USA > Massachusetts > Essex County > Newburyport > History of Newburyport, Mass., 1764-1905, Volume I > Part 15
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Resolved that the Grog shops and Tippling Houses of every descrip- tion, where intoxicating drinks are sold in small quantities, to be drank on the premises, are Public nuisances and should be removed ; and that those persons who are keepers of such places should be prosecuted ac- cording to law.
1 Newburyport Herald, March 26, 1830.
2 Newburyport Town Records, vol. III., p. 294.
3 Newburyport Town Records, vol. IV., pp. 124, 134.
187
MARKET HALL
Resolved that the town hereby instruct the selectmen to legally pro- vide for the sale of alcoholic preparations within the town, to the extent they may be wanted by the community for manufacturing and medici- nal purposes to be at all times under their supervision and control.I
Merrimack Division, No. 1I, Sons of Temperance, was organized a few months previous to the adoption of the reso- lution quoted above, and Martha Washington Division, No. 6, Daughters of Temperance, a few months later.
September 18, 1849, Father Mathew visited Newburyport, and delivered an address, in the Roman Catholic chapel on Charles street, which was listened to with marked attention, and induced many to sign the pledge and take an active interest in the cause of temperance.
MARKET HALL.
The selectmen of Newburyport were authorized, August 5, 1822, "to build a Market house of brick, one story high, on the spot where the shambles lately stood ; "2 and March IO, 1823, they were granted permission to add another story to the building provided it could be rented to advantage.
[January 17, 1825] Voted that the selectmen be authorized to finish the market house at an expense not exceeding one thousand dollars, provided St. Mark's Lodge give security to the town for the payment of the sum of ten per centem rent per annum for the term of ten years and enter into contract that the premises shall only be used for masonic purposes.3
Owing to some misunderstanding in regard to the estimated cost of the proposed alterations the contract was not signed, and the following preamble and resolutions were passed at a town meeting held February 9, 1825 : - 4
Whereas the Committee of St. Mark's Lodge have agreed to relinquish any claim which they may have by virtue of any votes of this town to the
1 Newburyport Town Records, vol. IV., p. 220 ; Newburyport Herald, April 22, 1845.
2 See p. 140 ; " Ould Newbury," p. 624.
3 Newburyport Town Records, vol. III., p. 145.
4 A long communication signed by John Brickett, John Cook, Jr., Ebenezer Brad- bury and others, giving the details of this controversy, was published in the New- buryport Herald, February 8, 1825.
188
HISTORY OF NEWBURYPORT
use of the hall over the market, provided the town shall make them suit- able indemnity for their trouble and expenses not exceeding one hun- dred dollars.
Voted that the town reconsider the vote passed the 17th day of Janu- ary last authorizing the selectmen to finish the hall over the market for St. Mark's Lodge, and the selectmen be authorized to make reasonable indemnity to said St. Mark's Lodge, not exceeding the sum of one hun- dred dollars.1
The Newburyport Chair company occupied the unfinished room over the market house, and made all kinds of fancy and cane-bottom chairs there for several years.2 January 28, 1830, the town voted to vacate the lease, finish the hall at an
MARKET HOUSE, 1850.
expense not exceeding eight hundred dollars, and rent it to the Newburyport Lyceum association for the sum of fifty dollars to be paid annually. A few months later this vote was recon- sidered; and several unsuccessful attempts were made to authorize the selectmen to finish the market-house hall. April 8, 1834, the town voted to appropriate the money needed to complete the work, " provided the interest in the Court House shall be sold to the satisfaction of the town."3 A committee, ยท consisting of Ebenezer Moseley, Charles H. Balch and Henry
1 Newburyport Town Records, vol. III., pp. 146, 147.
2 Newburyport Herald, May 8, 1829; and January 29, 1830.
3 Newburyport Town Records, vol. III., p. '295.
MARKET HALL
189
Frothingham, was appointed to confer with the county com- missioners, and Amos Noyes, Richard Stone and Henry Frothingham were authorized, if the sale was made, to pur- chase materials and employ men to finish the hall.
[August 26, 1834] voted to finish one or more rooms on the lower floor of the Market House, in the rear, for the use of the officers of the town.I
March 23, 1835, the annual town meeting was held " in the new hall over the market house." After prayer by Rev. Phineas Crandall, Hon. Caleb Cushing was chosen moderator,
- FLOUR
15.1.1.
MARKET-HOUSE AND DOCK.
and Eleazar Johnson, 3d, town clerk.2 It was then voted to use the hall for public meetings only and this vote remained in force for four years. A motion to allow the Lyceum to occupy Market hall, " for the ordinary purposes of the insti- tution during the coming season agreeable to the petition of George Lunt and others," was defeated July 31, 1837,3 but the town granted the association, March 25, 1839, liberty to
1 Newburyport Town Records, vol. III., p. 313.
2 Newburyport Town Records, vol. III., p. 322.
3 Newburyport Town Records, vol. IV., p. 2.
190
HISTORY OF NEWBURYPORT
use the hall for weekly lectures, during the winter season, for fifty dollars, "with fifty cents additional per night for fuel." The Lyceum held its meetings there until 1851. At that date, the landing-place in the rear and at the southeasterly end of the market house was used as a dock for boats and barges as shown in the half-tone print on the preceding page.
The clock that had been for many years on the westerly side of Market square was probably removed to its present location on the market house in 1852. In 1864, the butchers' stalls on the lower floor were taken down and the space used for the accommodation of the new steam fire-engine, " Eon." In 1884, extensive repairs and alterations were made in the building. The first story is now occupied by Steam Fire-Engine and Hose Carriage company, No. I, Hook and Ladder company, No. I, Supply Wagon, No. I, and by the city marshal and other officers of the police department. The northwesterly end of the second story is used as a police- court room, and the southeasterly end as a hall for the con- venience of members connected with the fire-engine companies.
POLICE COURT.
January 2, 1832, the inhabitants of Newburyport voted to petition the General Court to establish and maintain a police court within the limits of the town for the trial of civil suits and the punishment of criminals.' On the seventeenth day of March following, an act, subject to the approval or rejec- tion of the inhabitants of the towns of Newbury and Newbury- port, establishing a court in and for the towns named, was signed by the governor.2 The act failed to receive a majori- ty of the votes cast in the town of Newbury and was de- clared null and void.
February 18, 1833, the subject was again considered by the inhabitants of Newburyport, and their representatives to the General Court were instructed to secure, if possible, the enactment of the law previously petitioned for.3
1 Newburyport Town Records vol. III., p. 225.
2 Acts and Resolves, 1832, ch. 143.
3 Newburyport Town Records, vol. III., p. 252.
RELIEF OF SUFFERERS FROM FIRE AND FAMINE
On the twenty-sixth day of March, " an act to establish a Police Court in the town of Newburyport," repealing all acts inconsistent therewith, was approved by the governor."
Hon. Stephen W. Marston was appointed judge of this court in May, 1833. He resigned in 1866, and Hon. William E. Currier was appointed to fill the vacancy. Judge Currier died January 19, 1881. Hon. John N. Pike, appointed February 9, 1881, served until his death, May 3, 1900. Hon. Thomas C. Simpson, appointed May 23, 1900, still retains the office.
April 15, 1854, the mayor and aldermen of the city of New- buryport were authorized to appoint a clerk of the police court,2 and Judge Marston was appointed to attend to the duties of that office for one year.
In 1855, an act providing for the annual election of the clerk was passed by the General Court,3 and on the first day of June following Joseph H. Bragdon was elected. He served until January 28, 1856, when William Lloyd Garrison Greene was elected. Mr. Greene served until January 31, 1857, when Edmund W. Rand was chosen. Mr. Rand was annually re- elected until 1866, when the law was changed, + and he was then chosen for a term of five years. He resigned in December, 1870, and Edward F. Bartlett was elected to fill the vacancy. Mr. Bartlett served until December, 1871, when he was chosen for a term of five years. In 1876, he was re-elected and served until 1881, when the law was changed, and he was appointed by the governor of the commonwealth.5 He continues to hold the office of clerk of the police court, having been reappointed several times since 1881.
RELIEF OF SUFFERERS FROM FIRE AND FAMINE.
After the great fire in 1811, the citizens of Newburyport were frequently called upon to assist the inhabitants of other towns and cities suffering from pestilence, famine or fire.
1 Acts and Resolves, 1833, ch. 192.
2 Acts and Resolves, 1854, ch. 323.
3 Acts and Resolves, 1855, ch. 321.
4 Acts and Resolves, 1866, ch. 169.
" Acts and Resolves, 1877, ch. 210.
192
HISTORY OF NEWBURYPORT
In December, 1813, many dwelling houses and stores in Portsmouth, N. H., were burned and a company of eighty or ninety men from Newburyport rendered efficient service in guarding the property and extinguishing the flames. Subse- quently the sum of thirteen hundred and fifty dollars was subscribed in Newburyport for the benefit of the sufferers.
In July, 1815, a large amount of property was destroyed by fire in Petersburg, Va., and nearly seven hundred dollars was sent to the inhabitants of that town from Newburyport.
In October, 1823, the towns of Wiscasset and Alna, in the state of Maine, suffered severely from a devastating fire and over six hundred dollars was collected in Newburyport to relieve the distress of men, women and children who had been thus deprived of the comforts of life.
In October, 1830, over three hundred dollars was contrib- uted "for the relief of the citizens of Gloucester, suffering from a recent fire."
In July, 1831, the sum of three hundred and twenty-four dollars and thirty-three cents was sent to Fayetteville, N. C., and two months later an additional sum was collected and sent to the inhabitants of that town to assist them in re- building churches that had been destroyed by fire.
June 6, 1835, over three hundred dwelling houses and stores were burned in Charleston, S. C., and three hundred and fifty dollars was sent for the relief of the inhabitants of that town.
At a meeting of the citizens of Newburyport, held in Mar- ket hall, July 17, 1843, a committee was appointed to solicit subscriptions for the relief of the sufferers by fire in Fall River, Mass., and seven hundred and eight dollars and ninety- five cents, with books and jewelry valued at seventy dollars additional, was collected and sent to them a few days later.
In July, 1846, a disastrous fire destroyed a large amount of property in Nantucket, and in the month of August following, food, clothing, and eleven hundred dollars in cash were collec- ted and sent to the selectmen of that town from Newburyport.
At a meeting held in Market hall February 17, 1847, Hon. Henry W. Kinsman presiding, a committee was appointed to receive contributions for the Irish Relief fund and Hon.
193
RELIEF OF SUFFERERS FROM FIRE AND FAMINE
Micajah Lunt was chosen treasurer. Ten large cases of cloth- ing, valued at five hundred dollars, and two thousand dollars in cash were sent from Newburyport to the destitute and starv- ing inhabitants of Ireland.
In 1855, the sum of eight hundred and sixty-one dollars and thirty cents was collected and sent to Norfolk and Portsmouth, in Virginia, to provide food and medicine for the inhabitants of those towns, suffering from an alarming epidemic of yellow fever.
In 1863, the ship George Griswold sailed from New York with a cargo of flour, pork, beef, bacon, corn and rice for the relief of the poor and destitute cotton spinners of Lancaster, England. The officers of this ship were natives of Newbury- port. George Lunt was captain, Richard Pettingell, mate, and John L. Brown, second mate. The Liverpool chamber of commerce presented an address to Captain Lunt on the arri- val of the ship at Liverpool, gratefully acknowledging the liberal gift, and subsequently held a public reception in St. George's hall, at which letters were read from members of parliament, and appropriate speeches made. At the close of the exercises Captain Lunt was presented with a fine marine telescope suit- ably inscribed.
On the fourth day of July, 1866, many stores and dwelling houses, with their contents, were destroyed by fire in Portland, Me. At a town meeting, held in City hall, Newburyport, on the sixth day of July following, resolutions of sympathy for the sufferers were adopted, and the city council was requested to make an appropriation to be expended in purchasing food and clothing for worthy and homeless persons needing assist- ance. Ten thousand dollars, "including the supplies this day forwarded for the relief of the sufferers from the late calami- tous fire in Portland," was by vote of the city council, on the evening of that day, transferred from the account of incident- als and sent to the mayor of Portland to be used at his discre- tion.
Sunday and Monday, October eighth and ninth, 1871, ten thousand buildings, with a large amount of personal property in the business portion of Chicago, were destroyed by fire,
194
HISTORY OF NEWBURYPORT
and a few days previously serious conflagrations were reported in several towns in Wisconsin and Michigan. At a meeting of the citizens of Newburyport held in City hall, Saturday even- ing, October fourteenth, a committee was chosen to raise money by subscription for the relief of the sufferers. Cash, with clothing and other articles of value, amounting in the aggregate to eight thousand, eight hundred dollars, was col- lected and sent to the mayor of Chicago and to the relief com- mittees in Wisconsin and Michigan.
THE BREAKWATER.
February 7, 1827, Hon. James Barbour, secretary of war, sent to the house of representatives in congress assembled a survey of Newburyport harbor, with a report from Col. John Anderson, topographical engineer, to Maj. General Macomb, chief engineer, recommending the building of a breakwater or causeway from the west shore of Plum island, across Plum Island river, to Woodbridge's island and thence as far west- wardly as may be necessary to increase the depth of water on the bar at the mouth of Merrimack river.I
Congress appropriated the sum of thirty-two thousand dol- lars, to be expended in building the breakwater, and August 21, 1828, Hon. John Merrill, Benjamin W. Hale, Esq., and Capt. Robert Jenkins were appointed by the selectmen to superintend its construction. Subsequently, Thomas Buntin and Thomas M. Clark were appointed in place of Messrs. Merrill and Jen- kins, who declined to serve.
February 27, 1829, the General Court passed an act, ceding to the United States the land needed for the breakwater, and in the month of April following, proposals for building it were received and accepted. It was sixteen hundred and eighty feet long from Plum island to Woodbridge's island, sixteen feet wide at the base and twelve feet at the top, and twelve feet high. The dam across Woodbridge's island was twenty-six hundred and forty feet long, ten feet wide at the base and eight and one-half feet at the top, and four feet high.2
1 Newburyport Herald, May 1, 1827. A copy of the map drawn by Colonel Anderson is reproduced on the opposite page.
2 Newburyport Herald, April 9, 1829.
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196
HISTORY OF NEWBURYPORT
The breakwater was not completed until 1831, when a sec- ond appropriation was made by congress. Although built in a thorough and substantial manner it failed to increase the depth of water on the bar, and yielding to the force and fury of the waves it has now almost entirely disappeared.
SURPLUS REVENUE.
June 23, 1836, Andrew Jackson, then president of the United States, signed a bill passed by congress, providing for the division of the surplus revenue among the several states in proportion to their electoral representation. Massachusetts received $1,784,23I and the General Court by an act, passed March 21, 1837, provided for the distribution of that sum among the cities and towns of the commonwealth.
At a meeting of the inhabitants of Newburyport held July 10, 1837, Caleb Cushing, moderator, a motion to authorize Moses Merrill, treasurer of the town, to receive the surplus revenue on the terms imposed by the General Court was lost, ninety-six voting in favor of the motion and one hundred and three against it.1 On the thirty-first day of July following, the vote was reconsidered and the town treasurer was instruct- ed to receive the amount due from the commonwealth, and retain it in his possession until otherwise ordered.
[September 27, 1837] Voted that the Towne will loan the money lately received by their agent, Moses Merrill, Esq., from the Treasurer & Receiver General of the Commonwealth, to the state at five per cent per annum and that the income shall be applied for the payment of Poll Taxes.2
The amount of the loan was $14,843 for which the town received from the state treasurer a certificate or note payable on demand. Frequent attempts were made during the next five or six years to collect the money and apply it to some public use or divide it among the inhabitants of the town.
March 15, 1838, a motion to collect and appropriate it for the improvement of the mall around Frog pond was indefinite-
1 Newburyport Town Records, vol. IV., p. 2.
2 Newburyport Town Records, vol. IV., p. 7.
197
SURPLUS REVENUE
ly postponed,1 and November fifteenth the town voted to divide the surplus revenue per capita, parents or guardians to receive the portion due minor children.2 On the twenty-fourth day of December following, the vote to divide the money among the inhabitants of the town was reconsidered, and a committee: appointed to employ counsel to protect the interests of the town and oppose the granting of an injunction by the supreme judicial court on the petition of William Bartlet and others. Moses Merrill, town treasurer, was also instructed to sell the certificate, if advisable and practicable, and keep the proceeds in the town treasury until otherwise ordered.3
April 19, 1841, an attempt to authorize the sale of the cer- tificate was defeated,4 and the same day a motion to erect a schoolhouse on Kent, Congress, or Buck streets with the pro- ceeds of the certificate, when sold, was indefinitely postponed.4
On the twenty-fourth day of February, 1843, the treasurer of the town was instructed to advertise and sell at public auc- tion the certificates given by the state for the surplus revenue. On the eleventh day of March following, he sold "at the old State House in Boston " the following described certificates :-_ 5.
Nos. 38 and 39, dated Oct. 2, 1842, $3,000 each, $6,000
Nos. 40 and 41,
$2,000 each, 4,000
Nos. 42, 43 and 44, 66 $1,000 each, 3,000
No. 45, dated Oct. 2, 1842, 1,843
No. 46, dated Nov. 4, 1842, 1,000
No, 47, dated Nov. 6, 1842, 1,247
$17,090
The net proceeds of this sale, after deducting commissions and other expenses, amounted to the sum of $16,776.45, as subsequently reported by the selectmen.
May 27, 1843, the town voted to loan the surplus " now in
1 Newburyport Town Records, vol. IV., p. 13.
2 Newburyport Town Records, vol. IV., p. 36.
8 Newburyport Town Records, vol. IV., p. 38.
4 Newburyport Town Records, vol. IV., p. 107.
5 Newburyport Herald, March 2, 1843.
198
HISTORY OF NEWBURYPORT
the hands of Moses Merrill, Esq., agent " to the legal inhabi- tants of the town, at an annual interest of one per cent, " to be paid when the principal is called for by the government of the United States," notes to be given by adults receiving the money or by parents and guardians for minor children or per- sons entrusted to their care.I
An injunction granted by the supreme judicial court, restrain- ing the treasurer from carrying the above vote into effect, was read at a meeting of the town held April 3, 1843, and at an adjourned meeting, one week later, the following resolution was adopted :-
Resolved that a committee of five be appointed whose duty it shall be to ascertain if a division per capita, according to the census of the town, of the funds known as the " surplus money," now in the treasury of the town, be a feasible object either directly or indirectly; and that said committee have authority to avail themselves of all measures necessary to a full knowledge of the business confided to them; and if in their judgment, after due deliberation, conference and employment of adequate means of information they are convinced of the impracticability of divis- ion they will so report. But if, on the contrary, the result of their enquiries shall be the development of a plan of division, legal in its operation, and successful in its aims, they will report the same to the town.2
Moses Merrill, treasurer of the town, died April 12, 1843. On the first day of June following, Jonathan Coolidge was authorized to receive " from the executors of the estate of the late Moses Merrill, deceased," the surplus revenue and retain it in his possession until otherwise ordered.
Voted that the town's portion of the Surplus Revenue be appropriated as follows :
Five thousand dollars for the benefit of the School Department to be expended for such objects as may be recommended by the Board of School Committee under the direction of the selectmen.
Five thousand dollars to the Fire Department for such objects as may be recommended by the Board of Engineers under the direction of the selectmen.3
1 Newburyport Town Records, vol. IV., p. 143.
2 Newburyport Town Records, vol. IV., p. 154; Newburyport Herald, April 12, 1843.
3 Newburyport Town Records, vol. IV., p. 163.
199
SURPLUS REVENUE
The balance of the fund was to be applied to the improve- ment of highways, the repair of public buildings and the erection of a barn for the use of the poor department, and a committee was appointed to take such steps as were necessary to secure a removal of the injunction granted by the supreme court.
Voted that a committee of three be chosen and directed to confer with the petitioners who procured the injunction and to obtain from them, if possible, a petition to the Supreme Court for the removal of the injunc- tion, and to adopt any other measures which may be necessary to effect said removal.I
A motion to reconsider the above vote was defeated at a meeting held on the tenth day of June following, and the select- men were authorized to expend the several sums appropriated, as soon as practicable, after the removal of the injunction.
March 25, 1844, the selectmen reported that they received July 4, 1843, the sum of $ 16,776.45 from the surplus revenue fund, in payment of principal and accrued interest. This sum was expended as follows :_ 2
For improvements around Frog pond and repairs on the gun house
$1,406.30
For improvement at almshouse including new brick barn 3,517.88
For highway repairs 1,253.01
For School Department
5,000.00
For Fire Department
3,928.19
For services committee and counsel fees
467.55
$15,572.93
Leaving on hand for new engine and hose carriage
$557.52
for repairs on engine house No. 5
219.00
for repairs on engine house No. 3
194.00
for distribution among engine companies for supplies to be purchased by the select- men as needed
101.29
131.71
$16,776.45
1 Newburyport Town Records, vol. IV., p. 163; Newburyport Herald, June 5, 1843.
2 Newburyport (Selectmen's) Records.
200
HISTORY OF NEWBURYPORT
WATER SUPPLY FROM FROG POND.
At a town meeting held May 10, 1838, Ralph C. Huse, chairman of a committee appointed to consider the best method and probable cost of conveying water for fire purposes from Frog pond to the north and south ends of the town, recom- mended that it be taken in six-inch iron pipes to Brown square, and thence by four inch pipes to Kent street on the north and Lime street on the south, with eight or more hy- drants conveniently located on the principal streets or ways leading from High street to Merrimack river, at an estimated cost of nearly seven thousand dollars.I
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