continued happiness, usefulness and honor may attend you both to the end of life, whether in public or in private stations; and that both of you may at last bequeath to the citizens of the Commonwealth over which you have presided, a memory which they shall long delight to cherish with respect and gratitude. Now, gentlemen, both of the legislative and executive departments of the State, we pray that God may be with you, and we bid you God speed. Serve your constituents, serve the Commonwealth, serve our common country - serve them in love - seek no earthly reward for so doing-do what you can to conserve the union, the liberty, the constitution, the prosperity and the progress of our country, and the ancient civic faith, purity and glory of this Commonwealth, — and you shall find and receive your recompense, now, at this present time, in the peace and satisfaction of your own breasts, and, hereafter in the higher recompenses which are to be bestowed upon the good and faithful servant, whether he has been faithful over a few things, or over many things. - AMEN. SENATE....No. 1. Commonwealth of Massachusetts. To the Senate and House of Representatives : In the suit of the State of Rhode Island against this Commonwealth, pending in the Supreme Court of the United States, the Governor was authorized by a joint resolution to retain counsel in behalf of the respondents. The service has hitherto been performed by the Attorney General, with the aid of other counsel, and he claims compensation for that service, but my immediate predecessor entertained doubts whether the joint resolution, which appears to be the only authority, makes a sufficient appropriation to authorize a warrant upon the treasury, and declined drawing one. Having examined it, I am led to adopt the opinion, that it confers too doubtful an authority to be exercised against a positive provision of the Constitution, and therefore submit the matter for the consideration of the Legislature. COUNCIL CHAMBER, J. DAVIS. To His Excellency the Governor and the Honorable the Council. Your Excellency and honors are already informed that by an order of Governor Everett, acting under the Resolve of 24th March, 1832, I left Boston for Washington on 8th January last, to take part in the defence of this Commonwealth, in the Supreme Court of United States, in the suit brought against Massachusetts by Rhode Island. In the confident expectation that the service thus entrusted to me could be accomplished in less than three weeks, I had the satisfaction to enter upon it without delay, and, as I presume, with like expectation on the part of your honors, a warrant was drawn in my favor for $250, for services and expenses "to be accounted for." It is to comply with that direction and to solicit a settlement of account for these services and expenses, that I ask permission to submit this statement. Under an interlocutory order, Rhode Island had obtained leave to amend her original Bill; and the plea of Massachusetts was, by the terms of that order, to be filed on the second day of the January term, viz: 14th January last. It is material in this connection to refer to the fact, that early in the suit, the Counsel of Rhode Island had intimated an intention not to proceed on the Bill, as it was originally drawn, but to move for leave to amend; but this motion was so long delayed, that the answer to the amended Bill was not required till the day above-named; yet, nevertheless, the leading Counsel of Rhode Island had felt himself authorized, in a letter to the Governor of his State, afterwards officially published, to complain that the delay of proceedings was attributable to Massachusetts. It became reasonable, therefore, to expect that the Representatives of the Plaintiff would be promptly on the ground, to the end, that by obtaining a hearing on the first call of the Docket, no delay might be attributable to them, and on this expectation, after a consultation between the Counsel of Massachusetts and a reference to the Governor, Mr. Webster being unable to attend at the opening of the Court, it was deemed necessary that I should be present at that time. To our great regret, the Counsel of the Plaintiff, though by the report of their friends daily expected, did not appear until February, nor by any exertion of ours, was it possible to bring on the argument earlier than the twentieth day of that month. The discussion occupied a week, and the opinion of the Court was not announced until the last day but one of the term. The effect of it we consider to be, by a change in the form of pleading, or a general Demurrer, to ensure a final judgment in our favor; and in the expectation that such might be the result, we were waiting the promulgation of the opinion, and were prepared, and hoped to have finished the matter at that term; and should have been able so to do, if Rhode Island had appeared at an earlier day, or the Court had remained in Session one week longer. In the performance of the duty assigned to me, I was thus most unexpectedly, and to very great inconvenience, detained from home EIGHTY-TWO DAYS; all of which, with the exception of a few days delay in New York and Philadelphia on my return, were devoted to this concern. My expenses, for myself and one member of my family, who accompanied me, and which did not, as I believe, exceed the average of this State's members of Congress for the same period, amounted to seven hundred and fourteen dollars. The travel and attendance of a member for the same term would be $992. Whether that forms any rule of adjustment, is not for me to decide. I respectfully submit the subject to your consideration, requesting only such a settlement as in your judgment is reasonable and just. With profound respect, JAMES T. AUSTIN. Boston, June 24th, 1840. |