Municipal history of the town and city of Boston during two centuries : from September 17, 1630, to September 17, 1830, Part 5

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 5


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The report further stated, that the old almshouse included 1


1 This committee were, -Josiah Quincy, Joseph Lovering, James Savage, Henry J. Oliver, Francis Welsh, Joseph May, Thomas Howe, William Thurston, Abram Babcock, Samuel A. Welles, James T. Austin, Benjamin Rich, and Joseph Woodward.


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three distinct establishments, - the almshouse, the workshop, and the bridewell. The first for the poor, who, from sickness, age, or Infirmity, were unable to work at all; the second, for the poor who were able to work, more or less; the third, for persons committed on justices' warrants, for petty offences. That in December, 1800, the building in Leverett Street was erected and Intended for an almshouse; but that "no building had been erected either for a workhouse or bridewell, and that, therefore, from" necessity, the inhabitants of the three establishments were obliged to be all taken into the Almshouse, which had been thus occupied from the year 1800 to the date of that report, without the possibility of classing or separating them.


After receiving this report from the overseers, the committee visited Salem, Marblehead, and Cambridge, and minutely exa- mined their respective alinshouses; and in May, 1821, made a report embracing the same general views and arguments as those contained in the legislative report, and showing the success of similar institutions in other towns of the state, and urged on the inhabitants of Boston the duty of discriminating between the poor, by reason of misfortune, old age, and infaney, and the poor, by reason of vice ; somting the sm++Ality of making such a discrimination in the Boston Almshouse, and, after setting forth the advantages of having attached to the house erected for the poor a tract of land to give them the benefit of air, employ- ment, and exercise, and the town that of their labor, con- closed with recommending the establishment of a house of Industry, with an extent of land not less than fifty acres, that twenty thousand dollars should be appropriated for its com- mencement, and authority given to purchase the land and erect euch buildings na might be necessary.


This report was accepted by the inhabitants, the appropriation voted, and a committee appointed to carry it into effect.1


At the time this report was presented, the committee had selected as the most eligible locality for the proposed institution, that beautiful hill and site, commanding a view of Boston and its whole harbor, where the House of Industry, of Correction,


1 This committee was composed of the same individuals as the former, except that David W. Child, John Bellows, John French, and' George Darracott were substituted for Messrs. Austin, Lovering, May, and Woodward, who declined longer service upon it.


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and of Juvenile Offenders are now (1851) erected, being at that time an open country, with comparatively no inhabitants in its vicinity. The tract of land, including upwards of sixty acres, with an immense extent of flats annexed to them, was then the property of Samuel Brown, a merchant, distinguished on the Boston Exchange for his integrity and capacity ; and it is due to the memory of this noble spirited individual, that a fact relative to this purchase should be here recorded.


As soon as the committee had agreed on the eligibility of this estate for the location of the House of Industry, the chairman waited on Mr. Brown, and fully explained their plans, and that if authorized by the town, they wished to purchase it for that purpose, if it could be obtained for a fair price. Mr. Brown replied, that he highly approved the object, thought the situation an eligible one, and that he had valued the land at one hundred dollars an acre, at which price the committee should have it, provided an authority should be obtained to purchase, and a selection made of it by the committee within three weeks. On being asked to make that promise in writing, he declined ; say- ing only, " on the terms above expressed, you shall have the whole tract, being six three est acres for six thou- sand three hundred dollars."


A vote of the town was accordingly obtained, and the com- mittee authorized the chairman, within the three weeks, to close the bargain with Mr. Brown on the terms specified. On stating the facts to that gentleman, he replied, -" Mr. Quincy, you know the agreement was verbal, and not binding in law ; and since our interview I have been offered five hundred dollars an acre for my land, making a difference to me over your offer of upwards of twenty-five thousand dollars. However, sir, I like the object. I think the land uncommonly well adapted to it. You have my word, and I am not disposed to fall back from it. You shall have my deed." This was accordingly prepared imme- diately and executed. The value of the lands in that vicinity immediately rose to one thousand dollars an acre, and at no subsequent period could they have been purchased for less.


Samuel Brown had been the architect of his own fortunes, was active, judicious, and punctual, as a man of business; of a high sense of honor, distinguished for his readiness to assist his friends with his advice and his fortune ; public spirited, without ostenta-


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tion or any selfish views in exhibiting it. Respect for his me- mory should ever be cherished by the citizens of Boston.


The estate thus obtained, was laid out by the committee, the House of Industry erected upon it, and on the twenty-second of October, they presented a detailed report, stating the peculiar adaptation of the situation to the wants of the contemplated institution to be altogether unequalled; the soil being excellent and various ; the distance from the centre of the town, only two and a half miles by land and one and a half by water, with a certainty that the facility of communication must daily increase, and the natural growth of the town soon intimately connect the site with the ancient parts of it; that the building erected was two hundred and twenty feet in length, forty-three feet broad, twenty-nine feet high ; that strength, durability, and adaptation to the wants of the inmates had been consulted without special regard to the gratification of taste or architectural effect.


The committee received the thanks of the town, and an addi- tional appropriation of six thousand dollars was voted for the object.


On the twenty-eighth of March, 1822, the committee made their last report to the town. The inhabitants had, prior to this meeting, accepted the charter for a city, which the legislature had granted, and which was to be organized on the May ensu- ing. In this report the committee represent the progress of the work; recall the attention of the inhabitants to the original design of the institution; moral effect; separation of the idle and vicious poor from those of an opposite character, secluding them from any occasional intercourse with the populous parts of the town and their old haunts, affording to them moral and religious instruction ; relieving the town from open drunken- ness and street beggary, and the petty pilfering carried on by children of the idle and vicious poor, on the wharves, in the streets and the market-places, and thereby, if possible, diminish also the expenses of the town. The inhabitants accepted the report .; placed the additional appropriation asked for at the disposal of the committee; authorized them to provide for the care of the house and land, to prepare a system for the general conduct and management of the institution, and to lay the same before the city authorities, who were requested to take the subject into their early consideration, and to carry the same into


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effective operation ; the overseers being also requested to deliver over any of the able-bodied poor, on the application of the com- mittee, to be employed at the House of Industry.


This was the last meeting, and one of the last acts, of the " town of Boston ;" and in this position the subject of the House of Industry stood at the organization of the city goverment in May, 1822.


After the peace of 1783, the increase of the population of the town of Boston was slow and gradual, amounting in 1790 to about eighteen thousand; in 1800, to twenty-five thousand; in 1810, to thirty-three thousand; and in 1820, to forty-three thou- sand, which may be regarded, with sufficient accuracy, the num- ber of inhabitants at the period of the change of Boston from a town to a city. During the latter years of the town government, the data for its financial history are very complete and satisfac- tory, and evidence the wisdom and fidelity with which its affairs had been conducted. The only debt transferred from the town to the city government but little exceeded seventy-one thousand dollars, which was wholly incurred by the cost of two prisons, then in the course of erection, and a new court house. If little had been done by the town goverment for the widening of streets and increasing the general comfort of the inhabitants, expenditures had been kept within its incomes, and the resources of the town were unembarrassed and unimpaired.


The property delivered over by the town to the city was large and valuable, but unproductive, consisting chiefly of lands on the Neck or the islands, and the market under Faneuil Hall. The entire annual income of this property did not exceed eigh- teen thousand dollars.


The measures taken to obtain from the legislature of Massa- chusetts a charter of incorporation were successful; and, on the twenty-third of February, 1822, an act passed that body, en- titled "An Act Establishing the City of Boston," commonly called " 'The City Charter."


In conformity with its provisions, the inhabitants assembled in general meeting on the fourth of March ensuing, and accepted the act by vote, taken by ballot, by a majority of nine hundred and sixteen. The whole number being four thousand six him- dred and seventy-eight, of which two thousand seven hundred and ninety-seven voted in the affirmative, and one thousand eight hundred and eighty-one in the negative.


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On the eighth of April ensuing, a meeting of the citizens was held for the election of city officers. The whole number of votes for mayor was three thousand seven hundred and eight. They were chiefly divided between Harrison Gray Otis, and Josiah Quincy ; but neither having a majority, no choice was effected.


Immediately on this result, Mr. Otis and Mr. Quincy each declined being a candidate for the office. On the sixteenth of April, John Phillips was elected mayor with great unanimity.1


1 The following brief outline of the principal features of this charter will enable those who have not the means of being familiar with its details, to com- pare its general provisions with the former unsuccessful attempts to obtain an act of incorporation for the city : --


1. The title of the corporation to be, " The City of Boston."


2. The control of all its concerns are vested in a mayor; a board of alder- men, consisting of eight; and a common council, of forty-eight inhabitants; to be called, when conjoined, " The City Council."


3. The city to be divided into twelve wards. The mayor and aldermen, and the common conneil, to be chosen annually by ballot, by and from inhabitants; four of the common council from and by those of each of the wards.


4. The city clerk to be chosen by the city council.


5. The mayor to receive a salary. His duty -- to be vigilant and active in caus- ing the laws to be executed; to inspect the conduct of all subordinate officers; to canse carelessness, negligence, and positive violation of the laws, to be prose- euted and punished ; to summon meetings of either and both boards; to com- municate and recommend measures for the improvement of the finances, the police, health, security, cleanliness, comfort, and ornament of the city.


6. The mayor and aldermen are vested with the administration of the police, and executive power of the corporation generally, with specific emnerated powers.


7. All other powers belonging to the corporation are vested in the mayor, aldermen, and common council, to be exercised by concurrent vote.


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CHAPTER IV. CITY GOVERNMENT. 1822-1823.


JOHN PHILLIPS, Mayor.1


Inauguration - Address of the Selectmen, on surrendering the Government and Muniments of the Town of Boston -Reply of the Mayor -- Measures adopted to carry into effect the City Charter- Donation of Mr. Sears - Proceedings relative to the House of Industry - Result of the First Year's Administration of the City Government - Tribute to Mr. Phillips.


THE city government was organized, for the first time, on Wednesday, the first of May, 1822, with a solemnity adapted to the general interest excited by the occasion, and the great advantages anticipated from the new powers conferred by the city charter.


A platform was raised at the west end of Faneuil Hall, with seats for the mayor, aldermen, and city council ; the selectmen of the past year, with other town authorities, and the chief offi- cers of the Commonwealth. The floor of the house and the galleries were filled with a crowded assembly. The city charter, inclosed in a silver case, was laid upon a table in front of the city council. After prayer, offered by the Rev. Thomas Bald- win, D.D., the oldest settled clergyman in Boston, the oaths of allegiance and of office were administered .to John Phillips, the mayor elect, by Isaac Parker, Chief Justice of the Common- wealth; and afterwards, by the mayor, to the aldermen and common council.


'The chairman of the last board of selectmen2 then rose and addressed the convention, stating the grant of a city charter by the legislature of the State to the inhabitants of Boston; their


1 The whole number of votes cast at this election for city officers were 2650; of which Mr. Phillips had 2500. The aldermen elected were : -


Samuel Billings, Ephraim Eliot, Jacob Hall,


Joseph Jenkins, Joseph Lovering,


Nathaniel P. Russell,


Joseph Head,


Bryant P. Tilden.


2 Eliphalet Williams.


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acceptance of it; their election of the members of the respective executive and legislative boards; the presence of these boards, and their complete organization, according to the provisions of the city charter. In obedience, therefore, to the law, and in con- formity with the will of the inhabitants of Boston, and in behalf of the selectmen of the ancient town, he delivered into the charge of the new authorities the town records and title deeds, and the uct establishing the city of Boston. He then concluded with congratulating his fellow-citizens on the organization of their municipal affairs under a city charter, and on the wisdom with which they had selected those who were destined to give the first impulse and direction to the operations of the new government.


The Mayor, in reply, paid a just tribute to the wisdom of our ancestors, as displayed in the institutions for the goverment of the town of Boston, under which, for nearly two centuries, so great a degree of prosperity had been attained, and during which the great increase of the population of the place had alone made this change in the administration of its affairs essential. He then responded to the congratulations and civilities of the Chair- man; acknowledged the obligations of the city government for the care the selectmen had taken in providing for the accommo- dation of their successors; and bore testimony to the full evi- dence, exhibited by the records, of the ability, diligence, and integrity of those who had been successively, and justly, denomi- nated " The Fathers of the Town."


"The Mayor then proceeded to remark, in respect of those " who encouraged hopes, which could never be realized, and of those who indulged unreasonable apprehensions, in regard to the city charter, that they would derive benefit from reflecting, how much social happiness depended on other causes than the provi- sions of a charter. Purity of manners; general diffusion of knowledge; strict attention to the education of the young; and, above all, a firm, practical belief in Divine revelation and its sanctions, will counteract the evils of any form of government; and, while love of order, benevolent dispositions, and Christian piety, distinguish, as they have done, the inhabitants of Boston, they may enjoy the highest blessings under a charter with so few imperfections as that which the wisdom of the legislature had sanctioned." 1


1 See Appendix A.


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After retiring from Faneuil Hall, the members of the respect- ive boards met in separate rooms, and the common council, hav- ing chosen their president1 and clerk,2 both boards assembled in convention and elected a city clerk.3 They then, respectively, in their separate chambers, proceeded to the consideration of business requiring immediate attention ; established rules and orders regu- lating the intercourse between the two boards ; passed orders con- tinning in force the by-laws of the late town; establishing rules and regulations for the preservation of public health, and for the appointment of temporary health commissioners. And in due course of the ensuing and succeeding months, all the various .measures, for the choice of city officers, and for the efficient organization of the different departments incident to city police, and required by law, were taken; and, as far as practicable, the customs and forms to which the citizens had been familiarized under the government of the town, were adopted. Three sur- veyors of highways were appointed, and also a committee of the board of aldermen for their advisement. The city engines were intrusted to the firewards. Salaries for the respective city officers voted. A board, consisting of a joint committee of the two boards, denominated "Auditors of City Accounts," was constituted, whose prescribed duty it was to andit them, to report cases of diffienlty, with their opinion, to the city council, monthly. The amount of each account, when sanctioned by them, was drawn for, on the city treasurer, by the city clerk.


A city seal was adopted, its impression exhibiting a general view of the city of Boston, with the respective dates of the foundation of the city and of the grant of its charter, bearing the inotto, " Sicut Patribus sit Deus nobis." In December of this year a vote passed both boards, authorizing an application to the legislature for investing the mayor and aldermen with the power of surveyors of highways. No further steps were taken, how- ever, to effect this change in the provisions of the city charter.


Early in 1823, a collision of opinion occurred between the mayor and aldermen and the common council, concerning the interest of the city, which brought before those authorities, for distinct consideration, the question, whether the mayor and alder- men had the power to receive a gift, upon condition, for the


1 William Prescott.


2 Thomas Clarke.


3 Samuel F. MeCleary.


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benefit of the city, without the concurrence of the commnon council. David Sears, a citizen distinguished for wealth, libe- rality, and public spirit, had transferred rights, consisting of six hundred shares in certain lands and buildings, near the public market of the city, called " Museum Hall," of the estimated value of sixty thousand dollars, to the mayor and aldermen of the city, on condition that the whole property should be vested and managed by them at their discretion; and one half of the income, forever, paid over to Mr. Sears or his heirs, and the other half be applied to improving or ornamenting the lands of the city, lighting the streets, and other specified objects. This dona- tion was received unanimously by the mayor and aldermen. And, so much pleased were they with the gift, that, at their sug- gestion, Mr. Sears, at some labor and expense, possessed himself of the whole remaining rights in those lands and buildings, con- sisting of two hundred additional shares, of the estimated value of sixteen hundred dollars, and transferred them to the same board, on like conditions. The arrangement had proceeded thus far before it was communicated to the common council; and, when apprized of this transaction, that board took it into very serious consideration by a committee, and finally voted mani- iously that it was not for the interest of the city to accept the donation. Whatever other motives may have mingled in pro- ducing the rejection of this gift, the principal reason stated was, that it would interfere with the profitable employment of the property which the city then held, and thus prove ultimately injurious to it.


The consequent embarrassment of the mayor and aldermen was of course excessive ; which was increased by the declaration of the committee of the common council to the donor, that, although it might be a complete contract between him and the present mayor and aldermen, as individuals, it would not bind their successors, as the transaction had not the concurrence of the common council.


From the dilemma in which the mayor and aldermen were thus involved they were immediately relieved, in a highly honorable manner, by Mr. Sears; who, in writing, requested them to reinvest him with the property, preferring to bear the great loss to which he was thus subjected, rather than be the occasion of any embarrassment to that body, or any cause of


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controversy between the two boards. The reinvestment was accordingly made; and a vote passed by the mayor and alder- men, expressing their respectful sense of Mr. Sears's intentions and views, and their high approbation of his delicacy, in reliev- ing the city government from the embarrassment in which it had been involved, by the different views taken by the common council and the board of aldermen of this donation.


During the first year of the city, its financial concerns were managed on a scale not materially varying, either in spirit or amount, from that of the town goverment. The committee on that subject expressed "their unqualified approbation of the manner in which the affairs of Boston have hitherto been con- ducted, throughout all the departments ;" and their "hope, that changes, not absolutely necessary, will be made with caution and distrust, and with much consideration." These views had been carried into effect by the first administration, and this hope realized. No new debt had been created during the year. The expenses, both of the county and city, had been kept within their incomes; and the second administration received from the first all the property it had received from the town, unembarrassed and unimpaired.


Under the town government, the financial year had com- meneed on the first day of May. This year, its commencement was changed to the first day of June. The change was not found convenient; and in the year 1526, the first of May was again constituted its commencement.


In July, 1822, the sole existing debt of the city to be provided for, was stated to be $ 100,000.


The current expenses were estimated to amount,


in round numbers, to $ 249,000


And were provided for by loan of $ 28,000


By specified ways and means 81,000


And by a city tax


110,000


$ 219,000


The course pursued by the city government, in relation to the House of Industry, forms an important feature of its proceedings during this period. The first city council of Boston were organized on the first of May, 1822. On the third of that month, the committee on the House of Industry made a communication to the city council, recapitulating the authority given to them by


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the town, to prepare a system for the general conduct, manage- ment, and discipline of the institution ; and informing that body that, by the laws of the Commonwealth, the power to devise much a system was specially invested in the Board of Overseers of the Poor, a fact which was not considered by the town when that vote was passed. The Committee, therefore, stated, that. they had omitted the execution of that authority until they apprized the city government of that fact, and received their instructions. They also stated, that the House of Industry was far advanced towards its completion, and would be in a condi- tion to receive tenants in five or six weeks; and suggested the expedieney of an application to the legislature of the Common- wealth, or a reference of the subject to the Overseers of the Poor.


Several considerations induced the Committee to adopt this course. In the first place, doubts began to be entertained, whe- ther the House of Industry would ever be put into operation. The Overseers made no concealment of their hostility to the plan of removing the poor to South Boston. . It was. known that there was a powerful influence at work in that body in favor of selling the House of Industry, and enlarging the ac- commodations in Leverett Street. It therefore could not be ex- pected the Committee should assume the labor and responsibility of preparing the details of a system for an establishment which might never be carried into effect; and, if it were, might be placed in hands hostile or indifferent to the principle on which they might recommend it should be conducted. They were also apprehensive that, if they assumed, even under the vote of the town, the authority which the laws of the Commonwealth in- vested in the Overseers of the Poor, it might create an increased repugnance in them to the institution at South Boston.




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