The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1821-10-31
CALU.NyvY EXPOSED.


charges against him, so that as fast as one is
run dozen, another is started for pursuit.
Almost foul and malignant SANDER has just
been put IN circulation, which, in IFS origin
and progress, is as dsgraceful to its authors, as
its refutation is honorable to the innocent man
who was to have been made the victim of it.
a report has been spread abroad, and will ap-
pear this day, as formal charge in the news
papers, that the present register has defrauI-
Ell the. County to the amount of about ninety
dollars annually, by appropriating to himself
that sum out of the duties accruing to the
County on the Registry OF Deeds I'm other
words, that he has returned to the Treasurer
less number of deeds than what he has receiv-
cd in his Office. more aboIninable caumnv
has never been fabricated. We will explain
to the publick the origin of the SANDER and
we are much mistaken if it does not blast the
cause which it was intended to subserve.
In the first place, we state explicitly, that
Doct. Fiske has Gcvountcd for all Hs duties
Which he has receired. Let US examine the
charge against him. 1t appears, as it is said,
by an inspection of his books, that greater
number of Instruments have been received and
registered, than have been returned to the
County Treasurer as fable to duty. Very
true-and why? Because many Of them are
not liable to duty. and he neither receires duty
upon them, nor does he poy duty! When he
entered into the Office, he understood flat in
different Counties of the Commonwealth there
had been widely different construction of the
law, which imposed duty of seventeen cents
upon each Conveyance Of tile. In some Coun-
ties, certain Instruments had been thought la
bic to duty, which were exempted in others.
In one County, at least, even Mortgages had
not been considered as convevances of title,
hut as collateral securities Tor debt. The Reg
lister, anxious to learn his duty, and to ascer-
tain what he ought and what he ought not to
tax to individuals, took the best legal advice
IN his power he consulted the Judges of the
Circuit Court of Common Pleas, and was adj
vised by them that Sheriff 8 Instruments, Leas-
IS, Discharges, and Assignments of Mortgages,
and few other Instruments, were not to be
considered as liable to duty, because the law
had reference merely TO conveyance of title
from one individual to anothe', and IS as intend
ed as tax upon private sales of land where.
as, the registry of Sherffs' instruments was on
ly Record ola judicial process, and as to the
other instruments, they were not to be viewed
IN the light of common Deeds. Upon this
rule, and in consequence Of this advice, the
Register has ever since acted, openly and with
out disguise, and for five years not a whisper
of complaint has been heard Upon Instru-
ments Of the kind above mentioned. he has
I.otNaxed any duty, and, consequently. has
not accounted for any. Although he has not
considered them as within the purview of the
statute or the tee-bill, and has supposed that
he had right to charge what would BE- rea-
sonaole compensation for recording them, yet
he has generally charged about what the COM
mon copying fees would amount TON some
instancesperhaps tIifie more, and in others
Tess. And 1t is fact, of which the Register
challenges denial, that his Clerk, Mr.. Ward,
has not only expressed his perfect satisfaction
with the course pursued in the Office, but has
expostu'ated with the Register for not charg
ing more on Sheriffs' Deeds, &c.-and in al
most all instances in which he has minutcd the
fees, he has charged more than tie Register has
done. For the truth of this assertion DIR. Fiske
appeals to the minutes made upon the Deeds
in the respective hand writing of himself and
his Clerk. He also appeals to the recollection
OF Deputy-oheritfs and other, officers, who have
brought Deeds for record, whether he has not
generally charged less than they had estiInat-
cd his fees at, when making out their bills Of
cost?
BE the Registers construction of the law
right or wrong, he has put nothing into his
own pocket. What the County has not re-
eeived, he has not received. And if he has
made mistake in favour OF individuals 10 the
prejudice of the County Treasury, he has
gained nothing from the publick--the publiclz
at large have been no losers. II he is wrong,
he is liable upon his bonds--the County can
lose nothing. He is perfectly willing to abide
by the decision of any competent tribunal,
and to pay into the Treasury whatever he may
be thought accountable for, even if he incurs
personal loss. As an evidence that Doct.
Fiske can have had no design to make money
TO himself out of the publick, it ought to be
borne in mind, that, according to the ac-
acknowledgement OF Mr.. Ward, he has taxed
hess for searches than his predecessor, and Of
course, caunot have been guilty of extortion
from the people.
Why, we ask, has not this charge been
brought forward before The truth was as
well known before the last election as now
Why leave it to this late hour, when the Reg
hter cannot have aproper opportunity for ex-
EanatonI Simply, as we believe, because
The calumniators were afraid the result of an
examination would be against them, and they
thought it their best policy to excite alarm and
suspicion among the people at season when
they could not be easily removed.
We now wish to call the attention Of the
publick to the origin Of this vile slander--be-
Iievng, that if the good people of this County
once know the contcmptible means which are
employed in behalf of MIR. Ward, they will