USA > Massachusetts > Suffolk County > Boston > Municipal history of the town and city of Boston during two centuries : from September 17, 1630, to September 17, 1830 > Part 18
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" If the City Conneil has a right to require that all the poor, excepting the two classes above-mentioned, shall be supported in the House of Industry, it necessarily follows that the Overseers are bound to send all such poor there for relief; and if they should decline to do so, the remedy would be substantially the same as in any other town in the Commonwealth where the Overseers should refuse to provide for the poor according to law and to the directions of the town. "These general views of the subject exhibit the opinions that we have formed on most of the points in controversy ; but we proceed briefly to give a specific answer to each of the questions contained in the annexed papers.
" To the first, we answer, that, in our opinion, the erecting and providing for the House of Industry, is a valid and legal exercise of authority by the City Council ; and we also think that it may be considered such a poor-house as is contemplated by the statute of 1735 ; though, for the reasons above-mentioned, we have not thought it material to settle the last question. We have no doubt that it is a house in which the City Council may lawfully order the poor to be relieved and employed; and that the poor when there, must be relieved and employed by the Directors, and under their authority.
" To the second, we answer in the affirmative. It is impossible that two dis- tinct and independent bodies should cach have the whole of the authority in question, and the statute 1822, e. 56, has given the authority to the Directors.
" To the third; in our opinion, the Overseers have no such right or authority.
" To the fourth; we see nothing in any of the statutes referred to, which could prevent the town, before the charter, or the City Comeil now, from " directing the way and manner" in which the poor should be relieved, supported, and employed, as any other town in the Commonwealth might do, excepting only that before the statute of 1822, c. 56, if the city had seen fit to build and main- tain a poor-honse in pursuance of the provisions of the statute of 1735, the Over- seers would have had the direction of the house.
" To the fifth; the City Comeil has, in our opinion, the same anthority in this respect that the town formerly possessed, and their votes pursuant to that author- ity are conelusive and obligatory on the Overseers.
" To the sixth ; we see no necessity for the Overseers to exercise any authority over the poor in the House of Industry ; and the City Council cannot, as we apprehend, give to the Overseers any authority inconsistent with that which is vested in the Directors by the statute of 1822, c. 56. Of course, we are of oni- nion that the Overseers cannot exercise any greater authority than that speci- fied in the vote of September 29, 1828. This vote, however, does not appear to be a full exercise of the anthority of the City Council, and we would suggest the expedieney of their passing a formal order (if there is not such a one in force) requiring that all the poor, with the exception of the two classes above-mentioned, shall be relieved, supported, and employed in the House of Industry.
" To the seventh; if the City Council have passed, or should see fit to pass, an order of the kind suggested in our preceding answer, the Overseers could not lawfully maintain the poor, who come within the terms of the order, at the
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expense of the city, at any other place than the House of Industry. The Directors of that House have the same power as the Overseers to send there any of the poor persons referred to in this question.
" The eighth is answered in the preceding answer.
" To the ninth ; we are not aware of any further measures that can or ought to be taken by the City Council in this respect.
(Signed) WILLIAM PRESCOTT, CHARLES JACKSON, DANIEL WEBSTER."
" BOSTON, June 21, 1825.
The opinions of these jurists on the several laws, documents, and questions submitted to them, were received and communi- cated to the City Council on the twenty-seventh of June, 1825, and, in conformity therewith, the Committee reported the three following resolves, which were immediately passed by the City Council ; and, by their order, an attested copy of the report and resolves was transmitted to each member of the Board of Over- seers of the Poor.
1. Resolved, That the Overseers of the Poor be, and hereby are directed to cause all persons, who, from the nature of the ill- ness under which they labor, or of the accident which has befallen them, are incapable without endangering life to be removed from the place where they are, to be relieved and sup- ported in such place until they are capable of being removed, and as soon as they are capable of being removed, the said Overseers are directed to cause thein forthwith to be removed for further relief and support to the House of Industry.
2. Resolved, That the Overseers of the Poor be, and they hereby are directed, as it respects those householders and others, who, in their opinion, require partial relief, and who may be ren- dered more comfortable by a small supply at their own houses than by being wholly supported in a poor-house, to grant such partial relief and small supply of necessaries at their own houses.
3. Resolved, That the Overseers of the Poor be, and they hereby are directed to see that all poor and indigent persons, having lawful settlement in the city of Boston, and standing in need of relief, other than those belonging to the classes specified in the two preceding resolves, be suitably relieved, supported, and employed in the House of Industry, according to the regulations and under the superintendence of the Directors of said House.
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On the nineteenth of May, 1825, a committee was appointed in both branches of the City Council, to inquire into " the practi- cability, expense, and expediency of supplying the city with good, wholesome, and soft water." On the thirteenth of June the Committee reported that there was no doubt of its practicability or expediency, and that the only questions were, concerning the expense and the mode by which it could be effected; but that a great diversity of opinion existed, whether it ought to be left. to private associations of capitalists, or be done wholly at the expense of the city ; they recommended a survey of the most suitable places in the vicinity from which a sufficient supply might be obtained. This was authorized, and an appropriation made of one thousand dollars for the object.
So little were the future wants of the city anticipated, that the Mayor received from a citizen of Boston, perhaps second to none of his time for talents, judgment, and affection for the city, a let- ter dated June 25, 1825, recommending Stony Brook, in Roxbury, " as the source of supply, and stating, from his own observation, that, during forty years, it had never failed to supply water sulli- cient for the purposes of the city." Indeed, there was no general deficiency of a supply of water felt at that time, except at fires. On the fourteenth of November, Daniel 'Treadwell, an experi- enced engineer, was, however, employed by the city to make a survey of places best adapted to afford such a supply; and, on the twenty-third of the same month, the Mayor received a letter from John C. Warren, then, as now, one of the most emi- nent physicians in the city, which, after stating "that the in- troduction of an ample supply of pure water would contribute much to the health of the city, and prove one of the greatest blessings which could be bestowed upon it," concluded with a caution against " any project involving much expense, as being objectionable, and might tend to delay the execution of a more perfect plan, and protract the existence of an evil most important to be removed." Spot Pond, in Stoneham, and Charles River, were the two sources of supply to which Mr. Treadwell's survey related ; and the expense to the city from either source was cal- culated not to exceed six or seven hundred thousand dollars. The publie mind was not, however, prepared to incur even this expense for the object; and Mr. Treadwell's report was imme- diately referred to the next City Council. And in December, a
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joint committee of both branches were appointed to ascertain on what terms the sources of supply, suggested by Mr. Treadwell, could be obtained.
While these measures were in progress, the Mayor entered into a correspondence with William 'T. Lewis of Philadelphia, whose superintendence of the waterworks of that city, and instrument- ality in constructing them, had highly qualified him to give information on the subject. With great readiness, Mr. Lewis gave his opinion upon all the topics on which the Mayor had inquired, and particularly on that which he regarded as the most important of all others, as to the expediency of effecting the object wholly at the expense of the city, or by the aid of asso- ciated capitalists. " On this subject," he replied, "cost is not to be regarded; in London, scarcely a fire of any magnitude happens, without complaints of the deficiency of water; and I have now a paper in my possession, stating a meeting of the Common Council of the city, inquiring into its cause. This it does not require much consideration to answer. It is from the fatal error of suffering interested individuals to have the supply of an article of the most indispensable nature, and, with- out which, health and comfort cannot be enjoyed. Expense is comparatively no object. If a company supply your city, they will expect to profit by it, and this profit may as well be saved to your corporation. If it be a losing business, indivi- duals should not suffer by forwarding a great public objeet ; and if they do, the citizens will be sure to feel it by a pinched and partial supply. In Philadelphia, we have expended vast sums . of money, yet I finnly believe that were the question submitted to the citizens, to sell to a company the whole cost, with inte- rest, that not one tenth part of the population would agree to it. The increased security from fire, the abundant supply for wash- ing the streets, the copious streams afforded for baths for cleanli- ness, and, in short, many other advantages, are such, and so well appreciated, that no money would tempt them to make sale of the works." These views were deemed by the Mayor conclu- sive on this point; and a very powerful association being, at that time, forming, to introduce water into the city, he came to the resolution to throw his whole official influence against it.
During this year the building of Faneuil Hall Market was pursued with great vigor. On the second of May, a committee
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of both branches 1 was raised on the subject, who appointed a sub-committee2 for its superintendence, and David W. Child, the active superintendent of the work. None but ordinary super- visory attentions were required ; and the year closed with reports to the City Council, concerning the expenditures of the year, and the outstanding claims of proprietors of the land.
In October, 1825, a resolve passed the City Council, vesting the Mayor with authority to take a census of all the inhabit- ants of the city. In order to give perfect satisfaction to the citizens, the Mayor, after consulting the Board of Aldermen, selected two individuals for each ward of the city, and for that part of ward No. 12, called South Boston, two additional per- sons, all well qualified for the task; and after a thorough research, it resulted that the population of the city in the year 1825, was fifty-eight thousand two hundred and eighty-one ; mak- ing an increase in the five years succeeding the last census in 1820, of fourteen thousand three hundred and eighty-one.
In January, 1825, a request, signed by sixty citizens, was made in writing to the Mayor and Aldermen, for a call of a meeting of the citizens in wards, to apply to the Legislature for such an alteration in the city charter, that the Board of Aldermen shall consist of twelve members, one of whom should be chosen in each of the wards, the vote on the question to be taken by ballot. This application was soon followed by a remonstrance of other citizens, denying the authority of the Mayor and Aldermen to call ward meetings for such a purpose. The subject was referred to a committee, of which the Mayor was chairman; and a report,3 stating their views of the authority vested in the Mayor
1 The Committee were, - the Mayor, Aldermen Blake, Marshall, and Bry- ant; and of the Common Council, Oliver, (its President) Coolidge, Curtis, Wil- liams, Hastings, Adan, and Boies.
2 The Sub-Committee were, -the Mayor, Marshall, Bryant, Williams, and Boies.
3 The following is a condensed statement of this report : --
That antecedent to the amendments of the constitution of the Commonwealth in 1820, the power to call public meetings of the inhabitants in wards was never exercised or attempted to be, other than for the choice of officers ; and that the power of constituting a city and organizing its government by ward elections was first obtained under the second article of the amendments to that constitu- tion ; and that by the terms of that amendment that power is vested in the Gene- ral Court, with the power of prescribing the manner of calling and holding pub- lic meetings of the inhabitants in wards or otherwise ; so that the powers of the city authorities to call meetings of the inhabitants in wards, depends solely on the grant of the legislature, and do not extend beyond the terms of that graut.
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and Aldermen, was made, accepted, and a resolve passed in both branches of the City Council, that, in their opinion, "the Mayor and Aldermen are not authorized by the city charter to call meetings of the citizens in wards, on the application of any meeting of citizens whatsoever, for any purpose, except those expressly provided for in said charter."
In May, 1825, a petition, signed by more than sixty persons, was presented to the Mayor and Aldermen, requesting that a general meeting of the citizens should be called, to give their ballots by yea and nay, on the following proposition, namely, - " Shall ten hours faithful labor be considered hereafter as a day's work for journeymen mechanics in this city." Which, being read and considered, it was resolved to be inexpedient to pass the same, "the Board deeming the subject not within the provi- sions of the city charter."
The city charter had made no provision for filling any vacancy which might occur by death or resignation in the Board of Alder- men. This defect was remedied in June, 1821, by a special act of the Legislature of Massachusetts.
The inconvenience of organizing the city government so late in the season as the month of May, had been generally felt by the members of the City Council. And in November, 1824, a committee, of which the Mayor was chairman, made a report on the expediency of applying to the Legislature for an alteration in the city charter, so as to enable the citizens to organize the city government at an earlier period of the year, stating that the two first months of the year were those of the greatest leisure, and would give the new goverment enlarged opportunities to review the proceedings of their predecessors, and to digest their own ; more ample time to make the necessary contracts for the service of the year, before the business season commenced, and greatly facilitate the operations of the city; concluding with a recommendation that a meeting of the inhabitants of the city should be called, for the purpose of obtaining their authority to apply to the Legislature for such a change in the city charter, that the municipal elections should take place annually, in the
Now there is no clause in the charter of the city giving any color to the exer- cise of a power to call any public meeting of citizens in wards, except in cases specifically enumerated, in which it is not pretended that the meeting for which that now requested to be called is included.
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month of December, and the municipal year commence on the first Monday in January. The sanction of the inhabitants hav- ing been obtained, the Legislature, by an act passed on the twenty-seventh of June, 1825, authorized the proposed alteration of the charter; and this city year included, of consequence, but eight months.
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CHAPTER XIII. CITY GOVERNMENT. 1825.
JOSIAH QUINCY, Mayor.
An Act authorizing a New Organization of the Fire Department applied for and obtained from the State Legislature - Sanction of the Act by the Citi- zens - Measures pursued to carry it into effect- Sites for Engine Houses selected - Reservoirs constructed - Lafayette revisits the City --- Measures adopted on the Occasion by the City Council.
Soon after the organization of the city government, in May, 1825, a joint committee of the City Council, consisting of the Mayor, Aldermen Blake, Marshall, and Bryant, and of Messrs. Oliver, Parker, Rice, Dyer, Fisher, Wells, and Elliot, of the Com- mon Council, was raised on the fire department, according to the recommendation of the preceding City Council. On their report a vote was passed, that a new organization of it was expedient, and another, authorizing the Mayor and Aldermen to apply to the Legislature of the State to invest the officers of the proposed fire department, when elected, with such powers and authorities as might be requisite.
The Mayor, in reply to his inquiries, received a letter from Thomas Franklin, who had been for twenty years Chief Engi- neer of the Fire Department of the city of New York, of the following tenor: " Relative to our system of extinguishing fires, I believe, from long experience, IT IS THE BEST THAT CAN BE DEVISED ; and I respectfully recommend, that a suitable person be appointed to visit and examine our fire departinent, and see the operation thereof. I am persuaded it will be more effectual than any written communication."
In consequence of this suggestion, the Committee of the City Council commissioned George Darracott, a citizen of Boston, - who had been one of its firewards, and who was highly qualified by experience, energy, and practical skill, -to visit New York and Philadelphia, and inquire into the organization of their fire
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department, and to examine into the construction, size, and power of their engines.
Mr. Darracott immediately visited those cities, and received in both every facility for becoming acquainted with their whole system of fire police. On the first of June ensuing, he addressed a letter to the Mayor, minutely replying to all the particulars included in his commission, with precision and with practical statements and reflections, resulting in an unequivocal expres- sion of opinion, that " such is the advantage of the system in use in those cities, that it could not be too early pressed upon the attention of the city authorities of Boston ; " adding, that " although the firemen of Boston possessed as much intrepidity as any men, and risked readily both their property and per- sons, yet they have not been accustomed to regard favorably the hose system, and seldom make use of hose, except when they cannot play from the pipe. The reverse of this is the case in New York. It there frequently happens, when a fire originates in narrow passage-ways, where engines cannot operate to advan- tage, that they are placed in the centre of one of their large squares, entirely out of view of the fire, and the hose is led through stores and houses in the vicinity. This, with the effi- cient organization of the various component parts of the depart- ment, and the playing of the whole under the supreme comnand of one, is what, in my opinion, after a minute and careful inspec- tion of the whole system, gives the firemen of New York, such a decided superiority over those of any other place. To this con- clusion my mind has been irresistibly led. I have always felt a degree of pride in the character of our Boston firemen, and never would concede the point, that fires were not better managed here than elsewhere. But recent events have caused doubts in my mind. Those doubts are now confirmed. The fault lies not in the men, but in the system." This letter was immediately published for the information of the citizens, and a petition at once presented to the State Legislature, conformably to the authority given by the City Council, for powers to organize a fire department in Boston, on the principles which have beer stated.
There was, however, reason to fear, that such was the invete- rate animosity of certain individuals to the system proposed, some of whom were members of the Legislature and of the Bos-
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ton seat, that their influence would be thrown in favor of reject- ing the application altogether, without giving the citizens oppor- tunity to express their opinion upon it. The Mayor, therefore, to cast upon the opponents of the system the responsibility of such total rejection, caused the following address to be imme- diately printed and transmitted to each member of the Legisla- ture.
TO THE MEMBERS OF THE BOSTON SEAT, IN THE LEGISLATURE OF MASSACHUSETTS.
BOSTON, 12th June, 1825.
GENTLEMEN :- Understanding that doubts are entertained, concerning the principle of the bill, relative to a fire department, and that too by members of the Boston seat, I deem it my duty not to permit that bill to fail, withont dis- tinetly explaining the views of the City Council upon the subject. If the city is again made subject to destruction by the inapplicability of our present system to the existing state of population, I am desirous that the City Council shall escape the responsibility of such misfortune.
The principal object of the bill, is to vest in the City Council the power of constituting an efficient fire department, and, for this purpose, that they should have the appointment of the officers of that department and the distribution of their duties. The power to appoint and to prescribe the duties is the simple object. If it fail, there can be no organization of an efficient fire department, and the consequences I need not portray.
The present system is, from the nature of things, inapplicable to the existing state of population, and it cannot be made applicable.
At present, thirty-six members compose a board of firewards, and as many more as the City Council may determine. They are chosen in wards. Their power consists, -
1st. In requiring, during fire, assistance in extinguishing it, or in removing goods or guarding them, and in suppressing tumults or disorders.
2d. In directing and appointing the stations and operations of engines and enginemen, and of all persons in extinguishing fires.
This power is supported by the sanction of a penalty of ten dollars, on refusal or neglect to obey their orders.
This system had its origin in, and from the nature of things is solely applica- ble to comparatively small towns.
The authority of firewards, though called power, is in fact influence. Of what possible use toward an efficient extinguishment of a fire is the recovery of ten dollars the next day on a delinquent ? Of the thousand neglects and refu- sals which oceur at every fire, how many are prosecuted ? Comparatively speaking, not one !
The efficient authority of firewards, under our present system is mere influ- ence. And, as such, the highest and the most influential citizens, who could be persuaded to take the office, it was the practice to make firewards ; to the end that the individuals whom they required to assist, might be unwilling to refuse. either through shame or respect.
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This was the real efficient power of the present system. But it is obvious that the whole of this power is annihilated, when a city is grown to such a size, as that not one in ten of the firewards, let him be ever so respectable, can be known to the attendant multitude, when that multitude are, for the most part, assembled not from sympathy for the sufferers, but froin idle curiosity, and many from worse motives; when, from the practice of insuring, and the belief preva- lent that the loss will be borne by the capital of insurance offices, indifference to them becomes more prevalent, and disinclination to incur the labor and hazard of assisting in extinguishing them more general; and that too in those very classes of the community whose weight of character and property used formerly to constitute the strength of the 'influence ' of firewards, by cooperating in their exertions.
Is it wonderful, in such a state of population and of feeling, that the scenes . which every man has witnessed of late at fires should occur ? The surrounding multitude have neither shame nor fear, in refusing the fireward, and rimning away in masses as soon as he is seen with his badge of office advancing towards them; or if a few yield a reluctant assent temporarily, yet quitting the lanes, or leaving the work assigned them, as soon as the fireward's back is turned.
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