USA > Massachusetts > Worcester County > Worcester > Town annual reports of the several departments for the fiscal year ending December 31, 1848/49-1855 > Part 11
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In connection with the subject of the fire department, I take the liberty to call your attention to the subject of the further extension of the aqueduct. That the intro- duction of water into the city, and the erection and estab- lishment of hydrants in different parts of the city, added vastly to the efficiency of the fire department, no one can doubt. And I have no hesitation in saying that, in my opinion, the public good demands an extension of it to
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other parts of the city, and I recommend that the work be prosecuted, to a moderate extent, the present year.
The paving of portions of Main and Front streets, will demand your attention. Measures preparatory to the pros- ecution of the work have been adopted by the late city government, and I cannot doubt that the interests of the public require the prosecution of the work the present season.
By the existing provisions of law, cities, as well as towns, are made liable in damages for injuries sustained by individuals, in their persons or property, passing upon or along private streets or ways opened and dedicated to the use of the public, but not yet become public highways, leading out of, or uniting with, public streets or highways, for any defects that may exist in such streets or ways, un- less the entrances to the same are closed up, or reasonable and sufficient notice given that such streets or ways are dangerous.
The great number of these streets and ways now opened for public use throughout the city, and the de- fective, unsafe, and dangerous condition of many of them, and the liability of the city for defects therein, are consid- erations calculated to awaken solicitude, and to prompt enquiry touching the matter of the repair and amendment of these ways.
By a recent act, that of 1850, entitled "An act con- cerning streets and ways in the City of Worcester," the city is empowered to enforce the grading of such streets or ways, by the abuttors, and it will be a subject well worthy the most considerate attention of the proper de- partment of the city government, to consider and determine whether the best interests of the city do not demand that
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this power should be exercised, particularly in regard to many of those streets in the thickly settled parts of the city.
I cannot but express a hope that in regard to one of this class of streets,-I mean Walnut street,-which is still a private street, and now unsightly, wholly out of re- pair, and dangerous, and in which the city is particularly interested-the High School being situated on this street -that some arrangements will be made, and some meas- ures adopted, the current year, either under the provisions of this Statute of 1850 as to private streets, or otherwise, to put the same into a more safe, convenient, and proper condition than it is at present. The safety and con- venience of the public, it seems to me, demand that this should be done.
The city has now, by a recent act of the Legislature, acquired the power to enforce the construction of side- walks,-the city first setting the curb stones, and paving the gutters. It seems to me that the importance of this matter of side-walks for the accommodation of foot passen- gers is much overlooked. While we are careful to fur- nish a hard and well-graded road bed for the accommoda- tion of teams and carriages, we should not forget that the travel on foot in a city, when compared in miles or distance with that by teams and carriages, is very much the greater, and that, while the latter is furnished with all the accommodations it can desire, the former should not be left to pursue its way in the mud and water of the way side, either without any side-walks at all, or with side- walks ill-constructed, sunken, of bad materials, and wholly unfit for use at seasons when they are most wanted.
There has been expended during the past year, as has
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been above stated, in the ordinary repairs of highways and bridges, about $8,000,-and of this sum about $3,100 has been expended in the outer districts of the city. .
Complaint has been made in years past, and not per- haps wholly without cause, that the roads and highways in the outer districts were not sufficiently cared for ; but I am happy to say that the policy adopted and pursued the past year has served to remove all just ground for com- plaint, and I cannot but express the hope that an equally liberal policy towards these districts is to be pursued in re- gard to this subject for the future, though it is hardly to be supposed that so large a proportion-more than one- third part of the whole sum expended-will be required to be expended for the current year, upon the highways in those sections of the city. And, in this connexion, allow me to say that I think, in order to equalize the burdens of the city government in the outer districts and in the centre, and to harmonize, as much as possible, the feelings and interests of all, the city will find its true policy to consist in a constant endeavor-by means of the construc- tion of new roads and the repairs of old ones-by making them every year more safe and convenient-by improve- ments made in the width and grade of the streets and highways leading from the outer districts to the centre- and by other means to bring, if I may so speak, the proper- ty and estates of the more remote sections of the city nearer and nearer to the centre,-thus making them more and more valuable to the owners and to the city.
And permit me further to say, in this connection, that I think, notwithstanding any supposed or real inequality that may exist, or that may be supposed to exist, in the burdens of taxation in the outer districts, as compared with
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those in the centre, there are some compensatory consider- ations found, or supposed to be found, either in the rise of real estate in the outer districts, caused or occasioned by the fact of their connection with a city so rapidly increas- ing in wealth, in numbers, in social and industrial pros- perity in the centre, or in the excellence of our schools, or in both these operating together, or we should not witness the solicitude and anxiety to return to us, now manifested before the Legislature, by our old friends upon our south- ern border who were so recently separated from us by a former Legislature, and annexed to an adjoining town.
During the past year, the poor seem to have been well cared for, and there has been no perceptible addition, that I can learn, to the usual burdens of the city under the operation of our well-arranged pauper system. The ex- penses for the past year have been nearly the same as they were the year before, and have come within the appropria- tion made for that object.
The police of the city has been vigilant and watchful, and, under its efficient and well-directed efforts, drunken- ness has, I think, somewhat diminished, and the unlicensed vending of intoxicating drinks has become less open, and I believe, less common.
The peace, quiet, and good order of the city, generally prevalent during the year, was interrupted in the early part of it by two high-handed outrages, committed in the ex- plosion of bomb-shells-one perpetrated upon the office of his Honor the late Mayor, and the other upon the dwelling house of Constable Warren. The promptness and energy manifested by the mayor and the police in the arrests and prosecutions which followed these outrages, have sel- dom been equalled, and were such as to inspire a whole-
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some dread and terror in the secret enemies to the peace and good order of the city, and, I doubt not, did much to prevent the perpetration of a succession of outrages of a similar character.
The establishment of a market or markets, the providing additional cemeteries for the burial of the dead, the pur- chase of public grounds, the drainage of the city, and the providing an additional supply of water,-are all sub- jects demanding your consideration ; and it will be for you to consider whether the public sentiment and the public interests and necessities are such as to require and demand action upon any one or more, or all these subjects, during the present year.
In relation to the subject of cemeteries and public grounds, my own impression is, that whenever the fit time shall arrive for action upon them,-and that time, I trust, is not far distant, if it has not already arrived,-it will be found convenient, if not necessary, in order to meet the wants, necessities, and wishes of the public, that lots and sites for their location should be selected and pur- chased at the same time in different, if not opposite, parts of the city, for the accommodation of the different sections of it.
The interests of the city, I have no doubt, will require that some provision should be made, at no very distant day, for the establishment of a market or markets, but until the public shall seem to demand the erection of a separate building or buildings for that purpose, and as a measure perhaps somewhat provisional and temporary, I would recommend to your favorable consideration the plan of raising the City Hall, and the construction of stalls, and, if thought best, also of stores, under it, as detailed in
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a very able report made to the last city government by a committee, of which his Honor, the late Mayor, was chairman. It was the opinion of that committee that the thing was practicable, and that it could be done without any risk of injury to the building ; and that, instead of being attended by expense to the city, the increased rents of the stalls, stores, or other accommodations the city would obtain by the alteration, would make it a source of income, and, in a short period, would more than reimburse the city for any outlays or expenditures it might incur in making the improvement proposed by the committee.
The care and supervision of the public health, and, as intimately connected with this subject, the matter of the drainage of the city, the construction of additional com- mon sewers, and the adoption of measures calculated to promote the great objects of sanitary reform, will require and demand your careful attention.
The effectual drainage of the lower part of the city -- of that part of it known as the meadow-can never, in my opinion, be thoroughly and effectually accomplished while the dam at the factory below continues to obstruct the current of Mill Brook, and an opinion prevails pretty generally, I believe, that while that dam is maintained, the health of that section of the city will be affected by it. How correct this opinion is, I am not sufficiently ad- vised to determine. If the owners of the dam have only maintained the dam at the same hight to which it was raised before the lands adjoining the brook were occupied as building sites, it is, perhaps, difficult to perceive how any blame can attach to them for maintaining the same, as in that case it would be the fault or misfortune of the builders there that they had voluntarily fixed upon an un-
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healthy location for the sites of their shops and habita- tions. Should the fact, however, be established, that the pond or reservoir, above the factory, is a nuisance, it might still be a question whether the owners of the dam occasioned it, or whether it was not, in a measure, the re- sult of the filth, sewerage, and the unwholesome and noisome materials thrown into the stream by the dwellers upon its banks.
The owners of the dam have a most valuable property in the water-power of the stream, and if they are only in the exercise of their legal rights, surely no one will con- tend that the public are entitled to demand, or should de- sire, that this water-power should be surrendered to the public without a just and adequate compensation ; and I can but indulge a most confident hope and expectation that, at no distant day, an amicable arrangement of some kind will yet be effected between the owners and the city, or those more particularly interested in the question of its discontinuance, by which the dam, which will soon, by the increase of the city, be surrounded by a dense population, will be taken out of the way, and the course of the stream be left free and unobstructed.
With the dam, however, as it is, much, I apprehend, may be done for the drainage of that part of the city, and to improve the healthiness of the low lands situated upon the borders of the stream.
The city, by a recent act, has become invested with the power to enforce the widening, and deepening, or other- wise altering the channel of Mill Brook, above the reservoir. In the opinion of many, this, with the erecting of substantial bank walls, thus confining the water in the stream within a fixed channel, will do much to prevent, if
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it does not entirely prevent, the overflow of the stream that usually occurs there in the spring of the year, and will enable the owners on either bank of the stream to introduce an effectual system of draining the land upon its borders, and freeing the cellars from the water that now renders their dwellings not only very inconvenient for occupation, but exceedingly unhealthy. I recommend this matter to your deliberate consideration.
There is one subject, now occupying a high place in public consideration, concerning which, so far as it may be supposed to connect itself with the administration of our municipal affairs, it may be expected that something should be said in a communication of this character. I refer to the duty of the City Police, as connected with the enforce- ment of the recent enactment of the National Legislature, known as the Fugitive Slave Law. If it be asked whether it is intended that the police of the city shall, in its of- ficial capacity, aid in its enforcement, I answer no. If it is asked why not, I answer-in the first place, the aid of the police, or of State officers of any character, is wholly unnecessary. The Government of the Union, by which the law was enacted, is armed with all necessary authori- ties to enforce it, and they need not our aid. But still further, as I understand this matter, State officers not only are not required, but they ought not to interfere. The highest judicial tribunal, the authoritative interpreter of the Constitution and laws of the Union-the Supreme Court of the United States-have, as I understand it, de- cided that the power of extradition of fugitives from ser- vice is exclusively the business of the Government of the Union, and that State legislation, on this subject, is wholly unnecessary, unconstitutional, and void ; that State officers
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holding office under State authority, are not bound as such to aid in the administration, or enforcement, or execution of any law passed, or that might constitutionally be passed under that clause of the Constitution of the United States relating to this subject.
The opinion of the majority of the Court in the case to which I allude-Priggs vs. Pennsylvania, 16th Peters, 608, -was delivered by the late Mr. Justice Story, and is in substance and effect what I have above stated; and if proof were wanted that this was the doctrine intended to be announced and established by the majority of the Court, we have only to appeal to the dissenting opinion of his Honor the Chief Justice, delivered in that case, wherein he dissents, not from the judgment pronounced by the Court, on that occasion, but from certain doctrines and reasonings contained in the opinion of the majority of the Court, and which he understood them to sanction and maintain by their decision in that case,
The doctrine, as above stated, accords precisely, as I un- derstand it, with the doctrines and principles of the case above referred to, as understood and expounded by Chief Justice Taney. Says the Chief Justice, in that case :-
" In other words, according to the opinion just deliv- ered, the State authorities are prohibited from interfering for the purpose of protecting the rights of the master, and aiding him in the recovery of his property."
Again, he says-" The State officers mentioned in the law (that of 1793) are not bound to execute the duties im- posed upon them by Congress unless they choose so to do, and are required to do so by a law of the State, and the State Legislatures have the power to prohibit them. The act of 1793 must, therefore, depend altogether for its exe-
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cution upon the officers of the United States mentioned in it."
The Chief Justice, taking part as he did in the delibera- tions of the Court, which resulted in that decision, must certainly be presumed to have known, as well as any man, what the views and opinions of his associates upon that bench were upon the questions involved in that case, and after reading the above extracts from his opinion, can any man doubt what he understood them to have decided in regard to this delicate subject ? It is of the utmost im- portance to recollect, and constantly bear in mind, that this was a decision not as to this or that law, but it was a decision touching rights and duties of the States under the Constitution, and as to the true construction to be given to the fugitive clause in that instrument. It was not so much a decision as to what the particular law of 1793 permitted to, or authorized, or required of the States, as it was as to what any law that might or could be passed under the Constitution, and in pursuance of its provisions, could al- low, or authorize, or require the States to do or perform- or to refrain from doing or performing. The decision of the Court applies as well to the act of 1850, as to the act of 1793.
But still further, Massachusetts, almost immediately upon the announcement of this decision-this authorita- tive interpretation of the Constitution, for such it was, and not merely a construction put upon the law of 1793,- Massachusetts, I say, almost immediately upon its an- nouncement, passed an act-that of 1843, Chap. 69-by which it was enacted that no sheriff, coroner, constable, jailor, or other officer of this Commonwealth, should thereafter arrest or detain, or aid in the arrest or detention
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or imprisonment in any jail, or other building belonging to this Commonwealth, or to any county, city or town thereof, of any person for the reason that he was claimed as a fugi- tive slave.
This law still stands in full force, and unrepealed upon the Statute book, and the act of 1850, to which I have alluded, does not profess or attempt to abrogate or annul this Statute, nor does it profess to interfere with, or con- trol, or modify, in any wise, the decision in the case of Priggs vs. Pennsylvania, above referred to. On the con- trary, the act of Congress of 1850, as it seems to me, as- sumes that the case of Priggs vs. Pennsylvania, is still good law, and that our Statute of 1843 is in harmony with it, and is a constitutional and valid law.
The Congress of 1850 well knew that State officers in Massachusetts were prohibited from aiding in the arrest of fugitive slaves, and assuming, as I think, that this was all right and constitutional on the part of Massachusetts, they, upon this assumption, as I apprehend, proceeded to enact a law which they could themselves enforce, and which they were careful to provide should be carried into effect by of- ficers deriving their appointment from the National Gov- ernment. If that law, then, is to be enforced in Massa- chusetts, let the government that enacted it enforce it. In the face of State prohibition, I trust no State officer will volunteer to violate the law of his State, for the sake of rendering such a service to enforce such a law, when that service is neither asked nor required of him by those that enacted it.
Such being my views of what the Constitution, in this particular, has been interpreted to mean, (for I will not un- dertake to express any opinion of my own on these grave
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questions,) I have only to say that I shall adopt as the rule of my official action, our own State law of 1843. And it is necessary for me only to add that, should any of- ficer of the city, embraced within the provisions of that act of 1843, be found violating its provisions, I should deem it my duty to recommend his immediate removal from office.
It may be proper here to say, in order to preclude the possibility of any misconstruction, that I speak here only of official action. I have nothing, of course, to say touch- ing the private or unoffered action of any man in the enforcement of this or any other law. Private action will, of course, be withheld or put forth as each individual, acting at his own proper peril, shall see fit to determine for himself.
Should the Marshal or other proper officer of the United States require the aid of any individual, as a private citi- zen, to assist in the enforcement of this or any other law, it would present a question of duty which every man must decide for himself, and upon his own responsibility.
Occupying the position that has been assigned me by my fellow-citizens, I cannot feel at liberty to conclude this communication without invoking your attention, and, through you, that of the citizens generally, to the subject of the formation of a Public Library.
The advantages which such an institution would afford, are too obvious to require ennumeration or discussion. As a place of resort for our young men, the advantages to be derived from the public library can hardly be over- estimated. It will be for you to consider whether, supposing we have power so to do, the public good will justify or require an appropriation of money for an object so very commendable.
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Gentlemen of the City Government :
We are now to enter upon the discharge of our respec- tive duties. The faithful and diligent performance of them is alike demanded by the oaths we have taken, and the confidence reposed in us by our fellow-citizens. May no selfish or personal considerations tempt us to for- get that, while we occupy these stations of trust, we are not our own-that, for the time being, we belong to the public, not to ourselves-that, by the solemnities of this organization, we are consecrated and set apart to the dis- charge of public duty ; and may our sole and only aim be the promotion of the public good.
I shall count with confidence upon, and I doubt not I shall experience, your most earnest and cordial co-opera- tion and aid in every well directed effort to promote the public weal.
And may He, whose blessing has been invoked, so guide our deliberations, and direct our actions, that they may subserve the interests and promote the happiness and pros- perity of the city.
REPORT
OF THE
SCHOOL COMMITTEE.
The School Committee of the City of Worcester, for the year ending April 7th, 1851, respectfully submit to their constituents their Annual Report.
The Statutes of the Commonwealth enjoin that-" The school committees shall annually make a detailed report of the condition of the several public schools in their re- spective towns and cities, together with such statements and suggestions in relation to such schools, as the commit- tee shall deem necessary or proper to promote the interests thereof."
In compliance with these requisitions of the law, the report of this Board should be both historical and advisory in its character.
Hence, and for the reason also that the schools, in their names and probably in their internal structure, are about to undergo more or less changes, it will not be inappro- priate, on the present occasion, to give a brief account of the prominent features of their organization and super- vision.
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During the past year, and-with very slight modifica- tions-for several successively preceding years, the public schools of Worcester have been classified as follows :-
1st. Infant Schools.
2d. Primary Schools.
3d. Grammar (or English) Schools.
4th. District (or Mixed*) Schools.
5th. Classical and English High School.t
There have been maintained, during the past year, nine Infant, six Primary, three Grammar, eighteen District (or Mixed,) and one Classical and English High ;- in all, thirty-seven public schools. Excepting thirteen of the district (or mixed) class, all these schools have been located in the central district of the city. The five district (or mixed) schools, taught in the central district, have been the African, the Young Men's, and the three Evening Schools for adults. The remaining thirteen mixed schools have been kept, one in each of the outer districts of the city.
With the single exception of the Classical and English High School, the attendance in all these schools has been restricted to those pupils who have been residents in the districts, or sub-districts, where the schools have been located.
The Classical and English High School has been open to sufficiently advanced pupils of both sexes, from all parts of the city.
*In the District Schools, instruction is given in all the branches taught in the schools of the three preceding grades ; hence, they are also called Mixed schools.
+ Formerly Latin Grammar School.
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Pupils of both sexes have also attended all the infant schools, the Ash Street Primary school, and all the dis- trict (or mixed) schools, excepting the Young Men's. The balance of the schools have been either for boys or for girls exclusively.
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