USA > Massachusetts > Suffolk County > East Boston > History of East Boston; with biographical sketches of its early proprietors, and an appendix > Part 38
USA > Massachusetts > Suffolk County > East Boston > History of East Boston : with biographical sketches of its early proprietors, and an appendix. > Part 38
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This letter was considered as placing the Island route in so favorable a light that it led to a survey for the turnpike across the Island, and the route was marked out on the plan of the
425
1801.]
SURVEY FOR TURNPIKE.
Island drawn by William Taylor, Esq., 21st of Oct., 1801, and there seemed no good reason why the project should not be carried out. This route commenced at the north battery, which was to be connected with the west end of Smith's hill by a bridge ; thence it ran from Smith's hill to Chelsea creek by the easterly end of Eagle hill, making an angle there, and after crossing the creek, in a direct line to the east end of Cheever's hill in Chelsea, where it met the route which the committee had before surveyed from Salem to Charlestown.1
All recollection of ever having written this letter had passed from the mind of the writer, until it was given him by a son of Mr. Brown, who had received it from his father, with some complimentary remarks upon it.
At that time the democratic party, which was then dominant, was averse to a naval establishment. The president openly avowed his policy of substituting gunboats for a navy, on the ground that the latter would embroil us with foreign nations, while all that was necessary was to defend our own harbors, for which gunboats were sufficient. Thus there was no need of large ships, and consequently no use for navy-yards. The army was then the favorite of the administration, while the navy was the object of especial interest to the opposition. John Adams, the father of the navy, when president, was accused by his political antagonists of having wastefully expended vast sums in building large frigates, which the state of our foreign rela- tions did not require. Jefferson, who succeeded him, con- structed gunboats, to be used for the defence of our harbors, which he considered would be the only use for a naval force.
The Williams journal under date of the 2d April, 1801, after Mr. H. H. Williams had removed to Chelsea, says: "Gentlemen from Salem called here [Chelsea] this morning ; they had been surveying the land from Salem in a direct line to Dr. Dexter's farm, as they have in contemplation a road that way which will make the distance to Boston much shorter. Papa accompanied them through Chelsea ;" and again, 28th May : " General Waldo from Salem breakfasted here by appointment, with Mr. Taylor, to survey the distance from Salem to Boston, as they talk strongly of the bridge; they surveyed here from six o'clock till twelve, and then went to Charlestown."
36 *
426
HISTORY.
[1801.
This system, for a time, received the public favor. Sloops and other vessels of war were sold, and the frigates laid up in ordi- nary as useless lumber ; hence the president was sarcastically called by his opponents, " Gunboat Jefferson." Had this sys- tem been continued there would have been no obstacle to the route over the Island which could not have been surmounted. In 1803, however, orders were issued to complete the dock-yard at Charlestown, and this was taken as evidence that the gov- ernment was about to change its policy. This gradually but eventually took place. The navy fought itself into favor in the war of 1812, which was emphatically a naval war, and it has ever since been the care and pride of the country. The turn- pike route over the Island was now given up, from the fact that the proposed bridge from Smith's head to the north battery would be too great an obstruction to the passage of ships of war to the navy-yard.
Thus this plan for connecting the Island with the city failed on the very eve, as it were, of accomplishment. No feasible opportunity afterward presented itself to prosecute this desira- ble object until the project for the Eastern Railroad was started. The writer then turned his attention to uniting, as far as possi- ble, the different interests in the Island, with a view to impor- tant improvements upon it, and to secure the passage of the proposed railroad over it, in this manner securing the connec- tion of the Island with the city, and immeasurably enhancing the value of the estate. The difficulties and obstacles encoun- tered and eventually overcome in the proceedings preliminary to any actual operations upon the Island have been given in the letter to William C. Barstow, Esq., which, although written for another purpose, has been considered as containing facts which may, with propriety, be inserted as introductory to this his- tory.
It has been stated,1 that in the division of the family estate after the death of Mrs. Sumner, her two sixths of the Island fell by lot to Mrs. Eliza Gerard of New York, wife of James W. Gerard, Esq., and sister of General Sumner. For a long
1 Ante, page 25.
427
OBSTACLES TO IMPROVEMENT.
1828.]
time his mind had been directed to this part of the estate as peculiarly situated for valuable and lucrative improvement, as has been seen, and, as was natural under the circumstances, had hoped that the Island, or rather the Sumner share of it, would come into his possession.
Although his legal interest in it ceased by this division, the two sixths of the Island having passed into the possession of Mrs. Gerard, he exerted himself to do for his sister what he would have done for himself, and immediately, with no motives of self-interest, made endeavors to improve it for her benefit. As, indeed, at this time there was no prospect that the Island, or any part of it, would ever come into his possession, and whatever improvements might be made upon it would benefit others, no other desire than that of increasing the value of his sis- ter's property could influence him in the efforts he made to bring about the desired end. This remark is made in order to antici- pate or prevent any idea that might be entertained that the original plan had its origin in selfish motives. Acting succes- sively in the capacities of guardian, attorney, and trustee of his sister, he energetically exerted himself to make the Island a source of greater income to her, with the same zeal as if it had been his own. With this object he endeavored to unite the Greenough interest in the Island (three sixths) with the Sumner interest (two sixths), to which he hoped to add the other one sixth, which had belonged to his uncle Hyslop, whose widow had married Mr. John Hayden, and by thus bringing the whole of the Island into one plan for improvement, and uniting all the interests, be the better enabled to accomplish his purposes. But now, when all things else seemed favorable, an unexpected obstacle put a quietus upon the whole plan. Mrs. Gerard was averse to any thing like speculation, which had involved the rest of her property ; the Island was at this time bringing in a moderate income as a farm, and, although this income was comparatively small, she preferred it to incurring the risk of land experiments, and so great was her unwillingness to engage in the enterprise, that there seemed no probability that it would ever be accomplished. She expressed a readiness to sell one half of her interest, and retain the other half, in order to avail herself of any improvements which might subsequently be
428
HISTORY.
[1830.
made ; but at the same time she did not wish "to take any interest in any company to be formed, or to expend any money in the prospect of speculation." This feeling and de- cision, it will readily be seen, was an obstacle which must be overcome before any progress could be made, at least, so far as her interest was concerned. The writer was consequently unable to prosecute his purpose, and the project was aban- doned, much to his regret, as he was anticipating, even then, the results which afterward followed.
In addition to this obstacle was another. Colonel Greenough, grandson of Mrs. Deacon Greenough, one of the devisees of the Island and the father of the gentleman who was lately solicitor of the East Boston Company, had formerly encouraged the expectation, that, when he had the control of it, he would unite his interest in the enterprise ; but, after his father's death, he declined any proposition to that effect, and preferred letting the Island estate remain in its then condition. From these sufficient causes it seemed probable that the cherished idea of increasing the value of Mrs. Gerard's property would fail of realization. Without a change in her opinions, General Sum- ner had no particular object in prosecuting the purpose ; for a time it was given up, and the Island was let for a farm as formerly, at a moderate rent, averaging, by calculation, $702.71} annually, of which Mrs. Gerard received one third.
The course of events soon took a direction by which the writer became interested in his own right. On the 6th of August, 1830, Colonel Greenough suddenly died of apoplexy, and a few months afterward, the writer ascertained that it was the purpose of the administratrix and guardian of the children to dispose of the Greenough interest in the Island, which gave so small an income in comparison with the interest of the price for which it probably could be sold. General Sumner obtained a refusal of the Island at a certain price, and secured a written offer of the terms of sale; he then opened the sub- ject to his friends, Hon. Stephen White, a man of influence and a capitalist, who had recently removed from Salem to Boston, and Francis J. Oliver, Esq. of Boston, a man of distinction and enterprise, president of the American Insurance Company, over which Mr. J. I. Bowditch now presides, to secure their
429
PROPOSALS OF SALE.
1832.]
cooperation. The reasons for this step were, that the writer thought the projected enterprise was too large for any indi- vidual with small pecuniary means to undertake, and by asso- ciating the above-named gentlemen with himself, he would unite the interests of Boston and Salem in the proposed im- provements, besides giving prominence to the project, and ob- taining assistance in carrying it into effect.
In a letter to the writer dated the 12th January, 1832, Mrs. Greenough, administratrix of her husband's estate and guardian to his children, with the advice of her brother, James C. Doane, Esq., and her late husband's friend, William D. Sohier, Esq., who acted as her attorney in settling the estate, announced her will- ingness to sell to him her late husband's share of the Island at an hundred dollars an acre for the upland and marsh, or thirty- two thousand five hundred dollars for her half, payable one fifth part upon delivery of the deed, and the remainder secured by mortgage or otherwise, to her satisfaction, payable at some dis- tant day at five per cent. if the necessary power could be obtained, reserving the right to avail herself of the first satisfac- tory offer to that effect, and to withdraw the proposal upon six days' notice. Gen. Sumner accepted the proposition, and sub- sequently showed the letter to Messrs. White and Oliver. These gentlemen, perceiving the excellent opportunity for exten- sive and lucrative operations, and that Gen. Sumner had the control of one half, and from his relationship with the other parties would be likely to secure all, or nearly all, of the rest of the Island, and that the whole enterprise in its origin and pres- ent favorable prospects was in his hands, gladly associated with him on the terms which he offered, as is set forth at length in the indenture for that purpose between them. Accordingly they acceded to his proposals for the purchase of Mrs. Greenough's undivided half, and were the first and only persons to whom the offer was made. On the 25th of January a memorandum in writing was signed by the parties, specifying the terms of sale more particularly, and on the 26th a written agreement was en- tered into between Messrs. Sumner, White, and Oliver, to pur- chase the interest which the late Colonel Greenough had in the Island, as soon as the widow and guardian could obtain leave of court for its sale. A petition to that effect was presented to
430
HISTORY.
[1832.
the probate court, and granted ; but to place the power of sale beyond dispute, and in order to act under the highest authority, a petition was presented to the legislature, which passed the following resolve on the 10th of February, 1832 : -
" Resolved, That Maria F. Greenough, the guardian of said minors, or, in case of her unwillingness to act in this behalf, any person or persons as shall be appointed as aforesaid, respec- tively are hereby fully authorized and empowered to sell and dispose of, by public sale or private contract, and for and in the names of said minors respectively to execute, acknowledge, and deliver any and all deed or deeds proper and sufficient to grant and convey to the purchaser or purchasers thereof all the right, title, interest, and estate which David S. Greenough, John Greenough, James Greenough, Anne Greenough, and Jane D. Greenough, the minor children of said David S. Greenough, deceased, have of, in, and to one undivided moiety of a certain Island known by the name of Noddle's Island, and situated in the harbor of Boston.
" Provided however, That said minors' estate in said Island shall not be sold by private contract, unless a sale can thereby be effected at a price, which, including the consideration for the estate in dower belonging to the mother of said minors, shall equal one hundred dollars for each acre which a moiety of said Island contains.
" And provided also, That before the power hereby granted shall be exercised, the person or persons assuming to act under and by virtue of this resolve, shall, before he, she, or they grant and convey the said estate and title of said minors to a pur- chaser or purchasers, give a bond, with an adequate penalty, with a condition that he, she, or they shall and will faithfully lay out and keep in some public stock or funds, or in real securities at interest, all the net proceeds of such sale; and will duly account for and pay over to said David, John, James, Anne, and Jane respectively, when and as they attain full age, his or her just share of such proceeds, with the accumulation (if any) caused by the addition of an excess of income beyond the expenditure required for the suitable education and mainte- nance of said minors during their respective minorities ; and shall also take, subscribe, and file in the probate office in said
431
TERMS OF SALE.
1832.]
county of Norfolk, the oaths which executors and adminis- trators are required by law to take, before making a sale of the real estate of their testators or intestates under a license from the Supreme Court, or a court of probate, except as to the mode of sale."
It was further understood between the purchasers, Messrs. Sumner, White, and Oliver, that the widow's portion should be paid in cash in six months, and the notes for the children's share should be given, payable to each on their arrival at age, secured by a mortgage on the premises. W. D. Sohier, Esq., the attorney of the administratrix, furnished the following mem- orandum, in conformity with which the mortgage should be drawn : -
" Boston, June, 1832. " WM. H. SUMNER, Esq.
. " DEAR SIR, - I enclose you a form for the notes to be given, and by that a mortgage may be prepared in conformity:
" Respectfully yours, (Signed) W. D. S.
6500 - 21st Nov. 1832, to M. F. G. by W. H. S., W. & F. J. O. S
6500
2600 -21st Feb. 1836. IV. H. S. )
1733}
W. D. S. G. 5200
8662 66
F. J. O.)
2600 - 21st Feb. 1838.
1733μΈ΅
866%
Same as 21st Feb. 1840.
above.
Same as 21st Feb. 1843.
above.
Do. James 5200 Same as
Do. Jane D.
5200 32,500
above.
21st Feb. 1852.
66 W. & Jno. G.
5200 S. ) 0.) Do. ( Anne 5200
" I pray you speed the matter, as beside the delay already suffered, I wish to leave the city for the summer. Average time of last five notes, January, 1842."
The note to Mrs. Greenough was signed by Messrs. Sumner, White, and Oliver. For the amount due the children, the as- sociated purchasers gave their several notes for their respective proportions of the purchase, and each of these notes was endorsed by the others.
432
HISTORY.
[1832.
In accordance with the provisions of this resolve of the legis- lature, and in compliance with the requisitions of law, Mrs. Maria F. Greenough and her children, by a deed dated on the 21st of February, 1832, conveyed to Stephen White, Francis J. Oliver, and William H. Sumner, all their right, title, and interest in Noddle's Island, being one half of it, for the consid- eration of $33,150, being at the rate of $100 an acre.1 Of this moiety of the Island, Gen. Sumner, by agreement with White and Oliver, was to hold three sixths, equal to three twelfths of the whole Island ; Stephen White, two sixths, or two twelfths of the Island; and Francis J. Oliver, one sixth, or one twelfth of the Island.
An indenture was immediately entered into by the pur- chasers, in which the particulars of the sale and the mutual contract were set forth in detail. The conditions and provisions of this indenture can be best given by transferring it verbatim to our pages ; and it is the more important to do this, as here was the real foundation of the East Boston Company, and here the plans and purposes so long entertained by the writer began to take a definite form, and to foreshadow coming events. It is as follows : -
" This indenture tripartite, made and concluded this twenty- first day of February, in the year of our Lord one thousand eight hundred and thirty-two, by and between William H. Sumner of the first part, Stephen White of the second part, and Francis J. Oliver of the third part, and all of Boston, in the county of Suffolk, Esquires, witnesseth,
" That whereas heretofore the parties agreed to purchase the right and interest which David S. Greenough, late of Roxbury, deceased, had in Noddle's Island in Boston, and which be- longed to his widow and minor children, upon the terms con- tained in a memorandum to that effect, dated the twenty-fifth day of January last, and signed by the said Sumner and Maria F. Greenough, widow of said David S. and guardian to the children aforesaid, and which was to be carried into effect as soon as the said widow and guardian could obtain leave for the
1 Suffolk Deeds, lib. 362, fol. 215.
433
THE BASIS OF THE COMPANY.
1832.]
sale of the same: and whereas a license has been since ob- tained by her for that purpose from the general court, and a conveyance of a moiety of said Island has been made, to wit, three twelfths of said Island to said Sumner, two twelfths thereof to said White, and one twelfth to said Oliver, accord- ing to the request of said Sumner,
" Now the parties hereto covenant and agree the one with the other of them in manner following, that is to say :
" First. The aforesaid interest in said Island being one undivided half of the same, shall be estimated at three hundred and thirty-one and an half acres, including the mill-pond and creek, and shall be so held by them and their heirs and assigns respectively, and such persons as shall hereafter be admitted to become shareholders therein, according to William Taylor's survey of said Island, on record.
" Second. That the property of said parties in said Island shall be divided into six hundred and sixty shares, which shall be apportioned as aforesaid among the parties hereto associated as aforesaid.
" Third. That if any other proprietor of the Island shall put into stock the whole or any portion of his interest therein, or if the parties themselves should purchase any such interest, or any part of any such proprietors' interest therein, the same shall be put into stock and shall be conveyed in such apt man- ner as to effect the object, and the number of shares shall be increased in the exact ratio of the number of additional half acres put in, and the person putting the same into this company or association shall thereby be entitled, on making and deliver- ing suitable convoyances, to become a member of the associa- tion and a proportionate owner of the stock : on condition, that such additional portions be subject to a fair and true proportion of the expenses which had been previously incurred by the parties hereto and their associates, in the same way and man- ner as if the person so joining the same company or association had been one of the original associates thereof.
" Fourth. That they will use all their endeavors and excr- tions to procure the location of a railroad from Boston to Salem over the Island aforesaid, and to establish a ferry con- nected therewith between the Island and Boston; and inas-
37
434
HISTORY.
[1832.
much as it may be found necessary or convenient, in order to carry into effect this object, to associate other persons in the purchase aforesaid, it is agreed, that whenever it shall be de- cided so to enlarge the number of associates, each of the pres- ent parties, and such as shall become associates with them, shall part with shares in said Island or purchase, in proportion to his interest therein.
" Fifth. That all charges and expenses incurred, and power, and votes over the affairs of the company, shall be according to the number of shares held therein by each associate.
" Sixth. That each of the parties hereto shall be responsible for his own proportion of the purchase and advances unto the other of them, but the said White and Oliver shall provide the cash payments for the said Sumner's part until one year after the said railroad shall be constructed and opened for public travel, if the same be so constructed and opened within the period of three years ; and if not, in four years from the date hereof; and the said Sumner shall stand charged with the cash advanced for the proportion he now holds therein, as well as his share of that which may hereafter be purchased by said Sumner, White, and Oliver, to add to the stock of the com- pany aforesaid: and at the period or periods aforesaid, said Sumner shall reimburse all advances and interest which may be made by the other parties hereto on his account.
" Seventh. That in consequence of the parties having given a joint mortgage of their interest in said Island for the payment of the balance of the purchase-money by instalments, they shall severally be held responsible, and will from time to time pay each the several proportions required of them, according to the terms of this agreement.
" Eighth. That the said White and Oliver, in consideration of the said Sumner's trouble, labor, and expense, in procuring the purchase of the land aforesaid, and admitting them to be- come his associates therein, shall and will, in the proportions aforesaid, at the times fixed as aforesaid for reimbursing their advances and interest, allow and pay to said Sumner one fifth part of the net gains or increase in the value of the property which they have purchased.
" Ninth. And for the purpose of better managing their es-
435
THE BASIS OF THE COMPANY.
1832.]
tate and interest aforesaid, it is agreed that, in the application for the railroad or by some other mode, they will endeavor to procure an act of incorporation which shall enable them to hold, transfer, and enjoy their estate as personal property ; but if this cannot be effected, they will convey their estate to trus- tees or otherwise, so as to enable the associates to manage and dispose of shares therein as a joint-stock company, and the trustees shall thereby be holden to give to each proprietor a certificate in a form to be prescribed, stating his interest in the trust, and that he shall hold it according to the terms of this indenture, or any future articles of association, which certificate shall be recorded in a book to be kept for that purpose, and be complete evidence of such shareholder's right in the estate and property aforesaid ; and each certificate or share shall be trans- ferable by endorsement of said certificate, and by causing the same to be recorded in the company's book aforesaid, and upon such record being made, the assignee shall be entitled to vote as a member of the company, according to his interest and the terms of this indenture, or any future articles of association. And the business of the association shall be managed by a board of directors, who shall have full power to sell or dispose of any part of the company's interest in said Island, except the land necessary for the purposes of a railroad, streets, wharves, stores, ferry ways, and ferries, according to the votes of the proprietors, and shall pay over to the respective proprietors their proportion of the money received from any and every sale. And such trustees, under the direction of the proprietors or their board of directors, or other officers, as the case may be, shall cause partition to be made, and their shares to be set off from the other proprietors of the Island, and execute suitable convey- ances to any purchaser or purchasers without any further act or ceremony to pass the interest in the property sold to such pur- chaser or purchasers in fee-simple or otherwise, as may be agreed on and determined pursuant to the votes of the propri- etors, voting according to their respective interests in the prem- ises.
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