The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1827-01-10

formity and certainty in the manner OF ex-
ercising their Office. By the provisions OF the
statute, the Commissioners, in their discretion,
may now hold their sessions at any season,
and in any place, for the purpose OF receiving
petitions and they will be, and often are ur-
ged and expected to assemble, to determine
upon single application. Their duties, in
the aggregate, are multifarous, arduous and
highly responsible. They present the anomaly
of judicial, ministerial, and executive func-
tions, united in the same official character.
They are required TO adjudge way, to fix
| its precise location, and to cause 1T 10 ne
constructed. They appropriate the lands OF
individuals to the public use, and assess the
equivalent, which the public shall par to lndi-
viduals. The performance OF these various
services calls them into distant and opposite
parts of county and unless they hall, al
fired and stated periods, determine Upon the
whole business before them, and arrange the
order of its conduct for the season, they must
be subjected to the inconvenience, and the
county to the expense, Of repeated travel
into the same districts If country, to view
new routes, to decide npon projects which
private interest or a supposed need OF public
accommodation will continually suggest, and
| to contract for, or superintend work which
they may find occasion, from time to lime, to
direct In the execution Of their othte, they
are also necessarily called to make lpteriecu-
tory orders and decisions, under cironmstan
ces not favourable to careful and satisfactory
record Of ther doings. Neither one Of their
numher is constituted certifying officer. 1t
may and frequently will happen, especially IN
the larger counties, that the same Individuals
will not be present at the hearing of all cases,
and hence arises greater danger of incorrect
ness, and want of precision, in the certificates
which are required to be made. 1t will be
found, think, upon reference to he books
of our Judicial Reports, that the adjudica-
ton, laying out, and recording theIproceed-
ings of Courts, in relation te hlghw,ys, have
heretofore been attended With much legal
difficulty, and have required me exercise OF
great care and technical skill, 10 avid objec-
ton. No subject of judicial cogniz;nce is of
f more importance, for no prerosative of the
f Government is higher than that which can di-
vest the freeholder of his possessions, anacre-
ate an easement for the public, out o his
| absolute fee. Impressed with the weigt OF
these considerations, feel it my duty &c rec
ommend an amendment of the Statute, isuch
manner as to establish, by law, fixed andstat-
ed meetings of the Commissioners, at which
{ only, petitions shall be received, leaving now
to the Board to determine upon such other
occasions for assembling, as the further eiecu-
: ton Of their office may require; and te pro-
: vide also for the appointment OF Clerk who
may be either the Chairman, OF some other
, person, as the Legislature shall deem most ex-
} pc lient but who shall be made certifying
: officer, and sworn az sucn, and whose duty IL
= shall expressly be declared. to attend all
meetings of the Commissioners, and under
their direction to make up and certify the
) Records of their proceedings, in the manner
4 which they are now enjGned to do. would
: also on this occasion advert to the circum-
stance, that while in all >he counties IN which
there are .fiUe Commissioners, a majority are
competent to the transaction of business, in
the counties of Barnstablt and Dukes, IN each
of which, the appointment of but three is au-
thorized. the presence of the whole number
r is made requisite. This provision was proba
h bly, unintentional. There is danger howeve
usRd NAV ayt &c SIC 4
il delays and disappointment prejuacial tt
a the public interest. The Legislature vii
t judge of the propriety of amending tn, Statut,
5 in this particular, and of constituting eithe
g two of the Commissionsioners in B3rnstabl,
S and Dukes Counties, respectively. ccmpeten
: to the discharge of the appropriate duties o
the Board.
: sed on the 18th of February last, authorizing
the erection of an additional building within
: the limits of the State Prison yard in Charles
r town, plan nearly corresponding with tha
z OF the Prison at Auburn in the State of New
York, and arranged for the separate con
hnement OF three hundred convicts, was early
: adopted by the Executive, and tae work ha.
, been since commenced and prosecuted, with
asgreat diligence and advancement as the pro-
! curement of materials and the profitable ap.
phcation OF labour would allow. According
, to minute statement of its progress, recently
made to me by the Warden, who, by law, is
charged with the personal superintendent Of
erecting and completing the building, the foun-
dation, composed of about fifteen hundred tons
OF heavy stones, placed upon a natural bed OF
CLAY five feet below the surface of the earth,
is finished, and part of the flooring over this
foundation, of large slabs of granite. in solid
masonry, is laid. The work is executed in
the most careful and thorough manner. The
whole of the manual labour has been per-
formed by the convicts, with the exception OF
a single master Mason. The expenses al
ready incurred, charging their labour, and
inclusive Of three thousand dollars for the
erection of two capacious and substantial
sheds for the protection and permanent ac-
commodation of the stone-cotters, while at
work, which became Indispensable, amount
to eighteen thousand dollars. OF this sum
thirteen thousand dollars have been paid from
the credits of the Prison, aud five thousa nd
dollars from the Treasury of the Common
wealth, on an appropriation made by the
the building may conveniently and economi-
cally be completed in one year and halt
from this time, and that this period cannot be
much anticipated, but at great additional ex
pense. His interchangeable and successful
management of the business affords satisfac-
tory assurance that there will be no avoidable
delay in its accomplishment. There probably
will not be occasion for further appropri
alton of money from the Treasury, to this oh.
ject, the present session. 1t becomes proper,
for me to state TO you that il has been found