USA > Massachusetts > Essex County > Newburyport > History of Newburyport, Mass., 1764-1905, Volume I > Part 18
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Twenty years later, an attempt was made to secure a sup- ply of pure water for domestic use, and, April 23, 1866, the Newburyport Aqueduct company was incorporated and au- thorized to take water from " Trout Brook," so called, an out- let of Bartlett spring,' but nothing was done under this act, and several other plans, vigorously advocated in 1875, were carefully considered and rejected.
May II, 1878, permission to take water from Kimball's pond in Amesbury, and construct water works at an expense not to exceed two hundred and fifty thousand dollars was granted the city of Newburyport;2 but the terms and conditions imposed were not acceptable to the legal voters of the city.
April 23, 1880, Joseph B. Morss, William H. Huse, Edward F. Coffin, Edward P. Russell, Henry M. Cross and Lawrence B. Cushing, their associates and successors, were incorporated by the name of the Newburyport Water company,3 and, on the third day of July following, Joseph B. Morss was elected president ; G. Norman Weaver, treasurer ; David L. Withington, clerk ; Joseph B. Morss, George H. Norman, G. Norman Weaver, Edward P. Russell and Edward F. Coffin, directors.
On the seventeenth day of August, the Water company agreed to furnish the city of Newburyport with water for the use of the fire department with a certain number of hydrants not exceeding one hundred and fifty, and, also, to maintain a head of water not less than one hundred and twenty-five feet above tide water, for the sum of six thousand dollars, to be paid an- nually for a term of twenty years. At a legal meeting of the inhabitants of Newburyport, held August thirtieth, this con- tract was ratified and confirmed by a majority of the voters present and voting thereon.
1 Acts and Resolves, -1866, ch. 175.
2 Acts and Resolves, 1878, ch. 240.
3 Acts and Resolves, 1880, ch. 235.
230
HISTORY OF NEWBURYPORT
Land in the vicinity of Bartlett spring was purchased, a pumping station erected, and nearly twenty-five miles of water pipe laid during the summer of 1881. The work was com- pleted and accepted by the directors of the company in the autumn of that year.
Subsequently, three or four wells were sunk on land near the pumping station to increase the water supply, but the in- habitants of Newburyport, dissatisfied with the high rates charged for the use of water and the scant supply available for fire purposes, claimed that the city was released from its obligation to pay for service that the company had failed to furnish. The controversy culminated June 10, 1893, in the passage of an act authorizing the city of Newburyport to con- struct an independent system of water works and take "by purchase or otherwise, and hold the waters of any pond, stream, spring or wells within the limits of said city not heretofore taken by the Newburyport Water Company."1
August 26, 1893, the legal voters of the city declined, by an overwhelming vote, to authorize the purchase of the prop- erty of the Newburyport Water Company upon the terms and conditions named in the twelfth section of that act, and on the seventh day of September following, by a vote of fourteen hundred and sixty-three in favor and one hundred and fifteen opposed, authorized the construction of an independent system of water works.
June 14, 1894, the rights and privileges granted by chapter four hundred and seventy-one of the acts and resolves of the General Court for 1893 were modified by the passage of an act providing for the purchase of the property of the New- buryport Water company by the city of Newburyport at a valuation to be fixed and determined by a board of commis- sioners appointed by the supreme judicial court.2
July 10, 1894, the stockholders of the Water company voted to sell their real estate and other property to the city of Newburyport, and sent an attested copy of this vote to Hon. Orrin J. Gurney, mayor.
1 Acts and Resolves, 1893, ch. 471.
2 Acts and Resolves, 1894, ch. 474.
231
BARTLETT SPRING WATER SUPPLY
January 15, 1895, the legal voters of Newburyport con- sented "to the purchase of all the apparatus and appliances owned by the Newburyport Water company and used in sup- plying the city and the inhabitants thereof with water " and, on the thirty-first day of January, the city council accepted a deed, signed by the president and treasurer of the company, conveying all its right, title and interest in the above described property to the city of Newburyport.
The commissioners appointed by the court, to determine the value of the property, after a prolonged hearing, awarded the company two hundred and seventy-five thousand dollars, with interest, and this award was approved by the court June 14, 1897. The company however, declined to accept the award and on the twenty-first day of July brought a suit in the cir- cuit court of the United States for the District of Massachu- setts to obtain a rehearing on the ground that it had been deprived of its property without due process of law, "in viola- tion of the fourteenth amendment of the constitution of the United States." The court, after hearing the arguments of counsel on the constitutional questions involved, decided, in August, 1900, adversely to the contention of the company An appeal was taken to the supreme court of the United States, and April 4, 1904, the decision of the circuit court was re- versed, and the case remanded to that court with instructions to dismiss the bill for want of jurisdiction.
In regard to the claim that the Water company had been deprived of its property without due process of law, Justice Edward Douglas White in delivering the opinion of the su- preme court said :-
Whether the Constitution of the United States was and is, in a real and substantial sense, involved, depends upon apparently two considera- tions ; First, the proposition that the sale made by the company to the city was compulsory, and hence there was a taking of the property in dis- regard of due process of law; and, second, that the failure of the com- missioners to value the future profits arising from the contract for the furnishing for fires of a water supply to the city impaired the obligations of the company's contract. We say apparently two, since the questions are virtually one, depending both on the same considerations.
232
HISTORY OF NEWBURYPORT
Now, it is conceded that the charter of the water company was not ex- clusive and was subject to repeal, alteration, or amendment at the will of the legislature. This being the case, it is evident that no deprivation of property without due process of law, or impairment of the obligations of a contract did or could arise from the act of the legislature empowering the city to erect its own water works.
July 1I, 1904, the sum of two hundred and seventy-five thousand dollars, with interest from January 29, 1895, was paid the Newburyport Water company in settlement for the rights, privileges and property sold and conveyed, on the last- named date, to the city of Newburyport.
Hon. Albert E. Pillsbury of Boston, counsel for the city, argued the questions of law with great ability before the com- missioners, and successfully combatted the claims of the Water company in the circuit court and in the supreme court of the United States. The result of this legal contest was a sub- stantial victory for the city, and a satisfactory and final adjust- ment of the questions in dispute.
Hon. William H. Moody of Haverhill and Hon. Charles C. Dame and Robert E. Burke, Esq., of Newburyport were asso- ciated with Mr. Pillsbury in the presentation of the case to the commissioners, and George H. O'Connell, Esq., city solic- itor, signed the brief filed in the supreme court.
The cost of the water works to the. city of Newburyport, including the expense of litigation, is as follows :- 1
Amount awarded the Newburyport Water Company by the Commis- sioners and approved by the Supreme Court of Mass. $275,000
Cash paid attorneys, civil engineers and other persons for ser- vices rendered the City of Newburyport in defending the suit. 80,500
Total cost, $355,500
The city of Newburyport received for the use of water from January 29, 1895, when it took possession of the property, to July 1, 1904, the date of settlement with the Newburyport Water Company #376,689 From this sum deduct for cost of maintenance 86,822
Leaving net income $289,867
1 Newburyport Herald, July 24, 1904.
BARTLETT SPRING PUMPING STATION.
234
HISTORY OF NEWBURYPORT
Amount of net income, brought forward, $289,897
To this net income, should be added, for the use of water for public buildings, hydrants, &c., charged to the city but not credited on the above account, 65,285
$355,152
From the net income received by the city as stated above ($289,867) bills have been paid for the improvement of the property, interest on the award, and other expenses as follows :
For real estate, extension of water pipes, &c. $125,686
Interest on the award from Jan. 29, 1895 to July 1, 1904 139,963
Cash in part payment of award 11,000
Cash in the hands of the City Treasurer about 6,218
Cash in the hands of the Newburyport Water Commissioners 7,000
Total net income $289,867
DRINKING FOUNTAINS.
July 5, 1887, the committee on public property was authorized by the city council of Newburyport to purchase an iron drinking fountain to be placed in Market square, on or near the site of the old town pump. The water for this fountain was supplied by the Newburyport Water company, free of cost, until the close of the year 1894.
The fountain at the junction of Storey avenue, Moseley avenue and the ferry road was the gift of John T. Brown, in memory of his wife Ellen T. Brown. It was dedicated with appropriate exercises August 29, 1894.
The fountain at the corner of High and Toppan streets was presented to the city of Newburyport by Paul A. Merrill. It was placed in the position it now occupies and accepted, with- out formal ceremony, by the committee on public property, August 6, 1897.
The fountain at the corner of High and Auburn streets, near the westerly end of Bartlet mall, was formally presented to the city, September 24, 1898, by Mrs. Ann E. Taggard, of East Boston, in memory of her husband, Cyrus Henry Tag- gard.
235
ALABAMA CLAIMS
SEWERS.
In 1888, a committee, appointed by the city council of Newburyport, employed Ernest W. Bowditch of Boston, a civil engineer, to make a careful survey of the city and submit plans for the disposal of sewage. April 9, 1889, the General Court, authorized the construction of a system of sewage for the city of Newburyport "in accordance with any general plan which has been or may be approved by the state board of health."I
During the summers of 1889 and 1890, the sewers in wards two, three and four were constructed, under the supervision of Francis Curtis, by Jonathan A. Douglass, contractor. In 1893 and 1894, the sewerage system was extended from Bromfield street to Marlborough street, in ward one; in 1895, from Boardman street to Broad street, in ward five; and, in 1901, from Broad street to Ashland street, in ward six.
ALABAMA CLAIMS.
The treaty of Washington, signed May 8, 1871, by the commissioners appointed by the governments of Great Britain and the United States, provided for the settlement of claims arising from the capture and destruction of American vessels by Confederate cruisers fitted out in English ports during the war of the Rebellion. The arbitrators, to whom the settlement of these claims was referred, assembled at Geneva, Switzer- land, December 15, 1871.
Caleb Cushing of Newburyport, William M. Evarts of New York, and Morrison R. Waite of Ohio presented the claims of the United States and replied to the arguments and objections urged by Sir Roundell Palmer, counsel for, and subsequently lord chancellor of, England.
The tribunal announced its decision September 14, 1872, awarding the sum of fifteen million, five hundred thousand dol- lars, in gold, " as the indemnity to be paid by Great Britain to the United States for the satisfaction of all the claims referred to the consideration of the tribunal."
Congress passed an act, approved June 23, 1874, establish-
1 Acts and Resolves, 1889, ch. 233.
236
HISTORY OF NEWBURYPORT
ing the "Court of Commissioners of Alabama Claims." Under this act claims were paid for the capture of American vessels by Confederate cruisers. In 1882, the court was re- established and additional claims were proved and paid to cover the increased cost of insurance on vessels sailing under the American flag while the Confederate cruisers were afloat. The following claims were paid for the destruction of vessels wholly or partly owned in Newburyport :-
Ezekiel Evans, Atkinson Stanwood, George H. Lyford, Enoch M. Read, Benjamin Davis, Jr., Joseph B. and William J. Creasey, John T. Page, Richard Plumer, Eben Manson, John B. and Thomas Atwood, all of Newburyport, owners of the schooner Enchantress, 160 tons register, built in Newburyport by Eben Manson, recovered the sum of three thousand dollars on acccount of the capture of that schooner July 6, 1861, near latitude 38 deg. 40 min. and longitude 69 deg. 15 min. by the Con- federate cruiser Jeff. Davis. The Enchantress was re-captured, on the thirty-first day of the same month, near the entrance to the harbor of Charleston, S. C., by the U. S. S. Albatross and taken to New York.
Charles Hill of Boston, William Lambert of Portsmouth, and John Currier, Jr., of Newburyport, owners of the ship Star of Peace, 940 tons register, built in Newburyport by John Currier, Jr., recovered the sum of eighty-three thousand eight hundred and eighty-four dollars for the cap- ture and destruction of that ship by the Confederate cruiser Florida. The Star of Peace sailed from Calcutta, December 8, 1862, with a general cargo for Boston. She was captured and burned March 6, 1863, in latitude 15 deg. 13 min. north and longitude 54 deg. 38 min. west.
Charles Hill and Charles Q. Hill of Boston, John Currier, Jr., of New- buryport and William Lambert of Portsmouth, owners of the ship Charles Hill, 700 tons register, built by John Currier, Jr., in the town of Newbury in 1849, recovered the sum of forty-three thousand seven hundred and thirty-three dollars for the loss of the ship and cargo. She sailed Febru- ary 12, 1863, with salt from Liverpool for Montevideo, and was cap- tured and burned by the Alabama, March 25, 1863, in latitude I deg. 23 min. north and longitude 26 deg. 30 min. west.
Isaac H. Boardman, Henry Cook, Albert Currier, Joseph B. Morss, William H. Brewster and John Currier, Jr., owners of the ship Crown Point, 1100 tons register, built by John Currier, Jr., in Newburyport in 1856, recovered the amount of the claim filed for loss of the ship. She sailed with an assorted cargo, April 9, 1863, from New York for San Francisco. She was captured and burned, eighty miles northeast of Per- nambuco, in latitude 7 deg. 10 min. south and longitude 34 deg. west by the Florida May 13, 1863.
237
ALABAMA CLAIMS
James Merrill, Solomon Littlefield, Hiram Littlefield, Atkinson Stan- wood, Jonathan Kenniston, Daniel C. Rogers and John R. Stanwood co- partners, and George B. Merrill, part owners of the Bark Amazonian, 480 tons register, built in Newburyport by James Merrill in 1860, recov- ered their proportion of the amount claimed for the loss of that vessel. She sailed April 22, 1863, with a general cargo, from New York for Montevideo. She was captured and burned by the Alabama June 2, 1863.
Capt. Moses J. Mulliken, part owner of the ship Anna F. Schmidt, 784 tons register, built in Kennebunk, Maine, in 1856, received the sum claimed by him in the papers filed by him and other owners of that vessel. She sailed from Boston, January 17, 1863, with an assorted cargo and a month later put in to St. Thomas in distress. After leaving that port she was captured and burned by the Alabama, July 2, 1863, in latitude 25 deg. 27 min, south and longitude 37 deg. 46 min. west.
William Currier and Jonathan and James R. Kenniston, part owners of the bark Sea Bride, 450 tons register, built in Newburyport by Wil- liam Currier in 1861, filed claims that were subsequently approved and paid by the government of the United States for the loss of that vessel. She sailed from New York May 28, 1863, with a general cargo, for Table Bay, Cape of Good Hope. On the fifth day of August following, when near her destination, and within three miles of land, as her captain claimed, she was captured by the Alabama and afterwards sold, with her cargo, to English merchants residing in Table Bay. The legality of these proceedings was stoutly contested, and a long correspondence followed in regard to the duty of the English government to seize and hold the Al- abama and indemnify the owners of the bark Sea Bride for the illegal sale of their property.
Samuel Stevens and John Atkinson of Boston and George L. Rogers and Samuel B. Pike of Newburyport, sole owners and mortgagees of the ship Martaban, 700 tons register, built in East Boston in 1858, and called the Texian Star until the first day of December, 1863, claimed and received compensation for the loss of that vessel. She sailed from Maulmain December 12, 1863, with a cargo of rice for Singapore. She was captured and burned by the Alabama near Malacca on the twenty- fourth day of December following.
William Cushing, John N. Cushing, Nicholas Johnson, Mary A. John- son, Elizabeth L. B. Wills, William Pritchard, and Thomas Pritchard, owners of the ship Sonora, 700 tons register, built by John Currier, Jr., in Newburyport in 1853, filed a claim for nearly sixty thousand dollars, which was approved and paid for the loss of that vessel. She sailed from Hong Kong, November 26, 1863, in the command of Capt. Lawrence W. Brown, with a cargo of rice for Akyab, British India. On the twenty-sixth day of December following, while anchored in the straits of Malacca, in latitude
238
HISTORY OF NEWBURYPORT
3 deg. north, longitude 101 deg. east, she was captured and burned by the Alabama. The officers and crew of the Sonora were allowed to take some of their clothing and personal effects in the small boats belonging to the ship ; and they were then set adrift without provisions, charts, com- pass or sails.
FRENCH CLAIMS.
The capture and confiscation of American vessels and car- goes, by French privateers, during the war between France and England, in 1798, irritated and annoyed the ship owners and merchants of the United States. They condemned the unjustifiable seizure of private property on the high seas and demanded compensation for the losses they had sustained.1
The national government, anxious to avert war, considered it advisable to move cautiously and called upon all good citizens to refrain from aiding or abetting either of the belligerent powers, realizing that by the treaty of alliance made with France, in 1778, the United States had expressly agreed to defend and protect French possessions in America, and granted French privateers liberty to enter and leave her ports unmolested.
In order to avoid the possibility of a long controversy with France a new treaty was negotiated and signed September 30, 1800. Vessels that had been captured by French privateers, but not condemned, were by the terms of the treaty to be given up ; the transportation of merchandise "contraband of war " was prohibited, and the claims for spoliation were left for future negotiation.
When the territory of Louisiana was purchased the govern- ment of the United States retained a portion of the purchase money, amounting to twenty million francs as provided for in the treaty signed at Paris, April .30, 1803, " to pay the debts due by France to citizens of the United States contracted before September 30, 1800." Congress, however, delayed the payment of these debts for nearly a century.
Citizens of Newburyport filed with the government at Wash- ington claims amounting to over six hundred and eighty-two thousand dollars, as follows :- 2
1 See pp. 106-114.
2 Newburyport Daily Herald, March 18, 1854.
FRENCH CLAIMS
239
VESSELS.
Sch. Polly
AMOUNT OF LOSS. NAMES OF OWNERS. $8,500 D. Dole, S. Newman, Jos. Meyor, Amos Pearson Zebedee and Elias Hunt
Brig Vulture (1794)
3,928
Brig Olive Branch
16,892
Sch. Dolphin
7,500
Sch. Peggy & Polly
1,230
Abraham Jackson
Sch. Speedwell (1796)
3,200
Abner Wood and Edmund Kimball
Sch. Thankful
7,185
Pearson, Brown and others Abner Wood and others 66
Brig Ruby 9,900
Sch. Industry (1799) 11,270
Brig Atlantic 17,520
Brig George
15,5II
Sch. Eagle
5,650
Brig Vulture (1799)
6,750
Sch. Three Friends (1800) 8,800
Sch. Belisarius
3,000
Sch. Sally (1800)
12,344
Brig Catherine
9,322
Sch. Unity
6,120
Brig Nancy
9,929
Sch. Industry (1796)
2,500
Brig Lucy
11,27I
Sch. Sally (1799)
7,52I
Sch. Speedwell
3,053
Brig Ranger
5,000
Brig William
6,177
Sch. Harmony
6,100
Sch. Gideon
6,233
Sch. Hope
11,653
Ship Commerce
3,000
Brig Anna (1799)
6,336
Brig Anna (1800)
9,09 1
Brig Mehitable
2,184
B. Chase, Wm. Bartlet, J. B. Currier, W. Jacob & D. Bagley, Amesbury Solomon Haskell Andrew & Benjamin Frothingham 66 Thomas & Joshua Carter 66 N. Hoyt, Jonathan Coolidge and Ed- ward Toppan Edmund Bartlett, Jr. 66
Sch. Unity (1798)
1,399
Ship Rose
3,820
Brig Dove (1800)
723
Brig Dove (1799)
I4I
66
66 John Pearson and others
John Pettingell and David Coffin Edmund Kimball
T. W. Hooper and Philip Coombs Philip Coombs and others Philip Coombs, J. Nelson & M. Savory J. Nelson, M. Atkinson and M. Savory Anthony Davenport
Anthony Davenport and Amos Knight Wm. Boardman, Benj. Boardman and Jonathan Moulton Amos Atkinson & Co. William Miller, Ebenezer Whitmore and A. Campbell Amos Atkinson & Co. A. Frothingham, Jr., Edmund Kimball, J. Todd and Abel Stanwood T. Ham, E. Swain, J. Gage, John Balch, A. Frothingham Leonard Smith
240
HISTORY OF NEWBURYPORT
VESSELS.
AMOUNT OF LOSS.
NAMES OF OWNERS.
Brig Peter
3,600
Peter Le Breton
Brig Dove (1798)
8,095
William Bartlett
Brig Edmund
1,355
Brig Betsey
6,977
66
Ship Rose (1799)
102,917
Brig Dove (1800)
I,II7
Brig Tryall (1800)
2,155
Brig Dove (1800)
34,879
Ship Tom
21,43I
Brig Mary (1797)
400
Brig Lady Washington
10,730
Ebenezer Wheelwright and Joseph Knight
Sch. Three Friends
2,250
Sloop Increase
5,467
Ship Caroline
19,000
Josiah Smith
Sch. Betsey & Lucy
7,800
David Coffin
Sch. Rebecca
16,915
Samuel Coffin
Ship Active
12,839
Ship Columbia
3,000
Brig Harriet
23,757
Samuel Bayley, Robert Stevenson and Chs. Goodrich
Brig Tryall (1800)
15,596
Moses Brown
Sch. Hawk
9,000
Moses Brown, Thomas M. Clark and Ebenezer Sumner
Sch. Amy
. 6,000
Moses Brown
Brig Leonard
9,000
John Wells
Brig Mary (1797)
8,400
Moses Brown, William Faris and Ebenezer Sumner
Sloop Nancy
7,000
John Marquand, E. Stocker, Clark & Conner
Brig Maria
2,200
Ebenezer Stocker
Sch. Retrieve
1,561
E. Stocker, Wm. Faris and K. Walsh
Brig Minerva
3,424
Abner Wood, Enoch Pierce & Enoch Wood
Sloop Hero
2,696
Thomas Brown
Brig Hannah
7,500
Thomas Brown and Samuel Chase
Brig Tryall (1800)
IIO
Thomas Dodge, Ipswich
Brig Vulture (1799)
500
Samuel Walton, Salisbury
Sch. Sally (1797)
8,500
John D. Farley, Swett & Farley
Sch. Phoenix
1 5,000
66
66
Sch. Olive
5,000
Brig Daniel & Mary
17,000
66
66
Amos Pearson and John Whalan
Ship Rose (1800)
1,150
66
66
66
66
66
Ebenezer Wheelwright
Abraham & Ebenezer Wheelwright
66
24I
ANNA JAQUES HOSPITAL
VESSELS.
AMOUNT OF LOSS. NAMES OF OWNERS.
Ship Rebecca
3,000
George Nowell
Sch. Union
10,000
John Moody, Thos. W. Hooper
Brig Confidence
8,000
John March and Robert Hazelhurst
Sloop Friendship
8,000
Benj. Wyatt, Jr., Jos. Toppan, Eleazer Johnson, Micajah Lunt
Sch. Union
800
Micajah Lunt
Brig. Retrieve
900
Nathan Frazier and others.
In 1885, congress passed an act providing for the adjudica- tion of these claims and many of them have since been paid. Some are still pending in the court of claims at Washington, and others have been set aside for lack of proof.
ANNA JAQUES HOSPITAL.
March 4, 1883, Miss Anna Jaques of Newbury gave to Dr. Francis A. Howe and William H. Swasey, Esq., bonds having a par value of twenty-five thousand dollars, in trust, for the purpose of establishing a hospital for the care of sick and dis- abled persons living in the city of Newburyport and in the towns of Newbury, West Newbury, Amesbury and Salisbury. These bonds with the premium and accrued interest amounted to nearly twenty-nine thousand dollars.I
Land on the corner of Broad and Munroe streets, extending to Tyng street, was purchased and during the following sum- mer the three-story dwelling house standing thereon was repaired and converted into a comfortable and convenient hos- pital.
March 20, 1884, the Anna Jaques Hospital Association was incorporated. Dr. Francis A. Howe was elected president, William H. Swasey, treasurer, Benjamin Hale, clerk; and the above-named officers, with Elisha P. Dodge, and Albert P. Saw- yer of Newburyport, Nathaniel Dole of Newbury, E. R. Sib- ley of Salisbury, Dr. J. A. Douglass of Amesbury and Charles W. Ordway of West Newbury, were elected trustees.
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