USA > Massachusetts > Massachusetts directory; being the first part of the New-England directory 1835 > Part 14
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frost : for when a storm hath been or is likely to be it will roar like thunder, so as to be heard six miles. "
Boston was described by Johnson in his " Wonder Work- ing Providence," about the year 1663, in the following words :-
" Invironed it is with brinish floods, saving one small Istmos, which gives free access to the neighboring towns by land, on the south side, on the northwest and northeast. Two constant fairs are kept for daily trafique thereunto. The form of this town is like a heart, naturally situated for fortifications, having two hills on the frontier part thereof next the sea, the one well fortified on the superficies thereof, with store of great artillery well mounted. The other hath a very strong battery built of whole timber, and filled with earth ; at the descent of the hill, in the extreme poynt thereof betwixt these two strong arms lies a cove or bay, on which the chief part of this town is built, overtopped with a third hill; all these like overtopping towers, keep a constant watch to see the approach of foreign dangers, being furnished with a beacon and loud babbling guns to give notice by their redoubled echo to all the sister towns. The chief edifice of this city-like town is crowded on the sea-banks, and wharfed out with great labour and cost ; the buildings beautiful and large, some fairly set forth with brick tile, stone and slate, and orderly placed with semely streets, whose continual enlargement presageth some sump- tuous city. But now behold the admirable acts of Christ, at this his people's landing ; the hideous thickets in this place were such that wolves and bears nurst up their young from the eyes of all beholders, in those very places where the streets are full of girls and boys, sporting up and down with continu- ed concourse of people. Good store of shipping is here yearly built, and some very fair ones. This town is the very mart of the land ; Dutch, French, and Portugalls come here to trafique. "
City Charter.
As the citizens of many large towns in New-England con- template the adoption of city forms of government, and as the construction and character of city charters are not generally understood, we herewith give the Boston charter in full :-
An Act establishing the City of Boston, Feb. 23, 1822.
SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the au- thority of the same, That the inhabitants of the town of Bos- ton, for all purposes, for which towns are by law incorporated in this Commonwealth, shall continue to be one body politic,
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in fact and in name, under the style and denomination of the City of Boston, and as such, shall have, exercise, and enjoy, all the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations, now incumbent upon, and appertaining to said town, as a municipal corporation. And the administration of all the fiscal, prudential, and municipal concerns of said city, with the conduct and government there- of, shall be vested in one principal officer, to be styled the Mayor, one select council, consisting of eight persons, to be denominated the Board of Aldermen, and one more numerous council to consist of forty-eight persons to be denominated ile Common Council ; which boards, in their joint capacity, shall be denominated the City Council, together with such other board of officers, as are herein after specified.
SECT. 2. Be it further enacted, That it shall be the duty of the Selectmén of Boston, as soon as may be, after the passing of this act, to cause a new division of the said town to be made into twelve wards, in such manner as to include an equal number of inhabitants in each ward, as nearly as con- veniently may be, consistently with well defined limits to each ward; including, in such computation of numbers of inhabitants, persons of all descriptions, and taking the last census, made under the authority of the United States, as a basis for such computation. And it shall be in the power of the City Coun- cil, herein after mentioned, from time to time, not oftener than once in ten years, to alter such divisions of wards, in such a manner as to preserve, as nearly as may be, an equal num- ber of inhabitants in each ward.
SECT. 3. Be it further enacted, That on the second Monday of 'April,' [altered to December-See page 170,] an- nually, the citizens of said city, qualified to vote in city af- fairs, shall meet together within their respective wards, at such time and place, as the Mayor and Aldermen, may by their warrant, direct and appoint; and the said citizens shall then choose by ballot one Warden and one Clerk, who shall be resident in said ward, who shall hold their offices for one year, and until others shall be appointed in their stead. And it shall be the duty of such Warden to preside at all meetings of the citizens of such ward, to preserve order therein ; and it shall be the duty of such Clerk to make a fair and true record, and keep an exact journal of all the acts and votes of the citizens, at such ward meetings; to deliver over such records and journals, together with all other documents and papers held by him, in his said capacity, to his successor in such office. And if, at the opening of any annual meeting, the Warden of such ward should not be present, the Clerk of such ward shall call the citizens to order, and preside at such meeting until a Warden shall be chosen by ballot. And if,
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at any other meeting, the Warden shall be absent, the Clerk, in such case, shall so preside, until a Moderator or Warden pro tempore, shall be chosen ; which may be done by nomina- tion and hand vote, if the Clerk so direct. At such meeting also, five inspectors of elections shall be chosen for such ward, being residents therein, by ballot, to hold their offices for one year. And it shall be the duty of the Warden and Inspectors, in each wards to receive, sort, count and declare all votes, at all elections within such ward. And the Warden, Clerk, and Inspectors, so chosen, shall respectively be under oath, faithfully and impartially to discharge their several du- ties, relative to all elections ; which oath may be administered, by the Clerk of such ward, to the Warden, and by the latter to the Clerk and Inspectors, or by any Justice of the Peace of the county of Suffolk ; and a certificate of such oath's having been administered shall be entered in the record or journal, to be kept by the Clerk of such ward.
SECT. 4. Be it further enacted, That the Warden, or other presiding officer of such ward meeting, shall have full power and authority to preserve order and decorum therein, and to repress all riotous, tumultuous, and disorderly conduct therein, and for that purpose to call to his aid, any constable, or other peace officer, and also to command the aid and as- sistance of any citizen or citizens, who may be present; and any peace officer, or other citizen, neglecting or refusing to afford such aid, shall be taken and deemed to be guilty of a misdemeanor. And such Warden shall also have power and authority, by warrant, under his hand, to cause any person or persons who shall be guilty of any riotous, tumultuous, or dis- orderly conduct at such meeting, to be taken into custody, and restrained : Provided, however, That such restraint shall not continue after the adjournment or dissolution of such meeting : And Provided, further, That the person, so guilty of such disorderly conduct, shall be liable, notwithstanding such re- straint, to be prosecuted and punished, in the same manner, as if such arrest had not been made.
SECT. 5. Be it further enacted, That the citizens of said city, qualified to vote in city affairs, at their respective ward meetings, to be held on the second Monday in ' April' Ealter- ed to December-See page 170,] annually, shall be called upon to give in their votes for one able and discreet person, being an inhabitant of the city, to be the Mayor of said city, for the term of one year. And all the votes so given in, in each ward, being sorted, counted, and declared by the Warden and In- spectors of elections shall be recorded at large, by the Clerk, in open ward meeting: and in making such declaration and record, the whole number of votes or ballots, given in, shall be distinctly stated, together with the name of every person
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voted for, and the number of votes given for each person re- spectively ; such numbers to be expressed in words at length ; and a transcript of such record certified and authenticated by the Warden, Clerk, and a majority of the Inspectors of elec- tions for each ward, shall forthwith be transmitted or delivered by such ward Clerk, to the Clerk of the city. And it shall be the duty of the City Clerk, forthwith to enter such returns, or a plain and intelligible abstract of them, as they are succes- sively received, upon the journal of the proceedings of the Mayor and Aldermen, or some other book to be kept for that purpose. And it shall be the duty of the Mayor and Alder- men to meet together, within two days after such election, and to examine and compare all the said returns, and to ascertain whether any person has a majority of all the votes given for Mayor ; and in case a majority is so given, it shall be their duty to give notice thereof, in writing, to the person thus elect- ed, and also to make the same known to the inhabitants of said city. But if, on such an examination no person appears to have a majority of all the votes given for Mayor, the Mayor and Aldermen for the time being, shall issue their warrants for meetings of the respective wards, for the choice of a Mayor, at such time and place, as they shall judge most convenient ; And the same proceedings shall be had in all respects, as are herein before directed, until a Mayor shall be chosen by a ma- jority of all the voters, voting at such elections. And in case of the decease, inability, or absence of the Mayor, and the same being declared and a vote passed by the Aldermen and Common Council, respectively, declaring such cause, and the expediency of electing a Mayor, for the time being, to supply the vacancy thus occasioned, it shall be lawful for the Alder- men and Common Council to meet in convention, and elect a Mayor to hold the said office until such occasion shall be re- moved, or until a new election. [See page 171.]
SECT. 6. Be it further enucted, That the citizens in their respective ward meetings, to be held on the second Monday of ' April' [altered to December-See page 170,] annually, shall be called upon to give in their votes for eight persons, being in- habitants of said city, to constitute the Board of Aldermen, for the ensuing year ; and all the votes so given, being sorted, counted, and declared by the Warden and Inspectors, shall be recorded at large, by the Clerk, in open ward meeting ; and in making such declaration and record, the whole number of votes or ballots given in shall be particularly stated, together with the name of every person voted for, and the number of votes given for each person ; and a transcript of such record, certified by the Warden and Clerk, and a majority of the III- spectors of each ward, shall, by the said Clerk, within two days, be transmitted to the City Clerk ; whereupon the same
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proceedings shall be had, to ascertain and determine the per- sons chosen as Aldermen, as are herein before directed in re- gard to the choice of Mayor, and for a new election, in case of the whole number required not being chosen at the first election. And cach Alderman, so chosen shall be duly noti- fied in writing of his election by the Mayor and Aldermen for the time being. [See page 170.]
SECT. 7. Be it further enacted, That the citizens of each ward, qualified to vote as aforesaid, at their respective ward meetings, to be held on the second Monday of ' April' [alter- ed to December-See page 170,] annually, shall be called upon to give in their votes for four able and discreet men, being in- habitants of said ward, to be members of the Common Coun- cil ; and all the votes given in as aforesaid, in each ward, and being sorted, counted, and declared by the Warden and In- spectors, if it appear that four persons have a majority of all the votes given at such election, a public declaration thereof, with the names of the persons so chosen, shall be made in open ward meeting, and the same shall be entered at large, by thie Clerk of such ward, in his journal, stating particularly the whole number of votes given in, the number necessary to make a choice, and the number actually given for each of the persons, so declared to be chosen. But, in case four persons are not chosen at the first ballot, a new ballot shall be opened for a number of Common Council-men, sufficient to complete the number of four ; and the same proceedings shall be had, as before directed, until the number of four shall be duly chosen ; Provided, however, That if the said elections cannot conveniently be completed on such day, the same may be ad- journed to another day, for that purpose, not longer distant than three days. And each of the persons so chosen as a member of the Common Council, in each ward, shall, within two days of his election, be furnished with a certificate there- of, signed by the Warden, Clerk, and a majority of the In- spectors of such ward; which certificate shall be presumptive evidence of the title of such person to a seat in the Common Council, but such Council, however, shall have authority to decide ultimately upon all questions relative to the qualifica- tions, elections, and returns of its members.
SECT. 8. Be it further enacted, That every male citizen of twenty-one years of age and upwards, excepting paupers, and persons under guardianship, who shall have resided with- in the Commonwealth one year, and within the city six months next preceding any meeting of citizens, either in wards, or in general meeting, for municipal purposes, and who shall have paid by himself or his parent, master, or guar- dian, any state or county tax, which, within two years next
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preceding such meeting, shall have been assessed upon him, in any town or district in this Commonwealth, and also every citizen who shall be, by law, exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote at such meeting. and no other per- son shall be entitled to vote at such meeting.
SECT. 9. Be it further enacted, That the Mayor, Aldermen, and Common Councilmen, chosen as aforesaid, shall enter on the duties of their respective offices on the first day of 'May' in each year, unless the same happen on a Sunday; and in that event on the day following ; [altered to Ist Monday in January-See page 170.] and before entering on the duties of their offices, shall respectively be sworn, by taking the oath of allegiance and oath of office, prescribed in the constitu- tion of this Commonwealth, and an oath to support the con- stitution of the United States. And such oaths may be ad- ministered to the Mayor elect, by any one of the Justices of the Supreme Judicial Court, or any Judge of any Court of Record, commissioned to hold any such Court within the said city, or by any Justice of the Peace for the county of Suffolk. And such oaths shall and may be administered to the Alder- men and members of the Common Council, by the Mayor being himself first sworn as aforesaid; and a certificate of such oaths having been taken, shall be entered in the journal of the Mayor and Aldermen, and of the Common Council, respectively, by their respective Clerks.
SECT. 10. Be it further enacted, That the Mayor and Al- dermen, thus chosen and qualified, shall compose one board, and shall sit and act together as one body, at all meetings, of which the Mayor, if present, shall preside ; but in his absence, the board may elect a Chairman, for the time being. The said board, together with the Common Council, in convention, shall have power to choose a Clerk, who shall be sworn to the faithful discharge of the duties of his office, who shall be chosen for the term of one year, and until another person is duly chosen to succeed him; removable, however, at the pleasure of the Mayor and Aldermen ; who shall be denom- inated the Clerk of the City, and whose duty it shall be to keep a journal of the acts and proceedings of the said board, composed of the Mayor and Aldermen ; to sign all warrants issued by them, and to do such other acts in his said capacity, as may, lawfully and reasonably be required of him ; and to deliver over all journals, books, papers, and documents, en- trusted to him as such Clerk, to his successor in office, imme- diately upon such successor being chosen and qualified as aforesaid, or whenever he may be thereto required by the said Mayor and Aldermen. And the City Clerk thus chosen
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and qualified, shall have all the powers, and perform all the duties, now by law belonging to the Town Clerk of the Town of Boston, as if the same were particularly and fully enumer- ated, except in cases where it is otherwise expressly provi- ded.
SECT. 11. Be it further enacted, That the persons so cho- sen and qualified, as members of the Common Council of the said city, shall sit and act together as a separate body, dis- tinct from that of the Mayor and Aldermen, except in those cases in which the two bodies are to meet in convention ; and the said Council shall have power, from time to time, to choose one of their own members to preside over their delib- erations, and to preserve order therein, and also to choose a Clerk, who shall be under oath faithfully to discharge the duties of his office, who shall hold such office, during the pleasure of said Council, and whose duty it shall be to attend said Council, when the same is in session, to keep a journal of its acts, votes, and proceedings, and to perform such other services, in said capacity, as said Council may require. All sittings of the Common Council shall be public ; also all sit- tings of the Mayor and Aldermen, when they are not engaged in executive business. Twenty-five members of the Common Council shall constitute a quorum for the transaction of business.
SECT. 12. Be it further enacted, That the Mayor of the said City, thus chosen and qualified, shall be taken and deem- ed to be the chief executive officer of said corporation ; and he shall be compensated for his services by a salary to be fixed by the Board of Aldermen and Common Council in City Council convened, payable at stated periods ; which salary shall not exceed the sum of five thousand dollars annually, and he shall receive no other compensation or emoluments whatever ; and no regulations enlarging or diminishing such compensation shall be made, to take effect until the expira- tion of the year, for which the Mayor then in office, shall have been elected. And it shall be the duty of the Mayor to be vigilant and active at all times, in causing the laws for the government of said city to be duly executed and put in force ; to inspect the conduct of all subordinate officers in the gov- ernment thereof, and as far as in his power, to cause all negligence, carelessness, and positive violation of duty, to be duly prosecuted and punished. He shall have power, whenever, in his judgment, the good of said city may require it, to summon meetings of the Board of Aldermen and Com- mon Council, or either of them, although the meeting of said boards or either of them may, stand adjourned to a more dis- tant day. And it shall be the duty of the Mayor, from time
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to time to communicate to both branches of the City Council all such information, and recommend all such measures as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort, and ornament of the said city.
SECT. 13. Be it further enacted, That the administration of police, together with the executive powers of the said corpo- ration generally, together also with all the powers heretofore vested in the Selectmen of the town of Boston, either by the general laws of this Commonwealth, by particular laws rela- tive to the powers and duties of said Selectmen, or by the usages, votes, or by-laws of said town, shall be and hereby are vested in the Mayor and Aldermen, as hereby constituted, as fully and amply as if the same were herein specially enu- merated. [" And further, the said Mayor and Aldermen shall have full and exclusive power to grant licenses lo innholders, victuallers, retailers, and confectioners, within the said city, in all cases wherein the Court of Sessions for the county of Suf- folk, on the recommendation of the Selectmen of Boston, have heretofore been authorized to grant such licenses ; and in grant- ing such licenses, it shall be lawful for the said Mayor and Al- dermen to annex thereto such reasonable conditions in regard to time, places, and other circumstances, under which such license shall be acted upon, as in their judgment, the peace, quiet, and good order of the city may require. Also to take bonds of all persons so licensed, in reasonable sums, and with sufficient sureties, conditioned for u faithful compliance with the terms of their said licenses, and of all laws and regulations respecting such licensed houses : And said Mayor and Aldermen, after the granting of any such license, shall have power to reroke or suspend the same, if in their judgment the order and welfare of said city shall require it. And any person or persons who shall presume to exercise either of the said employments, within said city, without haring first obtained a license therefor, or in any munner, contrary to the terms of said license, or after the same shall hare been reroked or suspended, such person or persons shall be liable to the same penalties and forfeitures, and to be prosecuted for in the same manner as now by law provided, in case of exercising either of said employments without license from the Court of Sessions for the county of Suffolk ; and shall also be taken and deemed to hare forfeited their bonds, respectively giren aforesaid, upon which suits may be instituted against such licensed persons or their sureties, at the discretion of the said Mayor and Aldermen, and in such manner as they may direct, for the purpose of enforcing such forfeiture : Pro- vided however, That all innholders, retailers, confectioners, and victuallers, shall, on being licensed as aforesaid, pay the
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same sum now required by law ; which sum shall be accounted for in the same way and manner as is now by law required.] [Repealed by act of March 24, 1832.]
SECT. 14. Be it further enacted, That the Mayor and Al- dermen shall have power to license all theatrical exhibitions, and all public shows, and all exhibitions, of whatever name or nature, to which admission is obtained on payment of money, on such terms and conditions as to them may seem just and reasonable ; and to regulate the same, from time to time, in such manner as to them may appear necessary to preserve order and decorum, and to prevent the interruption of peace and quiet. And any person or persons who shall set forth, establish, or promote any such exhibition or show, or publish or advertise the same, or otherwise aid or assist therein, with- out a license so obtained as aforesaid, or contrary to the terms or conditions of such license, or whilst the same is suspended, or after the same is revoked by said Mayor and Aldermen, shall be liable to such forfeiture, as the City Council may, by any by-law made for that purpose, prescribe.
SECT. 15. Be it further enacted, That all other powers now by law vested in the town of Boston, or in the inhabit- ants thereof. as a municipal corporation, shall be, and hereby are vested in the Mayor and Aldermen, and Common Coun- cil of the said city to be exercised by concurrent vote, each board, as hereby constituted, having a negative upon the other. More especially they shall have power to make all such needful and salutary by-laws, as towns by the laws of this Commonwealth have power to make and establish, and to annex penalties, not exceeding twenty dollars, for the breach thereof, which by-laws shall take effect and be in force from and after the time therein respectively limited, without the sanction or confirmation of any court, or other authority what- soever ; Provided, That such by-laws shall not be repugnant to the constitution and laws of this Commonwealth : And provided also, That the same shall be liable to be annulled by the Legislature thereof. The said City Council shall also have power, from time to time, to lay and assess taxes for all purposes for which towns are by law required or authorized to assess and grant money, and also for all purposes, for which county taxes may be levied and assessed, when- ever the city shall alone compose one county : Provided, however, That in the assessment and apportionnent of all such taxes upon the polls and estates of all persons liable to contribute thereto, the same rules and regulations shall be observed as are now established by the laws of the Common- wealth, or may be hereafter enacted, relative to the assess- ment and apportionment of town taxes. The said City Coun-
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