman for Bristol David Marks for Burlington James Humphreys for Canton Shubael Griswold, Zebulon Bidwell for East-Hartford Abner Reed, Epaphras L. Phelps for East-Windsor Jabez Collins, Elam O. Potter for Enfield Timothy Pitkin, George Cowles for Farmington Alexander Hollister, Ezra Dayton for Glastenbury Appleton Robbins, Daniel Hayes Junr. for Granby Thomas Sugden, Israel Williams for Hartland Moseley Talcott for Marlborough John O. Pettibone, Hezekiah Case for Simsbury Chester Grannis, Timothy Hart for Southington Luther Loomis, Andrew Denison for Suffield Leonard Wells, Levi Lusk for Wethersfield Oliver Thrall, Henry Newberry for Windsor Ralph I. Ingersoll, William Mix for New-Haven Ebenezer Linsley Junr., Jacob Frisbie for Branford Rufus Hitchcock, Samuel A. Foote for Cheshire John Humphreys Junr. for Derby Philemon Holt for East-Haven Nathaniel Griffin, William Todd for Guilford Hezekiah J. Warner for Hamden Patrick Clark for Meriden Daniel Tyler for Middlebury Samuel B. Gunn, Samuel Durand Junr. for Milford Daniel Pierpont for North-Haven he had served as a militia officer in the War of 1812 and had represented Stonington in the General Assembly and in the 1818 constitutional convention. Hale Cemetery Inscriptions, CSL. William Moseley, a Hartford lawyer, was a justice of the peace in Hartford County and had served as a presidential elector in 1820. At its opening session, the Senate elected Elias Perkins president pro tempore and William W. Boardman clerk: Senate Journal, May 1, 1822. 2. The Mercury (Apr. 8, 1822) projected that “the republican majority in the House of Repre- sentatives will exceed fifty; which is greater than that of last year.” Early in the session representative Robert Fairchild of Stratford introduced a resolution authorizing the House speaker to appoint a chaplain for the session; the motion failed, after opposition by a number of speakers who argued that “the old course of having the different clergy perform the duty in turn, would give more satisfaction to the House” and would avoid “unpleasant feelings among the clergy.” House Proceedings and Debates of May 2, 1822: Courant, May 7, 1822. 1822 OF CONNECTICUT 137

Levi Candee for Oxford Amos Johnson for Southbury Amos Dutton, Benajah Morse for Wallingford Elias Clark, Andrew Adams for Waterbury Heman Hall for Wolcott Noyes Darling, Adonijah French for Woodbridge Christopher Manwaring, John P. Trott for New-London Charles Rockwell, Elisha Tracy for Norwich William Whiting for Bozrah Samuel A. Peters, Cephas Cone for Colchester Henry Hazen for Franklin Elijah Lester for Griswold James Gallup, Nicholas L. Lester for Groton Tyler Brown for Lisbon John S. Rogers, Joel Loomis for Lyme Asahel Otis for Montville John D. Gallup, Nathan Pendleton for North-Stonington Amos Avery 2d, Jonathan Brewster for Preston Joseph Morgan for Salem Elisha Faxon, Amos Gallup for Stonington Charles Avery for Waterford Abraham D. Baldwin, Jonathan Bulkley Junr. for Fairfield Elijah Gregory, Reuben Booth for Danbury Enoch Foote for Bridgeport William Meeker for Brookfield Henry Bates for Darien Stephen Waring, Jared Smith for Greenwich Samuel Beardsley, David B. Newton for Huntington Samuel Raymond for New-Canaan David Lane for New-Fairfield Philo Botsford, Timothy Shepard for Newtown Benjamin Isaacs, Noah Wilcox for Norwalk Billy Comstock, John R. Hill for Reading Aaron Lee, Lot Forrester for Ridgefield Jedediah Graves for Sherman Daniel Lockwood, Joseph Wood for Stamford Robert Fairchild for Stratford Elijah Middlebrook for Trumbull David Sherwood, Eliphalet Coley for Weston Erastus Sturges for Wilton Bela P. Spalding for Brooklyn David Knowlton 2d, David Keyes for Ashford 138 PUBLIC RECORDS May,

Andrew T. Judson, Asa Butts for Canterbury Gershom Dorrance for Columbia Roger Taintor for Hampton David Chase, Simon Hutchins for Killingly William T. Williams, Oliver Kingsley for Lebanon Luther Kingsley, David Conant for Mansfield Joseph Eaton, Sessions Lester for Plainfield Joseph Scarborough, George Sharpe for Pomfret John Thurston for Sterling John Nicholson Junr., Jesse Ormsbee for Thompson Sterry Kinne for Voluntown Zephaniah Swift, Edmund Badger for Windham Thomas Chandler, John McClellan for Woodstock Seth P. Beers, John Welch for Litchfield Salmon Howd, Samuel Munson for Barkhempsted Sheldon C. Leavitt for Bethlem Benajah Douglass, Asa S. Brewster for Canaan Timothy Babcock, Arah Phelps for Colebrook Oliver Burnham, Samuel Hopkins for Cornwall Erastus Lyman, Henry Hart for Goshen Eli Candee, John S. Preston for Harwinton Nathaniel P. Perry for Kent Roger Mills, Asa Goodwin for New-Hartford Perry Smith, Samuel Canfield for New-Milford Augustus Pettibone, Benjamin Welch for Norfolk Calvin Butler for Plymouth Stephen Sanford for Roxbury Martin Strong, Thomas N. Smith for Salisbury Samuel R. Gager, Samuel Roberts for Sharon Matthew Grant, Samuel Woodward for Torrington Sherman Hartwell for Warren Timothy Mitchell, Philo Clark for Washington Holbrook Curtiss for Watertown Matthew Adams, Jonathan Coe Junr. for Winchester Daniel Bacon, William Drakely for Woodbury Samuel W. Dana, Josiah Savage for Middletown Nathaniel Markham Jr., Guy Cooper for Chatham Richard Robinson, Samuel Tibbals for Durham Richard Lord, William Palmer for East-Haddam Simon Shayler, George W. Smith for Haddam Jared Elliot, David Kelsey for Killingworth George Pratt, Ebenezer Hayden for Saybrook 1822 OF CONNECTICUT 139

Hezekiah Nye, Ezra Chapman for Tolland Jabez L. White for Bolton Elijah Wright, Solomon Bidwell for Coventry Asa Willey for Ellington David Norton, Abel Bissell for Hebron Amariah Kibbe Junr., Solomon Fuller for Somers William Rice, Rodolphus Woodworth for Stafford David Lawson, Ingoldsby W. Crawford for Union Francis McLean for Vernon Hiram Rider, Spafford Brigham for Willington

Seth P. Beers, Esquire, Speaker of the House of Representatives Nathan Johnson and Andrew T. Judson, Clerks3

The Committee appointed by the General Assembly to examine the list of votes for Governour, Lieutenant Governour, Treasurer and Secretary, prepared by the Treasurer, Secretary and Controller, together with the returns of votes accompanying said lists, beg leave to Report, that they have attended to the duty assigned them, and find the whole number of votes given, and legally returned for Governour of this state, is ten thousand and sixteen, of which His Excellency Oliver Wolcott received eight thousand five hundred and sixty eight, and is duly elected Governour of this state, for the year ensuing.4 The committee further find, that the whole number of votes given and legally returned for Lieutenant Governour, is six thousand five hundred and eleven, of which His Honour Jonathan Ingersoll received five thousand nine hundred and fifty six, and is duly elected Lieutenant Governour of this state, for the year ensuing.

3. Beers, who had served as clerk in the previous session, was elected speaker with 95 votes out of 166; Johnson, who had also served as clerk in 1821, was chosen with 131 votes out of 154. Andrew Thompson Judson (1784–1853), a lawyer who had resided in Canterbury since 1809, was state’s attorney for Windham County; he served several terms in the Connecticut House of Repre- sentatives and sat briefly in Congress from 1835 to 1836, when he has appointed federal judge for the district of Connecticut. He received 103 out of 143 votes. House Proceedings of May 1, 1822: Courant, May 7, 1822; Biographical Directory of Congress. On May 1, the House authorized the speaker to admit persons to report on proceedings for the state’s newspapers: House Journal. Although the House had followed this practice for a number of years, the Senate still did not allow such reporting; this continued the practice established by the Council under the pre-1818 governmental system. 4. Only one position generated significant opposition. Incumbent state secretary Thomas Day, who had been included in the Republican nomination (Times, Mar. 5, 1822) faced a challenge from Henry Seymour; Day received 4,141 votes to Seymour’s 1,903 (Courant, Apr. 23, 1822). For the partisan context, see above, pp. xvii, xxiv. 140 PUBLIC RECORDS May,

The committee further find, that the whole number of votes given and legally returned for Treasurer, is five thousand six hundred and seventy one, of which Isaac Spencer, Esquire, received four thousand nine hundred and forty six, and is duly elected Treasurer of this state, for the year ensuing. The committee further find, that the whole number of votes given and legally returned for Secretary, is six thousand one hundred and twenty one, of which Thomas Day, Esquire,, has four thousand one hundred and forty one, and is duly elected Secretary of this state, for the year ensuing. All which is respectfully submitted, together with the accompanying resolutions. Signed per order; John S. Peters, Chairman— Resolved by this Assembly, that the foregoing report be accepted; and in pursuance thereof, His Excellency Oliver Wolcott is hereby declared to be duly elected Gover- nour of this state, for the year ensuing; His Honour Jonathan Ingersoll is hereby declared to be duly elected Lieu- tenant Governour of this state, for the year ensuing; Isaac Spencer, Esquire, is hereby declared to be duly elected Treasurer of this state, for the year ensuing. Thomas Day, Esquire, is hereby declared to be duly elected Secretary of this state, for the year ensuing.

Resolved that the Honourable David Hill, together with Messrs. Samuel A. Foote and Timothy Pitkin, Esquires, be appointed a committee to wait on his Excellency Oliver Wolcott, and inform him that it appears from a canvass of the votes of the electors of this state, returned to this Assembly, that His Excel- lency is duly elected Governour of this state, for the year ensuing, and that his election has been declared accordingly: And also to inform him, that a quorum of the Senate and of the House of Representatives, have assembled, and are ready to receive any communication that he shall be pleased to make to them.

The undersigned having publicly canvassed the votes given in by the electors at their meetings in the several towns in this state, on the first monday of April 1822, and returned according to law, for Senators of this state, do find, that the twelve persons having the greatest number of votes, are the following, viz. Frederick Wolcott Elias Perkins John S. Peters David Hill Orange Merwin David Plant 1822 OF CONNECTICUT 141

Dixon Hall Elisha Phelps Austin Olcott Lemuel Whitman William Randall and William Moseley; And we declare the said persons to be elected Senators of this state for the year commencing on the first Wednesday of May next[.] Dated at Hartford the 20th day of April, A.D. 1822. Isaac Spencer, Treasurer Thomas Day, Secretary James Thomas, Controller

The oath prescribed by the constitution of this state, was duly administered to His Excellency, Oliver Wolcott, Esquire, now chosen Governour of this state. The oath prescribed by the constitution of this state, was duly administered to His Honour Jonathan Ingersoll, how chosen Lieutenant Governour of this state; who thereupon took his seat in the Senate accordingly. The oath prescribed by the constitution of this state, was duly administered to Isaac Spencer, Esquire, now chosen Treasurer of this state— The oath prescribed by the constitution of this state was duly administered to Thomas Day, Esquire, now chosen Secretary of this state.

The oath prescribed by the constitution of this state, was duly administered to the Honourable Frederick Wolcott Elias Perkins John S. Peters David Hall Orange Merwin David Plant Dixon Hall Elisha Phelps Austin Olcott Lemuel Whitman William Randall and William Moseley, Now chosen Senators of this state; who, thereupon, severally, took their seats in the Senate accordingly.

This Assembly do appoint James Thomas, Esquire, Controller of public accounts, for the year ensuing. 142 PUBLIC RECORDS May,

Resolved by this Assembly, that Caleb Pond, and Nathaniel Goodwin, together with the Controller of public accounts be, and they are hereby appointed Auditors of the accounts of the Treasurer, for the year ensuing.

This Assembly do appoint Martin Sheldon, Jonathan Pettibone Junr. and Thomas K. Brace, Esquires, Overseers of New-gate prison.

Resolved by this Assembly, that Henry Seymour, Esquire, be, and he is hereby appointed director of the Hartford Bank, for and in behalf of this state, for the year ensuing. Resolved, that John Nicoll, be, and he hereby is appointed director of the New-Haven Bank, on the part of the state, for the year ensuing. This Assembly do appoint Thomas Mather, director of the Middletown Bank, for and in behalf of this state, for the year ensuing.

This Assembly do appoint Lemuel Whitman, Esquire, Chief Judge of the county court, for the county of Hartford, for the year ensuing. This Assembly do appoint Thomas Day, Esquire, Associate Judge of the county court for the county of Hartford, for the year ensuing. This Assembly do appoint John M. Niles, Esquire, Associate Judge of the county court for the county of Hartford, for the year ensuing. This Assembly do appoint Isaac Mills, Esquire, Chief Judge of the county court for the county of New-Haven, for the year ensuing. This Assembly do establish John Humphreys Junr. Esqr., Associate Judge of the county court for the county of New-Haven, for the year ensuing. This Assembly do appoint Noyes Darling, Esquire, Associate Judge of the county court for the county of New-Haven, for the year ensuing. This Assembly do appoint Elias Perkins, Esquire, Chief Judge of the county court for the county of New-London, for the year ensuing. This Assembly do appoint William Randall, Esquire, Associate Judge of the county court for the county of New-London, for the year ensuing. This Assembly do appoint Benjamin Coit, Esquire, Associate Judge of the county court for the county of New-London, for the year ensuing. This Assembly do appoint Robert Fairchild, Esquire, Chief Judge of the county court for the county of Fairfield, for the year ensuing. This Assembly do appoint Zalmon Wildman, Esquire, Associate Judge of the county court for the county of Fairfield, for the year ensuing. This Assembly do appoint James Stevens, Esquire, Associate Judge of the county court for the county of Fairfield, for the year ensuing. This Assembly do appoint David Bolles, Esquire, Chief Judge of the county court for the county of Windham, for the year ensuing. 1822 OF CONNECTICUT 143

This Assembly do appoint James Gordon Junr. Esquire, Associate Judge of the county court for the county of Windham, for the year ensuing. This Assembly do appoint Vine Robinson, Esquire, Associate Judge of the county court for the county of Windham, for the year ensuing. This Assembly do appoint Augustus Pettibone, Esquire, Chief Judge of the county court for the county of Litchfield, for the year ensuing. This Assembly do appoint Martin Strong, Esquire, Associate Judge of the county court for the county of Litchfield, for the year ensuing. This Assembly do appoint John Welch, Esquire, Associate Judge of the county court for the county of Litchfield, for the year ensuing. This Assembly do appoint Joshua Stow, Esquire, Chief Judge of the county court for the county of Middlesex, for the year ensuing. This Assembly do appoint Joel Pratt, Esquire, Associate Judge of the county court for the county of Middlesex, for the year ensuing. This Assembly do appoint William Carter, Esquire, Associate Judge of the county court for the county of Middlesex, for the year ensuing. This Assembly do appoint Sylvester Gilbert, Esquire, Chief Judge of the county court for the county of Tolland, for the year ensuing. This Assembly do appoint Ingoldsby W. Crawford, Esqr., Associate Judge of the county court for the county of Tolland, for the year ensuing. This Assembly do appoint Eliphalet Young, Esqr. As[s]ociate Judge of the county court for the county of Tolland, for the year ensuing.

This Assembly do appoint Jonathan Brace, Esquire, Judge of Probate for the district of Hartford, for the year ensuing. This Assembly do appoint Isaac Mills, Esquire, Judge of Probate for the district of New-Haven, for the year ensuing. This Assembly do appoint Moses Warren, Esquire, Judge of Probate for the district of New-London, for the year ensuing. This Assembly do appoint David Hill, Esquire, Judge of Probate for the district of Fairfield, for the year ensuing. This Assembly do appoint John Baldwin, Esquire, Judge of Probate for the district of Windham, for the year ensuing. This Assembly do appoint Frederick Wolcott, Esquire, Judge of Probate for the district of Litchfield, for the year ensuing. This Assembly do appoint John Alsop, Esquire, Judge of Probate for the district of Middletown, for the year ensuing. This Assembly do appoint Ebenezer Young, Esquire, Judge of Probate for the district of Plainfield, for the year ensuing. This Assembly do appoint Reuben Elliot, Esquire, Judge of Probate for the district of Guilford, for the year ensuing. 144 PUBLIC RECORDS May,

This Assembly do appoint Michael F. Mills, Esquire, Judge of Probate for the district of Norfolk, for the year ensuing. This Assembly do appoint Nathan Preston, Esquire, Judge of Probate for the district of Woodbury, for the year ensuing. This Assembly do appoint Simeon H. Miner, Esquire, Judge of Probate for the district of Stamford, for the year ensuing. This Assembly do appoint Reuben Booth, Esquire, Judge of Probate for the district of Danbury, for the year ensuing. This Assembly do appoint Benjamin Trumbull, Esquire, Judge of Probate for the district of East-Haddam, for the year ensuing. This Assembly do appoint John Hyde, Esquire, Judge of Probate for the district of Norwich, for the year ensuing. This Assembly do appoint John Nichols Junr. Esquire, Judge of Probate for the district of Pomfret, for the year ensuing. This Assembly do appoint Samuel Church, Esquire, Judge of Probate for the district of Sharon, for the year ensuing. This Assembly do appoint Calvin Willey, Esquire, Judge of Probate for the district of Stafford, for the year ensuing. This Assembly do appoint Elisha Phelps, Esquire, Judge of Probate for the district of Simsbury, for the year ensuing. This Assembly do appoint William Williams of Groton, Esquire, Judge of Probate for the district of Stonington, for the year ensuing. This Assembly do appoint Lemuel Whitman, Esquire, Judge of Probate for the district of Farmington, for the year ensuing. This Assembly do appoint Rufus Hitchcock, Esquire, Judge of Probate for the district of Wallingford, for the year ensuing. This Assembly do appoint William Lynde, Esquire, Judge of Probate for the district of Saybrook, for the year ensuing. This Assembly do appoint David Plant, Esquire, Judge of Probate for the district of Stratford, for the year ensuing. This Assembly do appoint Lorrain T. Pease, Esquire, Judge of Probate for the district of East-Windsor, for the year ensuing. This Assembly do appoint John Kingsbury, Esquire, Judge of Probate for the district of Waterbury, for the year ensuing. This Assembly do appoint William M. Betts, Esquire, Judge of Probate for the district of Norwalk, for the year ensuing. This Assembly do appoint Jehiel Williams, Esquire, Judge of Probate for the district of New-Milford, for the year ensuing. This Assembly do appoint Sylvester Gilbert, Esquire, Judge of Probate for the district of Hebron, for the year ensuing. This Assembly do appoint Joab Griffin Junr. Esquire, Judge of Probate for the district of Granby, for the year ensuing. 1822 OF CONNECTICUT 145

This Assembly do appoint Samuel C. Blackman, Esqr., Judge of Probate for the district of Newtown, for the year ensuing. This Assembly do appoint Oliver Pease, Esquire, Judge of Probate for the district of Suffield, for the year ensuing.

This Assembly do appoint John T. Peters, William Moseley, Elisha Colt, John Caldwell, John Russ, Thomas Day, Joseph Trumbull, Hezekiah Hunting- ton, Isaac Spencer, Luther Savage, Nathaniel Seymour, Henry Seymour, Nathan Johnson, Talcott Wolcott, John M. Niles, Charles Sigourney, Isaac Tousey, Jo- seph G. Norton, Cyprian Nichols, Gaius Lyman, Daniel Dunbar, Jabez Lang- don, Andrew Pratt, Luther Beckley, Samuel Hart, Thomas Lee, Benjamin Allen, John Dunham 2d, Joel Truesdale, Licester Carrington, Jared W. Pardee, Simeon Hart, Elias Wooden, William Marks, James Humphreys, Benjamin Weed, Junr., Elisha Case, Lemuel White, Levi Goodwin, Samuel Pitkin, Ozias Williams, Joseph Treat, Ephraim Wyllys, William Cooley, Timothy Ellsworth, Jonathan Bartlett, Eli B. Haskell, Godfrey Scarborough, Jonathan Pasco, Asher Allen, Horace Barber, Elliot Grant, Henry Terry, Elam O. Potter, Lorrain T. Pease, Jabez Collins, David Gates, John Mix, Timothy Pitkin, Horace Cowles, Lemuel Whitman, Noadiah Woodruff, Amasa Woodford, Zephaniah H. Smith, Pardon Brown, David E. Hubbard, Samuel Wells, Jeremiah Stocking, George Merrick, Solomon Cole, Jonathan Wells, Joab Griffin Junr., Joel Holcomb, James Dibble, Daniel Benjamin, Horace Clark, James Forward, Daniel B. Holcomb, Philan- der Humphrey, Nathaniel Bosworth, Jared Newell, Ezra Doolittle, Eli Wilder, Wyllys Wright, Israel Foote, Joel Foote, Elisha Buell, Samuel F. Jones, Calvin Barber, William Mather, Elisha Phelps, Asaph Tuller, James Goodwin, Joseph Pinney, John O. Pettibone, Roger Whittlesey, John E. Benjamin, Theodore By- ington, Timothy Jones, William Gay, Oliver Pease, Martin Sheldon, Andrew Denison, Charles Shepard, Ezekiel P. Belden, Martin Kellogg Junr., Robert Francis, Elijah Keach, Jesse Goodrich, James L. Belden, Hart Lewis, Henry Bulkley, Amos A. Webster, Edward Selden, Luther Fitch, Richard Niles, Jo- seph H. Russell, James Loomis, Oliver Thrall, [and] Elisha N. Sill, Esquire[s], Justice[s] of the Peace for the county of Hartford, for the year ensuing. Whereas, Enos Ives, Esquire, by mistake and accident, omitted to make his return of duties for the year past, by the 10th day of May, but returned and paid the same to the Treasurer, on the 11th day of May; Resolved by this Assembly, that Enos Ives, Esquire, be, and he is hereby appointed a Justice of the Peace for Hartford county; and that he be, and hereby is authorized to discharge the office of Justice of the Peace, any law to the contrary notwithstanding.— Whereas George Cheney, Joseph Pitkin, Daniel Hayden and Erastus Strong, Esquires, Justices of the Peace within and for the county of Hartford, for the year 146 PUBLIC RECORDS May,

past, have omitted, by mistake, to make their return of duties to the Treasurer, within the time prescribed by law, but have since made their return, therefore, Resolved by this Assembly, that the aforesaid George Cheney, Joseph Pit- kin, Daniel Hayden and Erastus Strong, Esquires, be, and they are hereby appointed Justices of the Peace within and for the county of Hartford, for the year ensuing; with power and authority to execute the duties of said office, any law to the contrary notwithstanding.

This Assembly do appoint William Bristol, Isaac Mills, Nathan Smith, Eli- sha Monson, Eli Whitney, Charles Denison, Aeneas Monson Junr., Charles Bostwick, John Hunt 2d, Benjamin Grannis, William Mix, Ralph I. Ingersoll, Andrew Kidston, James Barnes, Nathan Platt, Henry C. Flagg, David Kimber- ly, Cornelius Tuthill, James Barker, Benjamin Page, Jacob Frisbie Junr., Orin D. Squier, Augustus Baldwin, Calvin Frisbie, John Potter, Abraham Rogers, Junr., Henry Taintor, William Rogers, Rufus Hitchcock, Andrew Hull, Bur- rage Beach, Samuel Peck, Reuben W. Rice, Sheldon Curtis, John Humphreys, Junr., Russell Hitchcock, Philo Bassett, Enos Hemingway, Degrasse Maltby, John Hemingway, Elijah Bradley, Nathan Chidsey, William Todd, Reuben El- liot, John F. Meigs, David S. Fowler, Frederick Lee, Timothy Stone, William Spencer, George Griswold, Henry Elliot, George Landon, Russell Pierpont, Hezekiah J. Warner, Jared Bassett, Joseph Gilbert, Benajah Andrews, William Yale, Patrick Clark, Titus Ives, Asahel Merriman, Nathaniel Richardson, Asa- hel Bronson, James D. Wooster, William Durand, William Strong, Ichabod A. Woodruff, Jonathan Clark, Abijah Carrington, David Treat, Joshua Barnes, Justus Bishop, Daniel Pierpont, Jacob Bassett, Abel Wheeler, Charles Bun- nel, Levi Candee, Samuel Meigs, Burton Canfield, William Hinman, Moses Wheeler, John Moseley, John Pierce Junr., Gideon Judson, Ebenezer Johnson, Samuel Cook, Amos Dutton, Caleb Cook, Hunn [Hiram?] Monson, Malachi Cook, Ira Yale, John Barker, John Kingsbury, Daniel Steele, Ashley Scott, Woodward Hotchkiss, James Scovill, Elias Ford, Truman Porter, Chauncey Lewis, Benjamin Bronson, Justus Thomas, Ezra Kimberly, Archibald A. Per- kins, John Darling, Adonijah French, Noyes Darling, John Dibble, George F. Peck, Ambrose Ives, Archibald Miner, Willoughby L. Lay, Jonas F. Merwin, [and] Benjamin L. Lambert, Esquire[s], Justice[s] of the Peace for the county of New-Haven, for the year ensuing. Whereas Isaac Gilbert, Chauncey Bunce, Lent Bishop, Jared Bradley, Wil- liam Law, Amasa Bradley and Aaron Hall, Esquires, by mistake, omitted to make return of duties on civil process, on or before the 10th of May instant; but have since made such return; Resolved, that the said Isaac Gilbert, Chauncey Bunce, Lent Bishop, Jared Bradley, William Law, Aaron Hall and Amasa Bradley, Esquires, be, and they hereby are appointed Justices of the Peace within and for the county of New-Ha- 1822 OF CONNECTICUT 147

ven, and are hereby authorized to exercise all the duties appertaining to the office of justice of the peace for said county, any law to the contrary notwithstanding.

The Assembly do appoint Jeremiah G. Brainard, Elias Perkins, Jacob B. Gurley, Ebenezer Learned, Isaac Thompson, William Stockman, Christopher Manwaring, Christopher Griffing, Oliver Champlin, Lodowick Fosdick, Asa Dutton, Daniel Deshon Junr., Benjamin Coit, Erastus Huntington, Simeon Thomas, Joseph Williams, James Stedman, Benjamin Snow, Charles P. Hun- tington, George Perkins, Farwell Coit, John Hyde, John Fanning, Eleazer Rog- ers, Charles Perkins, George Hill, Roswell Morgan, Benjamin Tracy, John H. Townsend, Charles Rockwell, Eber Backus, Isaac Story, Joshua Stark, Gardner Avery, William Whiting, Ezra Lathrop, John R. Watrous, Benjamin Trumbull, Samuel A. Peters, John Bigelow, Zachariah Olmsted, Daniel Carrier, Ralph Isham, Artemas Worthington, Avery Morgan, Eli Hartshorn, Ira Abel, Darius Frink, Lewis Hyde, Comfort D. Fillmore, William Clift, Welcome A. Browning, Alexander Stewart Junr., Jedediah Barstow, Ephraim Herrick 2d, Elias Brews- ter, Elisha Partridge, Thomas Stewart, Lot Kinney, Samuel C. Morgan, Noyes Barber, Ebenezer Avery Junr., Ralph Hurlbut, John O. Miner, Amos A. Niles, Roswell Fish, Caleb Avery, John Brewster, John Spicer 2d, William Williams, Palmer Hewitt, Rodman Niles, Elisha Ayer, Rufus Smith, Philip Gray, Nathan Daboll, Elisha Avery, William Adams, Freeman Tracy, Daniel Braman, Joseph L. Lyon, Joseph Jewitt, Nathan Brooks, Moses Warren, Ebenezer Brockway, Richard E. Selden, Charles Smith, Samuel B. Mather, Joel Loomis, Peter Com- stock, Joseph Chadwick, Henry M. Wait, Daniel Anderson, Ezra Pratt, Thom- as Strickland, Joshua R. Warren, Asahel Otis, Nathaniel Bradford, Jonathan Comstock, Stephen G. Thatcher, Ephraim Fellows, Hazard Browning, Stephen Avery, Elias Hewitt, Nathan Pendleton, Sands Cole, Chester Smith, Benjamin Pomeroy, William Randall, Junr., John Langworthy Junr., Perez Hewitt, David Coats, Ichabod Brown, Israel P. Park, Stephen Meech, Denison Palmer, Jona- than Brewster, James Cooke, Robert S. Avery, William Kimball, Joseph Mor- gan, Ebenezer Packer, Vine Stoddard, Shubael Park, Enoch Burrows, William Randall, Coddington Billings, Isaac Williams 2d, Park Williams, William Rob- inson, George Hubbard, Amos Gallup, Elias Brown, Gurdon Trumbull, Giles R. Hallam, Asa Fish, Alexander G. Smith, Elisha Faxon, Samuel F. Denison, Joseph Noyes, Charles Avery, Benajah Gardner, Griswold Avery, Joshua B. Chapel, Edward R. Warren, [and] Thomas Shaw Perkins, Esquire[s], Justice[s] of the Peace for the county of New-London, for the year ensuing. Whereas the Honourable James Lanman and Thomas Wheeler, Esquire[s], Justices of the Peace for New-London county, neglected, by mistake, to make return of state duties by the time required by law, but have since made their returns, and settled with the Treasurer; 148 PUBLIC RECORDS May,

This Assembly do, therefore, appoint the said James Lanman and Thomas Wheeler, Justices of the Peace for the county of New-London, for the year ensuing; with full power to execute the duties of said office, any law to the contrary notwithstanding. Whereas Joshua Tracy, Esquire, did, by mistake, omit to make return of duties within the time prescribed by law, but hath since made return to the Treasurer; Resolved by this Assembly, that the said Joshua Tracy, be, and he is hereby appointed a Justice of the Peace for the county of New-London, for the year ensuing; and he is authorized and empowered, to execute said office, any law to the contrary notwithstanding.

This Assembly do appoint David Hill, Samuel Rowland, Hull Bradley, Eliphalet Swift, Amos Burr, Gideon Tomlinson, John Hull, Jeremiah Sturges, Seymour Taylor, Gershom Burr, John Staples, Thomas B. Osborn, Daniel N. Carrington, Samuel H. Phillips, Nathan Seeley, Zalmon Wildman, David Foot, Eli Taylor, Russell Hoyt, Reuben Booth, Matthew Wilkes, Daniel Tomlin- son, Robert B. Ruggles, Eli Ruggles, Noah A. Lacey, Stephen Gregory, Noah Plumb, Charles Winton, Philip A. Cannon, Ethan Sherwood, Ebenezer Seeley, David Nichols, Junr., Benjamin Brooks, Gilbert Close, David Wood, William Knapp, Joshua Ferris, Thomas Close, Joseph Shelton, Samuel P. Mills, Heze- kiah Marks, David B. Newton, Samuel Wheeler, Abel French, Israel A. Beard- sley, Philip Nichols, Timothy S. Wells, Cyrus H. Beardsley, Isaac Richards, Nathan Seeley, Erastus Seeley, Samuel T. Barnum, Jabez Treadwell, David Lane, Timothy Shepard, Lamson Birch, Benjamin Hard, Adoniram Fairchild, Samuel C. Blackman, Zachariah Clark Junr., Jacob Beers, Charles Chapman, Daniel Blackman, Henry Belden, Barnabas Marvin, Clark Bissell, Seth Tay- lor, Benjamin Isaacs, William M. Betts, Thaddeus Betts, James Quintard Junr., Billy Comstock, William Comstock, Jonathan Meeker, Aaron Sanford, Junr., Jonathan R. Sanford, John R. Hill, Samuel Stebbins, Jesse S. Bradley, Bradley Hull, Stephen C. Lines, Lot Forrester, Isaac Lockwood, James Stevens, Charles Hawley, Simeon H. Minor, John Augur, Daniel Lockwood, Robert Fairchild, Jabez H. Tomlinson, Elijah Ufford, David Plant, Levi Curtiss, David Northrop, Jedediah Graves, William Giddings, James A. Giddings, Stephen Beardsley, Ebenezer Wheeler, Elijah Middlebrook, James Beardsley, James Beardsley, Junr., Elihu Beach, Stephen Wheeler, Jeremiah Rowland, Joshua Adams Junr., Simeon Fanton, Oliver C. Sanford, Isaac Bennett, Joseph Bennett, Calvin Wheeler Junr., Walker Sherwood, Matthew Marvin, Ezekiel Sturges, Daniel Church Junr., Bela St. John, Erastus Sturges, Thaddeus Bell, John Weed Junr., Henry Bates, Smith Booth, [and] Isaac Sherman, Esquire[s], Justice[s] of the Peace for the county of Fairfield, for the year ensuing. 1822 OF CONNECTICUT 149

Whereas Ebenezer Beardsley, Lemuel Judson and Daniel Judson, Esquires, did, by mistake, omit to make return of duties to the Treasurer, within the time limited by law; but have since made such return; Resolved by this Assembly, that the said Ebenezer Beardsley, Lemuel Jud- son and Daniel Judson, be, and they are hereby appointed Justices of the Peace within and for the county of Fairfield, for the year ensuing; and they are hereby authorized and empowered to execute said office, any law to the contrary notwithstanding.

This Assembly do appoint John Parish, Vine Robinson, Samuel Scarbor- ough, David C. Bolles, Adams White Junr., Elisha Adams, David Bolles, Jo- sias Byles, Philip Hayward, Edward Keyes, John Warren, Nathan Hayward, Michael Richmond, Thomas Dow, Levi Work, Daniel Knowlton 2d, Andrew T. Judson, Asahel Bacon, John Francis, Peter Morse, William D. Foster, Rufus Johnson, Junr., Ethan Chaffee, Samuel L. Hough, Walter Williams, Lebbeus Ensworth, Silas Fuller, Seth Collins, Gershom Dorrance, Amherst Scovil, Sam- uel Little, Nathaniel F. Martin, Roswell Preston, Charles Moulton, Chauncey F. Cleavland, George Dunworth, Ezra Hutchins, Joseph Adams, Anthony Brown, Ebenezer Young, Penuel Hutchins, Luther Warren, Arby Covil, David Chase, Roland Leavins, Thomas Durfee, William T. Williams, Peleg Thomas Junr., Asahel Dewey, Daniel Hutchinson, Abel Goodwin, Thomas Babcock, Charles Abel, John Salter, Zalmon Storrs, Seth Dunham, Luther Kingsley, David Conant, David Avery, James Gordon Junr., Joseph Eaton, John Lester, John Dunlap, Sessions Lester, Aaron Crary, Jonathan Gallup, Lemuel Ingalls, Ephraim Ingalls, George Sharpe, Pardon Kingsley, Thomas M. Grosvenor, Henry Sweeting, Jonathan P. Hall, Dixon Hall, Jeremiah Young, John Gal- lup, Calvin Hibbard, George Learned, John Jacobs, Simon Davis, Jonathan Nichols, John Nichols, Junr., Jesse Ormsbee, James Alexander, Sterry Kinne, Amos Treat, Benjamin Gallup Junr., Peter Webb, Jabez Clark, Samuel Perkins, John Baldwin, Roger Huntington, Amos D. Allen, Jonathan Devotion, Abner Robinson, John Staniford, John McClellan, John Fox, John Paine, William Bowen, Ebenezer Stoddard, Abraham W. Payne, Luther Rawson, Nehemiah Holt, [and] Erastus Hough, Esquire[s], Justice[s] of the Peace for the county of Windham, for the year ensuing. Whereas Penuel Corbin, Esquire, a Justice of the Peace within and for the county of Windham, by mistake, omitted to make return of duties by him received on civil process, prior to the 10th day of May 1822; and whereas the said justice Corbin has since made return to the Treasurer of this state, that he received no duties by law returnable to said Treasurer, prior to the 10th day of May 1822; of which fact, the Treasurer’s certificate is made out; therefore, 150 PUBLIC RECORDS May,

Resolved, that Penuel Corbin, Esquire, be, and he is hereby appointed a Jus- tice of the Peace within and for the county of Windham, for the year ensuing, any law to the contrary notwithstanding.

This Assembly do appoint John Welch, Frederick Wolcott, Asa Bacon, Phineas Miner, Levi Catlin, Morris Woodruff, Seth P. Beers, Jabez W. Hun- tington, Jonathan Buel, Ozias Lewis, Ephraim S. Hall, Isaiah Bunce, Elihu Harrison, John Merrills, William Taylor, Paul Roberts, Amos Beecher, Samuel Munson, Nehemiah Lambert, Samuel Bloss, Nathan Burton, Junr., Nathan- iel Stevens, William M. Burrill, William Hollabird, Joshua Cornwall, Benajah Douglass, James Fenn, Reuben Rockwell, Seth Marshall, Launcelot Phelps, Samuel Whitford, William S. Hollabird, Oliver Burnham, Rufus Swift, Wil- liam Kellogg, George Wheaton, Samuel Hopkins, Victoranius Clark, Truman Starr, Julius Beach, Alfred Walter, Giles Griswold, Homer Collins, James Brace, Lewis Catlin, Benjamin Griswold, Noah Welton, Benajah Hayden, Na- thaniel P. Perry, John Mills, John H. Swift, Nathan Slosson, Birdsey Beards- ley, Zachariah Winegar, William G. Williams, Asa Goodwin, Andrew Aber- nethy, Isaac Kellogg, Reuben Warner, David S. Boardman, Homer Boardman, Eli Todd, Joel Sanford, Stephen Crane, Perry Smith, Daniel Gaylord, Elijah Boardman, Orange Merwin, Augustus Pettibone, Joseph Battell, Michael F. Mills, Joseph Riggs, Bushnell Knapp, Edmund Brown, Calvin Butler, Thomas Mitchell, Chauncey Warner, Ransom Blakeslee, Josiah R. Eastman, Royal R. Hinman, Stephen Sanford, John Trowbridge, Lot Norton, Martin Strong, Eliphalet Whittlesey, John M. Holly, Samuel Church, Abijah C. Peet, Seneca Petty, Calvin Gay, Samuel E. Everett, Oliver Kellogg, Ansel Sterling, Samuel Rockwell, Samuel R. Gager, Benoni Peck, Samuel Roberts, Horatio Smith, William Battell, Erastus Hodges, Russell C. Abernethy, Stephen Fyler, Gris- wold Woodward, Christopher C. Wolcott, Charles Merriman, Holbrook Cur- tiss, Daniel Hickox, Junr., John Buckingham, John Tallmadge, Judah Eldred, Stephen Strong, Sherman Hartwell, William Cogswell, Daniel B. Brinsmade, Constantine McMahon, Hermanus Marshall, Curtiss Heacock, Ensign Bush- nell, Youngs Elliott, Timothy Mitchell, Charles B. Phelps, Jesse Miner, Nathan- iel Perry, Matthew Miner Junr., Leman Sherman, Joseph Miller, James Beebe, Luman Wakefield, Truman S. Wetmore, [and] Isaac Brownson, Esquire[s], Justice[s] of the Peace for the county of Litchfield, for the year ensuing. Whereas James Birge, Esquire, a Justice of the Peace for Litchfield county, neglected to make return of duties on writs to the Treasurer on or before the 10th day of May instant, but has since made return, and paid the amount by him received, into the Treasury; Resolved, that the said James Birge, be, and he is hereby appointed Justice of the Peace within and for the county of Litchfield, for the year ensuing; and 1822 OF CONNECTICUT 151

he is hereby made capable in law, to execute the office of Justice of the Peace in said county, any law to the contrary notwithstanding. Whereas Elisha Case Junr. Esquire, a Justice of the Peace for Litchfield county, neglected to make return of duties on writs to the Treasurer, on or before the 10th day of May instant, but has since made return, and paid the amount by him received, into the Treasury; Resolved, that the said Elisha Case Junr. be, and he is hereby appointed Justice of the Peace within and for the county of Litchfield, for the year ensuing; and he is hereby made capable in law to execute the office of justice of the peace in said county, any law to the contrary notwithstanding. Whereas Nathan Preston, Esquire, a Justice of the Peace for Litchfield county, neglected to make return of duties on writs, to the Treasurer, on or before the 10th day of May instant, but has since made return, and paid the amount by him received, into the Treasury; Resolved, that the said Nathan Preston, be, and he is hereby appointed Jus- tice of the Peace within and for the county of Litchfield, for the year ensuing; and he is hereby made capable in law, to execute the office of Justice of the Peace in said county, any law to the contrary notwithstanding.

This Assembly do appoint Stephen T. Hosmer, Alexander Wolcott, Matthew T. Russell, Ebenezer Sage, John Pratt, Isaac Gridley, Josiah Savage, Joshua Stow, Eli Coe, James Hart, Josiah Sage, George W. Stanley, Thomas Mather, Simon Shaylor, Joseph Scovill, David Spencer, Calvin Brainard, Samuel Arnold, He- zekiah Brainard, Jonathan Burr, Daniel Shepard, Benjamin Hurd, Ralph Smith, George White, Sparrow Smith, Amasa Daniels Junr., Samuel Hall, Philip Sage, Worthington G. Chauncey, Samuel Tibbills, Jesse Atwell, Timothy Coe Junr, Willliam S. Camp, John Brainard, Josiah Griffin, William Cone, Isaac Chap- man, Isaac Chester, William Hungerford, Russell Dutton, William Gelston, Oliver Green, Robert Russell, Aaron C. Palmer, William Carter, Austin Olcott, David Kelsey, Jared Elliott, Jedediah Harris, Benjamin Hurd, David Griswold, Benjamin Hill, George Carter, Abiel A. Loomis, William Lynde, Richard W. Hart, Rufus Clark, Joel Pratt, Ebenezer Hayden, Clark Nott, John Stannard, Samuel Hough, Reynold Webb, Gurdon Smith, Jedediah Post, Samuel Jones, Samuel Ingham, Bani Denison, [and] George Pratt, Esquire[s], Justice[s] of the Peace for the county of Middlesex, for the year ensuing. Whereas Daniel J. Griswold, Esquire, a Justice of the Peace for Middlesex county, neglected, by mistake, to make return of state duties, by the time required by law, but has since made his return, and settled with the Treasurer; This Assembly do, therefore, appoint the said Daniel J. Griswold, a Justice of the Peace for the county of Middlesex, for the year ensuing; with full powers to execute the duties of said office, any law to the contrary notwithstanding. 152 PUBLIC RECORDS May,

The Assembly do appoint Jonathan Barnes, Calvin Willey, Ashbel Chap- man, Eliphalet Young, Jeremiah Parish, Jabez L. White, John Ruggles, Noah Strong, Nathan Howard, Elisha Edgerton, Isaiah Daggett, Zelotes Long, Ce- phas Brigham, Stephen Hosmer, Asa Willey, Robert Hyde, Nathan Johnson, Jacob Ladd, Sylvester Gilbert, John S. Peters, Stuart Beebe, Payton R. Gilbert, Andrew Mann, Leonard Hendee, William Brown, Levi Waldo, Solomon L. Fuller, Calvin Pitkin, Walter R. Kibbe, Benning Mann, Rodolphus Woodruff, Nathan Bartlett, Amos Harvey, William Field, Aaron Parkiss, William Foster, Ingoldsby W. Crawford, Luther Crawford, Lebbeus P. Tinker, Francis McLean, Ebenezer Nash Junr., Zebulon Crocker, Daniel Glazier, Spafford Brigham, [and] Daniel W. Badger, Esquire[s], Justice[s] of the Peace for the county of Tolland, for the year ensuing. Whereas Horatio A. Hamilton, Esquire, a Justice of the Peace within and for the county of Tolland, for the past year, by reason of sickness, omitted to make his return of duties to the Treasurer until after the time prescribed by law, but has since made his return to the Treasurer, and paid said duties; Resolved by this Assembly, that the said Horatio A. Hamilton, be, and he is hereby appointed a Justice of the Peace within and for the county of Tolland, for the year ensuing.

This Assembly do appoint Noah A. Phelps, Esquire, Sheriff of the county of Hartford. This Assembly do appoint Charles H. Pond, Esquire, of Milford, Sheriff of the county of New-Haven. This Assembly do appoint Simeon Smith, Esquire, of New-London, Sheriff of the county of New-London. This Assembly do appoint Friend Starr, Esquire, Sheriff of the county of Fairfield. This Assembly do appoint Edmond Freeman, Esquire, Sheriff of the county of Windham. This Assembly do appoint Moses Seymour Junr. Esquire, Sheriff of the county of Litchfield. This Assembly do appoint John L. Lewis, Esquire, Sheriff of the county of Middlesex. This Assembly do appoint Elijah Johnson, Esquire, Sheriff of the county of Tolland.

This Assembly do appoint Amariah Kibbe, Junr. Esquire, Major General of the second division of the militia of this state; to take rank from May 7th 1822. This Assembly do appoint Nathan Pendleton, Esquire, Brigadier General of the third Brigade of Infantry in this state; to take rank from May 28th 1822. 1822 OF CONNECTICUT 153

This Assembly do appoint Daniel F. Hibbard, Esquire, Brigadier General of the fifth Brigade of Infantry in this state; to take rank from May 21st 1822. This Assembly do appoint Ireneus Brown, Esquire, Colonel of the 1st Regi- ment of Infantry in this state; to take rank from May 28th 1822. This Assembly do appoint Edmund Bulkley, Esqr., Colonel of the 6th Regi- ment of Infantry in this state; to take rank from May 23d 1822. This Assembly do appoint William Ingham, Esqr. Colonel of the 7th Regiment of Infantry in this state; to take rank from May 23d 1822. This Assembly do appoint Stephen Billings, Esq., Colonel of the 8th Regiment of Infantry in this state; to take rank from May 28th 1822. This Assembly do appoint Holly Bell, Esquire, Colonel of the 9th Regiment of Infantry in this state; to take rank from May 20th 1822. This Assembly do appoint Isaac Botsford, Esquire, Colonel of the 14th Regi- ment of Infantry in this state; to take rank from May 9th 1822. This Assembly do appoint John L. Andrews, Esqr. Colonel of the 15th Regi- ment of Infantry in this state; to take rank from May 18th 1822. This Assembly do appoint James White, Esquire, Colonel of the 23d Regiment of Infantry in this state; to take rank from May 21st 1822. This Assembly do appoint Richard Wilcox, Esquire, Colonel of the 4th Regi- ment of Cavalry in this state; to take rank from May 30th 1822. This Assembly do appoint John L. Tomlinson, Esqr. Colonel of the 1st Regi- ment of Light Artillery in this state; to take rank from May 30th 1822. This Assembly do appoint Charles S. Phelps, Esquire, Lieut. Col. of the 1st Regiment of Infantry in this state; to take rank from May 28th 1822. This Assembly do appoint Joseph Camp, Esquire, Lieut. Colonel of the 6th Regiment of Infantry in this state; to take rank from May 23d 1822. This Assembly do appoint Aaron Bushnell 2d Esqr. Lieut. Col. of the 7th Regi- ment of Infantry in this state; to take rank from May 27th 1822. This Assembly do appoint John W. Hull, Esqr. Lieut. Colonel of the 8th Regi- ment of Infantry in this state; to take rank from May 28th 1822. This Assembly do appoint Asa Benedict Esqr. Lieut. Colonel of the 9th Regi- ment of Infantry in this state; to take rank from May 20 1822. This Assembly do appoint Walter Johnson, Esqr. Lieut. Col. of the 13th Regi- ment of Infantry in this state; to take rank from May 23d 1822. This Assembly do appoint Joseph Wright, Esquire, Lieut. Colonel of the 14th Regiment of Infantry in this state; to take rank from May 23d 1822. This Assembly do appoint Gerardus Roberts, Esquire, Lieut. colonel of the 15th Regiment of Infantry in this state; to take rank from May 28th 1822. This Assembly do appoint Drayton Jones, Esqr. Lieutenant Colonel of the 21st Regiment of Infantry in this state; to take rank from May 27th 1822. This Assembly do appoint Chester Daggett, Esqr. Lieutenant Colonel of the 23rd Regiment of Infantry in this state; to take rank from May 21st 1822. 154 PUBLIC RECORDS May,

This Assembly do appoint Henry Hazen, Esqr., Lieutenant Colonel of the 2d Regiment of Horse Artillery in this state; to take rank from May 2d 1822. This Assembly do appoint Philos Blake, Esqr. Lieutenant Colonel of the 1st Regiment of Light Artillery in this state; to take rank from May 30th 1822. This Assembly do appoint Daniel Woodruff, Esqr. Lieutenant Colonel of the 2d Regiment of Light Artillery in this state; to take rank from May 30th 1822. This Assembly do appoint Martin Rockwell, Esquire, Major of the 1st Regi- ment of Infantry in this state; to take rank from May 28th 1822. This Assembly do appoint Grindley Harrison, Esquire, Major of the 2d Regi- ment of Infantry in this state; to take rank from May 27th 1822. This Assembly do appoint Joseph Williams, Esquire, Major of the 6th Regi- ment of Infantry in this state; to take rank from May 23d 1822. This Assembly do appoint Selden Huntington, Esquire, Major of the 7th Regi- ment of Infantry in this state; to take rank from May 27th 1822. This Assembly do appoint Joseph D. Mason, Esquire, Major of the 8th Regi- ment of Infantry in this state; to take rank from May 30th 1822. This Assembly do appoint Samuel Close, Esquire, Major of the 9th Regiment of Infantry in this state; to take rank from May 20th 1822. This Assembly do appoint Erastus Smith, Esquire, Major of the 12th Regiment of Infantry in this state; to take rank from May 8th 1822. This Assembly do appoint John Russell Junr. Esquire, Major of the 13th Regi- ment of Infantry in this state; to take rank from May 23d 1822. This Assembly do appoint Chester Grannis, Esquire, Major of the 14th Regi- ment of Infantry in this state; to take rank from May 23d 1822. This Assembly do appoint Reuben Blackman Junr. Esquire, Major of the 15th Regiment of Infantry in this state; to take rank from May 28th 1822. This Assembly do appoint Augustus Coleman, Esquire, Major of the 16th Reg- iment of Infantry in this state; to take rank from May 7th 1822. This Assembly do appoint Eli Hyde, Esquire, Major of the 19th Regiment of Infantry in this state; to take rank from May 21st 1822. This Assembly do appoint Samuel Hurd, Esquire, Major of the 20th Regiment of Infantry in this state; to take rank from May 28th 1822. This Assembly do appoint Augustus T. Pease, Esquire, Major of the 21st Regi- ment of Infantry in this state; to take rank from May 27th 1822. This Assembly do appoint Amos Bugbee, Esquire, Major of the 23d Regiment of Infantry in this state; to take rank from May 21st 1822. This Assembly do appoint Joseph Wheeler, Esquire, Major of the 3d Regiment of Horse Artillery in this state; to take rank from May 30th 1822. This Assembly do appoint Ely A. Elliott, Esquire, Major of the 1st Regiment of Light Artillery in this state; to take rank from May 30th 1822. This Assembly do appoint Ira Sherman, Esquire, Major of the 2d Regiment of Light Artillery in this state; to take rank from May 30th 1822. 1822 OF CONNECTICUT 155

This Assembly do establish Lynds Olmsted, 1st Lieutenant of 1st company of the Governor’s Foot Guards in this state; to take rank from April 1st 1822. This Assembly do appoint [i.e., establish] Nathan Morgan, 2d Lieutenant of the 1st comy. of Governor’s Foot Guards in this state; to take rank from April 1st 1822. This Assembly do establish Thomas D. Gordon, 3d Lieut. of the 1st comy. of Governor’s Foot Guards in this state; to take rank from April 1st 1822. This Assembly do establish Samuel Gray 2d 4th Lieut. of the 1st comy. of Gov- ernor’s Foot Guards in this state; to take rank from April 1st 1822. This Assembly do establish Charles Wells, Ensign of the 1st company of the Governor’s Foot Guards in this state; to take rank from April 1st 1822. This Assembly do establish Samuel Gray 2d 2d Lieut. of the 1st company of the Governor’s Foot Guards in this state; to take rank from May 18th 1822. This Assembly do establish Charles Wells, 3d Lieut. of the 1st company of the Governor’s Foot Guards in this state; to take rank from May 18th 1822. This Assembly do establish Horace Hayes, 4th Lieut. of the 1st company of the Governor’s Foot Guards in this state; to take rank from May 18th 1822. This Assembly do establish William Connor, Ensign of the 1st company of the Governor’s Foot Guards in this state; to take rank from May 18th 1822. This Assembly do establish Joshua Barnes Junr. 2d Lieut. of 2d company of Governor’s Horse Guards in this state; to take rank from February 23d 1822. This Assembly do establish William K. Townsend, cornet of the 2d comy. of Governor’s Horse Guards in this state; to take rank from February 23d 1822. This Assembly do establish Charles B. Grannis, 1st Lieutenant of the 2d comy. of Governor’s Foot Guards in this state, to take rank from April 1st 1822. This Assembly do establish James Augur, 2d Lieutenant of the 2d company of Governor’s Foot Guards in this state; to take rank from April 1st 1822. This Assembly do establish William W. Boardman, 3d Lieut. of the 2d comy. of Governor’s Foot Guards in this state; to take rank from April 1st 1822. This Assembly do establish Eli W. Blake, 4th Lieutenant of the 2d company of Governor’s Foot Guards in this state; to take rank from April 1st 1822. This Assembly do establish Elisha Dickerman Junr. Ensign of the 2d comy. of Governor’s Foot Guards in this state to take rank from April 1st 1822.

This Assembly do establish William Taylor, Lieutenant of the 2d flank comy. of the 1st Regiment of Infantry in this state; to take rank from August 15th 1821. This Assembly do establish Ralph Steele, Ensign of the 2d flank comy. of the 1st Regiment of Infantry in this state; to take rank from August 15th 1821. This Assembly do establish Enoch Powers, captain of the 2d company of Rifle- men annexed to the 1st Regiment of Infantry in this state; to take rank from August 22d 1821. 156 PUBLIC RECORDS May,

This Assembly do establish Thomas Roberts, Lieutenant of the 2d company of Riflemen annexed to the 1st Regiment of Infantry in this state; to take rank from August 22d 1821. This Assembly do establish Thomas Cooley, Ensign of the 2d company of Rifelmen annexed to the 1st Regiment of Infantry in this state; to take rank from August 22d 1821. This Assembly do establish Samuel L. Pitkin, Ensign of the 4th comy. of the 1st Regiment of Infantry in this state; to take rank from May 4th 1822. This Assembly do establish Anson Bissell, Lieutenant of the 7th company of the 1st Regiment of Infantry in this state; to take rank from May 11th 1822. This Assembly do establish James Allen, Ensign of the 7th company of the 1st Regiment of Infantry in this state; to take rank from May 11th 1822. This Assembly do establish George I. Whiting, captain of the 2d flank comy. of the 2d Regiment of Infantry in this state; to take rank from June 5th 1821. This Assembly do establish Philip S. Galpin, Lieut. of the 2d flank comy. of the 2d Regiment of Infantry in this state; to take rank from June 5th 1821. This Assembly do establish Charles Nicholl, Ensign of the 2d flank comy. of the 2d Regiment of Infantry in this state; to take rank from April 15th 1822. This Assembly do establish Eber K. Potter, captain of the 1st company of the 2d Regiment of Infantry in this state; to take rank from September 18th 1821. This Assembly do establish Leman Chatfield, Lieut. of the 1st comy. of the 2d Regiment of Infantry in this state; to take rank from September 18th 1821. This Assembly do establish Joseph Barber, Ensign of the 1st comy. of the 2d Regiment of Infantry in this state; to take rank from Sept. 18th 1821. This Assembly do establish William Plate, capt. of the 1st flank comy. of the 2d Regiment of Infantry in this state; to take rank from September 18th 1821. This Assembly do establish Theophilus Smith, Lieut. of the 1st flank comy. of the 2d Regiment of Infantry in this state; to take rank from September 18th 1821. This Assembly do establish Curtis Summers, Ensign of the 1st flank comy. of the 2d Regiment of Infantry in this state; to take rank from September 18th 1821. This Assembly do establish Joseph Wilson, Captain of 2d company of the 2d Regiment of Infantry in this state; to take rank from August 14th 1821. This Assembly do establish Cornelius B. Peck, Lieut. of the 2d company of the 2d Regiment of Infantry in this state; to take rank from August 14th 1821. This Assembly do establish Nathan Gunn, Ensign of the 2d company of the 2d Regiment of Infantry in this state; to take rank from August 14th 1821. This Assembly do appoint [i.e., establish] William A. Bronson, Ensign of the 3d comy. of the 2d Regiment of Infantry in this state; to take rank from December 12th 1821. This Assembly do establish Isaac White, Captain of the 4th company of the 2d Regiment of Infantry in this state; to take rank from April 18th 1822. 1822 OF CONNECTICUT 157

This Assembly do establish Ebenezer Fisher, Lieutenant of the 4th company of the 2d Regiment of Infantry in this state; to take rank from April 18th 1822. This Assembly do establish Samuel Sherwood Junr. Ensign of the 4th comy. of the 2d Regiment of Infantry in this state; to take rank from April 18th 1822. This Assembly do establish Reuben Lum Junr. Ensign of the 7th company of the 2d Regiment of Infantry in this state; to take rank from July 5th 1821. This Assembly do establish Calvin Spencer, captain of the 4th company of the 3d Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Daniel Watrous, Lieut. of the 4th company of the 3d Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish James Rogers Junr. Ensign of the 4th comy. of the 3d Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Daniel Byrne, captain of the 5th company of the 3d Regiment of Infantry in this state; to take rank from June 15th 1821. This Assembly do establish Richard Chapel Junr. Lieut. of the 5th company of the 3d Regiment of Infantry in this state; to take rank from June 15th 1821. This Assembly do establish Menasseh M. Leech, Ensign of the 5th comy. of the 3d Regiment of Infantry in this state; to take rank from June 15th 1821. This Assembly do establish Henry Sherwood, Capt. of the 2d flank company of the 4th Regiment of Infantry in this state; to take rank from August 11th 1821. This Assembly do establish Charles Perry, Lieut. of the 2d flank company of the 4th Regiment of Infantry in this state; to take rank from August 11th 1821. This Assembly do establish Charles Bennett, Ensign of the 2d flank company of the 4th Regiment of Infantry in this state; to take rank from August 11th 1821. This Assembly do establish Eliphalet Banks, Ensign of the 5th company of the 4th Regiment of Infantry in this state; to take rank from August 30th 1821. This Assembly do establish Eliphalet Banks, captain of the 5th comy. of the 4th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Morris Alvord, Lieutenant of the 5th company of the 4th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Elijah Banks, Ensign of the 5th company of the 4th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Solomon Curtiss Junr. captain of the 6th company of the 4th Regiment of Infantry in this state; to take rank from May 10th 1822. This Assembly do establish Stephen Wells, Lieutenant of the 6th company of the 4th Regiment of Infantry in this state; to take rank from May 10th 1822. This Assembly do establish Charles Gilbert, Ensign of the 6th company of the 4th Regiment of Infantry in this state; to take rank from May 10th 1822. This Assembly do establish Ebenezer Sanger, capt. of the Light Infantry comy. of the 5th Regiment of Infantry in this state; to take rank from April 9th 1822. This Assembly do establish Stephen Coit, Lieut. of the Light Infantry comy. of the 5th Regiment of Infantry in this state; to take rank from April 9th 1822. 158 PUBLIC RECORDS May,

This Assembly do establish Samuel Stevens, Ensign of the Light Infantry comy. of the 5th Regiment of Infantry in this state; to take rank from April 9th 1822. This Assembly do establish Ebenezer M. Johnson, Lieutenant of the comy. of the Riflemen annexed to the 5th Regiment of Infantry in this state; to take rank from April 27th 1822. This Assembly do establish Augustus Prior, Ensign of the company of Rifle- men, annexed to the 5th Regiment of Infantry in this state; to take rank from April 27th 1822. This Assembly do establish Thomas Kenyon, Lieut. of the 2d comy. of the 5th Regiment of Infantry in this state; to take rank from March 30th 1822. This Assembly do establish Benjamin Crary, Ensign of the 2d comy. of the 5th Regiment of Infantry in this state; to take rank from March 30th 1822. This Assembly do establish William Shepard, captain of the 2d comy. of the 5th Regiment of Infantry in this state; to take rank from April 9th 1822. This Assembly do establish Jonas Herrick, captain of the 5th comy. of the 5th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish John Kingsley, Lieutenant of the 5th comy. of the 5th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish Joseph Bond, Ensign of the 5th company of the 5th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish Jesse Burnham, Lieutenant of the 6th company of the 5th Regiment of Infantry in this state; to take rank from August 23d 1821. This Assembly do establish Samuel Fuller, Ensign of the 6th company of the 5th Regiment of Infantry in this state; to take rank from August 23d 1821. This Assembly do establish Jesse Burnham, Captain of the 6th company of the 5th Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Samuel Fuller, Lieutenant of the 6th company of the 5th Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Warren W. Abbott, Ensign of the 6th company of the 5th Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Earle Cooley, Ensign of the 1st flank comy. of the 6th Regiment of Infantry in this state; to take rank from April 25th 1822. This Assembly do establish Samuel Galpin, captain of the 2d flank comy. of the 6th Regiment of Infantry in this state; to take rank from April 16th 1822. This Assembly do establish Joshua Goodrich, Lieut. of the 2d flank company of the 6th Regiment of Infantry in this state; to take rank from April 16th 1822. This Assembly do establish Martin Robbins, Ensign of the 2d flank comy. of the 6th Regiment of Infantry in this state; to take rank from April 16th 1822. This Assembly do establish John C. Pratt, captain of the 1st company of Rifle- men annexed to the 6th Regiment of Infantry in this state; to take rank from March 9th 1822. 1822 OF CONNECTICUT 159

This Assembly do establish James Tibbals, Lieutenant of the 1st company of Riflemen annexed to the 6th Regiment of Infantry in this state; to take rank from March 9th 1822. This Assembly do establish Stephen Harding, Ensign of the 1st company of Riflemen annexed to the 6th Regiment of Infantry in this state; to take rank from May 14th 1822. This Assembly do establish Grove Hollister, Ensign of the 2d company of Ri- flemen annexed to the 6th Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Morris Bailey, Captain of the 4th company of Ri- flemen annexed to the 6th Regiment of Infantry in this state; to take rank from August 30th 1821. This Assembly do establish Hiram Woodruff, Lieutenant of the 4th comy. of Riflemen annexed to the 6th Regiment of Infantry in this state; to take rank from August 30th 1821. This Assembly do establish Joel Hayden, Ensign of the 4th company of Rifle- men annexed to the 6th Regiment of Infantry in this state; to take rank from August 30th 1821. This Assembly do establish Ozias Camp Junr. captain of the 5th comy. of Rifle- men annexed to the 6th Regiment of Infantry in this state; to take rank from August 3d, 1821. This Assembly do establish Harry Strong, Lieutenant of the 5th company of Riflemen annexed to the 6th Regiment of Infantry in this state; to take rank from August 3d 1821. This Assembly do establish Phineas Parmele, Ensign of the 5th comy. of Rifle- men annexed to the 6th Regiment of Infantry in this state; to take rank from August 3d 1821. This Assembly do establish Harry Strong, Ensign of the 5th company of Rifle- men annexed to the 6th Regiment of Infantry in this state; to take rank from September 10th 1821. This Assembly do establish Horace Clark, Captain of the 2d company of the 6th Regiment of Infantry in this state; to take rank from September 8th 1821. This Assembly do establish John O. Hayden, Lieutenant of the 2d comy. of the 6th Regiment of Infantry in this state; to take rank from Sept. 8th 1821. This Assembly do establish Augustus Burnham, Ensign of 2d comy. of the 6th Regiment of Infantry in this state; to take rank from September 8th 1821. This Assembly do establish Chauncey Turner, captain of the 3d company of the 6th Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Jared Wells, Lieutenant of the 3d company of the 6th Regiment of Infantry in this state; to take rank from May 15th 1822. This Assembly do establish George Hale, Ensign of the 3d company of the 6th Regiment of Infantry in this state; to take rank from May 15th 1822. 160 PUBLIC RECORDS May,

This Assembly do establish William Butler, captain of the 4th comy. of the 6th Regiment of Infantry in this state; to take rank from April 30th 1822. This Assembly do establish Thomas Danforth Junr. Lieut. of the 4th comy. of the 6th Regiment of Infantry in this state; to take rank from April 30th 1822. This Assembly do establish Walter W. Bulkley, Ensign of the 4th comy. of the 6th Regiment of Infantry in this state; to take rank from April 30th 1822. This Assembly do establish Ebenezer G. Hubbard, captain of the 6th comy. of the 6th Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Spicer Leonard, Lieut. of the 6th comy. of 6th Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Jedediah Johnson, Ensign of the 6th comy. of the 6th Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Asahel Hollister, captain of the 7th comy. of the 6th Regiment of Infantry in this state; to take rank from April 18th 1822. This Assembly do establish Sylvester Blish, Lieutenant of the 7th comy. of the 6th Regiment of Infantry in this state; to take rank from April 18th 1822. This Assembly do establish Chauncey Goodale, Ensign of the 7th comy. of the 6th Regiment of Infantry in this state; to take rank from April 18th 1822. This Assembly do establish Elihu Coe, captain of the 9th comy. of the 6th Regiment of Infantry in this state; to take rank from May 28th 1821. This Assembly do establish Levi Coe, Lieutenant of the 9th comy. of the 6th Regiment of Infantry in this state; to take rank from May 28th 1821. This Assembly do establish Curtis Coe, Ensign of the 9th company of the 6th Regiment of Infantry in this state; to take rank from May 28th 1821. This Assembly do establish Charles Stevens, Capt. of the 1st flank company of the 7th Regiment of Infantry in this state; to take rank from January 18th 1822. This Assembly do establish Martin Griswold, Lieut. of the 1st flank comy. of the 7th Regiment of Infantry in this state; to take rank from February 20th 1822. This Assembly do establish Buckminster B. Elderkin, Ensign of the 1st flank comy. of the 7th Regiment of Infantry in this state; to take rank from Febru- ary 20th 1822. This Assembly do establish Zina Jones, captain of the 3d flank company of the 7th Regiment of Infantry in this state; to take rank from May 7th 1822. This Assembly do establish Charles U. Hayden, Lieut. of the 3d flank comy. of the 7th Regiment of Infantry in this state; to take rank from May 7th 1822. This Assembly do establish Noah P. Post, Ensign of the 3d flank comy. of the 7th Regiment of Infantry in this state; to take rank from May 7th 1822. This Assembly do establish Wyllys D. Kelsey, Ensign of the 3d company of the 7th Regiment of Infantry in this state; to take rank from April 24th 1822. This Assembly do establish Asher Robinson, captain of the 4th company of the 7th Regiment of Infantry in this state; to take rank from May 3d 1822. 1822 OF CONNECTICUT 161

This Assembly do establish Jesse Sknerles (?), Lieutenant of the 4th company of the 7th Regiment of Infantry in this state; to take rank from May 3d 1822. This Assembly do establish Henry Scranton, Ensign of the 4th comy. of the 7th Regiment of Infantry in this state; to take rank from May 3d 1822. This Assembly do establish George W. Warner, Ensign of the 7th comy. of the 7th Regiment of Infantry in this state; to take rank from August 14th 1821. This Assembly do establish Roswell Packer, Captain of the 2d comy. of the 8th Regiment of Infantry in this state; to take rank from April 3d 1822. This Assembly do establish Sanford Morgan, Lieut. of the 2d comy. of the 8th Regiment of Infantry in this state; to take rank from April 3d 1822. This Assembly do establish Asa P. Edgcomb, Ensign of the 2d comy. of the 8th Regiment of Infantry in this state; to take rank from April 3d 1822. This Assembly do establish Samuel H. Prentice, Ensign of the 3d comy. of the 8th Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Joseph Frink, Captain of the 6th comy. of the 8th Regiment of Infantry in this state; to take rank from August 22d 1821. This Assembly do establish John Breed, Lieutenant of the 6th comy. of the 8th Regiment of Infantry in this state; to take rank from Sept. 3d 1821. This Assembly do establish Cyrus Wheeler, Ensign of the 7th company of the 8th Regiment of Infantry in this state; to take rank from December 24, 1821. This Assembly do establish William W. Holly, Lieutenant of the 1st comy. of the 9th Regiment of Infantry in this state; to take rank from January 3d 1822. This Assembly do establish Stephen B. Provost, Ensign of the 1st comy. of the 9th Regiment of Infantry in this state; to take rank from January 3d 1822. This Assembly do establish Drake Mead, Lieutenant of the 2d comy. of the 9th Regiment of Infantry in this state; to take rank from March 30th 1822. This Assembly do establish Isaac Lyon, Ensign of the 2d company of the 9th Regiment of Infantry in this state; to take rank from March 30th 1822. This Assembly do establish Daniel Youngs, Ensign of the 7th comy. of the 9th Regiment of Infantry in this state; to take rank from May 20th 1822. This Assembly do establish Joel Parmele, capt. of the 1st flank comy. of the 10th Regiment of Infantry in this state; to take rank from Augt. 20 1821. This Assembly do establish George Hart, Lieut. of the 1st flank comy. of the 10th Regiment of Infantry in this state; to take rank from August 20 1821. This Assembly do establish Samuel Fowler Junr. Ensign of the 1st flank comy. of the 10th Regiment of Infantry in this state; to take rank from August 20 1821. This Assembly do establish Samuel Scranton, Ensign of the 1st comy. of the 10th Regiment of Infantry in this state; to take rank from Nov. 10th 1821. This Assembly do establish William Mix, captain of the 2d comy. of the 10th Regiment of Infantry in this state; to take rank from August 17th 1821. This Assembly do establish Abner Hall, Lieut. of the 2d company of the 10th Regiment of Infantry in this state; to take rank from August 17 1821. 162 PUBLIC RECORDS May,

This Assembly do establish Merlin Jones, Ensign of the 2d company of the 10th Regiment of Infantry in this state; to take rank from August 17th 1821. This Assembly do establish Malachi S. Tyler, captain of the 6th company of the 10th Regiment of Infantry in this state; to take rank from June 15th 1821. This Assembly do establish Anson Baldwin, Lieut. of the 6th Secretary Clin- ton of the 10th Regiment of Infantry in this state; to take rank from June 15th 1821. This Assembly do establish Rufus Rogers, Ensign of the 6th company of the 10th Regiment of Infantry in this state; to take rank from June 15th 1821. This Assembly do establish Nehemiah Fox, capt. of the 1st flank company of the 11th Regiment of Infantry in this state; to take rank from April 10th 1822. This Assembly do establish Samuel Reynolds, Lieut. of the 1st flank comy. of the 11th Regiment of Infantry in this state; to take rank from April 10th 1822. This Assembly do establish Abel Corbin, Ensign of the 1st flank comy. of the 11th Regiment of Infantry in this state; to take rank from April 10th 1822. This Assembly do establish Asa Alexander, capt. of the 3d company of the 11th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish Dan Cutler, Lieutenant of the 3d company of the 11th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish Otis Basto, Ensign of the 3d company of the 11th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish Nathaniel Jones, captain of the 5th comy. of the 11th Regiment of Infantry in this state; to take rank from Augt. 23d 1821. This Assembly do establish Nathaniel Child, Lieut. of the 5th comy. of the 11th Regiment of Infantry in this state; to take rank from Augt. 23d 1821. This Assembly do establish George Goodale, Ensign of the 5th comy. of the 11th Regiment of Infantry in this state; to take rank from Augt. 23d 1821. This Assembly do establish Archilus W. Upham, Capt. of the 9th comy. of the 11th Regiment of Infantry in this state; to take rank from September 4th 1821. This Assembly do establish Stephen C. Johnson, Lieut. of the 9th comy. of the 11th Regiment of Infantry in this state; to take rank from September 4, 1821. This Assembly do establish Noadiah Wellington, Ensign of the 9th comy. of the 11th Regiment of Infantry in this state; to take rank from Sept. 4th 1821. This Assembly do establish Anson Bradley, Ensign of the 2d flank comy. of the 12th Regiment of Infantry in this state; to take rank from April 12th 1822. This Assembly do establish Charles C. Hinman, Ensign of the 2d comy. of the 12th Regiment of Infantry in this state; to take rank from March 21st 1822. This Assembly do establish Jonathan Baldwin, Lieut. of the 3d comy. of the 12th Regiment of Infantry in this state to take rank from April 6th 1822. This Assembly do establish Samuel Jackson, Ensign of the 3d comy. of the 12th Regiment of Infantry in this state; to take rank from April 6th 1822. 1822 OF CONNECTICUT 163

This Assembly do establish Isaac B. Castle, Captain of the 4th company of the 12th Regiment of Infantry in this state; to take rank from April 4th 1822. This Assembly do establish Eleazer S. Woodruff, Lieut. of the 4th comy. of the 12th Regiment of Infantry in this state; to take rank from April 4th 1822. This Assembly do establish Merit W. Barns, Ensign of the 4th comy. of the 12th Regiment of Infantry in this state; to take rank from April 4th 1822. This Assembly do establish Gason Gibson, captain of the 5th comy. of the 12th Regiment of Infantry in this state; to take rank from March 25th 1822. This Assembly do establish Ithiel Hickox, Lieutenant of the 5th comy. of the 12th Regiment of Infantry in this state; to take rank from March 25 1822. This Assembly do establish Daniel B. Calhoun, Ensign of the 5th comy. of the 12th Regiment of Infantry in this state; to take rank from March 25 1822. This Assembly do establish Christopher Allen, Lieut. of the 6th com. of the 12th Regiment of Infantry in this state; to take rank from August 4th 1821. This Assembly do establish Nathan Kingsley, Ensign of the 6th comy. of the 12th Regiment of Infantry in this state; to take rank from August 4 1821. This Assembly do establish Joseph T. Lewis, capt. of the 7th comy. of the 12th Regiment of Infantry in this state; to take rank from March 6th 1822. This Assembly do establish Charles Trowbridge, Lieut. of the 7th comy. of the 12th Regiment of Infantry in this state; to take rank from March 6th 1822. This Assembly do establish James Wakelee, Ensign of the 7th company of the 12th Regiment of Infantry in this state; to take rank from March 6th 1822. This Assembly do establish Charles Trowbridge, Lieutenant of the 7th comy. of the 12th Regiment of Infantry in this state; to take rank from April 22d 1822. This Assembly do establish James Wakelee, Ensign of the 7th company of the 12th Regiment of Infantry in this state; to take rank from April 22d 1822. This Assembly do establish Jared Bronson, captain of the 8th company of the 12th Regiment of Infantry in this state; to take rank from May 13th 1822. This Assembly do establish Harris Smith, Lieutenant of the 8th comy. of the 12th Regiment of Infantry in this state; to take rank from May 13th 1822. This Assembly do establish Chester Riggs, Ensign of the 8th comy. of the 12th Regiment of Infantry in this state; to take rank from May 13th 1822. This Assembly do establish Frederick J. Fenn, Lieut. of the 1st flank comy. of the 13th Regiment of Infantry in this state; to take rank from April 15th 1822. This Assembly do establish Hiram Holcomb, Ensign of the 1st flank comy. of the 13th Regiment of Infantry in this state; to take rank from April 15th 1822. This Assembly do establish John Isham 2d Captain of the 1st company of the 13th Regiment of Infantry of this state; to take rank from Sept. 5th, 1821. This Assembly do establish Sherman H. Rose, Lieut. of the 1st company of the 13th Regiment of Infantry in this state; to take rank from September 5th 1821. 164 PUBLIC RECORDS May,

This Assembly do establish Hawley Dunning, Ensign of the 1st comy. of the 13th Regiment of Infantry in this state; to take rank from Sept. 5th 1821. This Assembly do establish John R. Fuller, captain of the 2d comy. of the 13th Regiment of Infantry in this state; to take rank from April 3d 1822. This Assembly do establish Hiram Converse, Lieut. of the 2d comy. of the 13th Regiment of Infantry in this state; to take rank from April 3d 1822. This Assembly do establish John Smith 2d Ensign of the 2d comy. of the 13th Regiment of Infantry in this state; to take rank from April 3d 1822. This Assembly do establish Simeon Lyman, Lieut. of the 3d company of the 13th Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Daniel St. John Ensign of the 3d comy. of the 13th Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Andrew Sardan, Ensign of the 4th comy. of the 13th Regiment of Infantry in this state; to take rank from April 12th 1822. This Assembly do establish Daniel L. Rogers, Ensign of the 5th comy. of the 13th Regiment of Infantry in this state; [to] take rank from September 15th 1821. This Assembly do establish Daniel L. Rogers, Lieutenant of the 5th comy. of the 13th Regiment of Infantry in this state; to take rank from April 15th 1822. This Assembly do establish Anson Rogers, Ensign of the 5th comy. of the 13th Regiment of Infantry in this state; to take rank from April 15th 1822. This Assembly do establish Charles Hollabird, Lieut. of the 6th comy. of the 13th Regiment of Infantry in this state; to take rank from August 28th 1821. This Assembly do establish Chauncey Bunce, Ensign of the 6th company of the 13th Regiment of Infantry in this state; to take rank from August 28th 1821. This Assembly do establish Gamaliel Everett, captain of the 8th comy. of the 13th Regiment of Infantry in this state; to take rank from April 22d 1822. This Assembly do establish Joseph Lord, Lieutenant of the 8th comy. of the 13th Regiment of Infantry in this state; to take rank from April 22d 1822. This Assembly do establish Ephraim Lord, Ensign of the 8th comy. of the 13th Regiment of Infantry in this state; to take rank from April 22d 1822. This Assembly do establish Albert Norton, captain of the 2d comy. of the 14th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Cyprian Goodrich, Lieutenant of the 2d comy. of the 14th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish John Lee Junr. Ensign of the 2d comy. of the 14th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Leicester Carrington, capt of the 4th comy. of the 14th Regiment of Infantry in this state; to take rank from July 27th 1821. This Assembly do establish Rollin Atkins, Lieutenant of the 4th comy. of the 14th Regiment of Infantry in this state; to take rank from July 27th 1821. 1822 OF CONNECTICUT 165

This Assembly do establish Titus M. Roberts, Ensign of the 4th company of the 14th Regiment of Infantry in this state; to take rank from July 27th 1821. This Assembly do establish Hezekiah Selden, captain of the 6th company of the 14th Regiment of Infantry in this state; to take rank from May 4th 1822. This Assembly do establish Sylvester Goodman, Lieut. of the 6th company of the 14th Regiment of Infantry in this state; to take rank from May 4th 1822. This Assembly do establish Solomon S. Flagg, Ensign of the 6th comy. of the 14th Regiment of Infantry in this state; to take rank from May 4th 1822. This Assembly do establish Francis Woodruff, Captain of the 7th comy. of the 14th Regiment of Infantry in this state; to take rank from April 18th 1822. This Assembly do establish Francis Woodford, Lieutenant of the 7th comy. of the 14th Regiment of Infantry in this state; to take rank from April 18th 1822. This Assembly do establish Romanta Woodruff, Ensign of the 7th comy. of the 14th Regiment of Infantry in this state; to take rank from April 18th 1822. This Assembly do establish Elijah Botsford, Ensign of the 1st flank comy. of the 15th Regiment of Infantry in this state; to take rank from May 4th 1822. This Assembly do establish Elijah B. Noble, Ensign of the 2d comy. of the 15th Regiment of Infantry in this state; to take rank from August 18 1821. This Assembly do establish Stanley Lockwood, Lieutenant of the 2d comy. of the 15th Regiment of Infantry in this state; to take rank from January 10th 1822. This Assembly do establish Philo Baldwin captain of the 3d company of the 15th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish John Glover Junr. Lieutenant of the 3d comy. of the 15th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Timothy A. Benedict, captain of the 4th comy. of the 15th Regiment of Infantry in this state; to take rank from March 12th 1822. This Assembly do establish Asel Beebe, Lieutenant of the 4th comy. of the 15th Regiment of Infantry in this state; to take rank from March 12 1822. This Assembly do establish Joel Taylor, Ensign of the 4th comy. of the 15th Regiment of Infantry in this state; to take rank from March 12 1822. This Assembly do establish Nathan Treadwell, captain of the 5th comy. of the 15th Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Amri Rogers, Lieutenant of the 5th comy. of the 15th Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Lewis Beardley, Ensign of the 5th comy. of the 15th Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Cyrus E. Hungerford, Lieut. of the 7th comy. of the 15th Regiment of Infantry in this state; to take rank from Augt. 27 1821. This Assembly do establish Isaac Northrop, Ensign of the 7th comy. of the 15th Regiment of Infantry in this state; to take rank from August 27 1821. This Assembly do establish Samuel P. Bolles, Ensign of the 1st comy. of the 16th Regiment of Infantry in this state; to take rank from April 8th 1822. 166 PUBLIC RECORDS May,

This Assembly do establish Andrew Buell, Capt. of the 1st comy. of the 16th Regiment of Infantry in this state; to take rank from May 16th 1822. This Assembly do establish Samuel P. Bolles, Lieut. of the first comy. of the 16th Regiment of Infantry in this state; to take rank from May 16 1822. This Assembly do establish David C. Sanford, Ensign of the 1st comy. of the 16th Regiment of Infantry in this state; to take rank from May 16 1822. This Assembly do establish Willard Gaylord, Ensign of the 2d comy. of the 16th Regiment of Infantry in this state; to take rank from April 11th 1822. This Assembly do establish Johnson Cleavland, Lieut. of the 3d comy. of the 16th Regiment of Infantry in this state; to take rank from August 24th 1821. This Assembly do establish Norman Wilson, Ensign of the 3d comy. of the 16th Regiment of Infantry in this state; to take rank from August 24th 1821. This Assembly do establish Joseph A. Tanner, Captain of the 8th comy. of the 16th Regiment of Infantry in this state; to take rank from May 11th 1822. This Assembly do establish Russell Carter, Lieutenant of the 8th cmy of the 16th Regiment of Infantry in this state; to take rank from May 11th 1822. This Assembly do establish Darius Webb, Ensign of the 8th comy. of the 16th Regiment of Infantry in this state; to take rank from May 11th 1822. This Assembly do establish John S. Harrison, Ensign of the 9th company of the 16th Regiment of Infantry in this state; to take rank from April 25th 1822. This Assembly do establish Gift W. Adams, capt. of the 2d flank company of the 17th Regiment of Infantry in this state; to take rank from May 11th 1822. This Assembly do establish Roland Hayes, Lieut. of the 2d flank company of the 17th Regiment of Infantry in this state; to take rank from May 11th 1822. This Assembly do establish Chester Hayes, Ensign of the 2d flank comy. of the 17th Regiment of Infantry in this state; to take rank from May 11th 1822. This Assembly do establish Charles I. Hillyer, Lieutenant of the 4th company of the 17th Regiment of Infantry in this state; to take rank from October 13th 1821. This Assembly do establish Virgil Cornish, Ensign of the 4th company of the 17th Regiment of Infantry in this state; to take rank from October 13th 1821. This Assembly do establish Lansel Foot, captain of the 5th company of the 17th Regiment of Infantry in this state; to take rank from August 10th 1821. This Assembly do establish Chauncey Moses, Lieutenant of the 5th comy. of the 17th Regiment of Infantry in this state; to take rank from August 10th 1821. This Assembly do establish Noadiah Case, Ensign of the 5th comy. of the 17th Regiment of Infantry in this state; to take rank from August 10th 1821. This Assembly do establish Noadiah Case, captain of the 5th company of the 17th Regiment of Infantry in this state; to take rank from May 17th 1822. This Assembly do establish Zenas Dyer, Lieut. of the 5th company of the 17th Regiment of Infantry in this state; to take rank from May 17th 1822. 1822 OF CONNECTICUT 167

This Assembly do establish Luther Higley, Ensign of the 5th company 17th Regt. Infantry in this state to take rank from May 17 1822. This Assembly do establish Hiram Campbell, Lieutenant of the 8th comy. of the 17th Regiment of Infantry in this state; to take rank from August 18th 1821. This Assembly do establish George Viets, Ensign of the 8th company of the 17th Regiment of Infantry in this state; to take rank from August 18th 1821. This Assembly do establish Ansel Humphreys, Ensign of the 9th comy. of the 17th Regiment of Infantry in this state; to take rank from May 17th 1822. This Assembly do establish Dwight R. Tyler, Lieutenant of the company of Riflemen annexed to the 18th Regiment of Infantry in this state; to take rank from November 29th 1821. This Assembly do establish Alfred A. Young, Ensign of the company of Rifle- men annexed to the 18th Regiment of Infantry in this state; to take rank from November 29th 1821. This Assembly do establish Benjamin L’Hommedieu, Capt. of the 1st comy. of the 18th Regiment of Infantry in this state; to take rank from June 8th 1821. This Assembly do establish Samuel Rogers, Ensign of the 1st company of the 18th Regiment of Infantry in this state; to take rank from June 8th 1821. This Assembly do establish Samuel Rogers, Lieut. of the 1st company of the 18th Regiment of Infantry in this state; to take rank from August 23d 1821. This Assembly do establish John Dunham, Ensign of the 1st comy. of the 18th Regiment of Infantry in this state; to take rank from August 23d 1821. This Assembly do establish Henry K. Hewitt, Lieutenant of the 2d comy. of the 18th Regiment of Infantry in this state; to take rank from April 20th 1822. This Assembly do establish John B. Crary, Ensign of the 2d company of the 18th Regiment of Infantry in this state; to take rank from April 20th 1822. This Assembly do establish John Boardman, Lieut. of the 5th company of the 18th Regiment of Infantry in this state; to take rank from April 25th 1822. This Assembly do establish Squier C. Cook, Ensign of the 5th comy. of the 18th Regiment of Infantry in this state; to take rank from April 25th 1822. This Assembly do establish Elisha Warren, Captain of the 6th comy. of the 18th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Joseph B. Hibbard, Lieutenant of the 6th comy. of the 18th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Joshua Burnham, Ensign of the 6th comy. of the 18th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Jabez Gates, Ensign of the 7th company of the 18th Regiment of Infantry in this state; to take rank from June 22d 1821. This Assembly do establish Roswell Bushnell, Ensign of the 7th comy. of the 18th Regiment of Infantry in this state; to take rank from May 13th 1822. This Assembly do establish Seth Washburn, Capt. of the 2d flank comy. of the 19th Regiment of Infantry in this state; to take rank from April 22 1822. 168 PUBLIC RECORDS May,

This Assembly do establish Daniel Blodget, Lieutenant of the 2d flank comy. of the 19th Regiment of Infantry in this state; to take rank from April 22d 1822. This Assembly do establish William Rogers, Ensign of the 2d flank company of the 19th Regiment of Infantry in this state; to take rank from April 22d 1822. This Assembly do establish William Fuller, Lieut. of the 3d flank company of the 19th Regiment of Infantry in this state; to take rank from April 23d 1822. This Assembly do establish Harvey Terry, Captain of the 1st company of the 19th Regiment of Infantry in this state; to take rank from June 12th 1821. This Assembly do establish Jonathan A. Bush, Lieutenant of the 1st company of the 19th Regiment of Infantry in this state; to take rank from June 12th 1821. This Assembly do establish Jonah B. Griswold, Ensign of the 1st comy. of the 19th Regiment of Infantry in this state; to take rank from June 12th 1821. This Assembly do establish Carlos Chapman, Lieutenant of the 2d comy. of the 19th Regiment of Infantry in this state; to take rank from April 24th 1822. This Assembly do establish Oliver Grant, Ensign of the 2d company of the 19th Regiment of Infantry in this state; to take rank from April 24th 1822. This Assembly do establish Silas Kibbe, Captain of the 5th company of the 19th Regiment of Infantry in this state; to take rank from April 23d 1822. This Assembly do establish Cyrus Russell, Lieutenant of the 5th comy. of the 19th Regiment of Infantry in this state; to take rank from April 23d 1822. This Assembly do establish Joseph Fuller Junr. Ensign of the 5th comy. of the 19th Regiment of Infantry in this state; to take rank from April 23d 1822. This Assembly do establish Chester Smith, Lieutenant of the 6th company of the 19th Regiment of Infantry in this state; to take rank from April 24th 1822. This Assembly do establish Joseph Smith, Ensign of the 6th company of the 19th Regiment of Infantry in this state; to take rank from April 24th 1822. This Assembly do establish Nathaniel O. Kellogg, Ensign of the 7th comy. of the 19th Regiment of Infantry in this state; to take rank from April 29th 1822. This Assembly do establish Gurdon Woodworth, captain of the 8th comy. of the 19th Regiment of Infantry in this state; to take rank from April 19th 1822. This Assembly do establish Zina Winter, Lieutenant of the 8th comy. of the 19th Regiment of Infantry in this state; to take rank from April 19th 1822. This Assembly do establish Lemuel Cushman, Ensign of the 8th comy. of the 19th Regiment of Infantry in this state; to take rank from April 19th 1822. This Assembly do establish Wm. W. Campbell, captain of the 1st flank comy. of the 20th Regiment of Infantry in this state; to take rank from April 13th 1822. This Assembly do establish Levi Bunce, Lieut. of the 1st flank comy. of the 20th Regiment of Infantry in this state; to take rank from April 13th 1822. This Assembly do establish Harry Shepard, Ensign of the 1st flank comy. of the 20th Regiment of Infantry in this state; to take rank from April 13th 1822. This Assembly do establish Jehiel Annable, Captain of the 1st company of the 20th Regiment of Infantry in this state; to take rank from February 20th 1822. 1822 OF CONNECTICUT 169

This Assembly do establish Calvin C. Mack, Lieut. of the 1st company of the 20th Regiment of Infantry in this state; to take rank from February 20th 1822. This Assembly do establish William Gelston Junr. Ensign of the 1st comy. of the 20th Regiment of Infantry in this state; to take rank from February 20th 1822. This Assembly do establish Charles T. Isham, Ensign of the 2d comy. of the 20th Regiment of Infantry in this state; to take rank from October 24 1821. This Assembly do establish Nathaniel G. Cone, capt. of the 7th comy. of the 20th Regiment of Infantry in this state; to take rank from August 21st 1821. This Assembly do establish Kellogg Strong, Lieut. of the 7th comy. of the 20th Regiment of Infantry in this state; to take rank from Augt. 21st 1821. This Assembly do establish Bliss Welch, Ensign of the 7th comy. of the 20th Regiment of Infantry in this state; to take rank from August 21 1821. This Assembly do establish John B. Hutchinson, capt. of the 8th comy. of the 20th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish John H. Post, Lieutenant of the 8th comy. of the 20th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish Edmond C. Gear, Ensign of the 8th comy. of the 20th Regiment of Infantry in this state; to take rank from March 29th 1822. This Assembly do establish Pinney North, Ensign of the 1st flank comy. of the 21st Regiment of Infantry in this state; to take rank from March 22d 1822. This Assembly do establish Dorrance Barber, Lieut. of the 1st flank comy. of the 21st Regiment of Infantry in this state; to take rank from April 26th 1822. This Assembly do establish Pitts Goodwin, captain of the 2d flank comy. of the 21st Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Abram Spencer, Lieut. of the 2d flank comy. of the 21st Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish George C. Kellogg, Ensign of the 2d flank comy. of the 21st Regiment of Infantry in this state; to take rank from April 17th 1822. This Assembly do establish Erastus Beman, Captain of the 2d comy. of the 21st Regiment of Infantry in this state; to take rank from March 26th 1822. This Assembly do establish Lester Loomis, Lieut. of the 2d comy. of the 21st Regiment of Infantry in this state; to take rank from March 26th 1822. This Assembly do establish Cephas B. Selden, Ensign of the 2d comy. of the 21st Regiment of Infantry in this state; to take rank from March 26th 1822. This Assembly do establish Benjamin Phelps, Lieut. of the 3d comy. of the 21st Regiment of Infantry in this state; to take rank from September 3d 1821. This Assembly do establish Frederick Phelps, Ensign of the 3d comy. of the 21st Regiment of Infantry in this state; to take rank from September 3d 1821. This Assembly do establish Abiel Case, captain of the 4th company of the 21st Regiment of Infantry in this state; to take rank from July 17th 1821. This Assembly do establish Freeman Merritt, Lieut. of the 4th comy. of the 21st Regiment of Infantry in this state; to take rank from July 17th 1821. 170 PUBLIC RECORDS May,

This Assembly do establish Matthew Allen, Ensign of the 4th comy. of the 21st Regiment of Infantry in this state; to take rank from July 17th 1821. This Assembly do establish Auren Tibballs, Ensign of the 5th comy. of the 21st Regiment of Infantry in this state; to take rank from July 10th 1821. This Assembly do establish Jason C. Kilbourn, Ensign of the 7th comy. of the 21st Regiment of Infantry in this state; to take rank from March 22d 1822. This Assembly do establish Enos P. Root, captain of the 1st flank comy. of the 22d Regiment of Infantry in this state; to take rank from April 13th 1822. This Assembly do establish Chauncey Root, Lieut. of the 1st flank comy. of the 22d Regiment of Infantry in this state; to take rank from April 13th 1822. This Assembly do establish Israel Holmes, Ensign of the 1st flank comy. of the 22d Regiment of Infantry in this state; to take rank from April 13th 1822. This Assembly do establish Marcus Bronson, captain of the 1st comy. of the 22d Regiment of Infantry in this state; to take rank from April 20th 1822. This Assembly do establish Joel Moss, Junr. Ensign of the 2d comy. of the 22d Regiment of Infantry in this state; to take rank from Augt. 14th 1821. This Assembly do establish Moses Pond, captain of the 4th comy. of the 22d Regiment of Infantry in this state; to take rank from September 24th 1821. This Assembly do establish Mark Upson, Lieut. of the 4th comy. of the 22d Regiment of Infantry in this state; to take rank from Sept. 24th 1821. This Assembly do establish David R. Upson, Ensign of the 4th comy. of the 22d Regiment of Infantry in this state; to take rank from Sept. 24th 1821. This Assembly do establish Truman Davis, Captain of the 5th comy. of the 22d Regiment of Infantry in this state; to take rank from March 20th 1822. This Assembly do establish William H. Hine, Lieutenant of the 5th comy. of the 22d Regiment of Infantry in this state; to take rank from March 20th 1822. This Assembly do establish John Hopkins, Ensign of the 5th company of the 22d Regiment of Infantry in this state; to take rank from March 20th 1822. This Assembly do establish Orrin Hotchkiss, captain of the 6th comy. of the 22d Regiment of Infantry in this state; to take rank from May 22d 1821. This Assembly do establish David M. Hotchkiss, Lieut. of the 6th comy. of the 22d Regiment of Infantry in this state; to take rank from May 22d 1821. This Assembly do establish Castle Hotchkiss, Ensign of the 6th comy. of the 22d Regiment of Infantry in this state; to take rank from May 22d 1821. This Assembly do establish Allyn Thomas, Capt. of the 7th comy. of the 22d Regiment of Infantry in this state; to take rank from May 24 1821. This Assembly do establish Alvin Sperry, Lieutenant of the 7th company of the 22d Regiment of Infantry in this state; to take rank from 24th day of May 1821. This Assembly do establish Oliver S. Chatfield, Ensign of the 7th company of the 22d Regiment of Infantry in this state; to take rank from May 24th 1821. 1822 OF CONNECTICUT 171

This Assembly do establish Alva Hovey, Captain of the 1st flank company of the 23d Regiment of Infantry in this state; to take rank from November 8th 1821. This Assembly do establish Jesse Spafford, Lieutenant of the 1st flank comy. of the 23d Regiment of Infantry in this state; to take rank from November 8th 1821. This Assembly do establish Joseph Conant, Ensign of the 1st flank comy. of the 23d Regiment of Infantry in this state; to take rank from November 8th 1821. This Assembly do establish Samuel Collins, Ensign of the 2d flank comy. of the 23d Regiment of Infantry in this state; to take rank from August 24th 1821. This Assembly do establish Chauncey Eells, captain of the 2d company of the 23d Regiment of Infantry in this state; to take rank from April 20th 1822. This Assembly do establish Edward G. Huntington, Ensign of the 2d comy. of the 23d Regiment of Infantry in this state; to take rank from April 20th 1822. This Assembly do establish Eli N. Case, Ensign of the 6th company of the 23d Regiment of Infantry in this state; to take rank from March 27th 1822. This Assembly do establish George Mead, Ensign of the 2d company of the 24th Regiment of Infantry in this state; to take rank from August 18th 1821. This Assembly do establish Edward Couch, Captain of the 3d company of the 24th Regiment of Infantry in this state; to take rank from April 10th 1822. This Assembly do establish Daniel S. Sanford, Lieut. of the 3d company of the 24th Regiment of Infantry in this state; to take rank from April 10th 1822. This Assembly do establish Coates [Cortes?] Marchant, Ensign of the 3d comy. of the 24th Regiment of Infantry in this state; to take rank from April 10th 1822. This Assembly do establish Charles Deforest, Captain of the 4th comy. of the 24th Regiment of Infantry in this state; to take rank from March 13th 1822. This Assembly do establish Stephen Hoyt Junr. Lieut. of the 4th comy. of the 24th Regiment of Infantry in this state; [to] take rank from March 13th 1822. This Assembly do establish Daniel Conly, Ensign of the 4th comy. of the 24th Regiment of Infantry in this state; to take rank from March 13th 1822. This Assembly do establish Gamaliel N. Benedict, Captain of the 6th comy. of the 24th Regiment of Infantry in this state; to take rank from April 9th 1822. This Assembly do establish John Abbott, Lieutenant of the 6th company of the 24th Regiment of Infantry in this state; to take rank from April 9th 1822. This Assembly do establish Coleman Rockwell, Ensign of the 6th company of the 24th Regiment of Infantry in this state; to take rank from April 9th 1822. This Assembly do establish Arza Meeker, Ensign of the 8th company of the 24th Regiment of Infantry in this state; to take rank from April 17th 1822.

This Assembly do establish Joel A. Fuller, 1st Lieutenant of the 1st Troop of the 1st Regiment of Cavalry in this state; to take rank from August 31st 181. 172 PUBLIC RECORDS May,

This Assembly do establish Israel W. Graham, 2d Lieut. of the 1st Troop of the 1st Regiment of Cavalry in this state; to take rank from August 31st 1821. This Assembly do establish Gorham Fuller, 1st Lieut. of the 2d Troop of the 1st Regiment of Cavalry in this state; to take rank from August 31st 1821. This Assembly do establish Justus Talcott Junr. cornet of the 2d Troop of the 1st Regiment of Cavalry in this state; to take rank from August 31st 1821. This Assembly do establish Orin Holt, captain of the 3d Troop of the 1st Regi- ment of Cavalry in this state; to take rank from May 8th 1822. This Assembly do establish John Heath, 1st Lieutenant of the 3d Troop of the 1st Regiment of Cavalry in this state; to take rank May 8th 1822. This Assembly do establish Lyman Colburn, 2d Lieut. of the 3d Troop of the 1st Regiment of Cavalry in this state; to take rank from May 8th 1822. This Assembly do establish Francis Hyde, cornet of the 3d Troop of the 1st Regiment of Cavalry in this state; to take rank from May 8th 1822. This Assembly do establish Jeremy Bliss, captain of the 4th Troop of the 1st Regiment of Cavalry in this state; to take rank from August 3d 1821. This Assembly do establish Jonathan Clark, 1st Lieut. of the 4th Troop of the 1st Regiment of Cavalry in this state; to take rank from August 3d 1821.— This Assembly do establish Solomon Billings Junr. 2d Lieutenant of the 4th Troop of the 1st Regiment of Cavalry in this state; to take rank from August 3d 1821. This Assembly do establish Eli Gowdey, cornet of the 4th Troop of the 1st Regiment of Cavalry in this state; to take rank from August 3d 1821. This Assembly do establish Jonathan Gurley, 1st Lieutenant of the 1st Troop of the 2d Regiment of Cavalry in this state; to take rank from August 10th 1821. This Assembly do establish Joel Searles, 2d Lieutenant of the 1st Troop of the 2d Regiment of Cavalry in this state; [to] take rank from August 10th 1821. This Assembly do establish Stephen S. Barnham, cornet of the 1st Troop of the 2d Regiment of Cavalry in this state; to take rank from August 10th 1821. This Assembly do establish John Kendall Junr. 2d Lieutenant of the 2d Troop of the 2d Regiment of Cavalry in this state; to take rank from September 7th 1821. This Assembly do establish Jonathan Hammett Junr. cornet of the 2d Troop of the 2d Regiment of Cavalry in this state; to take rank from September 7th 1821. This Assembly do establish Gurdon Bailey, 1st Lieutenant of the 3d Troop of the 2d Regiment of Cavalry in this state; to take rank from April 18th 1822. This Assembly do establish Salmon L. Williams, 2d Lieut. of the 3d Troop of the 2d Regiment of Cavalry in this state; to take rank from April 18th 1822. This Assembly do establish Amos Fowler Junr. cornet of the 3d Troop of the 2d Regiment of Cavalry in this state; to take rank from April 19th 1822. 1822 OF CONNECTICUT 173

This Assembly do establish Nathan Williams, Captain of the 4th Troop of the 2d Regiment of Cavalry in this state; to take rank from August 6th 1821. This Assembly do establish Abiel Fox, 1st Lieutenant of the 4th Troop of the 2d Regiment of Cavalry in this state; to take rank from August 6th 1821. This Assembly do establish William Williams, 2d Lieutenant of the 4th troop of the 2d Regiment of Cavalry in this state; to take rank from August 6th 1821. This Assembly do establish Lorin Brown, cornet of the 4th Troop of the 2d Regiment of Cavalry in this state; to take rank from August 6th 1821. This Assembly do establish Norman Kellogg, 1st Lieut. of the 3d Troop of the 3d Regiment of Cavalry in this state; to take rank from August 31st 1821. This Assembly do establish Perry Moore, 2d Lieutenant of the 3d Troop of the 3d Regiment of Cavalry in this state; to take rank from August 31st 1821. This Assembly do establish Lester Newton, cornet of the 3d Troop of the 3d Regiment of Cavalry in this state; to take rank from August 31st 1821. This Assembly do establish Enos Frisbie Junr. 1st Lieutenant of the 4th Troop of the 3d Regiment of Cavalry in this state; to take rank from August 23d 1821. This Assembly do establish Julius Alford, 2d Lieutenant of the 4th Troop of the 3d Regiment of Cavalry in this state; to take rank from August 28th 1821. This Assembly do establish Truman Kellogg, cornet of the 4th Troop of the 3d Regiment of Cavalry in this state; to take rank from August 28th 1821. This Assembly do establish Enos Frisbie Junr. captain of the 4th Troop of the 3d Regiment of Cavalry in this state; to take rank from May 6th 1822. This Assembly do establish Julius Alford, 1st Lieutenant of the 4th Troop of the 3d Regiment of Cavalry in this state; to take rank from May 6th 1822. This Assembly do establish Daniel Lord 2d 2d Lieut. of the 4th Troop of the 3d Regiment of Cavalry in this state; to take rank from May 6th 1822. This Assembly do establish Chester C. Goslee, Cornet of the 4th Troop of the 3d Regiment of Cavalry in this state; to take rank from May 6th 1822. This Assembly do establish Daniel Bacon, captain of the 1st Troop of the 4th Regiment of Cavalry in this state; to take rank from August 21st 1821. This Assembly do establish Noadiah Rockwell Junr. Ist Lieut. of the 1st Troop of the 4th Regiment of Cavalry in this state; to take rank from August 21st 1821. This Assembly do establish John B. Smith, 2d Lieutenant of the 1st Troop of the 4th Regiment of Cavalry in this state; to take rank from August 21st 1821. This Assembly do establish Wm. R. Swathel, cornet of the 1st Troop of the 4th Regiment of Cavalry in this state; to take rank from August 21st 1821. This Assembly do establish Dennis Rich, captain of the 2d Troop of the 4th Regiment of Cavalry in this state; to take rank from April 23d 1822. This Assembly do establish Julius Bristol, 1st Lieutenant of the 2d Troop of the 4th Regiment of Cavalry in this state; to take rank from April 23d 1822. This Assembly do establish Lyman Woodruff, 2d Lieutenant of the 2d Troop of the 4th Regiment of Cavalry in this state; to take rank from April 23d 1822. 174 PUBLIC RECORDS May,

This Assembly do establish Urban Woodruff, cornet of the 2d Troop of the 4th Regiment of Cavalry in this state; to take rank from April 23d 1822. This Assembly do establish Chauncey Rowe, 2d Lieutenant of the 3d Troop of the 4th Regiment of Cavalry in this state; to take rank from April 4th 1822. This Assembly do establish Normand Wilcox, 1st Lieutenant of the 4th Troop of the 4th Regiment of Cavalry in this state; to take rank from August 24th 1821. This Assembly do establish Lowry Robbins, 2d Lieutenant of the 4th Troop of the 4th Regiment of Cavalry in this state; to take rank from August 24th 1821. This Assembly do establish Benjamin Hopkins, cornet of the 4th Troop of the 4th Regiment of Cavalry in this state; to take rank from August 24th 1821. This Assembly do establish Lowry Robbins, captain of the 4th Troop of the 4th Regiment of Cavalry in this state; to take rank from May 23d 1822. This Assembly do establish Benjamin Hopkins, 1st Lieut. of the 4th Troop of the 4th Regiment of Cavalry in this state; to take rank from May 23d 1822. This Assembly do establish John Ellis, 2d Lieutenant of the 4th Troop of the 4th Regiment of Cavalry in this state; to take rank from May 23d 1822. This Assembly do establish Norris Wilcox, cornet of the 4th Troop of the 4th Regiment of Cavalry in this state; to take rank from May 23d 1822. This Assembly do establish Gideon Martin, 1st Lieutenant of the 1st Troop of the 5th Regiment of Cavalry in this state; to take rank from April 22d 1822. This Assembly do establish Nathan Beardslee, 2d Lieut. of the 1st Troop of the 5th Regiment of Cavalry in this state; to take rank from April 22d 1822. This Assembly do establish Samuel S. Weller, cornet of the 1st Troop of the 5th Regiment of Cavalry in this state; to take rank from April 22d 1822. This Assembly do establish Orin Bennett, captain of the 4th Troop of the 5th Regiment of Cavalry in this state; to take rank from August 24th 1821. This Assembly do establish Shubael R. Cushman, 1st Lieut. of the 4th Troop of the 5th Regiment of Cavalry in this state; to take rank from August 24th 1821. This Assembly do establish Dimon Morehouse, 2d Lieut. of the 4th Troop of the 5th Regiment of Cavalry in this state; to take rank from August 24th 1821. This Assembly do establish Elnathan Mitchell, cornet of the 4th Troop of the 5th Regiment of Cavalry in this state; to take rank from August 24th 1821.

This Assembly do establish George Clark, captain of the 4th company of the 1st Regiment of Horse Artillery in this state; to take rank from June 10th 1821. This Assembly do establish Bazaleel J. Meigs, 1st Lieut. of the 4th comy. of the 1st Regiment of Horse Artillery in this state; to take rank from June 10th 1821. This Assembly do establish John Harris, 2d Lieut. of the 4th company of the 1st Regiment of Horse Artillery in this state; to take rank from June 10th 1821. This Assembly do establish John Merrills, cornet of the 4th company of the 1st Regiment of Horse Artillery in this state; to take rank from June 10th 1821. 1822 OF CONNECTICUT 175

This Assembly do establish Bela Robbins, captain of the 1st company of the 2d Regiment of Horse Artillery in this state; to take rank from June 13th 1820. This Assembly do establish Charles Atwood, 1st Lieutenant of the 1st comy. of the 2d Regiment of Horse Artillery in this state; to take rank from June 13th 1820. This Assembly do establish Oliver Warner Junr. 2d Lieut. of the 1st comy. of the 2d Regiment of Horse Artillery in this state; to take rank from June 13th 1820. This Assembly do establish Clark Ransom, 3d Lieut. of the 1st company of the 2d Regiment of Horse Artillery in this state; to take rank from June 13th 1820. This Assembly do establish Joseph Otis, 4th Lieut. of the 1st company of the 2d Regiment of Horse Artillery in this state; to take rank from June 13th 1820. This Assembly do establish Brainard Palmer, cornet of the 1st company of the 2d Regiment of Horse Artillery in this state; to take rank from June 13th 1820. This Assembly do establish Joseph Otis, 3d Lieutenant of the 1st comy. of the 2d Regiment of Horse Artillery in this state; to take rank from May 4th 1821. This Assembly do establish Brainard Palmer, 4th Lieut. of the 1st comy. of the 2d Regiment of Horse Artillery in this state; to take rank from May 4th 1821. This Assembly do establish Jonathan Bigelow, cornet of the 1st comy. of the 2d Regiment of Horse Artillery in this state; to take rank from May 4th 1821. This Assembly do establish Brainard Palmer, 3d Lieutenant of the 1st comy. of the 2d Regiment of Horse Artillery in this state; to take rank from April 19th 1822. This Assembly do establish Henry Bailey, 4th Lieutenant of the 1st comy. of the 2d Regiment of Horse Artillery in this state; to take rank from April 19th 1822. This Assembly do establish Henry Ward, 4th Lieutenant of the 2d company of the 2d Regiment of Horse Artillery in this state, to take rank from April 13th 1822. This Assembly do establish Barnabas Huntington Junr. cornet of the 2d comy. of the 2d Regiment of Horse Artillery in this state; to take rank from April 13th 1822. This Assembly do establish Warren Williams, Captain of the 3d company of the 2d Regiment of Horse Artillery in this state; to take rank from June 11th 1821. This Assembly do establish Charles Prentice, 4th Lieutenant of the 3d comy. of the 2d Regiment of Horse Artillery in this state; to take rank from June 11th 1821. This Assembly do establish Nathan F. Denison, cornet of the 3d company of the 2d Regiment of Horse Artillery in this state; to take rank from June 11th 1821. This Assembly do establish David Baldwin, 4th Lieutenant of the 3d comy. of the 2d Regiment of Horse Artillery in this state; to take rank from March 4th 1822. 176 PUBLIC RECORDS May,

This Assembly do establish David Jennings, 4th Lieutenant of the 3d comy. of the 3d Regiment of Horse Artillery in this state; to take rank from July 12th 1821. This Assembly do establish Daniel Meeker, cornet of the 3d company of the 3d Regiment of Horse Artillery in this state; to take rank from July 12th 1821. This Assembly do establish Lewis Burr, 1st Lieutenant of the 3d company of the 3d Regiment of Horse Artillery in this state; to take rank from Septem- ber 27th 1821. This Assembly do establish James B. Wilson, 2d Lieutenant of the 3d comy. of the 3d Regiment of Horse Artillery in this state; to take rank from Sep- tember 27th 1821. This Assembly do establish David Jennings, 3d Lieutenant of the 3d comy. of the 3d Regiment of Horse Artillery in this state; to take rank from Septem- ber 27th 1821. This Assembly do establish Daniel Meeker, 4th Lieutenant of the 3d comy. of the 3d Regiment of Horse Artillery in this state; to take rank from Septem- ber 27th 1821. This Assembly do establish Bradley Hill, cornet of the 3d company of the 3d Regiment of Horse Artillery in this state; to take rank from September 27 1821.

This Assembly do establish Nathaniel Herrick, captain of the 2d comy. of the 1st Regiment of Light Artillery in this state; to take rank from April 26 1822. This Assembly do establish Eleazer L. Lathrop, 1st Lieutenant of the 2d comy. of the 1st Regiment of Light Artillery in this state; to take rank from April 26 1822. This Assembly do establish William Smith, 2d Lieutenant of the 2d comy. of the 1st Regiment of Light Artillery in this state; to take rank from April 26th 1822. This Assembly do establish Charles Foote, captain of the 5th company of the 1st Regiment of Light Artillery in this state; to take rank from May 4th 1822. This Assembly do establish Albert E. Sherwood, 1st Lieut. of the 5th comy. of the 1st Regiment of Light Artillery in this state; to take rank from May 4th 1822. This Assembly do establish Philip P. Porter, 2d Lieut. of the 5th comy. of the 1st Regiment of Light Artillery in this state; to take rank from May 4th 1822. This Assembly do establish William Burwell, Capt. of the 6th comy. of the 1st Regiment of Light Artillery in this state; to take rank from May 4th 1822. This Assembly do establish Noah S. Barnum, 2d Lieut. of the 5th comy. of the 1st Regiment of Light Artillery in this state; to take rank from May 4th 1822. This Assembly do establish Noah S. Barnum, 1st Lieut. of the 6th comy. of the 1st Regiment of Light Artillery in this state; to take rank from May 18 1822. 1822 OF CONNECTICUT 177

This Assembly do establish Daniel Handford, 2d Lieut. of the 6th comy. of the 1st Regiment of Light Artillery in this state; to take rank from May 18th 1822. This Assembly do establish Charles Hequembourgh, capt. of the 7th comy. of the 1st Regiment of Light Artillery in this state; to take rank from June 2d 1821. This Assembly do establish Egbert D. Peck, 1st Lieut. of the 7th comy. of the 1st Regiment of Light Artillery in this state; to take rank from June 2d 1821. This Assembly do establish James F. Barnes, 3d Lieut. of the 7th comy. of the 1st Regiment of Light Artillery in this state; to take rank from June 2d 1821. This Assembly do establish Joshua Bennett, 2d Lieut. of the 7th comy. of the 1st Regiment of Light Artillery in this state; to take rank from April 10th 1822. This Assembly do establish Wyllys Peck, 4th Lieut. of the 7th company of the 1st Regiment of Light Artillery in this state; to take rank from April 10th 1822. This Assembly do establish Hezekiah Prentice, Captain of the 10th company of the 1st Regiment of Light Artillery in this state; to take rank from June 11th 1821. This Assembly do establish Joseph Utley, 1st Lieutenant of the 10th comy. of the 1st Regiment of Light Artillery in this state; to take rank from June 11th 1821. This Assembly do establish Jesse E. Paul, 2d Lieutenant of the 10th comy. of the 1st Regiment of Light Artillery in this state; to take rank from June 11th 1821. This Assembly do establish Samuel R. Dibbell, 1st Lieut. of the 11th comy. of the 1st Regiment of Light Artillery in this state; to take rank from March 4th 1822. This Assembly do establish William Lum, captain of the 12th comy. of the 1st Regiment of Light Artillery in this state; to take rank from May 15th 1822. This Assembly do establish Josiah S. Washburn, 1st Lieut. of the 12th comy. of the 1st Regiment of Light Artillery in this State; to take rank from May 15th 1822. This Assembly do establish Clarke Wooster, 2d Lieut. of the 12th comy. of the 1st Regiment of Light Artillery in this state; to take rank from May 15th 1822. This Assembly do establish Lucius Cady, 1st Lieutenant of the 1st company of the 2d Regiment of Light Artillery in this state; to take rank from April 18th 1821. This Assembly do establish Pierce Parkhurst, Junr. 2d Lieut. of the 1st comy. of the 2d Regiment of Light Artillery in this state; to take rank from May 12th 1821. This Assembly do establish Horace Rose, 2d Lieutenant of the 2d company of the 2d Regiment of Light Artillery in this state; to take rank from March 25th 1822. This Assembly do establish Edwin P. Harrington, 1st Lieut. of the 3d comy. of the 2d Regiment of Light Artillery in this state; to take rank from April 23d 1822. 178 PUBLIC RECORDS May,

This Assembly do establish Charles H. Olmsted, 2d Lieut. of the 3d comy. of the 2d Regiment of Light Artillery in this state; to take rank from April 23d 1822. This Assembly do establish Braton Whitmore, Capt. of the 4th comy. of the 2d Regiment of Light Artillery in this state; to take rank from June 11 1821. This Assembly do establish Jon Spencer, 1st Lieut. of the 4th comy. of the 2d Regiment of Light Artillery in this state; to take rank from June 11 1821. This Assembly do establish Benjamin Underwood, 2d Lieut. of the 4th comy. of the 2d Regiment of Light Artillery in this state; to take rank from June 11th 1821. This Assembly do establish Joseph Church 1st Lieutenant of the 8th comy. of the 2d Regiment of Light Artillery in this state; to take rank from April 6th 1822. This Assembly do establish James S. Wickham, 2d. Lieut. of the 8th comy. of 2d Regiment of Light Artillery in this state; to take rank from April 6th 1822. This Assembly do establish William Odell, Captain of the 9th company of the 2d Regiment of Light Artillery in this state; to take rank from May 2d 1822. This Assembly do establish Welcome Geer, 1st Lieut. of the 9th comy. of the 2d Regiment of Light Artillery in this state; to take rank from May 2d 1822. This Assembly do establish John Gunn, 2d Lieut. of the 9th comy. of the 2d Regiment of Light Artillery in this state; to take rank from May 2d 1822. This Assembly do establish Elisha Sugden, 1st Lieut. of the 10th comy. of the 2d Regiment of Light Artillery in this state; to take rank from Sept. 11th 1820. This Assembly do establish Everitt Wilcox, 2d Lieut. of the 10th comy. of the 2d Regiment of Light Artillery in this state; to take rank from Sept. 11th 1820. This Assembly do establish William H. Hallock, 2d Lieut. of the 10th comy. of the 2d Regiment of Light Artillery in this state; to take rank from May 12th 1822. This Assembly do establish Alsey Bailey, 1st Lieut. of the 11th comy. of the 2d Regiment of Light Artillery in this state; to take rank from April 22d 1822. This Assembly do establish Henry Allyn, 2d Lieut. of the 11th comy. of the 2d Regiment of Light Artillery in this state; to take rank from April 22d 1822. This Assembly do establish Samuel Wooster, 1st Lieut. Of the 12th comy. of the 2d Regiment of Light Artillery in this state; to take rank from May 2d. 1822. This Assembly do establish Marshal Perry, 2d Lieut. of the 12th comy. of the 2d Regiment of Light Artillery in this state; to take rank from May 2d 1822. 1822 OF CONNECTICUT 179

An act authorizing limited Partnerships in certain cases.5 [Stat. Conn., May 1822, pp. 1–3] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that limited co-partnerships for the transaction of business, may hereafter be formed according to the directions and provisions of this act; always provided, that nothing herein contained, shall be construed to authorize any such partnership for any banking purpose whatever, or for any business or concern connected with insurance. Sec. 2. All partnerships to be formed under this act, shall consist of one or more partners, jointly and severally responsible, according to the existing laws and rules of law relative to partnerships, who shall be called general partners; and one or more partners, who furnish funds or capital to the partnership stock, whose liability shall extend no further than the funds or capital which he or they have furnished to the partnership stock, and who shall be called special partners. And every such partnership shall be conducted under a company name or firm, consisting of all the names of the general partners only; and if any special partner’s name is used or inserted in said firm or company name, such special partner shall be liable as general partner; but nothing herein contained shall be construed to prevent any special partner from examining into the state and progress of the partnership, and advising as to its management. Sec. 3. Before any partnership under this act shall be carried into effect, the company name or firm under which the same is to be conducted, and the names of all the general and special partners interested therein, with the names of their several places of residence, shall be registered in a book to be kept for that purpose, at all times open for public inspection, in the office of the town clerk of the town in which the principal business of the partnership shall be carried on; and if the partnership have, at any time, places of business, or establishments, situated in different towns, the names and title of the firm shall be registered in like manner in every such town. And said registers shall further designate those of the general partners, who are authorized to transact, manage, and sign for the partnership, and for which alone the partnership shall be responsible; and also the amount of the capital furnished by every special partner, and the period at which the partnership is to commence and terminate; and every renewal or continuance of any such partnership, shall be registered in like manner, and all alterations or dissolutions of any such partnership, prior to the original proposed continuance of the same, shall also be registered as aforesaid.

5. For the significance of this act, see above, pp. xxxviii–xxxix. At some point during the drafting process, the legislators deleted a passage from the fifth section which would have penal- ized partners found guilty of fraud one thousand dollars and required them to compensate injured parties. General Assembly Papers, 1822, Box 2, folder 14, item 104. 180 PUBLIC RECORDS May,

Sec. 4. No registry required by this act, shall be made by any town clerk, or be considered valid, unless all the partners, general and special, associated together in every such partnership, shall make and sign a certificate or declaration before one of the judges of the Superiour court, or a judge of the county court, containing the statements required by the foregoing section, which shall be filed in said town clerk’s office; and a copy of such certificate shallbe evidence of the matters therein contained, in any court in this state. And at the time of making the registry required by the foregoing section, it shall be the duty of such of the general partners as are authorized by the partnership to transact and manage their concerns, to make oath to the actual and bona fide advancement or payment of the sum or sums by the special partners, according to the registry of the amount of the same; and no such capital shall be advanced to the common stock of the partnership, by the special partners, but in cash payments: And if any person shall be guilty of wilful false-swearing in the premises, he shall be deemed to have committed perjury, and shall be punished accordingly. And it shall be the duty of all the partners interested in any such partnership, to see that the requirements of the third and fourth sections of this act, are complied with; and in case the same shall be neglected, or a false registry be made, all the partners interested in such partnership, shall be liable to all the engagements thereof, as general partners. Sec. 5. The general partners in every such partnership, shall be held liable to account to each other for their management of the general joint concern, and to the special partners, either in law or equity, according to the law relative to partnership, as now subsisting. No part of the capital furnished by special partners, shall be withdrawn, either in the shape of dividends, profits, or otherwise, at any time within the period during which the partnership shall be continued; nor shall any special partner, under any circumstances, be considered or allowed to claim, as a creditor, in case of the insolvency or bankruptcy of the partnership. Sec. 6. All suits to be brought by any such partnership, shall be in the name or names of the general partners only; and suits against such partnerships, shall be brought against the general partners only; except in cases where the special partners shall be rendered liable as general partners, in which cases, suits may be brought against all the partners. Sec. 7. It shall be the duty of the partners in any partnership formed under this act, to publish the terms of the partnership so registered as aforesaid, for at least six weeks after such registry, in at least one newspaper published within the county, in which their business shall be carried on; and in case no newspaper is published in said county, then in a newspaper published in an adjoining 1822 OF CONNECTICUT 181

county; and each town clerk shall be entitled to the sum of twenty five cents for every registry by him made in pursuance of this act.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822, Approved. Oliver Wolcott

An act to regulate the Inspection of Provisions, and other articles of Com- merce.6 [Stat. Conn., May 1822, pp. 3–12] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the county courts in the several counties in this state, be authorized and empowered to appoint the several inspectors, packers and surveyors, necessary and proper to carry the following act into execution, as follows, to wit: in the towns of New-Haven and Hartford, one or more, not to exceed three and in all other towns in this state, not to exceed two, suitable persons to be inspectors and packers of beef, pork, butter and lard; also, one or more not to exceed eight, inspectors and packers of fish; also, one inspector of flour and corn-meal; also, one inspector or surveyor of lumber, onions and hay; also, one inspector of pot and pearl ashes; and in all cases of appointments as above, the county court shall take bonds of each person so appointed, for the faithful discharge of his duty; in the penal sum of one hundred dollars, to the treasurer of said county; and a certificate from the clerk of said court, shall be given to each and every inspector, of his appointment; and all inspectors,

6. This act represented the first major modification of the revised state statutes approved at the May 1821 session; the final section of the present act repealed the title as it appeared inStat. Conn., 1821, pp. 286–97. That statute had provided for the administration of the system by a hierarchy of general, deputy and assistant inspectors, packers, and surveyors for the inspection of beef, pork, and other commodities. Representative Vine Robinson of Brooklyn had led an attempt to change the law at the 1821 session, arguing that the offices of inspector general and deputy inspector were unnecessary and expensive and asking for the appointment of the assistant inspectors (to be renamed inspectors) by the civil authority and selectmen of the towns concerned rather than the deputy inspectors, as was the case for the inspection of other provisions. This argument was repeated in a March 1822 petition from Saybrook. House Proceedings and Debates, May 30, June 5, 1821: Mirror, Jun. 4, 11, 1821; editorial column, Mirror, Jun. 11, 1821; Rejected Bills, Box 6, 1821–1824, folder 4, 1822, items 36–41. A joint committee largely agreed, concluding that “the said act [is] so defective in several of its most important sections and the system so connected together that it is difficult to correct the errors without a repeal of the whole act.” Like all other public regulations, the object of inspection is “to benefit the community with the least possible expense.” The old system, however, was more expensive than necessary; the offices of inspector general and deputy inspector were in fact “sinecures” which were “very burdensome to the owners of property subject to the inspection laws.” The committee concluded that “nothing short of a new system” would remedy the situation and brought in a bill for that purpose, which, among other things, reduced the administrative hierarchy to the single office of inspector, to be appointed by the county courts. 182 PUBLIC RECORDS May,

now in office, shall hold and exercise their offices, until the first session of the county court in the county to which they belong. Sec. 2. All beef in barrels or half barrels, intended to be exported to any market out of this state, shall be of cattle well fatted, of not less than two years old, to be cut into pieces as nearly square as is practicable, each piece to weigh not more than eight pounds, nor less than four pounds. All such beef shall be sorted into five denominations, to wit: Mess, Prime No. 1. Prime No. 2. Cargo or Hock. Mess beef shall be the best pieces of oxen or steers, of not less than three years old each, or a steer weighing not less than six hundred pounds. Under this denomination, skin, shoulder-clod, and neck, shall be taken from the fore quarters, and the leg, and leg-rounds from the hind quarters; and each barrel and half barrel, containing beef of this denomination, shall be branded on one of the heads, with the words “Mess Beef.” Prime beef No. 1 shall consist of the best pieces of fatted oxen, cows, steers, or heifers, of not less than three years old, and each not weighing not less than four hundred pounds weight, and to average five hundred and twenty pounds weight, without neck or shanks; and on one head of each barrel and half barrel of beef of this denomination, shall be branded “Prime Beef, No. 1.” Prime beef No. 2 shall be of fatted cattle of any description, of not less than three years old, not before mentioned, bulls excepted, with not more than half a neck, and three shanks; and without hocks, to the barrel; and the same proportion to a half barrel; and each barrel, and half barrel, containing half of this denomination, shall be branded on one head “Prime Beef, No. 2.” Cargo beef shall consist of fatted cattle of any description, two years old or more, each barrel of which may have two hocks, and one

At one point the Senate referred the bill back to the committee for additional work. The bill contains a number of additions and deletions, many probably made during the drafting process. One of these changes involved the substitution, in the tenth section of the phrase “from the State of New York” for “from any other state of the United States.” Another involved the addition of sections 13 to 17 and sections 26 and 27 in a smaller hand; the sections between 17 and 26 were consequently renumbered. Both the House and the Senate made additional changes after receiving the final draft from the committee. (1) The first section in the bill provided for appointment of the inspectors by the towns’ selectmen and civil authority subject to approval by the county courts. The Senate substituted the present language of that section, which placed the entire responsibility in the hands of the courts. (2) In the fourth section, the Senate added the words “free from sap”; after “rock oak”; it also erased the words “shall gauge not less than 28 & not more than 30 gallons” and substituted “for pork shall gauge . . . thirty gallons.” (3) In section 16, the House and Senate erased the word “English” before “hay.” The House proposed inserting the phrase “containing more than 100 weight” after “coastwise”; the Senate, however, proposed “200 weight,” as found in the final act. (4) Both houses inserted the words “or affirmation” and “or affirm (as the case may be)” in section 23. The Senate also deleted the last part of the same section from the bill, which provided that inspectors who moved or resigned must notify the town authorities. General Assem- bly Papers, 1822, Box 2, folder 8, item 44. On July 1, 1822, the Mercury noted a mistake in the engrossed copy of the act, which formed the basis for the printed versions, which misread “twenty” for “seventy” pounds of salt for each barrel of beef. 1822 OF CONNECTICUT 183

half neck, and no more, and each half barrel of which may, have on hock and one quarter neck; and one head of each shall be branded “Cargo Beef.” Hock beef may consist of hocks and necks, the flesh of the cheek, hearts and skirts of hearts of fatted cattle, of all description, of at least two years old, each barrel and half barrel of which shall be branded on one head, “Hock Beef.” Every barrel of beef shall be salted with not less than twenty [i.e., seventy] pounds of clean St. Ubes, Isle of May, Lisbon or Turks Island salt, or not less than eighty pounds of coarse Liverpool salt, or other salt of equal quality, exclusive of the pickle made of fresh water as strong as salt will make it; and to each barrel of beef of the first four denominations, shall be added six ounces of salt-petre, and each half barrel of beef shall be salted with one half the quantity of salt before mentioned, and three ounces of salt-petre. Sec. 3. All pork in barrels or half barrels intended to be exported to any market out of this state, shall be of swine well fatted, and shall be distinguished by the names of Mess, One hog, Prime and Cargo pork. Mess pork shall consist of rib-pieces only; one hog pork shall consist of one hog only to the barrel; prime pork shall consist of three shoulders and one head and a half, the head not to weigh more than twenty four pounds to the barrel; cargo pork shall consist of not more than five shoulders, and not than thirty pound of heads to each barrel; and each barrel and half barrel of pork shall be salted and pickled with the same weight of salt, and the same kind of pickle, as in this act is provided for beef; and each barrel and half barrel of pork, when inspected and packed or repacked, shall be branded in the same manner, as in this act is provided for beef, designating the different qualities or denominations as in this section is described. Sec. 4. All barrels and half barrels containing beef or pork, put up in the manner aforementioned in this act, and for the purposes therein mentioned, shall be made of good seasoned white oak, rock oak free from sap, or white ash staves and heading, hooped with twelve substantial hoops, well seasoned, with not less than three pins in each bilge. Each barrel for pork shall guage [sic] not less than twenty nine, nor more than thirty one gallons; and each barrel for beef shall gauge not less than twenty eight, nor more than thirty gallons, and contain two hundred pounds weight of beef or pork; and each half barrel shall gauge fifteen gallons, and contain not less than one hundred pounds weight of beef or pork. Sec. 5. On one head of every barrel and half barrel in which beef or pork is packed or repacked for exportation, shall be branded the weight it contains, with the first letter of the christian name, and the surname at length of the inspector, who shall have inspected the same, with the name of the town where it shall have been inspected, in legible characters, and the year in figures, when the same shall have been inspected; also the addition of the word Connecticut, abbreviated. 184 PUBLIC RECORDS May,

Sec. 6. All pickled shad, codfish or mackerel, intended for market, shall be split and well cleansed, and pickled in strong brine. Shad and codfish shall be in such brine at least fifteen days, and mackerel at least forty eight hours, before they are put up for market, and shall be put up in barrels or half barrels, the barrels to contain two hundred weight each, and the half barrels one hundred weight each, of fish, well packed, with a sufficient quantity of salt, and filled with strong brine. And shad so put up, shall be of three denominations, viz. Shad, No. 1, to consist totally of shad well saved, free from rust or any defect, with the head and tail cut off, and back bone taken out; each barrel shall contain not more than seventy two shad, and each half barrel not more than thirty six shad. The second denomination shall be Shad No. 2 to consist wholly of well saved shad, trimmed, pickled and prepared for packing, in the same manner as Shad No. 1, and there shall not be more than eighty two shad to a barrel, and not more than forty one to a half barrel. The third denomination of shad shall be Shad No. 3 to consist of shad well saved, with the head taken off, that will not answer for either of the two former numbers; and said barrels and half barrels of fish shall be inspected and branded in the same manner herein before provided, for inspecting beef and pork; and the inspector who shall inspect and brand the same, shall designate by each brand, the quality and weight, and kind of fish, contained in said barrel and half barrel by him branded, and also the name of said inspector, and the name of the town where said fish was put up. Sec. 7. All barrels and half barrels containing fish for market or exportation, shall be well made of good seasoned red oak, white oak or chesnut timber, and each tierce made with twelve hoops; and each barrel shall be of the capacity of twenty eight to thirty gallons, and each half barrel of the capacity of fifteen gallons and a half. Sec. 8. All flour of wheat or rye intended for foreign exportation, shall be of two qualities, distinguished by the name of Superfine or Fine, and shall be put into barrels or half barrels; each barrel shall be well made, and trimmed with at least ten hoops, and contain one hundred and ninety six pounds; and each half barrel shall be well made, and trimmed with at least eight hoops, and contain ninety eight pounds; all which shall be inspected, and branded by an inspector of corn meal and flour, before it may be shipped for, or exported to a foreign market. And it shall be the duty of the owner, miller or manufacturer of flour offered to be inspected, to pack the same, and to cause the quality of Superfine or Fine, and in case of rye flour, the words “Rye Flour” in addition to the quality Superfine or fine, with the initial letter of his christian name, and surname, at length, to be branded on one head of every barrel and half barrel, in legible characters, and the quantity, with the tare thereof, marked in figures: And it shall be the duty of the inspector, upon application to him made, to examine and determine the quality and quantity of such flour, and upon finding such brand to describe truly the quantity and quality thereof, he shall then, and not 1822 OF CONNECTICUT 185

otherwise, brand on such barrel or half barrel, the initial letter of his christian name, and surname at length, and have place of residence, in legible characters; and if such inspector shall find such brand of the owner, miller or manufacturer not to describe the quantity or quality truly, he shall erase the same, and make the brand according to its true quality and quantity—Also, when any owner, miller, or manufacturer of flour put up in barrels or half barrels, which is not destined to a foreign market, wishes to have the same inspected, the same may be packed, inspected and branded, in the same manner as is provided for flour intended for foreign importation. Sec. 9. All corn meal intended for foreign exportation, shall be put up in hogs heads or barrels, shall be made of corn kiln-dried, and properly ground, bolted and cooled, before packed. Each hogshead shall gauge at least one hundred and ten gallons, be made of good white oak staves and heading clear of sap, well seasoned, suitable for holding spirits, and hooped with at least sixteen hoops, or of other oak timber, well seasoned, with pine heads and suitable for holding molasses, and trimmed with at least sixteen hoops, containing at least eight hundred pounds; each barrel shall be substantially trimmed, and contain one hundred and ninety six pounds. Corn meal may consist of two qualities, to be denominated No. 1 and No. 2. It shall be the duty of the owner, miller, or manufacturer of corn-meal offered to be inspected, to pack the same, mark the tare and quantity of one head of each cask, in figures, and brand the same with “K.D. Corn-Meal No. 1” for the first quality, and “K.D. Corn-Meal, No. 2” for the second quality. And it shall be the duty of the inspector, upon application to him made, to examine the quality and quantity of such corn-meal, and upon finding such brand to describe truly the quality and quantity thereof, he shall then, and not otherwise, brand on such hogshead or barrel, the initial letter of his christian name, and his surname at length in legible characters; but if the inspector shall find such brand not to describe truly the quantity and quality thereof, he shall alter the same, and make it according to its true quality and quantity. Sec. 10. All cedar and pine shingles offered for sale in this state, shall be liable to be inspected. Each bundle inspected shall be branded across the butt, No. 1, No. 2, No. 3, or R. No. 1 shall be at least eighteen inches long, one half an inch thick at the butt, and four inches wide, straight rifted and breasted. No. 2. shall be at least eighteen inches long, seven sixteenths of an inch in thickness at the butt, four inches wide, straight rifted and breasted. No. 3 shall be at least seventeen inches long, three eighths of an inch in thickness at the butt, four inches wide and straight rifted. Refuse shall consist of all such shingles as will not pass inspection for either of the other classes, and unless so bad as not to be half the worth of No. 1 in the estimation of the inspector, in which case they shall be branded with “O.” It shall be the duty of the owners of shingles presented for inspected, to place such shingles as are required to be inspected, in such a situation as that the bundles may be conveniently examined by the 186 PUBLIC RECORDS May,

inspector of lumber; and no shingles of any quality shall pass inspection, unless so packed as to contain, by admeasurement, one fourth of a thousand in each round bundle, and either one thousand, one half a thousand, or one quarter of a thousand, in each square bundle. Any person who shall offer for sale any shingles in this state, or who shall export any shingles from this state, which are branded “O.” or are not branded at all, or branded in any other manner not prescribed in this act, shall forfeit the same, or the value thereof, one half to him who shall sue for and prosecute to effect, and the other half to the treasury of the state; provided, that shingles imported from the state of New-York, and which have been inspected and branded in said state, agreeably to the laws of said state, shall not be subject to the requirements of this act. Sec. 11. Staves and heading, for exportation, shall be of the following dimentions, to wit: all white oak pipe staves, four feet eight inches long, and three and a half inches in width; white oak hogshead staves three and a half feet long, and three and a half inches in width; white oak barrel staves, two feet and a half long, and three and a half inches wide; white oak hogshead heading, two and an half feet long, and at least five inches in width, and all free from sap; all black or red oak hogshead staves shall be three and a half feet long, and three and a half inches wide; all long sugar hogshead staves, shall be four feet and seven inches long, and three and an half inches wide; and all staves and heading shall not be less than five eighths of an inch thick at the thinnest edge. No pine boards shall be deemed merchantable unless the same are one inch thick, and square edge. Sec. 12. Every inspector of pot and pearl ashes, and hay, shall bound on one head of every barrel, cask or keg by him inspected, the initial letter of his christian name, and his surname, at full length, and the name of the town where the same shall be inspected, and also the kind, quality, and weight of all pot and pearl ashes, and also mark the tare thereon. And all casks for containing butter or lard, for exportation, shall be well made of good white oak timber, and well trimmed, and shall not contain more than forty five pounds. All casks for pot and pearl ashes, shall be of the following dimensions, to wit: twenty nine inches in length, and nineteen inches in diameter at each head, to be made of white oak staves and heading, sound and tight, and trimmed with at least eighteen hoops; and the tare of each cask shall be at least fourteen per cent on the weight of such cask and the contents thereof. Sec. 13. All onions, put up in bunches shall be well dried, and every bunch shall weight three pounds and an half, and before shipped for exportation to any foreign port or market, shall be inspected. Sec. 14. All butter put up in firkins, shall be inspected, and the firkins shall be branded according to its quality, before the same shall be exported. The first quality shall be branded No. 1. The second quality, No. 2 and the third quality, No. 3. 1822 OF CONNECTICUT 187

Sec. 15. All lard put in firkins, before the same is exported, shall be inspected, and the firkins No. 1 or No. 2 according to its quality. And all such firkins of butter or lard, shall have the tare weight marked on the head thereof, by the owners of the same. Sec. 16. All hay pressed, and put up in bundles for exportation, or transportation, coastwise, containing more than two hundred weight, shall, before the same is shipped, be inspected, and the quality thereof branded on one of the hoops. The first quality, No. 1. Second quality, No. 2. Third quality, No. 3. Sec. 17. It shall not be lawful for an inspector of fish to inspect or brand any barrel, cask, or other vessel, containing shad imported into this state, from any other state or place. And each inspector offending against this section, shall forfeit to the treasury of this state, five dollars for each barrel, or other vessel as aforesaid, by him so unlawfully branded. Sec. 18. If any inspector or packer shall, in the discharge of the duties of his office, use any steel-yards or weights, which have not been sealed according to law, he shall, for each offence, forfeit and pay the sum of ten dollars, to and for the use of the town whereto he belongs. Sec. 19. No inspector or packer shall be impowered to exercise the duties of his office in any other town, than the one for which he was appointed, under the penalty of twenty five dollars. And if any person, other than a lawful inspector or packer, shall stamp or brand any of the articles required by this act to be branded or stamped by an inspector or packer, in the manner therein described, every person so offending, shall forfeit and pay the sum of twenty dollars for each and every such offence. Provided, however, if any inspector or packer, being occasionally called into any other town where no inspector is appointed or resides, or where such inspector or packer, by reason of sickness or lameness, is unable to exercise the duties of his office, then and in such case, an inspector or packer of the next adjoining town, may exercise the duties of his office in such town, in the same manner as by virtue of this act he could do in the town for which he was appointed. Sec. 20. If any inspector or packer, appointed by virtue of this act, shall be guilty of any fraud or neglect, contrary to the provisions of this act, and not otherwise specifically provided for in this act, he shall forfeit and pay, for every such offence, the sum of six dollars; and if any inspector or packer shall, contrary to the true intent and meaning of this act, mark or brand any cask containing beef, pork, fish, flour, corn-meal, or pot or peal ashes, which has not actually [been] inspected by him, or shall put a false brand upon any such as has been inspected by him, he shall forfeit and pay ten dollars for each and every cask so falsely or deceitfully marked or branded. Sec. 21. If any person, after the inspection and branding of any cask containing any of the articles herein before required to be inspected and branded, shall fraudulently take out, shift or change any part of the contents there of, or 188 PUBLIC RECORDS May,

put into any such cask any of said articles not inspected, with intent to evade the provisions of this act, every person, so offending, shall forfeit and pay for each and every such offence, the sum of twenty dollars. Sec. 22. If any person or persons export, or ship for exportation, to any foreign port, any of the articles aforesaid, not put up in the manner aforesaid, and inspected and branded as by this act is provided, every such exporter or shipper, and the master of every vessel knowingly having on board his vessel, any such articles not put up, inspected and branded, as aforesaid, shall, on conviction thereof, respectively forfeit and pay the sums following, to wit: the owner, exporter, or shipper, shall forfeit and pay the sum of six dollars, and the master of any vessel having the same on board, as aforesaid, the sum of three dollars, for every cask or other vessel containing any of the articles aforesaid, exported or shipped for exportation so as aforesaid, contrary to the provisions of this act. Provided, however, that any beef or pork, brought from the state of Massachusetts, or New-York, and any fish, corn-meal, or flour, brought from those, or any other of the United States, that shall have been inspected and branded in the state in which they were manufactured, or put up for market, conformably to the laws of such state, and accompanied with such evidence thereof, as the laws of those states respectively require, may be exported from this state, without any re-inspection.— Sec. 23. Each inspector and packer, before he enters upon the duties of his office, shall take the following oath or affirmation before some justice of the peace, to wit: “You swear or affirm (as the case may be) that you will faithfully and impartially execute the duties of the office of inspector, whereto you are appointed, agreeably to the laws of this state, and according to the best of your abilities, without fear or favour of any person, so help you God.” Sec. 24. All penalties and forfeitures arising by virtue of this act, may be recovered, by action of debt, or on statute, before any court proper to try the same, and where not herein otherwise appropriated, one half thereof shall accrue to the informer, who shall prosecute the same to effect, and the other half to the county whereto the offender belongs; and it shall be the duty of all informing officers to prosecute all breaches of this act. Sec. 25. Each inspector shall be entitled to receive from the owner of the articles inspected, for his services, the following fees, and no more, viz. for cutting, weighing, packing, salting, pickling, heading and branding each barrel of beef or pork, eighteen cents, and for each half barrel, eleven cents; and for performing the same, exclusive of cutting, for each barrel, eleven cents, and for each half barrel, six cents. For packing, heading, flagging, pickling and branding each barrel of fish, twelve and a half cents, and each half barrel, nine cents. For inspecting and branding each barrel of flour and corn-meal, two cents, and for each half barrel one cent and a half: And for inspecting and branding each hogshead of corn-meal, four cents; and for inspecting and branding every 1822 OF CONNECTICUT 189

thousand of shingles, five cents; and for each bundle of hay, six cents; and for each thousand feet of lumber, twelve and a half cents. Sec. 26. And it shall be the duty of each and every inspector, packer or surveyor, under this act, to make return of each and every article by him inspected or surveyed, with the kind and quality of the same, between the first and fifteenth days of May, in each year, to the Controller of public accounts, which returns shall remain in said office, on file, subject to the direction of the legislature. Sec. 27. That the act of the General Assembly, as revised and enacted in May 1821, entitled, “an act to regulate the inspection of provisions and other articles of Commerce,” be, and the same is hereby repealed. Provided, that the assistant inspectors already appointed, shall continue to discharge their duties until new appointments shall be made agreeable to the provisions of this act.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31, 1822—Approved. Oliver Wolcott.

An act in alteration of an act, entitled “an act regulating the election of Senators and Representatives for this state, in the Congress of the Unit- ed States.[”]—7 [Stat. Conn., May 1822, p. 12] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the number of persons for whom the electors shall bring in their ballots, to represent this state in the Congress of the United States, pursuant to the second section of the act to which this is an alteration, be six; and that the six persons having the greatest number of votes, shall be declared to be elected, as prescribed in the third section of said act; any thing in said act to the contrary notwithstanding.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31, 1822. Approved. Oliver Wolcott.

7. Under the apportionment provision of the U.S. Constitution (Article I, Section 3) Con- necticut had been allotted seven U.S. representatives following the first federal census in 1790. In an act of March 22, 1822, Congress responded to population shifts in the fourth census (1820) by reducing the number to six. U.S. Statutes at Large, I, 253; III, 651. The present act revised the basic title on congressional elections in the new statute book (Stat. Conn., 1821, p. 191) to make the necessary adjustments in the state’s laws. 190 PUBLIC RECORDS May,

An act in addition to an act, entitled “an act for the settlement of estates, testate, intestate and insolvent.”8 [Stat. Conn., May 1822, pp. 12–13] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that when any testator, in his last will and testament, has appointed, or shall appoint, any trustee or trustees, to execute a trust created by such will, and has not provided for the contingency of the death, incapacity, or refusal of such trustee or trustees to accept, or execute the trust, the court of probate having the probate of such will, shall have power, in such cases, to appoint some suitable person or persons to execute such trust, according to the will; taking from them good and sufficient bonds with surety, conditioned for a faithful performance thereof.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822. Approved. Oliver Wolcott.

An act in alteration of an act, entitled “an act for the settlement of estates testate, intestate and insolvent.”—9 [Stat. Conn., May 1822, p. 13] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that all the notices for the appointment of commissioners on insolvent estates, and all notices for the exhibition of claims against the estates of deceased persons, shall be published in a newspaper printed in the county where the deceased last dwelt, or in an adjoining county at the discretion of the judge of probate. All notices relative to the sale of lands, under an order of the court of probate, shall be published in a newspaper printed in the county where the lands lie, or the parties interested reside, or in adjoining county, at the discretion of the court of probate, any law to the contrary notwithstanding:

8. The basic title on the settlement of estates, referenced in the heading of this and the following act, can be found in Stat. Conn., 1821, pp. 199–212. 9. The bill for the present act originally read That the Judges of the several Courts of Probate shall have power to order Executors, administrators and commissioners on estates testate, intestate and insolvent to give notice of all orders of said Court to be published in one or more newspapers printed in such Towns in this State as shall by said Judges be considered most proper to give information to the creditors and all concerned or interested in such estates, any law to the contrary notwithstanding. The Senate deleted this language and substituted the present wording. During its drafting process, the Senate deleted the phrase “and further payment of taxes required by law to be published in a newspaper” following “an order of the court of probate” and substituted the word “order” for “judge necessary” at the end of the act. General Assembly Papers, 1822, Box 2, folder 14, item 103. 1822 OF CONNECTICUT 191

And in all the cases above specified, such further notice shall be given, as the court of probate shall order.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 29 1822. Approved. Oliver Wolcott.

An act in addition to an act relating to Guardians and Minors.10 [Stat. Conn., May 1822, p. 14] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that when a judge of probate orders the sale of the real estate of a minor in an adjoining district, he shall cause his doings to be recorded in the probate records of the district, where such minor lives and belongs, by the clerk thereof; and all the doings of any such judge of probate, which have been so recorded, shall be valid.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822. Approved. Oliver Wolcott.

An act in addition to “an act for constituting and regulating courts, and for appointing the times and places of holding the same.”11 [Stat. Conn., May 1822, p. 14] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that in cases where a judge of probate is by law authorized to act as judge in a district adjoining to his own, he may hold his court in any of the towns either of his own, or of such adjoining district. Sec. 2. That after the word “manner” in the fifth line of the twenty-ninth section of said act, from the top, the following words be inserted, and made part of

10. The basic title can be found in Stat. Conn., 1821, pp. 262–64. 11. This act inserted new wording into the section of the basic title on the court system which detailed the circumstances in which judges would be disqualified for conflict of interest (Stat. Conn., 1821, p. 145). At some point during the drafting process the words “either of his own, or” were added to the bill. General Assembly Papers, 1822, Box 2, folder 12, item 19. 192 PUBLIC RECORDS May,

said section, viz. “or between such judge and any person or persons interested in the estate of such deceased person, as legatee, devisee, or heir at law.”

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31 1822. Approved. Oliver Wolcott.

An act in addition to an act, entitled “an act relating to highways and bridges.”12 [Stat. Conn., May 1822, p. 15] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that where any private ways have been or shall be laid out for private, and not for common use, the county courts in their respective counties, in cases where such private ways have been, or shall be laid out by them, and the selectmen of any town, in cases where such private ways have been laid out by them, shall have power to authorize gates and bars to be erected and kept up, on such private ways, in such manner as they may think proper to direct. And the several towns in the state, shall have power to order such part of the money raised by taxes, for making and repairing public highways, to be laid out in making and repairing private ways established for private and not for common use, as they shall deem reasonable, and in such manner as is provided in case of public highways.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 29 1822. Approved. Oliver Wolcott.

An act in addition to an act, entitled “an act relating to Ferries.”13 [Stat. Conn., May 1822, p. 15] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the fares of the several ferries, for four wheeled car-

12. For the sections of the basic title on highways and bridges which specified the powers of town selectmen and county courts to lay out private roads and granted the towns power to tax to keep such roads in repair, see Stat. Conn., 1821, pp. 268–69, 271–72, 273. 13. The rates for four-wheeled carriages, detailed in the basic title on ferries, were usually higher than those for two-wheeled carriages: Stat. Conn., 1821, pp. 224–27. 1822 OF CONNECTICUT 193

riages, drawn by one horse, shall be the same as for two wheeled carriages drawn by one horse.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822. Approved. Oliver Wolcott.

An act in addition to an act, entitled “an act relating to Sign-Posts.”14 [Stat. Conn., May 1822, p. 16] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that in the town of Kent, near the Episcopal Church, there shall be erected and supported, at the cost of said town, an additional sign-post, in the same manner, and to be improved for the same purposes, as other signposts in the several towns in this state by law are.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 23 1822. Approved. Oliver Wolcott.

An act in addition to the act, entitled “an act concerning Crimes and Punishments.”15 [Stat. Conn., May 1822, p. 16] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the several county courts in their respective counties, shall have jurisdiction of all cases of a criminal nature, not by law cognizable by the Superiour court, or justice [sic] of the peace. And justices of the peace, in all criminal prosecutions, shall have power to issue process directed to any proper indifferent person, to be served in any part of the state, to apprehend and bring before them, any person against whom a complaint is made for a crime, and in like manner to grant summons, or capias for witnesses; and such indifferent person shall have lawful authority to execute the same. Sec. 2. Whenever a writ of error, or petition for a new trial, shall be brought in a criminal case, service thereof shall be made by leaving an attested copy thereof, by some proper officer, with the attorney for the state, in the county

14. The Senate initially rejected the bill, but agreed to support it after a conference with the House. General Assembly Papers, 1822, Box 2, folder 12, item 21. 15. The provisions in the basic title relating to jurisdiction can be found in Stat. Conn., 1821, p. 172; this act was probably intended to fill in a statutory gap in jurisdiction between a series of major crimes, over which the superior court had cognizance, and crimes involving fines of less than seven dollars, which were under the authority of the justices of the peace. 194 PUBLIC RECORDS May,

where such writ of error or petition for a new trial shall be brought, or by reading the same in the hearing of such attorney.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822. Approved. Oliver Wolcott.

An act in addition to an act, entitled “an act for the regulation of Civil Actions.”16 [Stat. Conn., May 1822, p. 17] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that whenever the defendant in any suit upon a bond, note, or other chose in action, not negotiable, shall plead, or give in evidence the discharge, admission, or other act of the plaintiff, or any payment made to him, or transaction whatever, between the plaintiff and defendant, it shall be lawful for the plaintiff to reply, or prove, as the case may require, an assignment of such chose in action, and notice thereof given to the defendant; and on the same being made to appear, such discharge, admission, payment or other transaction, shall be no otherwise available in such suit, in favour of the defendant, than the same would or ought to be in a court of equity. Sec. 2. Be it further enacted, that in any action on any note, bond or other contract, to which there is a condition annexed, which condition, and any breach or breaches thereof, are not set out in the plaintiff’s declaration; and the defendant having prayed oyer of, and set out such conditions, pleads performance thereof, and the plaintiff replies thereto, setting forth any breach or breaches of such condition, the defendant may, with leave of court, rejoin as many several matters, by distinct rejoinders, as he might have pleaded, had such condition, and breach or breaches thereof, been set forth in the declaration: provided, that no provision in this act shall affect any case now pending.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 23 1822. Approved. Oliver Wolcott.

An act relating to Oaths. [Stat. Conn., May 1822, p. 18] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the clerk of the Senate, the clerks of the House of Rep-

16. This act added two procedural refinements to the basic title on civil actions in the new state statute book: Stat. Conn., 1821, pp. 34–59. The Senate added Section 2; the House concurred. General Assembly Papers, 1822, Box 2, folder 11, item 5. 1822 OF CONNECTICUT 195

resentatives, and the chairman of committees of the General Assembly, or of either branch thereof, shall have power, respectively, to administer oaths during the session of the General Assembly.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822. Approved. Oliver Wolcott.

An act in addition to an act, entitled “an act for constituting and regulating Courts, and for appointing the times and places of holding the same.”17 [Stat. Conn., May 1822, p. 18] Be it enacted by the Senate and house of representatives in General As- sembly convened, that in the county of New-London, the Supreme court of Errors shall be holden on the third Tuesday in July, alternately at New-London and Norwich, beginning at Norwich. The Superiour court shall be holden on the fourth Tuesday in January, and on the first Tuesday in October, yearly, alternately at New-London and Norwich, beginning at Norwich: And provided also, that the Superiour court shall be holden at Norwich on the first Tuesday in October next.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822. Approved. Oliver Wolcott.

An act in further alteration of an act, entitled “an act for constituting and regulating courts, and for appointing the times and places of holding the same.”18 [Stat. Conn., May 1822, p. 19] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the Superiour court of the county of Fairfield, shall be held at Danbury, within and for said county, on the fourth Tuesday of Septem- ber, annually, instead of the third Tuesday of said month; and all appeals taken, and all suits returnable to said court, and all actions pending in the same, shall

17. This act fine-tuned arrangements made in the 1821 act on the times and places for court sessions (above, p. 48), which appeared later in the year as Section 24 of the basic title on the court system in the new state statute book: Stat. Conn., 1821, p. 142. The only change was substituting “beginning at Norwich” for “beginning at New-London” in two instances. 18. This act made adjustments for court sessions in Danbury in the 1821 act discussed in the previous note. The Senate initially negatived the bill, but concurred with the House after a conference. General Assembly Papers, 1822, Box 2, folder 11, item 3. 196 PUBLIC RECORDS May,

be entered and proceeded with in the same manner, as if said court had been held on said third Tuesday. Sec. 2. The county court in said county, shall be held at Fairfield and Dan- bury, alternately, beginning at Danbury, on the second Tuesday in February, instead of the last Tuesday of said month.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31 1822. Approved. Oliver Wolcott.

An act in alteration of an act, entitled “an act for encouraging and regulating Fisheries.”19 [Stat. Conn., May 1822, pp. 19–20] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that no person or persons shall draw any seine or other fish craft in the river Thames, above a line drawn due east from Winthrop’s point to Groton’s shore, excepting between the setting of the sun on Monday evening, and the rising of the sun on Saturday morning, in each week, from the twentieth day of April, to the twentieth day of June, in each year, on penalty of one hundred dollars, to the use of the person who shall sue therefor, and prosecute such suit to effect. Sec. 2. Be it further enacted, that the eighteenth section of the act aforesaid, be, and the same is hereby repealed.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31 1822. Approved. Oliver Wolcott.

An act concerning the students at Yale College.20 [Stat. Conn., May 1822, p. 20] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that no person or persons shall give credit to any student

19. This act replaced Section 18 of the basic title on the state’s fisheries, which had prohibited these activities “above the south line of Paukatannac cove” during the specified time frame. The bill for the present act made no geographical specification; the Senate dissented and added the phrase “above the line . . . Groton’s shore.” The House agreed with the change following a conference. The rest of the act is identical to repealed section. General Assembly Papers, 1822, Box 2, folder 12, item 30; Stat. Conn., 1821, p. 232. 20. For the context of this and the following act, see above, p. xlv. During the drafting process, the words “lodging, board” were erased after “washing” in the first section. In section two, the Senate changed “fifty” to “twenty” and “five” to “three.” The House inserted the words “parent or guardian, or” in the first section. General Assembly Papers, 1822, Box 2, folder 11, item 1. 1822 OF CONNECTICUT 197

at Yale-College, being a minor, without the consent, in writing of his parent or guardian, or of such officer or officers of the college as may be authorized by the government thereof, to act in such cases, except for washing or medical aid. Sec. 2. Be it further enacted, that if any person or persons shall give credit to any minor as aforesaid, contrary to the provisions of this act, he or they shall forfeit and pay to the Treasurer of this state, a sum not less than twenty, no more than three hundred dollars, according to the nature of the offence, and at the discretion of the court, which may be recovered in any proper action, before any court having jurisdiction thereof. Sec. 3. And be it further enacted, that it shall be the duty of the attorney for the state, for the county of New-Haven, on the complaint of any of the officers aforesaid, to prosecute for all violations of this act.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 28 1822. Approved. Oliver Wolcott.

An act in addition to the act, entitled “an act to incorporate Medical Soci- eties, and to establish the Medical Institution of Yale-College.”21 [Stat. Conn., May 1822, p. 21] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that if any of the members of the county Medical Societies shall neglect or refuse to pay the tax or taxes, laid or assessed, or which may be laid or assessed, according to law, by the Medical Convention of this state, within six months after such tax shall become due, the collector thereof may cause a suit or suits to be instituted against such delinquent member, in the name of the President and Fellows of said Convention, before any court proper

21. This act supplemented the 1810 legislation incorporating the Medical Institution (S.R., XV, 111–13), formalizing procedures for collection of arrearages in dues and for signing licenses and diplomas. Historically, the practice of medicine had not required a college degree; during this period and throughout the country, medical societies and medical schools each insisted their license or diploma served as definitive professional certification. As early as 1767, medical practitioners in Sharon, Connecticut, unsuccessfully sought examining and licensing powers from the provincial legislature. The system of combining medical college faculty and medical society members represented one method of solving the problem of who would control certification of medical practitioners. Paul Starr, The Transformation of American Medicine (New York, 1982), p. 45; Richard H. Shryock, Medical Licensing in America, 1650-1965 (Baltimore, 1966), pp. 19, 26. The partnership between the Connecticut Medical Society and Yale’s medical faculty members, reconfirmed in this act, lasted until mutually dissolved by the parties in 1884. William G. Roth- stein, American Physicians in the 19th Century: From Sects to Science (Baltimore, 1985), p. 105. In the draft bill, the House added the words “Secretary or” in the second section and the proviso at the end of the second section; the Senate added the last sentence to the first section. The houses concurred with each other’s changes. General Assembly Papers, 1822, Box 2, folder 11, item 15. 198 PUBLIC RECORDS May,

to try the same, and the same pursue to final judgment. And such collector shall be allowed, and shall receive, a compensation of five per centum, on all monies collected by him, and paid into the Treasury of such Medical Convention. Sec. 2. That all licences granted by the examining committee, to practice physic or surgery, shall be signed by the president of the Medical Society, and countersigned by the clerk of the examining committee. That all degrees for doctor of Medicine, shall be signed by the President of Yale-College, and countersigned by the clerk of the examining committee; and that all licences and diplomas heretofore countersigned by the Secretary or clerk of the examining committee, shall be valid, and have the same effect as if they had been signed by the examining committee; any law to the contrary notwithstanding. Provided, that this act shall not affect any suit now pending, wherein the validity of such licence or diploma, is, or may be contested.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 29 1822. Approved. Oliver Wolcott.

An act in addition to an act, entitled “an act concerning New-gate Prison.”22 [Stat. Conn., May 1822, p. 22] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the guard and said prison may be increased to any number, not exceeding twenty, including officers, at the discretion of the overseers. Sec. 2. Be it further enacted, that the overseers of said prison, in their own name, as overseers thereof, may institute, and prosecute to final judgment, in any court of law or equity, any suit or suits, for the recovery of all debts now due, or which hereafter may be due and accruing to said overseers, on any contract made in relation to the concerns of said prison.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 29 1822. Approved. Oliver Wolcott.

22. The number of guards was currently not to exceed ten. Stat. Conn., 1821, p. 357. The Sen- ate proposed to change the number from twenty to twelve, but agreed with on the original figure after a conference with the House. General Assembly Papers, 1822, Box 2, folder 12, item 26. 1822 OF CONNECTICUT 199

An act in addition to an act, entitled “an act to secure the city of Hartford from damage by fire.”23 [Stat. Conn., May 1822, p. 22] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the following words shall be, and they are hereby added to the second section of said act: And also in all that part of said city, comprehended within the following limits, viz. Beginning at the north line of said city, and thence proceeding southwardly, and including all the extent from said north line, within fifteen rods of either side of Main-Street, as far southwardly as the bank of the little river in said city.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30, 1822. Approved. Oliver Wolcott.

An act in alteration of an act, entitled “an act incorporating the cities of Hartford, New-Haven, New-London, Norwich, and Middletown.”24 [Stat. Conn., May 1822, p. 23] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the next annual meeting of the city of Norwich, for electing the officers of said city, shall be on the first monday of June next, at the usual place of holding said meetings; and one each year thereafter, in the month of June, at such time and place, as by the by-laws of said city, shall be directed. Sec. 2. The powers of the officers of said city, elected at their last annual meeting, be, and the same are hereby continued and confirmed, until the first Monday in June next.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 8 1822. Approved. Oliver Wolcott.

23. The basic statute dealing with fire prevention in Hartford and New Haven specified the areas subject to regulation. During the drafting process the “bank of the little river in said city” was substituted for another boundary. Stat. Conn., 1821, p. 123; General Assembly Papers, 1822, Box 2, folder 12, item 31. 24. The basic title on incorporated cities provided that Norwich’s annual meeting be held in July. Stat. Conn., 1821, p. 110. 200 PUBLIC RECORDS May,

An act in addition to an act, incorporating the Boroughs of Bridgeport, Stonington, Guilford, Killingworth and Essex.25 [Stat. Conn., May 1822, p. 23] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the Warden and Burgesses, in each Borough, shall have power to form, continue, and regulate one fire company, in addition to the one already authorized in the fourteenth section of the aforesaid act, with all the powers granted in the said fourteenth section.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822. Approved. Oliver Wolcott.

An act in addition to an act for constituting and regulating courts, and for appointing the times and places of holding the same.26 [Stat. Conn., May 1822, p. 24] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the town of Chaplin, in Windham county, shall be, and is hereby annexed to the probate district of Windham.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 29 1822. Approved. Oliver Wolcott.

An act in addition to an act, entitled “an act prescribing the number of Jury-men for each town in this state.”27 [Stat. Conn., May 1822, p. 24] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the town of Chaplin, in the county of Windham, shall be, and is hereby entitled to select four Jurymen, in the manner, and for the purpose, prescribed in the act for regulating civil actions.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31 1822. Approved. Oliver Wolcott.

25. The section allowing each borough one fire company can be found in the basic title on boroughs in the new state statute book: Stat. Conn., 1821, p. 102. 26. This and the following act were related to the incorporation of the town of Chaplin at the present session: below, pp. 230–32, 230n. 27. The title on jurors can be found in Stat. Conn., 1821, pp. 298–99. 1822 OF CONNECTICUT 201

An act to annex the town of Orange to the Probate District of New-Haven, and prescribing the number of Jurors for said town.28 [Stat. Conn., May 1822, p. 25] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the town of Orange be, and the same is hereby annexed to, and made a part of the probate district of New-Haven. Sec. 2. Be it further enacted, that said town shall choose the number of six Jurors, in the same way and manner, as other towns in this state, are enabled by law to do.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 30 1822. Approved. Oliver Wolcott.

28. This act was related to the incorporation of the town of Orange at the present session: below, p. 232–34, 232n. 202 PUBLIC RECORDS May,

An act to incorporate the Windham county Bank.29 [Stat. Conn., May 1822, pp. 25–29] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the stockholders of the Windham county Bank, their successors and assigns, shall be, and remain a body politic and corporate, by the name of “The President Directors and Company of the Windham county Bank,” and by that name shall be capable in law to purchase and hold all kinds of property, real and personal, and the same at pleasure to sell and convey; to sue and be sued, in all courts whatever, to have and use a common seal, such as they may devise, and to make and carry into effect, all such by-laws and regulations as may be deemed expedient, for the proper management of the affairs of the corporation, not repugnant to their charter, the laws of the state, or of the United States; and generally, to do and cause to be executed all such acts and things as to them may appertain, subject to the provisions herein contained. Sec. 2. The capital stock of said bank shall consist of one thousand shares, each share being one hundred dollars, which shall be transferable according to such rules as may be established by the directors. And whenever payment of

29. In a March 11, 1822 petition, Vine Robinson and other inhabitants of Windham County requested this action; a legislative committee approved the request in a detailed report. These documents contain interesting perspectives on banking and economic growth in the state. The petitioners and the committee pointed to the county’s flourishing agricultural and manufacturing sectors; the latter included many cotton and wool factories that shipped fabrics to the southern and western United States. Despite its growing economic power, the county itself lacked a bank and was obliged to invest its capital in and receive financial services from banks in Rhode Island and elsewhere; it would be to the advantage of the county and the state as a whole for it to have its own banking facilities, necessary in these days of far-flung business operations, since the county was sufficiently prosperous to provide the capital. Although the request was ultimately successful, both the petition and the committee report were filed in the Rejected Bills, Box 6, 1821–1824, folder 3, 1822, items 6–8. The General Assembly Papers (1822, Box 2, folder 12, item 22) contains two versions of this act. The Senate rejected the original bill (which might explain the location of the petition and report in the Rejected Bills), but on reconsideration erased the entire text after the first enacting clause and substituted the present version; it was adopted with only a few minor stylistic changes, including the replacement of “Bank of the County of Windham” with “Windham County Bank.” There were numerous differences between the two versions; we have noted the most significant. Original section 1 contained a listing by name of the bank’s promoters. The new section 2 substituted an expanded version of the second sentence. Section 3 was new in the act as adopted and the subsequent sections were renumbered. Section 4 omitted a provision that directors must be Connecticut citizens. Section 5 substituted the second Monday for the second Tuesday; ten days’ notice for fifteen days’ notice; and two months for three months. The sixty vote limit was also added. Section 6 specified that the senior director would preside in the president’s absence. Section 9 omitted a phrase, “and all Notes issued by said Bank shall be paid at the Bank on demand in gold or silver coin,” added at some point to the original bill after “inland bills of exchange.” Sections 9 and 10 in the original bill, which contained arrangements for stock payments, had been superseded by the new section 3 and were dropped. Sections 10 and 11 of the law were new additions. Section 12 had first appeared as an amendment to the original bill in a slightly different form. 1822 OF CONNECTICUT 203

the original subscription of one thousand shares has been made, the stockholders, at a general meeting, may authorize the directors to open a new subscription for such sum as they may deem expedient, not exceeding one thousand shares; and it shall be the duty of the directors to present a resolution to the then next General Assembly, who will appoint commissioners to receive said subscription, in the same manner as the original subscription was made. Sec. 3. That subscriptions towards constituting the capital stock of said bank, shall be opened on the last Monday of June next, in the town of Brook- lyn, in the county of Windham, under the superintendence of five commissioners, viz. Dixon Hall, John S. Peters, David Keyes, Nathan Johnson and Ebene- zer Stoddard; and at such other time or times as they shall deem necessary and proper, and of which they shall give at least fifteen days notice, in the newspaper printed in the town of Brooklyn aforesaid, or such other paper as they shall think proper; and to call the first meeting of the stockholders for choosing directors, who shall continue in office till the second Monday of June, A.D. 1823 at which time there shall be a new election of directors, to continue in office one year from that time; and the annual meeting of the stockholders shall be ever thereafter holden on the second Monday of June, in each year. There shall be paid in such manner, and at such time as the commissioners shall direct, twelve dollars and fifty cents on each share, and twelve dollars and fifty cents on each share, every ninety days thereafter, until seventy five thousand dollars shall have been paid in; and the residue of said capital shall be paid in at such time, and in manner as the directors shall determine: And all the payments of said instalments shall be made in gold or silver coin, or in bank notes of any bank in the state of Connecticut, or in bank notes of the town of Providence, or the cities of New-York and Boston, or in notes of the Bank of the United States, provided they are at par value in this state, at the time of payment of the aforesaid instalments. If the subscription shall exceed one thousand shares, the commissioners shall reduce the number of shares to one thousand, for which purpose it shall be their duty to make all necessary enquiries, and to apportion the shares in such manner, and to such persons as to them may appear proper, having regard to the interest of the bank, and the accommodation of the public. But no person or partnership shall subscribe for, or hold more than sixty shares in the stock of said bank. In case of failure to pay in the first instalment, the subscription shall be void; and in failure of payment of the second instalment, the first shall be forfeited to the bank; and in case of failure to pay any subsequent instalment, the party failing shall loose the benefit of any dividend accruing at the time said payment shall have been delayed. And no subscriptions, made bona fide, for the benefit of the person subscribing, for any number of shares, not exceeding ten, shall be reduced below that number, until all subscriptions shall be reduced to that number, and if any further deduction shall be necessary, the same shall be made at the discretion of the commissioners. 204 PUBLIC RECORDS May,

Sec. 4. For the well ordering of the affairs of the corporation, there shall be thirteen directors, who shall be elected annually by the stockholders, in general meeting. None but stockholders shall be eligible as directors: At their first meeting, after each election, the directors shall choose one of their number for president. And whenever the place of president or director shall become vacant by resignation or otherwise, the same may be supplied by the choice of the directors, for the remainder of the year. All elections for president or directors, shall be by ballot. Sec. 5. A general meeting of the stockholders shall be held on the second Monday of June, annually, when directors shall be chosen. A general meeting may be called, whenever the board of directors shall think proper, and ten days notice previous to any general meeting, whether stated or special, shall be given in a newspaper published in said county, or in such manner as the directors may order. All stockholders shall be entitled to vote at a general meeting, in person or by proxy, and one vote shall be allowed to each share; provided that no stockholder shall have more than sixty votes. But no share or shares in said bank, shall give to any stockholder, a right to vote, unless the same shall have stood in his or her name, on the books of the company, at least two calendar months, previous to the time of voting, after the first election. Sec. 6. Not less than three directors shall constitute a board for transacting the business of the bank, of whom the president shall always be one, except in case of sickness or necessary absence, when the senior director present shall preside. No director shall be entitled to any emolument for attending to the duties of his office, excepting the president, who shall receive such compensation as the board of directors may judge reasonable, for his extra services, beyond those of the directors. Sec. 7. A cashier, and such other officers and agents as may be requisite for performing the business of the corporation, shall be appointed, and their compensation shall be regulated by the board, who may determine the securities to be given by any of them, for the faithful performance of any of their trusts. Sec. 8. The board of directors shall have the disposal and management of the monies, credit, and property of the bank, with power to regulate the concerns thereof, in all cases not herein otherwise provided for. But the corporation shall not trade in any thing except bills of exchange, gold or silver bullion, or the sale of goods pledged for money lent, and not redeemed in due time; or in lands necessarily taken for security of debts previously contracted. Nor shall the corporation take more than at the rate of six per cent per annum premium for, or upon its loans; and dividends of such parts of the profits as the directors may judge proper, may be made semi-annually. The debts of the corporation, whether by bill, bond, or note, shall not at any time exceed fifty per cent over and beyond the amount of the capital stock, actually paid in, and of the monies deposited in the bank for safe-keeping. 1822 OF CONNECTICUT 205

Sec. 9. The bills or notes of the corporation, signed by the president and countersigned by the cashier or treasurer thereof, promising the payment of money to any person, or order, or to bearer, shall be obligatory on the corporation, according to the tenor thereof, and shall be assignable, according to the custom of merchants, and the laws relating to inland bills of exchange. And all negotiable notes, duly executed, may be indorsed to the bank, in the same manner, and on the same principles, as to individuals. And the bank may sue thereon, for the recovery of the money.— Sec. 10. That in addition to the subscription herein before authorized, the state of Connecticut shall have right at any time, to subscribe to said bank, at the rate of one hundred dollars for each share; and whenever the state shall have subscribed five hundred shares, and paid for the same, they shall have the right of appointing two additional directors to said bank. Sec. 11. That in further addition to the subscriptions herein authorized, the said bank, shall, at all times, be open for subscriptions, at the rate of one hundred dollars for each share, from the school-fund of this state, or from the funds of any college, ecclesiastical society, school or corporation, for charitable purposes, within this state; provided nevertheless, that the share so subscribed, shall not be transferable, but may at any time be withdrawn on six months notice to the directors; and that the shares so subscribed, and those subscribed by the state, shall never exceed the share subscribed by individuals. Sec. 12. That this act, or any part thereof, may, at any time, be altered, amended, or revoked, by the General Assembly.

May Session, 1822. Seth T. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 28 1822. Approved. Oliver Wolcott. 206 PUBLIC RECORDS May,

An act to incorporate the Stonington Bank.30 [Stat. Conn., May 1822, pp. 29–32] Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that the stockholders of the Stonington Bank, in Stoning- ton Borough, their successors and assigns, shall be and remain a body politic and corporate, by the name of the “President, Directors and Company of the Stonington Bank,” and by that name, shall be capable in law, to purchase and hold all kinds of property, real and personal, and the same at pleasure to sell and convey; to sue and be sued, in all courts whatever; to have and use a common seal, such as they may devise; and to make and carry into effect, all such by-laws and regulations as may be deemed expedient, for the proper management of the affairs of the corporation, not repugnant to their charter, the laws of this state, or of the United States; and, generally, to do and cause to be executed, all such acts and things as to them may appertain, subject to the provisions herein contained. Sec. 2. The capital stock of said bank shall consist of one thousand shares, each share being fifty dollars; which shall be transferable according to such

30. In a petition dated December 25, 1821, the promoters of the bank pointed to Stonington’s prosperity, the booming state of its fisheries, and the growth of the town’s sealing business in the southern hemisphere; eleven sealing vessels were currently at sea and two others were being built. More capital was needed for these enterprises, but Stonington was far removed from banking facilities. In addition, reliance on Rhode Island and New York banks deprived Connecticut of tax income on bank stock. Hence the promoters requested incorporation under the name of the Monroe Bank. The petition was presented by Elisha Faxon, who had signed an earlier unsuccessful petition in 1821 for a bank and who was now a representative for Stonington. A legislative committee agreed with the petitioners, noting that there was sufficient economic activity to sustain a bank and observing that there was no place in the state where as much business was done without a bank as Stonington. In a May 10, discussion, Faxon noted that inhabitants of Stonington had for years been requesting a bank and summarized the arguments in favor. He was countered by Timothy Babcock of Colebrook, who opposed the creation of any new banks; as an alternative, he suggested that the branch of the Phoenix Bank currently in Litchfield be moved to Stonington. The legislators, however, approved the petitioners’ request. The Senate made a number of substantive and stylistic changes to the bill, with which the House concurred. Many of these were minor and some of them were apparently intended to make the act consistent with the previous act on the Windham County Bank; others involved the re- numbering of sections following the addition of new ones. Hence we have noted only important changes unique to this act. In three places the name “Stonington” was substituted for “Monroe.” In section 2 the number of shares was reduced from four thousand to three thousand. In section 3, Enoch Burrows, Elisha Faxon, Edward Fanning, George Hubbard, and Samuel F. Denison were replaced as commissioners by Hall, Barber, Taintor, Rockwell, and Smith. In the same section, the number of shares allowed was reduced from eighty to sixty. Original section 9, allowing the board of directors to suspend stock payments, was deleted at some point in the legislative process. As in the act on the Windham County Bank, sections 10 and 11 were added to the bill. General Assembly Papers, 1822, Box 2, folder 16, item 22: House Proceedings of May 17 [i.e., 16], 1821: Mirror, May 21, 1821; see also Mercury, May 29, 1821; House Proceedings and Debates of May 8, 10, 1822: Courant, May 14, 1822. 1822 OF CONNECTICUT 207

rules as may be established by the directors. And whenever payment of the original subscription of one thousand shares has been made, the stockholders, at a general meeting, may authorize the directors to open a new subscription, for such sum as they may deem expedient, not exceeding three thousand shares. And it shall be the duty of the directors to present the said resolution to the next General Assembly, who will appoint commissioners to receive said additional subscriptions, in the same manner as the original subscription was made. Sec. 3. That the subscriptions towards constituting the capital stock of said bank, shall be opened at Stonington Borough, for the said one thousand shares, under the superintendence of five commissioners, viz. Dixon Hall, Noyes Bar- ber, Roger Taintor, Charles Rockwell, and Chester Smith, at such time or times, not exceeding sixty days after the rising of this Assembly, as they may deem proper, and of which they shall give at least fifteen days public notice, in all the newspapers printed in New-London county; and the said commissioners or a major part of them, are hereby authorized to receive told or silver coin, bank bills of incorporated banks in this state, and bills of the Phoenix and Washing- ton banks in Westerly, Rhode Island, should they be and remain at par value, at the time of subscribing; and to call the first meeting of the stockholders for choosing the directors, who shall continue in office until the annual election, next thereafter ensuing; there shall be paid at the time of subscribing, in such manner as the commissioners may determine, five dollars on each share, and seven dollars and an half on each share, within ninety days after opening the subscription, and six dollars and one quarter, on each share, at the expiration of each one hundred and twenty days thereafter, until the whole shall be paid. And all the payments of said instalments, shall be made in gold or silver coin, or bank notes of the description aforesaid. If the subscription should exceed one thousand shares, the commissioners shall reduce the number of shares to one thousand, for which purpose it shall be their duty to make to make all necessary enquiry and to apportion the shares in such manner, and to such persons as to them may appear proper, having regard to the interest of the bank, and the accommodations of the public. But no person or partnership, shall subscribe for, or hold more than sixty shares in the stock of said bank. In case of failure to pay the sum of seven dollars and fifty cents as aforesaid, on any share, the sum of five dollars, paid thereon at the time of subscribing, shall be forfeited to the bank, and the subscription shall be void. And in case of failure to make any subsequent payment, the party failing, shall loose the benefit of any dividend accruing during the time such payment shall have been delayed; and no subscription, made bona fide, for the benefit of the person subscribing for any number of shares not exceeding six, shall be reduced below that number, until all subscriptions shall be reduced to that number, and if any further deduction shall be necessary, the same shall be made at the discretion of the commissioners. 208 PUBLIC RECORDS May,

Sec. 4. For the well ordering of the affairs of the corporation, there shall be thirteen directors, who shall be elected annually from the stockholders, in general meeting. None but stockholders shall be eligible as directors. At their first meeting, after such election, the directors shall choose one of their number for president; and whenever the place of president or director shall become vacant, by resignation, or otherwise, the same may be supplied by the choice of the directors, for the remainder of the year. All elections for president and directors, shall be by ballot. Sec. 5. A general meeting of the stockholders shall be holden on the first Monday of September annually, when directors shall be chosen. A general meeting may be called, whenever the board of directors shall think proper; and ten days notice previous to any general meeting, whether stated or special, shall be given in a newspaper published in New-London county; and in such other manner, as the directors may order. All stockholders shall be entitled to vote at a general meeting, in person or by proxy, and one vote shall be allowed to each share; provided, that no stockholder shall have more than forty votes; but no share or shares in said bank shall give to any stockholder, a right to vote, unless the same shall have stood in his name, on the books of the bank at least two calendar months previous to the time of voting, after the first election. Sec. 6. Not less than three directors shall constitute a board for transacting the business of the bank, of whom the president shall always be one, except in case of sickness, or necessary absence, when the senior director present shall preside. No director shall be entitled to any emolument for attending to the duties of his office, excepting the president, who shall receive such compensation as the board of directors may judge reasonable, for his extra services beyond that of other directors. Sec. 7. A cashier, and such other officers and agents, as may be requisite for performing the business of the corporation, shall be appointed, and their compensation shall be regulated by the board, who may determine the securities to be given by any of them, for the faithful performance of any of their trusts. Sec. 8. The board of directors shall have the disposal and management of the monies, credits, and property of the bank, with power to regulate the concerns thereof, in all cases not herein otherwise provided for. But the corporation shall not trade in any thing except bills of exchange, gold or silver bullion, or in the sale of goods, pledged for money lent and not redeemed in due time, or in lands necessarily taken for security of debts previously contracted; nor shall the corporation take more than at the rate of six per cent per annum premium, for, or upon its loans; and dividends of such parts of the profits as the directors shall judge proper, may be made semi-annually. The debts of the corporation, whether by bill, bond, or note, shall not at any time, exceed fifty per cent over and beyond the total amount of the capital stock actually paid in, and of the monies deposited in the bank, for safe keeping. 1822 OF CONNECTICUT 209

Sec. 9. The bills or notes of the corporation, signed by the president, and countersigned by the cashier or treasurer thereof, promising the payment of money to any person, or order, or to bearer, shall be obligatory on the corporation, according to the tenor thereof, and shall be assignable according to the custom of merchants, and the laws relating to inland bills of exchange. And all negotiable notes duly executed, may be indorsed to the bank, in the same manner, and on the same principles, as to individuals: And the bank may sue thereon, for the recovery of the money. Sec. 10. That in addition to the subscription herein before authorized, the state of Connecticut shall have a right, at any time, to subscribe to the said bank, at the rate of fifty dollars for each share; and whenever the state shall have subscribed five hundred shares, and paid for the same, they shall have a right of appointing two additional directors of said bank. Sec. 11. That in further addition to the subscriptions herein before authorized, the said bank shall at all times be open for subscriptions, at the rate of fifty dollars for each share, from the school-fund of this state, or from the funds of any college, ecclesiastical society, school, or corporation for charitable purposes, in this state. Provided nevertheless, that the shares so subscribed, shall not be transferable, but may at any time be withdrawn, on six months notice to the directors; and that the share so subscribed by the state, shall never exceed the shares subscribed by individuals. Sec. 12. That this act, or any part thereof, may at any time be altered, amended, or revoked by the General Assembly.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 27 1822. Approved. Oliver Wolcott. 210 PUBLIC RECORDS May,

An act to protect the citizens of Connecticut in their right to navigate boats or vessels moved by fire or steam.31 [Stat. Conn., May 1822, pp. 33–35] Whereas the Legislature of the state of New-York, have passed, and continue to enforce, sundry acts, giving to certain persons of that state, their associates and assigns, heirs and representatives, the sole and exclusive right of navigating all the waters claimed by that state, with boats or vessels moved by fire or steam, and have secured the observance of said laws by severe penalties and forfeitures; and whereas said laws operate to exclude the citizens of Connecticut from the free navigation of Long Island Sound, and the East river, communicating with the Atlantic ocean and our sister states; Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, that no person or persons, their heirs or assigns, claiming a right under the aforesaid laws, or any of them, shall navigate, or bring within the waters of this state, or the jurisdiction thereof, any boat or vessel, moved by fire or steam, on the penalty of five hundred dollars, for the first offence; and for the second offence, on penalty of ten thousand dollars. Sec. 2. Be it further enacted, that no such person or persons shall, by means of any such boat or vessel, convey away, bring into, or land, or be concerned in any manner, in carrying away, bringing into, or landing any passenger or passengers, within the jurisdiction of this state; nor shall any person or persons convey to, or take from any such boat or vessel, any passenger or passengers, on penalty of one hundred dollars for each passenger. To the end that this law may not be evaded; Sec. 3. Be it further enacted, that so long as said laws remain in force, every boat or vessel, moved by fire or steam, which now is, or hereafter may be, by the persons claiming the exclusive privileges secured by said laws, suffered freely and openly to navigate the waters claimed by said state of New-York, to and from any port or place in said state, and which boat shall not be by said persons holding and claiming said exclusive privileges, compelled, by process of law, or

31. For the context of this act, see above, pp. xxvii–xxviii. Several alterations to the bill were made during the legislative process. In the preamble, the word “persons” was substituted for “citizens,” the word “exclude” for “deprive,” and the phrase “from the free” for “of the free exercise of their just right to.” The legislature also substituted the $10,000 penalty on the second offense for the forfeiture of the vessel or its value in money in section 2 and added the sentence “But such suspension . . . or pending” to the final section. General Assembly Papers, 1822, Box 2, folder 11, item 14. The bill originally passed the House by a vote of 174–11; the roll call is below, p. 327. Fol- lowing the Governor Wolcott’s veto, the House passed the bill again by a vote of 167–21. Jeremiah Hoadley, Nathan Johnson, Abner Reed, Rufus Hitchcock, Joel Loomis, Edmund Badger, Benajah Douglass, Asa Goodwin, Jonathan Coe, Jr., and Ebenezer Hayden joined the original eleven dissenters. For the full roll call, see House Journal, May 28, 1822. In the upper house, state senators John S. Peters, David Hill, Orange Merwin, David Plant, Dixon Hall, Austin Olcott, Elisha Phelps, Lemuel Whitman, and William Moseley voted for the act; Frederick Wolcott, Elias Perkins, and William Randall voted against. Senate Journal, May 28, 1822. 1822 OF CONNECTICUT 211

otherwise, to desist from such navigation, shall be deemed and adjudged to be within the meaning of this act, and subject to all the penalties thereof. Sec. 4. Be it further enacted, that all the penalties imposed by this act, shall belong, one half to the person or persons who may sue for and recover the same, on due process, before any court proper to hear and try the same, with costs of suit; and the other half to the Treasurer of this state; in which suit or suits, the plaintiff or plaintiffs may attach the vessel or boat employed in violating this act, and hold the same as security for such penalties or forfeitures, and costs; and unless the same are otherwise secured or paid, cause said vessel or boat to be sold on execution, according to law, for the payment thereof. Sec. 5. Be it further enacted, that this act shall continue in force so long as said acts of said state of New-York continue in force, and no longer. Provided, however, that the operation of this act shall be suspended, whenever, and so long, as those who have the right under said laws of the state of New-York, shall lodge and continue with the Secretary of this state, a licence, by them legally executed, allowing all the citizens of the state of Connecticut to navigate, from any part or place in this state, in the waters of Long Island Sound, the East river, so called, and the ports and habours thereof, to that part of the city of New-York which borders on the Sound and East river, and north of White-Hall Slip, with boats or vessels, moved by fire or steam, as freely as though said acts had never been passed, and in like manner to navigate, with such boats or vessels, from that part of the city of New-York, above described, through the East river and Long Island Sound, to any port or place in this state. But such suspension shall not affect any suit or action then commenced, or pending. And said licence, when duly executed, as lodged as aforesaid, the Secretary shall immediately cause to be published in all the newspapers of this state: And if said licence shall at any time be withdrawn, the like notice shall be given as aforesaid; and this act shall immediately, thereupon, revive, and be and remain in full force. And provided also, that this act shall not extend to no boat or vessel in distress; nor to the landing of any passenger whose life or health shall require, that he shall be immediately landed. May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. House of Representatives, May Session, 1822. Returned to this house, by His Excellency the Governour, with his reasons against the passage of the bill, and on reconsideration, the bill again passed. Attest. N. Johnson, clerk. In Senate, May Session, 1822. Received from the House of Representatives, with the objections made by the Governour; —On reconsideration, approved. Attest. W .W. Boardman, clerk.— 212 PUBLIC RECORDS May,

An act in addition to an act, entitled “an act to provide for the assessment and collection of Taxes.”32 [Stat. Conn., May 1822, p. 35] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the houses and lands, with the appurtenances thereof, belonging to the United States, or to this state, the houses and buildings with the appurtenances thereof, belonging to any county, town, city, or borough, and the buildings occupied as colleges, academies, school-houses, churches, or infirmaries, shall be assessed, set in separate lists, and exempted from taxation.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 23 1822. Approved. Oliver Wolcott.

An act in alteration of an act, entitled “an act for the assessment of Taxes.”33 [Stat. Conn., May 1822, p. 35] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the sixth section of said act be, and the same is hereby repealed.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31 1822. Approved. Oliver Wolcott.

32. The major act on taxation passed in 1819 contained the following language under Section 14: Houses, lands, or lots, with the appurtenances thereof, belonging to the United States, or to this state, or to any county, town, city, borough, incorporated academy, college, religious society, school, school society or district, or corporation instituted for pious or charitable purposes in this state, shall be assessed, and set in separate lists, and exempted from taxation. This section was not included in the basic title on taxation in the revised statute book adopted in 1821: see S.R., XX, 37; Stat. Conn., 1821, pp. 444–56. The bill for the present act initially restored those provisions almost verbatim, but the Senate substituted the present wording, which most significantly omitted the exemption for the lands of non-state or federal entities; the Senate’s revision also substituted “churches” for “religious societies.” The House concurred after a conference. General Assembly Papers, 1822, Box 2, folder 12, item 29. 33. For the significance of this act, see above, pp. xlii–xliii. The Senate initially rejected the bill, but concurred with the House in its approval following a conference. General Assembly Pa- pers, 1822, Box 2, folder 12, item 28. 1822 OF CONNECTICUT 213

An act in addition to an act relating to the office and duty of the Secretary of the state.34 [Stat. Conn., May 1822, p. 36] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that it shall be the duty of the Secretary to transmit three copies of the public acts of this state, hereafter published, to the executive of each state in the union, of which, one copy shall be for the use of the executive, one for the use of the Senate, and one for the use of the House of Representatives of such state; one copy to the clerk of the Supreme court of the United States, for the use of such court; one copy to the Librarian of the Library of Congress, to belong to such Library. May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31 1822. Approved. Oliver Wolcott.

An act to correct certain mistakes in the revised statutes.35 [Stat. Conn., May 1822, pp. 36–37] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that in the public statute book, in page 156, line 5th from the top, the word “utter” shall be read, instead of the word “alter”: that in page 394, line 11th from the bottom, shall be read the words “one dollar,” instead of “fifty cents”: that in page 442, line 18th from the bottom, the word “or” shall be read, instead of the word “and,” next before the words “the civil authority”: that the provisions of the 17th section of the act for encouraging and regulating Fisheries, shall extend to Ousatonic, Quinebaug, Shetucket, Willimantic and Nachaug rivers; and that the 21st section of said act shall extend to New- Haven East river, below Doolittle’s mills: that in page 332, line 11 from the bottom, the word “heretofore” shall be expunged: That in page 370 in line 9 and 10 from the bottom, instead of the words “but for the time in which notice is required,” shall be read the words “for the time in which notice is neglected.”

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. May 31 1822. Approved. Oliver Wolcott.

34. The Senate initially wanted to change this action from an act to a resolution and add the adjutant general of the Connecticut militia to the list, but concurred with the House in its original version after a conference. General Assembly Papers, 1822, Box 2, folder 12, item 35. For the basic title on the state secretary, see Stat. Conn., 1821, pp. 408–9. 35. For the revised state statute book, see above, pp. xviii–xxi.This act made minor corrections in the titles relating to crimes and punishments, salaries and fees, taverns, fisheries, and paupers. The page references to Stat. Conn., 1821, are accurate. 214 PUBLIC RECORDS May,

An act in addition to the act relative to incorporated Banks.36 [Stat. Conn., May 1822, p. 37] Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the President and directors of the several banks incorporated by this state, shall, annually, on or before the 10th day of May, lodge in the office of the Controller of public accounts, to be by him laid before the General Assembly, a statement, under oath, of the cashiers of the several banks, of the amount of the capital stock of such banks, and of the debts due to the same; of the monies remaining in deposit therein; of the notes in circulation, and of the cash on hand; and, generally, of the state of the bank, on the first Monday of said month of May.

May Session, 1822. Seth P. Beers, Speaker of the House of Representatives. Jonathan Ingersoll, President of the Senate. Approved. Oliver Wolcott.

Ordered, that the Honourable William Moseley and Ralph I. Ingersoll, Es- quire, be a committee to present the thanks of this Assembly to the Right Rever- end Thomas C. Brownell, for his sermon delivered before this Assembly at the opening thereof, and to request a copy of the same that it may be printed.—37

Resolved by this Assembly, that a tax of one cent on the dollar upon the polls and taxable estate, as included and returned in the assessment list of 1821, be levied and collected in this state, as is, in such case, by law provided, payable into the Treasury by the 20th day of February 1823.

36. The basic title on incorporated banks can be found in Stat. Conn., 1821, pp. 64–90. The bill originally contained a first section prohibiting banks from issuing notes for less than the value of three dollars (changed from five at some point); this section was removed during the legislative process. The phrases “incorporated by this state” and “remaining in deposit” were added to the bill. The Senate initially rejected the bill, but concurred with the House in its passage after a conference. General Assembly Papers, 1822, Box 2, folder 12, item 25. 37. Thomas Church Brownell (1779–1865) graduated from New York’s Union College in 1804, becoming an ordained deacon and priest in the Episcopal Church. Consecrated bishop of Connecticut in 1819, four years later he co-founded and became the first president of Connecti- cut’s second college, Washington (later Trinity) College in Hartford. After leaving the college presidency, he remained presiding bishop from 1852 until his death. Rev. Hermon Griswold Bat- terson, A Sketch-Book of the American Episcopate (Philadelphia, 1878), pp. 89–90; Van Dusen, Connecticut, pp. 339–40, 362–63. An author of many works, he based his 1822 election sermon on Psalm 97, verse 1, “The Lord reigneth: let the earth rejoice.” It was printed as A Sermon, Ad- dressed to the Legislature of the State of Connecticut, at the Annual Election in New-Haven . . . (New Haven, 1822). 1822 OF CONNECTICUT 215

Resolved by this Assembly, that the dividends on the Bank stock owned by this state, which shall accrue before the first day of December 1822, be, and the same are hereby appropriated to defray the civil list expences, any law or resolve to the contrary notwithstanding.

Resolved by this Assembly, that where lands in the Western Reserve are hol[d]en in security, on the bonds of persons largely indebted to the school- fund, and such security can be exchanged for mortgages on real estate in this state, or the adjoining counties of Massachusetts, the commissioner of the school fund is hereby authorized to make such exchanges accordingly, and to advance money whenever it shall become necessary for that purpose; provided, the same be taken only from monies collected of the principal of school fund bonds, and the amount do not exceed one fourth of the value of the security to be taken in exchange: And provided also, that no money hall be advanced until a bond shall be executed for the amount of the debt for which the security on land in the Western Reserve, is thus to be exchanged, with the addition of the money to be advanced, and the whole to be secured by a mortgage on real estate of the description aforesaid, the bona fide value of which, shall be double the amount of such bond.

Upon the report of the commissioner of the School Fund, of May 27th 1822, it is Resolved by this Assembly, that the Commissioner of the School Fund be, and he is hereby directed to enquire into the facts in relation to the appraisal referred to in said report; and if he shall find, any of the purchasers of the lands of the School Fund, have been required to pay more therefor, than the fair value, the Commissioner be, and he is hereby authorized and empowered to extend to them such relief as to him shall appear to be just and equitable.— 38

Resolved by this Assembly, that the Controller of public accounts be directed to retain in his possession, twenty copies of the revised statutes, for the use of the Legislature; to deliver to the Secretary of the state, so many copies as will enable him to transmit one copy to each of the Judges of the Superiour court, and of the several county courts in this state; and three copies to the executive of each of the other states in the Union, for the use of the executive and the two branches of the Legislature [of] such state; and it shall be the duty of the controller to sell all the remaining copies of said statutes belonging to this state, and pay the avails thereof into the state Treasury.39

38. At some point during the drafting process the word “appraised” was deleted before “value.” General Assembly Papers, 1822, Box 2, folder 20, item 71. 39. This and the following three resolutions deal with the revised state statute book, for which see above, pp. xviii–xxi. Regarding compensation to the members of the committee of revision, 216 PUBLIC RECORDS May,

Resolved by this Assembly, that the controller be, and here hereby is directed to draw on the Treasurer in favour of the Honourable Zephaniah Swift, for the sum of three hundred dollars in full for his services in superintending the printing and publication of the revised edition of the statutes. Resolved by this Assembly, that the Controller be, and he hereby is directed to draw on the Treasurer in favour of Thomas Day, Esquire, for the sum of two hundred and forty dollars, in full for his services in superintending the printing and publication of the revised edition of the statutes. Resolved by this Assembly, that the controller be, and he hereby is directed to draw on the Treasurer in favour of the Honourable Lemuel Whitman, for the sum of sixty dollars, in full for his services in superintending the printing and publication of the revised edition of the statutes.

Resolved that the sheriff of New-Haven county, be directed to pay twelve dollars allowed for the expences of the officiating clergyman, on the election day.

Whereas it appears, that the Commissioners appointed to settle the boundary line between this state and the state of Massachusetts, east of Connecticut river, have not been able to come to an agreement with the Commissioners of that state; and whereas a suit is pending in the court of common pleas, in the county of Worcester, in that state, in which the jurisdiction of this state may be affected;40 Resolved by this Assembly, that Zephaniah Swift and Ebenezer Stoddard, Esquires, be appointed a committee to take such measures as they may deem proper, to defend in such suit, in case they find the rights or interests of this state may be affected thereby; and also, to cause suitable monuments to be erected, or old monuments to be renewed on the boundary line between this state and the state of Massachusetts, as reported by the Commissioners of this state to the present General Assembly, so far as may be necessary to preserve

a legislative committee observed that the financial arrangements made with the printer had been “favourable to the state” and noted the “very considerable labour” devoted by the committee to annotating, proofing, and indexing the volume; hence, the legislative committee recommended the additional sums adopted below. The editors of the Times, however, argued that the original compensation allowed in 1821 had been sufficient and opined that the $600 extra allowance amounted to “at least ten times of what their extra services were really worth.” General Assembly Papers, 1822, Box 2, folder 10, item 73; Times, June 11, 1822; above, pp. 67–68. The present editors will refrain from commenting on the value of what the Times described as “useless squandering” on editorial and publication services. 40. In 1820 the Assembly had appointed Swift and Stoddard, along with Daniel Burrows, as a commission to resolve a dispute over the boundary of the two states east of the Connecticut River: S.R., XX, liv, 305–6, 306n, 356. The commissioners’ report, referenced here, can be found below, pp. 219–29, 219n. 1822 OF CONNECTICUT 217

the rights and peace of the inhabitants bordering on said line; and to ascertain the line of jurisdiction of this state.—

Whereas the provisions of the act relating to the fishery in the Paucatuck river, which is the boundary line between the states of Connecticut and Rhode Island, were enacted by compact between the aforesaid states, and by mutual agreement, are not to be altered, amended or repealed, but by their joint consent, for which reason, in the late revision of the statutes of this state, the aforesaid provisions were not amended or revised, therefore,41 Resolved by this Assembly, that the Honourable Enoch Burrows and Wil- liam Robinson, Esquire, of Stonington, be appointed a committee, to confer with such committee as is, or may be appointed by the Legislature of the state of Rhode-Island, in relation to the Fishery in Paucatuck river, and report to the next session of the Legislature of this state, what alterations and amendments, if any, are necessary in said law.

Whereas Samuel G. Goodrich and Huntington and Hopkins propose to publish a new edition of the revised publick statutes of this state;42 Resolved by this Assembly, that Zephaniah Swift, Thomas Day and Lemuel Whitman, Esquires, be a committee to superintend the publication, to correct any errors that have intervened in printing said statutes; to incorporate therewith the public acts passed at the present session of the General Assembly, so far as may be consistent with the preservation of the pages of the present edition; and to annex the residue thereto, with the necessary alterations in the index; provided, that the same shall be done free from any expence to the state.

Resolved by this Assembly, that His Excellency Oliver Wolcott be requested to obtain information respecting the most useful flax-dressing machines, with

41. The provisions on the Pawcatuck River fishery in the revised 1821 statute book can be found in Stat. Conn. 1821, pp. 233–35; the reference to an interstate compact between Connecti- cut and Rhode Island derived from an act of May 1798, which in turn was based on negotiations and agreements by commissioners of the two states. S.R., IX, 185–87, 185–86n. For a general treatment of the Connecticut-Rhode Island boundary at the Pawcatuck, see Bowen, Boundary Disputes, pp. 45–49. 42. For the revised state statute book and the context of this resolution, see above, pp. xviii– xxi. The legislative files contain a copy of a letter from Goodrich and his associates, who had done the initial printing, to state secretary Thomas Day proposing to bring out a new edition with corrections. During the legislative process, the words “said statutes” were substituted for “the former edition.” General Assembly Papers, 1822, Box 2, folder 19, 62–63. We have found no evidence that the version authorized here was published. The next printing of the statutes appears to have been The Public Statute Laws of the State of Connecticut, as Revised and Enacted by the General Assembly, in May, 1821 . . . (Hartford, 1824), revised with additions and published by Huntington following a legislative act in May 1824; see the Advertisement page of the 1824 edition. 218 PUBLIC RECORDS May,

the expence of obtaining the free use of them for this state, and report the same with his opinion thereon to the General Assembly, at the next session.43

Resolved by this Assembly, that the Overseers of New-Gate prison are hereby authorized to employ a chaplain at said prison, at an expence not exceeding two hundred and fifty dollars per annum; and may also erect an additional building for the accommodation of said prison, without the walls thereof; and the sum of two hundred dollars is hereby appropriated for that purpose.44

Whereas the county and city of Hartford have granted three hundred dollars for the purpose of procuring a Bell to be fixed upon the state-house at Hartford; Resolved by this Assembly, that as soon as such bell shall be procured, without expence to this state, the Controller and the sheriff of the county of Hart- ford, shall be authorized to put up the same, surrounded with a suitable cupola and properly supported; and for the expence thereof, the Controller shall draw an order on the Treasurer, provided such expence do not exceed the sum of three hundred dollars.

Resolved by this Assembly, that Scott’s militia tactics as abridged by Lieu- tenant Colonel Pierce Darrow, containing a system of exercise and discipline for the Infantry and Riflemen, and the artillerist by the same author, containing a system of exercise and discipline for the Light and Horse Artillery, be, and they are hereby established as the exercise and discipline of the respective corps for which they are designed in this state.45

43. Governor Wolcott brought this matter to the Assembly’s attention in 1821, when the legislature had authorized an expenditure up to $200 to “introduce” the machine into the state: see above, pp. xxxix, 73, 73n. A legislative committee reported that they had heard from firms in New York and Philadelphia, including Chapman and Hawley, “inventors of a flax dressing machine.” The New York Agricultural Society might permit use for the fee of $1,500. They had also received news about a new machine invented near Albany, which was “less complicated and expensive.” Since the machine might be as beneficial as the cotton gin, the committee expressed the need for more information, which resulted in the present resolution. At some point during the legislative process the words “at their next session” were substituted for “at the commencement of the next meeting of the Legislature for the State of Connecticut.” The Senate substituted “Oliver Wolcott” for “the Governour” and the House concurred. General Assembly Papers, 1822, Box 2, folder 10, item 61. 44. The last authorization for chaplains’ pay was for $300. S.R., XX, 310, 310n. 45. For the context of this resolution, see above, p. xxiii. In May 1821 the Assembly had appointed Darrow to a committee on systems of exercise for the militia. The two other members of the committee recommended the adoption his two works at the present session, observing that U.S. General Winfield Scott’s regulations would be “too voluminous and expensive” for the officers to purchase. Above, pp. 72–73, 73n; General Assembly Papers, 1822, Box 2, folder 17, item 33. Darrow’s two manuals were Scott’s Militia Tactics; Comprising the Duty of the Infantry, Light- Infantry, and Riflemen (2nd ed., Hartford, 1821) and The Artillerist: Comprising the Drill without Arm, and Exercises and Movements of the Light and Horse Artillery . . . (2nd ed., Hartford, 1821). 1822 OF CONNECTICUT 219

Resolved by this Assembly, that Robert Fairchild and Ebenezer Seeley, Es- quires, be a committee to enquire into the condition of the Golden-Hill tribe of indians, and the state and management of their funds and property; and to make report thereon; and also, if they deem it expedient, as to what measures it may be proper to take for the future regulation of their concerns, to the next session of the General Assembly.46

To the Honourable General Assembly of the state of Connecticut, to be holden at New-Haven on the first Wednesday of May next; The commissioners appointed in May 1820, to ascertain the boundary line between the Commonwealth of Massachusetts and this state, east of Connecti- cut river, respectfully report,47 That the commissioners on the part of Massachusetts, in consequence of their public engagements, were not able to fix on a time for meeting, till the 20th of February 1821, when they proposed a meeting at Wrentham for the purpose of settling the principles on which the line should be run. As we were unacquainted with the claim on the part of that state, we thought it adviseable to meet them for that purpose, as it would probably expedite the business, to settle the principles before we commenced the actual survey. We accordingly met them at Wrentham, and agreed, that the line established, and the monuments erected by commissioners from both states, in 1713, should govern, so far as they could be ascertained, and where they could not be found, the practical jurisdiction should govern. We also agreed to meet on the 16th day of June, at Thompson, with surveyors and chainmen, for the purpose of running the line. We accordingly met at that time, and having ascertained, by unquestionable evidence, the north east corner of the state of Connecticut, we proceeded to make our survey to the westward; but as there was much difficulty in many

As Darrow explained in the introductions to the two works (pp. iv–v and pp. 5–6 respectively), he had revised both of them, incorporating the committee’s recommendations. 46. Many members of the Paugussett tribe had scattered inland from their original habitations in southwestern Connecticut during the late eighteenth century. Much of their land had been sold in subsequent years, including that at Golden Hill in Bridgeport; a small reservation remained at Turkey Hill on the Derby–Orange line, which was in turn sold in 1826. During the 1820s the “colored” community of Ethiope emerged in Bridgeport, including many Paugussetts. Charles Brilvitch, A History of Connecticut’s Golden Hill Paugussett Tribe (Charleston, S.C., 2007), pp. 20–31; Mandell, Tribe, Race, History, p. 24. 47. The commissioners reporting here had been appointed, along with Daniel Burrows, in 1820: see above, pp. 216–17, 216n. This lengthy report rehearses the entire history of Connecti- cut’s boundary with Massachusetts, tracing the current situation back as far as the seventeenth- century colonial grants and charters and to previous surveys of the line. This is a not the place for annotation of these matters, which are documented in the Colonial Records (C.R.) and previous volumes of the present series and analyzed in such secondary works as Bowen, Boundary Dis- putes; Roland M. Hooker, Boundaries of Connecticut (New Haven, 1933); and Van Dusen, Con- necticut, pp. 91, 93–94, to which we refer interested readers and researchers. 220 PUBLIC RECORDS May,

places, in finding the ancient monuments, and as the needle was often an uncertain guide, owing probably to the influence of minerals, we made a progress so much slower than our calculations, that when we had arrived at Quinebaug river in Union, some of the commissioners, who had made previous engagements, could proceed no further, at that time; and we adjourned to meet at Holland, in Massachusetts, on the 16th day of October; at which time we again met, and continued the survey of the line to Connecticut river. When the survey had been completed, we had a conference with the commissioners of Massachusetts, with a view to establish the boundary line between the states. In regard to those parts of the line where doubts and disputes had existed, and to settle which, the application for the appointment of commissioners was made, there would have been no difficulty: But the commissioners from Massachusetts, made a claim which had never before been heard of, and which being utterly unfounded, we did not think proper to accede to it. To explain the nature of this claim, and the point of disagreement, it is necessary to give a view of the original charters from which the title is derived, and the measures that have been taken to establish the divisional line. The grant of the territory composing New-England, was made in 1620, by James I to the Plymouth company, and was described to comprehend the land between the 40th and 48th degrees of north latitude, from sea to sea. The grant from the Plymouth company to the first settlers of Massachusetts, was bounded on the south, by a line three miles south of every part of Charles river, and extending west from the Atlantic Ocean to the South Sea. The first settlers of Connecticut, derived their title from the Plymouth company, by a grant from the Earl of Warwick President of the company, in 1631, and comprehends the land west from the Narragansett river, and one hundred and twenty miles on the sea coast, from sea to sea. This would lay on the grant to Massachusetts, but being of later date, must be considered as bounded on the north by it: And the charter granted to the colony of Connecticut, in 1662, bounds it by the line of Massachusetts on the north; so that the divisional line between the two colonies, was a line three miles south of every part of Charles river, running west from sea to sea. In 1642, the colony of Massachusetts appointed Nathaniel Woodward and Solomon Saffery, to run the south line, who established a station in Wrentham, three miles south of a pond, connected by a small brook, with Charles river, as southernmost part of Charles river; but distant about seven and a half miles from Charles river itself; thence running westward, they established Bissell’s house in Windsor, as the south bound on Connecticut river. Though this was done without the concurrence of the colony of Connecticut, yet Massachusetts proceeded to make grants and settlements in conformity to it. Against this line, Connecticut always objected; and from time to time, proposed a settlement pursuant to the charter: but to this Massachusetts would never consent; and would agree to run the line only on the condition, that 1822 OF CONNECTICUT 221

the station of Woodward and Saffery should be admitted to be true, and that the towns should remain to the colony by which they had been settled; and that for as many acres as either colony had granted beyond their line, an equivalent should be given in the property of as many acres of unimproved land. To these terms, Connecticut finally agreed; and in 1713, the line was run by Commis- sioners appointed by each colony. The following is the substance of their report: “We began at the stake and station of Woodward and Saffery in Wrentham, and ran west to Connecticut river. We made no monuments till we came in sight of Chaubunagungamug Pond, where upon the end of a large bald hill, from whence we could discover the buildings of Woodstock, and on the east side of said pond, we erected a large heap of stones; and proceeding west as aforesaid, by a line of marked trees, we passed along very near the south end of said pond, and erected another heap of stones, on the west side of the road leading from Oxford to Killingly, where stands a white oak tree marked, also a marked white oak tree and a heap of stones four perches east of Stony river; from thence to a heap of stones on the west side of the road from Woodstock to Oxford; then crossing Quinebaug river, we erected another heap of stones on the east line of the town of Woodstock, at about one hundred and twenty perches southward from the northeast corner thereof; from thence to a large white pine marked, standing near the northwest corner of Woodstock township, at the root of which, we laid a quantity of stones. From thence, we extended the line over the mountains, marking sundry trees, and erecting sundry heaps of stones, particularly, on a large hill called East Hill, and on the East and West mountains, and by marked trees, through the plain to Longmeadow in Springfield, at about one hundred and sixty perches north from the mouth of Longmeadow brook. We have also measured Enfield, beginning at the mouth of Longmeadow brook, south six miles, east by the needle, ten miles, to east side of the mountains; then N. 13o east to the line brought from Wrentham, at the intersection whereof, we have made a heap of stones, at the foot of the mountain eastward.” On running this line, it was ascertained, that Bissell’s house in Windsor, was ten miles and ninety five rods below the point at which they struck Connecticut river, and that a principal part of the towns of Enfield and Woodstock had been laid out by Massachusetts within the limits of Connecticut; the quantity of land as ascertained by the Commissioners, being seventy nine thousand seven hundred and eighty five acres, for which an equivalent was given in other wild lands. In 1734, there was a perambulation of this line by commissioners from both colonies; and William Dudley was one of the commissioners from Massachu- setts, in both instances. The substance of their report is as follows: “Having met at a heap of stones eastward of Chaubunagungamug Pond, being the first monument mentioned in the report of the riding commissioners, 1712, and made one monument being a heap of stones, near four-score 222 PUBLIC RECORDS May,

perches eastward thereof, being the northeast corner of the colony aforesaid; thence we continued the line west, allowing ten degrees to the northward for the magnetic variation, we run by many other marked trees and monuments, a little southwest of the said pond, to a heap of stones eastward of the path from Oxford to Killingly, and thereon marked a stone M, on the north, and C on the south side thereof; and then continued the said line between the house and barn of Nathaniel Brown, by sundry marked trees and other monuments, to a white oak tree four perches east of Stony river, marked by the former commissioners, M.C. as aforesaid, with other letters; from thence, continued by sundry marked trees and other monuments, to a heap of stones eastward of the road from Oxford to Woodstock, and one hundred and twenty six rods southward of the northeast corner of said town of Woodstock: these marks being all mentioned in said report of 1713; from thence, by the bounds of Woodstock to the southeast corner thereof; thence to the southwest corner; thence, on a strait line to the northwest corner of said town, running north seven degrees east; and in the west bounds are erected seven large heaps of stones, viz. one at the end of one mile and forty perches from the southwest corner; the second, at the end of two miles; the third, on the top of Sugar Loaf Hill; the fourth, at the end of four miles; the fifth, at the end of five miles; the sixth, at the end of six miles; the seventh, at the end of forty one rods northward of the seventh mile, being a large heap of stones, and is about one hundred and ninety six perches south of a large pine tree, with stones about it, made mention of in the said report of 1713, and sixty six perches south of the said northwest corner of Woodstock: from this pine tree we continued the course west, allowing the aforesaid variation, by a line of marked trees, to a heap of stones in the east side of the road from Woodstock to Brimfield, made by former commissioners, though not in their report mentioned; thence by marked trees and monuments, over Quinebaug river, to a heap of stones on the west side of the path from Brimfield to Union; and continuing the same course, we erected a heap of stones round a white oak staddle on the west side of the path from Brimfield to Stafford; and from thence to a heap of stones on a high bald hill, made 1713; thence to a path running north and south, on the west side whereof, we erected a large heap of stones; thence to a heap of stones on East-Hill; thence to a heap of stones on the top of East-Mountain; thence to a heap of stones at the foot of West-Mountain; these monuments being made by former commissioners; and the last-mentioned is the east bound of Enfield, and northwest corner of Stafford; and between all the marks and monuments in the report mentioned, there are marked trees and many other monuments, either made by us or the former commissioners.” The town of Enfield, comprehending the present town of Somers and Woodstock, were agreed to remain within the jurisdiction of Massachusetts; but being dissatisfied therewith, in the year 1747, they with Suffield, made an application to the Legislature of Connecticut, praying to be received as a part 1822 OF CONNECTICUT 223

of that colony, claiming, that they were within the limits of the royal charter to that colony; and that they could not be put into another colony without the consent and approbation of the King. The Legislature appointed commissioners to treat with Massachusetts on the subject without success; and in 1749, passed an act declaring that all the inhabitants of said towns south of the colony line, were within the limits, and entitled to the privileges of the government. It is understood, that Massachusetts kept up a claim of jurisdiction to these towns till the revolutionary war; and that it has been since abandoned. These towns having been granted and settled by Massachusetts, before the colony line was run, were laid out partly in each colony; and having left Mas- sachusetts without their consent, the boundary line between them, and that state, has never been settled. In Enfield there has been some uncertainty, but no very serious difficulties have arisen. On Connecticut river, the town of Springfield, now Longmeadow, extended below the line, and though it is very crooked, yet the practical jurisdiction is so well known and settled, as to admit of no dispute. On the eastern part of the town, including Somers, the ancient line of the town extended a small distance beyond the line of the colony; and the true line is a matter of some uncertainty, and has created some dispute; but the difference is so trifling, being but a few rods, that there can be no objection to running the line due west from the northwest corner of Stafford, till it meets the place where the line of the ancient town of Enfield intersects the colony line. It would not, probably, vary the settlement of a single inhabitant. The towns of Stafford and Union were granted by Connecticut since the settlement of the Colony line in 1713, and were laid out upon it; and the towns adjoining in Massachusetts, have been laid out accordingly; and the ancient monuments have been verified by occupation, so that there has been no dispute as it respects these towns. The town of Woodstock was laid out partly in each colony. The northeast corner extended one hundred and twenty six rods north of the colony line, and the northwest corner fell short forty eight rods of that line. When the town left Massachusetts, the part which was within the chartered limits of that colony, continued there, and the small tract south of that line, not within Woodstock, was, for some time, treated as belonging to neither government. Connecticut once annexed it to Woodstock; but Massachusetts claiming it, the same has been given up, and there is no dispute concerning it. This, however, makes a jog at the northwest corner of Woodstock, which is forty eight rods south of the colony line, running to a point in about two miles. The town of Killingly, including Thompson, was granted by the colony of Connecticut, about the time the colony line was run, and extended to that line. Though it would seem there could be no doubt as to the bounds between this town and Massachusetts, yet, here the dispute originated, which probably led to the appointment of the present commission. The line between Massachusetts 224 PUBLIC RECORDS May,

and Connecticut would, by the charter, be the same as between Massachusetts and Rhode-Island; but owing to a different allowance for the magnetic variation, when the line was run, the northwest corner of Rhode-Island is placed one mile and about forty rods south of the northeast corner of Connecticut. Certain local circumstances combined at this time, to render it an object to crowd the line of Connecticut as far south as the line of Rhode-Island; for which, the fact that they ought to be the same, furnished some pretext. A dispute existed with respect to a large tract of land on the border of Massachusetts, which might be affected by varying the line, so as to comprehend it in that state; and it would have been convenient for the adjoining town of Dudley to have extended their bounds to the south, so as to render their meeting-house more central. This produced a strong and combined effort for this purpose. But, so unquestionable was the proof with respect to the line established in 1713, at the northeast part of the state, that the commissioners from both states, did not hesitate to agree on the monument which has ever been considered to be the northeast corner. In running the line between Massachusetts and Thompson, some of the ancient monuments were found, and some had been destroyed. It appeared that the monument constituting the northwest corner of Thompson in the line of Wood- stock, and the colony line, about twenty years since, had been taken by the owner of the land, and put in a stone-wall; but it was clearly proved, that in a short time, another monument was erected in the same place, which remained; and that the practical line of jurisdiction, corresponded with this monument. This furnished a guide to settle the intermediate line, where the bounds were lost; and the commissioners of Massachusetts agreed that this should be considered as a bound between the states. Between Massachusetts and Woodstock, no monuments were erected by the commissioners in 1713; but we found the northwest corner mentioned in their report; and also the pine tree mentioned in the report, which is forty eight rods north of the corner of Woodstock, and is the northeast corner of the town of Union. From this we proceeded west, finding many monuments which evidenced, that the real and practical line were the same, till we came to the northwest corner of Stafford, where we found a monument which, beyond all doubt, was erected by the commissioners in 1713. From thence to Connecticut river, no monuments in the colony line were erected, as it was agreed, that Enfield should continue in Massachusetts. The commissioners from Massachusetts, after having agreed to the monument at the northeast corner of the state, and at the northwest corner of Thomp- son, made the following proposition, to run from the last monument, to the monument at the northwest corner of Woodstock, instead of the pine tree; and thence to the southwest corner of Holland, a distance of about five miles from the northeast corner of Union. On our part, we proposed to run from the agreed northwest corner of Thompson, to the well known pine tree in the northeast cor- 1822 OF CONNECTICUT 225

ner of Union, and then by the line of Union and Stafford, according to the monuments, to the northwest corner of Stafford, and thence due west to Connecticut river; allowing the gore of land between the western part of Woodstock and the colony line, to remain in Massachusetts; and also, that part of Longmeadow which extends south of the line on Connecticut river: But on our declining to accede to their proposition, they declared the negotiation to be at an end. The only point of difference was, whether the northwest corner of Wood- stock, or the pine tree, should be established as the line. These monuments are forty eight rods apart, and the different lines would unite in about five miles, running west, and about seven miles, running east, by Woodstock, deduct- ing the gore between Woodstock and the state line, which would take about two hundred acres of land from Union, and about the same quantity from Woodstock. But though the difference between us was not very great, we were satisfied that we had sufficient reasons for dissenting to their proposition. There is not a monument on the whole line, better known, or more clearly proved, than the pine tree, which is now standing, and appears to be very old. No one point is more capable of demonstration than it is, that the northwest corner of Woodstock is not in the line established in 1713. The very documents produced by the commissioners of Massachusetts, to support their claim, are a complete refutation of it. In the report of the commissioners in 1713, after mentioning the erection of a heap of stones on the east line of the town of Woodstock, they say they proceeded to a large white pine marked, standing near the northwest corner of Woodstock township, at the root of which, we laid a quantity of stones. It is true, the report does not say how far, or in what direction the pine stands from the corner of Woodstock; but it is explicit that it does not stand in the corner. In the report of the perambulatory committee, who run the line in 1734, it appears, that after running to Woodstock northeast corner, they went south round the town, and running back from the southwest corner on the westerly line, they say “thence on a strait line, to the northwest corner, north 7o E, and in the west bounds, we erected seven large heaps of stones; and the seventh was at the end of forty one rods northward of the 7th mile, being a large heap of stones, and is about one hundred and sixty perches south of a large pine tree with stones about it, made mention of in the report of 1713, and sixty six perches south of the said northwest corner of Woodstock; and from this pine tree, we continued our course west.” This perambulation of the line, was twenty one years after the first running of the line, when all the monuments must have been plainly discoverable; and William Dudley, of Mas- sachusetts, was one of the commissioners in both cases; so that there can be no doubt respecting the identity of the monuments mentioned in both reports. In this report, it is expressly stated, that the 7th monument in the west line of Woodstock, is about one hundred and sixty perches south of the pine tree, and 226 PUBLIC RECORDS May,

sixty six perches south of the northwest corner of Woodstock. This demon- strates, that the northwest corner of Woodstock was south of the pine tree; that the northwest corner was not in the colony line, but that the pine tree was in the line, and that they run west from the pine tree, and not from the corner of Woodstock. Nor is this report contradictory to the report of 1713; but perfectly consistent with it; for that report mentions the pine tree, not as standing in the corner, but near it: Nor is it possible that there could have been any mistake, for one of the commissioners was the same in both commissions. To have adopted this course in running the line, would have been a perfect inconsistency; for the continuation of the same course to Connecticut river, would have struck it about two hundred rods below the place mentioned in the report of 1713. To have continued the line in a due west course from the corner of Woodstock would have carried it some distance south of every known monument, and particularly, of the monument in the northwest corner of Stafford, which all agree, was erected by the commissioners in 1713. To have varied the course from the corner of Woodstock, so as to have struck the line, or the monument at the southwest corner of Holland, as was proposed by the commissioners from Massachusetts, would have made it a crooked, instead of a strait line, as was run by the commissioners in 1713; but to continue it from the northeast corner of Woodstock, to the pine tree, and thence by the practical line between Union and Stafford in this state, and the adjoining towns in Massachusetts, would make it very nearly strait, and due west. To say that the northwest corner of Woodstock was in the line, was so palpably inconsistent with the reports of the commissioners in 1713 and 1734, that one of the commissioners from Massachusetts insisted, that the true construction of the report of 1734, was, that the pine tree, was sixty perches south of the northwest corner of Woodstock, instead of the 7th monument on the west line of Woodstock; because he contended that the pine tree was the last anteced- ent to the mentioning of the sixty six perches: This construction is repugnant to the plain sense of the report; for it explicitly states the 7th monument to be one hundred and ninety six perches south of the pine tree, and sixty six perches south of the northwest corner of Woodstock. The line to be continued in this manner, would directly contradict both reports. If it should be run from the northwest corner of Thompson, to a point sixty six perches south of the northwest corner of Woodstock, and then continued in the same direction to Connecticut river, it would strike Connecticut river many miles below the present line. If it should be continued west from Woodstock west line, to the river, it would run south of all the known monuments, as well as the practical line of jurisdiction: And if it should any where return northerly to the practical line, it would be very crooked, instead of a strait line, as run by the commissioners. This construction, however, was so palpably absurd, that the other commissioners would not agree to it: And he agreed with them to fix on the 1822 OF CONNECTICUT 227

northwest corner of Woodstock as the monument; but at the same time, seri- ously declaring that he considered it to be a great sacrifice of territory on the part of Massachusetts. This pine tree mentioned in these reports is identified and located by the most unquestionable testimony. Sundry respectable old men declared, that they had known it for more than half a century; that it had always been considered and acknowledged to be a monument standing in the line, and in the northeast corner of Union; and that they had received the same information from other aged people, who must have known it from nearly the time when it was established as a monument; and such was the common understanding and reputation, in the vicinity, without a dissenting voice. Soon after the perambulation of the line in 1734, the towns of Union and Stafford were granted by Connecticut, bounding on the colony line; and were then surveyed and laid out on the line, running west from the pine tree, when all the marks and monuments made in 1713 and 1734, must have been well known and visible, so that there could have been no dispute with regard to the colony line. The commonwealth of Massachusetts have granted adjoining towns, and they have been laid out and bounded on the same line, and monuments between the towns in Massachusetts, have been erected on this line. In many places, the landholders under grants from the different governments, have fenced out their lands, and the divisional fence is placed in the line running west from the pine tree. When the surveyors passed along the line, the various monuments were shewn to them by inhabitants from each side of the line, who all agreed in the same monuments; and the information from every quarter was, that there was no dispute respecting the line between Union and Stafford, and the adjoining towns in Massachusetts. We heard at the time, of no pretence of any claim from any individual in Massachusetts, for any land south of the line so laid out, under a claim from Massachusetts. The occupation of the land, and the actual exercise of jurisdiction by the state of Connecticut, for near ninety years, has been conformable to the boundary line as claimed by us; and in no part of the line was the evidence more clear, undisputed and conclusive. The land claimed in Woodstock, depends on the same monument as in Union; and has been within the actual jurisdiction of Connecticut, for more than seventy years. It was considered as a part of Woodstock when that town was annexed to Connecticut, and Massachusetts has no more claim for this tract, than for the whole town of Woodstock. And it may be further remarked, that Connecticut has exercised jurisdiction over this territory, and her citizens have been in possession of this land for such a length of time, as furnishes irresistible evidence of an original right; and that nothing can be more unreasonable and unjust, than the attempt to disturb such a long possession. 228 PUBLIC RECORDS May,

So anxious were we to settle a dispute subsisting on the other parts of the line, that we should have yielded to any colourable claim of jurisdiction to so small a territory: But one of the commissioners form Massachusetts, explicitly declared, that the title to the lands would be changed with the jurisdiction. This presented the case in a different point of view; and when we considered, that the present possessors had an indisputable title to the lands required to be surrendered up, while they continued within the jurisdiction of Connecticut, and that by a change of jurisdiction, they would, at any rate, be involved in a long train of litigation, and possibly, might be deprived of their lawful rights, we thought that honour and justice forbid us to sacrifice them. To a state of the extensive territory of Massachusetts, the jurisdiction of so small a tract of land, could not be supposed to be a matter of much interest; and it was out of our power to conjecture what could be the object of the commissioners to attempt to take from our citizens about four hundred acres of land, which had been in their possession for nearly a century; and what advantage it could be to draw in question their title to a narrow strip of their farms, for the extent of a dozen miles; to kindle a flame of controversy between the bordering inhabitants, and open a scene of litigation, the expence and termination of which, cannot be calculated; especially, when we could not learn that there was an individual in Massachusetts, who claimed a right to any land within the present jurisdiction of Connecticut, under a grant from Massachusetts. But we have since been informed, that the proprietors of a tract, called Winthrop’s Grant, contend that the true line between the states, is farther south than the practical one, and claim to extend such grant as far south as the divisional line can be crowded. How far this affected the settlement of the line, we are unable to say. Though we have been unable to agree upon the establishment of the line, yet we hope our labour will not be fruitless, or the expence wholly lost. By our investigation, we have ascertained what is unquestionably the true line, which we have thought proper to report for the information of the Legislature. The northeast corner of the state, and of the town of Thompson, is a large heap of stones, erected by the commissioners in 1734, which is a well known monument; from thence, the course is west to a heap of stones on Bald Hill, erected by the commissioner in 1713; thence to the southeast corner of Dudley; thence to a monument by the house of John Bates; thence to a monument in the road, near the house of Samuel Freeman; thence to the south corner of the house of Eliphaz Perry; thence to the northwest corner of Thompson, and the northeast corner of Woodstock; here the ancient monuments cannot be found, but the line is nearly strait, and may be regulated by the practical jurisdiction. The northwest corner of Thompson, and the northeast corner of Woodstock is a heap of stones by a wall of a few rods north of the house of Peter Ricard; thence the line runs in the direction of a large pine tree in the northeast corner of Union, till it intersects a line drawn from a point one hundred and thirty rods 1822 OF CONNECTICUT 229

north of the northeast corner of Woodstock, to the northwest corner of Wood- stock, forty eight rods south of the pine tree, being the north line of Woodstock, as laid out by Massachusetts; then from the point of intersection, the line runs to the northwest corner of Woodstock; then northerly forty eight rods to the Pine Tree, leaving a triangular piece of land comprehended in the chartered limits of Connecticut, but within Massachusetts; on which line, sundry monuments have been erected, and the practical jurisdiction is well known. From the Pine Tree, in the northeast corner of Union, the line runs west by well known monuments between the towns of Union and Stafford in this state, and the adjoining towns of Sturbridge, Holland, South Brimfield, and Munson, in Mas- sachusetts, to a heap of stones in the northwest corner of Stafford, erected by the commissioners in 1713; thence by Somers and Enfield, till it intersects the point where the line of the ancient town of Springfield crosses the colony line; then by the practical line of jurisdiction between Enfield and Long Meadow, being the south line of the ancient town of Springfield, and comprehending a tract of land in Massachusetts, within the original chartered limits of Connecti- cut. This line, though very crooked, is not disputed. To this line, we are of opinion, that the state of Connecticut has an unquestionable right to exercise jurisdiction; and we do not believe it will ever be contested by Massachusetts. And as it is very inconvenient for our citizens being on the borders of that state, not to know the line of jurisdiction, we submit to the consideration of the Legislature, the propriety of directing it to be ascertained, and suitable monuments to be erected, for their information and regulation.

Dated at New-Haven, May 13th 1822. Zephaniah Swift Ebenezer Stoddard Commissioners. House of Representatives, May Session 1822. Read, and accepted and approved. Attest. N. Johnson, clerk.

In Senate, May Session, 1822. Read, accepted, and ordered to be recorded in the public records of the state, and the accompanying documents lodged on file in the office of the Secretary of State. Attest. Wm. W. Boardman, clerk.

House of Representatives, May Session 1822. Reconsidered, and concurred with the Senate in their vote hereon. Attest. N. Johnson, clerk.

Resolved by this Assembly, that the Commissioner of the School Fund be, and he is hereby authorized to receive of Thomas Sheldon, in part payment of 230 PUBLIC RECORDS May,

his debt, the real estate described n his written proposition, amounting (after the deduction of 35 per cent from the price at which he purchased the same) to ten thousand forty two dollars fifty cents; provided the same shall be appraised by judicious indifferent men, to be appointed by the Treasurer, and to be on oath to appraise the same at its fair bona fide value, and to be taken, at the option of the commissioner, at such appraisal, or according to the terms contained in said written proposition, as shall, in his opinion, be most for the interest of the School Fund; and provided, the residue of the debt of said Sheldon, to be paid in good bonds amply secured on real estate, on which full reliance may be had for the punctual payment of the interest: If however, within two years from the time such real estate shall be received in payment, the same can be sold for more than the price at which it shall be received, and the interest thereon, the surplus shall be for the benefit of said Sheldon: Said written proposition to be lodged in the office of the Commissioner.

Upon the petition of the inhabitants of Chaplin Society in the county of Windham, stating that said society is composed of the extreme parts of the towns of Mansfield, Hampton and Windham, and praying for reasons set forth in said petition, that said society may be incorporated into a town, as by their petition on file, dated the 25th day of March A.D. 1822: This Assembly find that said petition has been duly served upon the towns aforesaid, and all interested therein, and has been regularly brought before this Assembly, and that the facts stated in said petition are true, and do make the following grant thereon;48 Resolved by this Assembly, that the following lines and boundaries shall be the limits of said town, viz. Beginning at a heap of stones on Ashford town line, being the northeast corner of said society; thence south 8o 45’ west on the east line of said society, three hundred fifty nine chains to a heap of stones; thence south 16o west on said society line, one hundred thirty nine chains to a heap of stones; thence north 70o 30’ west, two hundred and twenty four chains,

48. The ecclesiastical society of Chaplin, named after the prominent settler Benjamin Chaplin, had been formed in 1809. In 1822, the inhabitants argued, like most petitioners for new towns, that they were too far from the “places of doing public business in the respective Towns to which they belong, & from the usual places of holding the Town & Electors’ Meetings.” In addition, their school and ecclesiastical societies suffered from having their members entered on the assessment lists of three different towns, presumably because this made computation of taxation and school payments difficult. The affected towns were large enough that they would not be injured by a division. Despite protests from inhabitants of the town of Windham, the legislative committee on new towns approved the petitioners’ request for incorporation. The phrase “excepting a house . . . the support of the poor” was added to the third paragraph of the bill at some point during the drafting process. The first town meeting has held, as directed, on July 4; at the time, the town’s population was around 800. Manufacturing, powered by the Nachaug River, soon developed in addition to traditional agricultural pursuits. General Assembly Papers, 1822, Box 2, folder 18, items 43-44, 46; S.R., XIV, 347–48, 3476n; Larned, Windham County, II, 519–20; “Chaplin, Windham County, Con- necticut History,” http://www.connecticutgenealogy.com/windham/chaplin.htm [Nov. 28, 2014]. 1822 OF CONNECTICUT 231

to stones in the west line of said society, which monument is one hundred fifty four links from the southwest corner of the house where Captain Eleazer Huntington now lives, or as near said line as may be, and leave the houses of George and Erastus Martin on the south side of said line; thence north on the west line of said society four hundred and fifty chains to stones in said Ashford town line; thence south 81o 30’ east on said Ashford line, three hundred twenty six chains, to the place of beginning; containing thirteen thousand six hundred eighty nine acres, more or less. And be it further resolved, that all the inhabitants residing within the aforesaid limits, be, and they are hereby incorporated into a new and distinct town, by the name of “Chaplin.” And the inhabitants aforesaid, and their succes[s] ors, forever, residing within said limits, shall have and enjoy all the powers, privileges and immunities enjoyed by other towns in this state, with the right of sending one representative only, to the General Assembly of this state. And said new town shall pay its proportion of all debts, charges, and expences of suits, petitions and claims, already due, accrued, commenced, or existing against said towns of Windham, Mansfield, or Hampton, according to the lists of the inhabitants of said new town, taken from each or either of said towns, or for which either of said towns may be rendered liable by force of any claim now existing; and shall be entitled to all monies, or funds of any kind, belonging to either of said towns, in the aforesaid proportion; excepting a house and land owned by the town of Windham, and appropriated to the support of the poor. And said new town shall be holden to take and support all persons who now are, or hereafter may become paupers, whose legal settlement is now within the limits of said new town, whether they reside therein at this time or not: And also, shall be holden to make all that part of the Fletcher road, so called, if established, which lies within the limits of said new town, and to pay their proportion of the costs and damages of the same; also, to pay all future cost on the Palmer road, so called; and also, their proportion of all petitions now pending, according to the assessment list of said Mansfield, for the year 1821. And the selectmen of said towns of Mansfield, Windham, Hampton, and of said new town, when chosen, shall meet and make an equitable division and apportionment of any property or funds belonging to said old town; and in case the said selectmen cannot agree, the county court for the county of Windham are hereby authorized to make said division and apportionment, on giving legal notice to the selectmen of the town or towns, who cannot settle and apportion said property or funds according to the aforesaid rule. The collectors of the towns of said Mansfield, Windham and Hampton, are hereby authorized to collect all taxes already laid, in the same manner, as if this incorporation had not been granted. And be it further resolved, that the first town meeting shall be holden at the meeting-house in said town of Chaplin, on the 4th day of July next, at 9 oclock 232 PUBLIC RECORDS May,

in the forenoon, and that Captain Erastus Hough shall be moderator thereof: And the said Hough shall warn all the inhabitants of said town Chaplin, who are legal voters in town meeting, to meet at said time and place, by posting of a warning on the public sign-post in said new town, and at such other public place or places, as he may think proper, at least ten days before said 4th day of July. And said town of Chaplin, at said first town-meeting, shall have all the powers incident to the other towns in this state, and full right to organize themselves accordingly. And the officers elected at said meeting shall hold their offices until others are legally chosen and sworn in their stead.

Upon the petition of the inhabitants of the society of North Milford, by their agents, Ichabod A. Woodruff and others, and the inhabitants of the society of West-Haven, by their agents, Nathan Platt and others, shewing that the population situation, extent of territory, and amount of lists, &c. Praying for reasons set forth at large in said petition, to be incorporated a distinct town; as by petition on file, dated April 18th 1821.—49 Resolved by this Assembly, that all that part of the town of Milford, known by the name of North-Milford, and that part of the town of New-Haven within the following limits, to wit: Beginning at the Sound, and extending through the harbour by the point of the beach, to the mouth of West river; thence up said river, in the centre thereof, to the bridge on Derby Turnpike road; thence in a strait course westerly, to Mix’s north line, so called; thence in said Mix’s line to Woodbridge line; thence in Woodbridge line to Derby line; thence southerly on the Housatonic river; thence in the line of the society of North Milford to the line that divides the society of West-Haven from the town of Milford; and thence in the said last mentioned line to the Sound; with all the inhabitants residing within the said limits, be, and the same are hereby incorporated into

49. Inhabitants of the West Haven (or West Farms) section of New Haven had unsuccessfully petitioned the Assembly in the 1780s to be incorporated as a separate town. In 1820–21 they joined with the neighboring North Milford ecclesiastical society in that effort. In 1820 the legislative committee on new towns recommended against incorporation on the basis that there were “no stronger reasons for dividing these towns than can be urged for many other towns.” In 1822, however, the committee heard witnesses from all parties and agreed with the petitioners’ arguments about the inconvenience of attending public meetings in the old towns, the inadequate upkeep of roads, and the inequity of taxing farmers in West Haven for the support of the poor in commercial New Haven, of which West Haven was currently a part. The committee concluded that the old towns would remain “sufficiently large” and that “the proposed Town in point of Territory, population and wealth will be superior to many Towns in the State & will make a respectable Town.” At some point during the legislative process the words “and all persons . . . parish of North-Milford” were added to the fifth paragraph and the phrase “and in case . . . Charles Denison, Esquire” was added to the eighth paragraph. The first town meeting was held as directed in the final resolution; Ichabod Woodruff, who had signed the 1821 petition as an agent for North Milford, was elected one of the selectmen. General Assembly Papers, 1822, Box 2, folder 5, items 58–59, folder 8, item 49; Mary A. Woodruff, History of Orange, North Milford, Connecticut, 1639–1949 (New Haven, 1949), pp. 33–38. 1822 OF CONNECTICUT 233

a distinct and separate town by the name of “Orange.” And the inhabitants aforesaid, and their successors, forever, residing within said limits, shall have and enjoy all the powers, privileges, and immunities enjoyed by other towns in this state, with the right of sending one representative only, to the General Assembly of this state. And said new town shall pay such proportion of all debts, charges and expences, suits, petitions, and claims already due and accrued, commenced or existing against said town of New-Haven, or for which said town may hereafter be rendered liable by force of any claim now existing, as counting upon the list of 1821, the amount of the list of the Parish of West-Haven, within said new town, and of the other petitioners formerly belonging to said New Haven, bears to the whole of the list of the old town of New-Haven. And that part of said new town known by the name of West-Haven, together with those persons embraced in the limits of said new town, heretofore belonging to said old town of New-Haven, shall relinquish all their right, title and interest in and to all the land, buildings and other property, belonging to said town of New-Haven; and said new town shall assume and support such part of the poor of said town of New-Haven as now belong, or heretofore have belonged within the limits of that part of the new town, which formerly belonged to said town of New-Haven. And shall also take, and keep in repair one half of the bridge over the West river, which runs between said new town and the old town of New-Haven. And the town of Milford shall be entitled to retain all the funds now belonging to said town, and shall support the bridges, and pay the debts now due form said old town; and the new town shall take and support such part of the poor of said town of Milford as is now on hand, as counting upon the list of 1821, said parish of North-Milford would be obliged to support, in such proportions as the list of the parish of North-Milford bears to the list of the old town of Milford. And in case said town of Milford and said new town cannot agree upon such apportionment, Charles Denison, Esquire, or in case of his inability to attend to the business, the Honourable William Bristol is hereby authorized to make such apportionment, first duly notifying all persons concerned therein, of the time and place of making such distribution. And said new town shall forever keep and maintain all the poor living within the limits of said parish of North-Milford, and all persons who belong to said town of Milford, and all persons who belong to said town of Milford, and are now absent therefrom, and shall hereafter become poor and chargeable, shall be supported by said new town; provided, that at the time of their departure, they resided within said parish of North-Milford. And the collectors of the state and town taxes of said towns of New-Haven and Milford, are hereby authorized to collect all taxes already laid, and in their rate books, as though this resolve had not passed. 234 PUBLIC RECORDS May,

And the said towns of New-Haven and Milford shall bear all the expences incurred within the limits of said old towns of New-Haven and Milford, until the first day of November next. The first town meeting shall be holden at the meeting-house in the parish of North Milford, on the second Monday of June next, at 9 oclock in the forenoon; and Charles H. Pond, Esquire, and in case of his inability to attend, Charles Denison, Esquire, shall be moderator thereof; and shall warn such meeting by posting a warning on the public sign-post in said town, and at such other public place or places as he may think proper, at least six days before said first meeting. And all subsequent meetings shall be holden at, or near the meeting-house in the parish of North-Milford. And said town of Orange shall have all the powers, at said first meeting, incident to the other towns in this state, and full right to act accordingly; and the officers elected at such meeting, shall hold their offices until others are legally chosen and sworn in their stead.

Upon the petition of Moss White and others, inhabitants of the Village of Danbury, praying to be incorporated as a Borough.50 Resolved by this Assembly, that all the electors of this state, inhabitants of the town of Danbury, in the county of Fairfield, being within the following bounds, to wit: Beginning at a point on the Middle river, thirty rods west of the bridge, near the dwelling-house of Stephen Ambler; thence following said stream to Barnplain Bridge; thence southwardly, to the Tannery of Starr and Sanford; thence following the line passing down the east side of Town-hill Lane to the south end thereof; thence in the same course across the town street leading eastwardly from the Episcopal Church to a point fifty rods southwardly of the line passing on the south side thereof; thence in a strait line to the south end of Deer-hill Lane; thence northwardly, following the line passing on the west side of Deer-hill Lane, to the road leading from Danbury court-house to Ridgefield; thence westwardly, following the line passing on the south side of said Ridgefield road, to the place where it intersects with the road leading from

50. The petition, dated April 29, 1822, observed that the area was “a compact, & thickly settled village” and requested corporate status to handle its affairs; a legislative committee approved the request. The bill for this measure, apparently incomplete, was originally much longer, containing detailed provisions on the borough’s corporate powers and privileges and the quali- fications and duties of its officers; these were similar to those included in the much longer sets of resolutions incorporating boroughs at earlier legislative sessions (see, for example, S.R., XX, 248–54, 259–64). This material was deleted at some point during the legislative process; the third resolution below simply established the same arrangements that were present in other borough incorporations and which were compiled into a single title in Stat. Conn., 1821, pp. 95–103. The bill had originally been for an act; consequently, the Senate made a number of wording adjustments changing it from an act to a series of resolutions. General Assembly Papers, 1822, Box 2, folder 16, item 25; folder 17, items 26–27. 1822 OF CONNECTICUT 235

the Presbyterian meeting-house, to said Ridgefield, near the dwelling-house of Eli Wildman; thence northwardly, following the line passing on the west side of said last mentioned road, to the dwelling-house of Harvey Wildman; thence in a strait line to Blind-brook Bridge near the dwelling-house of Dorastus Green; thence to the Methodist meeting-house, including the same, and the lot on which it stands; thence in a strait line, to the place of beginning be, and the same are hereby ordained, constituted, and declared to be, from time to time, forever hereafter, one body corporate and politic, in fact and in name, by the name of the “Warden, Burgesses and Freemen of the Borough of Danbury” and by that name, they and their successors, forever, shall have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, in all suits of what nature soever; and also, to purchase, hold, and convey any estate, real or personal; and may have a common seal, and may change and alter the same at pleasure; and shall be freeman of said Borough. 2. And for the better government of said Borough, be it further resolved, that there shall be a meeting, of said Borough, holden annually in the month of May, at such time and place, as by the by-laws of said Borough, shall be directed, for the purpose of choosing all the officers of said Borough; and the officers chosen at such meeting, shall continue in office, for and during the term of one year from said annual meeting, unless others shall be sooner chosen and qualified in their stead. 3. And said Borough of Danbury shall have all the powers and privileges conferred on other Boroughs within this state, and be subject to the same restrictions and liabilities to which said other Boroughs are by law subjected: And all the officers of said Borough shall be qualified in the same manner, and have the same powers, as the officers of other Boroughs, so far as the local situation thereof will permit. 4. And be it further resolved, that the first meeting of said Borough shall be holden at the court-house in said Borough, on the 26th day of June, A.D. 1822, at one oclock in the afternoon of said day, for the choice of a Warden, Burgess- es, Clerk, Treasurer, and Bailiff; and to transact such other business as shall be necessary, which may be from to time adjourned; and a copy of this paragraph of this resolve, certified under the hand of the Secretary of this state, and posted upon the door of the court-house in said Borough, fronting the main street, at least three days before said 26th day of June, shall be legal warning to the freemen of said Borough, to attend said first meeting; and the officers chosen at such meeting shall continue in office until the expiration of the annual meeting in the month of May, A.D. 1823, unless others are sooner chosen and qualified in their stead; and that said Borough shall at such meetings, first choose a Clerk of said Borough, who shall be immediately sworn, and shall forthwith make a record of his being chosen and sworn, and the record thus by him made, in such case, shall be good and effectual in law; and such record may be made 236 PUBLIC RECORDS May,

by clerks thereafter, and shall be valid, any thing in this resolve notwithstanding: And said Borough shall thereupon proceed to choose a warden and other officers of said Borough, mentioned in this paragraph of this resolve; and that Samuel H. Phillips, Esquire, Justice of the Peace for Fairfield county, shall have, as to the first election of the Warden, Burgesses, Clerk, Treasurer, and Bailiff of said Borough, the same powers, and proceed in the same manner, as the Warden, Burgesses and Bailiff of said Borough, are by this resolve to have and proceed in, at the future elections in said Borough, and shall be moderator of said meeting, till a Warden be chosen and qualified according to this resolve; and said Borough shall at said first meeting, appoint a time and place for holding the first meeting of said Warden and Burgesses, which meeting shall have power to adjourn from time to time: Always provided, that any thing in this resolve notwithstanding, the inhabitants living within the limits of said Borough shall to all intents and purposes, be and remain a part of the town of Danbury, entitled to all its privileges, and subject to all its burdens, as if this resolve had not been passed. Provided nevertheless, that if this resolve, or any provision therein contained, shall be found inconvenient, or in any respect inadequate, the same may be repealed, altered, or revoked, by the General Assembly. 5. Be it further resolved, that all charges and expences that shall have been, and may be incurred, in consequence of this act of incorporation, shall be borne and defrayed by said Borough, by taxes on the polls and rateable estate of said Borough, within said limits.—

Upon the petition of Justus Riley and others, praying, for the incorporation of the Village of Wethersfield:51

51. The undated petition emphasized the danger of fire in the village and stated that reliance on voluntary efforts had been insufficient; it also noted that the villagers were subject to “fraudulent practices” by vendors of firewood from neighboring towns. The petitioners asked for the authority to regulate streets and sidewalks, protect “shade and ornamental trees,” and inspect wood offered for sale in the district. The request generated two remonstrances from other inhabitants. The more detailed one argued that the powers requested were more suitable for “large commercial towns” and denied the need for greater means to combat fires in this primarily agricultural community, where the houses were not thickly packed together; the expense might be “oppressive.” Paved streets and flagged sidewalks were also unnecessary and expensive; the village required no more powers in that area than were already provided by state laws. In addition, increased inspection and taxation of wood would likely turn vendors away to other markets. The protestors also objected to procedures at the public meeting which generated the initial petition. Despite the remonstrances, a legislative committee, after hearing the parties, found the facts in the petition “generally true” and prepared a bill to grant “part of the prayer” of the petitioners. The result was the following resolutions of incorporation, which passed with little apparent controversy, although the resolutions contain no mention of powers over streets, sidewalks, and shade trees. Like the previous measure, the bill had originally been for an act; consequently, the Senate changed it from an act to a series of resolutions, making minor adjustments in the language. General Assembly Papers, 1822, Box 2, folder 17, items 30–32. 1822 OF CONNECTICUT 237

Resolved by this Assembly, that all the electors of this state, inhabitants of the town of Wethersfield, living within the following bounds, to wit: Beginning at a point on the west bank of Connecticut river; thence due west to a point in the centre of South lane, ten rods northerly from the house of Elisha Williams; thence along the centre of said South Lane, northerly, to its intersection with the centre of the street running from Appleton Robbins’ dwelling-house, to Harris’ Hill, so called; thence along the centre of the same street, to its point of intersection with the centre of the street leading northerly by the house of Selah Barrett; thence along the centre of said last mentioned street, northerly, until it intersects the great road leading from Wethersfield Village to the Hartford and New-Haven Turnpike road; thence a right line northerly, to a point in Jordan Lane, thirty rods west from Sandy Lane; thence due north to the north bounds of the town of Wethersfield; thence along the same, easterly, to Connecticut river; thence along the west bank of said river to the place of beginning, be, and they hereby are constituted and made a corporation and body politic, by the name of the “Village of Wethersfield;” and by that name, they and their successors, forever, shall have perpetual succession, and be persons in law, capable of suing and being sued, pleading and being impleaded, in all courts whatsoever; and also, to purchase, hold and convey any estate, real or personal; and may have a common seal, and alter the same at pleasure. Sec. 2. There shall be an annual meeting of said Village, at such time and place, within the limits thereof, as the by-laws of said Village shall direct, for the choice of officers and the transaction of other business relating to the concerns of the Village; and all officers chosen at any meeting shall continue in office one year from the last annual meeting, and until others are chosen and qualified; and in case a vacancy shall happen in any office in said corporation, by death, resignation or otherwise, such vacancy may be filled at any special meeting to be held for that purpose, pursuant to the by-laws of the Village. Sec. 3. All electors of this state, who shall have resided within said Village six months next preceding any village meeting, shall have a right to vote in all matters and business transacted at such meeting, except as is in this act otherwise provided; and all questions at any such meeting shall be decided by a majority of the votes given thereon. Sec. 4. The officers of said Village shall consist of seven trustees, who shall be freeholders within the same, whose duty it shall be to manage the prudential concerns of the Village, a Treasurer and Clerk, who shall also be clerk of the board of Trustees; all which officers shall be chosen by ballot, and shall be sworn faithfully to discharge the duties of their respective offices. A majority of the Trustees shall constitute a quorum for the transaction of the business of the board. Sec. 5. It shall be the duty of the Trustees, at their first meeting, to be held within ten days after their election, to choose one of their number to be president of the board of Trustees, whose duty it shall be to preside, when present, 238 PUBLIC RECORDS May,

at all Village meetings, and at all meetings of the Trustees, and to take care, that this act and the by-laws of the Village be faithfully executed. Sec. 6. Said Village, at any legal meeting, shall have power to make and ordain by-laws relative to the preservation of said Village from injury by fire, and the regulation of Fire companies; relative to the procurement, use, and management of fire engines and other means of extinguishing fires, and preventing danger therefrom; relative to the sale, admeasurement and inspection of wood for fuel; relative to the manner of calling and warning Village meetings, and meetings of the Trustees, and the times and places of holding the same; relative to the assessment and collection of taxes upon the owners and occupants of dwelling-houses, stores and other buildings within said Village, and to inflict penalties for the breach of such by-laws; provided, that no such penalty shall exceed the sum of ten dollars; and provided also, that any of such by-laws may be repealed within eight months after the same shall be in force, by the Superiour court holden in the county of Hartford, if on a hearing, said court shall judge by-law to be unreasonable or unjust; and no by-law of said Village shall be in force until the same shall have been published three weeks successively, in a newspaper printed in the city of Hartford. Sec. 7. The said Village at any legal meeting, may levy taxes upon the owners and occupants of all the dwelling-houses, stores and other buildings within the limits of said Village, which taxes shall be levied upon an assessment to be made, as often as occasion shall require, upon such owners and occupants, by a committee of three freeholders of the Village, to be appointed for that purpose at any legal Village meeting; in making which assessment, the said committee shall have due reference, as they may deem equitable, to the value of such house, store or building, and to the exposure of the same and the contents thereof, to injury by fire; and no taxes whatever shall be laid or levied by said Village, except upon such assessment made in manner aforesaid; and no inhabitant of said Village shall be permitted to vote in any Village meeting, upon a question of laying or levying any tax, unless such inhabitant shall at the time of voting, be liable to be assessed for, and to pay such tax: And said Village at any legal meeting, may appoint a collector or collectors of such tax, who having received a warrant signed by the President of the board of Trust- ees, shall have the same power in the collection of such tax, as the collectors of town taxes by law have, and be accountable to the board of Trustees in the same manner as collectors of town taxes are accountable to selectmen; and in case any such collector of a Village tax shall fail of collecting and paying over to the Treasurer of the Village such tax according to the terms of his warrant, on complaint made by three of the Trustees of said Village to the President, he shall issue his warrant, under his hand, directed to any constable of the town of Wethersfield, whose duty it shall be to execute the same, to distrain of the 1822 OF CONNECTICUT 239

goods and chattels and estate of such collector, for the amount of so much of such tax as remains unpaid to the Treasurer of the Village. Sec. 8. In addition to the officers in this act before mentioned, it shall be lawful for the said Village at any legal meeting, to appoint inspectors and mea- surers of wood, and such other officers, servants or agents as the by-laws of said Village may prescribe, who may hold their offices for such term of time as the by-laws of the Village may be directed: provided however, that it shall be lawful for said Village to vest the appointment of the officers, servants, or agents aforesaid, in the board of Trustees, by vote or by-law passed for that purpose at any legal meeting of the Village. Sec. 9. The said Village in legal meeting assembled, shall have power, with the concurrence of a majority of the Trustees, to admit to the freedom of the Village, any electors of this state, inhabitants of the first ecclesiastical society in Wethersfield, living out of the Village limits, but holding real estate, or doing regular business therein; which persons being, at their own request, or by their own consent, so admitted, shall thereafter be entitled to all the privileges, and liable to all the burthens of members of the corporation by this act created. Sec. 10. The inhabitants living within the limits of said Village shall remain and continue inhabitants of the town in which said Village is situated, entitled to all the privileges, and subject to all the burthens of such town, in the same manner as if this act had never been passed. Sec. 11. The first meeting of said Village shall be holden on the second Wednesday of June 1822, at the Academy in the first society in the town of Wethersfield, at 2 oclock in the afternoon, for the choice of Trustees, clerk and Treasurer, and the transaction of such other business as may come before said meeting; which meeting may be adjourned from time to time, and the senior justice of the peace, residing in said Village, present at such meeting, shall preside therein; and notice of said first meeting shall be given under the hand of any justice of the peace residing in said Village, by posting the same on the public sign-post in said first society, and in such other public places within the Village, as said justice may direct, at least four days before such meeting; which said notice shall be sufficient for all the electors of said Village to attend said first meeting: And the officers chosen at said first meeting shall continue in office until the first annual meeting of said Village, and until others are chosen and qualified. Sec. 12. The Trustees of said Village shall have power to form, continue and regulate one or more fire companies, and to enlist or appoint a sufficient number of firemen, not exceeding twenty-four in the whole, within said Vil- lage; and the polls of the members of such fire companies shall be exempted from all highway taxes imposed by the town of Wethersfield. Provided always, that this act may be repealed, or altered at the pleasure of the General Assembly. 240 PUBLIC RECORDS May,

Upon the petition of Thomas Hubbard and others, shewing, that there are now more than one thousand insane persons in this state; that a subscription has been opened to provide them an Asylum or Retreat, to mitigate their sufferings, and restore them to reason; praying for an act of incorporation, and a grant from the Treasury, in aid of the benevolent object, as by petition on file appears.52

52. In 1816, the Connecticut Medical Society found that only 146 people suffered from “lu- nacy” in the state; the society conducted another study in 1821. Having determined that more than one thousand mentally ill people resided in the state, the society decided to build a “retreat for the insane.” Dr. Eli Todd took the lead in organizing this effort; his campaign to solicit funds resulted in subscriptions of $12,000. On May 8, 1822, Hubbard and nine associates, appointed at the Medi- cal Society’s annual convention, petitioned the General Assembly for an act of incorporation for an insane asylum and unspecified financial aid in aid of its progress. A joint committee of the General Assembly recommended that the asylum be incorporated and granted public funds. The only controversy about the concerned the funding provision. Some legislators, noting the amount was inadequate for the purpose, nevertheless spoke in favor of the committee’s recommendation of $5,000, while others felt that appeals for private support would meet the Asylum’s needs. In approving incorporation, the Assembly agreed to the recommended amount. During the drafting process, the legislators (1) substituted the names of the May 8 petitioners for a different list of directors; (2) changed the name of the organization from “Asylum” to “Retreat;” (3) deleted some redundant language about the purposes of the institution from the first resolution; (4) fine-tuned the language about the payment mechanisms in the fourth section; (5) added the phrase “power, with the assent . . . under this act” to section five; and (6) appended the final resolution and proviso to the bill. The Retreat (now the Institute for Living) opened in 1824 with Dr. Todd as its first director. General Assembly Papers, 1822, Box 2, folder 5, items 56–57; House Proceedings and Debates of May 22, 1822: Courant, May 28, 1822; Keller, Second Great Awakening, pp. 171–75; Van Dusen, Connecticut, pp. 209–10; William Walter Thomas Squire, Charities and Corrections in Connecti- cut (New Haven, 1936), pp. 20–21; Walter Bromberg, From Shaman to Psychotherapist: A History of the Treatment of Mental Illness (Chicago, 1975), pp. 105, 124. Eli Todd (1769–1833) entered Yale at age fourteen, matriculating four years later. He began his own medical practice after a three-year apprenticeship. A founder of various medical societies, he also was a pioneer in smallpox vaccination, as well as humane treatment rather than punishment for alcoholism. A. D. Jones, “Dr. Eli Todd,” in The Illustrated American Biography, III (New York, 1855), pp. 483–84; Sarah W. Tracy, Alcoholism in America: From Reconstruction to Prohibition (Baltimore, 2005), pp. 95–97. His most lasting achievement, however, lay in the field of mental health. Todd championed the humanitarian reforms instituted by France’s Philippe Pinel (1745– 1826) and England’s William Tuke, by removing restraints and treating inmates as fellow human beings, with kindness and rationality. Roy Porter, Madness: A Brief History (New York, 2002), pp. 103–7; Dora B. Weiner, “Health and Mental Health in the Thought of Philippe Pinel: The Emer- gence of Psychiatry during the French Revolution,” in Healing and History: Essays for George Rosen (Charles E. Rosenberg, ed,; Kent, England, 1979), pp. 59–85. The joint legislative committee mentioned above singled out the humane treatment of mental patients in France and England, noting the “very important and invaluable discoveries and improvements . . . in art of curing and relieving the insane, in regard both to medical & moral management; and that mildness of treatment has been most usefully substituted for chains and other violent restraints; that upon an average 91 in 100 cases of recent insanity are successful, and that out of one hundred old cases generally deemed hopeless, 35 of those unfortunate persons have been restored to health, to their friends and to society.” The reforms of Pinel, Tuke, and Todd have continued into the twenty-first century. 1822 OF CONNECTICUT 241

Resolved by this Assembly, that Thomas Hubbard, Thomas Robbins, Thomas Miner, Samuel Carter, William Tully, Earl Swift, Samuel B. Woodward, John Caldwell, Isaac Spencer, Thomas Day and their associates and successors, be, and hereby are ordained, constituted and declared to be forever hereafter, one body politic and corporate, in fact and in name, by the name and stile of “The President and Directors of the Retreat for the Insane,” and by that name, they, their associates and successors, shall and may have perpetual succession; shall be capable of suing and being sued, pleading and being impleaded; and also to purchase, receive, hold, and convey any estate real or personal, to an amount not exceeding two hundred thousand dollars; and may have a common seal, and the same may change and alter at pleasure; may establish rules relative to the admission of future members; may ordain, establish, and put in execution such by-laws and regulations, not contrary to the provisions of this charter, or the laws of this state, as shall be deemed necessary for the government of said corporation— 2. And be it further resolved, that said corporation shall meet at least once in each year, for the choice of officers and other business. The first meeting shall be holden at the court-house in Middletown, at such time as shall be appointed by Thomas Miner, Eli Todd, Samuel B. Woodward, William Tully, George Sumner, Eli Ives and Jonathan Knight, or a majority of them, and by them notified by advertisement in a newspaper printed in each of the towns of Hartford, Middletown and New-Haven, at least three weeks before the time fixed for such meeting; and the annual and other meetings of said corporation shall thereafter be holden at such time and place, and be warned in such manner, as said corporation shall from time to time direct. 3. And whereas large and liberal subscriptions have been obtained in aid of the funds of said institution, on the principles of a proposed constitution of the society for the relief of the insane, accepted and approved by the Medical Convention, on the 3d day of October A.D. 1821, in the words following, viz. “This society shall be composed of those subscribers whose benefactions shall amount to either of the subsequent sums. Those who pay twenty dollars, shall be members for life, and those who pay twelve dollars, shall be members for ten years. Those who pay two dollars shall also be members of the society, and shall be required to pay the same annually, until their names are withdrawn from the subscribers’ list, on application to the Secretary. Two hundred dollars paid by the Connecticut Medical Society, shall constitute the President and Fellows of the same, ex officio, members of the society. The members of the society shall meet annually, for the choice of directors, and for the transaction of any other business not delegated to its officers. None but members shall be eligible to any office, except those of attending physicians and domestics.—Directors. There shall be two classes of directors, one annually appointed, the other to hold their offices for life. 242 PUBLIC RECORDS May,

Those subscribers who pay one hundred dollars, or an equivalent annuity, or twenty-five dollars annually, for five years, shall be directors for life. At least ten directors shall be annually chosen by the society, and in all cases, as many as shall equal the number by subscription. There shall be an annual meeting of the directors, at which, twelve shall constitute a quorum, to choose a President, Vice-President, Treasurer, Auditor, Secretary, Prudential Committee, and Visitors. The President shall preside at the meetings of the society and of the Direc- tors, shall have a vote at all times, and a casting vote when there is a tie; and shall, when requested by the Superintendant or Prudential Committee, sum- mon an extra meeting of the Directors. Vice Presidents. The elected Vice-President shall have the privileges of a director, and perform the duties of the President, during the absence of the latter. Those persons who pay two hundred dollars, shall be Vice-Presidents for life. The Treasurer, having given an adequate security for the faithful discharge of his duties, shall receive the funds of the society, and pay the same to the order of the Prudential Committee. He shall transmit a copy of his accounts every quarter to the Auditor, and present a financial report every year to the society. The Auditor, having examined the Treasurer’s accounts, shall report accordingly, at the annual meeting of the directors. The Secretary, upon oath, shall keep an accurate register of the members of the society, for each year, and record the transactions of both society and directors. He shall also report at each meeting of the society, the names of those who, for the preceding year, have become members of the society, and also of those who have withdrawn their patronage. The Prudential Committee shall consist of twelve individuals, annually elected, and of the Superintendant. At least one fourth of the twelve shall be physicians. They are to regulate the economical and financial concerns of the institution, and determine upon what terms the patients are to be admitted. They shall also appoint the Steward, house-keeper and domestics, and may dismiss the same if deemed unworthy of their trust. They shall meet monthly, and delegate their powers to three of their number, of which, one shall be a physician; and these three shall constitute the attending committee. The attending committee shall meet at least once a week, for the transaction of the ordinary business of the institution, for the admission and discharge of patients, prescribing the terms, and accepting such security as they deem satisfactory. The Visitors shall be six in number, and all physicians; two at least, shall visit the institution every month; and it shall be their duty to invite an equal number of females to accompany them. They shall enquire into the medical and moral concerns of the institution; suggest improvements, and designate abuses, in a monthly report to the prudential committee. 1822 OF CONNECTICUT 243

The Superintendant shall be nominated by a committee of five members appointed by the Medical Convention; and their nomination shall be transmitted to the directors for their approbation. If the person thus nominated is not approved by the directors, the committee shall nominate another person without delay. If the nomination is approved, the election shall be declared valid; and the person thus elected, may hold his office till removed by a majority of the whole number of directors. The medical and moral treatment of the patients shall be confided to him, and he is to determine the propriety of their admission and discharge. He shall visit the hospital daily, to give instruction to the assistant, and advice when requested, to the attending committee. He shall also inspect the medical records of the house, and observe that they are correctly made. The Superintendant may nominate an assistant physician, who is to reside in the house, or in its immediate vicinity; and may be eligible to the office of Apothecary. His appointment becomes valid if approved by the directors. He shall devote his whole time to the patients of the Institution, visiting them daily, recording the history of each case, and reporting to the Superintendant, the result of observations made during the absence of the latter. He is also to note the prescriptions, and see that the nurses and attendants are faithful in the discharge of their respective duties. Admission of Patients. Any subscriber, paying two hundred dollars, may at all times, name one indigent patient, who is to be received into the Asylum upon the most favourable terms. Any town, corporate body, or association of individuals, paying two hundred and fifty dollars, may have the same privilege. Other patients are to be admitted by their friends applying first to the Super- intendant, who states whether, in his opinion, they are fit subjects for admission, or not; and then to the attending committee, who shall prescribe the terms and accommodations to which they shall be entitled. No patient of any description can be admitted, until his friends or guardians have deposited with the Treasurer of the society, adequate security for the payment of the quarterly expences, and the removal of the patient when discharged. Any person dissatisfied with the decision of the attending committee, may appeal to the prudential committee, at their monthly meeting for relief.[”] Be it further resolved, that the articles of said constitution, be, and the same are hereby declared to be fundamental articles and part of the constitution of said corporation. 4. And be it further resolved, that in aid of the benevolent object of said institution, there shall be paid to the said corporation, upon an order of the Controller of public accounts, which order the Controller is hereby authorized and directed to draw, the sum of five thousand dollars, out of the public Trea- sury, whenever, if within two years, fifteen thousand dollars, exclusive of this grant, shall have been subscribed, and ten thousand dollars actually paid o said corporation; and proper certificates thereof be lodged in the office of said 244 PUBLIC RECORDS May,

Controller. And the Governour of this state is hereby authorized and requested to grant a brief annually, for five years, soliciting contributions for the benefit of said institution, and to issue proclamation accordingly. 5. And be it further resolved, that said corporation shall have power, with the assent of the commissioners to be appointed under this act, by their vote in legal meeting, warned with express notice of that object, to fix the location, and to approve or prescribe the stile and extent of the buildings and other accommodations for the use of the institution; and no expenditure of the funds of said corporation, shall be made by the officers thereof, in the purchase of lands, or in the erection of buildings, but in pursuance of such vote or votes of said corporation. And be it further resolved, that the Governor for the time being with two other commissioners to be appointed by the General Assembly, shall superintend the general concerns of said institution, and make such occasional visits as they may deem expedient. Provided nevertheless, that this act of incorporation shall be subject to be revoked or altered, at the pleasure of the General Assembly.

Upon the petition of Andrew Hull Junior. And others, praying for a canal incorporation, as per petition on file;53

53. For the context of this action and the subsequent history of this company, see above, pp. xxix–xxx. Promoters from towns in New Haven, Hartford, and Litchfield counties petitioned the Assembly on January 29, 1822, stating that they had “explored and thoroughly examined” the country between New Haven and the Massachusetts border at Southwick; the area was “well calculated for constructing a Canal thereon; and . . . it is practicable to make such a canal, at a reasonable and moderate expense, when compared with the expenses which have attended the construction of other canals in this country.” They contended that the proposed canal “will afford great facilities and be highly beneficial to our fellow citizens,—will reflect high honor on the State and remain a lasting monument of her wisdom and enterprise.” A legislative committee recommended approval, observing that canals were of great utility, “and that it is the duty of all Legislatures to encourage and promote them.” We have not been able to find the petition at the CSL, but Charles Harte (“Connecticut’s Canals,” p. 125) had access to it in the 1930s and quoted it in full; the committee’s report is in General Assembly Papers, 1822, Box 2, folder 7, item 40. The legislators made a number of changes during the drafting process; one of some significance was the deletion of a provision providing a jail sentence in addition to a fine at the end of section 18. During formal legislative consideration, both houses made additional alterations. The Senate made the following substantive changes: (1) inserting the phrase “with the consent and approbation of the commissioners” in the fifth section; (2) substituting the phrase “a sum not exceeding” for the “the sum of” in sections 15, 16, 17; (3) inserting the names of five commissioners in the twenty-first section; (4) inserting the phrase “to be adjusted, determined, and allowed by the Senate” in the same section; (5) inserting the words “provided, that at the expiration . . . may deem expedient” in the same section; (6) deleting a phrase from section 22 which read “nor shall said stock ever after the expiration of said twenty one years be taxed, unless the annual dividends thereon shall exceed six per cent”; and (7) adding the twenty-seventh section to the bill. The House followed with significant alterations of its own: (1) deleting from the third section the words “or on 1822 OF CONNECTICUT 245

Sec. 1. Resolved by this Assembly, that a canal may be constructed, and hereby is established, from tide waters of the harbour in the city of New-Ha- ven, through this state to the north line thereof, at Southwick, in the state of Massachusetts, passing through the town of Farmington; and also from Farm- ington up the Farmington river to the north line of the town of Colebrook, it being the state line, passing through the town of New-Hartford. Sec. 2. That for the purpose of constructing and forever maintaining said canal, a company hereby is incorporated by the name of President, Directors and Company of the Farmington Canal; and by that name, said corporation shall forever be capable in law and equity, to sue and be sued, defend and be defended in all courts whatever; to have and use a common seal, such as they shall devise, and the same to change and alter at pleasure; to make and establish such rules, regulation and by-laws, from time to time, as shall appear necessary or convenient for the government of said corporation, and for the preservation and due management of said canal, with the other property which shall or may belong to said corporation; and the same rules, regulations and by-laws, may cause to be duly executed; provided, they are not repugnant to the constitution and laws of this state; and may annex penalties to the breach thereof, not exceeding ten dollars; and may appoint such officers, and employ such labourers as shall be necessary. The stock of said corporation may amount to such sum or sums of money as shall be necessary to carry into complete effect the entire object of said corporation, and shall be divided into shares of one hundred dollars each; which shares shall be transferable, and be considered and treated as personal property; and all the powers incident to, and necessary for carrying into effect, the object of this incorporation, hereby are vested in said corporation; and said canal shall be so made as to admit suitable sized canal boats, and other things usually transported on canals. Sec. 3. That said corporation may purchase, and forever hold so much land and real estate, as may be necessary for making said canal towing-paths and berm erecting locks, aqueducts, culverts, dams, was[t]e-weirs, and toll-houses, the waters connected therewith” after “mill-seats upon said canal”; (2) exempting timber in section 6; (3) deleting from twelfth section language that would have given the corporation the exclusive right to operate passenger boats and adding the final sentence to the same section; and (4) adding the name of a sixth commissioner, Roger Mills, to section 21. Both houses approved the other’s changes. General Assembly Papers, 1822, Box 2, folder 19, item 58. The state commissioners appointed in this act met for the first time in July 1822, but serious efforts at organization did not take place until the next year, after Massachusetts had authorized its section of the overall project. In July 1823 stock subscription books were opened and a company meeting appointed a board of directors, with Joel Root as president, George Hoadly as treasurer, and William W. Boardman as secretary. Construction began in 1825; however, the second section of the canal, from Farmington to Colebrook (section 1) was never completed. Harte, “Connecti- cut’s Canals,” pp. 123, 125–28. 246 PUBLIC RECORDS May,

and also, for the purpose of feeders; and for public accommodation, to purchase and hold such other lands as said corporation shall judge necessary, and thereon to construct basins or artificial harbours for the canal boats, with side cuts or lateral canals thereto, at such place or places as said corporation shall judge expedient. And said corporation are also hereby authorized to purchase and hold any mills, manufactories, or mill-seats upon said canal, or adjacent thereto, and upon such mill-seats, to erect such mills, or manufactories as said corporation may judge expedient; and the same may rent, occupy, aliene, and convey, by lease or deed under the hand of the Treasurer, with the seal of said corporation affixed thereto, in such way and manner, as said corporation shall direct; provided however, that no part of the land occupied by, and necessary for the canal and the works connected therewith connected, shall ever be sold, but shall be used with the canal. And said corporation shall have full right to rent, lease, or sell any, and all surplus waters connected with the canal, for the purpose of irrigating lands, and for all other purposes; and may also alienate and convey all lands not necessary for a full use of the canal. And said corporation shall make and finish said canal, and construct all necessary locks, aqueducts, culverts, dams, was[t]e-weirs, towing-paths, berm and toll-houses thereon, within the term of ten years next after the passage of this act.— Sec. 4. There shall be a board of commissioners for said canal consisting of six persons denominated the Commissioners of the Farmington Canal, who shall be sworn to a faithful discharge of the trust reposed in them by virtue of this act; who shall not be interested in any way whatever in said corporation; who shall, with the assistance of such engineers, surveyors, and other agents as said corporation shall employ, survey and lay out the Farmington Canal, through such towns, and on such route, as shall be adjudged the most feasible, and best calculated for the purpose of constructing the canal, and to survey and lay out the same of such width or widths in all places, as shall be necessary for the construction of said Canal, together with all the works therewith connected; and having designated the route for the canal, said commissioners shall as soon as convenience will permit, notify, if practicable, the person or persons whose lands may have been taken, as is hereafter provided, for the purposes of the canal, to appear before them, and be heard on any and all claims they may have for damages; on which hearing, and without a hearing where such person or persons shall neglect to appear before them, said commissioners shall make a just and equitable estimate and appraisal of the loss or damage, if any, over and above the benefits and advantages to the respective owners, or proprietors, or parties interested in the premises so required for the purposes aforesaid, by, and in consequence of making and constructing any of the works aforesaid; and said commissioners shall make regular entries of all their determinations and appraisals, made under this act, in a book to be kept for that purpose, and shall certify and sign their names to the same, and in like manner, shall enter 1822 OF CONNECTICUT 247

their determinations, where they shall allow no damages; provided, however, they need to make no determination or entry, where the proprietor or proprietors gratuitously relinquish their lands to the corporation, or where the corporation and parties in interest, shall mutually agree as to the price thereof; which damages thus assessed, shall be paid by said corporation to the several persons in whose favour such assessments shall have been made, within six months after the same shall be finally established;provided, also that an appeal may at anytime within sixty days after the decision made by said commissioners, be taken as in this act is hereafter provided. Sec. 5. That it shall and may be lawful for said corporation, by their agents, superintendents, or engineers, with the consent and approbation of the commissioners, to enter upon, and take possession of, and use all and singular any lands, waters, and streams necessary for the prosecution of the improvements intended by this act of incorporation, doing nevertheless, no unnecessary damage, and in case any lands, waters, or streams taken and appropriated for the purpose aforesaid, shall not be given or granted to said corporation, and in case the parties cannot agree on the damages, it shall be the duty of said commissioners, to assess the just and equitable damages sustained thereby; in which case, an appeal may also be taken by the party ag[g]rieved, in the way pointed out by this act; and said corporation shall pay all such damages within six months after the final assessment thereof; and the lands, waters and streams thus taken, shall be owned and possessed by said corporation, for the use of said canal forever— Sec. 6. Whereas it may so happen that said canal, or the works connected therewith, may be injured by unforeseen accidents, whereby the navigation thereof may be interrupted, and the lands adjacent thereto, may be exposed to damage; therefore, for a speedy reparation of such injury, that whenever, and as often as such case shall happen, it shall be lawful for said corporation, by their agents, engineers, or workmen, with carts, waggons or other carriages, together with all necessary teams and tools, to enter upon any lands contiguous to the said canal, or the works connected therewith, to dig for, work, and to get and carry away, and use, all such stone, gravel, clay, and other materials, except timber, as may be necessary and proper for such reparation, doing as little damage thereby, as the nature of the case will permit. And in case damages shall be claimed by the owner or owners of the land so entered upon as aforesaid, the same shall be assessed by the commissioners, in the same way and manner as heretofore in this act is pointed out; and all persons ag[g]rieved by the decisions of said commissioners, shall have an appeal as in this act is provided. Sec. 7. Whenever said corporation, or any person interested in any decision made by said commissioners, as aforesaid, shall be ag[g]rieved thereby, then and in that case, said corporation or individual may within sixty day after such decision, appeal to the county court of that county where the land lies, or where 248 PUBLIC RECORDS May,

the damages were sustained, for the appointment of three judicious, disinterested freeholders of the county, to review the decision of said commissioners; and thereupon, said court shall appoint three such persons to review the same, who shall also be sworn to a faithful discharge of their trust; and thereupon, the parties in interest being present, or if absent after reasonable notice given, said freeholders shall hear all such proofs as shall be laid before them, and shall also enquire of said commissioners, the principles on which they made their decision; and thereupon, said freeholders shall review the doings of said commissioners, and make up their award, in writing, thereon, and shall return the same to said court, who shall review the doings of said commissioners and freeholders, and thereupon, decide the matter in dispute between the parties; which decision shall be conclusive on all parties; and said court may, in their discretion, tax costs and issue an execution accordingly; and provided however, in case of said freeholders shall neglect or refuse to make their award, as aforesaid, within sixty days next after their appointment, the party appealing as aforesaid, shall take nothing by his appeal. Sec. 8. No person shall construct any bridge across, or wharf, basin, or watering place on, or make and apply any device whatever, for the purpose of turning any water into, or taking any water from said canal, without first obtaining permission therefor, from said corporation, in writing, duly executed; and in case any person shall construct such bridge, wharf, basin, watering- place, or device as aforesaid, he shall forfeit and pay to said corporation, the sum of thirty five dollars; and said corporation shall remove the same at the expence of the person so making the same as aforesaid; and for all damage done to said canal, or any of the works connected therewith, said corporation may sue in any court of competent jurisdiction. Sec. 9. Said corporation shall build and keep in good repair, suitable and convenient bridges over said canal, in all places where said canal shall cross any public highway or road, and also where new roads may be laid out for public use; and such other bridges over and across said canal, for the accommodation of such persons as may own lands lying on both sides of the canal, at such place and places, and of such dimentions, as the commissioners, or a majority, shall order, and by writing direct; and shall also build toll-houses at such places as the commissioners shall direct; and shall at all times, keep and have suitable persons to tend the same, and to tend the locks which may be constructed on said canal, so that boatmen be not unnecessarily detained in their passage. Sec. 10. The corporation, by their directors, may from time to time, make and order the payment of such instalment or instalments on the stockholders in said corporation, as shall be necessary to complete said canal and other works connected therewith, under this act, giving public notice thereof in two or more public newspapers printed in this state, and any further notice as said corporation shall direct; and in case such stockholder or stockholders shall neglect or 1822 OF CONNECTICUT 249

refuse payment thereof, he shall forfeit all claims for dividends thereon, and the stock of such negligent holder, or so much thereof as shall be necessary, may be sold by the directors of said corporation, at public auction, after the lapse of six months; and all surplus money, the avails of such sale, after deduct- ing such instalments, shall be paid over to such negligent stockholder. Sec. 11. The canal commissioners shall, at such time or times, place or places, as they judge expedient, open subscriptions for the stock of said corporation, on such terms and conditions, and to such an amount as they shall judge necessary; which subscriptions they shall receive, having previously given public notice thereof, if they shall find it necessary; and said commissioners are hereby authorized, on such subscriptions, to settle the stock of said corporation, and to warn and call the first meeting of the stockholders thereof; at which meeting said corporation may organize by the choice of such officers, and transacting such business as shall be necessary; and the annual and other meetings of said corporation shall be warned and held at such times and places, and in such way, as said corporation, by their by-laws, shall order and direct; and each share in said corporation shall entitle the owner thereof to one vote in all meetings of said corporation; and stockholders may act and vote by their attornies duly authorized— Sec. 12. The corporation shall keep an exact account of all disbursements in relation to said canal, and such other works as are necessarily connected therewith, which shall be liquidated and adjusted by said commissioners, and when said canal shall be completed, the commissioners shall state the amount of such expences, and return the same to the Controller of this state, where it is to be lodged; but all other boats of proper size and construction, may be run on said canal, either with or without freight, by any person or persons whatever; provided, however, said corporation may lease out, or sell the right of running packets or passenger boats thereon, that is, so many of them as shall be sufficient at all times to accommodate the public. And said corporation may collect toll on all boats, and transit duties on all goods, wares, and merchandize, produce, lumber, and timber of every name and description whatever, that is or can be transported on said canal, with all wood, coal, stone, sand, clay, lime, marble, ore, plaster, and other property of all descriptions, in short, on every thing transported on the canal; whenever, and as soon as said canal is made, or any fifteen miles thereof shall be completed, and the waters thereof shall have been let into the canal for use: All tolls and transit duties shall be estimated for each mile [of] transportation, on said canal. The commissioners shall have power annually to license so many packet or passage boats, as they shall deem expedient, and shall determine the sum or sums, that such boat or boats shall pay to said company, and no person or persons shall run any boat or packet, upon said canal, for the transportation of persons only, without the licence first had and obtained from said commissioners. 250 PUBLIC RECORDS May,

Sec. 13. The canal commissioners shall fix, and from time to time, establish the toll on the canal boats, to be estimated on the capacity or tonnage thereof, and the transit duties, on all such articles as shall or may be transported on said canal; provided however, said toll and transit duties shall not secure to, or collect for said corporation, more than twelve per cent, annual dividend, on the stock of said corporation, over and above the annual expences of improvements and repairs of said canal, and other works therewith necessarily connected; provided also, that said corporation may make semiannual dividends of profits, which shall be punctually paid to the stockholders by their treasurer. Sec. 14. That said corporation are hereby fully authorized to take, accept and receive, all such lands and tenements, or grants thereof, as shall be made to them gratuitously, and the same to hold, use, or dispose of, in the same way and manner, as their other lands under this act. Sec. 15. That no person or persons shall lead, drive or ride any horse, ox, ass, mule, or other cattle upon the towing-path, or the bank opposite to the towing path of said canal, except for the purpose of towing boats, or other floating things upon the waters thereof, and except for the purpose of conveying articles to and from said canal, in order to [sic] their transportation on the waters of the same, or their delivery at the place of their destination; nor shall the owner thereof, suffer the same, or any hog, to run at large thereon, on pain of forfeiting a sum not exceeding ten dollars to said corporation, for each offence, to be by them recovered before any court of competent jurisdiction. Sec. 16. That if any person shall obstruct the navigation of said canal, by sinking any vessel, timber, stone, or other thing or things, to the bottom of said canal; or by placing any obstruction on, or across the same, or on the towing path thereof, or on the bank opposite thereto, such person or persons shall forfeit and pay to said corporation, for every such offence, a sum not exceeding thirty-five dollars, together with double damages, to be recovered as aforesaid. Sec. 17. That if any person or persons shall wantonly or unnecessarily open or shut, or cause to be opened or shut, any lock gate, or any paddle or culvert- gate of said canal, or any waste gate, or drive any nails, spikes, pins, wedges, or other thing into either of the gates, or shall wantonly or maliciously break, throw down, or destroy any bridge on said canal, such person or persons shall for every such offence, forfeit to said corporation a sum not exceeding thirty-five dollars, and in addition thereto, double damages, to be recovered as aforesaid. Sec. 18. That if any person or persons shall wilfully and maliciously break, throw down, or destroy any lock, bank, waste-weir, dam, aqueduct, or culvert- gate, or toll-house belonging to said canal, such person or persons shall, for every such offence, forfeit and pay to said corporation, the sum of thirty five dollars, together with double damages arising therefrom. 1822 OF CONNECTICUT 251

Sec. 19. That all toll collectors duly appointed by said corporation, may at the proper place or places for collection of toll and transit duties, stop and detain all boats, and other property floating on said canal, until the boatman or person having charge thereof, or the owner thereof, shall pay the full amount of toll and transit duties due to said corporation. Sec. 20. That in all cases where any road or public highway is so located, that said canal cannot be judiciously laid out, and made, without interfering therewith, in such case or cases, said corporation may by their engineer, cause such road or roads to be so shifted & altered, as that said canal may be made on the best site of ground for the purpose; provided, that when the location of any road or highway, is altered, the consent of the commissioners be first had to the same; and provided, that said corporation shall put road thus altered, in as good repair as the old one was, at the time of removing the same. Sec. 21. That Messrs. Simeon Baldwin, Isaac Mills, William Moseley, George Cowles, Jonathan Pettibone Junior and Roger Mills, be, and they hereby are appointed commissioners on said canal, with full powers to do and perform all and singular the acts and things required of them under this act; for which services, said corporation shall pay them a reasonable compensation, to be adjusted, determined, and allowed by the Senate. And said commissioners shall inspect, from time to time, the construction of said canal and all the works connected therewith; and that whenever, and as soon as the same shall be completed, and the waters thereof let in for use, said commissioners shall make out and return to the Secretary of this state, their report of the survey of said canal route; and shall also make their report of the entire expences of said corporation in the business of making the canal, and lodge the same with the Controller of public accounts, which shall include in it the whole amount of the stock of said corporation; provided, that at the expiration of ten years from the rising of this Assembly, or previously, if said canal shall be sooner constructed and completed, the Senate shall annually, thereafter, appoint commissioners thereon, and such number as they may deem expedient; and that whenever there shall be a vacancy in the board of commissioners, by death, resignation, or otherwise, such vacancy shall be filled by the Governour, or such other person as shall administer the government of the state, by and with the consent of the Senate; and in the recess of the General Assembly, he may appoint a commissioner or commissioners until the next meeting of the Senate; which commissioners may be removed from office by the Senate of this state. Sec. 22. That the stock of said corporation shall not be listed in the list of this state, nor be subject to any taxation whatever, for the full term of twenty one years, from and after the time when said canal shall be completed and in use. Sec. 23. That said commissioner shall annually, and oftener, if necessary, carefully inspect said canal and the bridges across the same, with all the other works connected therewith; and if said canal, or bridges, or other works con- 252 PUBLIC RECORDS May,

nected therewith, shall at any time be out of repair; or in case the locks shall not be faithfully tended, so that unnecessary delays happen to the passages of boats, or other things on said canal, then, and in either case, said commissioners may order said corporation to take no more toll or transit duties, until all suitable and necessary repairs be made on said canal, bridges, and other works connected therewith; nor until faithful and sufficient lock-tenders shall be employed by said corporation; in which case, said corporation shall not collect or receive any toll or transit duties, until they shall obtain from said commissioners, a certificate, that all necessary repairs are made, and that suitable lock-tenders are employed by said corporation. Sec. 24. That in case it shall so happen, that said corporation shall neglect to hold their annual meeting or meetings, for the purpose of choosing their officers, and for transacting any other business, such neglect shall not be, or operate as a dissolution of said corporation; but said corporation may at any time after, reorganize, by the appointment of their necessary officers, who shall have and exercise the same powers as though they had been appointed at the annual meeting; and all the officers of said corporation, shall hold their offices until others are appointed in their place. Sec. 25. That in all cases, when the commissioners shall meet for the purpose of transacting the business assigned them in this act, three of said commissioners shall constitute a quorum to transact such business; provided, that not more than three attend such meeting. Sec. 26. That whenever application shall be made to the commissioners, for an order directing said corporation to build a bridge, over said canal, or to repair one already built, and such commissioners shall refuse or neglect to give such order, the person or persons who shall feel aggrieved by such decision, may apply to the next county court within the county in which such case shall arise, and thereupon, said court shall appoint three good and sufficient freeholders to review the decision of said commissioners in the premises, on the principles, and in the manner stated in the 7th section of this bill; which freeholders shall make report of their doings to such county court; and if the same be accepted by such court, the decision of such freeholders, shall be conclusive on all concerned; and said corporation and such applicant shall comply therewith, and abide thereby; and such court shall tax costs at their discretion, and issue execution accordingly. Sec. 27. That all expences that have been, or shall be incurred, in procuring the inspection, examination and surveying the location of said canal, and also all expences that have been, or shall be incurred preparatory to the incorporation and organization of the company, shall be refunded to those who have paid the same, out of the first instalment; and the amount thereof shall be entered on the books of the company, and become a part of the capital stock. 1822 OF CONNECTICUT 253

Upon the petition of Leman Stone and others, shewing to this Assembly, that inland navigation may be opened by means of a canal along and near the valley of the Ousatonic river, from the tide waters thereof, to Massachusetts line, and praying for an act of incorporation, as per petition on file;54 1. Resolved by this Assembly, that Leman Stone, Thomas Vose, Clark Beard- sley, John Moseley, Asa Johnson, Homer Boardman, William Taylor, Philo Mills, William T. Hopson, Philo Swift, John Calhoun, Lee Canfield, Horace Canfield, John M. Holly, John C. Coffin, Philo De Forest, Constantine McMa- hon, Abijah B. Curtiss, Nichols Curtiss, and Clark Elliott, and such person as shall associate with them, be, and they hereby are constituted and made a body politic and corporate, by the name of “The Ousatonic Canal Company”, and by

54. For the context of this act, see above, pp. xxix–xxxi. Unlike the Farmington Canal Com- pany, incorporated in the previous action, this endeavor was never successfully launched. In a petition dated April 12, 1822, a group of promoters led by Leman Stone noted that the Housatonic River was navigable only for the twelve miles up to Derby. The country above was very productive economically but the transport of goods was expensive; stressing the usefulness to the community of such improvements, the petitioners expressed the wish that “navigation by a canal or by improving the bed of the river may effected throughout.” A legislative committee recommended incorporating a canal company, noting the value of “the recent & great efforts of neighbouring states” and arguing that incorporation would provide additional encouragement to the petitioners’ projects. The committee noted the great expense of land transportation in the area and expressed the opinion that “Canals are doubtless fraught with advantages to all classes of pursuits & every community [including agriculture]; but they are especially productive of the highest benefits to a people inhab- iting a country in which nature has bestowed the more burthensome tho not less valuable materials of metals & minerals,” as was the case with stone, lime, and marble in the Housatonic Valley; the committee also detailed economic benefits to other sectors of the community. General Assembly Papers, 1822, Box 2, folder 19, items 55–56. The legislators made a number of changes during the drafting process, mostly affecting wording and style. During formal legislative consideration, both houses made additional alterations, some of which mirrored changes made in the resolutions on the Farmington Canal Company. The Senate made the following substantive changes: (1) changing the name from the “Ousatonic Inland Navigation Company” to the “Ousatonic Canal Company” in the first section; (2) adding the phrase “with the approbation and consent of the commissioners” in the fourth section; (3) substituting the phrase “a sum not exceeding” for “the sum of” in section 7, inserting the same phrase in the twelfth section, substituting “a sum not exceeding thirty-five dollars” for “the sum of fifty dollars” in section 13, and substituting “a sum not exceeding thirty five dollars” for “the sum of one hundred dollars” in the fourteenth section; (4) inserting the names of five commissioners in the seventeenth section; (5) inserting in the same section the words “to be adjusted, allowed, and determined by the Senate” and the phrase “provided, that at the expiration of ten years . . . may deem expedient;” (6) deleting a phrase from section 18 which read “nor after the lapse of that period shall the same ever be taxed unless the annual dividends on sd. stock shall exceed six per cent”; and (7) adding section 23 to the bill. The House followed with significant alterations of its own: (1) deleting from eleventh section language that would have given the corporation the exclusive right to operate passenger boats and adding the final sentence to the same section; (2) exempting timber in section 21; and (3) substituting Martin Strong for William M. Burrall in the Senate’s list of commissioners in the seventeenth section. Both houses approved the other’s changes. General Assembly Papers, 1822, Box 2, folder 19, item 57. 254 PUBLIC RECORDS May,

that name shall be capable of perpetual succession, may sue and be sued, defend and be defended, in law and equity, in all courts whatsoever; may have and use a common seal, such as they shall devise, and the same may alter and change at pleasure; and may make and establish such by-laws, rules and regulations, as shall, from time to time, appear necessary and convenient for the good government of said corporation, and the preservation and due management of their property, interests and affairs; and to such by-laws, rules and regulations may annex suitable penalties, not exceeding ten dollars, and may cause the same to be duly executed; provided, the same shall not be repugnant to the laws of this state; and may appoint such officers, and employ such agents and labourers, as they shall deem expedient. The stock of said corporation shall consist of such sum or sums of money as may be found necessary to carry into complete effect the entire objects of their incorporation, and shall be divided into shares of one hundred dollars each; which shall be transferable in such manner as said corporation shall direct; and the stock of said corporation shall be deemed and considered personal property. And said corporation may determine the notice to be given for, and the times and places of holding the annual and other meetings of the stockholders therein; and each share in the stock of said corporation, shall entitle the owner thereof to one vote, in all meetings of said corporation; and stockholders may vote and act by their attornies duly authorized. Sec. 2. That said corporation be, and they hereby are authorized to make and construct and forever maintain a canal of suitable width, depth, and dimentions, to be determined by said corporation, with the advice of the commissioners hereinafter provided for, from Derby Landing along or near the valley of the Outsatonic river through the town of New-Milford, and terminating at the line between this state and the state of Massachusetts, in the town of Salisbury or Canaan as the said corporation, with the advice of said commissioners shall judge best; and between New-Milford Falls and said state line, the said canal may be constructed on either side of said river, and may be carried across said river, by means of an aqueduct, or on a pond formed by a dam at such place or places, and so often as said commissioners shall deem best; and connected with said canal, said corporation may form and construct a towing-path or paths and berm, all necessary locks, aqueducts, culverts, dams, waste weirs and toll-houses, artificial harbours or basins for boats, side cuts or lateral canals connected with said basins, and with said Ousatonic river, at such place or places as shall be found expedient; and all necessary feeders from said river, or from other streams, if more convenient; and all other works incident, and necessary, and convenient for constructing, maintaining and repairing said canal. And said corporation shall complete said canal, and the works necessary to the navigation thereof, within ten years from and after the passing of this act of incorporation. 1822 OF CONNECTICUT 255

Sec. 3. That said corporation may purchase, and forever hold any and all lands and real estate, necessary for constructing, maintaining, and repairing said canal, and the works connected therewith, as aforesaid; and may also, receive, take and hold all voluntary grants and donations of real estate and lands, which shall be made to them, to aid the objects of said corporation; and whenever, in either of the ways aforesaid, said corporation shall become possessed of, and own any lands and real estate, which it may be unnecessary for them to retain, for the purposes aforesaid, it shall be lawful for them to lease, occupy, aliene, and convey the same, by lease or deed, with their seal affixed thereto, under the hand of such officer or agent as they shall appoint; and to lease or sell any and all surplus waters of said canal not wanted for the most commodious navigation thereof, on such terms, and for such purposes as they shall deem expedient: Provided, however, that all lands and waters belonging to said corporation, necessary for the navigation of said canal, and for maintaining and repairing the same, and the works connected therewith, as aforesaid, shall be forever held by said corporation, and applied only to, and for the said purposes. Sec. 4. That for the purpose of assuring to said corporation all the lands, real estate, and waters requisite for most economically constructing and maintaining said canal, and the works connected therewith, and incident and necessary to the navigation of the same, whenever the said lands and waters shall not be obtained by voluntary donation, or fair purchase, it shall be lawful for said corporation, by their agents, superintendants, or engineers, with the approbation and consent of the commissioners, to enter upon, take possession of, and use all such lands, real estate and streams as shall be necessary for the purposes aforesaid, and the same to hold, own, and possess forever, to, and for the same purposes. And it shall be the duty of the commissioners hereinafter provided for, to assess the just and equitable damages sustained thereby, to the owner or owners of the lands and waters taken as aforesaid, over and above the benefits and advantages arising to such owner or owners, respectively, from the formation of said canal and works; and any corporation or individual, or party in interest, aggrieved thereby, may appeal from such assessment of said commissioners in the way hereinafter pointed out. And said corporation shall pay all such damages as are assessed, or allowed on appeal, within six months after such assessment, or the determination of said appeal. Sec. 5. That there shall be a board of commissioners for said canal, consisting of five persons, denominated Commissioners of the Housatonic Canal; who shall be sworn to a faithful discharge of the trust reposed in them by this act of incorporation, and who shall not be in any way interested in said corporation. And said commissioners, with the assistance of such engineers, surveyors, and other agents as said corporation shall employ, shall survey and lay out said canal, on the most feasible grounds for the construction thereof, and the works connected therewith, on the route, and within the limits contained in 256 PUBLIC RECORDS May,

this grant. And whenever the lines of said canal are laid, and the grounds to be occupied by the same, and the works connected therewith, are designated and fixed on, as aforesaid, or as soon as may be convenient thereafter, the said commissioners shall notify, if practicable, the owner or owners of such lands and real estate as may have been taken for the purposes of said canal and works, (other than such as shall belong to said corporation by gift or purchase) to appear before them to be heard on any and all claims such owner or owners may have for damages, on which hearing (and without such hearing, if such owner or owners shall neglect to appear before them) said commissioners shall make a just an equitable estimate and appraisal, on the principles contained in the fourth section of this grant, of the damages, if any, sustained by such owner or owners, in consequence of constructing said canal and works; and shall make regular entries of all their determinations and appraisals, as well where they shall allow, as where they shall estimate no damages, in a book to be kept for that purpose, and shall certify, and sign their names to the same. And whenever said corporation, or any individual interested in any such determination of said commissioners, relative to damages, and shall be aggrieved thereby, such corporation, or individual may within sixty days after such determination is made, apply to the county court of that county in which such damages are claimed to have arisen, for the appointment of three judicious and disinterested freeholders of the same county; and thereupon, said court shall appoint three such freeholders, who shall be sworn to a faithful discharge of their trust, to review the determination of said commissioners relative to such damages; and thereupon, the parties in interest being present, or if absent, after reasonable notice given, said freeholders shall hear such proofs as may be laid before them, and enquire of said commissioners the principles on which their decision was made, and shall make up their award, in writing, thereon, and return the same to said court; and said court, on hearing, if desired by either party, shall review the doings of said commissioners, and said award, and thereupon, shall decide, finally, the question in dispute between the parties, and may in their discretion, tax costs and issue execution accordingly; provided, however, that in all cases of appeals being taken as aforesaid, if the said freeholders shall neglect or refuse to make their award within sixty days next after their appointment, the party appealing shall take nothing by his appeal.— Sec. 6. That in all cases, where any road or public highway is so located that said canal cannot be judiciously laid out and made without interfering therewith, it shall be lawful for said corporation, with the advice and consent of said commissioners, by their engineers, to cause said highway or road to be so shifted, as that said canal and works may be laid on the most advantageous site of ground; provided, that said corporation shall cause such road or highway thus altered, to be put in as good repair as the old one was at the time of removing the same. 1822 OF CONNECTICUT 257

Sec. 7. That no person shall construct any bridge across, or wharf, basin, or watering place on, or make, or apply any device whatever, for the purpose of turning any water from said canal, or the feeders connected therewith, without first obtaining permission therefor, in writing, from said corporation. And if any person shall construct any bridge, wharf, basin, watering-place, or device, as aforesaid, he shall forfeit and pay to said corporation a sum not exceeding thirty-five dollars; and said corporation may remove the same, at the expence of the person so making and applying the same, as aforesaid; and for all damages done to said canal, or the works connected therewith, said corporation may sue in any court of competent jurisdiction.— Sec. 8. Said corporation shall build and keep in good repair, suitable and convenient bridges over and across said canal, in all places where said canal shall cross any public highway or road; and also, when new roads shall be laid out across the same, for public use; and all other necessary bridges over and across said canal, for the accommodation of persons owning lands on both sides of said canal, at such place or places as said commissioners shall in writing direct. And said corporation shall also build or procure and maintain, toll-houses, at such places as said commissioners shall direct; and shall at all times keep and have suitable persons to tend the same, and the locks constructed on said canal. Sec. 9. The corporation may by their directors, from time to time, make and order the payment of such instalment or instalments on the stockholders in said corporation, as shall be necessary to complete said canal and the works connected therewith, under this charter; and in case any stockholder in said corporation, shall neglect or refuse to pay said instalment or instalments, he shall forfeit all claims to any dividends thereon; and after the lapse of six months from the time said instalment or instalments were made payable, if the same remain unpaid, the stock of such negligent holder, or so much thereof as is necessary, maybe sold by said directors, at public auction, and the avails of such sale applied in payment of such instalment or instalments. Sec. 10. The canal commissioners shall, at such time or times, place or places, as they may deem expedient, open subscriptions for the stock of said corporation, upon such terms and conditions, and to such an amount, as they shall judge necessary, having previously given public notice thereof, if by them deemed expedient; and upon such subscriptions which they shall receive, said commissioners are hereby authorized to settle the stock of said corporation, and to warn and call the first meeting of the stockholders; at which meeting the said corporation may organize by the choice of such officers, and transacting such business as may be necessary. Sec. 11. The corporation shall keep an exact account of all disbursements in relation to said canal, and other works connected therewith, which shall be liquidated and adjusted by said commissioners; and whenever said canal shall be completed, and all the works connected therewith, said commissioners shall 258 PUBLIC RECORDS May,

state the amount of such disbursements and expences, and return the same to the Controller of public accounts of this state, in whose office said return shall be lodged on file. All boats of suitable size and construction, may be run on said canal, with or without freight, by any and all persons whatsoever; provided, that it shall be lawful for said corporation to prohibit the running of boats on said canal to be moved by steam, paddles, oars, or setting poles. And said corporation shall have power to sell or lease the right of running packet or passenger boats on said canal for the carrying of passengers only, in such numbers as shall at all times accommodate the public. And said corporation may collect toll on all boats, and transit duties on all articles of produce and manufactures, of trade and merchandize, destined for market or other purposes, and all other articles of whatever name or description which shall be transported on said canal, whenever, and as soon as said canal shall be made and completed, or any fifteen miles thereof, and ready for use. And all tolls and transit duties shall be fixed and established, from time to time, by the commissioners on said canal, viz. on the canal boats to be estimated on the capacity or tonnage thereof; and on all articles transported on said canal, by such ratio as shall be found convenient; provided, that all tolls and transit duties, shall be estimated and fixed for each mile transportation on said canal; and provided, that said toll and transit duties shall not collect and secure to said corporation, more than twelve per cent annual dividends on the stock of said corporation, over and above the annual expences of repairs and improvements, and other necessary disbursements of said corporation. And said corporation may, at their discretion, make semi-annual dividends of profits, which, together with all other dividends, at any time made by said corporation, shall be punctually paid to the stockholders. The commissioners shall have power annually, to licence so many packet or passenger boats, as they shall deem expedient, and shall determine the sum or sums that such boat or boats shall pay to said company; and no person or persons shall run any boat or packet upon said canal, for the transportation of passengers only, without the licence first had and obtained from commissioners. Sec. 12. That no person or persons shall lead, drive or ride any horse, ox, or other cattle, or animals, upon the towing-path, or the bank opposite to the towing-path of said canal, except for the purpose of towing boats or other floating things upon the waters of said canal, and except for the purpose of conveying articles to and from said canal, for the purpose of transportation or delivery, nor permit swine, cattle, or other animals belonging to him or them, to run and range in or upon said canal or towing-path, on pain of forfeiting a sum not exceeding ten dollars to said corporation, to be by them recovered before any court of competent jurisdiction. Sec. 13. That if any person shall obstruct the navigation of said canal by sinking or placing therein, any vessel, timber, stone, earth, or other thing or 1822 OF CONNECTICUT 259

things not destined, or proper to be transported on said canal, or by placing, or laying any obstruction on or across said canal, or the towing-path thereof, or the bank opposite the towing path, such person or persons so offending, shall forfeit and pay to said corporation, a sum not exceeding thirty-five dollars, to be recovered as aforesaid. Sec. 14. That if any person or persons not authorized thereto, shall open or shut, or cause to be opened or shut, any lock gate, or any paddle or culvert gate, of said canal, or any waste-gate thereof, or shall wantonly drive any nails, spikes, pins or wedges into either of the said gates, or shall break, throw down, or destroy any lock, embankment, waste-weir, dam, aqueduct, or bridge on, or belonging to said canal, such person or persons shall, for every such offence, forfeit and pay to said corporation, a sum not exceeding thirty five dollars, and in addition thereto, double damages, to be recovered as aforesaid. Sec. 15. That toll collectors duly appointed by said corporation, may, at the proper place or places for the collection of toll and transit duties, stop and detain all boats and other property floating on said canal, until the full amount of the toll and duties charged on said boats or property, and legally due said corporation, shall be paid. Sec. 16. That whenever, and so far as said canal shall be laid contiguous to, and in the immediate direction of any road or public highway on which toll is by law authorized to be taken of travellers passing thereon, said corporation shall not, in the winter season, permit such travel or transportation on the ice which may be formed on said canal, as destined for the same market or place, would otherwise pass through a gate or gates on said road, unless the person or persons thus passing or transporting, shall pay the legal toll at said gate or gates. And whenever, during the time of constructing or repairing said canal, or the works connected therewith, the travel on such road or highway shall thereby be obstructed, so that a less amount of toll is collected at the gate or gates on said road, than otherwise would be, said corporation shall be charged with such deficiency, to be assessed by said commissioners, and paid to the owners of said road, by said corporation. Sec. 17. That Orange Merwin, Timothy Shepard, Oliver Burnham, John L. Tomlinson, and Martin Strong, Esquires, be, and they hereby are appointed commissioners on said canal, with full powers to do and perform all and singular the acts and things required of them by the provisions of this charter; for which services said corporation shall pay to them a reasonable compensation, to be adjusted, allowed, and determined by the Senate. And said commissioners shall inspect, from time to time, the construction of said canal, and the works therewith connected; and whenever the same shall be completed and finished for use, said commissioners shall make out and return to the Secretary of this state, their report of the survey and route of said canal, and transmit their report of the entire expences of said corporation in the business of said canal, 260 PUBLIC RECORDS May,

embracing the whole amount of the stock of said corporation, to the Controller of this state, as aforesaid; provided, that at the expiration of ten years from the rising of this Assembly, or previously, if said canal shall be sooner constructed and completed, the Senate shall annually thereafter, appoint commissioners thereon, and such number as they may deem expedient. And whenever there shall be a vacancy in said board of commissioners, by death, resignation, or otherwise, such vacancy, if it happen during the recess of the General Assem- bly, may be filled by the Governour of this state, or person acting as such, until the next meeting of the Senate; and at all other times, any vacancy or vacancies in said board shall be filled by the Governour of this state, by and with the advice of the Senate. And said commissioners shall be liable to be removed from office for reasonable cause, by the Senate of this state. And any three of said commissioners, in the absence of the others, shall constitute a board to do and perform any of the duties required of said commissioners, in this act of incorporation. Sec. 18. That the stock of said corporation shall not be liable to be taxed in this state, until after the expiration of twenty one years next after the completion of said canal for use. Sec. 19. It shall be the duty of said commissioners, annually, and oftener, if necessary, carefully to inspect said canal and works, and the bridges across the same; and if said canal, bridges, or other works shall be found at any time, to be out of repair, or if said locks shall not be faithfully tended, the said commissioners may forbid said corporation to take any more toll or transit duties, until the necessary repairs be made, and faithful lock-tenders be procured; and thereupon, the right of said corporation to take tolls and transit duties, shall cease and be suspended, until said repairs shall have been in fact made, and faithful lock-tenders employed. Sec. 20. That if it shall so happen, that said corporation shall at any time neglect to hold their annual meeting or meetings, for the purpose of choosing their officers, and for transacting any other business, such neglect shall not be, or operate as a dissolution of said corporation; but said corporation may at any time afterwards, reorganize by the appointment of their necessary officers, who shall have and exercise the same powers as they might have exercised, if appointed at the time when such neglect happened; and all the officers of said corporation, shall hold their offices until others are appointed in their places. Sec. 21. Whereas it may so happen, that said canal, or the works connected therewith, may be injured by unforeseen accidents, whereby the navigation thereof may be interrupted, and the lands adjacent thereto, be exposed to damage, therefore, for a speedy reparation of such injury, whenever, and as often as such case shall happen, it shall be lawful for said corporation, by their agents, workmen, or superintendants, to enter upon any lands contiguous to the said canal, or said works, and take, get, carry away, and use, all such stone, gravel, 1822 OF CONNECTICUT 261

clay, and other materials, except timber, as may be necessary and proper for such reparations. And in case damages shall be claimed by the owner or owners of the land so entered upon, the same shall be assessed by said commissioners, from whose decision, all parties aggrieved thereby, may have their appeal as is before in the fifth section of this charter provided. Sec. 22. Whenever application shall be made to said commissioners, for an order requiring said corporation to build a bridge over said canal, or to repair one already built, and said commissioners shall decide, that no bridge in the place claimed, is necessary, or shall neglect or refuse to give such order; and whenever said commissioners shall make any decision relative to building or repairing any bridge across said canal, said corporation, and any person or persons interested therein, and aggrieved thereby, in either of the cases aforesaid, may apply to the next county court in the county in which such case shall arise, for the appointment of three judicious and disinterested freeholders of the same county, to review the doings of said commissioners; and thereupon, said court shall appoint three such freeholders; and said freeholders shall be sworn, enquire, and report, and said court shall proceed and decide upon the same principles, and in the same manner, in all respects, as is provided in the fifth section of this act of incorporation, relative to claims for damages. Sec. 23. That all expences that have been, or shall be incurred, in procuring the inspection, examination and surveying the location of said canal, and also, all expences that have been, or shall be incurred, preparatory to the incorporation and organization of the company, shall be refunded to those who have paid the same, out of the first instalment, and the amount thereof shall be entered on the books of the company, and become a part of the capital stock.

Upon the memorial of John H. De Forest, Lewis Waln and Jeremiah Fisher Leaming, shewing that the memorialists have purchased about sixteen acres of land, with the mill-seats, manufactories and buildings attached thereto, situated in the town of Derby, in New-Haven county, and known by the name of the Humphreysville Manufacturing Establishment; and have expended large sums in alterations and additions to the machinery and works, with a view to establish and maintain an extensive cotton manufactory, and various other domestic manufactures, praying that they, together with such persons as shall hereafter associate with them, may be incorporated into a company, with such powers as shall be necessary for the well ordering the concerns of said company;55

55. The Assembly had incorporated David Humphreys and his associates under this name in 1810; for information about this important manufacturing endeavor, see S.R., XIV, 125–26, 125n; XV, 40–42, 40n; XVI, xxix–xxx. Humphreys had died in 1818, and the present act reconstituted the company. The petition, dated May 7, 1822, is well summarized here. Unlike other incorporating acts for factories, the bill exists in manuscript form without a printed boilerplate. In the first resolution below, the phrase “so far as . . . their manufactures” was substituted for “as suits their 262 PUBLIC RECORDS May,

Resolved by this Assembly, that the said John H. De Forest, Lewis Waln, and Jeremiah Fisher Leaming, and such persons as may be hereafter associated with them, for the purposes of this act, shall be, and they hereby are, with their assigns and successors, made and established a body politic and corporate, by the name of “The Humphreysville Manufacturing Company,” for the purpose of manufacturing cotton yarn and cloth, and other domestic fabrics; and making, using, or selling all or any kinds of labour saving machinery, and domestic manufactures; and by that name, they, and their assigns and successors, shall be, and they hereby are authorized and empowered to purchase, take, hold, occupy, possess, and enjoy, to them and their successors, any goods, chattels or effects, of whatever kind they may be, to enable them to carry on such business to advantage; and the same to dispose of, so far as may be necessary in prosecuting the business of their manufacturers. Also, to purchase, take, hold, occupy, possess, and enjoy, any such lands, tenements or hereditaments as shall be necessary for the views and purposes of said corporation, not exceeding in the whole, fifty acres, and the same to sell and dispose of at pleasure; or to take or give a lease or leases thereof, or any part thereof, for a term of years. Also, to sue and be sued, plead and be impleaded, defend and be defended against, answer and be answered unto, in any court of record and or elsewhere: And said corporation may have and use a common seal, and may alter the same at pleasure. Resolved further, that a share of the capital stock of said company, shall, for the present, and until enlarged, as is hereinafter provided, be one hundred dollars, and shall be deemed and considered personal estate, and be transferable only on the books of said company, in such form as the directors of said company shall prescribe; and said company shall at all times, have a lien upon all the stock or property of the members of said corporation, invested therein, for all debts due from them to said company. Resolved further, that the stock, property and affairs of the corporation, shall be managed by not less than two, nor more than seven directors; one of whom they shall appoint their President, who shall hold their offices for one year, and until their places be filled by a new election. Said directors shall be stockholders, and citizens of the United States, and shall be annually elected at such time and place, within said county of New-Haven as the regulations of said corporation shall prescribe. A majority of said directors, shall on all occasions, constitute a board for transacting business; and such directors as are absent from this state, at the time of any meeting of directors, may vote by proxy: And a majority of the stockholders present, either in person or by attorney, at any le- convenience” during the drafting process; in the same resolution the Senate inserted “fifty” in the place of “two hundred” acres with the House’s concurrence. In the second resolution, the drafters deleted the words “but no transfer shall be valid so long as the stockholders transferring shall be indebted to the company,” and adding the final clause to the paragraph in their place. General As- sembly Papers, 1822, Box 2, folder 17, items 34–35. 1822 OF CONNECTICUT 263

gal meeting, shall be capable of transacting the business of such meeting; each share entitling the owner thereof to one vote; and each stockholder may vote in person or by proxy, in the choice of directors. And John H. De Forest, Lewis Waln and Jeremiah Fisher Leaming shall be the first directors of said corporation, and continue in office until the first annual meeting for the choice of directors, which shall not be later than the tenth day of September A.D. 1822. Resolved further, that the said President and directors, for the time being, or a major part of them, shall have power to fill any vacancy which may happen in their board, by death, resignation, or otherwise, for the current year; and to appoint and employ, from time to time, a Secretary, Treasurer, and such other officers, mechanics, workmen, artificers, labourers and servants, as they may think proper, for the transacting the business and concerns of the company; to require, and take bonds of any of their officers, agents, or servants, for the faithful discharge of their respective trusts; and also, to make and establish such by-laws, rules and regulations, as they shall think expedient, for the better management of the officers, mechanics, workmen, labourers, artificers,- ser vants and concerns of the said corporation, and the same to alter and repeal; provided always, that such by-laws, rules, and regulations, be not inconsistent with the laws and constitution of this state, and of the United States. And no stockholder, or officer of said company, or other person, shall have power to contract debts for said company, or make contracts binding on said company, unless such person shall be the authorized agent of said company, regularly appointed for that purpose by a majority of the directors of said company. Said directors may and shall, as often as the interest of the stockholders shall require, and the affairs of said company will permit, declare a dividend, or dividends of profit on each share, which shall be paid by the Treasurer of said company. Resolved further, that if it shall so happen, that an election of directors should not take place in any year, at the annual meeting of the corporation, the said corporation shall not for that reason, be dissolved; but such election may be held thereafter, on any convenient day, to be fixed on by the directors, they giving public notice thereof, by publishing the same in one newspaper printed in the city of New-Haven, and one newspaper printed in the city of Philadel- phia, at least twenty days before said day of meeting. Resolved further, that the books of said company, containing their accounts, shall, at all reasonable times, be open for the inspection of any of the stockholders of said company, and as often as once in each year, a statement of the accounts of said company, shall be made by order of the directors. Resolved further, that the directors may call in the subscriptions to the capital stock, by instalments, in such proportions and at such times and places as they may think proper, giving at least thirty days notice, by publication in one of the newspapers printed in New-Haven, and one of the newspapers printed in Philadelphia. And in case any stockholder shall neglect or refuse payment 264 PUBLIC RECORDS May,

of any such instalment or instalments, after the same shall become due and payable, such negligent stockholder shall pay interest on said instalment until such instalment shall be paid, provided it be paid within six months after due; and if said instalment or instalments shall not be paid, together with the interest thereon, within six months after the same has become due and payable, then such negligent stockholder, or stockholders shall forfeit to said company, all his or their previous instalments, together with all his or their rights and interest whatever, in said company. Resolved further, that said company may commence its operations, whenever, and so soon as, a capital stock of forty thousand dollars, or more, shall be taken up, or subscribed for;—And the said company may, from time to time, increase the capital stock of said corporation, on the vote of the stockholders; provided, that at a meeting, regularly warned for that purpose, and notice given in the manner last mentioned, the stockholders who shall, at the time, own three fifths of the capital stock of said company, shall vote in favour of increasing said capital stock. The capital stock may be increased as aforesaid, by adding a certain per centum to each share of the capital stock of said company; which shall be paid by the stockholders in the same manner, and subject to the same conditions and liabilities as any other instalments. Provided also, that said capital stock shall never be increased to a sum exceeding two hundred thousand dollars: And provided further, that nothing contained in this act shall be construed to authorize, or empower the said corporation, to use their funds for any banking transactions, or in purchasing the stock of any bank in this state, or any public stock whatever. Resolved further, that neither the persons, nor the private property of the stockholders in said company, shall be liable for, or on account of, any contract which shall at any time be made by said company, or by any of its officers, or servants, for the benefit, or on account of said company: Provided, that the said company shall, on or before the thirtieth day of September next, lodge a certificate, certified by its president or secretary with the town-clerk of the town of Derby, who is hereby directed to receive and record the same, containing a statement of the amount of the capital stock of said company. Provided also, that this grant shall be subject to be amended, altered, or repealed, at the pleasure of the General Assembly.

Upon the memorial of Horace Stocking, Joseph G. Norton, and Joseph Beaumont, praying for an act of incorporation, as per memorial on file, dated the 26th day of April A.D. 1822;56

56.The petitioners noted their expenditures for buildings and machinery for their factory in Middletown and requested incorporation to more effectively conduct their business. The bill was prepared from the standard printed boilerplate with handwritten additions during the drafting process. In this and the two following actions the final provision and language regarding liability for 1822 OF CONNECTICUT 265

Resolved by this Assembly, that the said Horace Stocking, Joseph G. Norton, and Joseph Beaumont, with all others, who are, or shall hereafter become associated with them, be, and they hereby are, with their successors and assigns, made and established a body politic and corporate by the name of “Nooks Manufacturing Company”; for the purpose of manufacturing and vending Cot- ton and Woolen goods in the most advantageous manner; and by that name, they, and their assigns and successors shall be, and hereby are, authorized and empowered to purchase, take, hold, occupy, possess and enjoy to them and their successors, any goods, chattels, and effects, of whatever kind they may be, the better to enable them to carry such business to advantage; also, to purchase, take, hold, occupy, possess, and enjoy, any such lands, tenements, or hereditaments, in the county of Middlesex, as shall be necessary for the views and purposes of said corporation, not exceeding in the whole, fifty acres, unless the same be taken in payment of, or as security for debts due the corporation; and the same to sell and dispose of at pleasure; or to take a lease or leases thereof for a term of years; also to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any court of record or elsewhere. And said corporation may have and use a common seal, and may alter the same at their pleasure. Resolved further, that the capital stock of said corporation shall not exceed one hundred thousand dollars; and that a share of said stock shall be one hundred dollars, and shall be deemed and considered personal estate, and be transferable only on the books of said company in such form as the directors of said company shall prescribe. And said company shall, at all times, have a lien upon all the stock or property of the members of said corporation, invested therein, for all debts due from them to said company; and said corporation may go into operation whenever, and as soon as ten thousand dollars shall be taken up or subscribed for. Resolved further, that the stock, property, and affairs of the corporation shall be managed by not less than three, nor more than five directors; one of whom they shall appoint their President; who shall hold their offices for one year; which directors shall be stockholders, and citizens of the United States, and shall be annually elected, at such time and place, as the regulations of said corporation shall prescribe. A majority of the directors shall on all occasions, when met in the town of Middletown, constitute a board for the transacting of business; and a majority of the stockholders present at any legal meeting, shall be capable of transacting the business of such meeting, each share entitling the owner thereof to one vote. And said Horace Stocking, Joseph G. Norton and Joseph Beaumont shall be the first directors of said corporation. corporate debt were added during the drafting process. General Assembly Papers, 1822, Box 2, folder 4, item 34. 266 PUBLIC RECORDS May,

Resolved further, that the said President and Directors, for the time being, or a major part of them, shall have power to fill any vacancy which may happen in their board, by death, resignation or otherwise, for the then current year, and to appoint and employ, from time to time, a Secretary, Treasurer, and such other officers, mechanics and labourers as they may think proper, for the transaction of the business and concerns of the company; and also to make and establish such by-laws, rules and regulations as they shall think expedient for the better management of the concerns of the said corporation, and the same to alter and repeal; provided always, that such by-laws, rules and regulations be not inconsistent with the laws of this state, or the United States. And said directors shall and may, as often as the interest of the stockholders shall require, and the affairs of said company will permit, declare a dividend or dividends of profit on each share, which shall be paid by the Treasurer of said company. Resolved further, that if it shall so happen, that an election of directors should not take place in any year, at the annual meeting of the corporation, the said corporation shall not, for that reason, be dissolved; but such election may be held thereafter, on any convenient day within one year, to be fixed on by the directors, they previously giving public notice thereof.— Resolved further, that the books of said company, containing their accounts, shall at all reasonable times, be open for the inspection of any of the stockholders of said company; and as often as once in each year, a statement of the accounts of said company, shall be made by order of the directors. Resolved further, that the directors may call in the subscriptions to the capital stock, by instalments, in such proportions, and at such times and places, as they may think proper, giving such notice thereof as the by-laws and regulations of said company shall prescribe; and in case any stockholder shall neglect or refuse payment of such instalment or instalments, for the term of sixty days after the same shall become due and payable, and after he, she, or they have been notified thereof, such negligent stockholder or stockholders shall forfeit to said company all his, her, or their previous instalments, together with all his, her, or their rights and interest whatever in said stock. Resolved further, that for the debts which may at any time be due from said company, the stockholders thereof shall not be responsible in their private capacity, but the property and estate of said corporation shall be liable for the indebtedness of said company. Provided, that nothing contained in this act shall be construed to authorize or empower the said corporation to use their funds for any banking transactions: And also provided, that this grant shall be subject to be altered, amended, or repealed, at the pleasure of the General Assembly. And provided further, that said company, previous to the commencement of their business, shall lodge a certificate with the clerk of the town where said Factory is situated, containing the actual amount of capital stock paid in; 1822 OF CONNECTICUT 267

and the amount of capital stock thus certified, shall not be withdrawn so as to reduce the same below the amount stated in said certificate.

Upon the memorial of Jonathan G. W. Trumbull, John Breed, and Daniel Wight, of Norwich in the county of New-London, praying for an act of incorporation, as per memorial on file, dated the third day of May A.D. 1822;57 Resolved by this Assembly, that the said Jonathan G. W. Trumbull, John Breed, and Daniel Wight, with all others, who are, or shall hereafter become associated with them, be, and they hereby are, with their successors and assigns, made and established a body politic and corporate, by the name of “The Griswold Manufacturing Company”; for the purpose of manufacturing woolen and cotton fabrics, within the town of Griswold in the county of New-London, in the most advantageous manner; and by that name, they, and their assigns and successors shall be, and hereby are, authorized and empowered to purchase, take, hold, occupy, possess, and enjoy, to them and their successors, any goods, chattels, and effects, of whatever kind they may be, the better to enable them to carry on such business to advantage; also to purchase, take, hold, occupy, possess, and enjoy, any such lands, tenements or hereditaments in the county of New-London, as shall be necessary for the views and purposes of said corporation, not exceeding in the whole, ten acres, unless the same be taken in payment of, or as security for debts due the corporation, and the same to sell and dispose of [at] pleasure; or to take a lease or leases thereof for a term of years; also to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any court of record or elsewhere. And said corporation may have and use a common seal, and may alter the same at their pleasure.— Resolved further, that the capital stock of said corporation shall not exceed one hundred thousand dollars; and that a share of said stock shall be five hundred dollars, and shall be deemed and considered personal estate, and be transferable only on the books of said company, in such form as the directors of said company shall prescribe. And said company shall at all times, have a lien upon all the stock or property of the members of said corporation, invested therein, for all debts due from them to said company: and said corporation may go into immediate operation.

57. The petitioners stated that they had made outlays to construct buildings and purchase machinery in the Jewett’s City section of Griswold. In the printed boilerplate, the Senate, after successfully requesting Governor Wolcott’s consideration to re-open consideration of the bill, added the phrases “of Norwich . . . New-London” and “within the town . . . New-London” in the preamble and the first resolution; it also changed the name of the company from “Pachaug Manufacturing Company” to “Griswold Manufacturing Company.” The House concurred in these changes. General Assembly Papers, 1822, Box 2, folder 19, item 59. 268 PUBLIC RECORDS May,

Resolved further, that the stock, property and affairs of the corporation shall be managed by not less than three, nor more than five directors; one of whom they shall appoint their President; who shall hold their offices for one year; which directors shall be stockholders and citizens of the United States, and shall be annually elected at such time and place as the regulations of said corporation shall prescribe. A majority of the directors shall on all occasions, when met in the town of Griswold or of Norwich, constitute a board for the transacting of business; and a majority of the stockholders present at any legal meeting, shall be capable of transacting the business of such meeting, each share entitling the owner thereof, to one vote. And the said Trumbull, Breed and Wight, shall be the first directors of said corporation. Resolved further, that the said President and Directors, for the time being, or a major part of them shall have power to fill any vacancy which may happen in their board, by death, resignation, or otherwise, for the then current year, and to appoint and employ, from time to time, a Secretary, Treasurer, and such other officers, mechanics and labourers, as they may think proper, for the transaction of the business and concerns of the said company; and also to make and establish such by-laws, rules, and regulations as they shall think expedient for the better management of the concerns of the said corporation, and the same to alter and repeal; provided always, that such by-laws, rules and regulations be not inconsistent with the laws of this state, or the United States. And said directors shall and may, as often as the interest of the stockholders shall require, and the affairs of the company will permit, declare a dividend or dividends of profit on each share, which shall be paid by the Treasurer of said company.— Resolved further, that if it shall so happen, that an election of directors should not take place in any year, at the annual meeting of the corporation, the said corporation shall not for that reason be dissolved; but such election may be held thereafter, on any convenient day within one year, to be fixed on by the directors, they previously giving public notice thereof. Resolved further, that the books of said company containing their accounts, shall at all reasonable times, be open for the inspection of any of the stockholders of said company; and as often as once in each year, a statement of the accounts of said company, shall be made by order of the directors— Resolved further, that the directors may call in the subscriptions to the capital stock, by instalments, in such proportions, and at such times and places, as they may think proper, giving such notice thereof as the by-laws and regulations of said company shall prescribe; and in case any stockholder shall neglect or refuse payment of such instalment or instalments, for the term of sixty days after the same shall become due and payable, and after he, she, or they have been notified thereof, such negligent stockholder or stockholders shall forfeit to said company all his, her, or their previous instalments, together with all his, her, or their rights and interest whatever in said stock. 1822 OF CONNECTICUT 269

Resolved further, that for the debts which may at any time be due from said company, the stockholders thereof, shall not be responsible in their private capacity, but the property and estate of said corporation shall be liable for the indebtedness of said corporation. Provided, that nothing contained in this act shall be construed to authorize or empower the said corporation to use their funds for any banking transactions: And also provided, that this grant shall be subject to be altered, amended, or repealed, at the pleasure of the General Assembly. And provided further, that said corporation, previous to to the commencement of their business, shall lodge a certificate with the clerk of town wherein said manufactory is situated, containing the actual amount of capital stock paid in; and the amount of the capital stock thus certified, shall not be withdrawn so as to reduce the same below the amount stated in said certificate.

Upon the memorial of Samuel Wells, Robert Watkinson, Dan H. Arnold, Fraray Hale Junior, and Aristarchus Champion of the county of Hartford in said state, praying for an act of incorporation, as per memorial on file, dated 26th April A.D. 1822.58 Resolved by this Assembly, that said Samuel Wells, Robert Watkinson, Dan H. Arnold, Frayray [sic] Hale Junior, and Aristarchus Champion, with all others, who are or shall hereafter become associated with them, be, and they hereby are, with their successors and assigns, made and established a body politic and corporate by the name of “The Eagle Manufacturing Company”, for the purpose of manufacturing wool and cotton in the most advantageous manner; and by that name, they and their assigns and successors shall be, and hereby are authorized and empowered to purchase take, hold, occupy, possess, and enjoy, to them and their successors, any goods, challets [i.e., chattels] and effects, of whatever kind they may be, the better to enable them to carry on such business to advantage; also to purchase, take, hold, occupy, possess and enjoy any such lands, tenements, or hereditaments in the county of Hartford, as shall be necessary for the views and purposes of said corporation, not exceeding in the whole, one hundred acres, unless the same be taken in payment of, or as security for debts due the corporation; and the same to sell and dispose of at pleasure; or to take a lease or leases thereof for a term of years; also to sue and be sued, plead and be impleaded, defend, and be defended, answer and be answered unto, in any court of record or elsewhere. And said corporation may have and use a common seal, and may alter the same at their pleasure. Resolved further, that the capital stock of said corporation shall not exceed one hundred thousand dollars, and that a share of said stock shall be one hun-

58. The petitioners described sums paid out for buildings and machinery at their site in Glastonbury. The printed boilerplate includes a notation that the Senate added the date of the petition to the draft. General Assembly Papers, 1822, Box 2, folder 4, item 33. 270 PUBLIC RECORDS May,

dred dollars, and shall be deemed and considered personal estate, and be transferable only on the books of said company in such form as the directors of said company shall prescribe. And said company shall at all times, have a lien upon all of the stock or property of the members of said corporation, invested therein, for all debts due from them to said company; and said corporation may go into operation whenever, and as soon as twelve thousand dollars shall be taken up or subscribed for. Resolved further, that the stock[,] property and affairs of the corporation, shall be managed by not less than three, nor more than five directors, one of whom they shall appoint their president; who shall hold their offices for one year; which directors shall be stockholders, and citizens of the United States, and shall be annually elected, at such time and place as the regulations of said corporation shall prescribe. A majority of the directors shall, on all occasions, when met in said town of Hartford, constitute a board for the transacting of business; and a majority of the stockholders present at any legal meeting, shall be capable of transacting the business of such meeting, each share entitling the owner thereof to one vote. And Samuel Wells, Robert Watkinson, Dan H. Arnold, Fraray Hale Junior, and Aristarchus Champion, shall be the first directors of said corporation. Resolved further, that the said president and directors, for the time being, or a major part of the them, shall have the power to fill any vacancy which may happen in their board, by death, resignation or otherwise, for the then current year, and to appoint and employ, from time to time, a Secretary, Treasurer, and such other officers, mechanics and labourers, as they may think proper for the transaction of the business and concerns of the said company; and also to make and establish such by-laws, rules and regulations as they shall think expedient for the better management of the concerns of the said corporation, and the same to alter and repeal; provided always, that such by laws, rules and regulations be not inconsistent with the laws of this state, or the United States. And said directors shall and may, as often as the interest of the stockholders shall require, and the affairs of said company will permit, declare a dividend or dividends of profit on each share which shall be paid by the Treasurer of said company. Resolved further, that if it shall so happen, that an election of directors should not take place in any year, at the annual meeting of the corporation, the said corporation shall not for that reason be dissolved; but such election may be held thereafter, on any convenient day within one year, to be fixed on by the directors, they previously giving public notice thereof.— Resolved further, that the books of said company, containing their accounts, shall at all reasonable times, be open for the inspection of any of the stockholders of said company; and as often as once in each year, a statement of the accounts of said company, shall be made by order of the directors. 1822 OF CONNECTICUT 271

Resolved further, that the directors may call in the subscriptions to the capital stock, by instalments, in such proportions, and at such times and places, as they may think proper, giving such notice thereof, as the by-laws and regulations of said company shall prescribe; and in case any stockholder shall neglect or refuse payment of such instalment or instalments, for the term of sixty days after the same shall become due and payable, and after he, she, or they have been notified thereof, such negligent stockholder of stockholders shall forfeit to said company all his, her, or their previous instalments, together with all his, her, or their rights and interest whatever, in said stock. Resolved further, that for the debts which may at any time be due from said company, the stockholders thereof shall not be responsible in their private capacity; but the property and estate of the corporation shall be liable for the indebtedness of said company. Provided, that nothing contained in this act shall be construed to authorize or empower the said corporation to use their funds for any banking transactions: And also provided, that this grant shall be subject to be altered, amended or repealed, at the pleasure of the General Assembly. And provided further, that said company, previous to the commencement of their business, shall lodge a certificate with the clerk of the town where said Factory is situated, containing the actual amount of capital stock paid in; and the amount of capital stock thus certified shall not be withdrawn so as to reduce the same below the amount stated in the said certificate.

Upon the report of Nathaniel Griffin, Dan Lane, and David Griswold, Es- quires, a committee appointed with power, if they judged the public good required it, to survey and lay out a Turnpike road from the Pettipauge and Guil- ford, to the New London and Lyme Turnpike road, to assess the damages done to individuals, and make report, with their opinion as to the necessity of a Ferry over Connecticut river, between Pettipauge and Lyme, as per petition of Joseph Hill and others, on file, dated the 7th day of April 1820, and the proceedings thereon had, will more fully appear;59

59. In their 1820 petition Hill and his associates had requested authority to establish a new turnpike to shorten travel from Pettipauge to New London and to avoid hills on the current route. Griffin, Lane, and Griswold had been appointed a survey committee at the 1821 session. Their report generated a remonstrance stating that damages to property holders would be injurious and objected to various features of the proposed route. The legislative committee on roads and bridges heard the objections, but approved the survey committee’s report. During the drafting process the words “other Ferries by Law are” were deleted at the end of the first paragraph below after “same rules and regulations as.” In the fifth paragraph below the phrase “for making and maintaining . . . road and bridge” were added. In the final paragraph, the words “to make and put” were substituted for “of making and putting.” The turnpike company, whose road linked the New London and Lyme Turnpike with the Pettipauge and Guilford Turnpike, was operational until around 1860. Above, 272 PUBLIC RECORDS May,

Resolved, that said report be recorded at large in the public records of this state; and that the road therein described, as reported to be laid out by said committee, be, and the same is hereby established as a public road and highway, to be owned, made and maintained by a Turnpike company as herein authorized and provided; and that a Ferry be, and is hereby established between Pettipauge and Lyme, over Connecticut river, between the eastern bank thereof, near a wharf by the residence of Charles Ely, and the western bank thereof opposite, to be owned, made and maintained by the same company who own, make, and maintain the aforesaid road, and to be subject to the same rules and regulations as are herein, and by the laws of the land, provided. And it is resolved, that Joseph Hill, Joel Pratt and Obadiah Platts, with their associates, and their successors and assigns, shall be, and hereby are constituted a body corporate by the name of “The Essex Turnpike Company”; and by that name may sue and be sued; and may purchase and hold property as hereafter mentioned; and shall have power to appoint officers, and make and put in execution, orders, by-laws and regulations concerning the affairs of said company, and to do all lawful acts for effecting the purpose of said incorporation. The affairs of the company, in cases not otherwise provided for shall be governed by a board of not more than five directors to be chosen by the stockholders, in general meeting; and the directors shall choose one of their number for President. Any two of the above named persons may call the first meeting of the company, at such time and place, in the Borough of Essex, as they may appoint, giving at least three weeks notice thereof, by posting up notifications on the sign-posts in said Borough and North Lyme; after which meeting, the times and places of holding the meetings, shall be regulated by the by-laws; but a general meeting shall be holden annually for the choice of directors. The capital stock of the company shall consist of such number of shares as the company may direct, which shall be transferable only on the books of the company according to the by-laws. The lands which may be owned by the company shall not exceed four hundred acres. All shares of the capital stock shall be deemed personal estate; and one vote shall be allowed for each share, in any meeting, where stockholders may vote in person or by proxy. And it is further resolved, that the company shall be, and hereby are empowered to do whatever may requisite for making and maintaining in good repair the aforesaid road and bridge, after paying to the individuals mentioned in said report, the sums assessed by said committee for damage done to lands of said individuals; but no person through whose land the road is laid out, shall be required to open the same until the first day of November 1822, and not until the pp. 89, 89n; General Assembly Papers, 1822, Box 2, folder 8, item 50; folder 15, items 1, 5; folder 16, item 23; folder 19, item 53; Wood, Turnpikes, pp. 391–92. 1822 OF CONNECTICUT 273

damages assessed to him, or her, by the committee, shall first have been ten- dered or paid by said company. The needful bridges in the course of said road are all to be made and repaired by said company: And said company shall at all times, have a draw in the bridge over the mouth of the north cove, so called, in the Borough of Essex, of sufficient width to admit vessels to pass without difficulty, into, and out of said cove, and so high that ordinary scow loads of hay, wood, &c. may conveniently pass under it without the draw being raised; and shall at all times raise said draw when necessary, for the accommodation of vessels, &c. and shall at all times keep a sufficient boat or boats, wharves, and sufficient men for the accommodation, convenience, speedy and safe carriage of passengers, &c. over said ferry, according to law. It is further resolved, that after the road, bridges, wharves, and boats aforesaid shall have been made, and put in repair as aforesaid, to the satisfaction and acceptance of the commissioners who may be appointed on said road and ferry, and a certificate thereof shall have been given, by such commissioners, it shall be lawful for the company to erect and establish on said road, in the town of Lyme, a Turnpike gate within one fourth of a mile of the dwelling-house of Abraham Perkins, and to take thereat, toll according to the following rates, to wit:

Cents Mills For every four wheeled pleasure carriage 25 chaise, chair or sulkey 12, 5 " Two horse pleasure sleigh 12, 5 " one horse do. do. 6, 3 " Stage coach or carriage 25 " Ox waggon or ox cart 12, 5 " Sled or Lumber Sleigh 12, 5 " one horse waggon 6, 3 " Horse cart 6, 3 " Waggon drawn by two or more horses 12, 5 " Horse with rider 4 " Horses, cattle, mules, hogs, &c. each 1

Provided, however, and it is hereby resolved, that the aforesaid rates of toll shall not be collected from persons going to, or returning from any meeting for the purpose of public worship, if such meeting is held in the same or next adjoining town, and on the same day on which it is held; also all persons going to, or returning from funerals in the same or next adjoining town; all officers and soldiers going to, or returning from military duty, by order of law, or by 274 PUBLIC RECORDS May,

authority of this state; all persons going to, or returning from gristmills, on horse back, or with carriages, unless they travel more than four miles on such road; all persons going to, or returning from their usual and ordinary farming business, unless they travel more than four miles on such road; all voters going to, or returning from any town or society meeting, or meeting of electors; all of which persons shall be exempted from paying toll a aforesaid. And the following fare may be collected by said company, at said Ferry, to wit: from first of October to first of April;

For each man, horse and load Cents. 12, 5 mills Each footman 6 Each led horse 10 Each ox or other neat kine 12, 5 Each sheep, swine or goat 2 And from the first of April to the first of October, For man, horse and load 10 Each footman 4 Each led horse 7 Each ox or other neat kine 10 Each sheep, swine, or goat 1

The fare for every one horse waggon, or sleigh, or two wheeled carriage, with one man and draft horse, shall be double, and for every cart, carriage, waggon, sled or sleigh, drawn by two beasts, with one person, treble the fare for man, horse and load, and for every additional person or beast, the same as herein for each of them respectively stated. It is also resolved, that after the collection of the toll and fare aforesaid, shall have reimbursed the expenditures of said company for making and maintaining said road, bridges, ferry and wharves, with interest thereon, at the rate of eight per centum, annually, the said road and bridges, ferry, wharves and boats, shall become public property, and no toll shall be collected on said road, except so far as the General Assembly may order for keeping said road and bridges in repair. Always provided, that on or before the first day of September 1824, a Turn- pike company shall be formed, and shall cause a bond to be executed and delivered to the Treasurer of this state, to his acceptance, in the penal sum of ten thousand dollars, with condition to make and put in good repair, on or before the 1st day of September 1826, the aforesaid road, bridges, ferry, wharves and boat or boats, otherwise, the aforesaid grant and act of incorporation shall 1822 OF CONNECTICUT 275

cease and be of no force: Provided, that this resolve may be altered or amended, at the pleasure of the General Assembly.

Upon the petition of the Granby Turnpike Company, by their agent Pliny Hillyer, shewing to this Assembly, that their south gate ought to be removed about a half a mile north of the dwelling-house of Lott Pinney in Simsbury;60 Resolved by this Assembly, that the said Granby Turnpike Company have full power and liberty to remove said south gate, and place the same at, or between the house of Lott Pinney deceased, and Ariel Mitchelson on said Turn- pike road in Simsbury, and there to collect the toll prescribed to them by law.

Upon the petition of the Groton and Stonington Turnpike Company, shewing to this Assembly, that the Turnpike gate on said road in Groton, near the house of Erastus T. Smith, is inconveniently located, praying liberty to remove the same to any place on said road within one mile and an half of the house of Erastus T. Smith, as per petition on file, dated the 2d day of April 1821;61 Resolved by this Assembly, that said company have leave to remove said gate from the place where it now stands, to any place on said road within a mile and a quarter west of the house of Erastus T. Smith, in said Groton.

Upon the petition of the Rimmon Falls Turnpike Company, shewing, that their Turnpike road extends from Thompson’s Bridge in New-Haven to Rimmon Falls Bridge in Derby, on which they have, and are allowed two half gates so situated as to be greatly avoided by means of old roads leading round them, and praying relief as per petition on file, dated May 1 1820, more at large appears;62 This petition came first before this Assembly in May 1820, and was continued with an order of notice, by advertisement, and notice having been given accordingly, and said petition again continued to this Assembly, and now the petitioners and the towns of Derby, Oxford, Southbury and Woodbury, by their

60. For the initial presentation of this petition, see above, pp. 88–89, 89n. The legislative committee on roads and bridges agreed with the petitioners’ arguments and recommended granting the request. General Assembly Papers, 1822, Box 2, folder 3, item 29. 61. This petition had been initially presented at the May 1821 session: above, pp. 107–8, 107n. The Senate struck two passages summarizing the legislative history of the petition. General As- sembly Papers, 1822, Box 2, folder 3, item 21. 62. This petition had been initially considered in 1820 and continued to the present session in 1821: above, pp. 108, 108n. The company had offered to put another part of the public roads in repair and incorporate it into the turnpike, moving the unproductive western half-toll gate to the new section. The legislative committee on roads and bridges rejected the offer as injurious to the public, but recommended that the company be allowed two-thirds of the current toll at the remaining eastern gate. During the drafting process, the phrase “two-thirds of the amount of Toll now receivable at both gates” was removed in the first resolution after “town of New-Haven” and the words “the toll hereinafter specified” were substituted. General Assembly Papers, 1822, Box 2, folder 1, item 7; folder 4, item 36. 276 PUBLIC RECORDS May,

agents, having been fully heard thereon, and it appearing, that said gates can be, and are greatly avoided, and it being suggested, by the petitioners, that more toll would probably be collected by abandoning the westernmost gate on said road, and collecting at the east gate, two thirds of the whole toll allowed on said road, and no sufficient objection being made thereto; Resolved, that the Rimmon Falls Turnpike Company may, and they hereby have permission, liberty, and authority to suspend the collection of toll at the westernmost half-gate on said road, and in lieu thereof, to collect and receive at the other half-gate, situated in the town of New- Haven, the toll hereinafter specified, so long as they shall continue the suspension of toll at said westernmost half gate. Provided, nevertheless, that this resolve shall not affect or increase the toll of persons coming on to said road between said gates. And be it further resolved, that the toll which the said company shall have right to receive at said gate, shall be,

For each travelling four wheeled pleasure (cents. mills.) carriage, or stage, driver and passengers, 20 Each chair, chaise or sulkey 10 Each loaded waggon drawn by two beasts only 10 For each additional beast 2 Each loaded cart or ox waggon drawn by four beasts 10 For each additional beast 2 When such waggon, cart, or ox waggon, shall be empty, half the sums aforesaid. Each one horse waggon, the body not on springs, 4 Each four wheeled pleasure carriage drawn by one horse 5 Each one horse cart loaded 5 Each empty horse cart, sled, or sleigh 4 Each person and horse 3 Horses, cattle and mules, each 7 Sheep and hogs, each 3 1822 OF CONNECTICUT 277

Upon the memorial of the Waterbury river Turnpike Company, shewing to this Assembly, that at the General Assembly of this state, holden on the second Thursday of October 1806, Benjamin Stiles, Elijah Hazen and James Morris, were appointed a committee to fix on a place for the erection of an additional toll gate on the Waterbury river Turnpike road, and to alter the location of the thee northern gates on said road, and to give to said company a certificate of their doings respecting said gates; and that said committee did fix on a place for an additional toll gate, and did alter the location of the three northern gates then established on said road, and did also give to said company a certificate of their doings in the premises, which certificate is by accident and misfortune lost and gone out of the possession of said company; and that said company have erected and kept up, and still keep and maintain toll gates at the several places established by the said committee, praying this Assembly, that said gates may remain and be established at the places fixed upon by said committee; and that the commissioners hereafter to be appointed, on said road, be authorized from time to time, to alter the location of the several toll gates on said road, in such manner as they shall deem expedient, as by memorial on file, dated the 30th day of April 1822;63 Resolved by this Assembly, that the four northern toll gates now erected on the said Waterbury river Turnpike road, be established and remain at the several places fixed upon by said committee; to wit: one at the congregational meeting-house in Colebrook, or between there and the dwelling-house of Al- pha Sage; one within half a mile of the place where the mill, called North’s mill, formerly stood; one within one hundred rods of Nathan French’s dwelling-house in Litchfield; and the other within one mile south of Spruce Brook in Waterbury; and that said company be authorized to collect the toll allowed by law at each of said gates; and also, that the commissioners who shall hereafter be appointed on said road, be, and they hereby are empowered at their discretion, to alter the location of any or all the toll gates on said road, subject at all times to the order and control of the General Assembly.

Upon the petition of Joseph Beaumont of Middletown in this state, stating that he is a foreigner, and is desirous of purchasing and holding, devising and conveying real estate, in the same manner as though he were a native citizen of this state, as per petition dated April 26th 1822. Resolved by this Assembly, that the said Joseph Beaumont be, and he is hereby fully authorized and empowered to receive, purchase, hold, devise, and convey real estate in this state, in the same manner as though he were a native citizen

63. The Waterbury River Turnpike Company had been incorporated in 1801: for the 1806 actions referenced here, see S.R., XIII, 187–88, 187n. The petition, well summarized here, and the committee report approving the request are in the General Assembly Papers, 1822, Box 2, folder 4, items 38–39. 278 PUBLIC RECORDS May,

thereof; and also, that all conveyances of land, or other real estate heretofore made to him, and all conveyances by him made, are hereby confirmed and declared to be valid for all purposes, as though he were a native citizen of this state.

Upon the memorial of Andrew Brown of Sharon in Litchfield county, shewing to this Assembly, that he is a subject of the King of the united kingdom of Great Britain and Ireland; that he has resided in this state about six years, and wishes to settle in business here; that he sustains a good character; praying for power and license to hold real estate in this state; as per memorial on file, dated the 6th day of April 1822; Resolved by this Assembly, that the said Andrew Brown be, and he is hereby authorized and empowered to purchase, hold, convey, and transmit by descent, or otherwise, real estate in this state, as effectually, as if he were a native citizen thereof; and in the same manner, to hold, convey, and transmit any real estate in this state heretofore purchased by him.

Upon the petition of Samuel Clark of Ellington in the county of Tolland, shewing to this Assembly, that he is a foreigner, a native of Great Britain, and is incapable of holding land, and that he received a mortgage deed executed and delivered to him by David Smith of said Ellington, of two pieces of land lying in said Ellington; first piece bounded south on land of Charles Sexton; east by a highway leading to Somers; north on Luke Billings’ Land, and west on Daniel Porter’s land, containing seven acres, with a dwelling house thereon, being on the west side of the highway: The other piece lying on the east side of the highway, containing two and one half acres, bounded west on said highway; north on Luke Billings’; east on Hannah Hyde’s land, and south on Walter or Allyn Hyde’s land; which deed was dated March 23d 1820, duly acknowledged and recorded in Ellington town records, book 7th page 83; praying for liberty to purchase, hold, and inherit real estate, and to convey, sell, devise, and transmit by descent the same; and also, that said mortgage deed be declared to be as complete and full evidence of title in him, as though at the time of executing the same, he had been a native citizen of this state, &c. as by petition on file, dated the 25th day of April 1822; Resolved by this Assembly, that the said Samuel Clark be, and hereby is fully authorized and empowered to hold lands in this state, and to pass a title to the same, by deed, devise, or descent; and said mortgage deed is hereby declared to be as complete and full evidence of title in said petitioner, as though at the time of the execution of the same, he had been a native citizen of this state.

Upon the petition of Donald Fisher of Chatham in the county of Middlesex, shewing that he is an alien, being a natural born citizen of the united kingdom of Great Britain and Ireland; that he emigrated to the United States, in the year 1822 OF CONNECTICUT 279

one thousand seven hundred and ninety six, with an intention of permanently residing therein; that he has resided in this state, twenty years; praying for liberty to purchase and hold real estate in as full and ample a manner as if were a natural born citizen of this state; Resolved by this Assembly, that the said Donald Fisher be, and he hereby is licensed, authorized and empowered to purchase and hold lands in this state, in the same manner, and the same to be deviseable and descendible as if he were a natural born citizen thereof. Upon the petition of William Lane of Chatham in the county of Middlesex, Resolved by this Assembly, that said William Lane, an alien, be, and he is hereby authorized and empowered to purchase and holds lands, tenements, and hereditaments in this state, and the same to convey, and transmit to his heirs, in as full, free and ample a manner, as a native born citizen of this state.

Upon the petition of Josiah Lawton of the town of Reading in the county of Fairfield, shewing to this Assembly, that he is a foreigner, and has lately removed into this state, and now resides in said town of Reading; that he wishes to make purchases of land in this state; and praying this Assembly to grant him permission and licence to hold real property in this state; Resolved by this Assembly, that the said Josiah Lawton be, and he is hereby authorized and empowered to purchase, hold and convey, and transmit by descent or otherwise, real estate in this state, as effectually, as if he were a native citizen thereof—

Upon the petition of John G. Lowe of the town of Danbury in the county of Fairfield, shewing to this Assembly, that he is a foreigner, and has lately removed into this state, and has settled in said town of Danbury; that he wishes to make purchases of land in this state; and praying this Assembly to grant him permission and licence to hold real property in this state; Resolved by this Assembly, that the said John G. Lowe be, and he is hereby authorized and empowered to purchase, hold, convey, and transmit by descent, or otherwise, real estate in this state, as effectually, as if he were a native citizen thereof.

Upon the petition of Michael McDermott of Saybrook, shewing that he is a native citizen of Ireland, and praying for the liberty to hold real estate, as per petition dated the first day of May 1822, appears; Resolved by this Assembly, that said Michael McDermott have liberty, and he is hereby empowered to hold real estate, to him, his heirs, and assigns, forever, which shall be transferable, descendable and devisable in the same manner, as though he were a native born citizen of the state. 280 PUBLIC RECORDS May,

Upon the petition of John W. Marshall of New-Haven in the county of New- Haven, shewing to this Assembly, that he is a foreigner, and as such is incapable to hold real estate in this state, and praying this Assembly to authorize and empower him to hold lands in this state; as per petition on file; Resolved by this Assembly, that the said John W. Marshall be, and he is hereby authorized and empowered to receive, hold, convey, transmit by devise, descent, or otherwise, real estate in this state, the same, and to as full an extent, as if he were a native citizen thereof.

Upon the petition of Martin Webler of Hebron in this state, stating to this Assembly, that he is a foreigner, and is desirous of purchasing and holding, devising and conveying real estate, in the same manner as though he was a native citizen of this state, as per petition dated May 1st 1822; Resolved by this Assembly, that the said Martin Webler be, and he is hereby fully authorized and empowered to receive, purchase, hold, devise, and convey real estate in this state, in the same manner as though he was a native born citizen thereof; and also, that all conveyances of land, or other real estate, hereafter made to him, and all conveyances made by him, are hereby confirmed, and declared to be valid, as though he was a native citizen of this state.

Upon the petition of Grant Allan and Charles Grant, both of the city of Lon- don in the kingdom of Great Britain, shewing to this Assembly, that they are the lawful guardians of Alexander W. Grant, Mary Grant, Christian Grant, Em- ily Grant, Lucy Henrietta Grant, Charles Edward Grant, Frederick Allan Grant, Martha Grant, and Elizabeth Mary Grant, all children and heirs at law, of Alex- ander William Grant, and Mary, his wife late deceased; that said children have received by inheritance, certain valuable tracts of land lying in the towns of Stonington and North-Stonington, from their ancestor, David Cheeseborough of Stonington, deceased; that they are minors under the age of twenty one years; are resident in the city of London where they expect to receive their education, and spend their days; that said lands are holden by said minor children, in common and undivided; that for the purposes of their nurture, education, and setting forth in life, it has become necessary for, and will greatly promote the interest of said minor children, to sell and dispose of their said inheritance in said towns of Stonington and North Stonington, in an undivided state; that as said minors and guardians are non-residents, and will, doubtless, always remain so, it will be both inconvenient and useless, to give bond in Connecticut, agreeably to the provision of the statute of this state, on the sale of minors’ lands, as said guardians are liable in England for the faithful discharge of their fiduciary trust; and praying said Assembly to grant them liberty to dispose of said lands so descended to said heirs, without giving bonds in this state; as per petition on file, dated August 20th A.D. 1821; 1822 OF CONNECTICUT 281

Resolved by this Assembly, that liberty be, and the same is hereby granted to said guardians, Allan and Grant, to sell and convey to such purchaser or purchasers as they deem meet, the lands mentioned in said petition, and belonging to said heirs; and to make, seal, and execute and deliver, good and authentic deed or deeds, of all the right, title and interest of said heirs in and to said lands, without giving bond agreeably to the provisions of the statute regarding the sale of minors’ land in the state of connecticut [sic], they the said guardians accounting to said heirs for the avails of said sale when they shall respectively become of full age: And a deed or deeds duly sealed and executed and acknowledged before the American Consul at London, shall be holden as good and effectual in law, as if the same were acknowledged before a lawful magistrate in the state of connecticut, for the purposes aforesaid.

Upon the petition of Horace Beach of New-Haven in the county of New- Haven, shewing to this Assembly, that in the month of January last, a transient person by the name of Avery stole from the possession of William Myers of said New-Haven, a horse, and made his escape with said horse, to Providence in the state of Rhode-Island, where he was taken and confined in prison; that upon information of the facts aforesaid, Nathan Smith, Esquire, state’s attorney for New-Haven county, employed the said Horace Beach to go to Litchfield, in this state, and obtain a warrant from His Excellency the Governour to the Governour of the state of Rhode-Island, to deliver the said Avery to the said Beach, that he might be transported to New-Haven, and there dealt with according to law; that the said Beach went to Litchfield, obtained the warrant aforesaid, and thence proceeded to Providence, but on his arrival, found that the said Avery had been discharged from prison; that he was employed ten days in said service, and expended the sum of forty two dollars fifty cents; that the county court for New-Haven county, allowed and taxed said sum expended, and also ten dollars, being an allowance of one dollar per day, for the services of said Beach, and praying for a further compensation; as per petition on file; Resolved by this Assembly, that the Controller of the state, be directed to draw an order on the Treasurer for the sum of ten dollars, in favour of said Hor- ace Beach, for services rendered by said Beach in pursuing said horse-thief.

Resolved, that whenever William T. Browning of North-Stonington, and Isaac Turner, Junior, of Montville, their heirs or assigns, shall have established a boat or boats, every way sufficient for a ferry boat or boats, which shall be such a boat or boats as in the opinion of commissioners to be appointed according to law, are safe, convenient and proper, for the transportation of passengers, horses, carriages, &c. across the river Thames, viz. at a place on said river called Gales Ferry, on Groton side of the river, to the wharf of said Isaac Turner, Junior, on the Montville side of the river, that said Browning, Turner, 282 PUBLIC RECORDS May,

their heirs and assigns, shall and may have the liberty to keep and maintain the said ferry as aforesaid, under the directions of commissioners, as aforesaid, and shall be allowed to receive and take of all passengers crossing said river at said ferry, the same rates of toll as are now by law allowed to be taken at the New-London Ferry.64 Provided, that this act all times may be altered, amended, or revoked, at the pleasure of the Assembly.

Upon the petition of the school committee of the district of Byram river, in the society of West-Greenwich, in the town of Greenwich, shewing to this Assembly, that Samuel Brown, committee of said district, made, on the 17th of August 1821, an enumeration of children between the ages of four and sixteen years in said district, and made return thereof, under oath, to the committee of said society; and it appearing to this Assembly, that owing to informality in said return, it was not accepted by said society’s committee, and was not by them transmitted to the Controller; in consequence whereof, said district has not received its proportion of the dividends of school monies, made in October and March last; and satisfactory evidence having bend adduced, that the number of persons in said district, between the ages of four and sixteen years, on the first Monday of August last, was, as stated in said return, one hundred and thirteen, as per petition and said return on file; thereupon, it is65 Resolved by this Assembly, that the Controller be and he hereby is directed to draw an order on the Treasurer, in favour of the committee of said school society, for the use and benefit of said school district of Byram River, for the amount of the school money to which said district would have [been] entitled had said one hundred and thirteen persons been duly returned to the Controller, to be paid out of the avails of the school fund.

Upon the petition of Nathaniel Palmer, shewing to this Assembly, that he was duly appointed a committee for that part of Clapboard Ridge district, which is in Stanwich school society, in the town of Greenwich; that the number of persons in said part of the of the district, between the ages of four and six-

64. Documentation in the legislative files indicates that the Assembly also had this matter under consideration in 1821. In a petition dated April 30, 1822, Browning and Turner noted that a ferry had previously been authorized at this location (C.R., VIII, 350–51); because it had been neglected in recent years they asked for the privilege of re-establishing it. A legislative committee agreed that “publick convenience” required such a ferry. The Senate substituted “according to law” for “by this Assembly” in the resolution; the House concurred in the change. General Assembly Papers, 1822, Box 2, folder 3, items 25–27; see also folder 8, items 45–46. 65. For the petition, dated Apr. 29, 1822, and a report by the committee on the School Fund, see General Assembly Papers, 1822, Box 2, folder 3, item 24. The payment of a proportion of the school monies based on the number of children had been established by the important 1820 act on the schools: S.R., XX, l, 285. 1822 OF CONNECTICUT 283

teen, was duly ascertained to be, on the first Monday of August 1821, fifteen, and due return made thereof in said month of August, to the committee of said school society; but from a supposed informality in said return, said society’s committee did [not] make return thereof to the Controller; by reason whereof, said part of Clapboard Ridge district received no dividend of school monies in October and March last, praying, that it may be authorized to receive the same, as per petition on file; it is thereupon,66 Resolved by this Assembly, that the controller be, and he is hereby directed to draw an order on the Treasurer, in favour of the committee of said school society of Stanwich, for the use and benefit of said part of Clapboard Ridge district, for the amount of school money to which it would have been entitled, had said fifteen persons have been returned to the controller, to be paid out of the avails of the school fund.

Upon the petition of Friend Guernsey of Watertown in Litchfield county, shewing to this Assembly, that by the county court holden at Litchfield, in and for Litchfield county, on the fourth Tuesday of March A.D. 1816, he was appointed conservator of the person and estate of Peter Guernsey of said Wa- tertown, who then was, and still is insane and distracted, and incapable of managing his affairs; that at the time of said appointment, said Peter was largely indebted to divers persons; and that before said court holden as aforesaid, upon a liquidation and adjustment of the claims and debts, which had been presented and found to be due from said Peter, the memorialist obtained an order from said court, to sell and dispose of so much of the real estate of said Peter, as should raise the sum of sixteen hundred dollars, and incident charges of sale; that afterwards, before said court holden on the second Tuesday of December A.D. 1820, the memorialist obtained a further order to sell so much of said estate as should raise the further sum of 878 dollars 15 cents; that he accepted said trust verily believing that the same was legal, and in all respects valid, and that he had full power and authority, in all respects, to do and transact all matters and things appertaining to the same; that under, and pursuant to said order, the memorialist had made sales of the real and personal estate of the said Peter, to divers persons named in said memorial; that before said court holden at said Litchfield, on the third Tuesday of December, A.D. 1821, he was duly reappointed a conservator of the person and estate of said Peter, which appointment he accepted, and gave bond as the law directs, and is now the conservator of said Peter and his estate: That before said court holden at said Litchfield on the first Tuesday of April A.D. 1822, it was, for the first time discovered, to the surprise of said court and the memorialist, that said first appointment was

66. The petition, dated Apr. 27, 1822, and well summarized here, can be found in General As- sembly Papers, 1822, Box 2, folder 3, item 23. 284 PUBLIC RECORDS May,

void and of none effect, and that all matters and things done under the same were invalid, for this, that although the petition which was preferred to said court for the appointment of a conservator, did state, that the said Peter was insane, and incapable of taking care of himself, or of managing his business; and that he had incurred debts, which it was necessary should be paid by the disposal of his estate for that purpose, and did lay a proper foundation for such appointment; and although said court, on hearing of the subject matter of said petition, were fully satisfied, that all the facts therein stated, were true, and that said appointment ought to be made, and did grant the prayer of said petition, and order a bill in form to be drawn thereon; and although a bill in form was drawn, and passed by said court, appointing the memorialist conservator over the said Peter, and purporting to vest him with all the powers belonging to a conservator; and although said bill in form refers to, and counts upon said petition; yet from the bill in form so passed, it does not appear, nor have the court found, that any of the facts stated in said memorial, are proved, or true; or that said court had, from any thing by them found, or made to appear, any jurisdiction or authority to make said appointment; which defect was not known to the memorialist till the time aforesaid; shewing also, that the memorialist is in danger of sustaining great loss and damage in respect to the acts by him done under said appointment; and that no titles have passed to the purchases of said real and personal estate; and praying for relief, as per memorial on file, dated the 18th day of April A.D. 1822, Which petition having been duly served on the respondents therein named, all of whom have signified, and made known their request that the prayer of said petition be granted; and this Assembly having found the facts in said petition to be proved and true; Resolved by this Assembly, that all acts, matters, and things, had and done by the said Friend Gurensey, under the pursuance of said appointment, so made by said court at its term or session holden in March A.D. 1816, be, and the same are hereby declared to be validated, established, and confirmed, to all intents and purposes, as if said appointment had been duly, legally, and formally made.

Upon the petition of the Hartford Marine Insurance Company, praying for liberty to reduce their capital from eighty thousand, to fifty thousand dollars &c.67

67. This company had been incorporated in 1803: S.R., XI, 306–9, 306n. In a petition dated May 6, 1822, the company noted that “Foreign commerce has given place to coasting business”; hence “small sums only are now insured,” and a reduced capital would be sufficient. A legislative committee agreed. “Considering the present state of commerce,” a reduction to $50,000 was appropriate. The change from clerk to secretary was also in response to the petitioners’ request. General Assembly Papers, 1822, Box 2, folder 5, item 55. 1822 OF CONNECTICUT 285

Resolved by this Assembly, that the capital stock of said company may be reduced from eighty thousand to the sum of fifty thousand dollars, divided into two thousand shares of twenty five dollars each; and that said company, hereafter, have a Secretary instead of a clerk, in the transaction of their business.

Upon the memorial of the inhabitants of the town of Middletown, and of the inhabitants of the town of Chatham in Middlesex county, by their agents, shewing, that they hold jointly by deed from the proprietors of the common and undivided lands situate within the ancient town of Middletown, which was comprised within nearly the same limits and boundaries as the present towns of Middletown and Chatham bearing date on the second day of February 1822, in equal moi[e]ties, two certain tracts of land, containing or supposed to contain, quarries of Free stone; one which is situate in said town of Chatham, contains in quantity two acres and thirteen rods, be the same more or less, and is bounded easterly on highway; northerly on Shaylor and Hall’s quarry, so called, or land reputed to belong to Joel Hall and others; westerly on Connecti- cut river; southerly on Brainard’s quarry, so called, or land of Erastus Brainard and others; the other is situated in Middletown aforesaid, in the north society, a little northerly from the Milldams formerly owned by James Miller, contains in quantity four acres, be the same more or less, and is bounded easterly on highway; southerly on land supposed to be the property of David Edwards; westerly on Joseph Ranney’s land, and northerly on William Lincoln’s land; that the residue of said common and undivided lands, situate in said Middletown, have been conveyed to the inhabitants of said Middletown; and the remaining common and undivided lands situate in said Chatham, have been conveyed to the inhabitants of said town of Chatham, by two several deeds dated February 18th 1822; and praying this Assembly to order and decree, that said deeds, respectively, shall be valid and effectual for the uses and purposes therein mentioned; as by memorial on file, dated May 1st A.D. 1822.68 This Assembly, on due enquiry, find the several allegations herein before recited, to be true; and do further find, as it is alleged in said memorial, that from the first settlement of said ancient town of Middletown, and as well after as before the incorporation of said town of Chatham, in the year 1767, and until the 9th day of January 1786, said proprietors had at all times been accus- tomed to manage, regulate, divide and dispose of such common lands, in joint meetings composed of the proprietors of the common and undivided lands in said towns of Middletown and Chatham; that on said 9th day of January 1786, said proprietors did vote and grant, that what then remained undivided of said quarries, should remain for the use of the inhabitants of said towns, to get stone

68. The well-summarized petition can be found in General Assembly Papers, 1822, Box 2, folder 5, item 52. 286 PUBLIC RECORDS May,

for their own particular use, or for the general use of either of said towns; and did also, by vote, release and convey to the inhabitants of said Middletown the remaining common and undivided lands situate in Middletown, for the purpose of highways, or to remain as common for the general use of the inhabitants of said town; and did at said meeting, in like manner, release and convey to the inhabitants of said town of Chatham, the remaining common and undivided lands situate in said Chatham; that the right to dig stone at the quarry in said Chatham, for their own use, or for the use of any of the inhabitants of said ancient town of Middletown, had been reserved to said inhabitants, in the year 1726, and had been by them at all times exercised; and that when said transfer was made, in 1786, said quarry in Chatham was open, in use, and known to be of great value; and that the value of the other quarry situate in Middletown, and which has not been wrought, was not known: That said transfers have been, by said proprietors, fully approved, ratified and confirmed, at a meeting legally warned and held on the 14th day of April 1812; and at two several meetings held on the 29th day of January, and on the 18th day of February in the present year; and that in pursuance of the votes of said proprietors at said two last mentioned meetings, and in conformity to the original intentions of said proprietors, as expressed by their aforesaid votes in 1726, and in 1786, the several deeds herein before mentioned, were executed and delivered; and that said several transfers and conveyances by said proprietors, have been accepted by said towns respectively, and recorded according to law. That the interest which said proprietors had on said 9th day of January 1786, or at any time since have had in the quarries aforesaid, was by said deed bearing date February 2d 1822, transferred to, and vested in said towns of Middletown and Chatham, jointly, that is to say, one undivided moiety to each; and that said conveyance is within the true intent and meaning of the statute in such case provided; although the lands transferred are not situate wholly in the town to which such conveyance is made; that the entire interest of said proprietors in said quarries, and said other common and undivided lands, which they owned on said 9th day of January 1786, or at any time since have owned, is by said deeds, vested in said towns, in manner and proportion aforesaid, and cannot be advantageously improved or disposed of, unless the whole interest of the inhabitants of said towns respectively, may be controlled and disposed of by the vote of a majority, in legal meeting assembled; Resolved by this Assembly, that the several deeds and conveyances herein before mentioned, be, and the same are declared to be valid and effectual for the uses and purposes therein mentioned; and that said deed dated February 2d 1822, is, and shall be deemed and taken to vest in the said towns of Middle- town and Chatham, jointly, in manner therein described, all the right, estate, title and interest which said proprietors had on said 9th day of January 1786, or at any time since have had in or to the quarries, or tracts of land supposed 1822 OF CONNECTICUT 287

to contain quarries of Free stone, therein described; and that said towns respectively, be, and they are hereby fully authorized and empowered, in legal town meeting, by vote of a majority, to manage, regulate, and dispose of their respective interests in said quarries, and in said other common and undivided lands, in such manner as said towns or other corporations may by law manage, regulate, and dispose of their interest in real estate—

Resolved by this Assembly, that in addition to the present number allowed by law, the further number of four Firemen be allowed to the second company in the city of Middletown.69

Upon the petition of Samuel Neff, praying to be liberated from New- gate Prison; Resolved by this Assembly, that the keeper of New-gate Prison, be, and he is hereby authorized, and directed to release Samuel Neff from said Prison: And the said Neff is hereby pardoned, and declared to be a lawful witness in all cases, in the same manner, as if he had not been convicted of the crime for which he has been sentenced to New-gate Prison.

Whereas the General Assembly, at their session holden at Hartford in May 1813, passed an act entitled “an act to incorporate the New-Haven Fire Insur- ance Company”; and the said corporation having preferred their memorial to this Assembly, praying that said corporation may be dissolved;70 Be it enacted by the Senate and House of Representatives in General As- sembly convened, that the said New-Haven Fire Insurance Company shall not hereafter make any contract of insurance; and the president and directors of said company shall, as soon as may be, settle all the concerns of said company, and after discharging all the demands upon said company, divide to and among the stockholders of said company, all the property and funds of said company, in proportion to the interest of the several stockholders therein; and thereupon, the said corporation shall cease. Be it further enacted, that the powers of the president and directors of said company shall be continued until the affairs of said company shall be settled in manner aforesaid.

69. This resolution was in response to a petition from Middletown’s mayor, common council, and aldermen dated April 30, 1822. General Assembly Papers, 1822, Box 2, folder 18, item 47. 70. For the 1813 act incorporating this company, see S.R., XVI, 227–30, 227n. In a petition dated May 6, 1822, the company described competition from insurance companies in New York City and stated that its own business had “been so reduced that it is no longer worth pursuing.” General Assembly Papers, 1822, Box 2, folder 18, item 50. 288 PUBLIC RECORDS May,

Upon the petition of Asahel North of Canaan in the county of Litchfield, shewing to this Assembly, that William Douglass late of said Canaan, deceased, was indebted to the School Fund, five hundred dollars, for which the state hold his bond and mortgage; that the estate of said Douglass is represented insolvent; and that it would greatly accommodate said estate, and facilitate the settlement thereof, if the petitioner could be permitted to assume said debt, for which he could give ample security: Resolved by this Assembly, that the commissioner of the School Fund be, and he is hereby authorized to take the bond of the petitioner for the amount of said debt of said Douglass; provided the petitioner produce the written request of the executors of said Douglass, to that effect, and give ample security therefor, by mortgage on real estate, to the satisfaction of the Commissioner of the School Fund.

Resolved by the Senate and House of Representatives in General Assembly convened, that the Norwich Channel Company have right, and authority is hereby given to said company to levy upon all vessels passing up or down the channel of the river Thames, drawing six feet of water, the sum of one dollar, for each time a vessel, as aforesaid, shall pass said channel; and a further sum of twelve and a half cents, per inch, for every inch more than six feet, and not exceeding seven feet; and for every vessel so navigating said river as aforesaid, drawing seven feet of water, two dollars and fifty cents; and for vessels drawing seven feet or more, the same rate of toll as they now have right by law to take: Provided, that this act may be amended, altered, or revoked, at the pleasure of the General Assembly.71

Upon the petition of Benoni Olcott and Minor Potter, shewing to this As- sembly, that said Olcott was duly appointed a committee for the ninth school district in the first school society in Litchfield; and that said Potter was duly appointed a committee for the seventh school district in said first society; that the number of persons between the ages of four and sixteen years, were duly ascertained on the first Monday of August 1821, to be in said ninth district, eighteen, and in said seventh district twenty two; but the petitioners being ignorant of the law, which required a return to be made to the committee of the school society in the month of August, did not make such return till some day

71. For the Assembly’s last action on this company, see above, pp. 82–83, 82–83n. In a petition dated April 22, 1822, the company stated that the present tolls were inadequate to keep the channel in repair and pay interest; although not currently profitable, the company’s services were of great public utility. The Assembly granted the tolls requested by the company. In the resolution the Senate erased the phrase “dug by sd. co.” after “channel of the river Thames”; it also added the proviso to the resolution. The House agreed to the changes. General Assembly Papers, 1822, Box 2, folder 17, items 36–37. 1822 OF CONNECTICUT 289

in September, previous to the fifteenth; so that a return was not made to the Controller; by reason whereof, they have not received their proportion of the school monies; praying that they may be authorized to receive their school money, as per petition on file; of which facts, satisfactory evidence having been adduced, it is thereupon,72 Resolved by this Assembly, that the controller be, and he is hereby directed to draw an order on the Treasurer, in favour of said Society’s committee, for the use and benefit of said ninth school district, for the amount of school money to which it would have been entitled had said eighteen persons been duly returned to the Controller; and in favour of said society’s committee, for the use and benefit of said seventh school district, for the amount of money to which it would have been entitled, had said twenty two persons been duly returned to the Controller, to be paid out of the avails of the School Fund.

Upon the memorial of the Pameacha Manufacturing Company, shewing to this Assembly, that they are subjected to great expence and inconvenience in procuring and purchasing machinery, and praying this Assembly so to extend the powers and privileges heretofore granted to said company, as to embrace the manufacture, purchase, and disposal of machinery; as per memorial on file, dated the sixth day of May Anno Domini 1822;73 Resolved by this Assembly, that the powers and privileges of said company be extended so as to enable them to manufacture and dispose of machinery, in like manner as woolen and cotton goods.

Upon the petition of Mary Pepper of Preston, shewing to this Assembly, that she is the widow of Michael Pepper late of said Preston, deceased; and further shewing, that the said Michael, during his life, acquired a small real estate, and a small personal estate, as described in said petition, and died without any lawful heir, whereby the same would by law escheat to the state of Connecticut; Resolved by this Assembly, that all right and title to the estate, both real and personal, of the said Michael Pepper, deceased, which hath accrued to this state, for want of lawful heirs of the body of said Michael, be, and the same is hereby released unto the said Mary Pepper, widow of the said Michael.

72. For the petition, dated Apr. 29, 1822, and well summarized here, see General Assembly Papers, 1822, Box 2, folder 15, item 10. 73. This company had been incorporated in 1819: S.R., XX, 96–98, 96n. The company’s petition is well summarized here. A legislative committee observed that while the extension of corporate operations and capital beyond what has contained in the charter might not in general be compatible with state policy, a “special act” was appropriate in this case. General Assembly Papers, 1822, Box 2, folder 15, items 7–8. 290 PUBLIC RECORDS May,

Upon the petition of Abel Sanford, Esquire, and others of the town of Wall- ingford, praying for reasons therein stated, that the dividing line between said town and the town of Meriden, may be altered, and a small tract of land where the petitioners reside, may be annexed to, and become part of the said town of Meriden; as by petition on file, dated the 28th day of March 1822, at large appears—74 Resolved by this Assembly, that all that part of the town of Wallingford, lying north of the following line, viz. Beginning at a monument erected on the dividing line between the towns of Meriden and Wallingford, on the east side of the highway, between the dwelling house of Moses Cowles in Meriden, and the dwelling house of Solomon Smith in Wallingford; thence running north 69o degrees, 30’ west, five hundred ninety seven rods to a heap of stones on the town line between Wallingford and Cheshire, one hundred and forty rods south of Ethelbert Benham’s dwelling-house, be, and the same is hereby annexed to, and made part and parcel of the town of Meriden; and that all that part of the town of Meriden situated south of said line, be, and the same is hereby annexed to, and made part and parcel of the town of Wallingford—

Upon the petition of Elisha Sears of Middletown in the county of Middle- sex, shewing to this Assembly, that on the 28th day of September, A.D. 1820, he was lawfully married to Cynthia Cooper of Chatham in said county, then, and now a minor under the age of twenty one years; that at the time of said intermarriage, the said Cynthia was pregnant with a child which had before that time been begotten of her body by some person to the petitioner unknown; and which child when born, would by law be a bastard; that said Cynthia well knowing the facts aforesaid, but fraudulently and wickedly contriving and intending to deceive the petitioner, and to entice and persuade him to contract marriage with her, and to impose upon him the obligation of supporting and providing for the said Cynthia, and her said bastard child, by various artful pretences made herself known to the petitioner, and enticed him to form with her an intimate acquaintance; and afterwards, on or about the 20th day of said September, informed the petitioner of her said pregnancy, and falsely and wickedly affirmed to the petitioner, that said bastard child of which she was then pregnant, was begotten by the petitioner, and urged and insisted that the petitioner should consent to immediate marriage with her; and the petitioner placing entire reliance on said false and fraudulent affirmations, consented to said request, and was married at the aforesaid time, and continued to live with and provide for, and discharge towards her, all the duties incident to the marriage relation, until on or about the 2d day of January 1821, when said Cynthia

74. The petitioners stated that they were remote from Wallingford center and the schools in that town and closer to those in Meriden, where they also attended church. The legislative committee on new towns approved the request. General Assembly Papers, 1822, Box 2, folder 15, item 14. 1822 OF CONNECTICUT 291

was delivered of the child of which she had before been pregnant as aforesaid; that said Cynthia, after the birth of said child, declared and confessed to the petitioner, and to many other persons, that her said child was not begotten by the petitioner; that it was the child of some person to the petitioner unknown, and was begotten long before her acquaintance with the petitioner: And further shewing that no judicial court is by law competent to grant him relief; praying this Assembly, on proof of the allegations contained in said petition, to grant him a bill of divorce from the said Cynthia, as by petition on file, dated April 18th, A.D. 1822. This petition was made returnable before this Assembly at the present session, and was legally served and returned; and notice was also given to Martha Cooper of said Chatham, mother and natural guardian of said Cynthia to appear and defend, if she should see cause, in said petition; the petitioner appeared, but the respondent being three times publicly called, did not appear; and on motion of the petitioner, Guy Cooper was by said Assembly appointed guardian of said Cynthia, to appear and defend in said petition, if he should see cause; and on due enquiry, this Assembly find the several allegations herein before recited, and which are contained in said petition, to be true; Resolved by this Assembly, that the said Elisha Sears be, and he is hereby divorced from the said Cynthia Sears; and the said marriage contract between the said Elisha Sears and Cynthia Sears, is hereby dissolved, and declared to be null and void.

Upon the petition of Stephen Utter and others, praying for exemption from toll at a certain toll gate on the Pettipauge and Guilford Turnpike road, as per petition dated the 26th day of March 182, will appear;75 Resolved by this Assembly, that Samuel A. Peters, and Samuel B. Mather, Esquires, be a committee whose duty it shall be, after giving to all concerned, due notice of the time and place of their meeting, to go and view that part of said road complained of in said petition, and hear the parties concerned respecting the subject matter thereof, and to decide whether the petitioners and others, who travel on said road, between Connecticut river and the dwelling house of Beaumont Clark, shall, for such travel, pay any toll at the gate, and if so, what sum? which decision shall be considered as final and conclusive between the petitioners and the Turnpike Company; and said committee shall dispose of the costs arising on said petition, at their discretion, except that the petitioners shall pay all fees and expences of the committee, at all events: And said committee shall report to the next session of the General Assembly.

75. The Assembly’s last action on this company is above, pp. 90-91, 90n. In the lengthy petition, which rehearsed the legislative history of the turnpike’s incorporation, Utter and his colleagues detailed the reasons for the exemption claimed. General Assembly Papers, 1823, Box 3, folder 8, item 37. In 1823, the Assembly established half toll on a section of the road. S.R. Ms., 1823, p. 199. 292 PUBLIC RECORDS May,

Upon the petition of Nathan Wheeler and others of the fifteenth school district in Stonington, representing, that on the 31st day of August 1821, a return was made according to law, of thirty persons residing in, and belonging to said district, between the ages of four and sixteen years; and that by mistake of the society’s committee, fifteen only were returned to the controller; and the petitioners have received school money for that number only; praying, that they may receive their school money for said other fifteen, as per petition on file; of which facts, satisfactory evidence having been adduced, it is therefore,76 Resolved by this Assembly, that the Controller be, and he is hereby directed to draw an order on the Treasurer, in favour of said society’s committee, for the use and benefit of the fifteenth school district in Stonington, for the amount of school money to which it would have been entitled, had said fifteen persons been duly returned; to be paid out of the avails of the School Fund.

Upon the petition of Henry Wilson, a coloured man, shewing to this As- sembly, that he is now confined in Fairfield gaol, in the county of Fairfield, under sentence of death for the crime of Rape, and praying that his punishment may be commuted, by confinement in New-gate Prison, during his natural life, instead of death; as by his petition on file, dated April the 29th 1822, may more fully appear; Resolved by this Assembly, that the prayer of said petition be, and it is hereby granted; and the said punishment of death is hereby remitted; and it is ordered by this Assembly that the said Henry Wilson, in lieu thereof, shall be confined in New-gate Prison, during the terms of his natural life; and the sheriff of the county of Fairfield, is hereby commanded that he take the body of the said Henry Wilson, and him convey, under sure and safe conduct, and him deliver to the keeper of said New-gate Prison, within the said prison, who is commanded to receive the said Henry, and him confine in said prison, during his natural life, according to the rules and government thereof.

Upon the petition of David Winship and Levi Coe, shewing to this Assem- bly, that said Winship was duly appointed a committee for the second school district, in the first school society, in Litchfield, and that said Coe was duly appointed a committee for the fourth school district in said first society; that the number of persons between the ages of four and sixteen, entitled to draw school money, was duly ascertained on the first Monday of August 1821, to be, in said second school district, fifty five, and in said fourth school district, forty; but the petitioners being ignorant of the law, which required a return to be made to the committee of the school society, in the month of August, did

76. For the petition, dated Apr. 25, 1822, and well summarized here, see General Assembly Papers, 1822, Box 2, folder 15, item 15. 1822 OF CONNECTICUT 293

not make such return till the 15th day of September, so that a return could not be made to the Controller; by reason whereof, they have not received their proportion of the scholl [sic] monies; praying, that they may be authorized to receive their school money; as per petition on file; of which facts, satisfactory evidence having been adduced, it is thereupon,77 Resolved by this Assembly, that the Controller be, and he is hereby directed to draw an order on the Treasurer, in favour of said society’s committee, for the use and benefit of said second school district, for the amount of school money to which it would have been entitled, had said fifty five persons been duly returned to the Controller, and in favour of said society’s committee, for the use and benefit of said fourth district, for the amount of school money to which it would have been entitled, had said forty persons been duly returned to the Controller, to be paid out of the avails of the School Fund.

Upon the petition of Samuel F. Denison and others praying for a Turnpike road from Stonington Borough to Paucatuck Bridge, as per petition on file;78 Resolved by this Assembly, that said petition and the report thereon, be continued to the General Assembly to be holden at Hartford on the first Wednesday of May next.

Upon the petition of Newcomb Kinney and others, praying for a Turnpike road through the towns of Norwich, Bozrah, Montville, Salem, Lyme and East- Haddam, as per petition on file, dated April 22d 1822;79 Resolved by this Assembly, that said petition be continued to the General Assembly to be holden at Hartford, on the first Wednesday of May 1823, and that notice of the pendency thereof, be given to all persons concerned therein, by publishing this resolve in a Newspaper printed in Norwich in the county of New-London, six weeks, the last of which publication shall be at least six weeks before the first Wednesday of May next.

77. For the petition, dated Apr. 29, 1822, see General Assembly Papers, 1822, Box 2, folder 18, item 3. 78. The petition was presented in 1819 and a survey committee appointed in 1820: S.R., XX, 131, 131n, 320, 320n. Although the General Assembly Papers (1822, Box 2, folder 8, item 42) includes the survey committee’s report on the route and draft resolutions approving the report and authorizing incorporation, we can find no additional record of action beyond a continuation of the petition at the 1823 legislative session. S.R. Ms., 1823, p. 200. 79. The detailed petition, dated April 22, 1822, can be found in General Assembly Papers, 1823, Box 3, folder 4, item 79. 294 PUBLIC RECORDS May,

Upon the petition of the Middle road Turnpike Company, praying that said road may be divided into two separate and distinct sections, and said company into two separate and distinct corporations, as per petition on file;80 Resolved by this Assembly, that the said petition be continued to the next General Assembly to be holden at Hartford in May A.D. 1823; and that notice of the pendency thereof, be given to all concerned by publishing the same in some public newspaper printed in New-Haven, three weeks successively, at least six weeks before the next session of the Legislature—

Resolved by the Senate and House of Representatives in General Assem- bly convened, that the petition of the Selectmen of the town of Montville, be continued to the next General Assembly of this state, to be holden at Hartford, on the first Wednesday of May 1823; and that notice of the pendency of said petition, be given in a newspaper printed in New-London, three weeks successively, at least six weeks before the session of said General Assembly.81

Upon the petition of Joel Pratt and others, praying for a Turnpike road from somewhere near the late residence of Captain Christopher Ely, deceased, on the new Turnpike road in Lyme, to the Turnpike that runs from Colchester to New- London, in the town of Salem, or to such other place as will best accommodate the public, as per petition dated the 22d day of April 1822, will appear;82 Resolved by this Assembly, that said petition be continued to the session to be holden at Hartford on the first Wednesday in May 1823; and that notice of the pendency thereof, be given to all towns and individuals concerned, by pub-

80. This turnpike company had been incorporated in 1803; the Assembly had last considered its affairs in 1819–1820: S.R., XI, 329–31, 329n, XX, 132, 132n. In its petition, dated April 29, 1820, the company stated that it could no longer manage its affairs successfully in its present form and noted that corporate meetings had authorized the present request. In the bill for the resolution the Senate added the specification of New Haven and the phrase “three weeks successively . . . next session of the Legislature”; the House concurred in the change. The Assembly granted the request at the 1823 session. General Assembly Papers, 1823, Box 3, folder 1, items 13–17; S.R. Ms., 1823, pp. 170–71; Wood, Turnpikes, p. 374. The Rejected Bills (Box 6, 1821–1824, folder 6, 1822, items 71; folder 7, 1822, item 73) contains documentation of an April 17, 1821 petition by the company to discontinue part of the route and a Danbury petition against the request; the petition was withdrawn, presumably in favor of the 1820 request to divide the company. 81. The petition requested relief from expenses for roads and bridges in the town. General Assembly Papers, 1824, Box 4, folder 12, item 33. 82. In their petition, Pratt and his associates argued that a new turnpike was necessary to accommodate transportation of large quantities of produce and timber. The Assembly eventually incorporated them as the Salem and Hamburg Turnpike Company in 1824. The turnpikes mentioned in the petition were the Essex Turnpike, incorporated at the present session, and possibly the Colchester and Norwich Turnpike, incorporated in 1803. General Assembly Papers, 1824, Box 4, folder 13, 1824, item 47; S.R. Ms., 1824, pp. 173–76; Wood, Turnpikes, pp. 375, 392; above, pp. 271–75, 271–72n. 1822 OF CONNECTICUT 295

lishing this resolution in a newspaper in Norwich, three weeks successively, at least six weeks before the next session of said Assembly.

Upon the petition of Jonathan Warner and others, praying for a Turnpike road from Dragon bridge near New-Haven, through the north part of Branford, Guilford, and Killingworth, to meet with, or intersect the Chester and North Killingworth Turnpike road, and for an act of incorporation, with authority to take toll of passengers; as per petition on file, dated the 30th day of April, 1822:83 Resolved by this Assembly, that said petition be continued to the session of the General Assembly to be holden at Hartford on the first Wednesday of May next; and that notice of the pendency of said petition be given by publishing a copy of this resolve in a newspaper printed in New-London and New-Haven, three weeks successively, at least six weeks before said session.

Upon the petition of Stephen Avery and others, praying for a new Probate district to be composed of the towns of Voluntown, North-Stonington and Griswold;84 Resolved, that the further consideration of said petition be referred to the General Assembly to be holden at Hartford, on the first Wednesday of May next.

Upon the petition of Abel Foster and others, inhabitants of the society of Wapping, praying to be incorporated for the special purpose of managing and taking care of certain monies therein specified, for the purpose of supporting schools or the ministry in said Wapping, as they by a major vote may agree, or for the purpose of repairing their meeting-house, on condition, that said house shall be used by the different denominations of christians according to the amount of their respective lists, and to allow them to have their meetings warned in the same manner as ecclesiastical societies by law are, and to appoint all necessary officers, &c. as by petition on file, dated May 3d 1822, appears;85

83. The petitioners argued that the present route was circuitous and inconvenient to travelers. Their request led to the incorporation of the Fair Haven Turnpike Company in 1824. The words “and New-Haven” were added during the drafting process. General Assembly Papers, 1823, Box 3, folder 4, items 69–70; S.R. Ms., 171–73; Wood, Turnpikes, p. 393. The Chester and North Kill- ingworth Turnpike Company, mentioned in the petition, was incorporated in 1816: S.R., XVIII, 42–44, 42n. 84. The General Assembly Papers (1823, Box 3, folder 11, items 51–59) contain petitions for and against this request; there is no evidence that the Assembly took action. 85. The petition led to the reconstitution of this East Windsor society in 1823. The petitioners noted that the society had failed to hold meetings since 1809, resulting in its legal dissolution. They requested re-incorporation for the purposes noted here.General Assembly Papers, 1823, Box 3, folder 2, items 33–37; S.R. Ms., 1823, p. 193. 296 PUBLIC RECORDS

Resolved by this Assembly, that the said petition be and hereby is continued to the General Assembly to be holden at Hartford on the first Wednesday of May A.D. 1823; and that notice of the pendency thereof be given to all persons interested therein, by publishing a copy of this resolve in a newspaper printed at Hartford, three weeks successively, at least six weeks before the session of said Assembly.—

Resolved by this Assembly, that the petition of the town of Hartford against the Overseers of the Groton tribe of indians be referred to the session of the General Assembly to be holden at Hartford, on the first Wednesday of May 1823.86

Resolved, that the petition of Taylor Hurlbut against the Connecticut Turn- pike Company, be continued to the General Assembly to be held at Hartford in May next; and that William Bristol, Orange Merwin and William Moseley be, and they are hereby appointed a committee to view and enquire into the facts stated in said petition, and to report the same with their opinion thereon, to said Asssembly, at the expence of said Turnpike company.87

Upon the petition of Lucy Prentice Wheeler against Hosea Wheeler, Junior, for a divorce, it appearing that the petition was seasonably returned, and that by inevitable accident, the counsel for the petitioner was prevented from appearing when said petition was called; Resolved, that the said petition be opened and stand continued to the next General Assembly to be holden at Hartford on the first Wednesday of May 1823.—

Resolved by this Assembly, that all business now pending before the Gen- eral Assembly, and unfinished, be continued to the next session of the General Assembly.

86. According to the Senate Journal (May 23, 1822), the petition requested compensation for supporting a woman of the Groton tribe “out of the lands of sd. tribe.” We have found no evidence that the Assembly took action. 87. The Connecticut Turnpike Company was incorporated in 1806: S.R., XIII, 46–49, 46n. Hurlbutt (or Hurlbut) requested, in an April 22, 1822, petition, that the company be required to make a draw in Saugatuck Bridge between Norwalk and Fairfield. The legislators rejected the request at the 1823 session. The files also contain an unsuccessful protest by Ezekiel Lovejoy, a stagecoach proprietor, against the company’s toll rates. Rejected Bills, Box 6, 1821–1824, folder 12, 1823, items 62–68; folder 1, 1821, items 28–29. GOVERNOR OLIVER WOLCOTT: OPENING MESSAGE AT THE MAY 1822 LEGISLATIVE SESSION1

Gentlemen of the Senate and Gentlemen of the House of Representatives The revolutions of another year, have renewed the period devoted to mutual consultations for the public good; and I am happy to inform you, that concord, health and industry are generally prevailing, accompanied with their invariable concomitants, prosperity and competence. Under God, we owe these blessings, to our mild and uniform institutions, and they demand returns of pious gratitude, with firm and enlightened efforts, to defend, improve and transmit them to our posterity. The recent revision of the Statutes of this State, has brought us to the commencement of a new and interesting era. We now see concentred, in a single volume, the results of the wise legislation of two centuries, embracing the mu- nicipal regulations, which govern the conduct of a civilized community, where agriculture, commerce, arts and science have attained that proficiency which is most favourable to the developement and maturity of each. Though to inex- perienced eyes, this code may appear as a new work, produced by some great change in our social system, yet to more accurate observers, it will be apparent, that it embraces the most ancient regulations of the Founders of New England. In perusing its pages, we take counsel from sages of other times, and pursue their directions, expressed in the language, and adapted to the customs of the present period. It is thus that the legislation of a free people, is most successfully accomplished; always imitating the course of nature, without violence or injury; effecting transitions, resembling the lapse of time, without, sensible motion; or like human growth from infancy to manhood with a continued consciousness of personal identity.2 All the improvements which distinguish men from mere animals, are derived from the union of science, with human labour. All knowledge consists either in revelations of the divine will, or in demonstrations founded on observation and experience. Notwithstanding the high pretensions of different systems of Ontology, the well known controversies they have occasioned from the age of Plato, to the present period, prove, that they are all mere narratives of human opinions in different stages of improvement and contain but little which

1. Transcribed from the Executive Journal for 1822, pp. 237–56; we have checked difficult readings from the printed version of the speech in the Courant, May 7, 1822. 2. For the revision of the state statute book, see above, pp. xviii–xxi and the references there. 298 PUBLIC RECORDS May,

can be rendered practically useful. As all science consists in clear perceptions of truth, we must conclude, that it is only from revealed religion, and by preserving exertions in exploring the mysteries of nature, guided by systematical education, that man can acquire reverential ideas of the great Author of all being, or any certain knowledge either of the extent of his own powers, or of the social duties which arise required from the developement of new discoveries. A more sublime and affecting illustration of these truths, was never presented to human view, than by our ancestors who landed at Plymouth. This illustri- ous band of Independents, these real heroes of humanity, firmly believed, what ‘though perceived by reason, human theories have enveloped in obscurity, the existence of a superintending Providence, coinciding with the unrestrained exercise of human energies—Discarding inventions which their experience had proved to be instruments of tyranny, fraud and imposture; confiding in the success of human exertions, yet humbly confessing their own imperfections; resolutely defending opinions founded on what were then the most recent discoveries, yet establishing no new systems; freely encouraging their communities and future generations, to be directed by the progressive lights they might acquire; voluntary exiles from an oppressed, but still beloved Country, unsub- dued by toil, want and disease, they stood upon the margin of an unexplored coast and surveyed the scenes of surrounding nature. Over their heads, they perceived the radiant source of heat, motion and fertility, a terrestrial image of all pervading and divine beneficence; but on every side, and beneath their feet, they could behold nothing but the heaving ocean, lofty forests, savage beasts, and more savage men, the only tenants of an unbroken soil. They resolved to tame those elements of physical and moral strife, but they never dared to invoke the protection of Heaven, in favour of injustice, ignorance, or sloth, or otherwise than in aid of their own exertions. They dedicated edifices to God, to justice and to education; they established homes of freedom for themselves & children; & from the association which was then formed & the labours which then commenced, have proceeded all the hopes, comfort & security which we enjoy, & all the sympathies with which our hearts are warmed. But notwithstanding the present prosperity of their descendants, it becomes us all, “to rejoice with trembling”.3 Though we have made great attainments, & have discovered that intelligence, enterprise and industry are best promoted by civil divisions, which excite emulation; though we admit that every division ought to enjoy an entire equality of political rights, it has not been yet as fully demonstrated to our reason and experience, that the security of personal rights, can only result from a like equality & from the harmony of united action: It is not universally perceived, that the rulers of States & Nations, not excepting those which are most free, are subject to the same passions and infirmity, &

3. Psalms 2:11. 1822 OF CONNECTICUT 299

that they invariably display the same vices, as well as virtues which distinguished the individuals whose interests are confided to their care; that every where, free communities are exposed to the overwhelming power of foreign rivals, to the fatal consequences of civil dissentions, and the no less sure de- struction produced by undermining influences, or moral imbecillity. The history of every age however, attests the truth of these positions, and it is equally certain, that the best virtues of men are counterfeited, for purposes of ambition, or selfishness, & that the mischiefs to which they tend, can be counteracted only by a wise organization of moral & physical force: Both in small, as well as in great communities, there exist alliances of cunning, fraud, chicanery & imposture, to pervert the best institutions. Those who are neither inventors of useful arts, nor promoters of public industry; who “neither toil nor spin, nor sow, nor reap, nor gather into barns”;4 who add nothing to the public stock, by their science, ingenuity, or by the assistance they afford, are constantly devising projects to direct the acquisitions of defenceless men, to their own advantage. These evils admit of no remedies, but wise & impartial legislation, applied with unceasing vigilance. It is to perform these duties to our constituents, that we are now convened, & in discharging them, I do not doubt that we shall endeavour to govern our conduct by the Constitutions which the people have established. It is pleasing to reflect, that in many respects, our task is more easy and plain, than that which our predecessors have performed. The outlines of our system are now well defined; our Statutes are intelligible to common capacities; while by luminous commentaries, and by minute reports of decided cases, much of the learning which it has been necessary for practical lawyers to acquire, will hereafter be principally useful, in expounding & reconciling our Constitutions of governments, in adjusting controversies between citizens of different States, and in maturing a system of national law. To modify the tendency of every learned science to create artificial refinements, & to supply the demands of an improving age, a wise, firm & prudent exercise of the supervising power, will be constantly necessary to the conservation & advancement of public and personal rights; but the same means which will secure an impartial administration of justice, will equally furnish sure guides and safe analogies, by which to enlighten & direct the wisdom of every grade of legislators. Next in importance to the laws which protect public peace & order, are those which relate to the accumulation, security & distribution of property. By an ancient law, every man may secure any demand against another, by at- taching his person, or property, on giving security that he will prosecute his claim to effect & answer all damages in case of failure. The natural effect of this regulation is, to render the transactions of every man, subject to the

4. Luke 12:27. 300 PUBLIC RECORDS May,

vigilant observation of all persons interested in his conduct, thereby restraining extravagant enterprises & abuses of credit. The experience of a long period, has proved that the principles on which this law is founded, are wise, just & salutary; but since its establishment, which originated when the State was almost exclusively agricultural; since more complex relations of property have been widely diffused by the extension of commerce, arts & manufactures, and since the incorporation of Banks, which are comparatively of recent origin, & as they have gradually acquired a controlling power & influence over the circulating medium & property of the State, it deserves serious consideration, whether the unlimited right of attachment, does not now require the interposi- tion of the Legislature.5 Happily for us, safe & easy remedies exist, by means well known to our laws, which, being properly applied, will protect the rights of individuals, without impairing the fair advantages which may be derived from our varied industry, or from banking institutions. An attachment is nothing more than a temporary lien, created by the will of one party, to secure the acquisition of some legal right supposed to be denied, or detained by another party. Other liens are a species of mortgages, created by operation of law, to favour purposes of public utility. They already exist in favour of debts due to the State & the United States; also in some cases, in favour of factors, mechanics & manufacturers, & for the wages due to seamen & mariners. The principle upon which liens created by operation of law are founded, is that all property, public or private, ought to be protected, in proportion to the increased value it has acquired by public regulations, by private advances, or by the application of human labour. Legal liens protect rights, extend credit & are proofs of improvements in commerce, arts & civilization. That “the la- bourer is worthy of his hire”, is a divine precept.6 In conformity with principles which, I think, are analogous to our established institutions & sanctioned by reason, justice & religion, I submit to your consideration, the expediency of so modifying the right of attachment, as fully to protect that industry, upon which the elements of all our wealth & prosperity depend. The interests of every mariner, are by law, identified with the ship in which he traverses the ocean. He well knows, that the ship is, or may be rendered specifically responsible for the payment of his wages, notwithstanding any misfortunes which attend his employers; & we all know, that without this security, all attempts to prosecute maritime commerce, would be nugatory. As it is impossible to conceive of any species of property which is not derived from the spontaneous productions of the soil, or created by industry; as by our system of government, all rights ought to be impartially protected; as one man’s

5. See above, p. xl. 6. 1 Timothy 5:18. 1822 OF CONNECTICUT 301

earnings ought never to be applied to satisfy the debts of another, without his express or implied assent; & as labour on the land, is as meritorious as labour on the sea, it seems to be proper, that principles which have been established for the protection of mariners, should be applied in analogous cases, for the protection of all persons who perform labour for hire. ‘Though doubts may exist as to the extent to which legal protection should be afforded, yet the justice of the principle, will not, as I conceive, be denied. I therefore respectfully propose to your consideration, the expediency of declaring by law, that in addition to the rights which now exist, all the personal effects remaining on farms, or in occupied tenements, shall be responsible for the payment of the wages of servants, labourers & overseers; & generally, of all persons who perform agricultural or other labour, for stipulated wages or hire, during a reasonable period after such wages accrue, notwithstanding any attachments by other persons, or by corporations. The object of this proposal, is to afford an equal and just protection, to every species of subordinate labour; but to provide an equivalent security to the owner & tenants of farms, and other real property, I propose that no attachment on mesne process, by other parties, shall be construed to operate so as to vary or defeat any contract between a landowner and tenant, for the payment of rent, or for any shares or deliveries of produce of any kind in lieu thereof; or to subject any articles remaining on farms, to the payment of any debts, in derogation of those specifically subsisting between a land owner and tenant; or to subject to attachment, otherwise than in suits between land owners & tenants, any articles prepared for market, consisting of animal or vegetable food; or the productions of animals, or of plants; or of household manufactures of any kind; or of raw materials consisting of wood, iron, metals or minerals, while remaining in the cus- tody of any factor, agent, mechanic, or manufacturer, or deposited with either of them for sale, distribution, or conversion into manufactures, reserving however to all other persons, their existing rights of proceeding, as in cases of foreign attachment, to recover their proportions of the avails of all property attached, after all prior contracts and engagements between land owners, tenants, factors, mechanics & manufacturers, in relation thereto, have been fullfilled & discharged. For the protection of carpenters, joiners, painters and masons, whose labours add to the value of real property or of shipping, I propose that the buildings, vessells & other erections which they create or repair, shall be responsible for all materials and labour employed thereon, but to be so estimated by a jury, as to refer to the additional value created by such improvements, & not to defeat or impair the rights created by existing mortgages or prior liens. An almost boundless scene is now opening to the commerce of the United States, & if we are just to ourselves, it may be improved to encourage every kind of internal industry, to extend the principles of free governments, & promote the civilization & happiness of mankind. The most important regulations on these 302 PUBLIC RECORDS May,

interesting subjects, ought to proceed from the national government, but we can do much to encourage and protect the merchants & traders of this State: and with these views, I recommend a revision of our laws in relation to partnerships, & an extension of them to a principle, which ‘though common for a long period in Europe, has hitherto been but partially recognized in this Country—7 By an ancient Statute to prevent frauds & perjuries, no suit can be maintained upon any contract subjecting an executor or administrator, upon any special promise to answer damages out of his own estate; or upon any contract made in consideration of marriage; or for the sale of lands; or upon any special promise to answer for the debt, default, or miscarriage of another person; or upon any contract which is not to be performed within one year, unless such contract be made in writing, & signed by the party to be charged therewith. At the revision of the last session, the well approved principles of this law, were extended to all contracts for the sale of goods, wares & merchandise, not delivered in whole or in part, for the price of thirty five dollars or upwards, which to be valid, must now be reduced to writing, or something must be delivered in earnest to bind the bargain. But notwithstanding this law, it seems that any commercial partnership may be proved as a parol contract, & of course real or merely imagined interests, founded on private confidence or friendship, or established by those frauds & perjuries which the law was designed to repress, may occasion tedious, doubtful & ruinous litigations, extremely perplexing & annoying to all concerned in the administration of justice. Nor are these evils the greatest which may be fairly traced to this discrepancy in the legal system. Owing to the hazards which attend commercial partnerships, they are commonly avoided by prudent men, who from age, or other causes, have retired from active business. The young & enterprising members of the community are thereby deprived of the aids, counsel & experience which they ought to derive from those more advanced in life, who, on their part, are compelled to retain their capitals for occasional investments in speculations, or in purchases of stocks, or in usury. To supply the deficiency of capital in active business, recourse is had to confidential and honorary engagements, & the voluntary assignments of property, by which they have been satisfied, have, as is so well known, been a source of great loss & in many instances of entire ruin, to other descriptions of creditors, who were in all cases equally, & in many, much more honest & meritorious. To mitigate, if not wholly prevent the mischiefs which have been mentioned, it is worthy of consideration, whether in strict analogy with our laws, it would not be expedient to require, that all contracts by which commercial part-

7. For Connecticut’s 1822 act on limited partnerships, which followed from the governor’s recommendations, see above pp. xxxviii–xxxix, 179–81, 179n. For the provision in the statute on frauds and perjuries cited in the next paragraph, see Stat. Conn., 1821, pp. 246–47.. 1822 OF CONNECTICUT 303

nerships are formed, should be reduced to writing, attested by witnesses, & recorded by the Town registers, in books to be provided for that special purpose. It is manifestly proper, that those individuals who are authorized to sign the name of any firm, or to bind by contract, the property of a commercial company, should be known & held responsible to the public; & in my opinion, it is equally clear, that a mode of contract which has long been known in several parts of Europe, & which in France, is styled societe en commandite, ought to be authorized by law & encouraged in this State. By this contract, a man may advance any proportion of the capital stock of a company, & be remunerated by receiving a share of the expected profits, in lieu of interest, without being liable for other contributions in case of losses. It may be thought that an additional security adapted to our circumstances, would arise from declaring that the withdrawing of any part of the capital upon which the credit of the company was founded, at any time, or in any manner, not stipulated in the original contract, should be deemed fraudulent & involve a joint & several responsibility of all parties to such transactions, & that no separate partner should be allowed to claim as a creditor of such a company. This may deserve consideration, but if no such provisions were inserted, the credit of commercial partnerships would be more firm than at present, when by being, unknown to the public, often founded on capitals derived from confidential engagements, which are frequently mutual & always liable to be secretly withdrawn, they afford but little security to the community. A species of contract greatly resembling that which is proposed, has long been recognized in relation to the fisheries, & other concerns of maritime commerce; & I can conceive of no reason, why it may not with equal safety & advantage, be extended to commercial partnerships on the land. There are many men of property, who from motives of consanguinity, friendship, or expected profit, would entrust a part of their capitals to the management of young men of prudence, skill & integrity, who could never be induced to expose their whole fortunes to the slightest hazard. The examples & counsel of such men, would afford the most effectual support to active exertions, thereby uniting the caution & experience of age with the energy of youth, & blending paternal influence, with the consciousness of independent action. If these principles should meet with your approbation, a way will be prepared for imitating an example of the ancient & patriotic State of New Jersey, so far as the same may be applicable to our legal system.8 This State has declared, by a law passed in February 1820, that saving the rights of prior bona fide mortgagees, & judgment creditors, all future conveyances & assignments

8. The New Jersey act was probably the February 23, 1820, law entitled “An act to secure to creditors an equal and just division of the estates of debtors . . .,” referenced in Statutes of the State of New Jersey. Revised and Published Under the authority of the Legislature (Trenton, 1847), p. 683. 304 PUBLIC RECORDS May,

to trustees, shall be made for the equal benefit of all creditors, in proportion to their respective just demands, & that all assignments declaring any preference of one creditor over another, in respect of time, proportion, or amount of dividend, shall be deemed fraudulent & void. These provisions are just & well calculated to prevent great abuses: but I submit to your consideration, whether they would not be more salutary, if adopted in coincidence with other regulations, which would provide for the younger members of our community the means of acquiring a fair & well defined credit. Much of the time of Congress has been consumed in unavailing attempts to establish uniform regulations for securing a just distribution of the property & a fair relief & protection to the persons of bankrupt merchants & traders. The great importance of this subject to the rights, liberty & property of many individuals in this State, to the intercourse of the several States with each other, & its intimate connexions with commerce, individual & national credit & character, throughout the world, will I hope, justify me in briefly expressing my opinions on some of these apparently intricate relations. The elementary principles upon which a Statute of Bankruptcy ought to be founded, are few & simple. A man who does not perform his contracts, is either guilty of a voluntary offence, in which case he deserves punishment, or the nonperformance is involuntary, in which case he acquires a right to public sympathy & protection. No conditions are more different than those which are produced by crime, & then by misfortune. By existing laws, every man’s contracts may survive his ability to perform them. The effect is to destroy his activity & produce a civil death, leaving his person burdensome to his friends & the community. State laws may take & distribute all the property of an individual, but have no operation in releasing his future acquisitions from the control of his creditors; such an effect being considered by the Courts, as embraced in the provision of the Constitution of the United States, which restrains the States from passing laws “impairing the obligation of contracts”. It is the precise & peculiar effect of “laws on the subject of Bankruptcies”, to dissolve & cancel contracts, after a just distribution of the property of Bank- rupts. Such laws can be enacted by Congress alone, & their power is only restrained by an injunction that the rule shall be “uniform throughout the United States”. Every part of the Constitution is marked with the characters of equality & uniformity. Wherever rights exist, they exist equally for all the people under similar circumstances and in like condition.9 During every period of thirty years, a mass of property, exceeding in value, what ever exists at one time in this Country, is, by an invariable law of nature, transferred to new proprietors. Of this immense property, a great amount

9. See above, p. xl; U.S. Constitution, Article I, Sections 8, 10. 1822 OF CONNECTICUT 305

isannually transferred, by the settlement of intestate & insolvent estates. The laws which regulate such proceedings are, or ought to be precisely such as are required in statutes of Bankruptcy. Rights of dower and by courtesy prevail for the relief of bereaved families and for the support of children, in preference to the rights of creditors, & they furnish some guide for determining the allowances which ought to be made to innocent bankrupts. If Congress cannot be reconciled to such regulations as have been adopted in other Countries, they ought at least to define what acts shall constitute bankruptcies, and to declare what consequences they shall produce, when arising from frauds or misfortunes. These facts might be ascertained by juries, & if jealousies of the National authority could be dismissed, & the State governments would not restrain their courts & officers from being so employed, the distribution of the property of bankrupts, might be committed to the Probate, Prerogative & Orphan Courts of the several States, to be applied on national & impartial principles. The expence & uncertainty of a distinct arrangement of new boards & officers would be wholly saved, & I do not perceive why civil deaths occasioned by bankruptcy or insolvency, need to produce any greater disturbance of our system, than is now produced by the natural death of individuals; there being nothing necessarily connected with the questions which would arise, tending to increase or to diminish the authority of the national judiciary, or to vary the relations of the State governments, to the government of the Union. Our system of military defence, affords an illustration of the advantages which are derived from uniform regulations, when established by Congress, & executed by State laws adapted by them, to local circumstances and customs. To leave the whole subject unregulated, appears to me, to be neither consistent with the political prudence, nor with justice. All personal rights secured by the Constitution, demand protection. Rights of property to a vast amount are depending, which will be regulated in some manner. If the laws of the States, should in any instances, be partial to their own citizens, & adverse to the rights of those of other States, or of foreigners, they will, in the absence of efficient legal remedies, be counteracted by retaliatory measures, inauspicious to the public tranquility, or portentous of a gradual dissolution of our Union. It was to obviate such dangers, that the provision in the Constitution, securing equal rights, was adopted. If you should approve the sentiments I have expressed, a resolution to that effect, would doubtless secure the just influence of this State, on the decision of this question. I have on more than one occasion, expressed my opinions respecting Bank- ing institutions. That under wise management, they are well calculated to accumulate & preserve metallic money; that they may be rendered safe places of deposit for the property of women, children, aged persons, trustees & corporate bodies, is certain. That they promote punctuality, accelerate negotiations, & may extend credit, assist active industry & beneficially regulate exchange, 306 PUBLIC RECORDS May,

within the spheres of their just influence, ought not to be denied. Like fire, they are useful while under control, but when ungovernable, they are destructive to themselves & to all around them.10 The operations of all Banks, are limited by those of commerce, the invariable tendency of which is, to equalize the prices of exchangeable commodities. The inequalities which temporarily exist, are liquidated by bills of exchange, which demand payment in gold or silver. These metals are the only conven- tional measures of value throughout the civilized world, & their power and the effects which they invariably produce, can no more be permanently controlled, than the motions of the atmosphere. That the Banks in this State as well deserve the credit which they enjoy, as any in this Country, ought I believe to be admitted; & having stated the advantages which may be derived from them, it remains to consider whether some limitations of their present powers, are not necessary to secure the people against those abuses, to which these institutions are peculiarly liable. The Banks in this State are confined to a trade in bills of exchange, silver or gold bullion, & to the sale of property pledged or taken for the security of debts, & in the prosecution of this trade, they may issue circulating notes, payable in money, a privilege which is denied to individuals. By the trade which is authorized, & as it is now conducted, the Banks acquire a control over the circulating currency. It is prosecuted by men distinguished for wealth, sagacity & information in all the concerns of business, as- sisted by no inconsiderable proportion of the best legal talents of this Country, which are combined & concentred in the support of their interests. The loans of Banks are generally made for periods not exceeding three months, secured always by one, & usually by two endorsers. During the recurrence of periods shorter than those which are necessary to prepare any articles of agricultural produce for market, & of most articles of manufacturing or mechanical skill, so as to acquire a fair exchangeable value, and against the combined array of the wealth, talents & learning which have been described, there always exists a mass of property & a value of labour of every variety which can be named, exposed to attachments planned in secret consultations, the loss or even stagnation of which would agitate the whole community. The same evil would arise from the failure of Banks, produced by mismanagement, violence or fraud. It is no sufficient reply to this statement of undeniable facts, to say, that the danger of such evils is remote & improbable in respect to us. That they have all happened in the United States, and that a great & interesting part of our country is now suffering the most distressing privations from these causes, is certain. The existence of a single case, would be sufficient to prove, that the power is

10. See above, pp. xxxiv–xxxv. 1822 OF CONNECTICUT 307

dangerous, odious, unnecessary to the security & therefore opposed to the true interests of the Banks, & that it ought to be restrained by law. With a view to the restraints which I consider as proper & necessary, I have assumed as axioms, First—That the wages of labour ought never to be defeated by attachments of the property created by that labour, which ought to remain charged with the payment thereof, during a reasonable period after such wages accrue. Second[—]That the contracts between landowners & the lessees of hired farms & rented tenements are, in their nature, founded in confidence & friendship, & that here they are designed to promote industry, by encouraging men whose chief or only property consists in skill, labour & honesty, which ought never to be defeated, but always encouraged by law. Third[—] That the contracts of both descriptions of men with those mechanics, manufacturers & with the factors whom they employ, in all branches of business which add to the value of property, or are concerned in the primary distributions of the productions of domestic industry, ought to be protected so far as the direct relations of these primary interests are concerned. I think it is evident, that the connexions which have been recited, are those by which alone, money is ever acquired to satisfy any contracts; that they embrace the elementary combinations of agriculture, arts & commerce, & that any cause which interrupts these connexions, tends to dislocate those bonds of confidential intercourse which unite mankind, & can be only favourable to the interests of those who accumulate property, by purchases at sales by sheriffs & auctioneers, thereby speculating on the misfortunes, which they not unfre- quently create. These conclusions are manifestly just, as the claims of Banks can never be ultimately satisfied, otherwise than with that money, over which they possess an almost exclusive control. It can therefore never be their interest as corporate bodies, to interrupt the labours, or to diminish the profits of that productive industry which creates accumulations. Their vigilance is alone usefully employed, when by denials of credit, they restrain hazardous & unprofitable enterprises, & their superior & almost exclusive advantages for deciding what credits are safe & proper, render it entirely equitable, that in securing their own demands, they should extend their protection to those industrious orders of society, whose credits are founded on the previous advances of these corporations. If these principles should be engrafted on our law of attachment, I do not perceive why Banks may not be rendered highly useful to the public; otherwise their influence must create a dependant spirit, which ought not to exist in a free community. The right to coin money, is a high power, entrusted by all civilized Nations, to the supreme authority; & in this Country, it has accordingly been expressly 308 PUBLIC RECORDS May,

& exclusively confided to Congress.11 Our legal standard consists of gold & silver coins, the value of which has been declared by law. Our actual currency now consists of bank notes; These notes are in no sense money, & at best, they can only be considered as bills of exchange on the places where they are made payable. It appears from the charters of all the Banks, that the power to issue notes, was intended to be only incidental & auxiliary to a trade in gold & silver bullion. This trade has however, by issues of small circulating notes, been transferred to foreign commerce, leaving the interior interests of this great Country, wholly dependant on its fluctuations. The only effectual control over the operations of Banks, as they are now managed, arises from the negociations of the General Treasury, which are conducted through the Bank of the United States. This control is essentially as- sisted by the reactions which are created by the exchange brokers, & by the mutual jealousies of all the Banks. The impatience which is always manifested under these salutary restraints, & the frequent & sudden vibrations in the state of the currency, which they occasion, are unfavourable to industry, & prove that an equilibrium, which is only maintained by a constant conflict of active, yet opposing principles, is very precarious. Several of the middle States have perceived this danger & have restrained their Banks from issuing notes below five dollars, which will secure to their people a silver currency. The currency of gold will never reappear unless the restraints upon Banks are carried still farther, accompanied with an extensive coinage of gold, & an equalisation of our exchange with Europe, which will soon be produced, either by the policy of our government, or by the general poverty of our Country. I am not informed of the present state of the Northern Banks, & am only desirous of promoting their true interests, which when well understood, are always compatible with the interests of the people. Evils which have been long accumulating, are, when any delays can be permitted, most safely & effectually corrected, by mild remedies, gradually applied; but in my opinion, it is an evasion of the principles of the Constitution, to permit the Banks to substitute their notes for the legal currency of the Country. The unit of silver at least, which may be required of every man in his daily transactions, ought not to rest, where it cannot be constantly & conveniently commanded. An appeal may be made to the convictions of every honest man, for the truth of the following positions. The notes of Banks are a manufacture, of which the fabrication is not more difficult, than that of several other manufacturers, which are in common use. Whatever any art can create, an equal or superior art can imitate. Accord- ingly it is seen, that notes are counterfeited, which deceive the managers of

11. U.S. Constitution, Article I, Section 8. 1822 OF CONNECTICUT 309

Banks, & the most skilful exchange-brokers. The number of frauds which are thus committed upon the people, cannot be conjectured, but they are known to be frequent & widely extended. The counterfeit notes in circulation, equally with those which are genuine, limit & expel the circulation of metallic money. These frauds are in most instances, practiced upon men whose residence is distant from the Banks where they are represented to be payable; they tempt thoughtless persons who have themselves been deceived, to the commission of crimes; even the genuine notes are necessarily entrusted to persons who are too frequently found to possess unstable principles, & who subject stockholders to great & sometimes to ruinous losses. It cannot be proper or even just, that such a currency should be offered to the honest, industrious & unsuspecting people of this Country, as a substitute for that which is established by our fundamental laws & which is founded on the uniform, inimitable & imperishable elabora- tions of nature. The stockholders in all the Banks, are equally interested with the other members of the community, in correcting this great abuse of credit. The present is a fit time to commence the operation. A commerce with the countries which produce the most abundant supplies of gold & silver, & where from the state of their industry, these metals constitute an essential branch of their exports, is now unfolding. If this commerce should commence with a diffusion of circulating paper, the advantages & security which it might afford to this Country, will be transferred to Europe; & if in consequence of the vibrations to which all commerce is exposed, we should be overwhelmed by a paper medium, during a period of misfortunate, the greatest evils & dangers may be anticipated; although in connexion with a system of wise restrictions, the banking system might even now, be safely extended or suffered to rest on the aids of private credit. In a review of past transactions, connected with proposals for future improvements, it would be a great omission not to notice our establishments for promoting education. These are in a flourishing condition, & are the glory of this State. During a considerable period, Yale College was an advanced station on the frontiers of American literature. I shall leave to History, the duty of awakening the public memory, to the names of eminent men distinguished in every branch of human knowledge & of recounting the services they have rendered to the cause of science & virtue. We are a now surrounded by enlightened & opulent communities, whose literary establishments are rising, or have risen to an equality with our own. Their great success can excite no unpleasant emotions in our breasts, because it is merely the accomplishment of purposes which we have constantly laboured to promote. We can only fail in performing our duties, when we forget that the services of preceding generations, are pledges for the duties which we owe to prosperity; that in an age of general improvement, whatever is not advancing, is at least, relatively declining; that for a long time, we shall continue to be a colonizing State & that our sons who 310 PUBLIC RECORDS May,

leave us, can only acquire that equal station in society, which will be allotted to their virtues of intellectual attainments.12 All human duties relate to God, or to our fellow men. The first are revealed, & it is the right of every man to interpret them according to the dictates of his own conscience. Education relates to our social duties, which arise from our intellectual or physical capabilities, & that system is best, which most rapidly & most extensively imparts to successive generations, the knowledge of whatever has been, or can be known, with the faculty of performing whatever has been or can be performed. As we cannot yet perceive the boundaries of human capacity, we can only be certain, that the conduct of men ought to be subject to no other restraints, than such as are imposed by religion & morality, and that within these limits, intellectual attainments are the most valuable, & ought to be respected as the most inviolable property we can possess. Our common schools, after having been diffused throughout the State, & liberally endowed, on principles of entire equality, have been committed to the protection of the people at large. No duties therefore remain unperformed by the legislature, but to observe with vigilant attention, whether the system which their wisdom has formed, is duly executed, to supply such deficiencies as time may discover, & to aid such improvements adapted to our circumstances, as the experience of this, or any other Country may recommend to our adoption. Without intending to intimate that any defects, either in the system, or in the management, have yet been discovered, I cannot deem it useless to suggest, that the efficiency of our system of education, will always depend upon the capacity & skill of the instructors, who are from time to time, employed in the primary schools. It was never intended, that the contributions from the school fund, should be a full substitute for those which the districts may raise, by taxing their members. In every district, such instructors only ought to be employed, as are capable of raising the grade of education, to such a point, as the minds of the pupils are generally capable of sustaining. The difference between what is passable & what is excellent, is immense: while economy is always a noble virtue, parsimony is frequently a degrading vice; & mediocrity ought to command as little respect in a School, as in a College; it will every where & at all times evince an ascendancy of feeble views, or a “withholding of more than is meet, tending to poverty”, of the most abject nature, the poverty of intellect. In conformity with the laws of nature, which are always wise, provision is made in our system, for instituting schools of a higher order, than those which may be established by the districts. These are precious institutions, well adapted to encourage still higher advances in science. A third grade might be introduced, or perhaps engrafted on some of our existing academies, with great benefit to the State, & with as high a probability of profit, as any investment of

12. For a discussion of Wolcott’s comments on education, see above, p. xlv. 1822 OF CONNECTICUT 311

capital within my knowledge. In such institutions, the indispensable attentions to religion & morality, might be united with instruction in all those branches of physical science & knowledge, which impart to youth, intelligence, vigor & energy in all those concerns of active life, to which they may be devoted. A College in the State of Vermont, is now conducted on these principles, & I have no doubt that it is one of the most useful institutions in this Country.13 In connexion with this suggestion, I deem it my duty to observe, that the Journal of Science, which has for some time been published at New Haven & conducted by one of the Professors of Yale College, has acquired a circulation throughout the United States, & has established an extensive correspondence, in the most polished & literary Nations of Europe.14 Its object is to render common to this Country, & to the world, a knowledge of our vast resources, connected with notices of the means of rendering all discoveries & inventions, both here & elsewhere, useful to ourselves & to mankind. While pursuing its silent & unobtrusive career, it has conferred a celebrity on the State & on the College, which they never before derived from a single publication. Neither the literary labours, nor even the publication have derived any aid from the funds of the State, or the College, but have hitherto been wholly gratuitous & unrewarded. I most earnestly recommend this Journal to your protection, that after a proper enquiry, you may decide whether any, or what assistance is necessary to ensure it against any hazard of a decline, & that if practicable, its utility may be still further augmented. A laudable zeal for promoting internal improvements, has been excited by the brilliant examples of neighbouring States, & I have received intimations, that memorials will be presented soliciting assistance from this State. I possess no means of forming any opinion of the comparative merits of these applications, & entertain no doubt that they will all receive from you, that impartial attention, which a respect to public sentiment & the interests of our constituents, demand. It is certain, that all grants of money ought to be limited by our resources; that the people ought not to be subjected to burdensome taxes, & that the con-

13. It is possible that the governor was referring to Middlebury College, founded in 1800. However, it is more likely that he meant the University of Vermont, founded in 1791. U.S. Su- preme Court Justice David Josiah Brewer stated that he was present at the University’s centennial as an unofficial representative of Yale, and counted the University of Vermont as one of those “col- legiate institutions which trace their ancestry back to Yale.” He continued that “[we] of Yale think we have a particular interest in this University. If I have read history rightly, Vermont was largely peopled by Connecticut men and women, and they brought with them the teachings and inspira- tions of Yale.” “Speech of Justice Brewer,” The Centennial Anniversary of the Graduation of the First Class July Third to Seventh 1904 (Burlington, Vt., 1905), pp. 266–67. 14. The American Journal of Science and Arts, has appeared continuously since 1818, the longest-running scientific journal in the United States. Yale Professor Benjamin Silliman originally financed publication out of his own pocket, as noted by GovernorWolcott. 312 PUBLIC RECORDS May,

servative power ought to be exerted, to protect individuals against visionary speculations & extensive projects, which would cause their impoverishment. On the other hand, great caution is necessary, not to depress the rising spirit of the age. It will doubtless be recollected, that wise expenditures augment, instead of diminishing the public income; that it is always proper to encourage the employment of private wealth, in such objects of public utility, as produce new accumulations, & that we ought not to suffer the people to feel any relative discouragement; for ‘though we are less opulent than our neighbours, I have no doubt that we are their superiors in economy, & that whatever they have usefully accomplished, can be repeated here, with at least equal advantages, on a scale proportioned to our comparative territory & population. But it ought in my opinion, to be constantly recollected, that our system of taxation will be tolerable only, while the public expenditures are principally confined, as at present, to those which are required by towns, societies & other local & subordinate jurisdictions; & that if taxes on the general list, which fall principally on farmers, should be greatly increased, their burdens would be rendered unequal, & a value of industry be discouraged in some Towns, equal to that of the proposed improvements. Benefits which would be common to all, or at least not injurious to any interests, ought to be the objects of our pursuit.15 There exists one subject of taxation, which I have before presented to your view, which would be beneficial to every interest, as a mere regulation of police, independent of its great financial advantages. With it, a fund may be created, upon which we may at once commence a vigorous system of internal improvement; without it, or some other equivalent auxiliary revenue, I am persuaded, that all our efforts must be feeble & disunited. An excise on the consumption of distilled spirits, might be collected at a very moderate expence, by one officer in each County. Whatever duty was imposed, would be refunded with profit, to the retailers, as it would wholly fall upon the consumers. It ought to be no part of our ambition, to retail ardent spirits, at low prices. The principal consumers are improvident men, who frequently ruin themselves, distress their families, & greatly add to the expences of Towns. It is morally right, that they should repair the evils they create, & it is by taxation alone, that this effect can be produced. To many individuals who are not ruined, the expence is hurtful, & in the degree in which the consumption of spirits is innocent, the tax would be voluntary, light & insensibly paid.16 Probably distillation is the art most injurious to mankind, which was ever invented. As however this art furnishes a market for grain & fruits, which are productions of our soil; as it supplies articles of commerce to States & Coun- tries without our jurisdiction; as reformation ought to commence at home, &

15. See above, pp. xxxii–xxxiii. 16. See above, p. xlix. 1822 OF CONNECTICUT 313

with those who propose them; as distillation is every where practised, & as it would be worse than useless to extend restrictions, which would be injurious to ourselves, without being beneficial to others, I submit to your consideration, whether the distillers & importers in this State, might not be exempted from any duty, on being required not to sell ardent spirits, in less quantities than a single barrel, & in this State, only to be licensed retailers, & also to render accounts to the excise officers, of the quantities sold & the persons to whom distributed. Such regulations would facilitate the collection of the revenue, & render the tax equal among the vendors. A well devised system on this subject, would be every where supported by all conscientious men, & would furnish a title to the lasting gratitude of the people.— The institutions of this State, have acquired a high degree of maturity, & they rest on the surest of all foundations, the affections & confidence of the people; they form parts of a more extended system of administration, the per- manency and order of which, are essential to the common security. The subjects which I have presented to your consideration, are of great importance, & I am unconscious of any motives, which could mislead a judgment, which ought to be impartially & exclusively directed to the advancement of the public good. Being however convinced that all human views are fallible, & reposing entire confidence in your candour & wisdom, I respectfully submit them to your decision.

General Assembly May Session AD 1822. Oliver Wolcott HOUSE OF REPRESENTATIVES: DEBATES ON THE TAXATION OF CLERICAL PROPERTY, 1821–18221

[Debate of May 28, 1821]

On motion of Mr. Hart, his bill repealing so much of the law as exempts the property of the Clergy (to a limited amount) from taxation was taken up.2 Mr. Church, observed that he had heard no reason urged for the passage of this bill but this, that the exemption of the property of the Clergy was unconstitutional. If he believed that the provision was either expressly or impliedly unconstitutional, he should be in favor of the present bill—but it was not. If the Legislature were about to confer on any man or set of men, exclusive privileges or emoluments, such as are intended in the first chapter of the bill of rights,3 if they were about to endow any mercantile company, for instance like the East- India Company, with exclusive privileges, that would be within the meaning of the Constitution—it had reference to cases of that kind and no other. By our laws the polls of persons over 70 years of age are exempt from taxation—was this violating the constitution? It was equally so with the law under consideration. Magistrates were exempted from military duty. Had any body ever heard that this was unconstitutional? Just as much so as the law the gentleman wishes to repeal. The Constitution never intended to restrict the Legislature from exempting the property of the Clergy from taxation, when public good required it; and this was not conferring exclusive privileges or emoluments on any set of men. There is another class who are exempt. You exempt the property of Yale College and their President and Professors from the poll tax. You also exempt the property of all Literary and Charitable Institutions.4 Did anyone believe that this was unconstitutional? Certainly not. These exemptions were made for benevolent and laudable purposes; for the interests of virtue and the good of community—and the principle was right. It was proper that this little pittance of the Clergy should be exempted— and he hoped we should not aim our legislative batteries exclusively at them.

1. Reprinted from the Mirror, May 8, 1821, and the Courant, May 21, 1822. The issue is discussed above, pp. xlii–xliii. 2. The exemption in the recent 1819 taxation act was up to the amount of $2,500 in property: S.R., XX, 37. 3. Connecticut Constitution of 1818, Article First, Declaration of Rights, Section 1. 4. The tax exemptions mentioned here can be found in the 1819 and 1820 acts on taxation: S.R., XX, 37, 295; Church elided the distinction between taxation of property and taxation of polls. The exemption for justices of the peace can be found in the comprehensive 1815 militia act: S.R., XVII, 445 1822 PUBLIC RECORDS 315

Mr. Badger, said that he was in favor of the repeal of the proposed law, but not because it was unconstitutional. It would seem from the arguments of some gentlemen that the constitution was a bar to acting at all. He was in favor of this bill on the ground that the Clergy were not entitled to this exemption any more than any other set of men. He had never seen any reason why a Clergy- man worth considerable property should be exempt, and a poor man worth $500 taxed. The Clergy, generally speaking, were not very laborious—they might study six hours in a week and they might not two. It was a hardship to many of them to be called to a neighbor’s house to offer consolation to those who needed it. One day in the week was sufficient for their labours—it might to be sure be different with some. If we attempted to introduce a bill to alter the present law we were considered as standing on unholy ground. There was no propriety in granting to any set of men exclusive privileges. They lived generally in a handsome style—were well paid—and because they were able, they ought to contribute for the expenses of government. Mr. Foot, remarked that the gentleman who introduced the bill [Samuel Hart] pleads principally that it is unconstitutional. But he would call his attention to many other subjects of exemption besides those which were mentioned by the gentleman from Salisbury [Samuel Church]. His argument extended to all incorporations whatever—and by it you cannot incorporate a single Turn- pike Company in the State —Why exempt Manufacturing Establishments? In answer to the gentleman from Windham [Edmund Badger], he regretted that any gentleman should speak disrespectfully of the Clergy. As to his remark that the duty of a Clergyman is not laborious—if he did his duty faithfully it was laborious, and if he did not he was answerable to his conscience and his God. The people of this State had a respect for the Clergy and he wished it should always be maintained. Mr. Badger, said that he meant no disrespect to the Clergy—he loved a good man whether a Clergyman or any other man. With their salaries they were as able to pay as almost any class of men; and he believed it was the general opinion in the part of the State where he resided, that the Clergy who have large salaries and fare sumptuously every day, should pay their proportion of expense—He did not respect any man because he held an office, but he respected a man according to his real worth. Mr. Lord agreed with the gentleman from Cheshire [Samuel Foot] that the repeal of the law depended not upon a Constitutional question, but upon a question of expediency. He differed from that gentleman respecting its expediency. At present $2500 of the property of a clergyman was exempt from taxation, but difficulties had occurred—different property is taxed at different rates, and a clergyman might own property in different towns, and thus a quar- rel arise between them respecting which town was to have the benefit of the property. When a clergyman is possessed of more than $2500 he can afford to 316 PUBLIC RECORDS May,

settle and preach to a people upon better terms than one of no property. If this would give us a clergy more learned or more pious he would not oppose it. They were to be respected so far as they were learned and pious and no farther. Mr. Slosson hoped that the House would pause and reflect before they passed the bill—and turn their attention to the state of society in Connecticut and ask what were the causes that had raised our character in the eyes of our own people and of people abroad? They will find that our clergy have been one of the principal causes. If we looked at the circumstances of the clergy we shall find them generally poor—there were very few of them who possessed property out of their own societies, and the difficulty stated by the gentleman from East Haddam [Richard Lord] would rarely occur. The gentleman from Windham [ Edmund Badger] had said that our clergy were idle and did nothing. He would ask him if he had not an opportunity almost every evening in the week to hear preaching, and to hear them perform their appointed duty. Mr. Treat, remarked that the good people of this State had heard it declared from the desk that religion was in danger—it had been so declared before the change in administration took place. Look at the newspapers and you see accounts of females presenting 100 runs of yarn to clergymen—they were placed in a better situation now than before. He hoped the bill would pass. Mr. Hart, said that he considered that part of the law this bill was intended to repeal as inexpedient, because unnecessary. It was enacted for the purpose of ensuring an object now accomplished. Religion stood in no aid of civil power to support it, notwithstanding the alarm which had been excited. In consequence of the liberal provision made, our excellent constitution has demonstrated the reverse of this. Ministers of the gospel were well remunerated—to say nothing of the missionary society which receives annual donations from the people,5 & be understood that considerable donations had been made to that society by legacies. He need say, little on that subject—every gentleman know[s] how this thing had been managed in the old countries. Children born to affluence had been reduced to beggary by this. The fairest part of God’s creation had come forward with their different societies to aid religion. They had their Benevolent Societies, and Female Societies, and female Bible Societies, Cent Societies and Mite Societies, and a hundred others. The clergy possessed these resources and many others. The most substantial claim for the repeal of this law was, that it was unconstitutional. It was declared in the bill of rights that “no man or set of men should be entitled to exclusive privileges.” Let this be noticed particularly. That an exemption of $2500 of property from taxation was a privilege, no one could deny—it was a public emolument and privilege, and met directly the provision in the Constitution. The tax law was no public law—this was an exclusive privilege because the clergy only enjoyed it. They

5. For the annual donations to the Missionary Society of Connecticut, see S.R., XX, 342, 342n. 1822 OF CONNECTICUT 317

were entitled to other privileges, as the exemption from the poll tax. Other classes also, the tutors and officers of Yale College were exempt. He made no complaint of this—this was not exclusive. If he understood the import of language their enjoying it alone was an exclusive privilege. The clergy were a distinct class of men, and had always been so in all countries. The Constitution says no set of men shall enjoy exclusive privileges—and by the existing law we had conferred exclusive privileges on the clergy—it therefore irresistibly follow’d that it was unconstitutional. And would gentleman acting under the solemnity of an oath to support that instrument violate that oath? The time has been, when less than what I have now said would have been deemed disre- spectful to the Priesthood: but I trust that correct principles, and liberal feelings so far now prevail that I shall not be accused of committing an offence of this sort: especially when I declare that I respect and venerate the Clergy, altho’ I do not adore them. I would cheerfully ascribe to them all the merit, and all the dignity to which they are justly entitled, and here I would stop. Mr. S. Griswold, said it was somewhat unfortunate that this discussion should come up at this time. He did not think that any gentleman could really consider the law in question as unconstitutional, nor had the convention who framed it any such ideas on the subject as the gentleman from Berlin [Samuel Hart]. If we turned to the Constitution we should find that after passing the bill of rights, the convention had created a much more privileged order than the one now in question. In the 3d article we find that Senators and Representatives are not liable to attachment on civil process during the sittings of the Legisla- ture.6 This was a privilege, and so said to be in the Constitution—and in these pinching times we should all agree it was one of some consequence. As to the expediency of the measure it could to be one of much importance whether the clergy were taxed or not. They possessed generally very small property, not one in ten or twenty ever possess property to the value of $2500. One thing should operate in their favor which had not been brought into view. They did not participate in the offices of the government of the State—the law did not exclude them, but custom did. Mr. Church, said his reasons for opposing the bill were not because religion was in danger. The reason which induced him [t]o oppose it was simply this, because he did not wish this legislature to make invidious distinctions. If gentleman were willing to sweep away all their privileges, he would go with them. If they would say that the polls over 70 years should be taxed, that Justices, and Judges, and Minsters should go into the train bands, he would go with them— but it was not proper to single out the privileges of the clergy for attack in this way, while so many others remained to other classes of men.

6. Connecticut Constitution of 1818, Article Third, Section 10. 318 PUBLIC RECORDS May,

Mr. Foot, remarked that the gentleman from Berlin [Samuel Hart] had very emphatically inquired if any gentleman who had taken the oath to support to the Constitution could vote against his bill. He had taken that oath, and he presumed that he regarded it as much as the gentleman from Berlin. That gentleman had read from the bill of rights that no exclusive privileges should be granted to any man or set of men—but this was not an exclusive privilege. It was intended to guard against a case like that of the East India Company, as mentioned by the gentleman from Salisbury [Samuel Church]. The clergy in Connecticut were not entitled to any exclusive privileges by our laws. Mr. Wood, said that the law was not originally made to favor any privileged order; but was a measure adopted by their ancestors for the purpose of promoting public worship. It was their policy to encourage literature and religion—and it had never yet been considered unconstitutional to encourage literature. It had been the policy of this government also to encourage religion. The law originally extended to all the property of the clergy for this reason—in the early settlement of the state the population was sparse—the people were unable to bring public worship to their doors. In order to give encouragement to the clergy among the small population then existing, it was said that their property should be exempt from taxation. In this way a general encouragement was held out—By exempting the property of the clergy to a limited amount, societies were enabled to get ministers on better terms than they otherwise would.—He was surprised at the remarks which had fallen from the gentleman from Windham. He did not know that the clergy in that part of the state were of that description—they were not where he resided. If a clergyman is settled on so small a pittance that he is obliged to labour six days out of seven you must expect preaching accordingly—certainly not that kind which was the most useful. He saw nothing in the present law which was unconstitutional; and he hoped this state would continue to hold out the same kind of encouragement which it had hitherto done. Mr. Johnson, said that he did not agree with the gentleman from Stamford [Joseph Wood] that the original law was made for the promotion of religion. He did not consider that the constitution had any thing to do with the question now before the house, and it was not necessary to repeal the law to secure the integrity of that instrument. The only question was the expediency. The first law made on the subject of taxation was in 1650—that exempted all magistrates and ministers of the gospel from the poll tax—this shows that it was not made for the encouragement of religion, but because it was reasonable. In 1737 at the revision of this law, justices were not exempt from the poll tax, but the governor and higher magistrates and ministers were, and this law extended the exemption to the property of ministers and no doubt the same reasons which first induced them to exempt their polls, now induced them to exempt their property. It was not until 1794 that the law exempting the polls of the governor 1822 OF CONNECTICUT 319

and council was repealed.7 When the new system of taxation was adopted, it was found that some of the clergy had large estates, and the exemption of their property was then limited to $2500. This was never intended for the support of religion—the ground for this exemption, was the general sense of community on the subject; and he felt inclined to believe that the people were well satisfied with it as it now stood— If the ideas of the gentleman from East Had- dam [Richard Lord] were correct, that evil was easily remedied. We were now called upon to pass a law to tax all the property of the clergy: but if they got a bare living and were faithful in their office, (and they were faithful to that God whom they exhort us to worship we ought not to doubt)—in this view of the subject he was not disposed to deprive them of the exemption which they now enjoyed. Why do we exempt justices from military duty? Was it not because their authority was beneficial? And the same rule applied to the clergy. He would not take away any part of the little pittance they had. The community was contented on this subject, and until there was a louder call than the present, he had no occasion to make any alteration. Bill negatived, 53 in affirmative.

[Debate of May 15, 1822]

A bill for a public act to repeal so much of the present law as exempts from taxation to the amount of $2500, the property of ministers of the gospel, was read a third time. Mr. Swift said, that he rose to say that he was in favor of the passage of this bill. He thought the present law was of no benefit to the clergy; it operated very unequally. The facts which had been disclosed in the petition from Danbury upon this subject,8 he thought furnished conclusive evidence that the law ought to be repealed. Mr. Booth said, he thought the present law unreasonable, unjust, and unconstitutional. Unconstitutional, because contrary to that part of the constitution which says, that no class of men shall be entitled to exclusive privileges or exclusive public emoluments. It had been said that the law in question was not unconstitutional, and the argument had been supported by saying, that this was not an exclusive privilege anymore than the privilege enjoyed by the President and Fellows of Yale College, or by justices of peace in being exempted from military duty. But it was not sound logic to argue in this matter; if it was wrong in those cases, that did not make this right. It had been well remarked by the

7. For information on poll tax exemptions in colonial Connecticut, see Alvin Rabushka, Taxa- tion in Colonial America (Princeton, 2008), pp. 180, 382, 476, 606; for the 1794 repeal of the exemption for the governor and council, see S.R., VIII, 190. 8. The Danbury petition, dated May 20, 1822, can be found in the Rejected Bills, Box 6, 1821–1824, folder 8, 1822, item 108. 320 PUBLIC RECORDS May,

gentleman from Windham [Zephaniah Swift], that the existing law operated unequally. In its operation it was taking out of the town treasury the amount which the clergy were exempted from paying. Some denominations and some towns had more clergy than others. Take for instance the town of Danbury, where their petition stated there were fourteen clergymen. Of that number, three belonged to two denominations, whose list amounted to half of the whole list of the town. Some towns had two or three, others seven or eight. The inequality of the present law in its operation he thought manifest to all, and he hoped it would be repealed. Mr. McClellan, said that until the existing law was passed, all the property of the clergy had been exempted from taxation. In country parishes their salaries were small, and in their settlement this fact had been taken into consideration. The present law had been passed after due consideration; it was thought to operate equally among the different denominations of Christians; and he should be sorry to have it repealed. In a country parish, a minister, scarcely had as much as a laboring man earned. He could see no propriety, in making this attack upon the clergy. The Con- stitution said that all should enjoy equal privileges. If the Episcopalians, for instance, had the property of their clergy exempted, and other denominations theirs, it was equal. As to the fact stated by the gentleman, about Danbury, he was glad to hear that the people of that town were so religious, as we should suppose from the fact of their having 14 ministers; perhaps they were growing more so, and receiving new light—he was glad to hear that they were progressing in this way. It used to be said by some that we should have no ministers, and that the meeting houses would all be torn down; but he rejoiced that we now found the contrary—for if there were as many ministers in that town as had been stated, it was good evidence that they were not. He thought however, that some of their congregations could not be very large. If a little sect of christians rose up, it was not proper for us to try to pull them down. In the present state of things he thought it improper to repeal the law, and he hoped the bill would not pass. Mr. Bacon, said that he perhaps differed in opinion from many gentleman in this house; but he thought this bill would create much heat, and occasion no benefit. If the object was to raise revenue, it would not raise much. He hoped that the bill had been introduced for an honorable purpose. As to the revenue, it might perhaps in the town which he represented, raise three dollars—this he would cheerfully pay from his own pocket. He very much feared that the clergy and their friends would consider this bill as aimed at them; and however honest were the motives of its introducer, it would be so considered. As to the constitution, he did not think it would be so considered. As to the constitution, he did not think it had any more to do with the bill than Mahomet’s Alcoran. 1822 OF CONNECTICUT 321

Mr. Babcock, said if any gentleman in the house might be considered as having an interest in this bill he was one, for his father was a clergyman. “I am”, said Mr. B. “a republican, opposed to exclusive rights and privileges.” He did not fear the danger apprehended by the gentleman from Woodbury [Daniel Bacon]. He was a friend to the clergy, but they ought not to be supported in this way. Mr. Shaler, said that he was in favor of the passage of this bill. The present law operated unequally—the exemption did not benefit the poor clergy. It was well known that the greatest part of the clergy had very small estates. Those who were rich had property to the amount of $2500 exempted from taxation. There were two tribunals to which we were commanded to render tribute. “Render unto Caesar the things which are Caesar’s, and unto God the things which are God’s.”9 He saw no reason why the Clergy who held estates, should not render unto Caesar the things due to Caesar. He was in favour of supporting the clergy, but opposed to doing it in this way. Mr. Tracy, said that in his opinion the present law operated against the clergy. The intention of the original law he supposed was to exempt from taxation a house and small piece of land. At present, the rich clergyman was benefitted and the poor one was not. Under the existing law much difficulty had arisen respecting the kind of property which was to be exempted—some clergymen who were rich, wishing to exempt that property which went into the list at the highest rate. If the law was not repealed, it ought to be modified so as particularly to describe the property which shall be exempted. Mr. Grannis, said that the arguments urged in favor of the bill had more plausibility than reality. He would ask was our law any more unconstitutional than that which exempted the militia from the poll tax? It was conceived to be important to have a good militia, and to hold out encouragement to them; and so with the clergy; the principle was the same. The existence of a free government like ours depended on the moral virtue of the people; and to this, the clergy very much contributed. The constitution was not in our way. Upon this point, he agreed with the gentleman from Woodbury. Every law had its peculiar meaning. He did not like the complexion of this bill—it was hostile to the clergy, and hostile to christianity. We had lately established a new code of laws—he wished the present law to remain among them to show that we revered some of the institutions of our ancestors; modern philosophy he wished to shut out. Mr. Gallup, remarked that it seemed to be said that the introducer of the bill now under consideration, did not revere the clergy; but he revered them as much as any man. We could all read the constitution, and judge for ourselves whether the present law was unconstitutional or not. He thought that it had a tendency to operate against the clergy. It was only the poor clergy that needed

9. Matthew 22:21. 322 PUBLIC RECORDS

exemption. Those who had property, knew how to retail it out and keep that out of the list which was taxed most. Clergymen who were receiving salaries, and had property, did not need this exemption. The gentleman from Woodstock [John McClellan] rejoiced at the number of clergy in Danbury; but where there was so much of an article in market the commodity was cheap. Mr. Marks, said that one evil of the present law was, that it encouraged men to pretend to be ministers when they were not. Mr. Lord, said that he was in favor of the bill. He was not hostile to the clergy—he rejoiced that we had a learned and pious clergy in the state, and it was a satisfaction to him to contribute to their support. The present law had an injurious effect upon the clergy. Where a wealthy man and a poor one offered for settlement, the exemption of $2500 of the property of the former, enabled him to offer to settle on as much lower terms terms than the latter, as the taxes on that sum, which was equal to $15. Clergymen often had property in two or more towns. Misunderstandings arose between them as to which should have the abatement. The law did not specify what particular kind of property should be exempted. They might reserve one kind or another, and this had a tendency to make the parishioners believe that their ministers were not honest men. Suspicions were in this way created, and he believed that the law was of no advantage to the clergy. Mr. A. Pettibone, said that probably in the settlements of many of the clergy their exemption from taxes was taken into consideration. Several gentlemen thought the law should be modified—he wished it might be, and to give time moved that it lie on the table. Agreed to. HOUSE OF REPRESENTATIVES: DEBATE ON THE STEAMBOAT BILL, 18221

[Debate of May 18, 1822]

On motion of Mr. Ingersoll, the Steam-Boat bill was read a third time, a motion to postpone it till Tuesday being negatived. Mr. Ingersoll said, that after the able examination which the subject had un- dergone, it might perhaps be thought presumption in him, to add any thing. But as the subject was one which deeply affected his constituents, he could not give a silent vote. It had been objected to the passage of this bill, that it was taking away the vested rights of Fulton Steam Boat Company, and depriving them of their property. But when he heard these observations made, he should suppose that we were sitting at the Capitol at Albany.—These charges had been so often rung, as almost to make us forget that we were in the good old state of Con- necticut. We could hardly find a State in the union, that was unable to navigate its own waters and those of its neighbor, by Steam Boats, except Connecticut. We found them on the Delaware, and Chesapeake, and on many other rivers. We found that in consequence of the countervailing law of New-Jersey, their boats now navigated to New-York; and a similar one had been passed in Ohio. It should be remembered that we were situated differently from almost every other state in the union. The State of New-York laid claim to the whole of Long Island Sound, and by their laws a boat cannot pass from one shore to the other without being forfeited. We were thus not only prevented from not going from our own ports to New York, but from one port to another in our own State. This was not a new subject. It had been presented to the Legislature at Harford in 1819. He was then unwilling to adopt severe measures; and had hoped, that those then adopted would have accomplished the object. We had now waited three years in vain. Our citizens had presented a humble petition to ask that from the Legislature of New-York, which their own State had not granted. Sixteen hundred of the inhabitants of Fairfield county, and a number from New- Haven, had petitioned them last winter. After our own citizens had petitioned, and after we had sent our Governor to petition, and our requests had been refused, ought we not to do something effectual? The bill on the table did not pretend to coerce them to give us the use of their whole waters; but only of those which were called the highway of nations, through Long Island Sound.— It was said that this was destroying the rights of individuals. No sir. The persons who are interested have it in their power to suspend this act at any time. It was not the wish of this State to deprive them of Steam Boat navigation and

1. Reprinted from the Courant, May 21, 1822. For the context of the debate and many of the specific issues mentioned, see above, pp. xxvi–xxviii; for the act iteself, see pp. 210–11, 210n. 324 PUBLIC RECORDS May,

equal rights—and was it a great hardship for them to let our citizens go side by side? Their profits to be sure might be diminished. But suppose they now got 20 per cent, and should hereafter receive only 10—why this would be enough. One word as to the situation of the boat owned here.2 The gentlemen who argued the case had dwelt much upon the condition of the purchase. When the boat was purchased, she was under the injunction of the Chancellor, and ipso facto forfeited. It was to release her from this injunction, and what the State of N. York considered as a forfeiture, that the condition was annexed. Since the purchase of the boat, between 5 and 6000 dollars had been expended upon her—this he mentioned to show that it was a real sale. He would not detain the House longer; but he trusted it would be seen by their vote that they would protect the rights of our citizens. Mr. Butler said, that he would not enter into a discussion of the merits of the bill. But it would be recollected that he was in favor of hearing the Fulton Steam Boat Company by counsel, on the floor of this House. He was now glad that that course had been adopted, because the prejudices with which he had come here were removed. He was now convinced that the Legislature of New-York in passing the several laws on this subject, had acted in a fair and honorable manner. Had he been a member of the Legislature of that State when the grant was made to Livingston and Fulton, he should have voted as they did; or had he been a member when the subsequent laws were passed, further to protect their exclusive privilege, he should have voted in the same manner. The reasons which would influence his vote on this occasion, were, that the effect of the laws of New-York were prejudicial to the citizens of Connecticut—operating as a hardship in consequence of our contiguity to New-York, and operating so as almost to exclude us from its waters, and in a measure to exclude us from our own. We had a right and it was our duty to take care of our own citizens. Mr. Swift, said that he would merely state the reasons of his vote on this bill. It was not necessary for us to take the constitutional question into consideration—this was to be decided by the Supreme Court of the U. States. We must now consider the law of New-York as constitutional, because it had been so decided by the Courts of that State. But if the law of New-York was constitutional, we had a right to take care of our own citizens. Chancellor Livingston and Mr. Fulton had not made such a discovery as to entitle them to a patent; and they could not get the exclusive right to their discovery in any other way than they did. The Legislature of New-York acted perfectly proper in making the grant to them.—The consequence is that it can extend no farther than the laws of New-York have effect. Such being the fact, this improvement is common to all the States, except New-York. New-Jersey and Ohio had passed laws to countervail those of New York; and no State now suffered by them but Con-

2. New Haven, where the General Assembly was sitting. 1822 OF CONNECTICUT 325

necticut. He was free to acknowledge that the merits of Fulton were great, and he was willing that he should be amply rewarded.—Mr. Colden was entitled to great credit for the steps had had taken, and was a very meritorious citizen.3 But if any farther compensation was made, it ought to be done by Congress. It we suffered the law of New-York to operate here, the State of Connecticut remunerated them, and no one else. They would enjoy this exclusive right 16 years longer, to the injury of our own citizens, except this law be passed. Mr. M’Clellan, said that the information communicated by the gentleman from Windham [Zephaniah Swift], was true as to the passing of the law of New-Jersey; but he understood that after solemn deliberation it had been repealed.4 The grant in question to Livingston and Fulton, was not an exclusive grant to citizens of New-York, but to one person in that state and one in Penn- sylvania. It had been made to them in consequence of great and useful discoveries: and citizens of Connecticut might come in under them and participate in their privileges. In consequence of that grant, and depending upon its faith, the citizens of N. London, and other towns in this state, had become proprietors, and were receiving the profits of this stock. He regretted that the decision of the question was not delayed until the decision of the Supreme Court of the United States was obtained. That would put the business at rest. If that Court should decide that the law of New York was unconstitutional this law would be unconstitutional; and in the mean time if one of our citizens should attach one of their boats, and he was sued for it, we should be bound to indemnify him. Was it not more prudent, in the present state of things, to wait for the legal decision? He had once travelled through such a scene as this might be. He recollected when the State House was building at Hartford, there was wanting about $12,000 to complete it. Some gentlemen came forward and offered to build it themselves, provided the State would quit-claim to them certain land in the State of New York, called the Gore. Some difficulty occurred with that State about it, we passed an act on the subject and they passed another; and in the end we lost the land. In consequence of this, these persons came back upon the State and petitioned again and again—and that building had already cost the State $57,000; in addition to this, there was another petition now before them praying for $30,000 more.5

3. The New Jersey act is discussed above, p. xxvi; Charles Warren noted the similar intent of the New Jersey, Ohio, and Connecticut acts in The Supreme Court in United States History (3 vols., Boston, 1922), II, 58. Cadwallader D. Colden expressed the wish that the proceeds from his recently published Life of Robert Fulton (New York, 1817) be used for a monument to Fulton (p. vi). 4. McClellan seems to have his facts wrong. New Jersey did not repeal its 1811 act aimed directly at New York’s Fulton-Livingston monopoly, but did in 1815 overturn a November 1813 act granting exclusive steamboat privileges in New Jersey to a rival group. John D. Ward, An Account of the Steamboat Controversy Between Citizens of New York and Citizens of New Jersey, from 1811 to 1824 (Newark, 1863), pp. 9, 16. 5. For the key 1795 legislative action referenced here, see S.R, VIII, 255–56, 255–57n. 326 PUBLIC RECORDS May,

He thought we had better pay the Packet Masters and Stage owners in New Haven their profit for one year, rather than get into this controversy with New York, until the case was decided before the Supreme Court, which would be in that time; and he felt unwilling to stop the great public accommodation of Steam Boats, which the citizens of this and other States enjoyed. Mr. Pitkin, said that he was in favour of the bill, but for different reasons than those offered by some gentlemen. He must confess that his impressions had been that the law of New-York was unconstitutional, and that it would be so decided by the Supreme Court of the United States. But still, under existing circumstances, it was proper for the Legislature to interfere, and to protect our own citizens from having the extraordinary provisions of the laws of New York enforced. And although the Supreme Court should not so decide, still it was proper for us to interfere. This involved one of the great questions for which the Constitution was adopted— that we were free and sovereign States. The law of New York was contrary to that part of the constitution which says that Congress shall have power to regulate Commerce, and to that part which says Congress shall not give a privilege to one State over another6—and he would ask did not New York enjoy the preference in this case. If New York had a right to pass a law granting exclusive privileges for 30 years, she could forever. Before the remaining 16 years of the 30 are expired, it was not improbable but that the whole coasting trade of the United States, might be carried on in vessels moved by steam; and though now this right had been granted but for 30 years, the Legislature of New-York might at its expiration renew it for a period as much longer. Probably the right for the remaining 16 years was worth a million of dollars. Such was the intercourse with that great emporium of our country, the City of New-York, that this exclusive right was of immense value. There, nearly one half of the duties paid in the United States were collected. The cotton of Georgia and the rice of Carolina was transported there. The time probably was not far distant when all these articles would be transported there by the power of steam. He had risen to express his opinion that the law of New-York was unconstitutional. But notwithstanding this, placed as we were by it, he was in favor of passing the bill on the table. The State of New-York had no more right to grant an exclusive privilege for vessels moved by steam, than for those moved by sails. In the present case, in forming our opinions, we were to lay out of the question the merits of Livingston and Fulton. He would agree with the gentlemen in all that had been said of their merits; but it did not follow from this, that the state of New-York had a right to grant an exclusive privilege of this kind for 30 years—if for that time she might for 60 years or any other period.

6. U.S. Constitution, Article I, Sections 8–9. 1822 OF CONNECTICUT 327

On the passage of this bill the Yeas and Nays were given, which are as follows, viz. Hartford County. Yeas.—Messrs. Francis, Beckley, Merriman, Marks, Humphreys, Bidwell, Phelps, Collins, Potter, Pitkin, Cowles, Hollister, Day- ton, Robbins, Hayes, Sugden, Williams, Talcott, Pettibone, Case, Grannis, Hart, Denison, Wells, Lusk, Thrall, Newberry. Nays—0. New Haven County. Yeas—Messrs. Ingersoll, Mix, Linsley, Frisbie, Hitch- cock, Foot, Humphreys, Holt, Griffin, Todd, Warner, P. Clark, Tyler, Gunn, Du- rand, Pierpont, Candee, Johnson, Dutton, Morse, E. Clark, Hall, Darling, French. Nays—0. New London County. Yeas—Messrs. Rockwell, Tracy, Whiting, Cone, Ha- zen, E. Lester, Brown, Otis, J. D. Gallup, Brewster, Morgan, A. Gallup, Faxon. Nays—Messrs. Manwarring, Trott, Peters, J. Gallup, N. L. Lester, Rogers, Pendleton, C. Avery. Fairfield County. Yeas—Messrs. Baldwin, Bulkley, Gregory, Booth, Foot, Bates, Waring, Smith, Beardslee, Newton, Raymond, Botsford, Shepard, Isaacs, Comstock, Hill, Lee, Forrester, Graves, Lockwood, Wood, Fairchild, Middlebrook, Sherwood, Coley, Sturges. Nays—0. Windham County.—Yeas—Messrs. Spalding, Knowlton, Keyes, Judson, Butts, Dorrance, Taintor, Hutchins, Chase, Williams, O. Kingsly, L. Kingsly, Conant, Eaton, Lester, Scarborough, Sharpe, Thurston, Nicholson, Ormsbee, Kinne, Swift, Badger, Chandler. Nays.—Mr. McClellan Litchfield County.—Yeas.—Messrs. J. Welch, Howd, Munson, Leavitt, Douglas, Babcock, Burnham, Hopkins, Lyman, Hart, Candee, Preston, Perry, Mills, P. Smith, Canfield, Pettibone, B. Welch, Butler, Sanford, Strong, T. N. Smith, Gager, Roberts, Woodward, Hartwell, Mitchell, Clark, Curtis, Adams, Bacon, Drakely. Nays—0. Middlesex County. Yeas—Messrs. Savage, Markham, Robinson, Tibbals Lord, Palmer, Elliot, Kelsey, Pratt. Nays—Messrs. Dana, Shaler. Fairfield County. Yeas. – Messrs. Nye, Chapman, White, Bidwell, Wright, Willey, Norton, Bissell, Kibbe, Fuller, Rice, Woodworth, Lawson, Crawford, Rider, Brigham. Yeas 174 – Nays 11. GOVERNOR OLIVER WOLCOTT: VETO MESSAGE ON THE STEAMBOAT BILL, 18221

Gentlemen of the House of Representatives. I have maturely considered a Bill for a public act entitled “An Act to protect the citizens of Connecticut, in their right to navigate boats or vessels moved by fire or steam”, with an anxious desire to afford my co-operation in all constitutional measures which may be proposed, for the protection of our own citizens against any infringement of their rights;—But after a careful examination of the principles contained in this Bill, I feel constrained, by a sense of duty, to withhold my assent, & to return the Bill to the House of Representatives, in which it originated, with my objections to the same. The bill is professedly retaliatory. Its preamble sets forth the causes which have led to its adoption;—the concluding section provides for a suspension of its operation, whenever those causes shall cease to exist, and the whole is founded on the assumed principle, of a continuing injustice and forcible depri- vation of the just rights of the citizens of Connecticut. The object of this Bill is, not to create a right in our own citizens to the use of the waters of New York; But to prohibit the use of our waters, until that right is surrendered to us. It is therefore to be presumed, that no interference on the part of this State, would have been considered either necessary or proper, had not the Legislature of the State of New York, by the enactment of certain public laws, made such inter- position, in the view of the General Assembly, indispensable to the enjoyment and security of the rights of our own citizens— In the examination of the interesting questions which arise out of this Bill, two points of enquiry present themselves at the outset:—the first is, whether the legislative acts of the State of New York, are within the constitutional powers of that State to enact? If it should be found that they are violations of the Constitution of the United States, a second enquiry arises:—will a law of this State, containing the provisions found in the Bill submitted to my consideration, be equally unconstitutional and void?—To these points, I respectfully invite the attention of the General Assembly. The purport of the Acts to which reference is made in the preamble, is to vest in the persons who are named therein, “the sole and exclusive right & privilege of constructing, making, using, employing, and navigating all & every species or kinds of boats or water craft, which might be used or impelled thro’ the water, by the force of fire or steam, in all creeks, rivers and bays what-

1. Transcribed from the Executive Journal for May 27, 1822, pp. 284–95. For the context of this message, see above, pp. xxvi–xxviii, where many specific matters mentioned by the governor are discussed. Despite Wolcott’s veto, the Assembly passed the bill for a second time; the eventual act is above, pp. 210–11, 210n. 1822 PUBLIC RECORDS 329

soever, within the territory & jurisdiction” of the State of New York;—And the rights attempted to be secured by these Acts, are enforced by such penalties and forfeitures, as were deemed adequate to the attainment of the object proposed. It will be perceived, that the right of granting the exclusive navigation of the waters within the jurisdiction of the State of New York, to boats of a particular description, is operated & enforced by these laws. Every species of water craft is propelled by steam, is embraced by their provisions:—and the only criterion originally established to determine the extent of the right secured on the one hand, and the forfeiture incurred on the other, was the fact of the application of fire or steam, to produce a progress of the boats thro’ the water, at a given mean rate per hour:—And it is difficult to conceive, why a lawful power in the Legislature of the State of New York (if it exists) to confer an exclusive right upon particular individuals, to navigate the waters of that State, with boats of one description, may not be extended, for similar reasons, to boats of any & every description;—why, if, in consideration of improvements deemed to be of general utility, it can prohibit the use of its navigable waters to all persons (excepting those on whom it confers the privilege) by means of Steam Boats, it cannot also enact the same prohibition, for like considerations, agst. every kind of vessel, which has ever floated on the ocean. The enquiry then arises, does the sovereign power of the State of New York, extend so far as to enable her to exclude the citizens of this State, from the use of navigable waters within her jurisdiction, by boats impelled by Steam?— The very statement of this question would seem to furnish an immediate answer from every man, who claims the right of citizenship in this Republic. But inasmuch as the very respectable Courts of the State of New York, have pronounced these laws to be valid, a particular enquiry with reference to this point, seems important, and in my view of the ultimate consequences, it is highly necessary. No doubt can be reasonably entertained that the waters of Long Island Sound, along the coast of this State, and from thence to the open sea, are free to all the citizens of the United States, for all purposes of navigation & commerce, with the sole exception of such rights of individuals, as may be right- fully modified by the Constitution & laws of theUnited States. By that Constitution, the power to regulate commerce, as well “among the several States”, as “with foreign nations” is vested in Congress.2 Steam Boats may as well be vehicles of commerce, as any other Boats. They are indeed commonly used for the conveyance of passengers, but they may be, & often are used, for the transportation of merchandise:—And whether so used or not, the same power which can lawfully confer the sole right, to the use of a Boat impelled by steam, can also confer the same privilege, for like reasons, on a

2. United States Constitution, Article I, Section 8. 330 PUBLIC RECORDS May,

boat propelled by wind, or oars. This power to regulate commerce, is in my judgment, necessary exclusive, & has been surrendered to Congress by every State in our Union. It is not indeed said in terms, to be exclusive, nor is it necessary to be so expressed, to constitute it such. A safe and intelligible criterion to determine what powers vested in Congress belong solely to them, & what may be exercised by them & the respective States concurrently, is to be found in the subject matter of the power granted, taken in connexion with the effects which would be produced by the enactment of laws on the same subject by Congress, & an individual State. The States may lawfully pass Acts in furtherance of the Acts of Congress, to promote the same general objects of public utility, but they cannot enact laws which may, or do impede or prevent the due execution of national laws relating to the same objects. Hence it may be assumed as an axiom, that all regulations by the States, which relate either to ferries, bridges, roads, or other public improvements, which facilitate the intercourse between different parts of our Country, are clearly constitutional: And in furtherance of this object, they may collect tolls to defray the expences attending the erection, or keeping them in repair:—provided they are levied equally upon their own & the citizens of other States. I apprehend incorrect results have been deduced, from considering particular cases which are evidently within the powers of the States to provide for, as furnishing general rules for other cases, which are by no means analogous & which depend upon entirely different principles. Thus it is said a State has the power of vesting the right to the use of a ferry over navigable water:—& hence the inference is drawn, that it has the exclusive right to control the use of the same waters, for all other purposes which may be of general benefit to their citizens. But there is a wide distinction between the two cases. The exclusive right to use a ferry, in no manner interferes with the national regulations relating to commerce & navigation:—the exclusive right to the use of navigable waters, for all purposes, may & oftentimes will create such interference:—The power to regulate commerce, necessarily includes a right to make regulations regarding the use of navigable waters, so that the objects of that commerce may be attained & the means by which it is carried on, may be enjoyed. If then, a State can shut its waters agst. Steam Boats or sail Boats, or other vessels, excepting when navigated by persons upon whom they have conferred a right of use:—if this power can be exercised concurrently with the power of Congress, the right of the National Government, “to regulate commerce”, is annihilated:—the form of words may remain in the Constitution, but every vestige of the right, is gone. On the contrary, if by the grant to Congress, of the power to regulate commerce, the navigable waters of this great Country, are thrown open to all its citizens for the purposes of navigation & commerce, all the rights of a particular State, to interfere, to prohibit their use for these purposes, has ceased:—And the argument would seem to be unanswerable, that as Congress, by the provisions of the Constitution, have 1822 OF CONNECTICUT 331

power to regulate commerce between the States and foreign nations, as well as among the different States: and as this power has been exercised, in relation to every part of our Union, any law of a State which has for its basis, a principle which affects a free & unrestrained commercial intercourse, must be unconstitutional:—And no danger of partiality, by Acts of Congress, in the enjoyment of this commerce, need be apprehended:—No inequality can arise from the exercise of the power of Congress, in relation to navigation, commerce, & revenue:—for the same Constitution has provided that “no preference shall be given by any regulation of commerce or revenue, to the ports of one State, over those of another:—no vessels bound to or from one State, shall be obliged to enter, clear, or pay duties in another.”—It is indeed wisely provided, that the rights of the inventors of useful arts, may be secured, for limited periods, by the laws of Congress:—but with this sole limitation, the privileges of all the people of the United States, which have reference to commerce or navigation, exist throughout our Country on principles of entire equality.3 A different doctrine would subvert the principles upon which our Government is founded:— would produce rivalships, jealousies and countervailing laws in the different States:—interrupt our prosperity & endanger the Union. The power assumed by the State of New York, in the Acts referred to, also directly interferes (if it can be lawfully exercised) to prevent the collection of the revenue arising from imposts & tonnage. In vain has Congress provided a Customs House, and made the City of New York, a port of entry. If the State can prevent vessels impelled by steam, & in the exercise of the same sovereign powers, all other vessels, from entering her waters, every production of foreign growth or manufacture, which is attempted to be brought into her ports, may be excluded:—And thus every Act of Congress in relation to the navigation, the commerce, or the revenue of the Country, so far as the same has any practical application to the State of New York, may be rendered a dead letter. A claim of power which leads to consequences like those above stated, cannot have any just foundation— The suggestion that Congress have made no regulation of commerce regarding Steam Boats, & that therefore the grants under the State of New York, are to be treated as valid, until they come in collision with such a regulation, can have no operation, provided the power “to regulate commerce”, is given exclusively to Congress:—And if it were admitted, that the powers are concurrent, it may be observed that Congress have already passed numerous Acts relating to the commercial intercourse between the different States, all of which are necessarily founded on the admitted principle, that such intercourse may be carried on freely and without interruption, by all the citizens of the Unit- ed States. It has not indeed enacted a law, declaring that every person may

3. United States Constitution, Article I, Sections 8–9. 332 PUBLIC RECORDS May,

navigate the waters of New York, or of any other State, with a boat propelled by steam;—neither has it enacted a law, that every citizen may use the same waters, with vessels constructed upon the ordinary models and propelled by wind:—And the reason is, because the regulations which they have adopted, extend equally to boats or vessels of all descriptions. They refer to vessels generally;—& whether it be a Ship, or a Steam Boat, it has the same privileges & is placed under the same regulations. I cannot conceive it necessary, to call the attention of the General Assembly, to the conflicting claims which might arise from considering the grant of a patent by the State of New York, for the use of Steam Boats, as valid, when Con- gress are vested with that power:—nor to the consideration of the question how far the acts of the State of New York interfere with the provision of the Consti- tution of the United States, which declares that “the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States”.4 A high respect for the legislative & judicial authorities of the State of New York, has led me to a more particular examination of this subject, than I should otherwise have deemed necessary;— especially as I find my own opinion so fully supported by the report of a respectable Committee, made to & accepted by the house of Representatives, at the May Session 1820, in which they say, that the grants contained in the Acts referred to, are, as they respect the citizens of other States, void, by the Constitution of the United States;—And in the title and preamble of the Bill now under consideration, which express the views of the present Assembly, in relation to the Acts against which the Bill itself is intended to guard:—I cannot on this subject, adopt any language better suited to the view which I have of them, than that they “operate to exclude the citizens of Connecticut, from the free navigation of Long Island Sound, and the East River communicating with the Atlantic Ocean and our Sister States”5—A law which prevents our citizens from using the waters of this Sound, freely and at their own pleasure, for the purposes of navigation & commerce, must be unconstitutional and void. I have not considered it consistent with my duty, to waive the consideration of the question of the constitutionality of the Acts of the State of New York, either because those persons who feel interested in enjoying the privileges conferred by them, have insisted (as to preserve a character for consistency they must do), that they have emanated from a sovereignty possessing the power to enact them;—or because the highest judicial tribunal in that State, has added a legal sanction to their validity. The oath which I have taken, requires me to support the Constitution of the United States, as well as that of this State;—and in the exercise of the trust which has been committed to me, I am imperiously

4. United States Constitution, Article IV, Section 2. 5. For the May 1820 committee report, see S.R., XX, xxiv. 1822 OF CONNECTICUT 333

required to consider & to judge for myself, whether the provisions of any law submitted for my approval contravenes the provisions of the Supreme Law of the Land. I am not at liberty therefore, to receive the admission of parties, or the decision of a Sister State, (however respectable) as putting a question of this nature, at rest. Neither do I feel authorized to decide upon the propriety of the enactment of any law, solely upon the ground of its expediency or inexpedi- ency, when it involves principles, which in my judgment, are opposed to a law paramount to all others:—Neither can I reconcile it with my duty, to overlook the provisions of our National Constitution, in an honest and sincere desire, to avert the consequences resulting from the operation of a law of a Sister State. In this particular, the path of duty is plain:—It is first to be ascertained whether the relief proposed is such, as may be constitutionally be afforded:—& if it may, whether it be expedient to extend it. And for the reasons which have been suggested, with others which might be added, I can, with great sincerity, unite with the General Assembly, not only in expressing an opinion upon the constitutionality of the Acts of the State of New York, but that my opinion, in coincidence with theirs, is, that those Acts are unconstitutional and void. I ought not however, in justice to the respectable State which enacted them, to omit stating my entire conviction, that the circumstances which gave to them an origin, furnish strong evidence, that they were passed under the influence of feelings, in no degree hostile to the rights of the State of Connecticut, or to a culpable disregard of the interests of the citizens of other States. It is well known that the utility of the application of Steam, to the navigation of Boats & vessels was first practically demonstrated, bya citizen of New York,6 & that the first successful experiments were attended with great advances of capital & immense hazards, which could not then be estimated. The grants ought therefore to be regarded as munificent rewards, emanating from spontaneous gratitude to the inventor, for the most useful discovery in regard to navigation, which has appeared in modern times. If the history of contemporaneous events renders most probable, the grants were made in strict coincidence with honorable sentiments, which were supported by public opinion throughout our Country, it is not perceived how an obligation can be created on the State of New York, to revoke them, by its express Acts, especially as an equivalent effect may be produced, by the decision of an impartial tribunal, instituted, by mutual consent, for the redress of wrongs, which ought to be presumed to be involuntary. Perhaps all that honor or justice requires in such a case, is that the State should submit to the decision of the constitutional umpire which has been established— Should these Acts be deemed invalid, as contravening the provisions of our national Constitution, the next enquiry in order is, are the provisions of the Bill

6. Robert Fulton. 334 PUBLIC RECORDS May,

under consideration, which are retaliatory in their nature, as well as in their effects constitutional?—Or are they open to the same objections as the acts to which they have referenced?—Has the Legislature of Connecticut, a constitutional right to enact the laws, which has been presented for my signature?— A correct answer to these questions, is to be found, by comparing the Bill, with the Constitution & laws of the United States, in connexion with the object of its enactment. The first section provides that no person (whether he be a citizen of this, or any other State, or of a foreign country) claiming a right under the Acts of the State of New York, shall navigate or bring within our waters or jurisdiction, any boat or vessel moved by steam:—the second section imposes a penalty upon such person, who by means of such boat or vessel shall convey away, bring into, or land any passenger or passengers within the jurisdiction of this State:—And the same penalty is imposed upon any person, who shall convey to, or take from any such boat or vessel, any passenger or passengers:—The third section specifies what boats or vessels shall be adjudged within the meaning of this Act:—The fourth section appropriates the penalties when recovered, authorizes the attachment of the boat or vessel, & holding the same for security, & eventually as the case may be, making sale of it on execution. The fifth section points out the manner in which the operation of the Act may be suspended.— In my opinion, the unconstitutionality of this Bill, is apparent, when compared with the provisions of the Constitution of the United States. It prohibits the use of our waters to all persons navigating vessels propelled by steam, under a licence from the grantees named in the Acts of the State of New York:— And if these acts are invalid, because they exclude us from the free navigation of the waters of Long Island Sound, and the East River, this Bill, which excludes them from the waters within our jurisdiction, must be equally invalid, unless the object of its enactment renders it legal;—that is to say, unless we have a right to deprive all the citizens of this Country, including our own, of using a licence under the grantees in New York, within our waters, because that State has deprived the same citizens, (with the exception of the grantees and their assigns) of using their waters, without such licence. The observations before made, regarding the Acts of the State of New York, apply with great force to this Bill, unless the circumstances & motives, which have caused its enactment, do not make that legal, which would otherwise be unconstitutional. And to the question, whether this effect is produced by these causes, I must now request the attention of the General Assembly. The law of retaliation is founded in necessity. It exists, because there is, when it may properly be exercised no other mode of obtaining a restitution of rights, or a redress of injuries. It is “used” (says Vattel) “between nation and nation, to do justice to themselves, when they cannot otherwise obtain 1822 OF CONNECTICUT 335

it”7—And it is justifiable only in such an emergency. Hence it follows, that whenever one sovereign State has been guilty of an infraction of the rights of another, redress is to be had, according to the principles of the law of Nations, by enforcing the law of retaliation or the law of reprisal, only when that redress cannot otherwise be obtained: —And hence also the most approved writers on national law, have inculcated the doctrine, that when sovereigns have mutually agreed to submit their disputes to the decision of arbitrators, a resort to force, by either party, to terminate them, is unjustifiable. If this be true of sovereign States, possessing absolute & unqualified independence, the rule applies with greater force, to disputes between the several States in this Country. The people of the United States, are one people, united by a solemn contract, & from their will, all the powers of government proceed. They have apportioned all political power, to general & local jurisdictions, & have erected a general tribunal, a common arbitor, for the express purpose of deciding “controversies between two or more States; between a State & citizens of other States, & between citizens of different States”.8 According to our system, it is no more competent for a State, than for private individuals, to retaliate the injuries which they occasionally receive, or to measure out the degree of reparation, to which they deem themselves entitled. Every State has parted with that attribute of sovereignty, which confers the right of passing legislative Acts, which inflict similar penalties & forfeitures, with the unconstitutional acts of a Sister State. The latter are to be treated as void;—and each State & its citizens are left to pursue their legal remedies before that tribunal, which has been created by the common consent of all, for the purpose of affording them. The increasing intercourse between the States, renders it probable, that cases of this nature, will frequently & involuntarily occur. The analogy between individuals in any one State; and the States themselves, is exceedingly forcible. If a person has been deprived of his property by the unlawful act of another, it gives no licence to the former to take away the property of the latter. The Courts of law are open for his redress. A Town, like an individual, must refer its disputes with other similar corporations, to the ordinary courts of justice, and cannot, because its rights are invaded, as by prohibiting intercourse with it, resort to a similar prohibition, with a view to is protection. On precisely the same principle, if any State should enact a law, depriving our citizens of their just rights, it would not confer on us, the power of passing a similar law, to operate upon their citizens. If our citizens are unlawfully excluded from the waters of the State of New York, by the operation of their Acts, it creates no right in us, to deprive their citizens, of the use of our waters;—much less does it enable us lawfully to exclude all mankind from our

7. Emmerich de Vattel, The Law of Nations, or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns (New edition: London, 1797), p. 283. 8. United States Constitution, Article III, Section 2. 336 PUBLIC RECORDS May,

waters, because they are disposed to acquiesce in the legality of those legislative acts. A contrary doctrine would, in my judgment, lead to consequences fatal to the peace of our Union. It would take from the national Judiciary, the power of deciding those controversies which it was created to settle: and would substitute the law of force, for the law of the land. It would embroil the different States in unceasing quarrels:—It would end in the dissolution of the Republic. There is a manifest difference between the right of a State to guard agst. the effects of an unconstitutional law, by suitable & legal provisions, and a right to enact a law founded on similar principles, and containing similar provisions. If the State of New York should make any thing but gold & silver coin, a legal tender in payment of debts, the State of Connecticut might lawfully prohibit its circulation here;—but it could not enact a law making a like thing a legal tender:—If war should be declared agst. this State by the State of New York, we might use all the means within our power, by way of defence, but we could not lawfully make the same declaration. In strict analogy to these cases, is the one under consideration. If the State of New York prohibit the use of their waters, to the inhabitants of this State, whether in vessels moved by steam, by oars, or by sails, we can have no right to make the same prohibition to their inhabitants:—for that would be to enact a law similar to the one of which we complain. The effects of an unconstitutional law may be obviated, by a refusal to act in enforcing it; but if the law be such, that its effects must continue, unless counteracted by another law, producing the like effects, in such case, both laws are unconstitutional, & can or ought to have no legal operation. Of this nature, are the acts of the State of New York, & in my opinion, the present Bill. The effects of the former are, to exclude the citizens of Connecticut, from the navigation of their waters;—the effects of the latter are to exclude their citizens from the navigation of our waters, provided they claim a right under the former;—and it cannot be contended, that any difference is created between the two laws, in consequence of navigating with a licence, or without one. The result is, that if the Bill now under consideration, is within our legitimate power to enact, it has for its basis, the principle, that when no other means can be devised, to avoid the injurious consequences resulting to our citizens, from an unconstitutional law of another State, it is lawful for us to enact a law, which will produce the same injurious consequences to their citizens. It is submitted to the General Assembly, whether such a principle ought to receive their sanction— I am aware that apprehensions are entertained, that great delays will take place, & great embarrassments be thrown in the way of a speedy decision of the rights of the citizens of the two States, growing out of the legislative Acts referred to. And I am not prepared to say that there is no ground for these apprehensions—To multiply the causes, has no tendency to cure the evils of 1822 OF CONNECTICUT 337

protracted litigation. But I cannot believe that our national Constitution is so defective, that the questions cannot be fairly & speedily presented, or that the enlightened tribunal created to decide them, either has refused, or would refuse or delay a decision, upon a case regularly presented for their adjudication—So long as that Constitution and that tribunal are supported and preserved, we have nothing to fear from the encroachments of our Sister States. It is only when we substitute our own laws, for the supreme law, and our own penalties and forfeitures, for the regular process of the Supreme Court, that great dangers are to be apprehended. The Constitution of the United States and the national Judiciary are the great palladium of the rights of all the States, and peculiarly so of the small States. I cannot but consider the passage of this Bill, as furnishing a precedent, for the opulent & powerful States of our confederacy, (should they feel disposed) to take from our common tribunal, the power of deciding all controversies in which they may be parties;—and for substituting force, for law; physical strength, for right and justice. But if I could be persuaded that the Bill was constitutional, I should still be of opinion, that it is inexpedient to enact it. Steam Vessels have been so extensively established, & the accommodations which they afford, are so generally known & acknowledged, that they cannot be suppressed without violence to public sentiment and habits. They have greatly increased the intercourse between the people of all the States. That between the Southern & Eastern States, must be prosecuted thro’ the Sound, or upon the lower mail Road; even a short interruption would produce so much inconvenience, that I fear it would be felt as an odious and inhospitable interdiction of a common right of the people, injurious to the public character of the State. Roads and other accommodations for the use of travelers, have been established & property invested by our own citizens, which would be greatly depreciated in value. A forced direction of the public intercourse might be created in favor of the owners of Stages and Pack- ets, who would then enjoy a monopoly more burdensome to the people, than that which it is proposed to abolish. The monopoly of the State of New York, is principally injurious, by preventing future improvements in Steam Vessels, while the injuries it inflicts, in respect to Stages, and Packets, arise only from the superior value of the invention. A populous and colonizing community must ever have a great proportion of its property, beyond its local jurisdiction. This is the actual condition of the State of Connecticut, and it ought to dissuade us from commencing a retaliatory system of measures. Tho’ I feel most strongly the correctness and purity of the motives which have induced the General Assembly to pass the Bill under consideration; tho’ I have endeavoured to believe it consistent with my official duty to lend my aid in giving effect to these motives; tho’ I entertain the highest respect for the opinions of those who have given their sanction to this Bill, yet upon the most 338 PUBLIC RECORDS

mature deliberation, I feel satisfied that it ought not to become a law. My reasons are before you. I know the General Assembly will do me the justice to believe, that I have acted with an earnest desire, impartially to discharge the duty devolved upon me;—And that in deliberating upon the Bill, which is referred again to their consideration, they will attach such weight to the observations which I have made, as they justly deserve— Oliver Wolcott Executive Department May session 1822 BIBLIOGRAPHIC NOTES

The following is a list of abbreviations and short titles for sources utilized frequently during the current phase of the Public Records project. Most of these sources have multiple citations in the current volume. Other items include newspapers that are surveyed for each volume, standard biographical sources, and scholarly studies that are of continuing importance for Connecti- cut’s history during Oliver Wolcott’s governorship. Two published guides to the bibliographic literature of Connecticut will lead the researcher to additional sources:

Collier, Christopher and Bonnie B. Collier. The Literature of Connecticut History. Connecticut Scholar: Occasional Papers of the Connecticut Humani- ties Council., No. 6. Middletown, Conn., 1983. Parks, Roger, ed. Connecticut, A Bibliography of its History. Bibliographies of New England History, VI. Hanover, New Hampshire, 1986.

In addition, researchers should consult the bibliographic resources on the Connecticut Heritage Gateway website, located at the time of this publication at http://www.ctheritage.org/biography/bibliography.htm.

Ames, Proposed Amendments Ames, Herman V. The Proposed Amendments to the Constitution of the United States . . . Annual Report of the American Historical Association for the Year 1896, II. Washington, D.C., 1897. ANB American National Biography. 24 vols. New York and Oxford, 1999. Ar- ranged alphabetically by subject. Archives Connecticut Archives. Manuscripts. Record Group 2. Connecticut State Library. Arnold and Collier, “Eleven Fundamental Documents” Arnold, Douglas M. and Collier, Christopher, “Eleven Fundamental Docu- ments in Connecticut History,” Connecticut History, 49 (2010), 228–40. Barber, Connecticut Historical Collections Barber, John Warner. Connecticut Historical Collections, Containing a General Collection of Interesting Facts, Traditions, Biographical Sketch- es, Anecdotes &c. Relating to the History and Antiquities of Every Town in Connecticut, with Geographical Descriptions. 2nd ed., New Haven, [1836]. 340 BIBLIOGRAPHIC NOTES

Biographical Directory of Congress Biographical Directory of the United States Congress, 1774–2005. House Document No. 108-222. Washington, D.C., 2005. Arranged alphabetically. Bowen, Boundary Disputes Bowen, Clarence W. The Boundary Disputes of Connecticut. Boston, 1882. Brownsword, “Political Patterns” Brownsword, Alan William. “Connecticut Political Patterns, 1817–1828.” Ph.D. dissertation, University of Wisconsin, 1962. Capen, Poor Law Capen, Edward W. The Historical Development of the Poor Law of Con- necticut. Columbia University Studies in History, Economics and Public Law; New York, 1905. Clark, History of Connecticut Clark, George L. A History of Connecticut: Its People and Institutions. NewYork, 1914. Collier, Connecticut’s Public Schools Collier, Christopher. Connecticut’s Public Schools: A History, 1650–2000. Orange, Connecticut, 2009. Controller’s Reports. Controller’s Reports. Manuscripts, Record Group 8. Connecticut State Library. Courant Connecticut Courant. Newspaper. Hartford. C.R. The Public Records of the Colony of Connecticut. J. Hammond Trumbull and Charles J. Hoadly, eds. Hartford, 1850–1890. CSL Connecticut State Library. Hartford. Cunningham, Presidency of Monroe Cunningham, Noble E., Jr. The Presidency of James Monroe. Lawrence, Kansas, 1996. DAB Dictionary of American Biography. Original Series, 20 vols. New York, 1928–1937. Arranged alphabetically by subject. Dangerfield, American Nationalism Dangerfield, George. The Awakening of American Nationalism, 1815– 1828. Paperback ed., New York, Evanston, and London, 1965. Davis, New England States Davis, William T., ed. The New England States. 4 vols. Boston, 1897. DeLuca, Post Roads & Iron Horses DeLuca, Richard. Post Roads & Iron Horses: Transportation in Connecti- cut from Colonial Times to the Age of Steam. Middletown, Conn., 2011. BIBLIOGRAPHIC NOTES 341

Dexter, Yale Biographies Dexter, Franklin B. Biographical Sketches of the Graduates of Yale Col- lege. 6 vols. New York, 1885–1912. Encyclopedia of Connecticut Biography Encyclopedia of Connecticut Biography. Boston, New York, and Chicago, 1917. Engerman and Gallman, eds., Economic History of the United States, II Engerman, Stanley L. and Robert E. Gallman. The Cambridge Economic History of the United States, II, The Long Nineteenth Century. Cambridge, U.K., 2000. Frohnen, The American Republic Frohnen, Bruce, ed. The American Republic: Primary Sources. Indianapo- lis, 2002. Gates, Farmer’s Age Gates, Paul W. The Farmer’s Age, 1815–1860. The Economic History of the United States, III. Orig ed. 1960; paperback ed., White Plains, New York, n.d. General Assembly Papers General Assembly Papers. Manuscripts. Record Group 2. Connecticut State Library. Governor’s Correspondence, Incoming Letters Governor’s Correspondence, Incoming Letters. Manuscripts. Record Group 5. Connecticut State Library. Grossberg and Tomlins, eds., History of Law in America, II Grossberg, Michael, and Christopher Tomlins, eds. The Cambridge History of Law in America, II, The Long Nineteenth Century (1789–1920). Cam- bridge and New York, 2008. Hamilton, “Oliver Wolcott” Hamilton, Neil Alexander. “Connecticut Order, Mercantilist Economics: The Life of Oliver Wolcott, Jr.” Ph.D. dissertation, University of Tennes- see, 1988. Harte, “Connecticut’s Canals” Harte, Charles Rufus. “Connecticut’s Canals.” Annual Report of the Con- necticut Society of Civil Engineers. New Haven, 1938, pp. 118–79. Herald Connecticut Herald. Newspaper. New Haven. Horton, Connecticut Supreme Court Horton, Wesley W. The History of the Connecticut Supreme Court. [N.p.], 2008. Howe, What Hath God Wrought Howe, Daniel Walker. What Hath God Wrought: The Transformation of America, 1815–1848. Oxford and New York, 2007. 342 BIBLIOGRAPHIC NOTES

House Journal Journal of the Connecticut House of Representatives. Manuscripts. Record Group 2. Connecticut State Library. Johnson, Gibbons v. Ogden Johnson, Herbert A. Gibbons v. Ogden: John Marshall, Steamboats, and the Commerce Clause. Lawrence, Kan., 2010. Johnson, Early American Republic Johnson, Paul E. The Early American Republic, 1789–1829. New York and Oxford, 2007. Keller, Second Great Awakening Keller, Charles Roy. The Second Great Awakening in Connecticut. New Haven, 1942; reprint, Hamden, Conn., 1968. Larned, Windham County Larned, Ellen D. History of Windham County, Connecticut. 2 vols. Worces- ter, Mass., 1874–80. Larson, Market Revolution Larson, John L. The Market Revolution in America: Liberty, Ambition, and the Eclipse of the Common Good. Cambridge and New York, 2010. Loomis and Calhoun, Judicial and Civil History Loomis, Dwight, and J. Gilbert Calhoun, eds. The Judicial and Civil His- tory of Connecticut. Boston, 1895. Mandell, Tribe, Race, History Mandell, Daniel R. Tribe, Race, History: Native Americans in Southern New England, 1780-1880. Baltimore, 2008. Mercury American Mercury. Newspaper. Hartford. Mirror Connecticut Mirror. Newspaper. Hartford. Morse, Neglected Period Morse, Jarvis Means. A Neglected Period of Connecticut’s History, 1818– 1850. New Haven, 1933; reprint, New York, 1978. Nettels, Emergence of a National Economy Nettels, Curtis P. The Emergence of a National Economy, 1775–1815. The Economic History of the United States, II. Orig. ed., 1962; paperback ed., New York, 1969. Niles’ Register Niles’ Weekly Register. Periodical. Baltimore, Md. Osborn, History of Connecticut Osborn, Norris Galpin, ed. History of Connecticut in Monographic Form. 5 vols. New York, 1925. BIBLIOGRAPHIC NOTES 343

Pease and Niles, Gazetteer Pease, John C. and John M. Niles. A Gazetteer of the States of Connecticut and Rhode–Island . . .. Hartford, 1819; reprint, Bowie, Md., 1991. Purcell, Connecticut in Transition Purcell, Richard J. Connecticut in Transition: 1775–1818. Original ed., New Haven, 1918; republished, Middletown, Conn., 1963. Register Columbian Register. Newspaper. New Haven. Rejected Bills Rejected Bills. Manuscripts. Record Group 2. Connecticut State Library. Remini and Golway, eds., Fellow Citzens: Presidential Addresses Remini, Robert V. and Terry Golway, eds. Fellow Citizens: The Penguin Book of U.S. Presidential Addresses. New York, 2008. Rockman, Welfare Reform Rockman, Seth. Welfare Reform in the Early Republic: A Brief History with Documents. Boston and New York, 2003. Rothbard, Panic of 1819. Rothbard, Murray N. The Panic of 1819: Reactions and Policies. Original ed., 1962; reprint, Auburn, Al., 2007. School Fund Commissioner’s Reports School Fund Commissioner’s Reports, Records of the Office of the Trea- surer. Manuscripts. Record Group 7. Connecticut State Library. Senate Journal. Journal of the Connecticut State Senate. Manuscripts. Record Group 2. Connecticut State Library. Shaw, Canals for a Nation Shaw, Ronald E. Canals for a Nation: The Canal Era in the United States, 1790–1860. Lexington, Ky., 1990. Sobel and Raimo, Governors of the United States Sobel, Robert, and John Raimo, eds. Biographical Directory of the Gover- nors of the United States, 1789-1978, Vol. I. Westport, Conn., 1978. S.R. The Public Records of the State of Connecticut. Charles J. Hoadly, Leonard W. Labaree, Catherine Fennelly, Albert L. Van Dusen, Wilda Van Dusen, Christopher Collier, Bonnie Bromberger, Dorothy Ann Lipson, Douglas M. Arnold, Doris Sherrow, Bruce Clouette, Jennifer Serventi, and Kathy A. Toavs, eds. 19 vols. to date. Hartford, 1894–date. S.R. Ms. The Public Records of the State of Connecticut. Manuscripts. Record Group 1. Connecticut State Library. Used for annotation of legislative actions post-1822. 344 BIBLIOGRAPHIC NOTES

Stat. Conn., 1808 The Public Statute Laws of the State of Connecticut. Book I. Hartford, 1808. Stat. Conn., 1821 The Public Statute Laws of the State of Connecticut. Hartford, 1821. Stat. Conn., May 1822 The Public Statute Laws of the State of Connecticut, May Session, 1822. Hartford, [1822]. Swift, Digest of the Laws Swift, Zephaniah. A Digest of the Laws of the State of Connecticut, in Two Volumes. New Haven, 1822–23. Swift, System of the Laws Swift, Zephaniah. A System of the Laws of the State of Connecticut. 2 Vols., Windham, Conn, 1795–96; reprint, New York, 1972. Taylor, Transportation Revolution Taylor, George Rogers. The Transportation Revolution, 1815–1860. The Economic History of the United States, IV. Orig. ed. 1951; paperback ed., New York, Evanston, and London, 1968. Times The Times. Newspaper. Hartford. U.S. Statutes at Large Peters, Richard, ed. The Public Statutes at Large of the United States of America . . . Vols. I–III. Boston, 1845. Van Dusen, Connecticut Van Dusen, Albert E. Connecticut. New York, 1961. Walradt, Financial History Walradt, Henry F. The Financial History of Connecticut from 1789 to 1861. Transactions of the Connecticut Academy of Arts and Sciences, Vol. 17. New Haven, 1912. Wilentz, American Democracy Wilentz, Sean. The Rise of American Democracy: Jefferson to Lincoln. New York and London, 2005. Wood, Turnpikes Wood, Frederic J. The Turnpikes of New England and Evolution of the Same through England, Virginia, and Maryland. Boston, 1919. INDEX

Abbreviations accts. accounts H.R. House of Representatives apptd. appointed inc. incorporated, incorporating biog. biography j.p. justice of the peace capt. captain lt. lieutenant cmdt. commandant maj. major co. company nom. nominated, nomination col. colonel pet. petition, petitioner comt. committee prop. property contd. continued rep. representative eccl. ecclesiastical soc. society ens. ensign tpk. turnpike gen. general 2BUS Second Bank of the U.S. gov. governor

A 191, 191n; highways and bridges, Abbott, John: ens., 40; lt., 171 192, 192n; inspection of provisions, Abbott, Joseph: rep. Ellington, 5 xx, xxv, 181–89, 181–82n; limited Abbott, Warren W.: ens., 158 partnerships, xxxviii–xxxix, 179–81, Abel, Azor: cornet, 43 179n; literature and religion, xlii, 55, Abel, Charles: j.p., 17, 149 55n; militia, xxii, xxiii–xxiv, 52, 52n; Abel, Ira: j.p., 15, 147 Newgate Prison, 115, 115n, 198, 198n; Abernethy, Andrew: j.p., 17, 150 oaths, xxv, 194–95; poor relief, xli, Abernethy, Russell C.: j.p., 18, 150 213n; salaries and fees, 213n; sign- Acts: banks, xxxv, xxxix, l, 54, 54n, 73– posts, 193, 193n; state attorneys, xviii, 74, 74n, 202–5, 202n, 206–9, 206n, 50, 50n, 68n; state secretary, xxv, 213, 214, 214n; Baptist Trustees, xlii, 55, 213n; statutes, xix, 59–60, 59n; steam 55n; boroughs, 200, 200n; Canada navigation, xv, xxvi–xxix, xxviii(n), thistle, xxxix, 52–53, 52n; cities, 53, 210–11, 210n; taverns, 213n; taxation, 53n, 199, 199n; civil actions, xxv, xxxiii, 56, 56n, 212, 212n; usury, xl; 50–51, 50n, 194, 194n; Conn. statutes, Yale College and Medical Institution, xviii–xi, xviii–xxi, xix, 59–60, 59n, xlv, 196–98, 196n, 197n 66n, 213, 213n; courts, xviii, xxv, 48– Adams, Andrew: j.p., 14; rep. Waterbury, 49, 48n, 57, 57n, 191–92, 191n, 195– 137; vote in H.R., 327 96, 195n, 200, 200n, 201, 201n; crimes Adams, Elisha: j.p., 149 and punishments, 193–94, 193n, 213n; Adams, Ezra, Jr.: col., 20 duties, xviii, xxxix, 51, 51n, 58, 58n; Adams, Gift W.: capt., 166 election of U.S. senators and repre- Adams, Isaac: lt., 29 sentatives, xxv, 189, 189n; estates, Adams, John: lt., 40 xxv, 190–91, 190n; ferries, l, 192–93, Adams, John Quincy: on fiscal retrench- 192n; fire prevention, 199, 199n; fish- ment, xiv eries, 196, 196n; frauds and perjuries, Adams, Joseph: j.p., 16, 149 302, 303n; guardians and minors, xxv, Adams, Joshua, Jr.: j.p., 16, 148 346 INDEX TO VOLUME XXI

Adams, Matthew: rep. Winchester, 4, 138 American Colonization Society: in Conn., Adams, Origen: lt., 34 xlvi Adams, Richard: to form seminary, 84 American Journal of Science and Arts: at Adams, William: j.p., 15, 147 Yale College, xlv, 311, 311n Adjutant General (Militia): appointment American Mercury (Hartford): on 1821 of, xxiii election, xvii, 2n; on 1822 election, African Americans. See Racial Minori- xxiv, 136n; coverage of legislative ties, Slavery. proceedings, iv; in partisan politics, iv, Agricultural societies: benefits of, xvi; on statute revision, xx xxxviii(n), 119 American Revolution: mentioned, xxiii, Agriculture: economic conditions in, xiii, xlviii, 62n, 63, 115, 117, 126, 223 xxix, xxxvii, xxxix, 65, 109n, 112, American Society for Meliorating the 116, 118, 119, 202n, 230n, 301; O. Condition of the Jews: in Conn., xlviii Wolcott on, xviii, xxxi, xxxiii, xlix, Amidon, Henry: ens., 24 297, 299, 300, 301, 312 Anderson, Daniel: j.p., 147; rep. Lyme, 3 Albany, N.Y.: flax dressing in, 218n; men- Andrews, Benajah: j.p., 14, 146 tioned, 323; newspaper to print notice, Andrews, Cornelius B.: j.p., 12 77; tpk. to, 89n Andrews, Eden: rep. Danbury, 3 Albray, John: capt., 39 Andrews, Ira: col., 20 Alcoholism: treatment of, 240n Andrews, John L.: col., 153 Alden, Elijah: j.p., 19 Andrews, Oliver: capt., 32 Alexander, Asa: capt., 162; lt., 30 Andrus, Elisha, Jr.: lt., 47 Alexander, James: j.p., 17, 149 Animal husbandry: O. Wolcott on, 119 Alford, Julius: 2d lt., 173; 1st lt., 173 Annable, Jehiel: capt., 168 Alfred the Great: reign of, 126, 126n Antislavery: in northern states, xi Aliens: to hold, sell prop., li, 95–97, 277– Antislavery. See Slavery. 81; and poor relief, xli Arnold, Dan H.: to form manufacturing Allan, Grant: guardian to sell minors’ co., 269–70 prop., 280–81 Arnold, Jared: j.p., 19 Allen, Amos D.: j.p., 17, 149 Arnold, Samuel: j.p., 19, 151 Allen, Asher: j.p., 13, 145 Artillerist, The (P. Darrow,1821): and mi- Allen, Benjamin: j.p., 12, 145 litia training, 218, 218n Allen, Christopher: ens., 31; lt., 163 Artillery: arms and ammunition for, 73, Allen, James: ens., 31, 156 73n; maj. and inspector apptd., 47; Allen, Matthew: ens., 170 training of, xxiii, 73n, 113. See also Allen, Samuel: j.p., 17 Militia, Military; Horse Artillery; Allen, Stephen B.: brig. gen., 20 Light Artillery. Allyn, Henry: 2d lt., 178 Artisans. See Mechanics. Alsop, John: probate judge, 143 Ashes: inspection of, 181, 186 Alvord, Morris: lt., 157 Ashford, town of: boundary of, 230, 231; Ambler, David: ens., 32 mileage to legislative sessions, 71; Ambler, Joel: lt., 32 rep., 4, 137; and slave emancipation, Ambler, Stephen: prop. is boundary, 234 100, 100n American Asylum for the Deaf and Dumb Atkins, Rollin: lt., 164 (Hartford): promoters of, xlvii; property of, xlvii(n) INDEX TO VOLUME XXI 347

Attachments: legislators protected from, Bacon, Daniel: capt., 173 317; O. Wolcott on, xxv, xxxiv, xl; Badger, Daniel W.: j.p., 152 299–301, 307 Badger, Edmund: in H.R. proceedings Atwater, Lyman: payment for military and debates, 68n, 315, 316; j.p., 17; service, 98 rep. Windham, 4, 138; vote in H.R., Atwell, Jesse: j.p., 151 210n, 327 Atwood, Charles: 1st lt., 175 Bailey, Alsey: 1st lt., 178 Auctions: duties on, xxxix, 58, 58n Bailey, Asahel P.: capt., 28 Augur, James: 2d lt., 155; 3d lt., 23; 4th Bailey, George R.: lt., 27 lt., 23 Bailey, Gordon (Gurdon): 2d lt., 41; 1st Augur, John: j.p., 16, 148 lt., 172 Austin, Alfred: lt., 34 Bailey, Henry: 4th lt., 175 Avery, ------: horse thief, 281 Bailey, James: capt., 35 Avery, Amos 2d: rep. Preston, 137 Bailey, Morris: capt., 159 Avery, Caleb: j.p., 15, 147 Bailiffs: proposed militia exemption for, Avery, Charles: j.p., 15, 147; rep. Water- 105n ford, 137; vote in H.R., 327 Baker, Ebenezer: ens., 25 Avery, David: j.p., 17, 149 Bald Hill: as boundary, 228 Avery, Ebenezer: j.p., 15 Baldwin, Abraham D.: rep. Fairfield, 3, Avery, Ebenezer, Jr.: j.p., 147 137; vote in H.R., 327 Avery, Elisha: j.p., 147 Baldwin, Anson: ens., 29; lt., 162 Avery, Gardner: j.p., 14, 147 Baldwin, Augustus: j.p., 14, 146 Avery, Griswold: j.p., 15, 147 Baldwin, David: 4th lt., 175 Avery, Park: capt., 36 Baldwin, David R.: lt. col., 22 Avery, Robert S.: j.p., 15, 147 Baldwin, John: j.p., 17, 149; probate Avery, Stephen: j.p., 15, 147; pet. for pro- judge, 10, 143 bate district, 295 Baldwin, Jonathan: lt., 162 Ayer, (Ayres), Elisha: j.p., 15, 147 Baldwin, Newton: 2d lt., 42 Ayre, John: rep. Saybrook, 5 Baldwin, Philo: capt., 165 Baldwin, Phineas: ens., 31 B Baldwin, Simeon: canal commissioner, Babcock, Charles: and partisan politics, 251 xvi Baltic Sea: mentioned, 117 Babcock, Elisha: and partisan politics, xvi Bank of the United States, Second: con- Babcock, Samuel: ens., 26 stitutional status of, xviii, xxxvi(n); Babcock, Thomas: j.p., 17, 149 notes of, 203; in Ohio, xxxvi–xxxvii, Babcock, Timothy: in H.R. proceedings 64–65, 64n, 121–32, 121n, 131n; and and debates, 206n, 321; rep. Cole- Panic of 1819, xxxiv; powers of, 308 brook, 138; vote in H.R., 327 Bankruptcy: of limited partnerships, 180; Backus, Eber: j.p., 147 O. Wolcott on, xxv, xl, 117–18, 118n, Bacon, Asa: j.p., 17, 150 304–5 Bacon, Asahel: j.p., 16, 149; rep. Canter- Banks (General): acts on, xxxv, xxxix, bury, 4 l, 59n, 73, 74n, 214, 214n; bills and Bacon, Daniel: in H.R. proceedings and notes of, xxxiv–xxxv, xxxv(n), 203, debates, 320–21; rep. Woodbury, 4, 214, 214n, 306, 308; commissioners 138; vote in H.R., 327 of, 75, 75n; debts of, xxxv, 74, 215; di- 348 INDEX TO VOLUME XXI

rectors of, xxxv; and economic devel- Barnum, Samuel T.: j.p., 15, 148; rep. opment, xiii, xxxv; and limited part- New Fairfield, 3 nerships, xxxviii, 179; O. Wolcott on, Barrett, Selah: prop. is boundary, 237 xii, xxv, xxxiv–xxxv, 117, 300, 305–9; Barstow, Jedidiah: j.p., 15, 147 and Panic of 1819, xxxiv; statements Bartholemew, Timothy, Jr.: 3d lt., 42 from, 73–74, 74n, 214, 214n; stock of, Bartlett (Bartlet), Jonathan: j.p., 13, 145 54, 61, 74, 215; termination of char- Bartlett, Nathan: capt., 36; j.p., 19, 152 ters, xli; women and, xlviii Bass, Henry: rep. Colebrook, 4 Banks (Specific): acts on, xxxix; Eagle Bassett, George: lt., 28 Bank, 101; Hartford Bank, 75, 142; Bassett, Jacob: j.p., 14, 146 Middletown Bank, 75, 142; New Ha- Bassett, Jared: j.p., 14, 146 ven Bank, 75, 142; Society for Sav- Bassett, Philo: j.p., 14, 146 ings, 54, 54n; Stonington Bank, xxxv, Basto, Otis: ens., 162 206–9, 206n; Windham County Bank, Bates, Guernsey: j.p., 19 xxxv, 202–5, 202n Bates, Henry: j.p., 148; rep. Darien, 137; Banks, Elbert: lt., 25 vote in H.R., 327 Banks, Elijah: ens., 157 Bates, John: prop. of, 228 Banks, Eliphalet: capt., 157; ens., 157 Battell, Joseph: j.p., 18, 150 Baptist Trustees: act on, xlii, 55, 55n; pay- Battell, William: j.p., 18, 150 ment to, xxxi Beach, Burrage: j.p., 14, 146 Baptists: and Sabbath, xliii Beach, Elihu: j.p., 16, 148 Barber, Asahel N.: capt., 33 Beach, Horace: pursues horse thief, 281 Barber, Calvin: j.p., 13, 145 Beach, Julius: j.p., 17, 150 Barber, Dorrance: lt., 169 Beard, Andrew, Jr.: lt. col., 20 Barber, Horace: j.p., 13, 145 Beardslee, Nathan: 2d lt., 174 Barber, Joseph: ens., 156 Beardsley, Birdsey: j.p., 150 Barber, Noyes: bank commissioner, 206n, Beardsley, Clark: to form canal co., 253 207; biog., 9n; j.p., 15, 147; U.S. rep., 9 Beardsley, Cyrus H.: j.p., 148 Barker, James: j.p., 14, 146 Beardsley, Ebenezer: j.p., 15, 149 Barker, John: j.p., 146 Beardsley, Israel A.: j.p., 15, 148 Barkhamsted (Barkhemsted, Barkhemp- Beardsley, James: j.p., 16, 148 sted), town of: mileage to legislative Beardsley, James, Jr.: j.p., 16, 148 sessions, 71; rep., 4, 138 Beardsley, Lewis: ens., 165 Barlow, Daniel: rep. Reading, 3 Beardsley (Beardslee), Samuel: rep. Hun- Barnard, John: prop. is boundary, 81 tington, 137; vote in H.R., 327 Barnes, James: j.p., 14, 146 Beardsley, Stephen: j.p., 16, 148 Barnes, James F.: 3d lt., 177 Bearss, Joseph, Jr.: fees as tax collector, Barnes, Jonathan: j.p., 19, 152 98–99 Barnes, Joshua: j.p., 14, 146 Beaumont, Joseph: alien to hold prop., Barnes, Joshua, Jr.: cornet, 23; 2d lt., 155 277–78; to form manufacturing co., Barnham, Stephen S.: cornet, 172 264–65 Barnplain Bridge (Danbury): as bound- Beckley, Luther: j.p., 12, 145; rep. Berlin, ary, 234 136; vote in H.R., 327 Barns, Merit W.: ens., 163 Beebe, Asel: lt., 165 Barnum, Noah S.: 2d lt., 176; 1st lt., 176 Beebe, James: j.p., 18, 150 Beebe, Stuart (Stewart): j.p., 19, 152 INDEX TO VOLUME XXI 349

Beecher, Amos: j.p., 17, 150 Betts, William M.: j.p., 16, 148; probate Beers, Jacob: j.p., 148 judge, 11, 144 Beers, Seth P.: biog., 5n; clerk, H.R., Bidwell, Solomon: rep. Coventry, 139; 5n; in H.R. proceedings and debates, vote in H.R., 327 xx(n); j.p., 5n, 17, 150; rep. Litchfield, Bidwell, Zebulon: rep. East Hartford, 4, 138; speaker, H.R., 139, 139n; votes 136; vote in H.R., 327 for, 5n, 139n Bigelow, Guy: col., 20 Belcher, Samuel: capt., 40 Bigelow, John: j.p., 14, 147 Belden, Ezekial P.: j.p., 13, 145 Bigelow, John: lt., 37 Belden, Henry: j.p., 16, 148 Bigelow, Jonathan: cornet, 175 Belden, James, Jr.: School Fund debtor, 99 Billings, Coddington: j.p., 15, 147 Belden, James L.: j.p., 145 Billings, Luke: prop. is boundary, 278 Belden, Joseph: capt., 40 Billings, Solomon, Jr.: 2d lt., 172 Belden, Thomas: ens., 26 Billings, Stephen: col., 153 Bell, Holly: col., 153 Bills and notes (General): actions on, 51, Bell, Thaddeus: j.p., 16, 148; rep. Darien, 3 194; of banks, xxxiv–xxxv, xxxv(n), Bellamy, Joseph H.: rep. Bethlehem, 4 203, 214, 214n, 306, 308 Beman, Erastus: capt., 169; lt., 38 Bingham, Elijah A.: capt., 37 Benedict, Asa: lt. col., 153 Birdsey, Nathan G.: rep. Huntington, 3 Benedict, Clark: capt., 40 Birge, James: j.p., 18, 150 Benedict, Gamaliel N.: capt., 171; ens., Bishop, Justus: j.p., 14, 146 40; lt., 40 Bishop, Lent: j.p., 14, 146 Benedict, Noah: j.p., 18 Bishop’s Fund (Episcopal): grant of lot- Benedict, Timothy A.: capt., 165 tery to, xli Benham, Ethelbert: prop. is boundary, Bissell, ------: prop. of, 220, 221 290 Bissell, Abel: rep. Hebron, 139; vote in Benham, Jared: j.p., 14 H.R., 327 Benjamin, Daniel: j.p., 13, 145 Bissell, Anson: lt., 156 Benjamin, John E.: j.p., 13, 145 Bissell, Clark: j.p., 16, 148 Benjamin’s Bridge (Stratford): as bound- Bissell, Fitch L.: ens., 34 ary, 86 Bissell, William: rights restored, 99–100 Bennett, Charles: ens., 157 Blackman, Daniel: j.p., 148 Bennett, Isaac: j.p., 16, 148 Blackman, Reuben, Jr.: maj., 154 Bennett, Joseph: j.p., 16, 148 Blackman, Samuel C.: j.p., 16, 148; pro- Bennett, Joshua: 2d lt., 177 bate judge, 11, 145 Bennett, Orin: capt., 174 Blackstone Canal (Mass.-R.I.): develop- Bennett, William: rep. Cornwall, 4 ment of, xxix Benson, Joseph: ens., 30 Blake, Eli W.: ens., 23; 4th lt., 155 Benton, Erastus: ens., 34 Blake, Philos: lt. col., 154; maj., 22 Berlin, town of: inhabitants of, xlvii, 317, Blakeslee, Ransom: j.p., 18, 150 318; mileage to legislative sessions, Blind Brook Bridge (Danbury): as bound- 68; rep., 2, 136 ary, 235 Bethlehem (Bethlem), town of: mileage Blish, Sylvester: lt., 160 to legislative sessions, 71; rep., 4, 138 Bliss, Jeremy: capt., 172 Betts, Castle: capt., 33 Blodget, Alva: ens., 23 Betts, Thaddeus: j.p., 16, 148 Blodget, Daniel: ens., 36; lt., 168 350 INDEX TO VOLUME XXI

Blois (Bloss), Samuel: j.p., 17, 150 Botsford, Philo: rep. Newtown, 137; vote Bloss, Charles A.: lt., 31 in H.R., 327 Boardman, David S.: j.p., 18, 150 Boundaries (Conn.): with Massachusetts, Boardman, Elijah: former sen., 1n; j.p., xxv–xxvi, 216–17, 216n, 219–29, 17, 150 219n; with Rhode Island, 217, 217n Boardman, Henry C.: capt., 35 Bowen, Nathaniel: to form seminary, 84 Boardman, Homer: to form canal co., Bowen, William: j.p., 17, 149 253; j.p., 17–18, 150 Boyd, George: to form seminary, 84 Boardman, John: ens., 35; lt., 167 Bozrah, town of: mileage to legislative Boardman, William W.: clerk, senate, sessions, 70; propsed tpk. in, 293; rep., 1n, 136n; and Farmington Canal Co., 3, 137 245n Brace, James: j.p., 17, 18, 150 Boardman, William W.: 3d lt., 155; 4th Brace, John P.: ens., 33; lt., 33 lt., 23 Brace, Jonathan: former senator, 1n; pro- Bolles, Armin: capt., 39 bate judge, 10, 143 Bolles, David: common pleas chief judge, Brace, Thomas K.: j.p., 12; Newgate 10, 142; j.p., 16, 149; and slave eman- overseer, 142 cipation, 100 Bradford, Nathaniel: j.p., 15, 147; rep. Bolles, David, Sr.: and slave emancipa- Montville, 3 tion, 100, 100n Bradley, Amasa: j.p., 14, 146 Bolles, David C.: j.p., 16, 149 Bradley, Anson: ens., 162 Bolles, Ebenezer W.: capt., 33 Bradley, Elijah: j.p., 146 Bolles, Samuel P.: ens., 165; lt., 166 Bradley, Hull: j.p., 15, 148 Bolton, town of: constable in, 106; mileage Bradley, Jared: j.p., 14, 146 to legislative sessions, 72; rep., 5, 139 Bradley, Jesse S.: j.p., 16, 148 Bond, Joseph: ens., 158 Brainard, Calvin: j.p., 19, 151 Bonds (General): actions on, 51, 194; of Brainard, Erastus: prop. is boundary, 285 School Fund, 61 Brainard, Hezekiah: j.p., 19, 151 Bonney, Stephen: lt. col., 20 Brainard, Jeremiah G.: j.p., 14, 147 Booth, Reuben: in H.R. proceedings and Brainard, John: j.p., 19, 151 debates, 319; j.p., 15, 148; probate Brainard’s Quarry (Chatham): as bound- judge, 11, 144; rep. Danbury, 137; ary, 285 vote in H.R., 327 Brainerd, Roswell: 1st lt., 45 Booth, Smith: j.p., 16, 148 Braman, Daniel: j.p., 15, 147 Boroughs (General): fire prevention in, Branford, town of: mileage to legislative 200, 200n; inc., l; powers of, 234n; in sessions, 69; rep., 2, 136; tpk. in, 90, revised statutes, 59n; tax exemption 295 of, 212, 212n Breed, John: to form manufacturing co., Boroughs formed: Danbury, 234–36, 267–68 234n; Wethersfield, 236–39, 236n Breed, John: lt., 161 Boston, Mass., city of: bank notes in, 203 Breed, Samuel, Jr.: ens., 28 Bostwick, Charles: j.p., 14, 146 Brewster, Asa S.: rep. Canaan, 4, 138 Bosworth, Nathaniel: j.p., 13, 145 Brewster, Elias: j.p., 15, 147 Botsford, Abiel K.: j.p., 16 Brewster, John: j.p., 15, 147 Botsford, Elijah: ens., 165 Brewster, Jonathan: j.p., 15, 147; rep. Botsford, Isaac: col., 153 Preston, 137; vote in H.R., 327 INDEX TO VOLUME XXI 351

Brewster, Jonathan: rep. Canaan, 4 Brooklyn, town of: inhabitants of, 181n; Brewster, Joseph W.: rep. Preston, 3 mileage to legislative sessions, 71; Brewster, Simon: j.p., 15 newspaper to print notice, 203; pro- Bridgeport, borough of: fire prevention in, posed court session in, xxv; rep., 4, 200, 200n 137; tpk. in, 108 Bridgeport, town of: inc., l, 85–86n, 85– Brooks, Abijah: j.p., 16 88; Indians in, 219n; mileage to legis- Brooks, Benjamin: j.p., 148 lative sessions, 70; newspaper to pub- Brooks, Nathan: j.p., 15, 147 lish notice, 77; rep., 137; in Stratford Brotherell, Thomas: tax assessor, 108 probate district, 57, 57n Brown, Andrew: alien to hold prop., 278 Bridgeport Bridge Co.: commissioners Brown, Anthony: j.p., 16, 149 apptd., 76, 76n Brown, Edmund: j.p., 18, 150 Bridges (General): acts and actions on, l, Brown, Elias: j.p., 15, 147 192; O. Wolcott on, 123, 330 Brown, Henry: rep. Preston, 3 Bridges (Specific): in Bridgeport, 76, 76n, Brown, Ichabod: j.p., 15, 147 86, 86n; on canals, 248, 252, 257, 259, Brown, Ireneus: col., 153 260, 261; in Danbury, 234; in Derby, Brown, Isaac: ens., 38 275; in Enfield, xlii(n); on Essex Tpk., Brown, Jeremiah: Newgate overseer, 74 272–74; in Fairfield, 296n; in Hart- Brown, Josiah, Jr.: capt., 39 ford, 1, 1(n), 75–76, 75n, 81–82; in Brown, Lorin: cornet, 173 Lisbon, l; in Montville, 294n; in New Brown, Nathaniel: prop. of, 222 Haven, 275, 295; in Norwalk, 296n; in Brown, Pardon: j.p., 13, 145 Orange, 233; in Pauckatuck, 293 Brown, Samuel: school district comt., 282 Brigham, Cephas: j.p., 19, 152 Brown, Selah: 2d lt., 45; 1st lt., 45 Brigham, Spafford: j.p., 19, 152; rep. Wil- Brown, Tyler: rep. Lisbon, 3, 137; vote in lington, 139; vote in H.R., 327 H.R., 327 Brigham, Stephen: rep. Mansfield, 4 Brown, William: j.p., 19, 152 Brimfield , Mass.: boundary of, 222, 229 Brown University: students in, 9n Brinsmade, Daniel B.: j.p., 18, 150 Brownell, Thomas Church: biog., 214n; Bristol, Julius: 2d lt., 41; 1st lt., 173 election sermon by (1822), xlii, 214, Bristol, town of: mileage to legislative 214n; to form seminary, 84 sessions, 68; rep., 2, 136 Browning, Hazard: j.p., 147 Bristol, William: and Bridgeport inc., 87; Browning, Welcome A.: j.p., 15, 147 comt. on tpk., 296; j.p., 14, 146; to Browning, William T.: to operate ferry, make apportionment, 233 281–82, 282n Brocklesby, John: alien to hold prop., 95 Brownson, Isaac: j.p., 150 Brockway, Ebenzer: j.p., 15, 147 Brownsword, Alan: on Conn. politics, Bronson, Asahel: j.p., 14, 146 xvi, xvii, xxxviii Bronson, Benjamin: j.p., 146 Buck, Charles: capt., 30 Bronson, Jared: capt., 163 Buck, Joseph: rep. Killingly, 4 Bronson, Marcus: capt., 170 Buckingham, John: j.p., 18, 150 Bronson, Philo: rep. Middlebury, 3 Buckingham, Stephen: lands of, 75 Bronson, William A.: ens., 156 Buddington, Asa: prop. sold to, 96 Brookfield, town of: mileage to legisla- Buel, Jonathan: j.p., 150 tive sessions, 70; rep., 3, 137 Buell, Andrew: capt., 166 352 INDEX TO VOLUME XXI

Buell (Buel), Elisha: j.p., 13, 145; rep. Burrows, Enoch: comt. on boundary, Marlborough, 2 217; elected senator, 7; j.p., 15, 147; Buell, Frederick: ens., 33 proposed bank commissioner, 206n; Buell, Jonathan: j.p., 17 senator, 1, 135n; sworn, 8 Bugbee, Amos: maj., 154 Burton, Nathan, Jr.: j.p., 18, 150 Bulkley, Edmund: col., 153 Burwell, William: capt., 176 Bulkley, Gad: j.p., 16 Bush, Fenner: lt., 27 Bulkley, George: 2d lt., 46 Bush, Jonathan A.: lt., 168 Bulkley, Henry: j.p., 145 Bushnell, Aaron 2d: lt. col., 153 Bulkley, James: ens., 24 Bushnell, Ensign: j.p., 18, 150; rep. Wash- Bulkley, Jonathan, Jr.: rep. Fairfield, 3, ington, 4 137; vote in H.R., 327 Bushnell, John: lt., 27 Bulkley, Walter W.: ens., 160 Bushnell, Roswell: ens., 167 Bull, Lorenzo: to forn brewing co., Butler, Calvin: comt. on tpk., 92; in H.R. 109–10 proceedings and debates, 324; j.p., 18, Bull, Thomas: School Fund debtor, 100 150; rep. Plymouth, 4, 138; vote in Bull, William: col., 22 H.R., 327 Bunce, Chauncey: j.p., 14, 146 Butler, William: capt., 160 Bunce, Chauncey: ens., 164 Butter and lard: inspection of, 186–87 Bunce, Daniel: prop. is boundary, 81 Button, ------: prop. is boundary, 90 Bunce, Isaiah: j.p., 17, 150 Butts, Asa: rep. Canterbury, 138; vote in Bunce, Levi: ens., 37; lt., 168 H.R., 327 Bunnel, Charles: j.p., 14, 146 Byington, Theodore: j.p., 13, 145 Burch (Birch), Lamson: j.p., 16, 148 Byles, Jonathan: j.p., 149 Burhans, Daniel: to form seminary, 84 Byles, Josias: j.p., 16, 149 Burlington, town of: mileage to legisla- Byram River, school district of (Green- tive sessions, 69; rep., 2, 136 wich): school fund money for, 282, Burnham, Augustus: ens., 159 282n Burnham, Jesse: capt., 158; ens., 26; lt., Byrne, Daniel: capt., 157 158 Burnham, Joshua: ens., 167 C Burnham, Oliver: canal commissioner, Cady, Lucius: 1st lt., 177 259; j.p., 17, 150; rep. Cornwall, 138; Caldwell, John: to form insane asylum, vote in H.R., 327 241; j.p., 12, 145 Burr, Amos: j.p., 15, 148 Calhoun, Daniel B.: ens., 163 Burr, Ephraim H.: lt., 25 Calhoun, John: to form canal co., 253 Burr, Gershom: and Fairfield Academy, Calvin, John: on Sabbath, xliii 76; j.p., 15, 148 Cameron, Duncan: to form seminary, 84 Burr, James: lt., 47 Camp, Dennis: rep. Durham, 5 Burr, Jonathan: j.p., 151 Camp, Joseph: lt. col., 153 Burr, Lewis: 2d lt., 44; 1st lt., 176 Camp, Lemuel: j.p., 19 Burrill (Burrall), William M.: j.p., 17, Camp, Ozias, Jr.: capt., 159 150; proposed canal commissioner, Camp, William S.: j.p., 151 253n Campbell, Hiram: ens., 35; lt., 167 Burrows, Daniel: biog., 9n; boundary Campbell, William W.: capt., 168; lt., 36 commissioner, 216n; U.S. rep., 8n, 9 INDEX TO VOLUME XXI 353

Canaan, town of: canal in, 254; inhabit- Case, Abiel: capt., 169 ants of, 288; mileage to legislative ses- Case, Eli N.: ens., 171 sions, 71; rep., 4, 138 Case, Elisha: j.p., 145 Canada Thistle: act on, xxxix, 52–53, 52n Case, Elisha, Jr.: j.p., 17, 151 Canals (General): and economic develop- Case, Harlow: cornet, 40 ment, xiii, xxix–xxxi Case, Hezekiah: rep. Simsbury, 136; vote Canals (Specific): acts on, xxxix; Black- in H.R., 327 stone Canal: xxix; Enfield Canal Co., Case, Noadiah: capt., 166; ens., 166 xxx; Erie Canal, N.Y., xiii, xxix, xxx; Castle, Isaac B.: capt., 163 Farmington Canal Co., xxix–xxxi, Catlin, Benjamin: lt., 31 244–52, 244–45n, 253n; New Ha- Catlin, Levi: j.p., 17, 150 ven and Northampton Canal Co., xxx; Catlin, Lewis: j.p., 17, 150 Ousatonic Canal Co., xxix–xxxi, 253– Caulkins, Elisha: maj., 21 61, 253n Cavalry: officers apptd., established, 21, Candee, Eli: rep. Harwinton, 4, 138; vote 40–42, 109, 153, 171–74; organiza- in H.R., 327 tion of, xxii–xxiii, 52, 112; payment Candee, Levi: j.p., 146; rep. Oxford, 137; for service in, 98. See also Militia, vote in H.R., 327 Military. Canfield, Burton: j.p., 14, 146 Census (U.S.): and congressional repre- Canfield, Horace: to form canal co., 253 sentation, 189n Canfield, Lee: to form canal co., 253 Centre District (Windham): fire co. in, Canfield, Samuel: rep. New Milford, 138; 101, 101n vote in H.R., 327 Chadwick, Joseph: j.p., 15, 147 Cannon, Philip A.: j.p., 16, 148 Chaffee, Ethan: j.p., 16, 149 Canterbury, town of’: inhabitants of, Chaffee, Hezekiah: j.p., 13; rep. Windsor, 2 139n; mileage to legislative sessions, Chalker, Richard: capt., 27 71; rep., 4, 138; tpk. in, 108 Chalker, Sylvester: 1st lt., 45 Canton, town of: mileage to legislative Chamberlin, Benjamin: lt., 30 sessions, 69; rep., 2, 136 Champion, Aristarchus: to form manufac- Captain General: orders by, 98; powers turing co., 269–70 and duties of, 52, 73. See also Gover- Champion, Henry: to form Grand Lodge, nor; Militia, Military. 80 Carrier, Daniel: j.p., 14, 147 Champion, Sylvester: lt. col., 20 Carrington, Abijah: j.p., 14, 146 Champlin, Oliver: j.p., 14, 147 Carrington, Daniel N.: j.p., 15, 148 Chandler, Theophilus B.: rep. Woodstock, Carrington, Leicester: capt., 164 4 Carrington, Leverett: 3d lt., 42 Chandler, Thomas: rep. Woodstock, 138; Carrington, Licester: j.p., 145 vote in H.R., 327 Carter, Dan: lt. col., 20 Chapel, Comstock: rep. Waterford, 3 Carter, George: j.p., 151 Chapel, Joshua B.: j.p., 15, 147 Carter, Russell: lt., 166 Chapel, Richard, Jr.: ens., 24; lt., 157 Carter, Samuel: to form insane asylum, Chapin, Andrew: ens., 31 241 Chaplains, H.R.: appt. of, 136n Carter, William: common pleas associate Chaplin, Benjamin: town named after, judge, 143; j.p., 19, 151 230n Carver, John: 1st lt., 41 354 INDEX TO VOLUME XXI

Chaplin, eccl. soc. of: town formed from, Cheney, George: j.p., 145–46 230, 230n Chesapeake Bay: steam navigation in, Chaplin, town of: inc., l, 230–32, 230n; 323 jurors in, 200, 200n; roads in, 231; in Cheshire, town of: boundary of, l, 290; Windham probate district, 200 inhabitants of, 65n, 66n, 315; mileage Chapman, Asa: and Bridgeport inc., 86n, to legislative sessions, 69; rep., 1n, 2, 87; j.p., 16 136 Chapman, Ashbel: j.p., 19, 152 Chester, Isaac: j.p., 19, 151 Chapman, Ashbel, Jr.: capt., 36 Chester and North Killingworth Tpk. Co.: Chapman, Carlos: ens., 36; lt., 168 tpk. to, 295, 295n Chapman, Charles: j.p., 148 Chichester, Henry, Jr.: lt., 28 Chapman, Ezra: rep. Tolland, 139; vote in Chidsey, Nathan: j.p., 14, 146 H.R., 327 Child, Nathaniel: lt., 162 Chapman, Isaac: j.p., 19, 151 Child, Stephen: ens., 30 Chapman, Nathaniel: lt., 37 Chipman, Chauncey: capt., 26 Chapman & Hawley (Philadelphia): and Christianity, Christian churches: O. Wol- flax dressing, 218n cott on, 125; support of, xlii Charitable institutions (General): corpo- Christianity, Christian churches. See en- rate status of, xxxix; exclusions from, tries under individual demominations. 54n; gendered participation in, xlvii– Church, Daniel, Jr.: j.p., 16, 148 xlviii, 316; tax exemptions for, 212, Church, Joseph: 1st lt., 178 212n Church, Samuel: in H.R. proceedings and Charles River, Mass.: as boundary, 220 debates, xliii, 314, 314n, 315, 317, Charter of 1662 (Conn.): boundaries un- 318; j.p., 18, 150; probate judge, 11, der, 220, 223 144; rep. Salisbury, 4 Chase, David: j.p., 16, 149; rep. Killingly, Cities (General): gunpowder in, l, 53, 138; vote in H.R., 327 53n; in revised statutes, 59n; tax ex- Chase, Edward: lt., 30 emption for, 212, 212n Chase, Philander: to form seminary, 84 Civil actions: acts on, xx, xxv, 50–51, Chatfield, Leman: lt., 156 50n, 194, 194n; retrials for, xx, xx(n) Chatfield, Oliver S.: ens., 170 Civil Authority (General): powers and du- Chatham, town of: common lands, stone ties of, 181–82n quarries in, l, 285–87, 285n; inhabit- Clapboard Ridge, school district of ants of, 278, 279, 290–91; mileage to (Greenwich): school fund money for, legislative sessions, 72; rep., 5, 138 282–83, 283n Chaubunagungamug Pond: in survey, 221 Clark, Almon: ens., 24 Chauncey, Worthington G.: j.p., 19, 151 Clark, Beaumont: prop. is boundary, 291 Cheeney, George: j.p., 13 Clark, Dudley: capt., 45 Cheeseborough, David: estate of, 280 Clark, Elias: rep. Waterbury, 137; vote in Chelsea Grammar School: inc., 78, 78n H.R., 327 Chenevard, Hannah: heir, 92–94 Clark, George: capt., 174 Chenevard, John: estate of, 92–94 Clark, Horace: capt., 159; lt., 26 Chenevard, John, Jr.: estate of, 92–93 Clark (Clarke), Horace: j.p., 13, 145 Chenevard, John M.: heir, 93 Clark, Jabez: j.p., 17, 149 Chenevard, Mary J.: administrator, 92–93 Clark, James 2d: col., 20 Chenevard, William: heir, 93 Clark, Jonathan: j.p., 14, 146; 1st lt., 172 INDEX TO VOLUME XXI 355

Clark, Joseph: j.p., 13 Coit, Benjamin: common pleas associate Clark, Patrick: j.p., 146; rep. Meriden, judge, 12, 142; j.p., 14, 147 136; vote in H.R., 327 Coit, Charles: maj., 22 Clark, Philo: rep. Washington, 138; vote Coit, Farwell: j.p., 14, 147 in H.R., 327 Coit, Stephen: lt., 157 Clark, Rufus: j.p., 19, 151 Colburn, Lyman: cornet, 41; 2d lt., 172 Clark, Samuel: alien to hold prop., 278 Colchester, town of: mileage to legislative Clark, Smith: ens., 27 sessions, 70; rep., 3, 137 Clark, Victorianus: j.p., 17, 150 Colchester and Norwich Tpk. Co.: pro- Clark, Waterman C.: capt., 25 posed tpk. to, 294, 294n Clark, William H.: capt., 44 Colden, Cadwallader D.: and R. Fulton, Clark, Zachariah (Zekeriah), Jr.: j.p., 16, 325, 325n 148; prop. is boundary, 94; rep. New- Cole, Sands: j.p., 15, 147 town, 3 Cole, Solomon: j.p., 13, 145 Cleaveland (Cleavland), Chauncey F.: Colebrook, town of: canal in, 245, 245n; j.p., 16, 149 inhabitants of, 206n; mileage to legis- Cleaveland (Cleavland), Johnson: ens., lative sessions, 71; rep., 4, 138; tpk. 33; lt., 166 in, 277 Clergy: taxation of, xxxiii, xlii–xliii, xlvii, Coleman, Augustus: maj., 154 212, 212n, 314–22 Coley, Eliphalet: rep. Weston, 137; vote Clerks: of courts, 51; senate, 1n; of towns, in H.R., 327 67 Colleges and universities (General): O. Clerks, H.R.: compensation of, 5n; elect- Wolcott on, xlv, 309–11; support of, ed, 5, 5n; oath, 194–95 63–64, 120; tax exemptions, xxxiv, Clerks, Senate: apptd., 1n, 136n; oath, 194 212, 212n Clift, William: j.p., 15, 147 Collins, ------: prop. is boundary, 107 Close, Gilbert: j.p., 16, 148 Collins, Cicero: ens., 33 Close, Gilbert 3d: lt., 29 Collins, Homer: j.p., 150 Close, Samuel: maj., 154 Collins, Jabez: j.p., 13, 145; rep. Enfield, Close, Thomas: j.p., 148 136; vote in H.R., 327 Coates (Coats), David: j.p., 15, 147 Collins, Oliver: lt. col., 21 Coates, David, Jr.: ens., 28 Collins, Samuel: ens., 171 Coe, Curtis: ens., 160 Collins, Seth: j.p., 16, 149 Coe, Eli: j.p., 19, 151 Collins, Timothy: j.p., 17 Coe, Elihu: capt., 160 Colt, Christopher: to forn brewing co., Coe, Elisha: lt., 26 109–10 Coe, Harry E.: lt., 34 Colt, Daniel: maj., 47 Coe, Jonathan Jr.: rep. Winchester, 138; Colt, Elisha: to forn brewing co., 109–10; vote in H.R., 210n j.p., 12, 145; and reporting by banks, Coe, Levi: school district comt., 292 xxxv Coe, Levi: ens., 26; lt., 160 Columbia, town of: lands annexed to, 75; Coe, Oliver: j.p., 18 mileage to legislative sessions, 71; Coe, Timothy, Jr.: j.p., 151 rep., 4, 138 Coffin, John C.: to form canal co., 253 Combs, Joseph: lt., 23 Cogswell, William: j.p., 18, 150 Commerce: economic state of, xiii, xxxvii; O. Wolcott on, 118, 297, 300, 301, 356 INDEX TO VOLUME XXI

302, 303, 304, 305, 307, 308, 309; Connecticut Courant (Hartford): on 1822 U.S. and state powers over, xxvi, 117, election, xxiv; coverage of legisla- 130, 328–38 tive proceedings, iv; on Republican Commissioner of the School Fund. See economizing, xxxii; on statute revi- School Fund; Hillhouse, James. sion, xx(n); on steamboat controversy, Common law: O. Wolcott on, 125–27 xxvii(n) Common Schools. See Schools (Public). Connecticut Herald (New Haven): on Compensation Act of 1816 (U.S.): and 1821 election, 2n; on agricultural so- congressonal compensation, 66n cieites, xxxviii(n); coverage of legisla- Comstock, Aaron: j.p., 15 tive proceedings, iv; on militia, xxiv, Comstock, Billy: j.p., 15, 148; rep. Read- xxiv(n) ing, 137; vote in H.R., 327 Connecticut Medical Society, Connecti- Comstock, J.L.: and estate, 93 cut Medical Convention: and insane Comstock, Jonathan: j.p., 15, 147 asylum, 240n, 241–43 Comstock, Peter: j.p., 15, 147 Connecticut Mirror (Hartford): coverage Comstock, William: j.p., 148 of legislative proceedings, iv; on S.A. Conant, David: j.p., 17, 149; rep. Mans- Foot, 65n field, 138; vote in H.R., 327 Connecticut River: as boundary, 216, Conant, Joseph: ens., 171 216n, 219, 221, 224, 225, 226, 237, Cone, Cephas: rep. Colchester, 137; vote 285, 291; ferries on, 89, 271, 272; in H.R., 327 mentioned, xxxi; navigation in, xxix, Cone, Nathaniel G.: capt., 169 xxx, 106, 106n Cone, William: j.p., 19, 151 Connecticut Tpk. Co.: pets. against, 296, Congdon, David: j.p., 15 296n Congregationalists, Congregational Connor, William: ens., 155 churches: and disestablishment, xlii; Constables (General): bonds and compen- members of, xlii, xlvi, 60n sation of, xxi(n); powers and duties of, Congress (U.S.): and American Asylum, 51; proposed militia exemption for, xlvii(n); and bankruptcy, 118n, 304–5; 105n commerce powers of, xxxvii, 117, Constitution (Conn., 1818): adoption of, 326, 329–32; and currency, 307–8; xi, xix, li; number of senators, 1n; O. and economic development, xiii; and Wolcott and, xv; oath for executive of- fiscal retrenchment, xiv; members’ ficers, 50, 50n; privileges under, xliii, salaries, xiv, 65–66n, 66; mentioned, 123, 314, 314n, 315, 316–17, 317n, 123, 124; and militia, xxiii, xxiii(n), 318, 319, 320, 321; Reformers and, 73, 113, 305; and national bank, xxxvi, xv; separation of powers under, xxii; 130, 131, 132; noms. to, xvii; and pub- suffrage under, xlvi; veto power under, lic lands, 62n, 63n, 64; and Washing- xxviii ton, D.C. lottery, xli. See also House Constitution (U.S.): and bankruptcy, xl, of Representatives (U.S.); Senate 117, 118n, 304, 304n; commerce pow- (U.S.); Representatives (U.S.), Sena- er under, xxvi–xxviii, 326, 328–38; tors (U.S.) and currency, xxxiv; and economic Conly, Daniel: ens., 171 development, xiii; and national bank, Connecticut: name of steamboat, xxvii(n) xxxvi, xxxvi(n), 122, 123, 124, 124n, Connecticut Baptist Education Society: 127, 129–33; prefixed to Conn. stat- payments to, 55n INDEX TO VOLUME XXI 357

utes, 66; provisions of, 189n; and pub- Cornwall, Joshua: j.p., 17, 150 lic lands, 64; rights under, 305 Cornwall, town of: mileage to legislative Constitutional Convention (Conn., 1818): sessions, 71; rep., 4, 138; school in, members of, 1n, 9n, 136n; mentioned, xliv(n) 317 Cornwell, David: lt., 37 Contracts (General): O. Wolcott on, Cornwell, Enoch: cornet, 41 xxxix(n), 128–29, 302 Corporations (General): legislative cre- Controller (Conn.): apptd., 9, 141; to ation of, xii, xxxix; liability of, 109n; audit accts., 60, 142; clerk exempted O. Wolcott on, 123, 130. See also Lim- from miltia duty, 105; lists prepared ited Partnerships. by, 6, 139; payments authorized by, Corporations formed: Eagle Manufactur- 67, 73, 74, 74n, 98, 99, 101, 102, 104, ing Co., 269–71, 269n; Essex Tpk. 105, 106, 216, 243–44, 281; powers Co., 271–75, 271–72n; Fairfield Acad- and duties of, xxxiii(n), xxxv, xli, 62, emy, xliv, 76–78, 76n; Farmington Ca- 62n, 68, 73, 74n, 114, 189, 214, 215, nal Co., xxix–xxxi, 244–52, 244–45n; 218, 249, 251, 258, 260, 282, 283, Grand Lodge, xlviii, 80, 80n; Gris- 289, 292, 293; revised statutes for, 67. wold Manufacturing Co., 267–69, See also Thomas, James. 267n; Hartford Brewing Co., xii, Converse, Hiram: lt., 164 xlix, 109–11, 109n; Humphreysville Cook, Caleb: j.p., 146 Manufacturing Co., 261–64, 261–62n; Cook, Caleb, Jr.: j.p., 14 Mutual Benevolent Soc. of Cordwain- Cook, Malachi: j.p., 14, 146 ers, xlvii–xlviii, 79–80, 79n; Nooks Cook, Moses: 2d lt., 22; rep. Goshen, 4 Manufacturing Co., 264–67, 264–65n; Cook, Samuel: j.p., 14, 146 Ousatonic Canal Co., xxix–xxxi, 253– Cook, Squier C.: ens., 167 61, 253n; Retreat for the Insane, xlvii, Cook, Thaddeus: 2d lt., 42 240–44, 240n; steamboat companies, Cook, Thomas: 2nd lt., 22 xxviii(n); Stonington Bank, xxxv, Cooke, Abel: rep. Wallingford, 3 206–9, 206n; Theological Seminary of Cooke, Daniel B.: j.p., 15 the Protestant Episcopal Church, xlii, Cooke, James: j.p., 15, 147 83–85, 84n; Windham County Bank, Cooke, William: j.p., 15 xxxv, xlviii, 202–5, 202n, 206n Cooley, David M.: reward to, 101 Cosgrove, Mason: and American Asylum, Cooley, Earle: ens., 158 xlvii Cooley, Thomas: ens., 156 Couch, Edward: capt., 171; lt., 40 Cooley, William: j.p., 145 Council, Upper House (Pre-1818): Re- Cooper, Cynthia. See Sears, Cynthia. formers control, xi; tax exemption for, Cooper, Guy: guardian, 291; rep. Cha- 319, 319n tham, 138 Counterfeiting: of bank notes, 101, 104; Cooper, Martha: guardian, 291 128; O. Wolcott on, 308–9; U.S. pow- Corbin, Abel: ens., 162 ers over, 130 Corbin, Penuel: j.p., 17, 149–50 Counties (General): boundaries of, l; Corbin, Samuel: capt., 30 medical societies in, 197–98, 197n; Cordwainers: form mutual soc. in New penalties received by, 188; tax exemp- Haven, 79–80, 79n tion, 212, 212n; treasurers’ duties, 181 Corning, David: ens., 47 Court of Common Pleas (County Court): Cornish, Virgil: ens., 166 clerks of, 67; in Fairfield County, 48; 358 INDEX TO VOLUME XXI

in Hartford County, 48, 107; judges Credit, creditors (General): and economic apptd., 10, 12, 142–43; in Litchfield development, xxxiv; and imprison- County, 49, 283–84; in Middlesex ment for debt, xl; O. Wolcott on, xl, County, 49; in New Haven County, 48; 128, 130, 131, 300, 304–7, 309; of in New London County, 48; powers partnerships and corporations, 109n, and duties of, 50, 50n, 51, 123, 180, 180, 302–4 181–82, 181–82n, 192n, 193, 247–48, Crimes and punishments (General): acts 252, 256, 261; reduction of number of on, 193–94, 193n, 213n judges, xxxi; sessions of, xviii; statute Crocker, Nathan B.: to form seminary, 84 books for, 215; in Tolland County, 49; Crocker, Zebulon: j.p., 19, 152 in Windham County, 48–49 Croes (?), John: to form seminary, 84 Court of Probate: judges apptd., 10–11, Crosby, Stephen: rep. Thompson, 4 143–45; powers and duties of, xxv, Croswell, Harry: to form seminary, 84 190–92, 190n, 191n; proposed district, Cummins, Isaac: cornet, 43 295, 295n Currency, Money (General): O. Wolcott Courts (General): acts on, xxv, 48–49, on, xxxiv–xxxv, 307–9, 336 48n, 191–92, 191n, 195–96, 195n, Curtis, Gould: conservator, 94–95 200, 200n, 201, 210n; O. Wolcott on, Curtis, Sheldon: j.p., 146 305; powers and duties of, xx, xx(n), Curtiss, Abijah B.: to form canal co., 253 197–98; proposal for judicial districts, Curtiss, Asa: rep. Stratford, 4 xxii(n), xxv; writs returnable to, 51. Curtiss (Curtis), Holbrook: j.p., 18, 150; See also Superior Court; Supreme rep. Waterown, 138; rep. Watertown, Court of Errors. 4; vote in H.R., 327 Covell, Elisha: capt., 37 Curtiss, Levi: j.p., 148 Coventry, town of: mileage to legislative Curtiss, Nichols: to form canal co., 253 sessions, 72; rep., 5, 139; votes from, Curtiss, Sheldon: j.p., 14 rejected, 8 Curtiss, Solomon, Jr.: capt., 157 Coverture: continues until 1877, xlviii Cushing, Thomas H.: to form Grand Covil, Arby: j.p., 16, 149 Lodge, 80; U.S. customs collector, Cowles, George: canal commissioner, 101n 251; comt. on milita, 72; rep. Farm- Cushman, Lemuel: ens., 168 ington, 136; vote in H.R., 327 Cushman, Shubael R.: 1st lt., 174 Cowles, Horace: j.p., 13, 145 Cutler, Dan: ens., 30; lt., 162 Cowles, Moses: prop. is boundary, 290 Cowles, Richard: capt., 32 D Craig Mountain: tpk. gate at, 107 Daboll, Nathan: j.p., 147 Crane, Stephen: j.p., 18, 150 Daggett, Chester: lt. col., 153 Crary, Aaron: j.p., 17, 149 Daggett, Isaiah: j.p., 19, 152 Crary, Benjamin: ens., 158 Damages: on lands, 50 Crary, John B.: ens., 167 Dana, Samuel W.: rep. Middletown, 138; Crawford, Charles: ens., 30 vote in H.R., 327 Crawford, Ingoldsby W.: common pleas Danbury, borough of: inc., l, 234–36, associate judge, 12, 143; j.p., 19, 152; 234n rep. Union, 139; vote in H.R., 327 Danbury, probate district of: judge apptd., Crawford, Luther: j.p., 19, 152 11, 144 INDEX TO VOLUME XXI 359

Danbury, town of: bridges in, 234, 235; to School Fund, xliv, 61, 215; state and clergy in, 320, 322; courts in, 48, 94, U.S. power over, 118n, 130 195–96, 195n, 196; inhabitants of, Declaration of Independence (U.S.): pre- 279; mileage to legislative sessions, fixed to Conn. statutes, 66 70; pet. on clerical taxation, 319–20, Deer Hill Lane (Danbury): as boundary, 319n; pet. on tpk., 294n; rep., 2n, 3 234 Danforth, Thomas, Jr.: lt., 160 Deforest, Charles: capt., 171 Daniels, Amasa, Jr.: j.p., 19, 151 Delaware River: steam navigation in, 323 Darien, town of: mileage to legislative Delop, Benjamin: capt., 25 sessions, 70; rep., 3, 137 Deming v. Bull (1854): and corporate li- Darling, John: j.p., 14, 146; tpk. agent, 91 ability, 109n Darling, Noyes: common pleas associate Demosthenes: quoted, 116, 116n judge, 142; j.p., 14, 146; rep. Wood- Denison, Andrew: j.p., 13, 145; rep. Suf- bridge, 3, 137; vote in H.R., 327 field, 136; vote in H.R., 327 Darrow, Pierce: lt. col., 21; and militia Denison, Bani: j.p., 151 training, xxiii, xxiii(n), 72, 73n, 218, Denison, Charles: j.p., 14, 146; to make 218–19 n apportionment, 233; moderator, 232n, Daughters of the American Revolution: 234 mentioned, 76n Denison, Daniel 3d: ens., 25 Davenport, John: j.p., 16 Denison, Ebenezer: tax assessment to, Davis, Simon: j.p., 17, 149 108–9 Davis, Truman: capt., 170 Denison, Nathan F.: cornet, 175 Day, David: capt., 29 Denison, Samuel F.: j.p., 15, 147; pet. Day, Thomas: common pleas associate for tpk., 293; proposed bank commis- judge, 12, 142; comt. on election, 7, 9, sioner, 206n 141; comt. on statutes, 67; elected sec- Deputy Sheriffs (General): powers and retary, 6, 140; to form insane asylum, duties of, 51 xlvii, 241; j.p., 12, 145; and partisan Derby, town of: as boundary, 232; canal politics, xvi–xvii, xvii(n), xxiv; and in, xxxi, 254; factory in, 262, 264; In- statute revision, xix–xx, xix(n), 59n, dians in, 219n; mileage to legislative 68, 216, 217, 217n; sworn, 8, 141; sessions, 69; navigation to, 253n; rep., votes for, 6, 139n, 140. See also Sec- 2, 136; tpk. in, 275 retary (Conn.). Derby Tpk.: as boundary, 232 Dayton, Ezra: rep. Glastonbury, 136; vote Deshon, Daniel, Jr.: j.p., 147 in H.R., 327 Devotion, Jonathan: j.p., 17, 149 Dayton, Jacob, Jr.: capt., 29 Dewey, Asahel: j.p., 17, 149 De Forest, John H.: to form manufactur- Dibbell, Samuel R.: 1st lt., 177 ing co., 261–63 Dibble, James: j.p., 13, 145 De Forest, Philo: to form canal co., 253 Dibble, John: j.p., 14, 146 Dean, Josiah, Jr.: maj., 22 Dickerman, Elisha, Jr.: ens., 155 Dean, Oliver: ens., 37 Digest of the Laws of the State of Con- Debts, debtors (General): and attachment, necticut, A (Z. Swift, 1822): pub- xl; of banks, xxxv, 74, 214; imprison- lished, xxi ment for, xl–xli; on lands, 50; O. Wol- Dimmock, Otis: ens., 39 cott on, 117, 128, 301, 302, 306, 336; Dimon, Ebenezer: and Fairfield Academy, 76 360 INDEX TO VOLUME XXI

Divorce, Divorces: granted, 97–98, 290– Dutton, Amos: j.p., 14, 146; rep. Walling- 91; procedures for, xlviii–xlix ford, 137; vote in H.R., 327 Dixon, William: j.p., 13; rep. Enfield, 2 Dutton, Asa: j.p., 147 Dodd, Samuel: 1st lt., 46 Dutton, Elijah F.: 1st lt., 44 Dolbear, Mumford: rep. Salem, 3 Dutton, Joseph, Jr.: lt., 32 Donovan, Robert: alien to hold prop., 95 Dutton, Russell: j.p., 19, 151 Doolittle, Amos: meeting place, 80 Dwight, James S.: pet. on inland naviga- Doolittle, Benjamin: ens., 33 tion, 106, 106n Doolittle, Ezra: j.p., 13, 145 Dwight, Timothy: and data collection, Doolittle’s mill (New Haven): as bound- 62n ary, 213 Dyer, Norman: capt., 34 Dorrance, Gershom: j.p., 16, 149; rep. Dyer, Zenas: lt., 166 Columbia, 4, 138; vote in H.R., 327 Douglass (Douglas), Benajah: j.p., 17, E 150; rep. Canaan, 4, 138; vote in H.R., Eagle Bank (New Haven): note counter- 210n, 327 feited, 101 Douglass, William: school fund debtor, Eagle Manufacturing Co.: inc., 269–71, 288 269n Dow, Thomas: j.p., 16, 149 East Haddam, probate district of: judge Downs, Isaac: capt., 40 apptd., 11, 144 Dragon Bridge (New Haven): tpk. near, East Haddam, town of: inhabitants of, 19, 295 316, 319; mileage to legislative ses- Drakely, William: rep. Woodbury, 138; sions, 72; propsed tpk. in, 293; rep., vote in H.R., 327 5, 138 Dresser, Jacob, Jr.: maj., 21 East Hartford, town of: mileage to legisla- Dudley, Mass.: boundary of, 224, 228 tive sessions, 69; rep., 2, 136 Dudley, William: Mass. boundary com- East Haven, town of: mileage to legisla- missioner, 221, 225 tive sessions, 69; rep., 3, 136 Dunbar, Daniel: j.p., 12, 145 East Hill: in survey, 221, 222 Dunham, John: ens., 167 East India Company: privileges of, 314, Dunham, John 2d: j.p., 12, 145 318 Dunham, Seth: j.p., 17, 149 East Mountain: in survey, 221, 222 Dunlap, John: j.p., 17, 149; rep. Plain- East River (N.Y.): steam navigation in, field, 4 xxvii, 210, 211, 332, 334 Dunning, Hawley: ens., 164 East River (New Haven): fisheries in, 213 Dunworth, George: j.p., 149 East Windsor: eccl. soc. in, 295–96, 295n Durand, Samuel, Jr.: rep. Milford, 3, 136; East Windsor, probate district of: judge vote in H.R., 327 apptd., 11, 144 Durand, William: j.p., 14, 146 East Windsor, town of: inhabitants of, 99; Durfee, Thomas: j.p., 149 mileage to legislative sessions, 69; Durham, town of: mileage to legislative rep., 2, 136; school in, xliv, 295n sessions, 72; rep., 5, 138 Eastman, Josiah R.: j.p., 18, 150 Durkee, David M.: 2d lt., 41 Eaton, Joseph: j.p., 17, 149; rep. Plain- Duties (General): acts on, xviii, xxxix, 51, field, 4, 138; vote in H.R., 327 51n, 58, 58n Economic development: mentioned, xxvi, li; O. Wolcott on, 116–20, 120, INDEX TO VOLUME XXI 361

311–12; role of banks in, xxxv; role of Ely, Joseph E.: j.p., 15 government in, xii–xiv, xxxvii–xxxix Enfield, town of: boundary of, 221, 229; Economizing and fiscal retrenchment: jurisdiction over, 222–24; locks and and economic development, xxx; in channels in, xxix, xxx, 106, 106n; government, xiv, xxxviii, 65–66, 65n; mileage to legislative sessions, 69; in Reform and Republican programs, rep., 2, 136 xi, xiv, xv, xvii(n), xxxi–xxxii Enfield Bridge Co.: lottery request from, Edgcomb, Asa P.: ens., 161 xlii(n) Edgerton, Daniel G.: 2d lt., 43 Enfield Canal Co.: inc., xxx Edgerton, Elisha: j.p., 19, 152 England: economic conditions in, 116; Edson, Calvin: j.p., 19 treatment of mental illness in, 240n Education (General): and corporate sta- Eno, Jonathan, Jr.: ens., 24 tus, xxxix; O. Wolcott on, xxv, xlv, Ensworth, Lebbeus: j.p., 149 298, 309–11; and public lands, 62n, Episcopal Female Charitable Soc. (New 63–64; public role in, xxiv, xliv–xlv Haven): mentioned, xlvii Edwards, Albert: capt., 47 Episcopalians, Episcopal churches: and Edwards, David: prop. is boundary, 285 clerical taxation, 320; members of, Edwards, Eli: rep. Trumbull, 4 xlii, 214n; theological seminary of, Edwards, Henry W.: U.S. rep., 9 xlii, 83–85, 84n. See also Bishop’s Eels (Eells), Chauncey: capt., 171; ens., 38 Fund. Elderkin, Buckminster B.: ens., 160 Equity: courts of, 194 Eldred, Judah: j.p., 18, 150 Erie Canal: and economic development, Election Sermon: (1821), xlii, 60, 60n; xiii, xxix, xxx (1822), xlii, 214, 214n Essex, borough of: fire prevention in, 200, Elections: (1819), xvii; (1820), xv, xvii; 200n; tpk. in, 272–73 (1821), xvii–xviii; (1822), xxiv, 214 Essex Tpk. Co.: inc., 271–75, 271–72n; Electors (U.S. Presidential): O. Wolcott pet. for, 89, 89n; proposed tpk. from, on, 124; W. Moseley as, 136n 294, 294n Eleventh Amendment (U.S. Constitu- Estates (General): acts on, xxv, 190–91, tion): O. Wolcott on, 127 190n; of debtors, xl; O. Wolcott on, 305 Ellington, town of: land in, 278; mileage Ethiope (Bridgeport): Indians in, 219n to legislative sessions, 72; rep., 5, 139 Europe: manufacturing in, 119, 120 Elliot, Reuben: j.p., 14 Everest, Solomon: j.p., 12 Elliott, Clark: to form canal co., 253 Everett (Everitt), Gamaliel: capt., 164; lt., Elliott, Ely A.: maj., 154 32 Elliott, Henry: j.p., 14, 146 Everett (Everitt), Samuel E.: j.p., 18, 150 Elliott (Elliot), Jared: j.p., 19, 151; rep. Killingworth, 5, 138; vote in H.R., 327 F Elliott, Matthew: j.p., 18 Factories. See Manufacturing, factories, Elliott, Reuben: j.p., 146; probate judge, industry (General) 10, 143 Fair Haven Tpk. Co.: pet. for, 295, 295n Elliott, Youngs: j.p., 18, 150 Fairchild, Adoniram: j.p., 16, 148 Ellis, John: 2d lt., 174 Fairchild, Robert: bridge commissioner, Ellsworth, Timothy: j.p., 13, 145 76; common pleas chief judge, 10, Ely, Charles: prop. is boundary, 272 142; comt. on Indian tribe, 219; in Ely, Christopher: prop. is boundary, 294 H.R. proceedings and debates, 136n; 362 INDEX TO VOLUME XXI

j.p., 16, 148; rep. Stratford, 137; vote Female Charitable Soc. (New Haven): in H.R., 327 mentioned, xlvii Fairchild, Ziba: lt., 31 Female Education Soc. (New Haven): Fairfield, county of: common pleas judg- mentioned, xlvii es apptd., 10, 12, 142; court of com- Female Humane Soc. (New Haven): men- mon pleas in, 48, 94, 196; jail in, 292; tioned, xlvii j.p.s apptd., 15–16, 148–49; partisan Fenn, Frederick J.: ens., 31; lt., 163 politics in, xvii; pet. by inhabitants of, Fenn, James: j.p., 150 323; sheriff apptd., 152; superior court Ferries (General): O. Wolcott on, 330; in, 48; supreme court of errors in, 48 tolls on, l, 192–93, 192n Fairfield, probate district of: judge apptd., Ferries (Specific): in Conn. River, 89; on 10, 143 Essex Tpk., 271–74; in Lyme, 272; in Fairfield, town of: bridges in, 296n; New London, 282; on Thames River, church in, xliv; courts in, 48, 195–96; 281–82, 282n mileage to legislative sessions, 70; Ferris, Joshua: j.p., 16, 148 rep., 3, 137; tax assessment in, 108 Ferris, Samuel, Jr.: lt., 28 Fairfield Academy: re-inc., xliv, 76–78, Field, William: j.p., 152 76n Fields, John: 3d lt., 42 Fanning, Edward: proposed bank com- Fillmore, Comfort D.: j.p., 147 missioner, 206n Fines and penalties: on 2BUS, 121; on Fanning, John: j.p., 14, 147 canals, 244n, 250, 258–59; for illegal Fanton, Simeon: j.p., 16, 148 fishing, 196; relating to Canada thistle, Farmington, probate district of: judge ap- 53; relating to gunpowder, 53, 53n; ptd., 11, 144 relating to inspection of provisions, Farmington, town of: canal in, xxix, 245, 186–88; relating to militia service, 245n; inhabitants of, 58n, 95; mileage xliv; relating to steam navigation, xx- to legislative sessions, 69; rep., 2, 136 vii, xxviii, 210–11, 210n, 329, 334, Farmington Canal Co.: inc., 244–45n, 335, 337; for School Fund debtors, 244–52, 253n xliv, 61, 61n Faxon, Elisha: in H.R. proceedings and Fire, fire prevention: in Hartford, 199, debates, 206n; j.p., 15, 147; proposed 199n; in Middletown, 287, 287n; in bank commissioner, 206n; rep. Ston- towns and boroughs, l, 200, 200n; ington, 137; vote in H.R., 327 in Wethersfield, 236n, 238, 239; in Federal Convention (1787): mentioned, Windham, 101 122, 127 First Phillipic (Demosthenes): quoted, Federalists: fiscal policies of, xv, xxxii; 116, 116n members of, xiv, xvi–xvii, xix, xxiv, Fish, Asa: j.p., 15, 147; rep. Stonington, 3 1n, 9n; and militia, xxiv; newspapers Fish, fisheries: acts on, 213, 213n; duties of, iv; and partisan politics, xi, xv– on, 58, 58n; inspection of, 181, 184, xvii, xviii, xxii, xxiv, 8n, 55n; party 187, 188; Mohegan fishing rights, xlvi; strength in H.R, 2n; on tax reform, in Nachaug River, 213; in New Haven, xxxii, xxxiv; on usury, xl–xli 213; in Ousatonic River, 213; in Paw- Fees (General): acts on, 213n; of inspec- catuck River, 217, 217n; in Quinebaug tors, 188; of legislators, 68; of sheriffs, River, 213; in Shetucket River, 213; in 51 Stonington, 206n; in Thames River, Fellows, Ephraim: j.p., 147 INDEX TO VOLUME XXI 363

196, 196n; of whales and seals, xxxix, Fowler, Amos, Jr.: cornet, 172 58, 58n; in Willimantic River, 213 Fowler, David S.: j.p., 14, 146 Fish, Roswell: j.p., 15, 147 Fowler, Henry: ens., 35 Fisher, Donald: alien to hold prop., Fowler, Minor, Jr.: cornet, 42 278–79 Fowler, Noah, Jr.: 2nd lt., 42 Fisher, Ebenezer: lt., 157 Fowler, Samuel: j.p., 14 Fitch, Augustus: lt., 36 Fowler, Samuel, Jr.: ens., 161 Fitch, James: 2d lt., 43 Fox, Abiel: 1st lt., 173 Fitch, Luther: j.p., 13, 145 Fox, John: j.p., 17, 149 Flagg, Henry C.: j.p., 14, 146 Fox, Nehemiah: capt., 162; lt., 29 Flagg, Solomon S.: ens., 165 France: commercial partnerships in, xxx- Flax: dressing of, xxxix, 73, 73n, 119–20, viii, 303; divorce law in, xlviii; eco- 119n, 217–18, 218n nomic conditions in, 117, 119; religion Fletcher Road: in Chaplin, 231 in, xliv; treatment of mental illness in, Florida: U.S. acquisition of, 115, 115n 240n Foot (Foote), David: j.p., 15, 148 Francis, Elijah: rep. Berlin, 2, 136; vote Foot (Foote), Enoch: and Bridgeport inc., in H.R., 327 87; rep. Bridgeport, 137; vote in H.R., Francis, John: j.p., 16, 149 327 Francis, Robert: j.p., 13, 145 Foot, Lansel: capt., 166; ens., 34 Franklin, town of: mileage to legislative Foot, Miles: capt., 40 sessions, 70; rep., 3, 137 Foot (Foote), Samuel A.: comt. on elec- Frauds and Perjuries: act on, 302, 303n tion, 5, 140; elected senator (?), xvii, Freeman, Edmund (Edmond): sheriff, 1n, 7; former congressman, 9n; in 152; tpk. commissioner, 75 H.R. proceedings and debates, xx(n), Freeman, Samuel: prop. of, 228 2n, 50n, 65n, 66n, 315, 318; rep. Freemasons: form Grand Lodge, 80, 80n Cheshire, 1n, 2, 136; vote in H.R., French, Abel: j.p., 15, 148 327; votes for, 1n French, Adonijah: j.p., 14, 146; rep. Foote, Charles: capt., 176; 1st lt., 45 Woodbridge, 3, 137; vote in H.R., 327 Foote, George A.: capt., 29 French, Jeremiah: rep. Derby, 2 Foote, Israel: j.p., 13, 145 French, Nathan: prop. is boundary, 277 Foote, Joel: j.p., 13, 145 Frink, Darius: j.p., 15, 147 Forbes, William J.: cornet, 22; 1st lt., 23 Frink, Elisha: j.p., 15 Ford, Elias: j.p., 14, 146; rep. Waterbury, 3 Frink, Joseph: capt., 161 Ford, Joel: j.p., 14; rep. Hamden, 3 Frisbie, Calvin: j.p., 14, 146 Foreign Mission School (Cornwall): re- Frisbie, Enos, Jr.: capt., 173; 1st lt., 173 quest for tax exemption, xliv–xlv(n) Frisbie, Jacob: rep. Branford, 136; vote in Forrester, Lot: j.p., 16, 148; rep. Ridge- H.R., 327 field, 137; vote in H.R., 327 Frisbie, Jacob, Jr.: j.p., 14, 146 Forward, James: j.p., 13, 145 Fuller, Alanson: capt., 35 Fosdick, Clement: ens., 24 Fuller, Elisha: 1st lt., 41 Fosdick, Lodowick: j.p., 14, 147 Fuller, Gorham: 1st lt., 172 Foster, Abel: pet. on eccl. soc., 295 Fuller, Joel A.: 2d lt., 40; 1st lt., 171 Foster, Lyman: capt., 25 Fuller, John R.: capt., 164 Foster, William: j.p., 19, 152 Fuller, Joseph, Jr.: ens., 168 Foster, William D.: j.p., 17, 149 Fuller, Samuel: ens., 158; lt., 158 364 INDEX TO VOLUME XXI

Fuller, Silas: j.p., 16, 149 Gay, Henry: 2d lt., 46 Fuller, Solomon: rep. Somers, 5, 139; Gay, William: j.p., 13, 145 vote in H.R., 327 Gaylord, Daniel: j.p., 18, 150 Fuller, Solomon L.: j.p., 19, 152 Gaylord, Philip: j.p., 12 Fuller, Thomas C.: ens., 37 Gaylord, Willard: ens., 166 Fuller, William: lt., 168 Gear, Edmond C.: ens., 169 Fulton: name of steamboat, xxvii(n) Geer, Welcome: 1st lt., 178 Fulton, Robert: and N.Y. steamboat mo- Gelston, William: j.p., 19, 151 nopoly, xxvi, xxvii, 324, 325, 325n, Gelston, William, Jr.: ens., 169 326, 333n Gender: and religion, xlvi–xlvii; and so- Fulton Steamboat Co.: and N.Y. monopo- cial reform, xlvii–xlviii ly, 323, 324; and steamboat monopoly, General Assembly (Conn.): alterations by xxvi H.R. and Senate, disagreements, and Fyler, Stephen: j.p., 18, 150 conferences, xx, xx(n), xliv(n), 48n, 50n, 51n, 53n, 54n, 56n, 57n, 59n, G 62–63n, 64n, 65n, 66n, 68n, 74n, 80n, Gadsden, Christopher E.: to form semi- 81n, 83n, 86n, 89n, 90n, 91n, 104n, nary, 84 179n, 182n, 190n, 191n, 193n, 194n, Gager, Samuel R.: j.p., 18, 150; rep. Sha- 195n, 196n, 197n, 198n, 199n, 202n, ron, 4, 138; vote in H.R., 327 206n, 210n, 212n, 213n, 214n, 215n, Gales Ferry (Groton): ferry at, 281 217n, 218n, 230n, 232n, 234n, 236n, Gallaudet, Thomas: and American Asy- 240n, 244–45n, 253n, 261–62n, 264– lum, xlvii 65n, 267n, 269n, 271n, 275n, 282n, Gallup, Amos: in H.R. proceedings and 288n, 294n, 295n; annual sessions of, debates (?), 321–22; j.p., 15, 147; rep. xxxi; business contd., 296; economiz- Stonington, 137; vote in H.R., 327 ing measures, xxxii; membership lists, Gallup, Avery: capt., 27; lt., 27 1–5, 135–39; mileage to, xviii, 68–72, Gallup, Benjamin, Jr.: j.p., 17, 149 68n. See also House of Reprsentatives Gallup, James: rep. Groton, 137; vote in (Conn.); Senate (Conn.); Representa- H.R., 327 tives (Conn.); Senators (Conn.). Gallup, John: j.p., 17, 149 George IV, king of Great Britain: subjects Gallup, John 2d: ens., 26 of, 97 Gallup, John D.: in H.R. proceedings and Georgia, state of: produce of, 326 debates (?), 321; rep. North Stoning- Gibbons v. Ogden (1824): and steamboat ton, 137; vote in H.R., 327 monopoly, xxvi, xxviii Gallup, Jonathan: j.p., 17, 149 Gibson, Jason (Gason): capt., 163; ens., 31 Gallup, Russell: ens., 27 Giddings, James A.: j.p., 16, 148 Galpin, Philip S.: lt., 156 Giddings, William: j.p., 16, 148 Galpin, Samuel: capt., 158 Gifford, Gurdon, Jr.: 4th lt., 43 Gannett, John M: and highway district, Gilbert, Charles: ens., 157 81n Gilbert, Ezekiel: capt., 24 Gardner, Benajah: j.p., 15, 147 Gilbert, Isaac: j.p., 14, 146 Gates, David: j.p., 145 Gilbert, Joseph: j.p., 14, 146 Gates, Jabez: ens., 167 Gilbert, Payton R.: j.p., 19, 152 Gates, Olmsted: maj., 21 Gay, Calvin: j.p., 18, 150 INDEX TO VOLUME XXI 365

Gilbert, Sylvester: common pleas chief execute deed, 101; on Ohio resolu- judge, 10, 143; j.p., 19, 152; probate tions, 64; pet. presented by, 323; pow- judge, 11, 144 ers and duties of, 59n, 73, 244, 251, Gillet, Justus: lt., 24 260; present, 1, 135; proclamations Gillett, John, Jr.: rep. Torrington, 4 by, xlii; relationship with legislature, Glastonbury (Glastenbury), town of: fac- xiv–v; revised statutes for, 67; sworn, tory in, 269n; mileage to legislative 7, 141; tax exemption for, 318–19; to sessions, 69; rep., 2, 136 transmit resolutions, 64, 66; vetos by, Glazier, Daniel: j.p., 19, 152 xv, xxvii–xxviii, xxviii(n), 328–38; Glover, John, Jr.: lt., 165 votes for, xvii, 6, 139; warrant by, 281. Goff, Benjamin: capt., 32 See also Wolcott, Oliver. Golden Hill Indians (Paugussetts): affairs Governor (Maryland): resolutions trans- of, xlvi, 219, 219n mitted to, 64 Goodale, Chauncey: ens., 160 Governor (Ohio): resolutions transmitted Goodale, George: ens., 162 to, 65 Goodman, Sylvester: lt., 165 Governors (States): revised statutes for, 67 Goodrich, Alfred L.: ens., 23; lt., 23 Governor’s Foot Guards: duties of, 74– Goodrich, Cyprian: ens., 32; lt., 164 75, 75n; officers apptd., established, Goodrich, Jesse: j.p., 145 23, 155. See also Militia, Military. Goodrich, Joshua: lt., 158 Governor’s Horse Guards: duties of, 74– Goodrich, Samuel G.: and printing of stat- 75, 75n; officers apptd., established, utes, 66n, 217, 217n 22–23, 155. See also Militia, Military. Goodwin, Abel: j.p., 17, 149; rep. Leba- Gowdey, Eli: cornet, 172 non, 4 Graham, George: alien to hold prop., 95 Goodwin, Asa: j.p., 18, 150; rep. New Graham, Israel W.: 2d lt., 172 Hartford, 4, 138; vote in H.R., 210n Granby, probate district of: judge apptd., Goodwin, George: to form brewing co., 11, 144; part of Suffield in, 57, 57n 109–10 Granby, town of: mileage to legislative Goodwin, Horace: capt., 46 sessions, 69; rep., 2, 136 Goodwin, James: j.p., 13, 145 Granby Turnpike Co.: route of, 88–89, Goodwin, Levi: j.p., 13, 145 89n; toll gates of, 107, 107n, 275, Goodwin, Nathaniel: to audit accts., 60, 275n 142; j.p., 12 Grand Lodge of the State of Connecticut: Goodwin, Pitts: capt., 169 inc., xlviii, 80, 80n Goodwin, William: lt. col., 21 Grannis, Benjamin: j.p., 14, 146 Gordon, James, Jr.: common pleas associ- Grannis, Charles B.: 2nd lt., 23; 3rd lt., ate judge, 12, 143; j.p., 17, 149 23; 1st lt., 155 Gordon, Samuel 2d: lt., 26 Grannis, Chester: in H.R. proceedings and Gordon, Thomas D.: 3d lt., 155 debates, 321; maj., 154; rep. Southing- Gore Lands: mentioned, 325 ton, 2, 136; vote in H.R., 327 Goshen, town of: mileage to legislative Grant, Alexander: minor, 280 sessions, 71; rep., 4, 138 Grant, Alexander William: estate of, 280 Goslee, Chester C.: cornet, 173 Grant, Charles: guardian to sell minors’s Governor (Conn.): and American Asy- prop., 280–81 lum, xlvii(n); as commander of militia, Grant, Charles Edward: minor, 280 xxii, xxiii(n); elected, 5–6, 139–40; to Grant, Christian: minor, 280 366 INDEX TO VOLUME XXI

Grant, Elizabeth Mary: minor, 280 Griswold, Daniel J.: j.p., 19, 151; pet. on Grant, Elliott: j.p., 13, 145 meadow drainage, 103 Grant, Emily: minor, 280 Griswold, David: comt. on tpk., 89, 271, Grant, Frederick Allan: minor, 280 271n; j.p., 19, 151 Grant, Lucy Henrietta: minor, 280 Griswold, David M.: capt., 27 Grant, Martha: minor, 280 Griswold, George: j.p., 14, 146 Grant, Mary: estate of, 280 Griswold, Giles: j.p., 17, 150 Grant, Mary: minor, 280 Griswold, Jonah B.: ens., 168 Grant, Matthew: rep. Torrington, 138 Griswold, Martin: lt., 160 Grant, Oliver: ens., 168 Griswold, Marvin: rep. Harwinton, 4 Granville, Mass.: tpk. near, 107 Griswold, Shubael: in H.R. proceedings Grave, John: lt., 29 and debates, 317; rep. East Hartford, Graves, Jedidiah (Jedidiah): j.p., 16, 148; 2, 136 rep. Sherman, 3, 137; vote in H.R., Griswold, Simeon: j.p., 13 327 Griswold, town of: meeting place, 268; Graves, William: maj., 22 mileage to legislative sessions, 70; Gray, Philip: j.p., 15, 147 proposed probate district in, 295; rep., Gray, Samuel 2d: 2d lt., 155; 4th lt., 155 3, 137 Great Britain: and American Revolution, Griswold Manufacturing Co.: inc., 267– 126; citizens of, 95, 96, 97, 278, 280; 69, 267n economic conditions in, 119 Grosvenor, Lemuel: probate judge, 11 Greece: ancient republics of, 118 Grosvenor, Thomas M.: j.p., 17, 149 Green, Dorastus: prop. is boundary, 235 Groton, town of: ferry at, 281; fisheries in, Green, Oliver: j.p., 19, 151 196, 196n; mileage to legislative ses- Greenage, ------: mentioned, 100n sions, 70; rep., 3, 137; tpk. in, 275 Greenage, Rose: emancipated slave, 100n Groton and Stonington Tpk. Co.: toll gate Greenwich, town of: mileage to legisla- of, 107–108, 107n, 275, 275n tive sessions, 70; rep., 3, 137; schools Groton Indians: and support of tribe in, 282 member, 296, 296n Gregory, Abel: rep. Weston, 4 Guardians (General): duties of, 191, 191n Gregory, Elijah: rep. Danbury, 3, 137; Guernsey, Bridgeman: j.p., 19; rep. Dur- vote in H.R., 327 ham, 5 Gregory, Moses: rep. Norwalk, 3 Guernsey, Friend: conservator, 283–84 Gregory, Stephen: j.p., 16, 148 Guernsey, Peter: incompetent, 283–84 Gridley, Isaac: j.p., 19, 151 Guilford, borough of: fire prevention in, Griffin, Joab, Jr.: j.p., 13, 145; probate 200, 200n judge, 11, 144 Guilford, probate district of: judge apptd., Griffin, Josiah: j.p., 19, 151 10, 143 Griffin, Nathaniel: comt. on tpk., 89, 271, Guilford, town of: mileage to legislative 271n; rep. Guilford, 136; vote in H.R., sessions, 69; rep., 3, 136; tpk. in, 295 327 Gunn, John: 2d lt., 178 Griffing, Christopher: j.p., 14, 147 Gunn, Nathan: ens., 156 Griffing, Nathaniel: rep. Guilford, 3 Gunn, Samuel B.: rep. Milford, 3, 136; Griswold, Alexander V.: to form semi- vote in H.R., 327 nary, 84 Gunpowder: in cities, 1, 53, 53n Griswold, Benjamin: j.p., 17, 150 INDEX TO VOLUME XXI 367

Gurley, Artemas: common pleas associate Harrington, Edwin P.: 2d lt., 46; 1st lt., judge, 12; j.p., 17 177 Gurley, Jacob B.: j.p., 14, 147 Harris, Benjamin: j.p., 15 Gurley, Jonathan: 1st lt., 172 Harris, Jacob: capt., 26 Gurley, Jonathan B.: cornet, 41 Harris, Jedediah: j.p., 19, 151; rep. Kill- ingworth, 5 H Harris, John: 2d lt., 174 Haddam, town of: mileage to legislative Harris’ Hill (Wethersfield): as boundary, sessions, 72; rep., 5, 138 237 Hale, Fraray (Frayray), Jr.: to form manu- Harrison, Elihu: j.p., 17, 150 facturing co., 269–70 Harrison, Grindley: maj., 154 Hale, George: ens., 159 Harrison, John S.: ens., 166 Hall, Aaron: j.p., 14, 146 Hart, George: lt., 161 Hall, Abner: lt., 161 Hart, Henry: rep. Goshen, 138; vote in Hall, David: sworn, 141 H.R., 327 Hall, Dixon: bank commissioner, 203, Hart, James: j.p., 19, 151 206n, 207; biog, 1n; comt. on election Hart, John A.: j.p., 13 sermon, 60; elected senator, 7, 141; Hart, Richard W.: j.p., 19, 151 j.p., 17, 149; senator, 1, 135; sworn, 8, Hart, Samuel: in H.R. proceedings and 141; vote in senate, 210n debates, xlvii, 314, 315, 316–17, 318; Hall, Ebenezer S.: ens., 39 j.p., 12, 145; rep. Berlin, 2 Hall, Ephraim S.: j.p., 17, 150 Hart, Selah: 1st lt., 41 Hall, Herman: rep. Wolcott, 3, 137; vote Hart, Simeon: j.p., 12, 145 in H.R., 327 Hart, Timothy: rep. Southington, 136; Hall, Joel: prop. is boundary, 285 vote in H.R., 327 Hall, Jonathan P.: j.p., 149 Hart, William: lt. col., 20 Hall, Russell: col., 22 Hartford, county of: brewing company Hall, Samuel: j.p., 19, 151 in, 109; canal in, 244n; common pleas Hallam, Giles R.: j.p., 15, 147; rep. Ston- judges apptd., 10, 12, 142; court of ington, 3 common pleas in, 48, 107; j.p.s appt., Hallock, William H.: 2d lt., 178 12–13, 145–46; j.p.s in, 136n; sheriff Hamburg: tpk. in, 294n apptd., 152; sheriff’s duties, 218; su- Hamden, town of: mileage to legislative perior court in, 48, 238; supreme court sessions, 69; rep., 3, 136; votes from, of errors in, 48 rejected, 7 Hartford, probate district of: judge apptd., Hamilton, Alexander: policies of, xiv, 10, 143; part of Suffield in, 57, 57n; xxxvi proceedings in, 93 Hamilton, Horatio A.: j.p., 19, 152 Hartford, south highway district of: inc., Hammett, Jonathan, Jr.: cornet, 172 80–82, 81n Hampton, town of: Chaplin formed from, Hartford, town and city of: bridges in, 81– 230, 231; inhabitants of, 60n; mileage 82, 81n; charitable organization in, xl- to legislative sessions, 71; rep., 4, 138 viii; fire prevention in, 199, 199n; in- Hancox, Peleg: ens., 28 habitants of, xliii, 2n; and inland navi- Handford, Daniel: 2d lt., 177 gation, xxix, xxx; inspectors in, 181; Hard, Benjamin: j.p., 16, 148 meeting place, 270; mileage to, from, Harding, Stephen: ens., 159 68–72; newspaper to print notice, 106, 368 INDEX TO VOLUME XXI

107, 238, 241, 296; newspapers in, iv, Hayes, Roland: lt, 166 xvi; pauper in, xli, 296, 296n; printers Hayward, Nathan: j.p., 16, 149 in, 66n; prop. in, 92–93; rep., 2, 136; Hayward, Phillip: j.p., 149 savings bank in, 54, 54n; state house Hayward, William: to form seminary, 84 in, l, 218; tpk. to, 107 Hazen, Elijah: comt. on tpk., 277 Hartford and New Haven Tpk. Co.: road Hazen, Henry: lt. col., 154; rep. Franklin, to, 237 137; vote in H.R., 327 Hartford Bank: commissioner apptd., 75; Heacock. See Hickox. director apptd., 142 Heath, John: 2d lt., 41; 1st lt., 172 Hartford Brewing Co.: inc., xii, xlix, 109– Hebron, probate district of: judge apptd., 11, 109n 11, 144 Hartford Bridge Co.: commissioners of, Hebron, town of: inhabitants of, 9n, 280; 75–76, 75–76n; legislative actions on, mileage to legislative sessions, 72; l, l(n); lighting of, 76 rep., 5, 139 Hartford Marine Insurance Co.: reduction Hemingway, Eleazar: j.p., 14 of capital, 284–85, 284n Hemingway, Enos: j.p., 14, 146 Hartland, town of: mileage to legislative Hemingway, John: j.p., 14, 146 sessions, 69; rep., 2, 136 Hendee, Abner: rep. Hebron, 5 Hartshorn, Eli: j.p., 15, 147 Hendee, Leonard: j.p., 19, 152 Hartwell, Sherman: j.p., 18, 150; rep. Henderson, James: rep. New Hartford, 4 Warren, 138; vote in H.R., 327 Hendrick, Charles: 1st lt., 44 Harvard College: graduates of, 60n Heptarchy: in England, 126, 126n Harvey, Amos: j.p., 152 Hequembourgh, Charles: capt., 177 Harvey, Paul: lt. col., 21 Hercules: ancient legends of, 118 Harwinton, town of: mileage to legisla- Herrick, Ephraim 2d: j.p., 15, 147 tive sessions, 71; rep., 4, 138 Herrick, Jonas: capt., 158; lt., 25 Haskell, Eli B.: j.p., 13, 145; rep. East Herrick, Nathaniel: capt., 176; 1st lt., 44 Windsor, 2 Hewit, Henry K.: ens., 35 Haughton, John W.: payment to, 101–102 Hewitt, Elias: j.p., 15, 147 Hawley, Charles: j.p., 16, 148; rep. Stam- Hewitt, Ezra: capt., 28 ford, 3 Hewitt, Henry K.: lt., 167 Hawley, Stephen: capt., 45 Hewitt, Palmer: j.p., 15, 147 Hawley, Wilson: rep. Stratford, 4 Hewitt, Perez: j.p., 15, 147 Hayden, Benajah: j.p., 17, 150 Hewitt, Stanton, Jr.: maj., 22 Hayden, Charles U.: lt., 160 Hibbard, Calvin: j.p., 17, 149 Hayden, Daniel: j.p., 13, 145–46 Hibbard, Daniel F.: brig. gen., 153 Hayden, Ebenezer: j.p., 19, 151; rep. Say- Hibbard, Joseph B.: ens., 36; lt., 167 brook, 138; vote in H.R., 210n Hickcox, Ithiel: lt., 163 Hayden, Joel: ens., 159 Hickox, Curtiss (Heacock, Hicox, Curtis): Hayden, John O.: ens., 26; lt., 159 j.p., 18, 150; rep. Washington, 4 Hayden, William: capt., 23 Hickox, Daniel, Jr.: j.p., 18, 150 Hayes, Alpheus: rep. Granby, 2 Highways (General). See Roads and high- Hayes, Chester: ens., 166 ways (General) Hayes, Daniel, Jr.: rep. Granby, 136; vote Higley, Luther: ens., 167 in H.R., 327 Hill, Benjamin: j.p., 19, 151 Hayes, Horace: 4th lt., 155 Hill, Bradley: cornet, 176 INDEX TO VOLUME XXI 369

Hill, David: comt. on election, 140; elect- Hollabird (Holabird), Charles: ens., 32; ed senator, 7, 140; j.p., 15, 148; pro- lt., 164 bate judge, 10, 143; senator, 1, 135; Hollabird, William: j.p., 18, 150 sworn, 8; tax assessor, 109; vote in Hollabird, William S.: j.p., 18, 150 senate, 210n Holland, town of, Mass.: in survey, 220, Hill, David, Jr.: capt., 44 224, 226, 229 Hill, George: j.p., 14, 147 Hollister, Alexander: rep. Glastonbury, Hill, John R.: j.p., 148; rep. Reading, 137; 136; vote in H.R., 327 vote in H.R., 327 Hollister, Asahel: capt., 160 Hill, Joseph: to form tpk. co., 270–72, Hollister, Gideon, Jr.: lt., 31 271n; j.p., 19; pet. for tpk., 89; rep. Hollister, Grove: ens., 159 Saybrook, 5 Holly, John M.: to form canal co., 253; Hill, Nathaniel B.: ens., 40 j.p., 18, 150 Hillhouse, James, School Fund commis- Holly, Newman: rep. Salisbury, 4 sioner: and partisan politics, xvi; and Holly, William W.: lt., 161 support of public schools, xxxi–xxxii. Holmes, Andrew B.: lt., 28 See also School Fund. Holmes, Israel: ens., 170 Hills, Sylvester: ens., 32 Holt, Alfred: reward to, 101 Hillyer, Charles I.: ens., 34; lt., 166 Holt, Hiram: lt., 26 Hillyer, Pliny: pet. on tpk., 88, 107; tpk. Holt, Nehemiah: j.p., 149 agent, 275 Holt, Orin: capt., 172 Hindman, William: ens., 31 Holt, Philemon: rep. East Haven, 3, 136; Hine, William H.: lt., 170 vote in H.R., 327 Hinman, Charles C.: ens., 162 Hooker, Ira: payment to, 102 Hinman, Curtis: former sen., 1n Hop River: as boundary, 75 Hinman, Luman: capt., 33 Hopkins, Benjamin: cornet, 174; 1st lt., Hinman, Royal R.: j.p., 18, 150 174 Hinman, William: j.p., 14, 146 Hopkins, John: ens., 170 Hinsdale, Abel: rep. Torrington, 4 Hopkins, Samuel: j.p., 17, 150; rep. Corn- Hinsdale, Hosea: rep. Winchester, 4 wall, 4, 138; vote in H.R., 327 Hitchcock, Rufus: j.p., 14, 146; probate Hopson, William T.: to form canal co., 253 judge, 144; rep. Cheshire, 2, 136; vote Horse Artillery: arms and equipment for, in H.R., 210n, 327 xxiii, 113; officers apptd., established, Hitchcock, Russell: j.p., 14, 146 22, 42–44, 154, 174–76; training of, Hoadley, Jeremiah: rep. Hartford, 136; xxiii, 72, 218, 218 n. See also Militia vote in H.R., 210n Hosmer, Stephen: j.p., 152 Hoadly, George: and Farmington Canal Hosmer, Stephen Titus: j.p., 19, 151 Co., 245n Hotchkiss, Castle: ens., 170 Hobart, John Henry: to form seminary, 84 Hotchkiss, David M.: lt., 170 Hobby, Hervey: ens., 28 Hotchkiss, John: ens., 29 Hodges, Erastus: j.p., 18, 150 Hotchkiss, Orrin: capt., 170 Holcomb, Daniel B.: capt., 35; j.p., 13, 145 Hotchkiss, Woodward: j.p., 14, 146 Holcomb, Hiram: ens., 163 Hotchkiss, Zina: 4th lt., 43 Holcomb, Joel: j.p., 13, 145 Hotchkiss Town (New Haven): tpk in, 91 Holkins, Joel: j.p., 13 Hough, Erastus: j.p., 149; moderator, 232 Hough, Samuel: j.p., 19, 151 370 INDEX TO VOLUME XXI

Hough, Samuel L.: j.p., 149 Hubbard, David E.: j.p., 13, 145; rep. Housatonic (Ousatonic) River: as bound- Glastonbury, 2 ary, 232; canal along, 253–54, 253n; Hubbard, Ebenezer G.: capt., 160 fisheries in, 213; navigation of, 253, Hubbard, George: j.p., 15, 147; proposed 253n bank commissioner, 206n House, Horace W.: ens., 37 Hubbard, Jacob: capt., 47 House of Commons (U.K.): and flax Hubbard, Lemuel G.: lt., 26 dressing, 119, 119n Hubbard, Thomas: to form insane asylum, House of Representatives (Conn.): bill 240, 241 returned to, 328; clerks’ powers, xxv; Hubbard, Thomas: capt., 42 debates in, xx, xx(n), xxi, xxi(n), xxii, Hudson, Henry: statutes borrowed from, xxii(n), xxvii, xxxiii, xl, xlii–xliv, xl- 68 vii, xlviii, 2n, 5n, 50n, 58n, 59n, 65n, Hudson & Goodwin: prints Conn. stat- 66n, 68n, 105n, 136n, 181n, 206n, utes, 66n 240n, 314–27; election certificates for, Huggins, Henry: maj. cmdt., 23; 1st lt., 22 2n; former members of, 1n, 5n; in- Hull, Andrew: j.p., 14, 146 fringements by, xxii; membership lists, Hull, Andrew, Jr.: pet. for canal co., 244 2–5, 136–39; newspaper reporting of Hull, Bradley: j.p., 16, 148 proceeidings, 139n; party strength in, Hull, Hazard: capt., 45 xi, xvi, xvii, xxiv, 2n, 136n; proposed Hull, John: bridge commissioner, 76; j.p., reduction in size, xxi, xxi(n); quorum 15, 148; tax assessor, 108 of, 140; Reformers control, xi; rules of Hull, John W.: lt. col., 153 procedure, 2n; speaker, clerks of, 1n, Hull, Sylvester: cornet, 42 5, 5n; votes in, xxvii, xxviii, xlvi(n), Humphrey, Alvin: rep. Canton, 2 5n, 65n, 210n, 319, 327. See also Rep- Humphrey, Augustus L.: capt., 37 resentatives (Conn.). Humphrey, Decius: col., 22 House of Representatives (U.S.): Conn. Humphrey, James: ens., 38; lt., 38 members elected, 8–9; Conn. repre- Humphrey, Noah: rep. Goshen, 4 sentation in, xxv; elections to, xvii– Humphrey, Philander: j.p., 13, 145 xviii; members of, 1n, 65n, 139n. See Humphreys, Ansel: ens., 167 also Representatives (U.S.). Humphreys, David: factory of, 261n Hovey, Alva: capt., 171 Humphreys, James: j.p., 12, 145; rep. Hovey, Vine: 2d lt., 46 Canton, 136; vote in H.R., 327 Howard, Menasseh: rep. Union, 5 Humphreys, John, Jr.: common pleas as- Howard, Nathan: j.p., 19, 152 sociate judge, 12, 142; j.p., 14, 146; Howd, Salmon: rep. Barkhamsted, 138; rep. Derby, 136; vote in H.R., 327 vote in H.R., 327 Humphreysville Manufacturing Co.: inc., Hoyt, Darius: capt., 33 261–64, 261–62n Hoyt, Lewis S.: 2d lt., 46 Hungerford, Cyrus E.: ens., 33; lt., 165 Hoyt, Rufus: capt., 25 Hungerford, John P.: counterfeit note by, Hoyt, Russell: j.p., 148 104 Hoyt, Samuel: capt., 39 Hungerford, William: j.p., 19, 151 Hoyt, Stephen: rep. New Canaan, 3 Hunt, Amos: col., 20 Hoyt, Stephen, Jr.: lt., 171 Hunt, John 2d: j.p., 14, 146 Hoyt, William B.: 2d lt., 42 Hunt, Oliver: lt., 36 Hunt, William, Jr.: ens., 39 INDEX TO VOLUME XXI 371

Huntington, & Hopkins: and printing of I statutes, 66n, 217 Illinois, state of: canals in, xxix Huntington, Barnabas, Jr.: cornet, 175 Incompetents: estates of, li, 94–95, 283–84 Huntington, Charles P.: j.p., 14, 147 Independent Observer (Brooklyn): to Huntington, Edward G.: ens., 171 print notice, 108 Huntington, Eleazer: prop. is boundary, 231 Indiana, state of: canals in, xxix Huntington, Erastus: j.p., 14, 147 Indians: Golden Hill Indians, xlvi, 219, Huntington, Hezekiah: j.p., 12, 145 219n; Groton Indians, 296, 296n; Mo- Huntington, Jabez W.: j.p., 17, 150 hegans, xlvi Huntington, Roger: j.p., 17, 149 Infantry: officers apptd., established, 20– Huntington, Selden: maj., 154 21, 23–40, 47, 152–53, 154, 155–71; Huntington, town of: mileage to legisla- 47; officers of, 75, 109; organization tive sessions, 70; rep., 3, 137; and of, xxii–xxiii, 112–13; training of, Stratford, 86n; taxes in, 103 xxiii, 72–73, 73n, 218, 218n. See also Hurd, Austin: ens., 24 Militia, Military. Hurd, Benjamin: j.p., 19, 151 Ingalls, Ephraim: j.p., 17, 149 Hurd, Robert: ens., 27 Ingalls, Lemuel: j.p., 17, 149 Hurd, Samuel: maj., 154 Ingersoll, Jonathan: elected lt. gov., 6, Hurlbut, Charles: capt., 29 139–40; to form seminary, 84; lt. gov., Hurlbut, Ralph: j.p., 15, 147 1, 135; sworn, 7, 141; votes for, 6, Hurlbutt (Hurlbut), Taylor: pet. against 139. See also Lieutentant Governor. tpk. co., 296, 296n Ingersoll, Ralph I.: comt. on election ser- Hutchins, Ezra: j.p., 16, 149 mon, 214; in H.R. proceedings and Hutchins, Ezra L.: ens., 26 debates, xxvii, xliv, 65n, 323–24; j.p., Hutchins, Penuel: j.p., 16, 149; rep. Kill- 14, 146; rep. New Haven, 2, 136; vote ingly, 4 in H.R., 327 Hutchins, Simon: rep. Killingly, 138; vote Ingham, Samuel: j.p., 151 in H.R., 327 Ingham, William: col., 153 Hutchinson, Daniel: j.p., 17, 149 Inquiry into the Effects of Spiritous Li- Hutchinson, David: rep. Lebanon, 4 quors, An (B. Rush): and temperance, Hutchinson, John B.: capt., 169 xlix–l(n) Hyde, Allyn: prop. is boundary, 278 Insanity, mental illness: retreat for, xlvii, Hyde, David: tpk. commissioner, 75 240–44, 240n Hyde, Eli: maj., 154 Insolvency (General): estates, 190, 190n; Hyde, Ephraim: j.p., 19 laws on, xl Hyde, Francis: cornet, 172 Inspection, inspectors: of provisions, xx, Hyde, Hannah: prop. is boundary, 278 xxv, 181–89, 181–82n Hyde, John: j.p., 14, 147; probate judge, Institute for Living: current name, 240n 11, 144 Insurance, insurance companies (Gen- Hyde, Lewis: j.p., 147 eral): authorized activities of, xli; Hyde, Robert: j.p., 19, 152 legislative actions on, l; and limited Hyde, Walter: prop. is boundary, 278 partnerships, xxxviii, 179; in revised statutes, 59n Insurance, insurance companies (Spe- cific): Hartford Marine Insurance Co., 372 INDEX TO VOLUME XXI

284–85, 284n; New Haven Fire Insur- Johnson, Elijah: sheriff, 152 ance Co., 287, 287n Johnson, Jedidiah: ens., 160 Internal improvements. See Economic Johnson, Nathan: bank commissioner, development. 203; clerk, H.R., 2n, 5, 5n, 139, 139n; Inventors: rights of, 331 comt. on milita, 72; in H.R. proceed- Ireland: citizens of, 279; economic condi- ings and debates, xliii–xliv, 2n, 66n, tions in, 119 318; j.p. Hartford county, 12, 145; rep. Isaacs, Benjamin: j.p., 16, 148; rep. Nor- Hartford, 2, 136; vote in H.R., 210n; walk, 137; vote in H.R., 327 votes for, 5n, 139n Isham, Charles T.: ens., 169 Johnson, Nathan: j.p. Tolland county, Isham, John, Jr.: rep. Colchester, 3 19–20, 152 Isham, John 2d: capt., 163 Johnson, Oliver, Jr.: ens., 35; lt., 35 Isham, Ralph: j.p., 14, 147 Johnson, Rufus: j.p., 16 Ives, Ambrose: j.p., 14, 146 Johnson, Rufus, Jr.: j.p., 149 Ives, Chauncey: 1st lt., 46 Johnson, Stephen C.: lt., 162 Ives, Eli: to form insane asylum, 241 Johnson, Walter: lt. col., 153; maj., 21 Ives, Enos: j.p., 12, 145 Johson, Samuel W.: to form seminary, 84 Ives, Titus: j.p., 14, 146 Jones, Drayton: lt. col., 153; maj., 21 Ives, Watrous: 4th lt., 42 Jones, Elijah: rep. Barkhamsted, 4 Jones, Merlin: ens., 162 J Jones, Nathaniel: capt., 162 Jackson, Joseph: 2d lt., 44 Jones, Samuel: j.p., 19, 151 Jackson, Samuel: ens.., 162; j.p., 17 Jones, Samuel F.: j.p., 13, 145 Jacksonian Democrats: in national poli- Jones, Timothy: j.p., 145 tics, xii Jones, Walter: ens., 40 Jacobs, John: j.p., 17, 149 Jones, William H.: to form Grand Lodge, Jacocks, John H.: bank director, 75 80 James I, King of England: grant to Plym- Jones, Zina: capt., 160 outh Co., 220 Jordan Lane (Wethersfield): as boundary, Jarvis, Samuel F.: to form seminary, 84 237 Jeffersonians: policies of, xi–xii, xiii, xiv; Journal of Science. See American Journal and Reform movement, xiv. See also of Science and Arts. Republicans. Judd, Russell: j.p., 18 Jennings, David: 3d lt., 176; 4th lt., 176 Judges: as members of the legislature, Jewett, John G.: lt., 24 xxii; O. Wolcott on, 126, 128, 132 Jewett, Joseph: j.p., 15 Judiciary Act of 1789 (U.S.): and U.S. Jewett City (Griswold): factory in, 267n court system, xxxvii Jewitt, Joseph: j.p., 147 Judson, Andrew T.: biog., 139n; clerk, Jews: amerlioration soc., xlviii; and di- H.R., 139, 139n; j.p., 16, 149; rep. vorce, xlviii; and Sabbath, xliii Canterbury, 138; vote in H.R., 327; Johnson, Amos: j.p., 14; rep. Southbury, votes for, 139n 137; vote in H.R., 327 Judson, Daniel: j.p., 16, 149 Johnson, Asa: to form canal co., 253 Judson, David: and Fairfield Academy, 76 Johnson, Daniel: j.p., 18 Judson, Gideon: j.p., 14, 146 Johnson, Ebenezer: j.p., 146 Judson, Lemuel: j.p., 15, 149 Johnson, Ebenezer M.: lt., 158 INDEX TO VOLUME XXI 373

Judson, William: incompetent, estate of, Kibbe, Silas: capt., 168 94–95 Kibbe (Kibbee), Walter R.: j.p., 19, 152 Juries, jurors: in Chaplin, 200, 200n; on Kidston, Andrew: j.p., 14, 146 civil actions, xx, xx(n); compensation Kilbourn, Jason C.: ens., 170 of, xx(n); disqualification of, xx(n); O. Killingly, town of: mileage to legislative Wolcott on, 126; in Orange, 201 sessions, 71; rep., 4, 138; road to, 221, Justices of the Peace: apptd., 12–20, 145– 222 52; militia exemption for, xliii, 105n, Killingworth, borough of: fire prevention 314, 314n, 317, 319; powers and du- in, 200, 200n; lottery request from, xli ties of, xviii, xx, 50–51, 74, 123, 129, Killingworth, town of: inhabitants of, 193, 193n; in Windham County, 9n 135n; mileage to legislative sessions, 72; rep., 5, 138; tpk. in, 295 K Kimball, Harry: 1st lt., 46 Keach, Elijah: j.p., 13, 145; lt., 26 Kimball, William: j.p., 147 Keeler, William: prop. is boundary, 105 Kimberly, David: j.p., 146 Kellogg, Charles: capt., 37 Kimberly, Dennis: col., 20; lt. col., 20 Kellogg, George C.: ens., 169 Kimberly, Ezra: j.p., 14, 146 Kellogg, Isaac: j.p., 18, 150 King, Artemas: ens., 34 Kellogg, Martin, Jr.: j.p., 13, 145 Kingdom of Grace Merits Universal Pa- Kellogg, Nathaniel O.: ens., 168 tronage, The (L. Weld, 1821): election Kellogg, Norman: 1st lt., 173 sermon, 60n Kellogg, Oliver: j.p., 18, 150 Kingsbury, Andrew: and partisan politics, Kellogg, Truman: cornet, 173 xvii(n) Kellogg, William: j.p., 17, 150 Kingsbury, John: col., 20; j.p., 14, 146; Kelsey, David: j.p., 19, 151; rep. Killing- probate judge, 11, 144 worth, 138; vote in H.R., 327 Kingsbury, Lemuel: j.p., 13 Kelsey, David: lt., 27 Kingsley, Alpheus, Jr.: ens., 39 Kelsey, Wyllys D.: ens., 160 Kingsley, Elisha M.: 3d lt., 43 Kemp, James: to form seminary, 84 Kingsley, John: ens., 25; lt., 158 Kemper, Jackson: to form seminary, 84 Kingsley (Kingsly), Luther: j.p., 17, 149; Kenda1l (Kendal), John, Jr.: cornet, 41; rep. Mansfield, 138; vote in H.R., 327 2d lt., 172 Kingsley, Nathan: ens., 163 Kent, town of: inhabitants of, 73n; mile- Kingsley (Kinglsy), Oliver: rep. Lebanon, age to legislative sessions, 71; rep., 4, 138; vote in H.R., 327 138; signpost in, 193 Kingsley, Pardon: j.p., 17, 149 Kentucky, state of: and federal-state rela- Kinne (Kinney), Sterry: j.p., 17, 149; rep. tions, 124, 124n Voluntown, 138; vote in H.R., 327 Kenyon, Thomas: lt., 158 Kinney, Elijah: lt., 30 Key, Francis S.: to form seminary, 84 Kinney, Lot: j.p., 15, 147 Keyes, David: bank commissioner, 203; Kinney, Newcomb: pet. for tpk., 293 rep. Ashford, 4, 137; vote in H.R., 327 Kirk, Thomas: alien pauper, 102 Keyes, Edward: j.p., 16, 149 Knapp, Bushnell: j.p., 18, 150 Kibbe, Amariah: rep. Somers, 5 Knapp, John: capt., 28 Kibbe, Amariah, Jr.: maj. gen, 152; rep. Knapp, Samuel W.: 4th lt., 44 Somers, 139; vote in H.R., 327 Knapp, William: j.p., 16, 148 Kibbe, Horatio: capt., 36 374 INDEX TO VOLUME XXI

Knight, Jonathan: to form insane asylum, Learned, George: j.p., 17, 149 241 Leavins, Roland: j.p., 149 Knowlton, David 2d: j.p., 149; rep. Ash- Leavitt, Sheldon C.: rep. Bethlehem, 138; ford, 137; vote in H.R., 327 vote in H.R., 327 Leavonworth, Andrew: rep. Huntington, 3 L Lebanon, town of: mileage to legislative Labor: O. Wolcott on, xii, xl, 300–1, 307 sessions, 71; rep., 4, 138; state paupers Lacey, Noah A.: j.p., 16, 148 in, xli, 102 Ladd, Jacob: j.p., 19, 152 Lee, Aaron: rep. Ridgefield, 3, 137; vote Ladd, Uriah: capt., 35 in H.R., 327 Ladd, William: ens., 35 Lee, Frederick: j.p., 14, 146 Lamb, Enoch: capt., 27 Lee, Ira: rep. Chatham, 5 Lambert, Benjamin L.: j.p., 146 Lee, John, Jr.: ens., 164 Lambert, Nehemiah: j.p., 17, 150 Lee, Thomas: j.p., 12, 145 Landon, George: j.p., 14, 146 Leech, Menasseh M.: ens., 157 Landon, Nathaniel R.: lt., 29 Leonard, Rufus: rep. Stafford, 5 Lane, Dan: comt. on tpk., 89, 271, 271n Leonard, Spicer: ens., 26; lt., 160 Lane, David: j.p., 15, 148; rep. New Fair- Lester, Elijah: rep. Griswold, 137; vote in field, 137 H.R., 327 Lane, William: alien to hold prop., 279 Lester, John: j.p., 17, 149 Langdon, Jabez: j.p., 12, 145 Lester, Nicholas L.: rep. Groton, 137; Langmuir, Alexander: alien to hold prop., vote in H.R., 327 96 Lester, Sessions: j.p., 17, 149; rep. Plain- Langworthy, John, Jr.: j.p., 15, 147; rep. field, 138; vote in H.R., 327 North Stonington, 3 Lester, Simeon: ens., 35 Lanman, James: j.p., 14, 147–48 Lewis, Chauncey: j.p., 146 Latham, Isaac: capt., 37 Lewis, Hart: j.p., 145 Lathrop, Eleazer L.: 2d lt., 45; 1st lt., 176 Lewis, Isaac: j.p., 16 Lathrop, Ezra: j.p., 14, 147; rep. Bozrah, 3 Lewis, John L.: sheriff, 152 Lathrop, Septemius: lt., 35 Lewis, Joseph: j.p., 15 Lathrop, Seth E.: ens., 24 Lewis, Joseph T.: capt., 163 Law, Lyman: to form Grand Lodge, 80 Lewis, Joseph Z.: ens., 31 Law, William: j.p., 14, 146 Lewis, Ozias: j.p., 17, 150 Law of nations: O. Wolcott on, xxviii Lewis, Warren: ens., 34 Law of nature: O. Wolcott on, 125 L’Hommedieu, Benjamin: capt., 167 Lawrence, Isaac: to form seminary, 84 Library of Congress: acts and statutes for, Lawson, David: rep. Union, 5, 139; vote 67, 213 in H.R., 327 Liens: O. Wolcott on, 300, 301. See also Lawson, Robert: j.p., 19 Attachments. Lawton, Josiah: alien to hold prop., 279 Lieutenant Governor (Conn.): elected, Lay, Willoughby L.: j.p., 14, 146 5–6, 139–40; present, 1, 135; re- Leach, Daniel, Jr.: divorce of, 97 vised statutes for, 67; sworn, 7, 141; Leach, Lydia: divorce of, 97 votes for, 6, 139. See also Ingersoll, Leaming, Jeremiah Fisher: to form manu- Jonathan. facturing co., 261–63 Light Artillery: officers apptd., estab- Learned, Ebenezer: j.p., 14, 147 lished, 44–46, 153, 154, 176–78; or- INDEX TO VOLUME XXI 375

ganization of, xxiii(n); training of, Lloyd, Thomas: School Fund debtor, 102, xxiii, 72, 218, 218n. See also Militia, 102n Military. Lockwood, Daniel: j.p., 148; lease by, 105; Limited Partnerships: act on, xxxviii– rep. Stamford, 137; vote in H.R., 327 xxxix, 179–81, 179n; O. Wolcott on, Lockwood, Isaac: j.p., 16, 148 xxv, xxxviii–xxxix, 302–3, 302n Lockwood, Samuel, Jr.: lease by, 105 Lincoln, William: prop. is boundary, 285 Lockwood, Stanley: lt., 165 Lines, Benjamin: rep. Ridgefield, 3 London, England: American consul in, Lines, Stephen C.: j.p., 16, 148 281; inhabitants of, 280; soc. formed Linsley, Ebenezer, Jr.: rep. Branford, 2, in, xlviii 136; vote in H.R., 327 Long, Zelotes: j.p., 19, 152 Linsley, Eliakim: 4th lt., 42 Long Island Sound: as boundary, 86, 232; Liquor, malt beverages, and wine: Hart- steam navigation in, xxvi, xxvii, 210, ford Brewing Co. inc., 109–11, 109n; 211, 323, 329, 332, 334, 337 O. Wolcott on, xviii, xxv, xxxiii, xlix, Longmeadow, Mass.: jurisdiction over, 120, 312–13; and temperance move- 225; in survey, 221, 223, 229 ment, xlix Loomis, Abiel A.: j.p., 151 Lisbon, town of: mileage to legislative Loomis, Asa: capt., 38 sessions, 70; rep., 3, 137; taxation in, Loomis, Eleazer 2d: lt., 39 l; tpk. in, 108 Loomis, Hiram: ens., 33 Litchfield, county of: canal in, 244n; com- Loomis, James: j.p., 13, 145 mon pleas judges apptd., 10, 12, 143; Loomis, Joel: j.p., 15, 147; rep. Lyme, court of common pleas in, 49, 283–84; 137; vote in H.R., 210n j.p.s, 5n; j.p.s apptd., 17–18, 150–51; Loomis, Joel: ens., 37 sheriff apptd., 152; superior court in, Loomis, Lester: ens., 38; lt., 169 49; supreme court of errors in, 49 Loomis, Luther: rep. Suffield, 2, 136 Litchfield, probate district of: judge ap- Loomis, Roger: lt., 39 ptd., 10, 143 Lord, Daniel 2d: 2d lt., 173 Litchfield, school districts in: school fund Lord, Ephraim: ens., 164 monies for, 288–89, 289n; school Lord, Joseph: ens., 32; lt., 164 money for, 292–93, 293n Lord, Ralph: capt., 37 Litchfield, town of: bank in, 206n; chari- Lord, Richard: in H.R. proceedings and table organization in, xlviii; gover- debates, 315–16, 319, 322; j.p., 19; rep. nor’s residence, 281; inhabitants of, East Haddam, 5, 138; vote in H.R., 327 xx(n), xxviii, 104; mileage to legisla- Lotteries: requests for rejected, xli–xlii, tive sessions, 71; rep., 4, 5n, 138; tpk. xlii(n) in, 91, 277 Lounsbury, John D.: ens., 40 Litchfield Law School: students at, 5n Lovejoy, Ezekial: pet. against tpk. co., Literature and religion: act on, 1816, xlii, 296n 55, 55n Lowe, John G.: alien to hold prop., 279 Little, Samuel: j.p., 149 Lum, Henry: payment to, 103 Little River (Hartford): as boundary, 81 Lum, Reuben, Jr.: ens., 157 Livingston, Robert R.: and N.Y. steam- Lum, William: capt., 177 boat monopoly, xxvi, 324, 325, 325n, Lumber and wood products: inspection 326 of, 181, 185–86, 189 376 INDEX TO VOLUME XXI

Lusk, Levi: rep. Wethersfield, 136; vote in Manwaring (Manwarring), Christopher: H.R., 327 j.p., 15, 147; rep. New London, 3, 137; Lyman, Erastus: rep. Goshen, 138; vote in vote in H.R., 327 H.R., 327 Marchant, Coates (Cortes?): ens., 171 Lyman, Gaius: j.p., 145 Mariners: and seal fisheries, xxxix; wages Lyman, Simeon: lt., 164 of, 300–1 Lyme, first school soc. of: payment to, Maritime vessels (General): statute on on, 105 59n Lyme, second Baptist soc. of: lottery re- Markham, Nathaniel, Jr.: rep. Chatham, quest from, xlii(n) 138; vote in H.R., 327 Lyme, town of: ferry at, 272; mileage to Marks, David: in H.R. proceedings and legislative sessions, 70; rep., 3, 137; debates, 322; rep. Burlington, 136; tpks. in, 273, 293, 294 vote in H.R., 327 Lynde, William: j.p., 19, 151; probate Marks, Hezekiah: j.p., 16, 148 judge, 11, 144 Marks, William: j.p., 12, 145 Lynes, Daniel: lt., 40 Marlborough, town of: mileage to legisla- Lyon, Isaac: ens., 161 tive sessions, 69; rep., 2, 136 Lyon, Joseph L.: j.p., 15, 147 Marsh, Daniel: 1st lt., 46 Marsh, David: maj., 21 M Marsh, George: ens., 47 Middlebury College: mentioned, 311n Marsh, Tracy: capt., 34 Machias (Mack), ------: alien pauper, 102 Marshall, Hermanus: j.p., 18, 150 Mack, Calvin C.: lt., 169 Marshall, John, U.S.chief justice: opinion Madison, James, U.S. president: and eco- by, xxxvi nomic development, xiii Marshall, John W.: alien to hold prop., Main Street (Hartford): as boundary, 198 280 Mallory, Amasa, Jr.: ens., 38 Marshall, Seth: j.p., 17, 150 Mallory, Elisha B.: capt., 31 Martin, Erastus: prop. is boundary, 231 Maltby, Degrasse: j.p., 14, 146 Martin, George: prop. is boundary, 231 Mann, Andrew: j.p., 19, 152 Martin, Gideon: 1st lt., 174 Mann, Benning (Bening): j.p., 19, 152 Martin, Nathaniel F.: j.p., 16, 149 Mansfield, Lucius: ens., 34 Marvin, Barnabas: j.p., 16, 148 Mansfield, town of: Chaplin formed from, Marvin, Matthew: j.p., 16, 148 230, 231; mileage to legislative ses- Maryland, state of: 2BUS in, xxxvi; cord- sions, 71; rep., 4, 138; tpk. in, 92 wainers in, 79n; resolutions on educa- Manufacturing, factories, industry (Gen- tion and western lands, xxiv, xlv, 62– eral): in Chaplin, 230n; economic 64, 62n, 120–21; road from, xiii conditions in, xii, xiii, xxxvii, xxxix, Mason, Henry: rep. New London, 3 202n; O. Wolcott on, xviii, 116, 117– Mason, Joseph D.: maj., 154 18, 118, 120, 298, 299, 300, 301, 306; Mason, Thomas: alein to hold prop., 96 in revised statutes, 59n; routine actions Masons: grand lodge of, xlviii, 80, 80n on, l; tax exemptions for, xxxiv, 315 Massachusetts, commonwealth of: canals Manufacturing, factories (Specific). See in, xxix, xxx, xxxi, 244n, 245, 245n, Corporations formed. 253, 253n, 254; Conn. boundary with, xxv–xxvi, 9n, 216–17, 217n, 219–29, 219n; lands in, 102, 215; provisions INDEX TO VOLUME XXI 377

from, 188; R.I. boundary with, 224; Meeker, William: capt., 40; rep. Brook- tpks. in, 88, 89n, 108; and U.S. lands, field, 137 62n Meigs, Bazaleel J.: 1st lt., 174 Mather, Samuel B.: comt. on tpk., 291; Meigs, John F.: j.p., 14, 146 j.p., 15, 147 Meigs, Samuel: j.p., 146 Mather, Thomas: apptd. bank director, 142; Men: and religion, xlvi–xlvii; and social bank commissioner, 75; j.p., 19, 151 reforrm, xlvii–xlviii Mather, William: j.p., 13, 145 Meriden, town of: boundary of, 290, Matthewson, Darius: rep. Pomfret, 4 290n; mileage to legislative sessions, Mattoon, Joel: 1st lt., 23 69; rep., 3, 136 McClellan, John: in H.R. proceedings Merrick, George: j.p., 13, 145 and debates, xxvii, 320, 322, 325–26, Merrills, John: j.p., 17, 150; rep. 325n; j.p., 17, 149; rep. Woodstock, Barkhamsted, 4 138; vote in H.R., 327 Merrills, John: cornet, 174 McCulloch v. Maryland (1819): and Merriman, Asahel: j.p., 146 2BUS, xxxvi, xxxvii Merriman, Charles: j.p., 18, 150 McDermott, Michael: alien to hold prop., Merriman, Titus: rep. Bristol, 136; vote in 279 H.R., 327 McIntosh, Clarke: capt., 23 Merritt, Freeman: lt., 169 McLean, Francis: j.p., 19, 152; rep. Ver- Merwin, Jonas .: payment for military ser- non, 5, 139 vice, 98 McMahon, Constantine: to form canal Merwin, Jonas F.: j.p., 146 co., 253; j.p., 18, 150 Merwin, Orange: biog., 1n; canal com- Mead, Drake: ens., 28; lt., 161 missioner, 259; comt. on tpk., 296; Mead, George: ens., 171 elected senator, 7, 140; j.p., 18, 150; Meat: inspection of, 181–82n, 181–83, senator, 1, 135; sworn, 8, 141; vote in 188 senate, 210n Mechanics: mentioned, 120; wages of, xl, Metcalf, Horace: maj., 21 300, 301, 307 Methodists, Methodist Church: members Mechanics’ Bank of New Haven: and of, 9n Farmington Canal Co., xxx Middle River (Danbury): as boundary, Medical Convention: powers of, 197–98 234 Medical infirmaries: tax exemption for, Middle Road Tpk. Co.: pet. for division, xxxiii, 212 294, 294n Medical Institution of Yale College: act Middlebrook, Charles O.H.: cornet, 44 on, 197–98, 197n Middlebrook (Middlebrooks), Elijah: j.p., Medical societies: dues and taxes of, 197– 16, 148; rep. Trumbull, 137; vote in 98, 197n H.R., 327 Medical Society of Connecticut: and Yale Middlebury, town of: mileage to legisla- medical institution, 197n tive sessions, 69; rep., 3, 136 Mediterranean Sea: mentioned, 117 Middlesex, county of: common pleas Meech, Stephen: j.p., 15, 147 judges apptd., 10, 12, 143; court of Meeker, Arza: ens., 171 common pleas in, 49; j.p.s apptd., 19, Meeker, Daniel: cornet, 176; 4th lt., 176 151; j.p.s in, 135n; partisan politics in, Meeker, Jonathan: j.p., 16, 148 xvii; sheriff apptd., 152; superior court in, 49; supreme court of errors in, 49 378 INDEX TO VOLUME XXI

Middlesex Canal, Mass.: development of, Miller, James: prop. of, 285 xxix Miller, Joseph: j.p., 18, 150 Middletown, Durham, and New Haven Mills: water rights for, xli Tpk. Co.: gates of, 90, 90n Mills, Isaac: canal commissioner, 251; Middletown, 2nd eccl. soc. of: lands in, common pleas chief judge, 10, 142; 103–104 j.p., 14, 146; probate judge, 10, 143 Middletown, north eccl. soc. of: prop. in, Mills, Jared, Jr.: j.p., 12 285 Mills, John: j.p., 17, 150 Middletown, probate district of: judge ap- Mills, Lawrence: rep. Norfolk, 4 ptd., 10, 143 Mills, Michael F.: j.p., 18, 150; probate Middletown, town and city of: factory judge, 144 in, 264n, 265; fire prevention in, 287, Mills, Philo: to form canal co., 253 287n; inhabitants of, 9n, 277, 290; Mills, Roger: canal commissioner, 245n, lands, stone quarries in, l, 103–104, 251; rep. New Hartford, 138; vote in 104n, 285–87, 285n; meeting place, H.R., 327 241; mileage to legislative sessions, Mills, Samuel P.: j.p., 15, 148 72; newspaper to print notice, 241; Miner, Archibald: j.p., 14, 146 rep., 4, 138 Miner, Cyrus: 1st lt., 43 Middletown and Waterbury Tpk.: tpk. to, Miner, Jesse: j.p., 18, 150 92 Miner, John O.: j.p., 15, 147 Middletown Bank: comissioner apptd., Miner, Matthew, Jr.: j.p., 150 75; director apptd., 142 Miner, Phineas: j.p., 17, 150 Migration: from and to Conn., xxxvii, Miner, Silas: j.p., 18 118, 309 Miner, Simeon H. (Minor): j.p., 16, 148; Milford, town of: mileage to legislative probate judge, 10, 144 sessions, 69; Orange formed from, Miner, Thomas: to form insane asylum, 232–34; rep., 3, 136 241 Militia, Military: acts on, xxii, xxiii, 52, Minor, Simon: rep. Roxbury, 4 52n; adjutant gen. of, xxiii, xxiii(n), Minors (General): real estate of, xxv, 191, 213n; artillery pieces for, xxiii, 73, 191n 73n; exemptions from duty, xxiii, 105, Missionary Society of Connecticut: con- 105n, 314, 314n, 317, 319; exemp- tributions to, xlii, xlii(n); donations to, tions from taxation, 321; O. Wolcott 316, 316n on, xxii–xxii, 112–13; officers apptd., Missouri controversy: and Conn. politics, established, 20–47, 152–78; organiza- xviii; mentioned, 9n; resolved, xi; and tion of, xxii–xxiii, 112–13; payments slavery, xlvi to officers, 104–105; Republican poli- Mitchell, Elnathan: cornet, 174 cies on, xvii(n); training and exercise Mitchell, Thomas: j.p., 18, 150 of, xxii, xxiii(n), 72–73, 73n, 113, Mitchell, Timothy: j.p., 150; rep. Wash- 218, 218n. See also Adjutant General; ington, 138; vote in H.R., 327 Artillery; Cavalry; Captain General; Mitchell, Zebidee: capt., 30 Governor’s Foot Guards; Governor’s Mitchelson, Ariel: prop. is boundary, 107, Horse Guards; Horse Artillery.Infan- 275; rep. Simsbury, 2 try; Light Artillery; Riflemen. Mix, ------: prop. is boundary, 232 Miller, Asher: common pleas chief judge, Mix, John: j.p., 13, 145; rep. Farmington, 2 10; j.p., 19; probate judge, 10 INDEX TO VOLUME XXI 379

Mix, William: j.p., 14, 146; rep. New Ha- Moseley, Jonathan O.: former congress- ven, 2, 136; vote in H.R., 327 man, 9n Mix, William: capt., 161 Moseley, Truman: rep. Southbury, 3 Mohegan Indians: pets. by, xlvi, xlvi(n) Moseley, William: biog., 136n; canal Molton. See Moulton. commissioner, 251; comt. on election Monroe, James, U.S. president: and eco- sermon, 214; comt. on tpk., 296; elect- nomic development, xiii, xviii; on ed senator, 141; j.p., 12, 145; senator, panic and depression, xii; re-election 135; sworn, 141; vote in senate, 210n of, xi; second inaugural address of, Moses, Austin: counterfeit notes by, 101 115, 115n, 116 Moses, Chauncey: lt., 166 Monroe Bank: proposed name, 206n Moss, Joel, Jr.: ens., 170 Monson. See Munson. Moulton (Molton), Charles: j.p., 16, 149 Montville, town of: ferry at, 282; inhab- Muhammed (Mahomet), prophet of Is- itants of, 280–81; mileage to legisla- lam: mentioned, 320 tive sessions, 70; Mohegan Indians in, Munger, Elizur: rep. Norfolk, 4 xlvi; propsed tpk. in, 293; rep., 3, 137; Munn, George W.: lt., 34 roads and bridges in, 294, 294n Munson (Monson), Aeneas (Eneas), Jr: Moore, John 2d: capt., 24 j.p., 14, 146 Moore, Perry: 2d lt., 173 Munson (Monson), Elisha: j.p., 14, 146; Moore, Richard Channing: to form semi- land sale by, 96; pet. on burying nary, 84 ground, 82 Moore, Roswell: rep. Southington, 2 Munson (Monson), Hunn (Hiram?): j.p., Moore, Selden: lt., 35 14, 146 Morehouse, Dimon: 2d lt., 174 Munson, Norman: capt., 30 Morehouse, Hawley: maj., 21 Munson, Samuel: j.p., 18, 150; rep. Morgan, Albert: ens., 36 Barkhamsted, 138; vote in H.R., 327 Morgan, Avery: j.p., 147 Munson, town of, Mass.: boundary of, 229 Morgan, Elisha: ens., 27; lt., 27 Mutual Benevolent Soc. of Cordwain- Morgan, John: ens., 28 ers (New Haven): inc., xlvii–xlviii, Morgan, Joseph: j.p., 15, 147; rep. Salem, 79–80, 79n 137; vote in H.R., 327 Myers, William: theft from, 281 Morgan, Nathan: 2d lt., 155 Morgan, Roswell: j.p., 14, 147 N Morgan, Samuel C.: j.p., 147 Nachaug (Natchaug) River: fisheries in, Morgan, Sanford: lt., 161 213; manufacturing on, 230n Morgan, W.H.: and estate, 93 Narragansett Bay, R.I.: canal to, xxix Morris, James: comt. on tpk., 277 Narragansett River: as boundary, 220 Morse, Abraham: reward to, 104 Nash, Ebenezer, Jr.: j.p., 19, 152 Morse, Benajah: rep. Wallingford, 137; National Republicans: in national politics, vote in H.R., 327 xii Morse, Jarvis: on Conn. politics, xvii, National Road: J. Monroe and, xiii xxxviii Neale, Joel: ens., 32 Morse, Peter: j.p., 16, 149 Neff, Samuel: liberated prisoner, 287 Mortgages: O. Wolcott on, 300, 304 New Canaan, town of: mileage to legisla- Moseley, John: to form canal co., 253; tive sessions, 70; rep., 3, 137 j.p., 14, 146 380 INDEX TO VOLUME XXI

New England: canals in, xxix; founders New London, county of: common pleas of, 297–98 judges apptd., 10, 12, 142; court of New Fairfield, town of: fees paid to, 98– common pleas in, 48, 135n; j.p.s. in, 99; mileage to legislative sessions, 70; 135n; j.p.s apptd., 14–15, 147–48; rep., 3, 137 newspaper to print notice, 207; sheriff New Hartford, town of: canal in, 245; apptd., 152; superior court in, 48, 195, mileage to legislative sessions, 71; 195n; supreme court of errors in, 48, rep., 4, 138 195, 195n New Haven, county of: canal in, 244n; New London, probate district of: judge common pleas judges apptd., 10, 12, apptd., 10, 143 142; court of common pleas in, 48; New London, town and city of: courts j.p.s apptd., 14, 146–47; partisan poli- held in, 48; ferry in, 282; inhabitants tics in, xvii; sheriff apptd., 152; sheriff of, 101n, 325; mileage to legislative in, 216; superior court in, 48; supreme sessions, 70; newspaper to print no- court of errors in, 48 tice, 83, 89, 108, 294, 295; rep., 3, New Haven, probate district of’: judge 137; superior court in, 195, 195n; su- apptd., 10, 143; Orange in, 201, 201n preme court of errors in, 195, 195n; New Haven, town and city of: bridges in, tpks. in, 271n, 294 275, 295; burying ground in, 82, 82n; New London and Lyme Tpk. Co.: tpk. to, canal from, xxx, 244n, 245; charitable 89; tpks. to, from, 271, 271n organizations in, xlvii–xlviii, 79–80, New Milford, probate district of: judge 79n; fire prevention in, 199, 199n; in- apptd., 11, 144 habitants of, xxvii, xliv, 65n, 96, 97, New Milford, town of: canal in, 254; in- 280, 281; inspectors in, 181; meeting habitants of, 1n; mileage to legislative place, 80; mileage to, from, 68–72; sessions, 71; rep., 4, 138 newspaper in, iv; newspaper to print New York, city of: banking in, 203, 206n; notice, 89, 241, 263, 294, 294n, 295; insurance companies in, 287n; news- Orange formed from, 232–34, 232n; paper to print notice, 77; O. Wolcott public transportation in, 326; rep., 2, in, xiv; printers in, 73n; steam naviga- 136; scientific journal published at, tion in, 211, 326; theological seminary 311; steam navigation in, 323, 324, in, xlii, 84n; U.S. customs house in, 324n; theological seminary in, xlii, 331 83–85, 84n; tpks. in, 91, 275, 275n, New York, state of: cordwainers in, 79n; 276, 295, 295n corporations in, xxxix; Erie Canal New Haven and Northampton Canal Co. in, xiii, xxix, xxx; flax dressing in, (Mass,): reorganized, xxx 218n; manufacturing in, 120; provi- New Haven Bank: commissioner apptd., sions from, 182n, 186, 188; and public 75; director apptd., 142 lands, 62n; steamboat monopoly in, New Haven Fire Insurance Co.: dis- xiii, xiii(n), xv, xxvi–xxviii, 210–11, solved, 287, 287n 323–38 New Jersey, state of: inhabitants of, New York Agricultural Society: and flax 60n; manufacturing in, 120; and N.Y. dressing, 218n steamboat monopoly, xxvi, 323, 324, Newberry, Henry: rep. Windsor, 136; vote 325, 325n; statute on debt and credit, in H.R., 327 303–4, 303n Newberry, James: rep. Windsor, 2 Newcomb, Cordial: 2d lt., 45 INDEX TO VOLUME XXI 381

Newell, Cromwell: capt., 32 Noble, Elijah B.: ens., 165 Newell, Jared: j.p., 13, 145; rep. Hartland, Nooks Manufacturing Co.: inc., 264–67, 2 264–65n Newgate Prison: act on, 198, 198n; build- Norfolk, probate district of: judge apptd., ings and lands of, xlvi, 74, 74n, 218; 10, 144 chaplains at, xlvi, xlvi(n), 218, 218n; Norfolk, town of: mileage to legislative charges of corruption at, xlvi(n); sessions, 71; rep., 4, 138 guards at, xlvi, xlvi(n), 198, 198n; Norris, Samuel: lt. col., 20 O. Wolcott on, xlv–xlvi, 114–15; North (U.S. region): antislavery in, xi; overseers apptd., xlvi, 142; overseers and economic development, xxix of, 74, 74n, 198; prisoners in, xlvi, North, Asahel: pet. on school fund debt, xlvi(n), 74n, 287, 292 288 Newton, David B.: j.p., 15, 148; rep. Hun- North, David: rep. Hebron, 139 tington, 137; vote in H.R., 327 North, Henry: cornet, 41; 2d lt., 41 Newton, Isaac: and laws of nature, 125 North, Pinney: ens., 169 Newton, Isaac J.: ens., 38 North Haven, town of: mileage to legisla- Newton, Lester: cornet, 173 tive sessions, 69; rep., 3, 136; tpk. in, 90 Newtown, probate district of: judge ap- North Lyme: notice to be posted in, 272 ptd., 11, 145 North Milford, eccl. soc. of: Orange Newtown, town of: inhabitants of, 94; formed from, 232, 232n, 234 mileage to legislative sessions, 70; North Stonington, town of: inhabitants of, rep., 3, 137 281; lands in, 280; mileage to legisla- Nicholl, Charles: ens., 156 tive sessions, 70; proposed probate Nichols, Cyprian: j.p., 145 district in, 295; rep., 3, 137 Nichols, David: j.p., 16 Northampton, Mass.: canal to, xxx Nichols, David, Jr.: j.p., 148 Northrop, David: j.p., 16, 148 Nichols, James: prop. is boundary, 94 Northrop, David, Jr.: ens., 32 Nichols, John, Jr.: j.p., 149; probate Northrop, Ezra G.: capt., 33 judge, 144 Northrop, Isaac: ens., 165 Nichols, John 2d: j.p., 17 Northrop, William: lt., 32 Nichols, Jonathan: j.p., 149 North’s Mill: as boundary, 277 Nichols, Jonathan, Jr.: j.p., 17 Norton, Albert: capt., 164; lt., 32 Nichols, Philip: j.p., 15, 148 Norton, David: rep. Hebron, 139; vote in Nichols, Youngs: 4th lt., 43 H.R., 327 Nicholson, John, Jr.: rep. Thompson, 138; Norton, George: j.p., 13 vote in H.R., 327 Norton, Hiram: ens., 33 Nicoll, John: apptd. bank director, 142 Norton, Joseph G.: to form manufacturing Niles, Amos A.: j.p., 15, 147 co., 264–65; j.p., 145 Niles, John M.: common pleas associate Norton, Lot: j.p., 18, 150 judge, 12, 142; j.p., 12, 145; and party Norton, Sylvester: rep. Burlington, 2 politics, xvi Norwalk, probate district of: judge apptd., Niles, Joshua H.: lt., 39 11, 144 Niles, Nathan: rep. Groton, 3 Norwalk, town of: bridge in, 296n; mileage Niles, Richard: j.p., 13, 145 to legislative sessions, 70; rep., 3, 137 Niles, Rodman: j.p., 15, 147 Norwich, probate district of: judge apptd., Noble, Birdsey G.: to form seminary, 84 11, 144 382 INDEX TO VOLUME XXI

Norwich, town and city of: annual meet- in, 201; in New Haven probate district, ings in, 199, 199n; courts in, 48; fac- 201, 201 n tory in, 267, 267n, 268; inhabitants Ormsbee, Jesse: j.p., 17, 149; rep. Thomp- of, xxii, xl, 65n; mileage to legisla- son, 138; vote in H.R., 327 tive sessions, 70; newspaper to print Osborn, Loveman: lt., 38 notice, 83, 293, 295; propsed tpk. in, Osborn, Thomas B.: j.p., 148 293; rep., 3, 137; school in, xliv, 78, Osborn v. Bank of the United States 78n; superior court in, 195, 195n; su- (1824): and 2BUS, xxxvi, xxxvii preme court of errors in, 195, 195n Otis, Asahel: j.p., 15, 147; rep. Montville, Norwich and Woodstock Tpk. Co.: com- 137; vote in H.R., 327 missioners apptd., 75, 75n; toll gates Otis, Joseph: 3d lt., 175; 4th lt., 175 of, 108, 108n Ousatonic Canal Co.: inc., 253–61, 253n Norwich Channel Co.: tolls of, xxix, 82– Ousatonic River. See Housatonic River. 83, 82–83n, 288, 288n Oxford, town of: mileage to legislative Nott, Clark: j.p., 19, 151 sessions, 69; rep., 3, 137; road from, Noyes, Joseph: j.p., 147 221, 222; tpk. in, 275 Noyes, Joseph, Jr.: lt., 28 Nye, Hezekiah: rep. Tolland, 5, 139; vote P in H.R., 327 Pachaug Manufacturing Co.: proposed name, 267n O Packer, Ebenezer: j.p., 147 Oaths: for executive officers, 50, 50n; Packer, Ebenezer A.: j.p., 15 for inspectors of provisions, 188; for Packer, Roswell: capt., 161 legislative personnel, xxv, 194–95; for Packets and Passenger Boats: on canals, paupers, xl 249, 258 Odell, William: capt., 178 Paddock, Seth: rep. Middletown, 4 Ohio, state of: and 2BUS, xviii, xxxvi– Page, Benjamin: j.p., 14, 146 xxxvii, 64–65, 64n, 121–32, 121n; ca- Page, Jason: maj., 21 nals in, xxix; lands in, 102; and N.Y. Palmer, Aaron C.: j.p., 151 steamboat monopoly, 323, 324, 325n Palmer, Brainard: cornet, 175; 3d lt., 175; Olcott, Austin: biog., 135n; elected sena- 4th lt., 175 tor, 141; j.p., 19, 151; senator, 135; Palmer, Cyrus: lt., 36 sworn, 141; vote in senate, 210n Palmer, Denison: j.p., 15, 147 Olcott, Benoni: school district comt., 288 Palmer, Edward: ens., 29 Old Mill Creek (Stratford): as boundary, Palmer, Samuel: lt., 33 86 Palmer, William: rep. East Haddam, 5, Olmsted, Aaron: lt., 40 138; vote in H.R., 327 Olmsted, Aaron F.: lt. col., 22 Palmer Road: in Chaplin, 231 Olmsted, Charles H.: 2d lt., 178 Pameacha Manufacturing Co.: to manu- Olmsted, Lynds: 1st lt., 155 facture machinery, 289, 289n Olmsted, Nathaniel: lt., 32 Panic and Depression of 1819: impact Olmsted, Solomon: capt., 45 of, xi–xii, xiv, xviii, xxxvii, xliv, 118; Olmsted, Zachariah: j.p., 14, 147 O. Wolcott on, 306; role of banks in, Orange, town of: bridges in, 233; inc., l, xxxiv 232–34, 232n; Indians in, 219n; jurors Pardee, Jared W.: j.p., 145 INDEX TO VOLUME XXI 383

Parents and guardians: of Yale students, Peet, Abijah C.: j.p., 18, 150 196–97 Pelton, Elisha: lt., 37 Parish, Jeremiah: j.p., 19, 152 Penalties. See Fines and penalities. Parish, John: j.p., 16, 149 Pendleton, Nathan: brig. gen., 152; j.p., Park, Israel P.: j.p., 147 15, 147; rep. North Stonington, 137; Park, Shubael: j.p., 147 vote in H.R., 327 Parker, Merit: ens., 24 Pennsylvania, state of: canals in, xxix; Parker, Richard L.: lt., 27 cordwainers in, 79n; inhabitants of, Parker, Simeon B.: lt., 34 325; manufacturing in, 120 Parkhurst, Pierce, Jr.: 2d lt., 177 Pepper, Mary: estate of, 289 Parkiss, Aaron: j.p., 152 Pepper, Michael: estate of, 289 Parks, Shubael: j.p., 15 Perkins, Abraham: prop. is boundary, 273 Parmele, Joel: capt., 161 Perkins, Archibald A.: j.p., 14, 146 Parmele, Phineas: ens., 159 Perkins, Charles: j.p., 14, 147 Partnerships. See Limited Partnerships. Perkins, Elias: common pleas chief judge, Partridge, Elisha: j.p., 15, 147 10, 142; comt. on Maryland resolu- Pasco, Jonathan: j.p., 13, 145 tions, 64; elected senator, 7, 140; j.p., Paugussett Indians. See Golden Hill 14, 147; president pro tempore, senate, Indians 136n; senator, 1, 135; sworn, 8, 141; Paukatannac Cove: fisheries at, 196n vote in senate, 210n Paul, Jesse E.: 2d lt., 177 Perkins, George: j.p., 14, 147 Pawcatuck (Paucatuck) Bridge: proposed Perkins, Henry: j.p., 15 tpk. to., 293, 293n Perkins, Isaac: administrator, 93 Pawcatuck (Paucatuck) River: as bound- Perkins, Joshua: and Chelsea Grammar ary, 217, 217n School, 78n Payne, Abraham W.: j.p., 17, 149 Perkins, Samuel: j.p., 17, 149 Payne (Paine), John: j.p., 17, 149; rep. Perkins, Thomas Shaw: j.p., 15, 147 Woodstock, 4 Perry, Benjamin: ens., 25 Peabody, Benjamin, Jr.: capt., 28 Perry, Charles: lt., 157 Pease, Augustus T.: maj., 154 Perry, Eliphaz: prop. of, 228 Pease, Lorrain T.: j.p., 13, 145; probate Perry, Marshal: 2d lt., 178 judge, 144 Perry, Nathaniel: j.p., 18, 150 Pease, Oliver: j.p., 13, 145; probate judge, Perry, Nathaniel P.: comt. on tpk., 92; j.p., 145 17, 150; rep. Kent, 138; vote in H.R., Pease, Richard, Jr.: lt., 36 327 Pease, Walter: ens., 36 Perry, Samuel: ens., 25 Peck, Bela T.: 2d lt., 23; maj. cmdt., 23 Peters, John S.: bank commissioner, 203; Peck, Benoni: j.p., 18, 150 comt. on election, 140; elected senator, Peck, Cornelius B.: lt., 156 7, 140; j.p., 19, 152; senator, 1, 135; Peck, Egbert D.: 1st lt., 177 sworn, 8, 141; vote in senate, 210n Peck, George F.: j.p., 14, 146 Peters, John T.: j.p., 12, 145 Peck, Richard: capt., 46 Peters, John T.: capt., 46 Peck, Samuel: j.p., 14, 146 Peters, Robert C.: capt., 27 Peck, Tracey: rep. Bristol, 2 Peters, Samuel A.: comt. on tpk., 291; j.p., Peck, Wyllys: 4th lt., 177 14, 147; rep. Colchester, 137; vote in Peddlers: bill on, xlii(n) H.R., 327 384 INDEX TO VOLUME XXI

Pettibone, Augustus: common pleas chief Physicians: licensing, dues of, xlv, 197– judge, 10, 143; in H.R. proceedings 98, 197n; opinions on fevers in Mid- and debates, 322; j.p., 17, 150; probate dletown, 103 judge, 10; rep. Norfolk, 138; vote in Picket, Daniel A.: rep. New Miford, 4 H.R., 327 Pierce, David: capt., 25 Pettibone, John O.: j.p., 13, 145; rep. Pierce, John, Jr.: j.p., 146 Simsbury, 136; vote in H.R., 327 Pierce, John 2d: j.p., 14 Pettibone, Jonathan, Jr.: canal commis- Pierce, Seth, Jr.: lt., 31 sioner, 251; Newgate overseer, 74, 142 Pierce, Sheldon: lt., 30 Pettipauge: ferry at, 272; tpks. in, 89, Pierce, Titus, Jr.: capt., 30 271n Pierpont, Daniel: j.p., 146; rep. North Ha- Pettipauge and Guilford Tpk. Co.: com- ven, 3, 136; vote in H.R., 327 missioners on, 90–91, 90n; tolls of, Pierpont, David: j.p., 14 291, 291n; tpks. in, 271, 271n Pierpont, Giles, Jr.: j.p., 14 Petty, Seneca: j.p., 150 Pierpont, Russell: j.p., 14, 146 Phelps, Arah: rep. Colebrook, 138 Pinel, Philippe: and treatment of mental Phelps, Benjamin: ens., 38; lt., 169 illness, 240n Phelps, Charles B.: j.p., 18, 150 Pinney, Joseph: j.p., 13, 145 Phelps, Charles S.: lt. col., 153 Pinney, Lott (Lot): prop. is boundary, 107, Phelps, Cyrus: ens., 37 275 Phelps, Elisha: elected senator, 141; for- Pitkin, Calvin: j.p., 19, 152 mer congressman, 9n; j.p., 13, 145; Pitkin, Joseph: j.p., 13, 145–46 probate judge, 11, 144; rep. Simsbury, Pitkin, Samuel: j.p., 13, 145 2; senator, 135, 135n; speaker, H.R., 5, Pitkin, Samuel L.: ens., 156 5n; sworn, 141; vote in senate, 210n; Pitkin, Timothy: comt. on election, 140; votes for, 5n in H.R. proceedings and debates, 58n, Phelps, Epaphras L.: rep. East Windsor, 2, 326; j.p., 13, 145; rep. Farmington, 2, 136; vote in H.R., 327 136; vote in H.R., 327 Phelps, Frederick: ens., 169 Plainfield, probate district of: judge ap- Phelps, Henry J.: lt., 37 ptd., 10, 143 Phelps, Isaac: maj., 21 Plainfield, town of: mileage to legislative Phelps, Launcelot: j.p., 17, 150; rep. sessions, 71; rep., 4, 138 Colebrook, 4 Plant, David: biog., 1n; elected senator, 7, Phelps, Noah A.: guardian, 93; sheriff, 140; j.p., 16, 148; probate judge, 11, 152 144; senator, 1, 135; sworn, 8, 141; Phelps, Ralph R.: rep. East Hartford, 2 vote in senate, 210n Philadelphia, city of: flax dressing in, Plate, William: capt., 156 218n; meeting place, 83; newspaper to Plato: mentioned, 297 print notice, 263; printers in, 73n Platt, Enoch W.: capt., 42 Philip of Macedon: mentioned, 116 Platt, Nathan: j.p., 14, 146; pet. for new Phillips, Samuel H.: j.p., 15, 148; modera- town, 232 tor, 236 Platt, Simeon: ens., 30 Phoenix Bank: branch of, 206n; note Platts, Obadiah: to form tpk. co., 272 counterfeited, 104 Plumb, Noah: j.p., 16, 148 Phoenix Bank (R.I.): bills of, 207 Plymouth, town of: mileage to legislative sessions, 72; rep., 4, 138 INDEX TO VOLUME XXI 385

Plymouth Company, Colony: founders of, Pratt, Henry: rep. Granby, 2 298; grant from, 220 Pratt, Isaac: lt., 39 Polls: taxation of, xxxiv, xliii, 314, 314n, Pratt, Joel: common pleas associate judge, 317, 318–19, 319n, 321 12, 143; to form tpk. co., 272; j.p., 19, Polly, William L.: alien to hold prop., 96 151; pet. for tpk., 294, 294n Pomeroy, Benjamin: j.p., 15, 147; rep. Pratt, John: j.p., 19, 151 North Stonington, 3 Pratt, John C.: capt., 158 Pomeroy, Eleazer: rep. Coventry, 5 Prentice, Charles: 4th lt., 175 Pomfret, probate district of: judge apptd., Prentice, Hezekiah: capt., 177 11, 144 Prentice, Samuel H.: ens., 161 Pomfret, town of: mileage to legislative Prentiss, John: payment to, 104–105 sessions, 71; rep., 4, 138; tpk. in, 108 President (U.S.): election of, xi, 124; Pond, Caleb: to audit accts., 60, 142 mentioned, 123. See also Madison, Pond, Charles H.: moderator, 234; sheriff, James; Monroe, James. 152 Preston, John S.: rep. Harwinton, 138; Pond, Moses: capt., 170 vote in H.R., 327 Porter, Daniel: prop. is boundary, 278 Preston, Nathan: j.p., 18, 151; probate Porter, George W.: ens., 39 judge, 10, 144 Porter, Henry: capt., 37 Preston, Roswell: j.p., 16, 149 Porter, John: capt., 46 Preston, town of: inhabitants of, 289; Porter, Philip P.: 2d lt., 176 mileage to legislative sessions, 70; Porter, Truman: j.p., 14, 146 rep., 3, 137; and Stratford, 86n Porter, Wright: ens., 29 Prior, Augustus: ens., 158 Post, Erastus: cornet, 41 Prisons, penitentiaries (General): O. Wol- Post, Jedidiah: j.p., 19, 151 cott on, xviii, 114; prisoners in, li Post, John H.: lt., 169 Probate. See Court of Probate. Post, Noah P.: ens., 160 Prometheus: legends of, 118 Potter, Caleb: capt., 28 Providence, R.I., town of: bank notes in, Potter, Eber K.: capt., 156 203; canal in, xxix; prisoner in, 281 Potter, Elam O.: j.p., 13, 145; rep. Enfield, Provisions: inspection of, xx, xxv, 181– 136; vote in H.R., 327 89, 181–82n Potter, John: j.p., 14, 146; rep. Branford, 2 Provost, Stephen B.: ens., 161 Potter, Minor: school district comt., 288 Public Statute Laws of the State of Con- Potter, Samuel: lt., 24 necticut, The (1808): mentioned, xviii, Poverty, paupers, poor relief: acts on, xviii(n) xxxi–xxxii, xli, 213n; in Chaplin, 231; Public Statute Laws of the State of Con- collection of data about, 62, 62n; in necticut, The (1821): published, Lebanon, xli, 102; and lotteries, xlii; xix–xxi O. Wolcott on, xviii, xli, 62n, 113–14, Public Statute Laws of the State of Con- 123; in Orange, 232n, 233; in Stratford necticut, The (1824): mentioned, 217n and Bridgeport, 87 Punishments (General): act on, 213n Powers, Enoch: capt., 155 Purchase, John: debt to, 93–94 Pratt, Andrew: j.p., 12, 145 Purchase, Lydia: debt to, 93–94 Pratt, Ezra: j.p., 147 Pratt, George: j.p., 151; rep. Saybrook, 138; vote in H.R., 327 386 INDEX TO VOLUME XXI

Q xxii; and partisan politics, xi, xv–xvii, Quakers: militia exemption for, xliv, 55n, 135n; and taxation, xxxii 105n; and Sabbath, xliii Religion: disestablishment of (1818), xi, Quinebaug River: fisheries in, 213; in sur- xlii, xlvii; gender and, xlvi–xlvii; O. vey, 220, 221, 222 Wolcott on, 125, 132, 298, 310; and Quintard, James, Jr.: j.p., 16, 148; rep. public life, xlii–xliv, xlvii, li; Repub- Norwalk, 3 lican policies on, xvii(n) Quran (Koran): mentioned, 320 Religious organizations: corporate status of, xliv; tax exemption of, xxxiii–xxx- R iv, 212, 212n Racial Minorities: legislative actions on, Representatives (Conn.): attendance xli, xlvi lists, 2–5, 136–39; number of, from Railroads: and economic development, Stratford and Bridgeport, 86n, 87, 88; xiii, xxx privileges of, 317. See also House of Randall, Jedidiah: j.p., 15 Representatives (Conn.). Randall, William: biog., 135–36n; com- Representatives (U.S.): districting pro- mon pleas associate judge, 12, 142; posal for, xxi, xxi(n); E. Phelps as, elected senator, 141; j.p., 15, 147; 135n; election of, xvii–xviii, 8–9; and senator, 135; sworn, 141; vote in sen- fiscal retrenchment, xiv, 66; and Mary- ate, 210n land resolutions, 64; number of, xxv, Randall, William, Jr.: j.p., 15, 147 189, 189n. See also House of Repre- Ranney, Joseph: to clear Middletown sentatives (U.S.). meadow, 104; prop. is boundary, 285 Republicans: in 1820 election, xv; in 1821 Ranney, William: to clear Middletown election, xvii, 1n; in 1822 election, meadow, 104 xxiv, 135n; divisions among, xi–xii, Ransom, Clark: 3d lt., 175 xvi; economic and fiscal policies of, Rape: punishment for, xlvi, 292 xiii, xiv, xv, xvii(n), xxxii; members Rawson, Luther: j.p., 17, 149 of, xix, 8n, 9n; and militia, xvii(n), Raymond, Samuel: rep. New Canaan, xxiv; newspapers of, iv; O. Wolcott’s 137; vote in H.R., 327 relationship with, xiv; and officehold- Read, George: capt., 27 ing, xxii, 1n; and partisan politics, xi, Read, Hezekiah, Jr.: j.p., 16 xv–xvii, xviii; party strength in H.R., Read, John: to form seminary, 84 2n, 136n; and religion, xvii(n); and Reading, town of: inhabitants of, 279; schools, xvii(n); and suffrage, xvii(n); mileage to legislative sessions, 70; and taxation, xvii(n); on usury, xli rep., 3, 137 Retreat for the Insane (Hartford): inc., Redfield, James P.: j.p., 19 xlvii, 240–44, 240n; special donation Reed, Abner: rep. East Windsor, 136; vote to, xxxii in H.R., 210n Reynolds, Erastus: capt., 31 Reform (Social): in Conn., xlvii–xlix; Reynolds, Samuel: lt., 162 gender and, xlvii–xlviii; mentioned, li. Rhode Island, state of: banks in, 202n, See also Temperance reform. 206n; boundaries of, 217, 224; pris- Reformers, Reform Movement (Politi- oner in, 281 cal): divisions among, xvi; and econo- Ricard, Peter: prop. of, 228 mizing, xxxi–xxxii; O. Wolcott’s rela- Rice, Daniel: ens., 26 tionship with, xiv; on officeholding, Rice, Reuben W.: j.p., 146 INDEX TO VOLUME XXI 387

Rice, William: rep. Stafford, 139; vote in Roberts, Gerardus: lt. col., 153 H.R., 327 Roberts, Paul: j.p., 17, 150 Rich, Dennis: capt., 173 Roberts, Samuel: j.p., 18, 150; rep. Sha- Richards, Chauncey: 2d lt., 46 ron, 138; vote in H.R., 327 Richards, Isaac: j.p., 15, 148 Roberts, Thomas: lt., 156 Richardson, Nathaniel: j.p., 14, 146 Roberts, Titus M.: ens., 165 Richmond, Michael: j.p., 16, 149 Robinson, Abner: j.p., 17, 149 Rider, Hiram: rep. Willington, 5, 139; Robinson, Asher: capt., 160; ens., 27 vote in H.R., 327 Robinson, Richard: rep. Durham, 138; Ridgefield, town of: as boundary, 234–35; vote in H.R., 327 mileage to legislative sessions, 70; Robinson, Vine: common pleas associate rep., 3, 137 judgec, 143; in H.R. proceedings and Riflemen: officers apptd., established, debates, 181n, 202n; j.p., 16, 149; rep. 46–47, 158, 159; organization of, xxii, Brooklyn, 4 113; training of, xxiii, 72, 73n, 218, Robinson, William: comt. on boundary, 218n. See also Militia, Military. 217; j.p., 15, 147 Riggs, Chester: ens., 163 Rockwell, Charles: bank commissioner, Riggs, Joseph: j.p., 150 206n, 207; and Chelsea Grammar Riley, Justus: pet. for village inc., 236 School, 78n; j.p., 147; rep. Norwich, Rimmon Falls Tpk. Co.: pet. by, 108, 137; vote in H.R., 327 108n; toll gates of, 275–76, 275n; tpk. Rockwell, Coleman: ens., 171 to, 91, 91n Rockwell, Martin: maj., 154 Ripley, Dwight: and Chelsea Grammar Rockwell, Noadiah, Jr.: 1st lt., 173 School, 78, 78n Rockwell, Reuben: j.p., 17, 150 Risley, George: rep. Glastonbury, 2 Rockwell, Samuel: j.p., 18, 150 Roads and highways (General): O. Wol- Rockwell, Timothy: ens., 38 cott on, 123, 330, 337; regulation of, Rodman, William W.: lt., 28 l, 192, 192n Rogers, Abraham, Jr.: j.p., 14, 146 Roads and highways (Specific): on canals, Rogers, Amri: lt., 165 248, 251, 256, 257, 259; in Chaplin, Rogers, Amzi: ens., 33 231; in Hartford, 80–82, 81n; in Mid- Rogers, Anson: ens., 164 dletown, 286; in Montville, 294n; in Rogers, Daniel L.: ens., 164; lt., 164 Orange, 232n; in Wethersfield, 236n, Rogers, Eleazer: j.p., 14, 147 239 Rogers, James, Jr.: ens., 157 Roath, Asa: maj., 21; payment to, 105; Rogers, John S.: rep. Lyme, 3, 137; vote rep. Norwich, 3 in H.R., 327 Roath, James: ens., 35; lt., 35 Rogers, Rufus: ens., 162 Robbins, Appleton: prop. is boundary, 237; Rogers, Samuel: ens., 167; lt., 167 rep. Granby, 136; vote in H.R., 327 Rogers, William: ens., 168; j.p., 146 Robbins, Asher: rep. Wethersfield, 2 Root, Chauncey: ens., 38; lt., 170 Robbins, Bela: capt., 175 Root, Ebenezer: j.p., 19; rep. Willington, 5 Robbins, Lowry: capt., 174; 2d lt., 174 Root, Enos P.: capt., 170 Robbins, Martin: ens., 158 Root, Joel: and Farmington Canal Co., Robbins, Minor: rep. Voluntown, 4 245n Robbins, Thomas: to form insane asylum, Rose, Horace: 2d lt., 177 241 Rose, Sherman H.: lt., 163 388 INDEX TO VOLUME XXI

Rowe, Chauncey: 2d lt., 174 Salisbury, town of: canal in, 254; inhabit- Rowland, Jeremiah: j.p., 16, 148 ants of, xliii, 315; mileage to legisla- Rowland, Samuel: bridge commissioner, tive sessions, 72; rep., 4, 138 76; and Fairfield Academy, 76; j.p., Salter, John: j.p., 17, 149 15, 148 Sandy Lane (Wethersfield): as boundary, Rowland, Thomas: tax assessor, 108 237 Roxbury, town of: inhabitants of, 95; Sanford, Aaron, Jr.: j.p., 16, 148 mileage to legislative sessions, 72; Sanford, Abel: pet. on town boundary, rep., 4, 138 290 Royce, Reuben W.: j.p., 14 Sanford, Daniel S.: lt., 171 Royce, Ruel, Jr.: j.p., 15 Sanford, David C.: ens., 166 Ruggles, Eli: j.p., 16, 148 Sanford, Elias S.: capt., 41 Ruggles, John: j.p., 19, 152 Sanford, Joel: j.p., 18, 150 Ruggles, Robert B.: j.p., 16, 148 Sanford, John C.: 4th lt., 44 Rusco, Stephen: lt., 40 Sanford, Jonathan R.: j.p., 15, 148 Rush, Benjamin: on temperance, xlix–l(n) Sanford, Oliver C.: j.p., 16, 148; rep. Russ, John: and highway district, 81n; Weston, 4 j.p., 12, 145; U.S. rep., 9 Sanford, Stephen: j.p., 18, 150; rep. Rox- Russell, Cyrus: lt., 168 bury, 138; vote in H.R., 327 Russell, John, Jr.,: maj., 154 Sanford, William: j.p., 15–16 Russell, Joseph H.: j.p., 13, 145 Sanger, Ebenezer: capt., 157 Russell, Matthew T.: j.p., 19, 151 Sardan, Andrew: ens., 164 Russell, Robert: j.p., 19, 151 Saugatuck Bridge: pet. on, 296n Russell, Willard: lt., 29 Savage, Josiah: to clear Middletown meadow, 104; j.p., 19, 151; rep. Mid- S dletown, 138; vote in H.R., 327 Sabbath: H.R debates over, xliii–xliv Savage, Luther: j.p., 12, 145; rep. Hart- Sackett, Homer: rep. Warren, 4 ford, 2 Saffery, Solomon: Mass. surveyor, 220, Saybrook, probate district of: judge ap- 221 ptd., 11, 144 Safford, Ephraim: rep. Canterbury, 4 Saybrook, town of: inhabitants of, 279; Sage, Alpha: prop. is boundary, 277 mileage to legislative sessions, 72; Sage, Ebenezer: j.p., 19, 151 pet. on inspection laws, 181–82n; rep., Sage, Josiah: j.p., 19, 151 5, 138 Sage, Philip: j.p., 151 Scarborough, Ebenezer: lt., 25 Sage, Solomon: to clear Middletown Scarborough, Godfrey: j.p., 13, 145 meadow, 104 Scarborough, Joseph: rep. Pomfret, 138; Salaries (General): acts on, 213n; of chief vote in H.R., 327 judge, 66n; of clergy, 315, 320, 322; Scarborough, Samuel: j.p., 16, 149 of congressmen, xiv; reduction of leg- School districts (General): state funding islative and executive, xxxi of, xlv; taxation powers of, 310 Salem, town of: mileage to legislative School Fund: clerk exempted from miltia sessions, 70; propsed tpk. in, 293; rep., duty, 105; commissioner of, 61, 67, 3, 137 100, 102, 215, 229–30; debtors to, Salem and Hamburg Tpk. Co.: pet. for, xliv, 61, 61n, 99, 100, 102–103, 215, 294–95, 294n 229–30, 288; lands of, 215; O. Wolcott INDEX TO VOLUME XXI 389

on, 310; S. Beers and, 5n; and support Searles, Daniel: j.p., 16 of public schools, xxxi–xxxii, xlv. See Searles, Joel: 2d lt., 172 also Hillhouse, James. Sears (Cooper), Cynthia: divorce of, Schools (Private): Chelsea Grammar 290–91 School, 78, 78n; Fairfield Academy, Sears, David: to form seminary, 84 76–78, 76n; Foreign Mission School, Sears, Elisha: divorce of, 290–91 xliv(n); tax exemption for, xxxiii, xxx- Second Great Awakening: religious re- iv, 212, 212n vivals in, xlii, xlvi; and social reform, Schools (Public; General): O. Wolcott xlvii, 62n on, 123, 310; public funding of, xxxi, Secretary (Conn.): elected, 5–6, 139–40; xxxii(n), xliv–xlv, xlv(n), 63, 120, lists prepared by, 6, 139; in partisan 282n; Republican policies on, xvii(n); politics, xvi, xvii(n), xxiv; powers S. Beers and, 5n; tax exemption for, and duties of, xxv, 60, 88, 211, 213, xxxiii, 212, 212n 213n, 215, 235, 251, 259; revised stat- Schools (Public; Specific): in Byram Riv- utes for, 67; sworn, 8, 141; votes for, er school district, 282, 282n; in Chap- 6, 140; votes received by, 7, 140. See lin, 230n; in Clapboard Ridge school also Day, Thomas. soc., 282–83, 283n; in Litchfield, Secretary of State (U.S.): revised statutes 292–93; in Stonington, 292; in Wap- for, 67 ping eccl. soc., 295, 295n Seeley, Ebenezer: comt. on Indian tribe, Science: O. Wolcott on, xlv, 112, 118, 219; j.p., 148 297–99, 309–11 Seeley, Ebenezer, Jr.: j.p., 16 Scofield, Ashbel: ens., 29; lt., 29 Seeley, Erastus: j.p., 148 Scofield, Edward: ens., 29 Seeley, Nathan: j.p., 15, 148 Scofield, Henry W.: ens., 29 Seeley, Nathan (Duplicate?): j.p., 15, 148 Scott, Ashley: j.p., 14, 146 Seelye, Frederick: 1st lt., 41 Scott, James, Jr.: 1st lt., 43 Selden, Calvin: tpk. commissioner, 90 Scott, Smith: cornet, 44 Selden, Cephas B.: ens., 169 Scott, Winfield: and military training, Selden, Edward: j.p., 13, 145 xxiii, xxiii(n), 113, 218, 218n Selden, Erastus: tpk. commissioner, 90 Scott’s Militia Tactics: and militia train- Selden, Hezekiah: capt., 165 ing, 218 Selden, Richard E.: j.p., 15, 147 Scovil, Amherst: j.p., 16, 149 Selectmen (Towns): powers and duties Scovil, Edward: lt., 38 of, 56, 62, 62n, 114; revised statutes Scovil, James: j.p., 14 for, 67 Scovil, Joseph: j.p., 19 Senate (Conn.): districting proposal for, Scovil, Ransom: capt., 38 xxi, xxi(n); elections to, xv, xvii; Scovill, James: j.p., 146 members of, xvii, xix, 9n; and news- Scovill, Joseph: j.p., 151 paper reporting, 139n; officers of, 1n; Scranton, Henry: ens., 161 powers of, 75, 244n, 251, 253n, 259, Scranton, Ichabod L.: ens., 29 260; privileges of, xxii; proceedings Scranton, Jared: j.p., 14 in, xxvii; quorum achieved, 140; votes Scranton, Samuel: ens., 161 in, xxviii, 210n. Scudder, Jesse: maj., 21 Senate (U.S.): and public lands, 62n; sen- Sealing: duties on, xxxix, 58, 58n; in ator apptd., 1n Stonington, 206n 390 INDEX TO VOLUME XXI

Senators (Conn.): elected, 6–7, 140–41; Sheriffs (General): bonds and compensa- as judges, xxii; number of, 1n; pres- tion of, xxi(n); powers and duties of, ent, 1, 135; privileges of, 317; sworn, 51, 216; proposed militia exemption 8, 141 for, 105n Senators (U.S.): apptd., 1n; election of, Sherman, Benjamin: j.p., 14 124, 189; and Maryland resolutions, Sherman, Ira: maj., 154 64; and national economizing, 66 Sherman, Isaac: j.p., 16, 148 Sermon Addressed to the Legislature . . ., Sherman, Leman: j.p., 150 A (T. Brownell, 1822), 214n Sherman, Roger M.: and Fairfield Acad- Sexton, Charles: prop. is boundary, 278 emy, 76 Seymour, Charles: cornet, 43; 2d lt., 43 Sherman, town of: mileage to legislative Seymour, Erastus: capt., 38 sessions, 70; rep., 3, 137; votes from, Seymour, Henry: administrator, 92–94; rejected, 7, 8 apptd. bank director, 142; to audit Sherwood, Albert E.: 2d lt., 45; 1st lt., 176 accts., 60; bank commissioner, 75; Sherwood, David: rep. Weston, 137; vote j.p., 12, 145; and partisan politics, in H.R., 327 xvii, xvii(n), xxiv; votes for, 139n Sherwood, Ethan: j.p., 16, 148 Seymour, Moses, Jr.: sheriff, 152 Sherwood, Henry: capt., 157 Seymour, Nathaniel: j.p., 12, 145 Sherwood, Samuel, Jr.: ens., 157 Shakers: and militia service, xliv Sherwood, Walker: j.p., 148 Sharon, probate district of: judge apptd., Shetucket River: fisheries in, 213; sand 11, 144 from, 83n Sharon, town of: inhabitants of, 278; Shiels, Richard D.: on religious conver- mileage to legislative sessions, 72; sions, xlvi–xlvii physicians in, 197n; rep., 4, 138; votes Shumway, Alpheus: maj., 21 from, rejected, 8 Signposts: act on, 193, 193n Sharpe, George: j.p., 17, 149; rep. Sigourney, Charles: j.p., 12, 145 Pomfret, 4, 138; vote in H.R., 327 Sill, Elisha N.: j.p., 145 Shaylor (Shaler, Shayler), Simon: in H.R. Silliman, Benjamin: and scientific jour- proceedings and debates, 321; j.p., nal, 311n 19, 151; rep. Haddam, 5, 138; vote in Silliman, Elisha: capt., 43 H.R., 327 Silliman, Joseph: 3d lt., 44 Shaylor and Hall: quarry of, 285 Silliman, Nathaniel: capt., 39 Shehan, David: alien to hold prop., 96–97 Simsbury, probate district of: judge ap- Sheldon, Martin (Shelden): j.p., 13, 145; ptd., 11, 144 Newgate overseer, 74, 142 Simsbury, town of: mileage to legislative Sheldon, Thomas: School Fund debtor, sessions, 69; rep., 2, 136; tpks. in, 88, 229–30 107, 275 Shelton, Joseph: j.p., 15, 148 Skinner, Curtis: ens., 24 Shepard, Charles: j.p., 145; j.p. Suffield, 12 Sknerles (?), Jesse: lt., 161 Shepard, Daniel: j.p., 19, 151 Slavery: in American politics, xi, xlvi; Shepard, Harry: ens., 168 individual emancipation, xlvi; men- Shepard, Timothy: canal commissioner, tioned, xli 259; j.p., 16, 148; rep. Newtown, 3, Slosson, Nathan: j.p., 150 137; vote in H.R., 327 Shepard, William: capt., 158; ens., 25 INDEX TO VOLUME XXI 391

Slosson, Nathan, Jr.: in H.R. proceedings Smith, Theophilus: lt., 156 and debates, 73n, 316; j.p., 18; rep. Smith, Thomas N.: rep. Salisbury, 138; Kent, 4 vote in H.R., 327 Smallpox: treatments for, 240n Smith, William: 2d lt., 176 Smith, Alexander G.: j.p., 15, 147 Smith, Zephaniah H.: j.p., 13, 145 Smith, Almon: lt., 33 Snow, Benjamin: j.p., 14, 147 Smith, Asa: j.p., 19 Sociétés en commandite: in France, Smith, Asahel: 2d lt., 41 xxxviii, 303. See also Limited Smith, Charles: j.p., 15, 147 Partnerships. Smith, Charles H.: capt., 28 Society for Savings (Hartford): act on, 54, Smith, Chester: bank commissioner, 54n 206n, 207; j.p., 15, 147 Society for the Relief of Poor Female Smith, Chester: lt., 168 Professors of Religion (New Haven): Smith, David: deed executed by, 278 mentioned, xlvii Smith, Earle: 3d lt., 44 Somers, town of: boundary of, 229; co- Smith, Ebenezer: capt., 36 lonial jurisdiction over, 222–23; high- Smith, Eliphalet T.: ens., 40 way to, 278; mileage to legislative ses- Smith, Elisha: capt., 38 sions, 72; rep., 5, 139 Smith, Erastus: maj., 154 South (U.S.): commerce with, 337 Smith, Erastus T.: prop. is boundary, 107, South Carolina, state of: planned uprising 275 in, xi; produce of, 326 Smith, George W.: rep. Haddam, 5, 138 South Lane (Wethersfield): as boundary, Smith, Gurdon: j.p., 19, 151 237 Smith, Harris: lt., 163 Southbury, town of: mileage to legislative Smith, Horace: lt., 34 sessions, 69; rep., 3, 137; tpk. in, 275 Smith, Horatio: j.p., 150 Southington, town of: boundary of, l; Smith, Jairus: 1st lt., 46 mileage to legislative sessions, 69; Smith, Jared: rep. Greenwich, 3, 137; vote rep., 2, 136 in H.R., 327 Southwick, Mass.: canal to, 244n, 245 Smith, John B.: 2d lt., 173 Southworth, Jabez: 2d lt., 45 Smith, John Cotton: j.p., 17 Spafford, Jesse: lt., 171 Smith, John 2d: ens., 164 Spain: U.S. treaty with, xiv, 115 Smith, Joseph: ens., 168 Spalding, Bela P.: j.p., 16; rep. Brooklyn, Smith, Lyman 3d: lt., 24 137; vote in H.R., 327 Smith, Nathan: to form seminary, 84; j.p., Spalding, Samuel A.: prop. is boundary, 92 14, 146; state’s attorney, 281 Sparrow, James: lt., 47 Smith, Nathan 2d: ens., 37 Spaulding, Daniel: lt., 25 Smith, Noah B.: lt., 34 Speaker, H.R.: compensation of, 5n; D. Smith, Perry: j.p., 18, 150; rep. New Mil- Plant as, 1n; elected, 5, 5n, 139, 139n; ford, 138; vote in H.R., 327 powers and duties of, 2n, 136n Smith, Ralph: j.p., 19, 151 Spencer, Abram: lt., 169 Smith, Rufus: j.p., 15, 147 Spencer, Calvin: capt., 157; lt., 24 Smith, Samuel: rep. Suffield, 2 Spencer, David: j.p., 19, 151 Smith, Simeon: sheriff, 152 Spencer, David, Jr..: lt., 25 Smith, Solomon: prop. is boundary, 290 Spencer, Isaac: comt. on election, 7, 9, Smith, Sparrow: j.p., 19, 151 141; comt. on statutes, 67; elected 392 INDEX TO VOLUME XXI

treasurer, 6, 140; to form insane asy- State Attorneys: accts. of, 68, 68n; act on, lum, xlvii, 241; j.p., 12, 145; and par- xviii, 50, 50n, 68n; powers and duties tisan politics, xvii(n); sworn, 8, 141; of, 193–94, 197 votes for, 6, 140. See also Treasurer State House (Hartford): bell in, l, 218; (Conn.). construction of, 325, 325n Spencer, Jon: 1st lt., 178 State House (New Haven): new state Spencer, William: j.p., 14, 146 house proposed, xxi(n) Sperry, Alvin: lt., 170 Statutes (Conn.): revision of 1821, xvii, Spicer, John 2d: j.p., 15, 147 xviii–xxi, 59–60, 59n, 66–68, 66n, Spring, Julius: lt., 35 112, 135n, 181n, 213, 213n, 215–16, Springfield, town of, Mass.: boundary of, 215–16n, 217, 217n, 297, 299 229; newspaper to publish notice, 107; Steam navigation: act on, xv, xxvi–xx- in survey, 221, 223 viii, xxviii(n), xxxix, 210–11, 210n, Spruce Brook (Waterbury): as boundary, 323–38; on canals, 258; and economic 277 development, xiii, xiii(n), xxix; in Squier, Orin D.: j.p., 14, 146 Thames River, 83n St. John, Bela: j.p., 16, 148; rep. Wilton, 4 Steamboats. See Steam Navigation. St. John, Daniel: ens., 164 Stebbins, Edward: j.p., 15 St. John, Rufus: lt., 39 Stebbins, Samuel: j.p., 16, 148 Stafford, probate district of: judge apptd., Stedman, James: j.p., 14, 147 11, 144 Steele, Daniel: j.p., 14, 146 Stafford, town of: boundary of, 222, 223, Steele, Ralph: ens., 155 224–25, 226, 227, 229; inhabitants of, Steele, Samuel: rep. Woodbury, 4 97–98; mileage to legislative sessions, Sterling, Ansel: j.p., 17, 150; rep. Sharon, 72; rep., 5, 139 4; U.S. rep., 9 Stamford, probate district of: judge ap- Sterling, Elisha: j.p., 18 ptd., 10, 144 Sterling, town of: mileage to legislative Stamford, town of: inhabitants of, 318; sessions, 71; rep., 1n, 4, 138 lands in, 105–106; mileage to legisla- Steuben, Baron von: and military training, tive sessions, 70; rep., 3, 137 xxiii, 113 Standish, James: capt, 26 Stevens, Charles: capt., 160 Staniford, John: j.p., 17, 149 Stevens, James: common pleas associate Stanley, George W.: j.p., 19, 151 judge, 142; former congressman, 9n; Stanley, Noah W.: cornet, 41 j.p., 16, 148; pet. on Stamford lands, Stanley, Seth, Jr.: lt., 26 105 Stannard, John: j.p., 19, 151 Stevens, Nathaniel: j.p., 17, 150 Stanwich, school soc. of (Greenwich): Stevens, Samuel: ens., 158 schools in, 282 Stewart, Alexander, Jr.: j.p., 15, 147; rep. Staples, John: j.p., 15, 148 Griswold, 3 Staples, Moses H.: lt., 39 Stewart, James: ens., 39 Stark, Joshua: j.p., 14, 147 Stewart, Thomas: j.p., 15, 147 Starr, Friend: sheriff, 152 Stiles, Benjamin: comt. on tpk., 277 Starr, Truman: j.p., 17, 150 Stillman, John: lt., 26 Starr, Zar: rep. Brookfield, 3 Stock (General): of banks, xxxv, 54, 61, Starr, Zar, Jr.: cornet, 42 74, 215; of states and U.S., 54 Starr & Sanford: tannery of, 234 INDEX TO VOLUME XXI 393

Stocking, Horace: to form manufacturing Strickland, Thomas: j.p., 147 co., 264–65 Strong, Daniel: constable, 106 Stocking, Jeremiah: j.p., 13, 145 Strong, Erastus: j.p., 13, 145–46 Stockman, William: j.p., 14, 147 Strong, Harry: ens., 159; lt., 159 Stoddard, Ebenezer: bank commissioner, Strong, Kellogg: lt., 169 203; boundary commissioner, 216, Strong, Martin: canal commissioner, 216n, 229; j.p., 17, 149; U.S. rep., 9 253n, 259; common pleas associate Stoddard, Elisha J.: rep. Groton, 3 judge, 12, 143; j.p., 17, 150; rep. Salis- Stoddard, Vine: j.p., 15, 147 bury, 138; vote in H.R., 327 Stone, Leman: to form canal co., 253, Strong, Noah: j.p., 19, 152 253n Strong, Stephen: j.p., 18, 150 Stone, Timothy: j.p., 14, 146 Strong, Stoddard: ens., 30 Stonington, borough of: fire prevention Strong, William: j.p., 14, 146 in, 200, 200n; proposed tpk. in, 293, Sturbridge, town of, Mass.: boundary of, 293n 229 Stonington, fifteenth school district of: Sturges, Erastus: j.p., 148; rep. Wilton, school fund monies for, 292, 292n 137; vote in H.R., 327 Stonington, probate district of: judge ap- Sturges, Ezekiel: j.p., 16, 148 ptd., 11, 144 Sturges, Jeremiah: j.p., 15, 148 Stonington, town of: inhabitants of, 136n, Sturges v. Crowninshield (1819): and 217; lands in, 280; mileage to legisla- bankrupty, 118n tive sessions, 70; rep., 3, 137 Suffield, probate district of: judge apptd., Stonington Bank: inc., xxxv, xlviii, 206– 11, 145; Suffield in, 57, 57n 9, 206n Suffield, town of: colonial jurisdiction Stony River: in survey, 221, 222 over, 222–23; mileage to legislative Storrs, Heman: rep. Mansfield, 4 sessions, 69; rep., 2, 136 Storrs, Zalmon: j.p., 17, 149 Suffrage, Franchise: disenfranchisement Story, Elisha: j.p., 15 of people of color, xlvi; Republican Story, Isaac: j.p., 147 policies on, xvii(n) Stoughton, Daniel: lt., 24 Sugar Loaf Hill: in survey, 222 Stow, Joshua: common pleas associate Sugden, Elisha: 1st lt., 178 judge, 12; common pleas chief judge, Sugden, Thomas: rep. Hartland, 136; vote 143; comt. on tpk., 92; elected sena- in H.R., 327 tor, 7; j.p., 19, 151; senator, 1, 135n; Sullivan, George: to form seminary, 84 sworn, 8 Sullivan, John L.: and inland navigation, Straits Tpk. Co.: route of, 91, 91n 106, 106n Stratfield Congregational Church: pet. for Summers, Curtis: ens., 156 inc., xliv Sumner, George: to form insane asylum, Stratford, probate district of: Bridgeport 241 in, 57, 57n; judge apptd., 11, 144 Sumner, John N.: rep. Ashford, 4 Stratford, town of: and Bridgeport inc., Sumner, Orin: j.p., 19 85–86n, 85–88; inhabitants of, 1n, Superior Court: clerks of, 67; and divorce, 136n; lighthouse in, xxiv, 101, 101n; xlviii; in Fairfield County, 48, 109, mileage to legislative sessions, 71; 195–96; in Hartford County, 48, 238; rep., 4, 137 judges of, xvi, xxxi; judges’ salary, Street, Edward H.: ens., 28 66n; in Litchfield County, 49, 104; in 394 INDEX TO VOLUME XXI

Middlesex County, 49; in New Haven Taintor, Solomon: comt. on election ser- County, 48; in New London County, mon, 60; rep. Hampton, 4 48, 195, 195n; powers and duties of, Talcott, John: j.p., 19 50, 180, 193, 193n; sessions of, xviii; Talcott, Justus, Jr.: cornet, 172 statute books for, 215; in Tolland Talcott, Moseley: rep. Marlborough, 136; County, 49; in Windham County, 48 vote in H.R., 327 Supreme Court (U.S.): acts transmitted to, Talcott, Phineas, Jr.: ens., 36 67, 213; and bankruptcy, 117, 118n; Talcott Mountain Tpk. Co.: route of, 88, and 2BUS, xxxvi; and commerce 89n; tpk. to, 107 power, xxvi, xxvii, xxviii, xxviii(n), Tallmadge, John: j.p., 18, 150 324, 325, 326, 337; mentioned, 129 Tanner, Joseph A.: capt., 166 Supreme Court of Errors: in Fairfield Taverns (General): acts on, 213n County, 48; in Hartford County, 48; Tax collectors (General): powers and du- in Litchfield County, 49; in Middlesex ties of, 56 County, 49; in New Haven County, Tax on list: (1821), xxxii, 61; (1822), 48; in New London County, 48, 195, xxxii, 214 195n; powers and duties of, 123, 129; Taxation and assessment (Conn.): acts and sessions of, xviii; in Tolland County, other actions on, xi, xx, xxxi–xxxiv, 49; in Windham County, 48 xxxiii, xxxiii (n), 56, 56n, 212, 212n; Swathel, William R.: cornet, 173 in Bolton, 106; on canals, 251, 260; Sweeting, Henry: j.p., 17, 149 in Chaplin, 230n, 231; of clergy, xlii– Sweetland, Eleazer: rep. Hebron, 5 xliii, lvii, 314–22, 314n; in Danbury, Swift, Earl: to form insane asylum, 241 236; and economizing, xxxi–xxxii; Swift, Eliphalet: j.p., 15, 148 exemptions from, xxx, xxxiii, xliii, Swift, John H.: j.p., 17, 150 xliv(n), 314, 314n; in Fairfield, 108–9; Swift, Justin: lt., 25 in Lisbon, l; O. Wolcott on, xv, xviii, Swift, Philo: to form canal co., 253 xxv, xxxiii, xlix, 120, 311–13; in Or- Swift, Rufus: j.p., 17, 150 ange, 232n, 233; of polls, xxxiv, xliii, Swift, Zephaniah: boundary commission- 314, 314n, 317, 318–19, 319n, 321; on er, 216, 216n, 229; comt. on steam nav- property, 120; reform of (1820–21), igation, xxvi; in H.R. proceedings and xv, xvii(n), 1n; tax on list, xxxii, 61, debates, xx(n), xxvii, xlviii, 59n, 66n, 214; in towns, 123; in Wethersfield, 319, 320, 324–25; j.p., 17; and partisan 238, 239 politics, xvi–xvii; publishes Digest of Taylor, Alfred: ens., 29 Laws, xxi; rep. Windham, 4, 138; and Taylor, Eli: j.p., 148 statute revision, xvii, xix–xxi, xix(n), Taylor, Joel: ens., 165 59n, 67, 216, 217; vote in H.R., 327 Taylor, Phineas: j.p., 15 System of the Laws of the State of Con- Taylor, Seth: j.p., 16, 148 necticut, A (Z. Swift, 1795–96): men- Taylor, Seymour: j.p., 15, 148 tioned, xxi Taylor, William: to form canal co., 253; j.p., 17, 150 T Taylor, William: ens., 23; lt., 155 Taintor, Henry: j.p., 14, 146 Temperance reform: in Conn., xlix Taintor, Roger: bank commissioner, 206n, Ten Mile River (Windham): as boundary, 207; j.p., 16; rep. Hampton, 138; vote 75 in H.R., 327 INDEX TO VOLUME XXI 395

Tenth Amendment (U.S. Constitution): O. Timber, Wood, etc.: inspection of, 181, Wolcott on, 127 185–86; transportation on canals, Terry, Harvey: capt., 168 245n; in Wethersfield, 236n, 238, 239 Terry, Henry: comt. on election, 5; j.p., Times, The (Hartford): on 1821 election, 13, 145; probate judge, 11; rep. En- 8n; coverage of legislative proceed- field, 2 ings, iv; and party politics, xvi; on Thames River: channel co. in, xxix, 82– Republican economizing, xxxii; on 83; ferry in, 281–82, 282n statute revision, xviii, xix(n), 216n Thatcher, Abijah: capt., 44 Tinker, Lebbeus P.: j.p., 19, 152 Thatcher, Stephen G.: j.p., 15, 147 Todd, Eli: biog., 240n; j.p., 18, 150; rep. Theological Seminary of the Protestant New Miford, 4; and treatment of men- Episcopal Church: inc., xlii, 83–85, 84n tal illness, 240n, 241 Thomas, Allyn: capt., 170 Todd, William: j.p., 14, 146; rep. Guil- Thomas, James: apptd. controller, 9, 141; ford, 3, 136; vote in H.R., 327 comt. on election, 7, 9, 141; comt. on Tolerationists: newspapers of, iv; and par- statutes, 67; on public expenditures, tisan politics, xviii; party strength in xxxi–xxxii; and reporting by banks, H.R, 2n. See also Reformers, Reform xxxv. See also Controller. Movement. Thomas, John: cornet, 22 Tolland, county of: common pleas judges Thomas, Justus: j.p., 14, 146 apptd., 10, 12, 143; court of common Thomas, Peleg, Jr.: j.p., 17, 149 pleas in, 49; j.p.s apptd., 19–20, 152; Thomas, Simeon: j.p., 14, 147 Republicans in, 8n; sheriff apptd., Thomas, Thomas: capt., 43 152; superior court in, 49; supreme Thompson, Isaac: j.p., 14, 147 court of errors in, 49 Thompson, town of: boundary of, 219, Tolland, town of: mileage to legislative 223, 224, 226, 228; mileage to legisla- sessions, 72; rep., 5, 139 tive sessions, 71; rep., 4, 138; tpk. in, Tolls: on canals, 248, 249, 250, 251, 252, 108 257, 258, 259; on Connecticut Tpk., Thompson’s Bridge (New Haven): tpk. 296n; on Essex Tpk., 273–74; on fer- from, 275 ries, l, 192–93, 192n; for Hartford Thrall, Oliver: j.p., 13, 145; prop. is Bridge Co., l; on highways, 259; for boundary, 89; rep. Windsor, 136; vote Norwich Channel Co., 82–83, 288, in H.R., 327 288n; O. Wolcott on, 330; on Petti- Thurston, John: j.p., 17; rep. Sterling, 4, pauge and Guilford Tpk., 291, 291n; 138; vote in H.R., 327 on Rimmon Falls Tpk., 276; on Water- Thwing, Lemuel: and inland navigation, bury River Tpk., 277 106n Tomlinson, Daniel: j.p., 16, 148 Tibbals, Auren: ens., 170 Tomlinson, David: elected senator, 7; for- Tibbals, James: lt., 159 mer senator, 135n; j.p., 14; senator, 1; Tibbals, Nathan: capt., 38; lt., 38 sworn, 8 Tibbals, Samuel: rep. Durham, 138; vote Tomlinson, Gideon: j.p., 15, 148; U.S. in H.R., 327 rep., 9 Tibbills, Samuel: j.p., 151 Tomlinson, Jabez H.: j.p., 16, 148; pet. for Tillotson, Edward: ens., 32 Bridgeport inc., 85 Tomlinson, John L.: canal commissioner, 259; col., 153; lt. col., 22 396 INDEX TO VOLUME XXI

Torrington, town of: mileage to legisla- Treasury (U.S.): and 2BUS, 131; O. Wol- tive sessions, 72; rep., 4, 138 cott as secretary of, xiv Tourtelott, Jacob: lt., 30 Treat, Almon: ens., 33 Tousey, Isaac: conservator, 93; j.p., 12, Treat, Amos: j.p., 17, 149 145 Treat, David: j.p., 14, 146 Town Hill Lane (Danbury): as boundary, Treat, Elisha: to clear Middletown mead- 234 ow, 104; in H.R. proceedings and de- Towns (General): boundaries of, l; claims bates, 316; rep. Middletown, 4 against, l(n); clerks’ duties, 179, 180, Treat, Joseph: j.p., 13, 145 181; inspection of provisions in, 181, Treat, Leverett: 1st lt., 42 187; new towns, xviii, l; poverty and Trespasses: on lands, 50 poor relief in, xxxi, xli, 62, 62n, 113– Trott, John P.: rep. New London, 137; 14; revised statutes for, 67; rights of, vote in H.R., 327 335; roads in, l, 192n; selectmen’s du- Trowbridge, Charles: lt., 163 ties, xli, 181n, 192n; taxation in, 56, Trowbridge, John: j.p., 18, 150 123, 212, 212n Truesdale, Joel: j.p., 12, 145 Towns formed (Specific): Bridgeport, l, Trumbull, Benjamin: j.p., 14, 147; pro- 85–86n, 85–88; Chaplin, l, 230–32, bate judge, 11, 144 230n; Orange, l, 232–34, 232n Trumbull, Gurdon: j.p., 15, 147 Townsend, John H.: j.p., 14, 147 Trumbull, Jonathan G.W.: to form manu- Townsend, William K.: cornet, 155 facturing co., 267–68 Tracy (Tracey), Benjamin: j.p., 14, 147 Trumbull, Joseph: j.p., 12, 145 Tracy (Tracey), Elisha: in H.R. proceed- Trumbull, town of: as boundary, 86; mile- ings and debates, xxii, 65n, 66n, 321; age to legislative sessions, 71; rep., 4, on imprisonment for debt, xl; rep. 137; separated from Stratford, 86n Norwich, 3, 137; vote in H.R., 327 Tuckerman, Isaac: capt., 26 Tracy (Tracey), Freeman: j.p., 15, 147 Tuke, William: and treatment of mental Tracy (Tracey), Joshua: j.p., 15, 148 illness, 240n Treadwell, Jabez: j.p., 15, 148 Tuller, Asaph: j.p., 13, 145 Treadwell, Nathan: capt., 165; lt., 33 Tully, William: to form insane asylum, Treasurer (Conn.): accts. to be audited, 241 60, 142; bonds to, 100; clerk exempt- Turkey Hill (Orange): Indian reservation ed from miltia duty, 105; elected, 5–6, at, 219n 139–40; lists prepared by, 6, 139; and Turner, Chauncey: capt., 159 partisan politics, xvii(n); payments by Turner, Isaac, Jr.: to operate ferry, 281– and to, xli, 67, 73, 74, 74n, 98, 99, 101, 82, 282n 102, 103, 105, 106, 145–46, 197, 211, Turner, William J.: ens., 47 218, 282, 283, 289, 292, 293; powers Turnpikes (General): commissioners of, and duties of, xxxiii(n), 50, 230, 274; 75, 76n; and economic development, revised statutes for, 67; and School xiii, xiii(n); as models for canal com- Fund, 61; sworn, 8, 141; votes for, 6, panies, xxix, xxx; and tax exemptions, 140. See also Spencer, Isaac. 315 Treasury (Conn.): forfeitures to, 186, 187; Turnpikes (Specific): Chester and North mentioned, 240; payments from and Killingworth Tpk. Co., 295, 295n; to, xxxi, 61, 62n, 68, 104, 214, 215, Colchester and Norwich Tpk. Co., 243 294, 294n; Connecticut Tpk. Co., INDEX TO VOLUME XXI 397

296, 296n; Derby Tpk., 232; Essex Union Republican ticket (1820): and par- Tpk. Co., 89, 89n, 271–75, 271–72n; tisan politics, xv, xvii, 8n 294, 294n; Fair Haven Tpk. Co., 295, Union Wharf (New Haven): prop. near, 96 295n; Granby Tpk. Co., 88–89, 89n, United Kingdom: citizens of, 278 107, 107n, 275, 275n; Groton and United States: and bankruptcy, xl; census Stonington Tpk. Co., 107–108, 107n, of, xxv; courts of, xxxvi–xxxvii, 125, 275, 275n; Hartford and New Haven 125n, 128; customs service of, 9n, Tpk. Co., 237; legislative actions on, 331; funds owed to Conn., 55n; light- l; Middle Road Tpk. Co., 294, 294n; house in Stratford, xxiv, 101, 101n; Middletown, Durham, and New Ha- and military matters, xiv, xxiii, 73, ven Tpk. Co., 90, 90n; Middletown 113, 115n, 116, 218n; post office of, and Waterbury Tpk., 92; New London xiii; revenues of, 128, 130, 131; stock and Lyme Tpk. Co., 89, 271, 271n; of, xxxiv; tax exemption, 212, 212n; Norwich and Woodstock Tpk. Co., western lands of, xxiv, xlv, 62–64, 75, 75n, 108, 108n; Norwich–East 62n, 120. See also Bank of the United Haddam, 293, 293n; Pettipauge and States, Second; Congress (U.S.); Su- Guilford Tpk. Co., 89, 90–91, 90n, preme Court (U.S.). 271, 271n, 291, 291n; Rimmon Falls United States, court for Connecticut: judg- Tpk. Co., 91, 91n, 108, 108n, 275–76, es of, 139n; revised statutes for, 67 275n; Salem and Hamburg Tpk. Co., United States, court for Ohio: proceed- 294–95, 294n; Stonington–Paucatuck, ings in, 121, 132 293, 293n; Straits Tpk. Co., 91, 91n; United States Navy: officers of, xxxiv Talcott Mountain Tpk. Co., 88, 89n, University of Vernont: connections to 107; Waterbury River Tpk. Co., 277, Yale College, 311n 277n; Windham and Mansfield Tpk. Upham, Archilus W.: capt., 162 Co., 91–92, 92n; Woodbury and Wa- Upper House (Pre-1818). See Council, terbury Tpk. Co., 92, 92n Upper House (Pre-1818) Tuthill, Cornelius: j.p., 146 Upson, David R.: ens., 170 Tuttle, Austin: capt., 41 Upson, Levi: lt., 32 Tyler, Daniel: rep. Middlebury, 136; vote Upson, Mark: lt., 170 in H.R., 327 Usher, Jonathan: j.p., 19 Tyler, Dwight R.: ens., 47; lt., 167 Usury: act on, xl; O. Wolcott on, 117 Tyler, Elisha: capt., 47 Utley, Joseph: 1st lt., 177 Tyler, Malachi S.: capt., 162 Utter, Stephen: pet. for toll exemption, 291

U V Ufford, Elijah: j.p., 16, 148 Van Dusen, Alfred: on Conn. politics, Underwood, Benjamin: 2d lt., 178 xxxviii Underwood, John: ens., 30 Vattel, Emmerich de: on law of nations, Underwood, Laban: capt., 30 334–35, 335n Union, town of: boundary of, 220, 222, Vegetables and grain: inspection of, 181, 223, 224–25, 226, 227, 228–29; mile- 184–85, 186, 187, 188 age to legislative sessions, 72; rep., 5, Ventris, Daniel: capt., 27 139; votes from, rejected, 7, 8 Ventris, David B.: 2d lt., 45 Union College, N.Y.: graduates of, 214n Vermont, state of: college in, 311, 311n 398 INDEX TO VOLUME XXI

Vernon, town of: mileage to legislative Warner, Oliver, Jr.: 2d lt., 175 sessions, 72; rep., 5, 139 Warner, Reuben: j.p., 17, 150 Vesey, Denmark: planned uprising, xi Warren, Artemas: ens., 30 Vice President (U.S.): election of, 124; Warren, Edward R.: j.p., 15, 147 mentioned, 123, 124 Warren, Elisha: capt., 167; lt., 36 Viets, George: ens., 167 Warren, John: j.p., 16, 149 Vinton, Seth: prop. is boundary, 92 Warren, Joshua R.: j.p., 147 Virginia, state of: and federal-state rela- Warren, Luther: j.p., 16, 149 tions, 124, 124n Warren, Moses: j.p., 15, 147; probate Voluntown, town of: mileage to legisla- judge, 10, 143; tpk. commissioner, 90 tive sessions, 71; proposed probate Warren, town of: mileage to legislative district in, 295; rep., 4, 138 sessions, 72; rep., 4, 138 Vose, Thomas: to form canal co., 253 Warwick, Earl of: grant by, 220 Washburn, Josiah S.: 1st lt., 177 W Washburn, Seth: capt., 167; lt., 36 Wadsworth, James, Jr.: capt., 31 Washington, Bushrod: to form seminary, Wainwright, Jonathan M.: to form semi- 84 nary, 84 Washington, D.C.: lottery request from, xli Wait, Henry M.: j.p., 15, 147 Washington, town of: mileage to legisla- Wakefield, Hezekiah: lt., 37 tive sessions, 72; rep., 4, 138 Wakefield, Luman: j.p., 18, 150 Washington Bank (R.I.): bills of, 207 Wakelee, Anson: ens., 24 Washington (Trinity) College: founded, Wakelee, James: ens., 163 214n Wakeman, Jessup: j.p., 15 Waterbury, probate district of: judge ap- Waldo, Levi: j.p., 19, 152 ptd., 11, 144 Wallingford, probate district of: judge ap- Waterbury, town of: mileage to legislative ptd., 11, 144 sessions, 69; rep., 3, 137; tpk. in, 92 Wallingford, town of: boundary of, 290, Waterbury River Tpk. Co.: toll gates of, 290n; mileage to legislative sessions, 277, 277n 69; rep., 3, 137 Waterford, town of: mileage to legislative Waln, Lewis: to form manufacturing co., sessions, 70; rep., 3, 137 261–63 Watertown, town of: inhabitants of, 104, Walter, Alfred: j.p., 17, 150 283; mileage to legislative sessions, Wapping, eccl. soc. of: re-inc. of, 295–96, 72; rep., 4, 138 295n Watkinson, Robert: to form manufactur- War of 1812: impact on public life, xi, xii, ing co., 269–70 xiv, xxix, 55n; officers in, 9n, 136n Watrous, Daniel: ens., 24; lt., 157 Ward, Henry: 4th lt., 175 Watrous, John R.: j.p., 14, 147; rep. Col- Waring, Stephen: rep. Greenwich, 3, 137; chester, 3 vote in H.R., 327 Watson, John 3d: lt., 23 Warner, Chauncey: j.p., 18, 150 Wayland, David: lt., 24 Warner, George W.: ens., 161 Webb, Darius: ens., 166 Warner, Hezekiah J.: j.p., 14, 146; rep. Webb, Peter: former sen., 1n; j.p., 17, 149 Hamden, 136; vote in H.R., 327 Webb, Reynold: j.p., 19, 151 Warner, Jonathan: pet. for tpk., 295 Webb, William: j.p., 13 Warner, Obadiah: rep. Waterbury, 3 Webler, Martin: alien to hold prop., 280 INDEX TO VOLUME XXI 399

Webster, Amos A.: j.p., 145 Westerly, R.I., town of: banks in, 207 Webster, Noah: and data collection, 62n Western Reserve: lands in, 102, 215 Weed, Benjamin, Jr.: j.p., 12–13, 145 Westlake, John: lt., 38 Weed, John, Jr.: j.p., 16, 148 Weston, town of: mileage to legislative Weed, Samuel: ens., 35 sessions, 71; rep., 4, 137 Welch, Benjamin: rep. Norfolk, 138; vote Wethersfield, first eccl. soc. of: academy in H.R., 327 in, 239; inhabitants of, 239 Welch, Bliss: ens., 169 Wethersfield, town of: as boundary, 81; Welch, John: common pleas associate mileage to legislative sessions, 69; judge, 12, 143; in H.R. proceedings and rep., 2, 136 debates, xxviii, 5n; j.p., 17, 150; rep. Wethersfield, village of: inc., l, 236–39, Litchfield, 4, 138; vote in H.R., 327 236n Weld, Angelina Emily Grimké: and abo- Wetmore, Truman S.: j.p., 18, 150 litionism, 60n Whaling products: duties on, xxxix, 58, Weld, Ezra: father of L. Weld, 60n 58n Weld, Ludovicus: biog., 60n; election ser- Wheaton, Charles H.: to form seminary, 84 mon (1821), xlii, 60, 60n Wheaton, George: j.p., 17, 150 Weld, Theodore Dwight: and abolition- Wheaton, James: rep. Thompson, 4 ism, 60n Wheeled vehicles: tolls on, 192–93, 192n Weller, Samuel S.: cornet, 174 Wheeler, Abel: common pleas associate Wellington, Noadiah: ens., 162 judge, 12; j.p., 14, 146; rep. Oxford, 3 Wells, Andrew: col., 21 Wheeler, Amos H.: j.p., 16 Wells, Charles: 3d lt., 155; ens., 155 Wheeler, Calvin, Jr.: j.p., 16, 148 Wells, Jared: lt., 159 Wheeler, Cyrus: ens., 161 Wells, Jonathan: j.p., 145 Wheeler, Dudley R.: lt., 28 Wells, Leonard: rep. Wethersfield, 136; Wheeler, Ebenezer: j.p., 16, 148 vote in H.R., 327 Wheeler, Hosea, Jr.: pet. against, 296 Wells, Samuel: to form manufacturing Wheeler, Joseph: maj., 154 co., 269–70; j.p., 13, 145 Wheeler, Joseph B.: j.p., 16 Wells, Stephen: lt., 157 Wheeler, Lucy Prentice: pet. for divorce, Wells, Sylvester: comt. on election, 5, 296 6; elected senator, 7; former senator, Wheeler, Moses: j.p., 14, 146 135n; senator, 1; sworn, 8 Wheeler, Nathan: pet. on school money, Wells, Timothy S.: j.p., 15, 148 292 Welton, Noah: j.p., 17, 150 Wheeler, Peres: capt., 28 Wessex (England): mentioned, 126n Wheeler, Russell: maj., 47 West (U.S. region): and economic devel- Wheeler, Samuel: j.p., 15, 148 opment, xii, xxix, 115 Wheeler, Samuel: ens., 25 West Greenwich, school soc. of: schools Wheeler, Seth: rep. Reading, 3 in, 282 Wheeler, Stephen: common pleas associ- West Hartford, eccl.soc. of: as boundary, ate judge, 12; j.p., 16, 148 81 Wheeler, Thomas: j.p., 15, 147–48 West Haven, eccl. soc. of: Orange formed White, Adams, Jr.: j.p., 149; tpk. commis- from, 232–33, 232n sioner, 75 West Mountain: in survey, 221, 222 White, Daniel: rep. Coventry, 5 West River: as boundary, 232, 233 400 INDEX TO VOLUME XXI

White, George: j.p., 19, 151; rep. Cha- Wildman, Zalmon: common pleas associ- tham, 5 ate judge, 12, 142; j.p., 15, 148 White, Isaac: capt., 156 Wilkes, Matthew: j.p., 148 White, Jabez L.: j.p., 19, 152; rep. Bolton, Willard, Achilles: capt., 29 139; vote in H.R., 327 Willey, Asa: j.p., 19, 152; rep. Ellington, White, Jabez L., Jr.: rep. Bolton, 5 139; vote in H.R., 327 White, James: col., 153 Willey, Calvin: j.p., 19, 152; nom. Con- White, Joel W.: ens., 39; lt., 39 gress, xvii, xviii, 8n; probate judge, White, Lemuel: j.p., 13, 145 11, 144; rep. Tolland, 5 White, Matthew, Jr.: lt., 31 Williams, Elisha: prop. is boundary, 237 White, Moss: pet. for borough, 234 Williams, Henry: ens., 27 White, Willam: to form seminary, 84 Williams, Isaac 2d: j.p., 15, 147 Whitford, Samuel: j.p., 17, 150 Williams, Israel: rep. Hartland, 136; vote Whiting, George I.: capt., 156 in H.R., 327 Whiting, William: j.p., 14, 147; rep. Boz- Williams, Jehiel: probate judge, 11, 144 rah, 137; vote in H.R., 327 Williams, John: j.p., 13 Whitman, Edward: capt., 32 Williams, Joseph: j.p., 14, 147; maj., 154 Whitman, Lemuel: common pleas chief Williams, Nathan: capt., 173 judge, 10, 142; elected senator, 141; Williams, Ozias: j.p., 145 j.p., 13, 145; probate judge, 11, 144; Williams, Park: j.p., 15, 147 senator, 135, 135n; and statute revi- Williams, Salmon L.: 2d lt., 172 sion, xix–xx, xix(n), 59n, 67, 216, Williams, Walter: capt., 41; j.p., 149 217; sworn, 141; vote in senate, 210n Williams, Warham: rep. Hartland, 2 Whitmore, Braton: capt., 178 Williams, Warren: capt., 175 Whitney, Eli: j.p., 14, 146 Williams, William: j.p., 15, 147; probate Whittlesey, Eliphalet: j.p., 18, 150 judge, 11, 144; rep. Wethersfield, 2 Whittlesey, John L.: ens., 27 Williams, William: 2d lt., 173 Whittlesey, Roger: j.p., 13, 145 Williams, William G.: j.p., 17, 150 Wickham, James S.: 2d lt., 178 Williams, William T.: j.p., 16, 149; rep. Wight, Daniel: to form manufacturing co., Lebanon, 138; vote in H.R., 327 267–68 Willimantic River: as boundary, 75; fish- Wilcox, Aaron: j.p., 19 eries in, 213 Wilcox, Benjamin: to clear Middletown Willington, town of: mileage to legislative meadow, 104 sessions, 72; rep., 5, 139; tpk. in, 92 Wilcox, Eliphalet: to clear Middletown Willis (Wyllys), Ephraim: j.p., 13, 145 meadow, 104 Wilmer, William H.: to form seminary, 84 Wilcox, Everitt: 2d lt., 178 Wilson, Henry: punishment commuted, Wilcox, Noah: rep. Norwalk, 137 292 Wilcox, Normand: 1st lt., 174 Wilson, James B.: 2d lt., 176; 3d lt., 44 Wilcox, Norris: cornet, 174 Wilson, Joseph: capt., 156 Wilcox, Oval: capt., 34 Wilson, Norman: ens., 166 Wilcox, Richard: col., 153 Wilton, town of: mileage to legislative Wilder, Eli: j.p., 13, 145 sessions, 71; rep., 4, 137 Wildman, Eli: prop. is boundary, 235 Winchel, Norman: capt., 32 Wildman, Harvey: prop. is boundary, 235 Winchel, Norman (Normand): payments to, 106 INDEX TO VOLUME XXI 401

Winchester, town of: mileage to legisla- on banks, xxxvi–xxxvii, 64, 64n, 121– tive sessions, 72; rep., 4, 138; schools 32, 121n, 305–9; on credit, xl, 128, in, xlv(n) 130, 131, 300, 304–7, 309; on debt, Windham, county of: common pleas 117, 128, 301, 302, 306, 336; on econ- judges apptd., 10, 12, 142–43; court of omy, xii, xiv, xv, xviii, xxxvii–xxxviii, common pleas in, 49, 231; courts in, 65n, 116–20; on education, xxv, xlv, xxv; inhabitants of, 202n; j.p.s apptd., 298, 309–11; elected gov., 6, 139–40; 16–17, 149–50; j.p.s in, 9n; sheriff ap- on flax dressing, xxxix, 73n, 217, 218n; ptd., 152; state’s attorney for, 139n; gov., 1, 135; on liquor and temperance, superior court in, 49; supreme court of xviii, xxv, xxxiii, xlix. 120, 312–13; on errors in, 48 Maryland resolutions, 62, 62n, 120–21; Windham, probate district of: Chaplin in, messages by, xiv, xviii, xxv, xxvii–xx- 200, 200n; judge apptd., 10, 143 viii, xxxiv–xxxv, xxxvi–xxxvii, 112– Windham, town of: Chaplin formed from, 33, 112n, 297–313, 328–38; on militia, 230, 230n, 231; courts in, xxv; fire co. xxii, xxiii, xxiv, 73n, 112–13; on na- in, 101, 101n; inhabitants of, xxvii, tional prospects, 115–16, 115n; on N.Y. 68n, 315, 316, 320, 325, 325n; lands Steamboat monopoly, xxvii–xxviii, annexed from, 75; mileage to legisla- 328–38; on partnerships, xxxviii–xxx- tive sessions, 71; rep., 4, 138 ix, xxxix(n), 302–3, 302n; on poverty Windham and Mansfield Tpk. Co.: gate and poor relief, xli, 62n, 113–14; on of, 91–92, 92n prisons, xlv–xlvi, 114–15; proclama- Windham County Bank: commissioners tions by, xlii; on public expenditures, of, 9n; inc., xxxv, xlviii, 202–5, 202n, xxxi, 311–12; and Reform movement, 206n xi; relationship with legislature, xiv– Windsor, town of: mileage to legislative v; reopens bill, 267n; on statutes, xix, sessions, 69; rep., 2, 136; in survey, xix(n), xxi(n), 112, 297; sworn, 7, 141; 220, 221; tpks. in, 88, 89, 107 on taxation, xv, xviii, xxv, xxxi, xxxiii, Winegar, Zachariah: j.p., 150 xlix, 120, 311–13; to transmit resolu- Winship, David: school district comt., 292 tions, xxvi; as U.S. treasury secretary, Winship, James: lt., 47 xiv; vetoes by, xv, xxvii–xxviii, 210n, Winter, Zina: ens., 36; lt., 168 211, 328–38, 328n; votes for, 6, 139. Winthrop’s Grant: mentioned, 228 See also Governor (Conn.). Winthrop’s Point: fisheries at, 196 Wolcott, Talcott: j.p., 12, 145 Winton, Charles: j.p., 16, 148 Wolcott, town of: mileage to legislative Winton, Peter: capt., 25 sessions, 70; rep., 3, 137 Wintonbury: meeting house in, 107 Women: and banking, xlviii; and benev- Witherell, Howell: ens., 31 olent societies, 316; and coverture, Wolcott, Alexander: j.p., 19, 151 xlviii; and divorce, xlviii–xlix; and Wolcott, Christopher C.: j.p., 18, 150 manufacuring, 120; and religion, xlvi– Wolcott, Frederick: elected senator, 7, xlvii; and social reform, xlvii; support 140; j.p., 17, 150; president pro tem- for, 79 pore, Senate, 1n; probate judge, 10, Wood, David: j.p., 16, 148 143; senator, 1, 135; sworn, 8, 141; Wood, Israel K.: 2d lt., 44 vote in senate, 210n Wood, Joseph: in H.R. proceedings and Wolcott, Oliver, Jr.: on attachments and debates, 318; rep. Stamford, 3, 137; bankruptcy, xxv, xl, 117–18, 299–307; vote in H.R., 327 402 INDEX TO VOLUME XXI

Woodbridge, Dudley: j.p., 13 Woodworth, Ruth: divorce of, 98 Woodbridge, town of: as boundary, 232; Wooster, Clarke: 2d lt., 177 mileage to legislative sessions, 69; Wooster, Daniel: pet. for tpk., 92 rep., 3, 137; tpk. in, 92n Wooster, James D.: j.p., 14, 146 Woodbury, probate district of: judge ap- Wooster, Samuel: 1st lt., 178 ptd., 10, 144 Worcester, county of (Mass.): canal in, Woodbury, town of: mileage to legislative xxix; common pleas court in, 216 sessions, 72; rep., 4, 138; tpk. in, 275 Work, Henry, Jr.: ens., 39 Woodbury and Waterbury Tpk. Co.: pet. Work, Levi: j.p., 16, 149 for, 92, 92n Worthington, Alfred: capt., 45 Wooden, Elias: j.p., 12, 145 Worthington, Artemas: j.p., 14–15, 147 Woodford, Amasa: j.p., 13, 145 Wrentham, town of, Mass.: meeting Woodford, Francis: lt., 165 place, 219; survey in, 220, 221 Woodruff, Daniel: lt. col., 154; maj., 22 Wright, Charles: ens., 34 Woodruff, Eleazer S.: lt., 163 Wright, Elijah: rep. Coventry, 139; vote in Woodruff, Enoch: cornet, 43 H.R., 327 Woodruff, Francis: lt., 165 Wright, Jonathan 2d: capt., 34 Woodruff, Hiram: ens., 47; lt., 159 Wright, Joseph: lt. col., 153 Woodruff, Ichabod A.: j.p., 14, 146; pet. Wright, Thomas: alien to hold prop., 97 for town, 232, 232n Wright, Wyllys: j.p., 13, 145 Woodruff, Lyman: 2d lt., 173 Writs and Processes (General): in crimi- Woodruff, Morris: j.p., 17, 150 nal cases, 193–94; duties on, 51; and Woodruff, Noadiah: j.p., 13, 145 Sabbath, xliii, xliv(n) Woodruff, Rodolphus: j.p., 152 Wyatt, William E.: to form seminary, 84 Woodruff, Romanta: ens., 165 Woodruff, Urban: cornet, 174 Y Woodstock, town of: boundary of, 221, Yale, Ira: j.p., 14, 146; rep. Wallingford, 3 222, 223, 224–29; colonial jurisdic- Yale, Levi: rep. Meriden, 3 tion over, 222–23; inhabitants of, 9n, Yale, Stephen: capt., 31 322; mileage to legislative sessions, Yale, William: j.p., 14, 146 71; rep., 4, 138; tpk. in, 108 Yale College: O. Wolcott on, xlv, 309, Woodstock Academy: students in, 9n 311; students of, xlv, 196–98, 196n, Woodward, Griswold: j.p., 18, 150 240n; tax exemptions for, xliii, 314, Woodward, Griswold: capt., 34 314n, 317, 319; and University of Ver- Woodward, Nathaniel: Mass. surveyor, mont, 311n 220, 221 Young, Alfred A.: ens., 167 Woodward, Rhodolphus: rep. Stafford, 5 Young, Ebenezer: j.p., 16, 149; probate Woodward, Samuel: rep. Torrington, 138; judge, 10, 143 vote in H.R., 327 Young, Eliphalet: common pleas associ- Woodward, Samuel B.: to form insane ate judge, 12, 143; j.p., 19, 152 asylum, 241 Young, Jeremiah: j.p., 17, 149 Woodworth, Burral: rep. Franklin, 3 Young Ladies Church Missionary Soc. Woodworth, Gurdon: capt., 168; lt., 36 (New Haven): mentioned, xlvii Woodworth, Jedidiah: divorce of, 98 Youngs, Daniel: ens., 161 Woodworth, Rodolphus: j.p., 19; rep. Stafford, 139; vote in H.R., 327