USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 2 > Part 36
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And the petitioners having been conscious that the town are ready to do so, have betaken themselves to this slender plea of passing Winnisimmet Ferry, which we apprehend they would never liave done, were there not some secret springs of their actions, which we cannot account for, notwithstanding all their dutiful and affectionate regard to their mother town, so fully expressed in their present petition.
But inasmuch as they think it most for their service to lay so great stress upon that single, tho' small inconvenience, we think it incumbent upon us to observe, that there has ever been given them so little interruptions in that matter, as that, neither they,
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CHAP. XXXIII INCORPORATION OF CHELSEA
nor their predecessors have ever heretofore tho't it sufficient cause of complaint to the town, nor can they say that one year in ten (cominnnibus annis) for the time past, they have been prevented in giving their attendance at town-meetings, nor can it be reason- ably supposed, that for the future they will otherwise be inter- rupted by that means, which they make no difficulty of, in daily exposing themselves to in the common affairs of life, But should they, yet their coming by Penny Ferry will be attended with very little charge and trouble.
We would now humbly beg leave to lay before your Excellency and Honors the mureasonableness of the prayer of said petition.
1. In respect to the inhabitants of the district it ought reason- ably to be supposed that when any petition is prefer'd to this hon- orable court for such a separation as is desired by the petitioners. that it is the mind of the principal number of the inhabitants, or to remove some grand inconvenience, or to preserve peace and good order, or lessen the charge with which said district labors under their present circumstances. Neither of which we apprehend can by any means be pleaded in the present case.
For it's very observable that not one third part of the inhab- itants of that district have signed their names to any of their petitions, and consequently that they cannot by any means be thought as consenting thereto. More especially John Yeamans, Esquire, Joseph Thompson, Esquire, nor their agents, nor the Rev- erend Doctor Sewall, are anyways privy to the deliberations had, nor drafting of, nor presenting, said petition to this honourable court, notwithstanding, they are the proprietors of Noddle's Island, Hog Island, and very valuable farms at Rumney Marsh. And further we find by the rates and taxes that one hundred and twenty- one persons are rated and taxed within the said district, and, but twenty-eight persons' names subscribed to the depending petition.
And as to any grand inconvenience, all that is pretended is the small trouble of passing a ferry, which we humbly conceive would not have carried so great weight with it (tho' all the inhab- itants of that distriet had subscribed to the petition), as to have influenced this honorable court to separate sneh a valuable mem- ber from the body of the town of Boston, especially considering how small a traet of land, and how unable they are to support the necessary charge of a separate township.
And as to the promoting of peace and good order it ean never be suppos'd, that the granting the prayer of such a small number of petitioners, whereby a much larger and more valuable umber must be necessarily coneluded, can ever be attended with such desireable effeets.
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HISTORY OF CHELSEA
[CHAP. XXXII
And as to the lessening the small and favorable charges, with which the said district has been assess'd, it is very reasonable to sup- pose that their charge will (upon sueh a separation) be near double.
2. In regard to the town of Boston we humbly apprehend that by sneh a separation the town will be strip'd of a very valuable rever- tion, which will revert to the gospel ministry in the town of Bos- ton, under certain regulations, being no less than three or more valuable farms at Winnisimet, being part of the estate of Governor Bellingham, bequeathed to his wife, after his wife's deeease then to his son and his daughter, and, after their decease, the whole estate to pass, and, the annual ineome to be apply'd, to the eneouragement of the gospel ministry, &e. As by an extract from the record in the Probate offiee, for the eounty of Suffolk, may more fully appear.
Moreover it's well known that the town of Boston labours under very distressing eireumstanees upon many aeeounts.
The visible deelension of our trade, and the growing advantages of the husbandman, especially those, who by the nearness of their lands to the town of Boston, have the greatest opportunity of mak- ing such singular advantages, as the members of the town of Bos- ton, under these present eireumstanees are very great strangers to, especially this valuable part of our body (ealled Rumney Marsh), who by the indulgenee of the town are grown rieh, and well able to help us under our present difficulties, for Boston being the reeeptaele of almost all the poor that come into this Provinee, by reason that most foreigners fix here, and eannot be prevented, pro- vided they bring with them the value of fifty pounds, or are able- bodied tradesmen, or indented servants, or sailors under most eir- eumstanees, ereate so great a charge to this town, that instead of having the least of our members separated from us, we cannot but hope and desire that this honourable eourt will so far take our distressed eireumstances under their most wise and just eonsidera- tion, that they will afford us sueh aids and advantages, as may, in some measure extrieate us therefrom.
And inasmuch as the general eourt of this provinee at their session, the third day of September, one thousand, six hundred, and thirty-four, annex'd Winnisimet and Rumney Marsh to the town of Boston, so we ean but hope and desire that this honour- able eourt will not, without the strongest reasons and most press- ing necessity separate that valuable member from us.
All of which is humbly submitted.
Hugh Vans, Joseph Marion,
Jas. Allen, Edw. Bromfield,
Nath'l Cunningham.3
Boston Rec. Com. Rep., xii. 205-208.
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INCORPORATION OF CHELSEA
CHAP. XXXII]
1738, Dec. 1. MEMORANDUM. - The selectmen having signed the answer of the town of Boston to the Rumney Marsh petition, it was delivered, with the several copies referred therein, to the representatives of the town, in order to their presenting it to the General Court, according to the vote of the town, the 27th of Nov., current.4
ACT OF INCORPORATION
Anno Regni Regis, Georgij Secundi Duodecimo
An act for erecting all the lands within the Town of Boston, lying on the northerly and north eastwardly side of the harbour heretofore called Winnisimet, Rumney marsh, and Pullin Point, contained in a division, or district, of said towns, called number thirteen (excepting Noddle's Island, and Hogg Island) into a distinet and separate township by the name of. -
Whereas, the inhabitants of the town of Boston, that dwell in the district, called Winnisimmet, Rumney Marsh, and Pullin Point, lying on the northerly and northeasterly side of the harbour, have represented to this court that they labour under great difficulties, by reason of their remoteness from the body of the said town, and separated by the river that renders their attendance on town- incetings very difficult, and whereas they have a long time since creeted a meeting-house for the publick worship of God in that district, and have addressed this court, that they may be set off a distinct and separate township, be it therefore enacted, by his Excellency the Governour, council, and representatives in general court assembled, and by the authority of the same, that all the lands within the town of Boston, that lay on the northerly and northeasterly side of the harbour, and which heretofore were con- tained in that district of sd. town, called Winnisimet, Rumney Marsh, and Pullin Point, or otherwise called number thirteen (excepting only the said islands, called Noddle's Island and Hogg Island) be, and hereby are, set off, and constituted a separate and distinet township, by the name of - the bounds, whereof, being as follows, viz,: southerly, on the harbor, westerly on Malden line, beginning at the mouth of Malden Creek, which creek is the bounds, as far as an island, called Moulton's Island, to a stake and leap of stones on the salt marsh, about twenty feet from the river, at a little distance from the afores'd island, and whereon the Widow Mitchell, now dwells, and from thence, E.N.E., across the marsh, to a stake, standing in the wall dividing Whittemore and Dan'll Watts' land, about forty feet from s'd marsh, and from
Boston Rec. Com. Rep., xv. 146.
VOL. 11 -24
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ICHAP. XXXII
thence, on the hill, to a stake, standing in the wall of the aforesaid division fence of Whittemore and Watts, and from thence to a stake in the widow Sergeant's land, marked B.M., with an apple- tree standing by it, on ye west side of a stone wall, from thence to a large white oak tree, standing at the N.E. of the afores'd widow Sergeant's land, from thence to a large old white oak tree, in Thomas Pratt's land, marked B.M., from thence to a stake, with a heap of stones about it, in said Pratt's land, from thence to a stake with an heap of stones about it in ye country road against the southwest corner of Judge Dudley's farm, from thence to a white oake tree at the N.E. corner of Simon Grover's orchard, from thence N. E., and by N., to a stake with an heap of stones about it, in Capt. Oliver's lowland, from thenee over the creek to a small white oak tree, in Capt. Oliver's land, now in the possession of John Lathe, from thence to a stake on the west side of the road at the N., or northwest corner of the barn, of the above s'd John Lathe, from thenee over the bridge, across ye country road, up a great hill of rocks, behind the house that black Jack dwells in, to an old pitch pine stump with an heap of stones about it, also a young pitch-pine tree standing close by it, marked B.M., from thence to a seeder stake with a heap of stones about it by Mr. Breedeen's fence, from thence to a black oak stump, in the S.E. corner of Lemuel Jenkins' land, from thence to a black oak tree, marked B.M., standing in the divisional line between Jenkins' and Breedeen's land, from thence to a white oak stump standing in a valley in ye S.W. corner of Berry's land, from thence to a walnut tree standing in the division fence between Berry's and Jenkins', marked B.M., from thence to another walnut tree stand- ing in s'd division fence on the south side of an hill, from thence to two old stumps with an heap of stones between them in the N.W. corner of Berry's land, from thence to an heap of stones on the south side of an hill, between Breedeen's and Jenkins' land, from thenee to an heap of stones on a great hill on a rock, from thence to an heap of stones between Ezekil Jenkins' and Rob't Ems' land, from thence to an heap of stones on a great roek, from thence over the liill to a hollow walnut tree, with two holes cut in it, marked B.M. with a heap of stones about it, from thenee to an old black bireh tree standing in a swamp, marked B.M., from thence to an elm stump, with an heap of stones about it, from thience to an heap of stones on a knole, from thenee to an old white oak tree, on ye north side of Long Pond, marked B.M., from thenee to an heap of stones on a hill, in Thomas Douglass' land, from thenee to a black oak tree, on a hill, by the side of a wall marked B.M., from thence to a stump by the side of a wall, with a small oak tree by
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CHAP. XXXII] INCORPORATION OF CHELSEA
it, marked B.M. from thence to a white oak stump by the side of Squires' Brook, from thence to a white oak tree, marked B.M., from thence to a stake on a hill, with an heap of stones about it, marked B.R.M., being the ancient boundary between Boston, Reading and Malden, and is bounded upon Reading as follows, viz. : beginning at the aforesaid stake on ye hill, called Tear Britch hill, from thence, N.W. and by N., to an heap of stones on a rock, from thence to an heap of stones round an old stump, from thence to a black oak tree, mark'd B.R., from thence to an old maple stump, in Eben- ezer Nichols's orchard, thence to an heap of stones on ye side of an hill, from theuee to another heap of stones on the side of an hill, and from thenee, running N.E. and by E., across low meadow land, to an heap of stones on an hill, from thence to another heap of stones within sight of the three county heap, from thence to the three connty heap of stones, which is the ancient boundary between Boston, Reading, and Lynn, and is bounded upon Lynn, as follows, viz. : beginning at the ancient bonnd mark, Brids Brook, where it runs across ye road, and from thence to an heap of stones on a rock in Baker's field, from thence to an heap of stones by a small walnut tree, marked B.L., in Baker's pasture, from thence to a small black oak stump with an heap of stones in a pasture formerly Mariam's, now in the possession of Jonathan Wait, from thence to a black oak tree on a little hill inark'd B.L., with an heap of stones in Mr. Cheever's land, from thence to a white oak stump with an heap of stones, near a small white oak tree, marked B.L., in said Cheever's land, from thence to an heap of stones on a rock in said Cheever's farm, from thence to a white oak, marked B.L., with an heap of stones in a little swamp, from thence to an heap of stones on a flat rock, from thence to an heap of stones, from thence to a crotched tree, marked B.L., in the wall between Cheever's and Boardman's land, and so the line runs across a small rivulet, and to the door of the house of the said Boardman, which is marked B.L., and so through the stack of chimneys in said house, from thence across a small brook to a sinmp of a walnut tree, with an heap of stones, in said Boardman's field, from thence to a wahut tree, marked B.L., on ye south side of an hill, near Felt's house. from thence to a rock with an heap of stones, in land called the six hundred acre right, from thence to a black oak, marked B.L., with an heap of stones, from thence to an heap of stones, from thence to a tree marked B.L., with an heap of stones, from thence to an heap of stones near a walnut tree, from thence to a walnut tree, marked B.L., with an heap of stones, from thence to a small red oak, marked B.L., with an heap of stones, from thence to an heap of stones on ye side of an hill, from thence to an old large
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HISTORY OF CHELSEA
ICHAP. XXXII
white oak, marked B.L., with an heap of stones, fromn thence to the great heap of stones, called the three county heap (about four rod and an half from the said tree,) that being the aneient boundary between the towns of Boston, Lynn, and Reading, and is further bounded northerly on the salt water creek, and casterly on the sea and Pullin Point Gutt, and be it further enaeted, that the inhab- itants of said town, be, and hereby are, accordingly endowed and vested with all powers, privileges, immunities, and advantages, which ye inhabitants of any other towns in this provinec, by law have and enjoy.
In the House of Representatives, Dee. 27, 1738. Read a first time; 28th, read a second time; Jan. 2, read a third time, and passed to be engrossed.
Sent up for coneurrence.
J. QUINCY, Speaker.
In council, Jan. 6, 1738-[39]. Read a first time. Jan. 8, read · a second time, and eoneurred.
SIMON FROST, Deputy Sec.5
In the House of Representatives, Jan. 8, 1739-[40].
Whereas, an aet passed in the eleventh year of the reign of His present Majesty, King George, the Second, for supplying the treas- ury with the sum of twelve thousand, five hundred pounds, for the drawing in whereof, a tax was then granted to be levied on the polls and estates of the inhabitants of the respective towns within this provinec, which were aceordingly ordered to pay the sums, to them severally affixed; in which said aet a proviso was made that the general court, at their session in May, one thousand, seven hun- dred, and thirty-nine, might by an Aet, then to be made, apportion the aforesaid sun on the several towns, if they saw fit, and the town of Boston, who were by the aforesaid Aet, for supply, assessed to pay, as their proportion of the aforementioned twelve thousand, five hundred pounds, the sum of two thousand, two hundred and fifty pounds - - have since that time had sundry of their inhabitants with their estates, ereeted into a separate and distinct township, by the name of Chelsea, whose proportion of said twelve thousand, five hundred pounds -.- appears to be thirty-six pounds, eight shillings, and one penny. - - but no eonsideration has, as yet, been had thereof by this eourt, and the treasurer, having some time sinee, sent out his warrants to the seleetmen or assessors of the said town of Boston, requiring them to assess their inhabitants the whole of the aforesaid sum of two thousand two · hundred and fifty pounds. Therefore,
5 Mass. Archives, cxiv. 307-311.
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CHAP. XXXII] INCORPORATION OF CHELSEA
Ordered, That the selectmen or assessors of the said town of Chelsea be impowered and directed forthwith to assess the said sum of thirty-six pounds, eight shillings, and one penny, on their said town, in such manner, as is directed in the aforesaid Act, and the list of assessments so made, they are required to commit to the collector, constable, or constables, of the said town, who are hereby required and impowered to collect the whole of each respective sum assessed on each particular person, and pay in the same to the treasurer of the town of Boston, at, or before, the last - - day of March, - - next.
Sent up for concurrence. EBEN POMROY, Speaker, pro tem, In Council, Jan. 8, 1739-[40].
Read and concurred.
J. WILLARD, Sec. [Jan.] 9. Consented to, J. Belcher."
By the persistence of the inhabitants of Number Thirteen, and against the remonstrance and opposition of the other portions of Boston, a new town was erected.
This measure, though brought abont with the concurrence, if not the hearty wishes, of the principal citizens, was not a wise one. Three times their successors have endeavored to repair the mischief, but without success.
Unable to show any substantial reason for separation, the petitioners resorted to the flimsiest pretext, that in March, the season of the town meeting, prevalent storms interfered with their only access to the town's meetings. Never was reason more ridiculous assigned for the important step they were about to take. Their numbers were few, and as they soon found, their property and estates were insufficient for the respectable maintenance of a separate town government.
Nothing remained, however, but to go forward and organize a town government.
" Mass. Archives, cxiv. 499, -500. Acts and Resolves of the Prov. of Mass. Bay, ii. 969.
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HISTORY OF CHELSEA
[CHAP. XXXIII
374
CHAPTER XXXIII CHELSEA AS A TOWN
First Town Meeting Ordered to be Called
Province of Massachusetts Bay. In the House of Representa- tives, Jan. 11, 1738-[9]
Ordered, That Samuel Watts, Esquire, a principal inhabitant of a new town lately ereeted out of the town of Boston, in the county of Suffolk, ealled Chelsea, be and hereby is fully author- ized and impowered to assemble the freeholders and other quali- fied voters there, on the first Monday in Mareh next, in some convenient publie place in said town, in order to their ehusing a town clerk and other town offieers for the year then next ensuing. Sent up for coneurrenee, J. QUINCY, Speaker. In council, Jan. 11, 1738-[9].
Read and eoneurred, SIMON FROST, Dep. Seery.
12: Consented to, J. BELCHER.1
The Warrant
To Constable Samuel Floyd, Greeting. . . .
Pursuant to the order of the Genl. Court of the twelfth of this Instant, a Copy whereof is here to annext, You are hereby required to warn all the freeholders and other qualified Voters of the town of Chelsea to meet at the new meeting-house in said Town on the first monday in Mareh next, at ten of the elock, in the forenoon, in order to choose a Town Clerk and other town offieers, as the law directs, to serve for the year then next ensuing. Hereof fail not, and make return of this warrant with your doings thereon unto my self at or before said day. Given under my hand, at Chelsea, this 27th: day of Jan'ry, in the twelfth year of his Majesties reign, A. Domini, 1738-9.
SAMUEL WATTS.
First Town Meeting
At a town's meeting for the choice of a town elerk and other town offieers, the fifth of March, [1739], voted as moderator of this meeting, SAMUEL WATTS, EsQ.
1 Mass. Archives, cxiv. 316.
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CHAP. XXXIII] CHELSEA AS A TOWN
It was moved by several that the town officers be chosen by a majority of the electors present, and voted in the affirmative.
"The town proceeded to the choice of town officers, and voted as town clerk, Nathaniel Oliver, Jr. ; 2 as town treasurer, Mr. Samuel Tuttle; as selectmen, Messrs. John Brintnal, Thomas Pratt, John Floyd, Samuel Floyd, Nathan Cheever.
Voted, the selectmen to be overseers of the poor and assessors.
Then voted, this meeting be adjourned; accordingly adjourned to three o'clock, post meridiem.
Post Meridiem, four o'clock. Met and proceeded to the choice of the other town officers, and voted as constable, Mr. Daniel Tuttle.
It was moved whether the selectmen should be the surveyors of highways ; and it was voted in the negative.
Then voted as surveyors of highways, Messrs. Nath'l Oliver and Samuel Pratt.
Voted as sealor of leather, Mr. John Parker; as fence-viewers, Messrs. Nathan Sergeant and Samuel Berry ; as hog-reaves, Messrs. James Stowers and Jonathan Belcher; as sealor of weights and measures, Mr. Jacob Hasey ; as an haward, Mr. John Hascy. Then it was voted this meeting be adjourned, sine die.
Second Town Meeting
March 20. At a town-meeting for the choice of officers instead of those that may not serve the town as chosen, March ye 5th. To see if the town will continue the school. To choose a committee to wait on the selectmen of the town of Boston to see if they will give anything towards repairing our highways. To see in what method the town will mend their highways the year ensuing; and to see what the town will do respecting a pound.
Voted, as moderator of this meeting, Samuel Watts, Esq. Mr. Joseph Belcher moved his son, Jonathan Belcher, be excused
2 Nathaniel Oliver, Jr., one of the most respectable men in town. was often elected to office, once, in 1748, as constable. Service was com- pulsory, unless excused, or on payment of a fine into the town treasury. Men were sometimes elected for the fine they would pay to eseape ser- vice. In 1748 Oliver, having been elected, desired to be exensed, which was granted. Whereupon the town elected a man more notable, even. Hon. Samuel Watts, who agreed with William Boardman, Jr., to serve in his place. The town approved this. Mr. Oliver then promised the town. in consideration of their releasing him from the office, that if he should move from town, before he had served in it, he would give the town fifty pounds, in old tenor bills, as a free gift. Town Ree., i. 26.
The next year they elected him representative to the General Court.
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HISTORY OF CHELSEA [CHAP. XXXIII
as hog-reave, to which office he was chosen, on March ye 5th, past ; and voted, he be excused. Capt. Nath'l Oliver moved he be ex- cused, as surveyor of highways; and voted to exeuse him. Mr. Samuel Pratt desired he may be excused as surveyor of highways; and voted in the affirmative.
Then, it was urged by several that the highways be mended the year ensuing by a tax and draught on the treasury; which being put to vote passed in the negative.
The question was then put, whether the town will repair the highways by a rate of days work; and voted in the affirmative. Then, voted as Surveyors of Highways, Messrs. Samuel Breeden and Elisha Tuttle.
Voted, as an hog-reave, James Eustice. Voted to continue the grammar-school, provided any persons appeared to make up the difference of charge between a grammar and writing-school. Then it was urg'd that the Selectmen have instructions given them respecting the regulation of the school .. And voted, that the select- men visit and examine the school, as often as they think needful, and make report at their annual meeting of the town respecting the care and conduct of the master; and the proficieney of the youth attending the school; and also to fix or move the school, as may best eommode the town; and appoint stated hours to keep school. Voted, to leave the affair of the pound wholly to the select- men. Voted, the selectmen be a committee to wait on the select- men of the town of Boston, and treat with them respecting our charges this year; and expostulate with them to refund us our full proportion of the tax this year ; and defray our public charges to the end of the year.3
Upon Mr. Elisha Tuttle's refusal to accept of the office of Sur- veyor [of Highways], to which he was this day chosen, and resolv- ing to pay his fine, inasmuch as the town would not excuse him, voted in his stead Mr. Jacob Hasey.
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