Municipal history of the town and city of Boston during two centuries : from September 17, 1630, to September 17, 1830, Part 3

Author: Quincy, Josiah, 1772-1864. 4n
Publication date: 1852
Publisher: Boston : C.C. Little and J. Brown
Number of Pages: 928


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 3


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45


In 1767, the town voted funds to procure the pictures of Colo- nel Barre and General Conway, and which, when received, they ordered to be hung in Fanenil Hall, as indications of their grati- tude for their opposition to the projects of the ministry. From that period to the declaration of independence, the unanimity of the inhabitants, and the principles by which they were actuated, are inseparably identified with the chief causes and characters of


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the American Revolution, and are among the most prominent and effective influences of that momentous crisis.


During the seventeenth century, no indication of dissatisfaction with the form of town goverment is apparent on the records. As early as 1667, among the instructions given by the town to its representatives, there was inserted the endeavor to obtain a law " making the town a corporation, or making it a county by i self." But this desire had probably no connection with any discontent at that self-goverment which a town organization secured to its inhabitants; but exclusively with that of getting rid of the Court of Sessions, whose authority it was thought might more properly be vested in the selectmien, and give more efficiency and uniformity to the proceedings of the town. In that court was invested the power to establish a house of cor- rection, which, in atter neglect of the injunctions of the colonial law, they had omitted to erect, choosing, from motives of eco- nomy, to use the common jail for that purpose; an omission of which the town had reason, and did not fail occasionally, to complain. The first proposal of change in the form of town government appears to have originated with the selectmen them- selves, who, in 1708, offered to the inhabitants, at a meeting called for that purpose, the following proposition for their con- sideration, namely : -


" That the orders and by-laws of this town already made, for the directing, ordering, and managing of the prudential affairs thereof, have not answered the ends for which they were made; and the principal cause thereof is a general defect or neglect in the execution, without which the best laws will signity little ; and one great reason why they are no better exeented, is the want of a proper head, or town officer or officers, empowered for that purpose, the law having put the excention of town orders into the hands of the justices only, who are not town, but county officers, and it cannot be expected that they should take the trouble and care, or make it so nich their business, as a town officer or officers, particularly appointed or chosen thereunto, must needs do. And, in- deed, for any body or society of men, as a town is, to be vested with power to make rules and by-laws for their own good regulation, and not to have power to choose and appoint the head officer or officers, who shall have power to exe- ente their own orders and by-laws, seems incongruons, and good order is not to be expected while it remains so; for as a town grows more populous, it will stand in need of more strict regulation. The said selectmen, therefore, pro- pose that this town do now choose a committee of a considerable number of the freeholders and other inhabitants of the town to draw up a scheme or draft a charter of incorporation for encouragement and better government of this town, in the best manner they shall think suitable, and of the best and


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n. .. . ... means for the obtaining thereof, and to present the said scheme ot hyatt to the town, at their annual meeting in March next."


I vote to that effect was accordingly passed. Thirty-one m.habitants of chief influence were elected to constitute the Coastiditee. On the fourth of March, 1708-9, they reported the required draft or scheme. But the town not only refused to accept it, but also refused to refer the subject to any future meeting ; at the same time passing votes of thanks to the com- mittee for their labors. In May, 1711, the subject was again revived, in a form, as was probably supposed, less exceptionable. " The town," say the records, " having grown exceedingly popu- lous, a proposition was made to apply to the General Court, that the selectmen, for the thue being might have power, with the consent of the Court of Sessions, to make by-laws, with a. penalty not exceeding forty shillings; and that they might be (ob-titated a court of record, to try and determine all offences against the by-laws, with an appeal from their judgment to the Cantt of Sessions." The proposition, however, after a long debate, received a decided negative from the inhabitants, and no simular attempt was made until after the peace of 1783. The few municipal relations, during this period of general and per- manent interest and importance, will be found hereafter stated in this history, in connection with some of the principal institu- then of the town and city.


The receipts and expenditures of the town, during its colonial proef are olveurely traced on its records, and the glimpses they gove of its want- and resources excite neither interest nor curi- maity. The ratio of the increase of its population cannot at this day be ascertamued. It was slow and gradual. During the seventeenth century, it never exceeded seven thousand. In 17:30, at the close of the first century from its settlement, its population was only fifteen thousand; and, although in the middle of the eighteenth century its members rose to eighteen thousand, yet the effects of wars with France, Spain, and the Indians, and that of the American Revolution, reduced that amount, at the peace of 1753, to twelve thousand, according to the most exact estimates. The wants of the community were during this period of the first necessity, and its resources of the most limited and attainable kind. The government being popular, and in effect democratic, the study of those who ma-


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naged its concerns was chiefly to avoid debt and taxation; and when exigencies requiring an enlargement of means occurred, even where the objects were both general and permanent, a re- sort was had to the liberality of the rich, to avoid the recurrence to a tax, which might excite the discontent of the less prosper- ous. Thus, the establishment of an almshouse, a workhouse, and even the provision for the absolute wants of the inmates of those institutions, were occasionally provided for by subserip- tions, which were regarded and responded to as approved means in all such exigencies.


During the revolutionary war, the exertions of the inhabitants of the town were directed to providing for the urgent wants of the period.


In 1776, the town was occupied in measures encouraging the declaration of independence, and in pledging unanimously their lives and fortunes for its support ; in forming committees of correspondence and of safety ; offering bounties for volunteers for the army, and providing arms and ammunition for the in- habitants.


In 1777, the town negatived the proposition, to invest in the General Court the power of forming a constitution for the com- monwealth ; took measures to fortify the harbor; remonstrated against the return of the Tories; borrowed money for the town, and raised subscriptions for the poor, and recommended to the churches to make collections for the families of the non-commis- sioned officers and privates of the army.


In 1778, the articles of confederation were discussed and ap- proved ; monopolists and forestallers denoneed ; the inhabitants were desired, in consideration of the necessities of the time, not to have more than two dishes of meat on their tables; and com- mittees were raised to provide shirts, stockings, and shoes for the army.


In 1779, measures were taken to relieve the town from the great scarcity of provisions and necessaries of life; to borrow money ; to raise contributions for the poor; to form a conven- tion ; to frame a new constitution for the state; for protection against invasion ; for regulating the prices of goods and pro- visions, and prosecuting those who violated the rules on this subject.


In 1780, the new constitution proposed for the state was con-


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ridered by sections in town meeting; many days were occupied in the discussion, several amendments proposed, and the consti- tation partially accepted ; measures were taken to enlist men for the attny, and to raise contributions for the poor.


In 1981, heavy assessments were voted by the inhabitants for procuring men, and beef and clothing for the army, and for con- tributions for the support of the poor in the almshouse. Mea- sures were also taken on the subject of the depreciation of paper money; and the subject of the fisheries was made a topic of carnest representation to the General Court. On occasion of a visit to the town by the Marquis Lafayette, he was forinally addressed by the inhabitants, with expressions of " their cordial esteem and affection;" to which Lafayette responded, in terms manifesting his " lively sense of attachment and gratitude to the i


In 17-2, measures were taken, on the memorial of the over- serre of the poor, who represented the inmates in the almshouse to be in want of the necessaries of life, and the master of it to be greatly in debt for his advances for their relief. Committees were raised on the subject of " the alarming combination of the bakers;" against " illicit trade;" and " the foolish predilection for British manufactures ;" and for the purpose of forming associ- ations to prevent sumggling ; and for the memorializing the General Court on the unconstitutionality of the Lord's Day Art.


Three measures, with others too numerous to be recapitu- Lated, awest with reports, memorials, and instructions to which fill the town records, so engrossed the thoughts of the inhabitants with topics of general interest and vital importance, as to supersede all recurrence to subjects of a municipal character, until the peace of 1783.


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CHAPTER IL.


TOWN GOVERNMENT. 1783 -1821.


State of the Public Schools -Measures in regard to them - Successive At- tempis to change the Government of the Town - Plan of a City Government adopted.


For upwards of forty years after the adoption of the constitu- tion of Massachusetts, in 1780, the municipal affairs of the town of Boston were conducted on the same sinnde and economical scale, which antecedent practice had sanctioned. During this interval, the management of the schools, the attempts to incor- porate the town, and the arrangements for the support of the poor, constitute the chief topics of interest and excitement.


Our knowledge of the proceedings relative to the schools, from their first establishment under the colonial law, in 1635, until the American Revolution, is chiefly derived from the reports of the selectmen, or of committees annually appointed for their super- vision. These state, in general, their good condition, and the number of scholars.


After the peace of 1793, a committee on the schools "lament that so many children should be found in the streets playing and' gaming in school hours, owing either to the too fond indulgence of parents, or the too lax goverment of the schools. They deprecate the effect upon the rising generation ; and recommend that the seleetmen should be enjoined to take care that no per- son should open a private school without their recommendation, agreeably to the good and salutary laws of the commonwealth."


Occasional efforts were made for improvements of the schools; but no general system was adopted until October, 1789, when a large committee was appointed on the subject, who with much deliberation reported a system which, after some opposi- tion, was sanctioned and carried into effect. The schools then constituted by this arrangement were, one for the instruction of boys in Greek and Latin, and for fitting them for the university, called the Latin School, in which duly qualified candidates might


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be admitted at ten years of age, and continue four years ; three reading and three writing schools, one of each at the north, the outre, and the south part of the town, into which candidates Were admitted at seven years of age, and might continue till six- ten. Boys might attend all the year round; girls, from the #Sh of April to the 20th of October.


The selectmen, and twelve other persons, annually elected in town meeting by ballot, were authorized to superintend the schools; to appoint masters and nshers, and fix their salaries; to visit the schools once every quarter, by sub-committees, and exercise all the powers the selectmen had done under the colo- nial government. Votes were, subsequently, annually passed by the town, confirming the above authority, and occasionally enlarging and strengthening it.


The school committee was organized by this arrangement in 1790, and its records, which commence in 1792, have been regularly continued .!


At this period there were only seven town schools, denomi- nated the Latin Grammar, the North Reading, the North Writ- ing, the Sonth Reading, the South Writing, the Centre Reading, and the Centre Writing Schools.


Their number was increased by the erection of the Mayhew School, at West Boston, in 1803; of the Hlawes, at South Boston, In 1-11 ; and of the Smith, for colored children, in 1912.


'The matality of the poorer classes to qualify their children for straten to the connuon schools, led the town, in 1215, to mate then the establishment of primary schools, for the education of children between four and seven years of age.


For their management, the school committee were authorized, annually, to appoint three inhabitants in each ward, whose duty it was to provide instruction for children between the above- mentioned ages, and apportion the expenses among the several schools.


In 1818, the Boylston School was authorized, and a school- hottre erected in 1819.


In 1820, an English classical school was established, having


1 The first elected members were, Hon. Thomas Dawes, Rev. Sammel West, Rev. Dr. Lathrop, Rev. James Freeman. Dr. Nathaniel Appleton, Dr. Aaron Devier, Dr. Thomas Welsh, John C. Jones, Jonathan Mason, Jun., Christopher Cione, George Richards Minor, and William Tador.


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for its object to enable the mercantile and mechanical classes to obtain an education adapted for those children, whom their pa- rents wished to qualify for active life, and thus relieve them from the necessity of incurring the expense incident to private aca- demies. The candidates were to be admitted at twelve years of age, and continue three years; good acquaintance with reading, writing, English grammar in all its branches, and with arith- metic as far as Proportions, were requisite for admission.


At the time of the transfer of the schools from the town to the city, their number were as follows :


The Latin, established in 1635; the Eliot, in 1713; the Adams, in 1717; the Franklin, in 1785; the Mayhew, in 1803; the Hlawes, in ISIL; the Smith, in 1812; the Boylston, in 1819; and the English Classical, in 1820. The number of primary schools were thirty-five.


The annual expenses of the whole system, with sufficient accuracy, may be stated at forty thousand dollars. The salaries of the masters of the Latin and English Classical Schools were two thousand dollars each; of the sub-masters, twelve hundred; of their ushers, averaging at seven hundred. Those of the reading and writing masters being twelve hundred; of their ushers, six hundred, with some diminution of salary in respect of the master at South Boston, and of the master of the school for colored children; the former receiving only eight, and the latter only six hundred dollars annal salary.


The number of boys attending the Latin, English, dla-i- cal, and reading schools being . 1814


Those attending the writing, . 915


2789


The number of girls attending the reading schools, . 883 Those attending the writing schools, . 861


1747


-1536 1


The above may be regarded, for all general purposes, a suffi- ciently near approximation to the number and expenses of the schools, and the number of those of both sexes instructed in them, when taken possession of by the city government.


The events of the American Revolution had strengthened the attachment of a great majority of the inhabitants of Boston to


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the form of town government. In town meetings their measures of opposition to the pretensions of Great Britain had been origin- atel, bren agitated and adopted, and the affection of the inha- bitants to the forms, under which their efforts had been crowned with success, was increased. The name and character of " town," became identified with the idea of popular power and civil liberty. This sentiment, united with the natural reluctance with which every people part with authority they have long and successfully exercised, rendered all attempts at change, not so much unpopu- lar, as hateful, to a majority of the inhabitants.


The inconveniences, resulting from the form of town govern- ment, because, however, every year more apparent to intelligent and inthiential citizens, and in May, 1781, on the petition of a large munter of the inhabitants, a committee of thirteen was appointed " to consider the expediency of applying to the Gene- all Court for an act to form the town of Boston into an incorpo- rated city, and report a plan of alterations in the present govern- ment of the police, if such be deemed eligible." This committee was selected with great care from among the most influential and popular inhabitants, and on the fourth of June ensning, they reported two plaus2 of a corporation, which, being read, were


I The wumitte were Sammel Adams, Joseph Barrell, Stephen Higginson, ( harte* Jazy, Willnan Tudor, Robert Treat Paine, Perez Morton, Samuel Back Bleand Pain, James Sullivan, Thomas Dawes, Benjamin Michborn,


* The A do way coa doved abstracts of these plans will give a sufficient gene-


FIRST PLAN.


The town to be a tuels policie by the name and style of the Mayor, Aldermen, and Games found of the City of Boston, with the following powers and privi-


. 1. To be invested with all the real and personal estate of the town, with power to digest of the same under specified limitations.


2. To be capable to the art of being sad.


3. Three meetings of the inhabitants to be held in the year, namely, -in March, to choose city ofheers; in April, to choose state officers; in May, to classe representatives. tieneral meetings to be called by the mayor, at the request of fitty citizens.


4 In March, the qualified voters were to choose by ballot a mayor, a recorder, twelve overseers of the poor, sixteen firewards, seven assessors, a county trea- surer and registrar; and, on the do following, the inhabitants of each ward to choose in its ward one alderman and two common councilmen.


5. The legality of the electors to be determined by the common council.


6. The city officers to take the oaths of allegiance and office.


i. The recorder to be a person discreet in the law.


8. The mayor, recorder, and common councilmen to constitute a common


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ordered to be printed and distributed to each house, the town adjourning to the seventeenth of the same month to take them into consideration. At this meeting, it was voted that " the sense of the town be taken on the expediency of making any alterations in the present form of town government." On which question the records state, -" but the impatience of the inhabitants for the question being immediately put, prevented any debate thereon, and it passed in the negative by a great majority, and the meeting was immediately dissolved."


This result did not, however, deter the friends of a change from further effort; and in November, 1785, the attempt was renewed, on petition of a number of the inhabitants, and a com- mittee was chosen " to state the defects of the present constitu- tion of the town, and to report how far the same may be reme- died without an act of incorporation." This committee, com- posed of men of great popularity and influence, reported, pro- bably more from a sense of the impracticability of effecting any change arising from the existing state of prejudice, than from any want of perception of the inconveniences experienced, " that they do not report any defects in the constitution." After debate, this report was accepted, and leave given to the petitioners to with- draw their petition.


council, with power to make by-laws and ordinances not repugnant to the laws of the commonwealth, and not to be in force until published in two newspapers.


9. The common council to have power to raise money ; of which the mayor and aldermen were to have the exclusive right of appropriating, laying an account of their expenditures before the people annually, in March.


10, 11, and 12, relate to the trial of breaches of the by-laws, the making a common seal, and to times of meeting of the common council.


13. No assembly was to be deemed a common council, unless either the mayor or recorder, at least seven aldermen and thirteen common councilmen were present.


The remaining articles relate to the choice of a town clerk, to the granting the freedom of the city, to the removal of city officers for misconduct, and to the fill- ing vacancies in case of their death.


SECOND PLAN.


This coincides with the first, except that the style of the body politic was to be " The President and Selectmen of the City of Boston."


Art. 4. In March, the qualified voters were to choose by ballot a president and six seleetmen, twelve overseers of the poor, sixteen firewards, seven assessors, a county treasurer and registrar ; and the day following, each ward should choose one selectman for such ward.


Art. 7. The president and eighteen selectmen to constitute a city board. The president always to be present, with powers to make laws.


The other articles not materially different from those of the first plan.


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The subject remained dormant until December, 1791, when it was again renewed, by a petition of a number of the inhabitants, " setting forth the want of an efficient police" on which was raised a large and respectable committee,1 consisting of inhabit- ants of leading influence in both the political parties of the period. This committee, after long deliberation, reported a sys- tem,2 which, after being read, discussed, amended in town mect- ing, and accepted by paragraphs, was ordered to be printed and distributed in handbills. The town then adjourned until the twenty-sixth of January ensuing, for its final consideration, when it was rejected ; five hundred and seventeen voters being in the affirmative, and seven hundred and one in the negative.


In May following, the attempt to effect a change in the sys- tem of town police, and for the better execution of the laws, was revived, and met a similar fate.


No subsequent attempt of this kind was made until January, 1801, when, by the increase of its population, the inconvenience of conducting town affairs, in general meetings, became more apparent to the inhabitants. A large committee 3 was, in conse-


1 The members of the committee were, -- James Sullivan, Charles Jarvis, Thomas Dawes, Jr., Judge Paine, William Tudor, Caleb Davis, Benjamin Aus- tin, Jr., Jonathan Mason, Jr., Stephen Higginson, William Enstis, Christopher Gore, William Little, John Q. Adams, Edward Edes, John Lucas, Thomas Tileston, James Prince, Thomas Edwards, Paul Revere, Edward Tyler, Charles Bulfinch.


" The following is a brief outline of the system reported : -


1. That the town be divided into nine wards, as equal as may be in point of the numbers of the inhabitants of each, which the seleetmen might change, if they saw fit, once in three years.


2. Each ward to elect two men residing in the ward, who, with the selectmen, should constitute a town council, and possess the following powers :-


First, of making by-laws with limited penalties. No by-law to be enacted, until it shall have had three several readings on three several days, and shall have been published for the inspection of the inhabitants ; nor be perpetual until reenacted by a subsequent town council, by the same formalities.


Second, to regulate all public carriages within the town, and to raise duties upon them.


Third, that the town council have power to appoint annually all the executive officers then appointed by the town, except selectmen, town clerk, overseers of the poor, assessors, town treasurer, school committees, auditors of accounts, fire- wards, collectors of taxes, and constables.


Fourth, to direct prosecutions for violations of the by-laws, and for this purpose ยท to appoint an attorney.


Fifth, to apply to the General Court for the establishment of a tribunal with one judge, having exclusive jurisdiction of such prosecutions.


3 The members of this committee were as follows : -


Josiah Snelling, Ozias Goodwin, Robert Gardner, Jacob Rhoades, Redford


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