USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1784 to 1796 > Part 21
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Voted, That the Sum of Eight Thousand Pounds, be raised by A Tax to be Assessed on the Polls. and Estates of the Inhabitants of this Town to defray the Expences of the Current Year -
Adjourned to Morrow 10. O'Clock A : M :
Wednesday the 11th. May. 10. O'Clock Met According to Adjournment
[225.] The Article in the Warrant - Vizt. To Choose and Authorise A Committee to Contract with the Gen- eral Court for the Support of the State's Poor read and Con- sidered - Whereupon -
Voted, That. Jonathan Mason Esqr. Ezekiel Price Esqr. Thomas Walley Esqr. William Eustis Esqr. Charles Jarvis Esqr. John Sweetser Esqr.
Be and hereby are appointed A Committee fully Authorised and impowered to Contract in behalf of the Inhabitants with the Gen- eral Court for the Support of the States Poor, for such A Term and in such A manner as they shall think meet -
Voted, that the Town Treasurer once in Every Month lay be- fore the Selectmen the Several Sums of Money which he has received from the Collectors Individually and the Expenditures
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BOSTON TOWN RECORDS, 1791.
of the said Monies in order that the Selectmen may more readily be Acquainted with the money matters of the Town-
[226.] Voted, That the Town Treasurer be and hereby is Authorized upon any extraordinary emergency to borrow on the Credit of the Town any Sum not exceeding five hundred Pounds Allowing Lawfull Interest for the Same, the Sum So borrowed to be repaid as soon as may be from the Tax of 1790
Upon A Petition of A Number of Inhabitants of this Town. Setting forth the Necessity of A New School being Erected at the North part of the Town -
Voted, that the Prayer of said Petition be Complied with. and that the School Committee be Authorised & desired to Cause A New School house to be Erected of such dimensions and in Such manner as will in their Judgement, with the Least Expence to the Town, best Answer the Views of the Petitioners. -
Voted, That the Town Treasurer be Directed to retain the Six per Cent & Three per Cent funded Certificates in hand the Prop- erty of the Town Unless he can discharge any of the Towns Debts bearing Interest. at the rates of Twenty Shillings on the Pound for the Six per Cent. and ten Shillings for the Three per Cent, inclusive with the Interest due upon them
Adjourned to 4. O'Clock P : M :
[227.] 3. O'Clock P : M : Met according to Adjournment
Voted, That, Charles Jarvis Esqr. Thomas Crafts Esqr. Honº. Step". Higginson Esqr. Thomas Edwards Esqr. Mr. Charles Bulfinch
Be A Committee to devise A Plan to facilitate and Secure the Punctual Collections of the Taxes of this Town and to Report to the Town at the Next meeting
The Inhabitants as directed brought in their Votes for Three Cullers of Dry Fish - When it appeared. That
Mr. John McFarland Captn. Roger Bartlet Captn. Joseph Doble
Were Chosen Cullers of Dry fish the year Ensuing
Committee on the Petition of Mr. Allexander Hill, Reported. and the meeting being thin
Voted that the Consideration thereof be referred to the Next
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CITY DOCUMENT.
General Town Meeting, and to be inserted the first Article in the Warrant for calling the same. -
[228.] Voted, That all matters and things Which remain Unfinished be referred over to the Next General Town Meeting that may be Called -
Voted, Thanks of the Town be given to The Honorable Thomas Dawes Moderator for his good Services in dispatching the busi- ness of the Meeting
Then the Meeting was dissolved
[229.] At A Meeting of the Freeholders and other Inhabi- tants of the Town of Boston duly qualified and Legaly Warned in Public Town Meeting Assembled at Faneuil Hall on Monday the 4th day of July Anno Domini 1791 9. O'Clock A : M :
Warrant for calling the Meeting read
William Cooper
was Chosen Moderator by A hand Vote
The Committee Appointed the Last year to make Choice of A Gentleman to deliver an Oration On the Anniversary of Inde- pendence --
Reported, That they had made Choice of Thomas Crafts Esq". to deliver an Oration this day Agreeable to A Late Vote of the Town -
On Motion Voted That the Oration be delivered at the Old Brick Church 12. O'Clock Liberty having been Obtained, there- for -
Voted That the Gentlemen Selectmen Acquaint Mr. Craft with this Vote. -
The Meeting was then Adjourned to meet at the Old Brick Church at 12 .. O'Clock this day -
[230.] AN ORATION
To Commemorate the Independence of the United States was delivered by Thomas Crafts Esqr. at the old Brick Church - On Motion -
Voted, That the Selectmen be and hereby are appointed A Committee to Wait on Thoms. Crafts Junr. Esgr. and in the name of the Town to thank him for the Spirited & Elegant Oration this day delivd. by him at the request of the Town. upon
263
BOSTON TOWN RECORDS, 1791.
the Anniversary of the Independence of the United States of America, in Which According to the Institution of the Town he considered the feelings. manners and Principles Which led to that great National Event - and to Request of him A Copy thereof for the Press -
On motion Voted, That the Gentlemen the Selectmen. Be and hereby are appointed A Committee To Apply to some one learned and able Gentleman to Deliver an Oration on the 4th of July Anno Dom1 1792 That day being the Anniversary of the Inde- pendence of the United States of America; Wherein the Orator is to consider the feelings, manners and Principles - Which led to this great national event; [231.] as well as the Important and happy Effects. whether General or Domestic which have already. and will forever continue to flow from that auspicious Epoch. -
Then the meeting was Dissolved -
At A Meeting of the Freeholders and other Inhabitants of the Town of Boston duly qualified and legally warned in Public Town Meeting. Assembled at Faneuil Hall On Wednesday the 13th day Anno Domini 1791. 10. O'Clock A : M :
Warrant for calling the meeting - read
The Honorable Thomas Dawes Esqr. Was Chosen Moderator by A Hand Vote -
Voted, That the Poll for Choice of A County Register be Closed at half past Twelve O'Clock. -
[232.] Voted, That the Selectmen be and hereby. are ap- pointed A Committee to Count the Votes that shall be brought in for the Choice of A County register
Votes, for A County Register Of Deeds for the County of Suf- folk brought in & Counted by the Selectmen A Committee Chosen for that Purpose When it appeared that the whole Number was Eight hundred and Seventy Three. and that they were for the following Persons. - Vizt.
Votes
Joshua Henshaw Esqr.
121
Samuel Barrett Esqr. -
-
141
Samuel Ruggles Esqr.
57
Mr. Henry Allyne - £
554
Attest William Cooper Town Clerk, Memº. delivered an
-
264
CITY DOCUMENT.
Attested Copy of the above to Ezek1. Price Esq". Clerk of the Sessions -
A Vote Inclos'd in A Paper was Sent in by Coll- Tudor And the Question being put, Whether any Vote shall be brought in by Proxy, it Passed in the Negative -
Boston,
Number of Votes for A Register of Deeds -
Then the Meeting was dissolved -
[233.] At A Meeting of the Freeholders and Other Inhabi- tants of the Town of Boston duly Qualified and Legally Warned in Public Town meeting, Assembled at Faneuil Hall on Wednes- day the 10th day of Augt. 1791. 11 O'Clock a : m
Warrant for Calling A Meeting read -
The Honble Thomas Dawes Esqr. on Motion was Chosen Mod- erator by A hand Vote
Voted, That the Poll for Choice of A County Register, be Closed at one O'Clock. P : M -
Voted, That the Selectmen be and hereby are appointed A Committee to count the votes that shall be brought in for A County Register -
Votes, for A Register of Deeds for the County of Suffolk, brought in & Counted by the Selectmen (A Committee Chosen for that Purpose) When it Appeared that the whole Number was one thousand & one, and that they were for the following Per- sons - Vizt.
Votes
Joshua Henshaw Esqr.
63
Samuel Barrett Esq". -
57
Samuel Ruggles Esq".
56
Mr. Henry Alline -
825
1001
Att. William Cooper Town Clerk Memº. delivered an Attested Copy of the above, to Ezek1. Price Esq". Clerk of the Sessions. to be by him delivered to the Court of Sessions. Directed Boston Numbr. [of votes ] for A County Register.
Then the Meeting. was Dissolved. -
265
BOSTON TOWN RECORDS, 1791.
[234.] At A Meeting of the Freeholders & Other Inhabi- tants of the Town of Boston, dully qualified and legally warned in Public Town meeting Assembled at Faneuil Hall, on Wednes- day the 26th. day of October A.D. 1791. 10. O'Clock A : M : -
Warrant for calling the meeting - read
The Honble' Thomas Dawes Esqr. chosen Moderator by A hand Vote. -
The Article of the Warrant relative to the County of Suffolk, read, Also the Petition of Moses Fuller & others. to the General Court, a Copy of which has been transmitted to the Town Clerk, by their order, - and laid before the Town. read, Whereupon -
Voted, That the Honble. James Sullivan Esqr. Ezekiel Price Esqr. Honble. Stephen Higginson Esqr. Thomas Crafts Esq. Caleb Davis Esqr.
be A Committee to take this matter into Consideration and report such measures as they may Judge to be expedient on the occasion Sent
The two articles in the Warrant Vizt. to con- sider the Expediency of Erecting Stalls in the Market square. for the better accommodation of the market. agreeable to A Plan then to be laid before the Town and Whether any farther regula- tions are Necessary to be made respecting the market Read. Whereupon. Voted. That -
[235.] Voted That Charles Jarvis Esqr. Honble. Stephin Higginson Esqr.
Mr. Charles Bulfinch
Mr. Charles Sigorney Mr. William Cooper Mr. Oliver Smith Thomas Crafts Esqr.
be A Committee to take these Articles into consideration and to report what is best to be done thereon - Sent
The Report of the Committee on Mr. Hills Petition - read and considered, Whereupon moved and
Voted, That Mr. Hill have leave to Withdraw his Petition-
The Article in the Warrant-Vizt. Whether any or what measures shall be taken for lighting the Lamps the ensuing Winter -read - Whereupon - Voted That this matter be left to the consideration of the Committee, relative to the Market -
The Article in the Warrant - Vizt. That the Sense of the Town
266
CITY DOCUMENT.
may be taken. relative to Admitting A Theatre in the Town and instruct their representatives. to endeavor A repeal of an Act passed July 1750. Entitled an act to Prevent Stage Play, and other Theatrical Entertainments - read, and after debate, Ad- journed to - 4 -O'Clock - P : M : -
[236.] 3 O'Clock. P : M : Met according to Adjournment
The Article relative to A Theatre again taken up. -
On motion. the question was put Vizt. That the Petitioner's have leave to withdraw their Petition -Passed in the Negative - it was then moved and Voted. That -
Perez Morton Esqr.
James Hughes Esqr.
Mr. Charles Bulfinch
Capt. James Prince Samuel Cabot Esqr. Thomas Crafts Esqr. Joseph Russell Esq".
Be A Committee to draw up Instructions to the Gentlemen who represent this Town in the Gen1. Court, for carrying said Article into execution and to report the same at the Adjournment - Sent
Adjourned to Wednesday the 9th. day of November Next, 10 -O'Clock. A : M :
Wednesday. the 9th. day of November 10. O'Clock. A : M : met according to Adjournment
The Committee relative to dividing the County of Suffolk. on the Petition of Moses Fuller and others to the General Court have leave to report at the adjournment of this meeting -
[23.] The Committee appointed to Consider the expedi- ency of Erecting Stalls in market Square. for the better accom- modation of the market agreeable to A Plan Presented " - And whether any further regulations of the Market are Necessary - beg leave to report. That with respect to the first Article. It is their unanimous opinion. That the same be carried into operation, and that the selectmen be desired to take measures to complete the same
That with respect to the other Article they are fully of Opinion that the Representatives of the Town in General Court be instructed to use their influence to have A Law Passed at their Next sessions. more Effectualy to Provide against the growing evil of forestalling and that in the mean time the Officers of Police in this Town be directed to Prosecute those who shall be guilty of Violating the Laws against Monopoly and forestalling as they Now stand. as also to inspect all weights and measures
267
BOSTON TOWN RECORDS, 1791.
made use of in the market and Proceed therein as the Law points out & directs That the inhabitants may no longer suffer by the notorious Practice of many Sellers in making use of illegal weights and measures in their sales; And that they make the Selectinen acquainted with the Names of such forestallers. as are suffered to improve stalls. for dealing out their monopolized Articles, to the Inhabitants at Extravagant rates, with the [238.] further mortification that these gains rest not with the honest farmer but in the hands of those who are only living on the Labours of the industrious Sent
Charles Jarvis
The aforegoing Report having been Considered by Paragraphs. The Question was put Whether said Report shall be Accepted Passed in the Affirmative Sent to all -
The Committee to Whom were refer'd the clause in the Warrant as to whether the Town will take any & what measures for light- ing the Lamps the Ensuing Winter -
Report. That the Number of Town Lamps is not Sufficient for Lighting the Town in A Proper manner, and the circum- stances of the Town at Present will not allow of any Expence in Adding to their Number-But that the Committee recommend that when A number of Individuals - will Engage to put up suf- ficient additional Lamps at their own charge and Subscribe to their Support and when Sufficient monies shall be raised by sub- scriptions to Support the Town Lamps That the Selectmen be directed then to Contract with Some Persons to light & keep in order the Lamps throughout the Town -
Charles Jarvis
[239.] The Aforegoing Report having been read and Con- sidered. the question was put Vizt. whether the Report be Ac- cepted - Passed in the Affirmative. - Sent-
The Committee appointed to draw up instructions to the Gen- tlemen who represent this Town In General Court, relative to Admitting A Theatre in this Town-Report the following draught
To the Representatives of the Town of Boston -
Gentlemen, At A very full meeting of the Inhabitants of the Town of Boston the sense of your Constituents has been taken upon A Law of the Legislature Passed in the year 1750 Entitled an Act to Prevent Stage Plays, and other Theatrical Entertainments " - And After a lengthy and Deliberate Debate, They have Determined by A Very Large Majority. that the Ex- istence of that Law in its Present unlimited form operates as an
268
CITY DOCUMENT.
undue restraint upon the liberty of the Citizen And as an infringe- ment of his unalienable right.
They Consider the right to relax from the toils of Industry & the fatigues of Business by A resort to any rutional & innocent amusement, as Constituting no inconsiderable part of the hap- piness of Civil Society and one of the essential [240.] blessings confirmed to them by A free constitution of Government -
A THEATRE where the Actions of great & Virtuous Men are represented Under every possible embellishment, which genius and eloquence can give will not only afford A rational 'and in- nocent amusement, but essentially Advance the interest of Public and Private virtue, will have A Tendency to Polish the Manners and habits of Society, to disseminate the Social affections. and to improve and refine the literary taste of our rising Republic - Your Constituents therefore, as well to Promote the Public benefits as to remove Every obstacle to the enjoyment of their Political rights, instruct and enjoyn you at the Next Session of the Legis- lature to move for and to use your utmost endeavor, until you effect A repeal of the Law alluded to. so far at least as respects the Town of Boston -
By Attending to the objects your Constituents have in View, you will readily Perceive -That they are as opposed to the licentious abuse of this Valuable Privilege, as to the Arbitrary and Unnecessary restraint with which it has been so long shackled -
They Therefore further direct you to endeavor that the Law of repeal may be so- constructed, that no dramatic Composi- tions shall be the subject of Theatrical exhibition until they have [241.] Obtained A Sanction from some Authority to be Appointed for that Purpose in order that none of an immoral impression may ever disgrace the American stage, and such only be presented to the view of the people as shall be calculated to improve their taste, to mend their hearts, and to Subserve the great and beneficial purposes of Public and Private Virtue - By order of the Committee
Perez Morton Chairman
The foregoing having been read and Considered. The Question was put Vizt, Whether the Same shall be accepted, Passed in the affirmative - Sent
Adjourned to the Second Wednesday in December, 10 O'Clock A : M : being the 14th _
Wednesday Decr. 14th. 10. O'Clock P : M : Met according to Adjournment. -
The Committee to whom was referred the Petition of Moses Fuller and others to the General Court of this Commonwealth relative to A Division of the County of Suffolk. -
Reported the following draft of A Remonstrance to be Pre-
269
BOSTON TOWN RECORDS, 1791.
sented to the General Court which being read and Considered. The question was Put Vizt. Whether the said Report shall be accepted. Passed in the affirmative Unanimously - Sent
[242.] On Motion - Voted. That the
Honble James Sullivan Esqr. Ezekiel Price Esqr. Thomas Crafts Esqr. Honble Caleb Davis Esqr. Thomas Edwards Esqr. be and hereby are appointed Agents in behalf of the Town, and they are hereby Authorized and directed To Sign said remon- strance & Pet". and to Present and Support the same at the Gen- eral Court, also -- Sent
Voted, that the Representatives of the Town in General Court, be and hereby are instructed, to use their utmost endeavors that the Petition of Moses Fuller and others to the General Court for A Division of the County of Suffolk, should not Obtain And That they be Served with A Copy of this Vote, and Of said Petition and the Aforesaid remonstrance of the Town. -- Sent -
The Remonstrance is as follows - Vizt.
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts -
The Petition and Remonstrance of the Inhabitants of the Town of Boston -
Most humbly Represents -
That the said Inhabitants being favoured by your Honrs with a Copy of A Petition of several Persons in behalf of the Towns where unto they respectively belong for forming [243.] A New County by the Name of Union out of the County of Suffolk. And having duly Considered the Same. - They cannot consist- ently with the regard which they have for the People of said , County as well as to the state at large, if they should refrain from remonstrating Against the Measure. They find that the first Claim for A Division of the County as Expressed in the Petition, Arises from delays in Tryals in the Courts and The great ex- pences Consequent upon them, but it may be relied on, That those Actions which are merely Maritime, or Arises from the Principals of Commerce Incident to the Town of Boston are very few in comparison of those which Originate in Wrongs and Con- tracts Equaly Appertaining to the Nature of Business both in Town and Country .. The Number of Tryals where both Parties are Inhabitants of Boston, bear but A Small Proportion to those where one or both Parties are Inhabitants of Other Towns in the County - If the County should be Divided there will still be Suits Commenced by the Inhabitants of the Town of Boston,
270
CITY DOCUMENT.
against the Inhabitants of the New County. and by the Latter against the former from Whence would result the same inconven- iency as is now complained of that men in Town and County would have their Cases Tried by Jurors not Acquainted With the business they are called to decide upon, But very small Attention to the subject will shew that there is no weight in the Argument thus used in the Petition. Because [244. ] the Law of the Land [is] alike to the Persons & Property of all the People in the Common- wealth, so far as the Same respects Legal Tryals. The Jurors now Called to decide upon matters of right in this County Are A Mixture of Town & Country men, but if the Town Should become A Separate County, and A difference In the feelings of Town and Countrymen does actually Exist, it will be hard upon our brethren in the Country to have no Jurors from the Country when they shall be called to Answer upon Suits in the Town, - Besides This, when A County is very small, And an Action which Attracts the Public Attention has to Pass thro' the Variety of Tryals to which it is liable Until Ended in A review, it is very difficult to procure An Unprejudiced and impartial Jury. The Town of Bos- ton has ever had A high Sense of the Good understanding & ability of their brethren in the Country and would by all means, Unless where the Public interest absolutely requires it, Be willing to relinquish The Advantages derived from their Assistance in Matters of Legal Controversy, The Town of Boston have At- tended to the Matters of complaint of their Brethren in the Towns said to be Petitioning, respecting the weight of Taxes Arising from County Charges, and they can by no means conceive that [245.] granting to the Towns mentioned in the Petition Exclusive County Priviliges would ease their burthens. The County Expences are always order'd and liquidated by the Court of Sessions, wherein their is A large Majority of Members from the Country Towns, the Expence of the Jail is no doubt very great upon the Towns mentioned in the Petition. as well as upon the Town of Boston, but the Towns in the Country part of the County ought to consider That in all great Towns and Cities, there are vagrant Strolling Persons, who are very frequently the Objects of such Criminal Prosecutions as will create an Expence. But The Towns Near the Metropolis have great Advantages from their vicinity with it. And they ought to bear A reasonable Part of the burthens Naturally arising from their Priviliges and Ad- vantages -The length of the sessions of the Supreme Judicial Court. is no doubt the Source of much Expence. But A Method much more eligible, than that of A Division of the County may be Adopted, This together with the Expences of the Jail arises from the Number of Criminals which are held for and brought to Tryal at the Supreme Judicial Court -Considering the Advan- tages derived by the Inhabitants of the Towns Mentioned in the Petition from their Contiguity with the Town of Boston they ought to Unite with it in Procuring Such Measures as will tend Mutually to the relief of Town and Country in the Expences
271
BOSTON TOWN RECORDS, 1791.
Complained of [246.] As your Honors have under consider- ation A revision of the Judicial department in the Goverment, the Legislative will be naturally led to form such an Establish- ment as shall give the Town of Boston A Tribunal to try and Sentence, or Acquit such Persons as Shall be committed under charges of A Criminal nature not Capital and committed within the Town of Boston, in as Short A time after their Committment As shall be consistent with Justice. This will lessen the Expences of the County, have A tendency to prevent the Commission of Crimes, which are perpetrated under A hope of escaping from Punishment by delay of Trials, and take away all the colourable reasons Suggested in the Petition ; what the many other reasons are which The Petitioners Suggest as existing, but do not mention The Town of Boston are unable to conceive of ; had they been mentioned in the Petition it would have led to A discussion of their merits. but there are, as this Town believes many and very weighty reasons against the Measure. Amongst which are the fol- lowing : That the Interest and happiness of the People depend much upon having the offices of their Municipality filled with men who are capable of executing the functions of them. and answering the just expectation of their constituents, but this can never be As- sured where [24 7.] The Community is small without laying grevi- ous burthens upon the People. In the instance under consideration A fair calculation will shew that the County Officers have but A Small support as - the County now stands. And A division will still lessen The reward for A Devotion to Public business The real expence of the People in going to the Proposed shire town will be to increase their Travel and by no means lessen their other expences, The great objects of Civil Goverment are the defence of the Society against Violence from External Enemies. & the Support of Distributive Justice among the Individuals of which it is composed ; in the Latter a tryal by Jury is considered as being A very important and Valuable Municipal Institution, But where A County is small too great a Proportion of the People of it will be too much interested or Prejudiced in Causes demand- ing the Public attention to Preserve this institution in Purity, and tryals under such impressions will have A tendency to destroy the respectability of an Institution, upon which the Liberties of the People depend.
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