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 39
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I speak of these consequences with the more freedom, because I know they are felt and acknowledged by very many of our most intelligent and patriotic citizens ; and because I have been made officially acquainted with the fact, that the effect produced by the present mode of electing these officers has been, in many instances, the openly avowed reason of declining to become candidates by some, and of the resignation of these offices by others.
The nature and extent of this evil is not to be appreciated by any estimate, since every form of organization, which tends to render wise, faithful, and business men unwilling to serve a community, is productive of mischief's alto- gether incalculable.
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Touching the remedy for these evils, the obligations of the city charter compel me to speak distinctly and unequivocally.
Under a city organization there is no mode of selecting such bourds, consistent with harmony, efficiency, and responsibility, except, their election by the City Council.
Every other mode establishes, or gives to such board a color to assume the character of independence. And wherever this quality exists, or is assumed, jealousies, rivalries, claims of jurisdiction, and contests for anthority between it and the City Council, are inevitable.
The station I have had the honor for the last two years to hold, has compelled me to witness past embarrassments, and to realize those which are to come, in consequence of this unprecedented organization of city power. Between the City Council, the Overseers of the Poor, and the School Committee, very serions and difficult questions have already arisen, and are yet unsettled. Nor is it possible, in the nature of things, that such controversies should not arise and be productive of bitterness and discord, so long as in the great interests of protec- tion against fire, of education, and of support of the poor, the right to manage and expend money is claimed by one board, and the right to regulate, appropriate, and call to account is vested in another.
As I have no question concerning the remedy, so also I have none concerning the mode in which it ought to be sought. 1st. By an arrangement of the details by the City Council relative to each board, conformably to the subject-matter of its power, predicated on the principle of election by that body. 2d. By an application to the legislature for its sanction of those details and of that prin- ciple. 3d. By an ultimate reference of the whole, for the approbation, by general ballot, of our fellow-citizens.
Let it not be objected to such an attempt, that it will be construed into " a grasp after more power," by the City Council, and be opposed from jealousy, or prejudice. Those who thus object, do but little justice to the thoughtful and prescient character of the citizens of this metropolis; at all times as distin- guished for justly appreciating the necessities of legitimate power, and for a wil- lingness to yield whatever is plainly requisite for a vigorous and responsible action of constituted authorities, as for a keen perception and quick resistance to tyrannical control.
Grant, however, the attempt should fail, what then ? The City Council stand before the public and before heaven, with the proud consciousness of ful- filled duty ; discharged from all accountability for the inconveniences and embarrassments, which cannot fail to flow from the present organization so long as it exists.
For myself, whatever may be the event, I shall have the satisfaction of that internal assurance, which is better than all human approbation, that none of the evils which may occur, can be attributed either to the want of anxious precau- tion, or to the shrinking from just responsibility, in the executive officer. Nor have I any apprehension that these remarks will be construed into any reflec- tion upon the gentlemen who now hold, or who recently have held seats in either of those boards. Many of them are among the most intelligent and patriotie of our fellow-citizens. Some of them, I know, concur in the general opinions above expressed. The subject has reference to the necessary and obvious effects of a
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particular organization of our city government, of which I am bound to speak, according to the state of my convictions, with a plainness anthorized by the charter and required by the oath it has imposed. These obligations fulfilled, I leave every thing else to the candor, the intelligence, and virtue of my fellow- citizens, in which I repose an entire confidence.
Gentlemen of the City Council : -
The events of the past years of our city organization are full of satisfaction and encouragement. Between the branches and between the members of the City Council there has uniformly existed a harmonious, urbane, and conciliatory intercourse. The interests of the city have been studied and pursued with an exclusive eye, and a firm, unhesitating step.
Neither the spirit of selfishness, nor the spirit of party, has ever dared to mingle its unhallowed voice in the debates of either branch of the City Council. These are proud recollections, as it respects the past ; and happy auguries, as it respects the future.
May they continue and be multiplied ! May the members of the present, like those of former City Councils, close their labors with the approbation and applause of the multitude of their brethren ; as those, who have sought with singleness, sincerity, and success, the interest and honor of the city; the im- provement of its accommodations, the enlargement of its resources, and the advancement of all the means which constitute a prosperous, happy, and virtuous conmunity.
(E. Page 197.)
THE MAYOR'S INAUGURAL ADDRESS, JANUARY, 1826.
Gentlemen of the City Council: -
To express gratitude for this renewed instance of the confidence of my fellow- citizens, and to repeat assurances of a zeal and fidelity in their service, in some degree proportionate to that confidence, are natural and suitable on the present occasion. It cannot be expected that he, who sustains the complicated relation ot chief magistrate of this city, let his endeavors be what they may, should at all times satisfy the often-conflicting passions and interests always necessarily exist- ing in so great a community. Much less can it be expected from the individual, who, through the indulgence of his fellow-citizens, is now permitted to enjoy that distinction. In all cases, however, of doubt and difficulty, that individual will rest confidently for support, even with those who differ with him in opinion, on the consciousness, which he trusts his general course of conduct will impress, that every act of his official condnet, whether acceptable or otherwise, proceeds from a single regard to the honor of the city, and to the happiness and best interests of its inhabitants.
It is with great delight, Gentlemen, that I must here pay a tribute, justly due to the wisdom and public spirit of all our former City Councils. Their harmony, in
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relation to objects of public improvement, their vigilance in maintaining the checks of our city charter, and the reciprocal cooperation of the branches and members in advancing the general interests of the city, withont local, party, or selfish considerations, are facts at once exemplary and encouraging ; the results of which are apparent in our streets, in our public buildings, in the augmented value of our city lands, and in the increasing satisfaction of our fellow-citizens, with their new form of government.
The unquestionable evidence derived from our recent census, has fulfilled the expectations of the most sanguine ; and has put beyond question, that the increase of this city, during the five years past, has been, to say the least, not inferior to that of any of our maritime cities, on the previous actual basis of its population.
This fact may be considered as conclusive on its future prospects. For if, at a time when universal peace among European nations has changed and limited the field of commercial enterprise, on which the greatness of this city was once supposed, in a manner, altogether to depend, it appears that, notwithstanding this change and limitation, its growth, instead of being diminished, is increasing with a rapidity equal to that of the most favored of our commercial cities, it follows conclusively, that our greatness is not altogether dependent upon foreign commerce ; and also, that the enterprise, capital, and intelligence of our citizens, determined inwards, and active upon agriculture, manufactures, and in our coasting trade, are producing results even more auspicions than our foreign commerce, in its most prosperous state, ever effected ;- than which, to the patriot's heart and hope, no facts of a mere physical character, can be more encouraging or delightful.
Similar grounds for satisfaction will be found in comparing the increasing results of the aggregates of our valuation, and the decreasing results of the ratio of our taxes. During the five years from 1821 to 1825, inclusive, it appears by the Assessors' records, that the whole aggregate of real and personal property in this city increased from twenty millions three hundred thousand dollars, to twenty-six millions two hundred thousand; making a regular annual increase of about one million two hundred thousand dollars. Of which increased capital, it will appear, by comparing the aggregate of 1821 with that of 1825, that four millions five hundred thousand have been invested in real, and one million five hundred thousand in personal estate.
During this period, it is true, as is inevitable in a progressive state of society, increasing daily, not only in numbers, but in municipal exigencies and requisi- tions for expenditures, on account of improvements, the amount of our taxes have increased in the aggregate. Yet, at the same time, owing to the increased aggregates of our valuation, the ratio of assessment has diminished. Thus, if the ratios of assessment of the five years immediately preceding 1820, be compared with the five years from 1820, inclusive, it will be found that the average of the annual ratios of the former was eight dollars and twenty-five cents on the thousand dollars, and that the average of the annual ratios of the latter was only seven dollars and eighty cents. The ratio of the present year will be seven dollars.
A farther illustration of our general prosperity is deducible from the fact, that, notwithstanding the amount of our taxes has increased, with the increasing wealth and population of the city ; yet the ratio of uncollected taxes has, in every suc- cessive year, since the existence of our city government, been diminishing.
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I have been thus precise and distinct upon this point, beeanse discontent at any existing state of things is most likely to appear in the form of complaints relative to taxes. Now, it is obviously impossible, in the nature of things, that the assessment of taxes, in any great community, should exactly proportion the burden to the ability of each individual to bear it. Some will unavoidably be taxed more and others less than their precise proportion. It cannot, therefore, but happen, even under the best form and ratio of taxation, that there must be some, who can complain with reason, as there will always be many, who will complain without reason. With respect to the community itself, however, as the best criterion it can possibly have of its progressive prosperity is a regular increase of its population, accompanied by a regular increase of its wealth, so when the aggregate of its wealth increases, and at the same time the ratio of its assessments actually diminishes, it has the best evidence, the nature of things admits, that its general expenditures are not greater than the actual state of its condition and progress requires. But in such case, however, as particular ex- penditures may be unwise or extravagant, it is still its duty even under such circumstances, to exact from its agents a rigid accountability.
Touching the expenditures of the past year, it is not known that any of them require a particular explanation on the present occasion. In general, I appre- hend, they have been satisfactory to our fellow-citizens, so far as respeets their objects. And they well understand that it is, probably, in the nature of things, impossible to conduct all the details of public expenditure with that precise economy which an individual applies to his private concerns. I am not, how- ever, aware, that there have been any such, during the past year, which cannot, under the circumstances of each case, be satisfactorily explained by the parti- cular agents.
In connection with this subject, it is impossible for me not to notice the happy effects produced by the establishment of the office of Anditor of Accounts, which, carried into operation by the exemplary industry and ability of that officer, and by the indefatigable fidelity of the Committee of Accounts, has introduced an order, simplicity, and correctness into that department, not only highly credit- able to the city, but also facilitating, in the highest possible degree, partienlar inquiries and general knowledge relative to the state of our financial concerns.
Among the objects to which the attention of the City Council will be drawn the ensuing year, is that of a sufficient and never-failing supply for our city of pure river or pond water, which shall be adequate for all purposes of protection against fire, and for all culinary and other domestic purposes, and capable of being introdueed into every house in the city. I deem it my duty to state un- eynivocally, that this object ought never to be lost sight of by the City Council, until effected upon a seale proportionate to its convenience and our urgent neces- sities. Physicians of the first respectability have urged this topic upon me, in my official capacity, on the ground of health, in addition to all the other obvious comforts and advantages to be anticipated from an adequate supply of such water. " The spring water of Boston, they assert to be generally harsh, owing to its being impregnated with various saline substances ; and that this impregnation impairs its excellence as an article of drink, and essentially diminishes its salu- brity. In the course of their practice, they say they have noticed many diseases to be relieved and cured by an exchange of the common spring water for soft
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water of the aqueduct, or distilled water. Hence, they have been led to the opinion, that many complaints of obsenre origin, owe their existence to the qualities of the common spring water of Boston." . . " The introduction of an ample supply of pure water, would, therefore, they apprehend, contribute much to the health of the place, and prove one of the greatest blessings, which could be bestowed on this city."
I am indneed to bring this subject before the City Council on the present occasion, thus distinctly, from having been informed that citizens among us of the highest respectability, both in point of talents and property, seriously contem- plate an association for the purpose of supplying this city with water, and of making application to the Legislature for an act of incorporation for that object. An attempt, which, if made, I trust will be met by the City Council with the most decided and strenuous opposition ; and with a corresponding spirit and determination to effect this great object, solely on the account and with the resources of the city. On this topic, I deem it my duty to declare explicitly my opinion, that in such a project the city ought to consent to no copartnership.
If there be any privilege, which a city ought to reserve, exclusively, in its own hands and under its own control, it is that of supplying itself with water.
No private capitalists will engage in such an enterprise, without at least a rational expectation of profit. To this, either an exclusive right, or a privilege of the nature of, or equivalent to, an exclusive right is essential. There are 80 many ways, in which water may be desirable, and in such a variety of quan- tities, for use, comfort, and pleasure, that it is impossible to provide, by any prospective provisions, in any charter granted to individuals for all the cases, uses, and quantities, which the ever-increasing wants of the population of a great city in the course of years may require. Besides, it being an article of the first necessity, and on its free use so much of health, as well of comfort, depends, every city should reserve in its own power the means, mrestrained, of encourag- ing its use, by reducing as fast as possible the cost of obtaining it, not only to the poor, but to all classes of the community. This can never be the case, when the right is in the hands of individuals, with any thing like the facility and speed, as when it is under the entire control of the city.
In addition to these considerations, the right to break up the streets which that of supplying the city with water implies, ought never to be intrusted to private hands, who through cupidity, or regard to a false economy, may have an interest not to execute the works upon a sufficiently extensive seale, with permanent materials, thereby increasing the inconvenience and expense which the exercise of the power of breaking up the streets, necessarily induces.
A letter to me from the Superintendent of the Philadelphia Water Works, (Joseph S. Lewis, Esq.,) a gentleman among those chiefly employed in their original construction, dated the 21st of December last, is so full upon this point, that I cannot refrain from quoting a considerable portion of it.
" Your object should be to have enough and to spare, and the calenlation should be formed on one hundred and fifty gallons for each family, which will afford a supply for washing the streets, waste by leakage, &c .; and the expe- rience of this city (Philadelphia) fully justifies in saying, that it is not too much, although in London, a less quantity is made to answer; and owing to rivalships amongst the several companies, the inhabitants have enough for drink, and for
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enlinary and other family purposes. Yet none is to be seen in use in cleaning the gutters, washing the pavements, and various methods of consumption, abso- Intely essential to existence and comfort, in our climate, in three or four hot months of the year. Scarcely a fire happens of any magnitude in London, with- out complaints of a deficiency of water, and I have in my possession a paper, containing an account of a meeting of the Common Council of London, convened for the express purpose of inquiring into the canse, which it does not require much consideration to discover.
" It is from the fatal error of suffering interested individuals to have the supply of an article of the most indispensable nature, and without which health and com- fort cannot be enjoyed. Expense is not to be regarded. If a company can supply your city, they will expect to profit by it ; and this profit might as well be saved by your corporation. On the other hand, if it be a losing business, individuals should not suffer by forwarding a great publie object; and if they do, the citizens will feel it by a pinched and partial supply.
" This city ( Philadelphia) has expended vast sums of money out of its own resources ; and if more were required, more would be cheerfully accorded. There is no one thing, in which all are so much united ; and I firmly believe, that, if a question was submitted to the citizens, to sell to a company who would pay back the whole cost, with interest, that not a tenth of the population would agree to it. The increased security from fire, the abundant supply for washing the streets, the copious streams afforded for baths, for cleanliness, and, in short, many other advantages are such, and so well appreciated, that no money could purchase the surrender of the works.
" The whole cost of the water-works, including the pipes for distribution, previous to the erection of the new water-works, was $1,138,857, without adding interest. Yet, such was the eagerness for a more abundant supply, that a unani- mous sanction was given to the new plan, which has happily succeeded, of raising the water by water power ; the cost of which may be put down, including the river rights, at . $150,000 ยท And in addition to this, iron pipes are substituted for those of wood,
the cost of which, thus far, may be called . 150,000
Amounting, in the whole, to $600,000 " This sum, added to that before mentioned, with the interest paid, will amount to more than two millions of dollars.
". I have said thus much to hold out an inducement to your city to persevere in obtaining a supply, and have held ont our example to show, that cost is not to be regarded by ns in so essential a matter. We have been pioneers for our sister cities, who may. now practically obtain a supply of water, without paying for the cost of our experiments."
Other facts and documents connected with this subject will be hereafter com- mimicated, should the City Council deem it expedient to take it seriously into consideration.
Two occasions have occurred, during the past year, which made it necessary for the Mayor to examine, with great attention, the powers conferred on him by the city charter, in relation to the suppression of riots, and similar unlawful assemblies ; so as to be enabled to justify, before a legal tribunal, the extreme
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resort, which, in such cases, he might possibly think requisite. After consultation with the best legal advisers, it was deemed most safe for the Mayor to act in the capacity of justice of the peace throughout the Commonwealth, which he hap- pened to hold ; inasmuch as the powers of the Mayor, as expressed in the city charter, are of the most general character, and no legislative or judicial construc- tion has ever occurred in relation to them. The duty of the Mayor, as expressed in the city charter, is, to take care that all laws for the government of the city are executed. Riots, ronts, and unlawful assemblies, are cognizable only under the laws of the Commonwealth. By these laws, the course of proceedings, and the persons intrusted with their execution, are expressly pointed out; and among them the Mayor of the city is not included.
In general, it may be observed, that an undefined and exaggerated notion of the powers of the Mayor has led our fellow-citizens to expect a much greater exercise of authority, in many cases, than the terms of the city charter justifies. It is, however, certain, that in respect of riots, the Mayor, by the mere virtue of his office, does not possess even the power of a justice of the peace.
It was solely, therefore, and avowedly, in virtue of a commission of the peace, and not in virtue of his office of Mayor, that the first riotons assembly was met and dispersed by that officer.
Such being the relations of his power, it is obviously, in every ocenring case, his duty to decide upon his responsibility, whether the particular disturbance is of a nature to justify him in compromitting the unquestionable rights and duties of his office, in a case of a doubtful character, by his personal presence ; or whether, in the free exercise of his discretion, he should leave their remedy to the prescribed executive agents of the Commonwealth, who can act without any censure from an apprehended illegal assumption of power.
If a case has occurred, or should hereafter occur, in which any persons should, in defiance of the moral sense and general feeling of the public, adopt any measures, which would naturally and almost unavoidably lead to disorder and disturbances, they could not reasonably invoke the aid of the authorities of the city, so long as the invited evil was confined to themselves only ; but it is a question of very serions moment with the inhabitants of a city so distinguished for its religions and moral character, whether further checks ought not to be provided to prevent that, which has been merely tolerated, from becoming the source of disturbances, of danger and of disgrace to the citizens, and their government.
It is my duty, only, to call your attention to the subject, and I shall cheerfully acquiesce in your decision.
If the Mayor is to be made responsible to act, in all such cases, his powers ought to be accurately defined and his duties prescribed by law. The powers. of the Mayor are sufficient for all municipal purposes ; and it is as much his duty to abstain from assuming to exercise powers not vested in him by his office, as it is to exercise those powers with which he is intrusted.
Gentlemen of the City Council : ---
The harmony which hitherto has, without interruption, been maintained between the departments, members, and branches of our city government, is among the auspicious auguries of the future greatness and happiness of this
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