The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1828-01-09
WHOLE No. 1858.

rated only upon an estate in him for life. The
demand by the party, plaintiff in the late suits,
VINO claimed the estate, as a remainder an tail,
had been strenuously resisted by the tenants
IN possession, with the aid of able counsel en-
ployed by themselves, and of the Solicitor Gen
eral instructed thereto by the Legislature, and
a learned court had deliberately adjudged the
law IN favor of the right to remain. The COM
missloners also found, that thirty-taco deeds
mad been given, by The Agents for the Govern
ment OF different portions of the estate describ-
| ed IN the Judgment of coufiscation in all of
which were express covenants of warranty of
title to the grantees, and that already se1enteen
suits had been instituted to evict them, or those
who hold under them In two of these suits,
which had been tried, the provisions fthe bet
terment act were pleaded but the verdicts of
lmpaEtia jures afforded little relief, in their an
plicatIon. The whole subject, when Thoroughly
examined and understood, presented but pros
pect OF continued vexation and distress to the
tenants and ofIncreasing responsibility and ex.
pense to the State, which could only be averted
Dy compromise, which should end filtration.
onder these circumstances, and after much time
ana labor devoted to an investigation of the
merits OF the case, and earnest and often res
peated endeavorS to obtain the best conditions
OF settlement, the commissioners concluded an
agreement with the demandant which, upon
REVISION ana mature consideration, has been rat
hed by the Executive. By the terms of this
agreement, the demandant was to execute to
the Commonwealth a conveyance of his whole
estate IN the lands, in fee simple, and to receive
from the treasury in full consideration, the sum
OF seventeen thousand five hundred dollars. to-
gether with the taxable costs in the actions
Wnlcn mad been commenced, amounting to
ABOUT seven hundred dollars more The con-
Veyance has since been made, and the money
paid accordingly.
vi serious concern as this business has thus
Unexpectedly proved, its amicable adjustment
cannot but be regarded as favorable to the in
terests OF the Commonwealth. The legal title
OF the demandant could no lonper be controyerf
ed. Although ii was adiudged bv subord-
nate Jurisdiction, yet so satisfactory had that
decision appeared to a committee composed of
professional men TO whom the subject was re-
ierred by former Legislature, to the eminent
lawyers who constituted the late commission,
and to the Executive Council, that no reasona-
bic expectlon was to be INDUCED of a different
result, upon an appeal TO tha highest tribunal.
On the other hand, the obligation to indemnify
the tenants, and save them undisturbed in the
enjoyment of their possessions, resulted from
express stlpulations, which, whatever might be
the capacity to enforce them, were binding in
law as IN equity, upon the Government The
but not greater than the value, as it had been
already found by the verdicts of two iuries, re-
garding the Just proportion of the parts recov-
cred to the whole, nor yet SO great as the esti-
mate by dislnterested and judicious men called
by the Commissioners to aid in its apprizement,
nor as It was held by the the tenants them
selves The papers which will be laid before
you, will more fully explain all the measures
which were taken to protect the interests of the
state IN the transaction, and will abundantly
snow, that however much the sacrifice at first
view, may appear to have been, no more has
been yielded than was due alike to the claims
OF justice, and to considerations of the hiphest
expedency.
The Legislature having by an order of the
last session, required returns of the numbers of
Deaf and Dumb persons in the several towns
OF the Commonwealth, with view, probably,
to make general and adequate provisions for
the relief of this afflicted class of our fellow be-
lngs, 1t becomes proper, that should commu-
nIcate to you suggestion made by Mr.. Gal
landet, the principal of the Institution at Hart
ford, In an official correspondence with this
| Department. of the inexpediency of sending
| pupils to the ASYLUM under the age of four
teen years He remarks that, g if they are To
ENJOY the privileges of an education, and the
/ males OF learning trade, the time between the
ages of fourteen and eighteen viii be vastly
more valuable to them, than an earlier period
1t cannot but convey the highest qualification
\ to every pnlanthropic mind, to be assured that
| the munfcent and enlighted charity of this
| Commonwealth in affordIng for wears. the
means OF instruction, and of future usefulness
| and enjoyment to more than one fifth of the
number ofpupils in this interesting Institution.
! has been followed by the most conclusive eyi.
1 dence OF corresponding Improvement and benz
or Hl,n,a L
ent, Ihere nave been no Instances of an abuse
OF the public bounty. Under a practical con-
structlon winch has been given to the resolves
OF the Legislature, every person who upon tri-
al is found incapable of profting continuance
! at the ASYLUM, is summarily removed, to give
place to those who have talents 70 reap its ad
vantages. There is also equal cause to be sat-
lshed with the treatment of the pnpils, and the
reasonableness of the charges for their support
1t is with much regret, that | find occasion
again to call the special attention of the Leris.
lature to the concerns of the State Prison
Whence It arises that disappointment in re-
suits, so often follows the best promises of sue
cess, IN the affairs of that establishment is not
easily to be explained. Certain it is, that some
more thorough investigation is required TO ais.
cover the difficulties which may exist, than bos
yet been attempted. In the history of the In
stltution, we have, at one time, complaints Of
It's onerous expense, and at another, objections
to its police and discipline. The public mind
thas never been suffered to be long satisfied
with its condition, or we'll assured Of its future
improvement. For the few last wears. the
great source of disquiet was in the hopeless
ness Of moral reform in the Convicts, from the
manner of their confinement, and the conse-
quent opportunities allowed them for associa-
ton and evil communication with each other
Scarcely is this cause of uneasiness removed
by an etfectual provision of the Legislature.
Tor the construction of building to admit Of
their greater restraint, when an unlocked for
and astonishing reverse appears in the BUSH
three years next preceding the last, the annual
report had exhibited large balances Of crsdit
TO the Commonwealth from the net earnings
N of the prison Thasn hnlnnnne. N.:, -