USA > Massachusetts > Suffolk County > Boston > The Boston news-letter, and city record > Part 15
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87
AND CITY RECORD, FEB. 11, 1826.
the title of Moral Lectures, was there- fore adopted in the fall of that year. 'Slhe place of performance was the New Exhibition Room, in Hawley Street. A majority of the town had favoured the petition for a repeal of the prohibitory laws, 'as unconstitu tional, inexpedient and absurd,' and the patronage of the Exhibition Room was so liberal. that the plan of erect- ing a commodious brick building, pur- posely for a theatre, was easily carri- ed into execution."
The Federal Street house rose from these beginnings, and was opened for the reception of the public on the even- ing of Feb. 3d, 1797, with the play of Gustavus Vasa Erickson. Mr. Charles Powell was the first manager.
Thus, after much tribulation, the regular theatre took its rise, and now merely maintains a kind of vegetable being, though a few slight modifica- tions would give a spin to internal machinery and give an entirely new aspect to its crest-fallen character.
Public opinion is always directed to some object, and this public sentiment is forever plotting the downfall of one thing, or giving birth to another. In relation to our theatre, the place where strangers will go, in spite of law, it has long been an interesting topic, when- ever and wherever brought up, to find fault with the establishment. Now there is not the least allowance made for the trammels imposed by the civil authorities ; only traduce the theatre, 'ridicule both actors and performers, and this is doing a popular thing.
In the nature of things, a Theatre will have an existence in Boston, but we admit that it will be an inferior place of amusement, so long as the very men who are the devoted slaves of theatricals, encompass it with an iron wall. The managers are undoubted- ly too close for their own profit, and much too careful to avoid engaging popular companies, more capable of ensuring the public support. There has been too great rigor on the part of the city government, and it is believed too much genuine covetousness in the managers, to gain the interest and gene-
ral patronage of the inhabitants. New modelling is obviously necessary in the green room, and city hand-cuffs must be abolished in toto, ere the theatre can be elevated to a rank that will en- title it to the encouragement and pro- tection of the community.
For the News-Letter.
NORTE BOSTON.
Mr. Editor,
SOME remarks which appeared in one of your late numbers, on the "North End," induced me to cast my eyes around that section of the city, " from Union street to the old ferry," and I cannot refrain from say- ing that I was happily disappointed, in not discovering so many evidences of meanness as I was led to anticipate from the remarks referred to. I find, indeed, that the principal part of the sea border was early occupied by set- tlers, but there is probably one build- ing only now standing which was in existence prior to the great fire of 1676. That is the house in Moon street, on the east side, about midway from Sun court to Fleet street. It is a well built wooden house, of three stories, of which the two upper pro- ject, in the fashion of those times, almost a foot and a half in front of the lower. It has been the residence of the Mathers in their day, and is the property of their descendants at the present time.
So far as I can discover, the next oldest building is that at the corner of Ann Street and Market Square, of which there is some account in the History of Boston, p. 156. It was built in 1680, and though it bears the mark of its age on its front, I cannot think that there is any appearance of meanness attached to its form or its ornaments. Should it stand a centu- ry longer, it would in all likelihood remain as firm as it is now, a monu- ment of the fidelity with which our forefathers constructed their tene- ments for business and for habitation.
[We insert our view of this building .- Ed.]
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88
THE BOSTON NEWS-LETTER,
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Opposite the Golden Key we find | one or two more of the old-fashioned structures with projecting upper sto- ries. One of these was latterly occu- pied by Mr. William Homes, proverb- ially "the honest silver-smith :" it was once the resort of Franklin, who was a relative of the family ; and if the exteroir should continue to appear less inviting than that of some build- ings in the vicinity, the owner, the oc- cupant, and the observer may improve the consideration, by reflecting that no one of them ever gave shelter to a greater man than the latter, or a bet- ter than the former.
Between the Draw-bridge and the North Square, we find, I think, but one of these ancient houses.and that stands on a corner of Ann and Richmond Streets. Ann Street, between those points, has been mostly destroyed by fire within sixty years, and the build- ings now partake somewhat of the modern character. Half of them at least are of brick or else ten foot tem- porary buildings, occupied as shops. The street moreover within this dis- tance has been suitably widencd, and very rarely is found in worse plight than streets commonly are in other parts of the city. What there is an-
cient in this section of the north end is tenantable, and, generally speaking, respectably, if not richly tenanted. The shops, particularly, are good stands, and it would not be difficult to name many that now figure with some note in other quarters, who com- menced business and laid the founda- tions of their fortunes here.
Going north, we find four or five modern brick houses erected since the fire, at the foot of North Square, in 1807, and then come to the only neighbourhood where a sufficient num- ber of ancient houses are clustered to- gether to remind any one forcibly of the days of antiquity : this vicinity is also honorable, for it may be truly said again,
" An honest silversmith lives here."
These old buildings, which are wood- en, extend a little below Sun Court Street, till we come to Lewis's build- ings, so called, which is a large four- story brick block, in front of the hotel, which was formerly the mansion house of the late Col. John May.
At the period when the last men- tioned house was erected, the north end was a fashionable part of the town, and the site on which it stands was
88
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AND CITY RECORD, FEB. 11, 1826.
elevated, and then afforded a com- manding prospect. Its exterior now shows that it was a substantial and elegant mansion, and it is said to have been finished in a superior style, to ri- val the mansion of the Clark family in Garden Court Street. The latter is also still remaining, and the good taste of the owner has preserved its exqui- site beauties from the hatchet and brush of modern improvements. The author of Lionel Lincoln has made it the scene of an interesting incident, and although he too has done the north end so much wrong as to re- move the house into 'Tremont street. I will not wrong him so much as to pretend to give a better description of it, though one more minute might not be less entertaining. We therefore present the reader with the following extract from that work, on which we may hereafter make some remarks.
" The young officer advanced to the entrance which led into the court- yard of Mrs. Lechmere's dwelling. The house was of bricks, and of an exterior altogether more pretending than most of those in the lower parts of the town. It was heavily orna- mented, in wood, according to the taste of a somewhat earlier day, and presented a front of seven windows in its two upper stories, those at the ex- tremes being much narrower than the others. The lower floor had the same arrangement, with the exception of the principal door.
"The rap of the gentleman was an- swered instantly by an old black, dressed in a becoming, and what, for the colonies, was a rich livery. The inquiry for Mrs. Lechmere was suc- cessful, and the youth conducted through a hall of some dimensions, into an apartment which opened from one of its sides. This room would be con- sidered, at the present day, as much too small to contain the fashion of a country town ; but what importance it wanted in size, was amply compen- sated for in the richness and labour of its decorations. The walls were di- vided into compartments, by raised panel-work, beautifully painted with
imaginary landscapes and ruins. The glittering, varnished surfaces of these pictures were burthened with armori- al bearings, which were intended to illustrate the alliances of the family. Beneath the surbase were smaller di- visions of panels, painted with various architectural devices ; and above it rose, between the compartments, flu- ted pilasters of wood, with gilded cap- itals. A heavy wooden, and highly ornamented cornice, stretched above the whole, furnishing an appropriate outline to the walls. The use of car- pets was, at that time, but little known in the colonies, though the wealth and station of Mrs. Lechmere would prob- ably have introduced the luxury, had not her age, and the nature of the building, tempted her to adhere to an- cient custom. The floor, which shone equally with the furniture, was tessel- lated with small alternate squares of red-cedar and pine, and in the centre were the 'saliant Lions ' of Lechmere, attempted by the blazonry of the join- er. On either side of the ponderous and laboured mantel, were arched compartments, of plainer work, de- noting use, the sliding panels of one of which, being raised, displayed a beau- fet, groaning with massive plate. The furniture was old, rich, and heavy, but in perfect preservation. In the midst of this scene of colonial splendour, which was rendered as impressive as possible by the presence of numerous waxen lights, a lady, far in the decline of life, sat, in formal propriety, on a small settee." B.
BOSTON SAVINGS BANK.
At the semi-annual meeting of the Provident Institution for Savings, held the 17th ult. Hon. William Phillips in the Chair, the Treasurer's report was made, having been previously examin- ed with the vouchers by the Board of Investment and found accurate. The following is an abstract :-
" The amount of receipts since the last report is $107,801, and of pay- ments $81,025 91. In the same pe- riod 2267 deposites have been receiv- ed, and 678 new accounts been open-
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THE BOSTON NEWS-LETTER, .
ed, and 457 old accounts closed. Our accumulating fund, or reserved profits, was, last July, $17,478 33, and now is $21,517 58, so that it has increased $4,039 25."
"ACCOUNT CURRENT.
JAMES SAVAGE, Esq. Treasurer, in account with the Institution.
Dr .-
To amount received from 5415 deposi- tors, with the amount of dividends de- clared due and carried to their several accounts, $715,673 40
To balance of suspense account, 506 63
To eighteenth dividend to be declared due on the 18th day of January, A. D. 1826, 12,527 42
To balance profit and loss account, being interest on loans made by said Institu- tion, 11,810 48
To interest due, but not yet received, 62 50
To interest accrued but not yet due on stocks and notes, to the 18th day of January, 1826, 9,644 60
$750,225 03
Cr .-
By amount of U. S. 5 per cent. Stock, 65,000, cost, 66,182 50
Do. do. U.S. 6 per ct. Stock, 42,923 89, cost, 42,956 88 Do. do. U. S. 3 per ct. Stock, 22,901 85, cost, 17,508 34
Do. do. City of Boston Stock and Notes, 118,025 00
Do. do. loaned County of Norfolk, 8,800 00
Do. do. Bank notes bearing interest, 106,600 00
Do. do. Union Bank Stock, 63 shares, 6,500, cost, 6,520 33
Do. do. State do. do. 257 do. 15,420, do. 16,448 58
Do. de. Suffolk do. do. 78 do. 7,800, do. 8,016 57
Do. do Eagle do. do. 166 do. 16,600, do. 17,187 25
1
Do. do. Columbian do. do. 118 do. 11,800, do. 12,370 88
Do. do. Manufacturers and Mechanics do. do. 271 do. 13,550, do. 14,442 99
Do. do. New England do. do. 80 do. 8000. do. 8,905 48
Do. do. Washington do. do. 25,000 00
Do. do. Notes received for moneys loaned with stock pledged for security at 90 cents per dollar, 259,557 66 11,985 27
Balance in Uuion Bank,
By balance when received to be carried to the credit of profit and loss, the bal- ance of which accouut, with this addi- tion, is the accumulated fond, 9,707 10
$750,225 03 Boston, January 16, 1826."
Reported for the Boston News-Letter. SUPREME JUDICIAL COURT. Feb. 1, 1326.
LEONARD FOSTER US. THE CITY OF BOSTON.
This was a claim for damages for the taking of the Petitioner's land for the New Market, under a special Act of the Legislature.
The Act authorized the Mayor and Aldermen to lay out and widen the Fan- euil Hall Market to the extent of 180 feet wide, in such direction as the City Council should prescribe within cer- tain limits, viz. Ann St. on the North, the lane leading to Green's Wharf on the South, Faneuil Hall on the West, and the Harbour on the East, whenev- er the City Council should declare that the public exigencies required such extension .- Before any person's land was taken under the Act, he was to be invited to a reference of claims for damages ; but if he did not agree to the reference, he might petition the Supreme Court to appoint five Com- missioners who were to award dama- ges, and if dissatisfied with their award he was entitled to the verdict of a special jury of disinterested persons.
The Petitioner's land having been taken, and he not having agreed to a reference, and being dissatisfied with the award of the Commissioners, a special Jury was summoned from Chel- sea to try the question.
The Petitioner's Counsel stated, and offered to prove, that his land was not taken in fact for the purpose of a Mar- ket ; that the City, before the land was taken, owned land more than 180 feet wide north of his land, and within the prescribed limits ; but they had appropriated part of this to the storc lots on North Market St. ; that, ac- cording to plans exhibited at the sale of these lots, the City had laid out South Market St. 60 feet wide, which divided the Petitioner's land, so that the South part of it would have front- ed upon this Street, and would have been of great value for store lots ; that the City offered to buy the whole, but the Petitioner did not agree to their terms ; that they then threatened to cover his land with streets if he did
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AND CITY RECORD, FEB. 11, 1826.
not sell, and accordingly laid out South Market St. 102 feet wide, instead of 60, so as to take in the whole of his land, and bring other land of their own to front upon the Street ; and that this land was sold for the store lots on South Market St. at a great profit ; that the City Council, soon after the passing of the Act, declared that the public exigencies required that the Market should be extended, but did not specify the direction until five months after ; that in the mean time they had bought up all the land adjacent to the Petitioner's, and being unable to buy his, had finally laid out the direction in the manner before mentioned, locating the North line of the Market fourteen feet only North of the New Market House, and its South line 180 feet south of the north line, so as to take in the whole of the Petitioner's land ; that the City had thus been enabled to realize a great profit at the Petitioner's expense ; and that they had in fact converted the Act into a means of speculation. The Petitioner's Counsel moved the Court to order the production of the City Records, the Records of the Commit- tee of the City Council charged with the extension of the Market, the two plans exhibited at the sale of the North Market St. lots, and all the correspon- dence with the Petitioner relative to his land, in order to prove the above facts.
His Honor the Chief Justice decid- ed, that the Petitioner could not be allowed in a mere claim for damages under the Act to deny the constitution- ality of the Act, or the legality of the proceedings under it on the part of the City ; that the proper remedy for the Petitioner would have been to have brought an ejectment for the land, if it was not lawfully taken ; that the documents called for could not be used therefore for the purpose stated by counsel, and the City could not be compelled to produce any of them ex- cept for other purposes.
The City Records were produced, however, in order to show that the land was taken by the authorities of
the City. But the plans, and Commit- tee Book, were held not to be admis- sible in evidence ; and the corres- pondence was stated to have been burnt.
It was then proved on the part of the Petitioner that he owned -25 of Spear's Wharf, as it was called, and that his proportion of the Wharf and Flats together amounted to about 4000 square feet. That the whole of it was included in the 102 foot street, and that it was taken by vote of the City Council on the 22d of July 1824; that estates immediately adjoining had been purchased by the City in the months of June and July at the rate of from 10 to 15 dollars a foot; and that the store lots laid out by the city on the new street had been sold in April. 1825, at the rate of from 10 to 20 dollars a foot and upwards. It was contended that the land must be esti- mated according to its value on the day of the taking, with interest from that time ; that as it was taken against the owner's will, he was entitled to the highest market price for it ; and that this must be inferred from the prices paid for the adjoining estates.
On the part of the City it was prov- ed, that, before the project of a New Market, the Spear estate was not worth more than a dollar a foot ; that the greater part of it was mere flats, over which the sea flowed ; that the build- ings upon it were much less valuable than those of the adjoining estates ; that its whole income was only 1800 dollars a year ; and that two of the part-owners of the estate sold their shares to the City early in June 1824, at the rate of about $1,30 per foot :- and they stated that they considered this a handsome price for it. But it did not appear that they knew at the time of their bargain with the City, what prices had been paid for adjoin- ing estates. It was contended, how- ever, by the Counsel for the City, that the income of the estate and the price accepted by these owners, fixed the value of the estate at that time, and that the Petitioner was not enti- tled to the benefit of any increased
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92
THE BOSTON NEWS-LETTER,
value given to it by the City improve- ments.
The Judge charged the Jury that the Petitioner was entitled to the bal- ance of the land at the time of the tak- ing, although it might have been in- creased in consequence of the project- ed improvements ; but that he was not entitled to any farther increase of its value received from the subsequent execution of the project. Ile was also to be allowed interest from the day of the taking.
The Jury were out about two hours and returned a verdict of $8111 79 damages to the Petitioner ; being about $3000 more than was awarded to him by the Commissioners. Some- thing was said on both sides about re- serving questions of law for the consid- cration of the whole Court ;- but we understand both parties have finally consented to abide by the verdict.
Counsel for the City, Messrs. Lem- vel Shaw and C. P. Curtis ;- for the Petitioner, Messrs. II. G. Otis, Jr. and W. H. Gardiner.
TRIAL ON IMPEACHMENT.
Arrangements having previously been made, the Senate, as a Court of Impeachment, proceeded on Tues- day the 31st January, to the trial of SAMUEL BLAGGE, Esquire, Justice of Peace and Notary Public, on thir- ty articles of impeachment preferred against him by the House of Repre- sentatives, the articles being founded on seven alleged offences, viz. that he in his capacity of Notary filled up five protections for persons whom he knew not, certifying in his capacity of Justice that the persons named therein personally appeared before him when they did not so appear ; and that he attested two protection certificates, certifying as before that the persons named therein personally appeared before him and made oath to the facts set forth in said certifi- cates, when said persons never did ap- pear before him. The names of the persons specified in the protections and certificates were Anthony Bat- tey, Elisha Jones, Simon T. Wood,
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