USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1784 to 1796 > Part 4
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2ª. That the Registry of Deeds being remote from the Center of the County renders the Securing new Purchases very incon- venient
3ª. That the Probate Court being at a Distance from the Petitioning Towns, renders the settlement of Estates under Ad- ministration expensive -
In Answer to which suggestions your Memorialists beg leave to Observe, That upon an enquirey into the proportion of Business done in the several Counties of Worchester, Middlesex, Essex &
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BOSTON TOWN RECORDS, 1784.
Suffolk, it will be found that there are one third more Actions entered annually in the County of [360.] Worcester than in the County of Suffolk, & nearly as many in either of the Other Counties above mentioned. Wherefore your Memorialists con- clude, that the Oppressive Attendance required of Parties, Wit- nesses & Jurors in the County of Suffolk, if any such therein) arises from some Other Cause than that of the Increase of Buis- ness, or the multiplication of Law suits, because the Court of Common Pleas in the other Counties above mentioned, do not usually continue their session for more than the space of one Week-If the Business of any County Court is unreasonably protracted it cannot be a Cause of dividing one County into sev- erall but the Greviance ought to be redressed in such Other way as the Constitution has provided -
That by Law the Probate Courts is now made ambulatory & accordingly sets in different parts of the County by which the Inhabitants receive great ease or can have nothing further done for their benefit at present unless Counties should be reduced to very small & unimportant Dimensions or the Court holden in future nearer the Center of the County the mischeivous tendency of the One & the inconveniancy of the Other shall be presently pointed out -
[361.] The other reason offered Applies alike to every County in the Commonwealth, it would undoubtedly be con- venient for the People in each part of the State to have Courts of Probate Register of Deeds & every other Office of Govern- ment nearer their own Dwellings respectively but as this is in its nature impossable to render the particular Circles of Jurispru- dence as small as consists with the Safety & Dignity of the State at Large, is all that can be done with propriety & Wisdom -
The particular Counties of this Commonwealth originated rather from the Accidental settlement of the several parts of the State, that from any systym which regarded the future ease interest or convenience of the People & will therefore in the course of a few Years when the State shall be more generally covered with Inhabitants, undergo such a Change & receive such Alterations as will render their lines convenient & parmanent, & should one or more Counties be established at this period, it is very probable that the necessity of a final & equal regulation of Counties, may in a short time render the expence now to be borne Useless & Idle
Your Memorialists conceive that when a New regulation of Counties shall take place the prudence & Sagacity of a free [362.] & intelligent Peoples wisely regarding the Dignity & Energy of this Goverment will, never suffer their Counties to be rendered small and contemptable, for a Government in the Delega- tion of Power from the whole People to a few who hold the Mag- istratical Power Deminishes in proportion to the Multiplication of Magistrates & therefore there must be in nature a Line which if exceeded on one hand will lessen, the part & necessary weight of
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CITY DOCUMENT.
Goverment two much to consist with the happiness of the People while an Error on the other may render Goverment Dangerious to that Interest it is intended to procure - Should a new County be established according to the Lemits preposed it would introduce a president for making many others without the State, the conse- quence - of which inevitably would be Multiplication of Officers & detracting from that Just Authority & Diginity of Office with- out which Civil Society can never be secure or happy -
Another Argument against this Project is that as so many Ad- ditional Officers as would be wanted must be commissioned by the Governour & Council it would thro' a weight into the supreme Executive which might Operate in creating an undue influance Should an Inclination for new Countes be encouraged & prevail, so many wise & [363.] able men would be employed to fill those places which are incompatable with a Seat in the Legisla- ture that the Publick Councils would not possess that Wisdom & Ability which at this time is necessary to the Welfare of the Peo- ple. And your Memorialists beg leave further to Add that mak- ing new Counties would produce a great number of Other Officers whose Business tho' not constitutionally incompatable with a Seat in the Legislature, yet renders them less needfull there, be- sides as the Legislature is the place from whence the Power of the Majestrates in most instances is derived it might be a Question whether there ever ought to be a considerable proportion of Men Cloath [ed] with Executive Authority holding Seats in the Gen- eral Court -
It is true that the Town of Boston stands remote from the local Center of the County but it is well known that the Center of Interest & Buisness is more regarded by Men than The local Center of Districks. Hence while the interior Counties which have no Market Towns or places pecular to Commerce-fix the Seats of Justice near the middle of their Circumference the People Inhabiting the Sea Port Districts in this & every other County Attend the Business of Courts in the Metropolis of Trade, The conveniance of this is fully evinced by the consent & practice of Ages -
[364.] To burden the People at this time with a new Tax for Court Houses Goals &c - while the publick Debt rests so heavily on their Shoulders would be in the Opinion of your Memorialists discovering a taste for Inovation quite unbecoming A Country Circumstanced as this is -
For the beforegoing & other reasons that may be offered they pray that sª. Petition may not be sustained -
Voted, that the aforegoing Report be taken into a fair Draught & Signed by the Town Clerk in behalf of the Town & then de- livered the Gentlemen who Represent the Town in the General Court -
The Committee relative to a Corporation not being Able to re- port at this Meeting -
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BOSTON TOWN RECORDS, 1784.
It was moved & Voted that when this Meeting is Adjourned it is to be Friday next 9 OClock beforenoon being the 4th. of June -
The Report of the Committee relative' to a New School - read - whereupon -
Voted, that the consideration of this Report be refered to the Adjournment -
Mr: Ballard the Clerk of Fanuiel Hall Market handed in a Memorial which [365.] was read - whereupon - Moved & Voted -
That a Committee be appointed to take the Memorial of Mr. Ballard into consideration & report at the Adjournment
Voted, that Mr. Tho8 : Walley Wm. Tudor Esqr. Excused Thos : Daws Esqr. Dº : - Colº. Joshua Davis Capt : Henry Prentice
be a Committee for the purpose aforesaid and that the Committee report what they may Judge to be a reasonable allowance for his services as Clerk of Fanuiel Hall Market -
The Petition of Daniel Sigourney read - whereupon Voted -
That the same be referred to the consideration of the Gentel- men the Overseers of the Poor, to make report at the Adjourn- ment
Adjourned to Friday next the 4th. of June 9 OClock forenoon -
Friday June 4th. 9. OClock Forenoon met according to Ad- journment -
Vote, relative to Assessors setting for abatement of Taxes the same as last year Vizt :
Voted, that the Assessors be and hereby are impowered & di- rected to set for [366.] such Abatement of Taxes as they shall Judge reasonable ten days following the Date and Delivery of the Tax Bills (Lords Days excepted) & no longer saving that they be allowed to set two Days the last Week in February for the Abatement of the Taxes of such Persons as had not an Opper- tunity of Applying in the above limited time, by reason of their being not of the Commonwealth or any other unavoidable hin- drance at which time they are also allowed & impowered to Abate the Taxes of such Persons as may have died Insolvent before the said time -
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CITY DOCUMENT.
The Petition of Mrs : Katharine Gray Read - whereupon Voted, that
Mr. Nath1. Balch Mr. Joseph Russell Printer Honble : Stephen Higgenson
be a Committee to take the same into consideration & report as soon as may be -
The Committee relative to a Corporation Reported two Plans of a Corporation both of which were read -
It was Moved, that the sence of the Town be taken with respect to the expedience of making any Alterations in the present form of the Goverment of the Town -
It being determined that the consideration of this Motion be refer'd to the Adjournment of this Meeting it was then, moved & Voted,
That the Plans now laid befor the Town [36.7.] be printed & a Sufficient number ordered by the Selectmen to be sent to the House of every Inhabitant by the Constable with a Minuet of the Adjournment at the bottom of said Plans -
Voted, that when this Meeting is Adjourned it shall be to next Thursday the 17th of June Current 3 OClock Afternoon then to meet in this Place -
And the Meeting was accordingly Adjourned -
3 'OClock in the Afternoon -- Met according to Adjournment-
The Motion made at the last Meeting - Vizt. - That the sense of the Town be taken with respect to the expediency of making any Alterations in the present form of the Goverment of the Town - was again read, but the impatiance of the Inhabitants for the Question being immediatley put prevented any Debate thereon -
After some warm altercations it was moved and seconded, " that the sense of the Town be now taken, whether it is ex- pedient that any alteration should be made in the present form of the Goverment of the Town - and the Question being ac- cordingly put Passed in the Negative by a great Majority
It was then Moved and contesated for that the Meeting should be immediately dissolved - and the Meeting was accordingly dissolved
[368.] At a Meeting of the Freeholders & other Inhabi- tants of the Town of Boston duly qualified & legally warned in public Town Meeting Assembled at Faneiul Hall on Monday the 5th : Day of July Anno Domini 1784. 10 O'Clock in the Fore- noon -
43
BOSTON TOWN RECORDS, 1784.
Warrant for Calling the Meeting was read
The Town having Voted to choose a Moderator by a Hand Vote -
Thomas Daws Esqr.
was chosen Moderator of this Meeting -
The Committee Appointed by the Town the 4th of July last to apply to a proper Gentelman to deliver an Oration of the 4th of July Instant (in such place as the Town shall determine to be a Most convenient for the purpose) it being a Day ever memorable in the Annals of this Country for the Decleration of our Inde- pendance -
Reported
That having met several times for the purpose mentioned in the Town Vote, that they have unanimously made choice of Ben- jamin Hitchburn Esqr. to deliver an Oration on the fourth of July Instant, who had accordingly Accepted of that service -
The foregoing Vote having been read, the same was accepted by the Town -
[369.] The Town having took into consideration when would be the best time to have the Oration pronounced ; as also what place would be most suitable for the purpose - It was
Voted, that the Oration be delivered at the Old South Meeting House, consent having been obtained therefor, the Hall not being capacious enough to receive the Inhabitants that attend upon the Occasion - also
Voted, that Mr : John Lowel Eben". Hancock Esqr. John Gardner Esqr.
be a Committee to wait upon Benjamin Hitchburne Esqr. and Acquaint him that it is the desire of the Town, that the Oration may be delivered at the Old South Church at 12. O. Clock -
Then the Meeting was Adjourned to 12. O'Clock then to meet at the Old South Church -
12. O'Clock, Town met according to Adjournment -
AN ORATION
To commemorate the Independance of the United States of America, was delivered by Benjamin Hitchburne Esq": at the Old South Church to a large & Crowded Assembly
[370.]
On a Motion Voted, that The Selectmen
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CITY DOCUMENT.
be and hereby are appointed a Committee to wait on Benjamin Hitchburn Esqr. and in the Name of the Town to thank him for the Learned & elagant Oration this Day delivered by him at the Request of the Town upon the Anniversary of the Independance of the United States of America in which according to the Insti- tution of the Town he considered the felings manners and prin- caples which lead to that great National Event - and to request of him a Copy thereof for the Press -
On a Motion Voted, that the Gentelmen the Selectmen - be and hereby are appointed a Committee to Apply to some one Learned and able Gentelman to deliver an Oration on the 4th. of July 1785, that Day being the Anniversary of the INDEPENDANCE of the United States of America, wherein the Orator is to con- sider the feelings Manners, and principles which lead to this great National Event; as well as the important and happy effects whether general or domistick which have already and will forever continue to flow from that Auspicious Epoch -
Then the Meeting was dissolved
[371.] At a Meeting of the Freeliolders & Other Inhabi- tants of the Town of Boston duly qualified and legally warned in publick Town Meeting Assembled at Faneiul Hall on Tuesday the 17th Day of August A : D. 1784 -
Warrant for calling the Meeting - read
It was moved & Voted, that a Moderator be chosen by a Hand Vote -
Honble : Samuel Adams Esqr. was chosen but could not attend -
Ezekiel Price Esqr. also chosen but on his Motion was excused by the Town
Joseph Greanleaff Esqr.
was chosen Moderator of this Meeting and took the Chair accord- ingly -
Adjourned to 3. O'Clock in the Afternoon -
3 O'Clock Afternoon Town met according to Adjournment
The Article in the Warrant relative to Choosing Cullers of Staves was read, and on a Motion Voted to defer the Choice of said Officers --
[372.] Voted, that the Sum of twelve pence on the Pound
45
BOSTON TOWN RECORDS, 1784.
be and hereby is allowed to such Persons as are or may be chosen Collectors of Taxes for the year ensuing of all such Sums as they shall Collect and pay into the several Treasuries of the Sum committed to them to Collect; within eight Months from the receit of the Tax Books; Six pence on the pound on all such other Sums as they shall have paid in within twelve Months, and four pence upon all Afterwards - Also that such Collectors shall give Bond with sufficient Sureties to the Satisfaction of the Select- men for the faithfull discharge of their duty in said Office, and complying with this Vote - And that they will not receive any Premium or gratuity for discounting any Order, Note or Receipt from the Treasurer of the State or the Treasurer of the Town -
The Selectmen having communicated to the Town a Letter of William Foster Esqr. to the Selectmen presenting the Town with thirty eight Glob Lamps to light the Streets -
.Voted, that the Selectmen except the same, and that they pre- sent the Thanks of the Town to Mr. Foster for his generous Donation -
[373.] Mr. Hermon Brimmer appointed one of the Commit- tee to consider what may be due to the late Treasurer in the room of Mr. Joseph Barrel who declines serving
On the Report of the Committee to consider the Memorial of Capt. John Ballard Clerk of Faneuil Hall Market -
Voted, that Capt. John Ballard Clerk of Fanuiel Hall Market be and hereby is impowered to receive the whole of the Rents for the Stalls both within and without the Market Building, and to pay the same into the Treasury once in every three Months
The Article in the Warrant Vizt. "To consider whether there shall be a Revision of the By Laws, and such Additions or alter- ations made as may be Judged proper by the Town - where- upon
Voted, that the Honble. Robert T. Payne John Lowell Esqr. James Sullivan Esqr. Benjamin Hitchbourn Esqr. Ezekiel Price Esqr.
be a Committee to Revise the By Laws and to Report whether any further Laws can be made to regulate the Market -
[374.] The Article in the Warrant- Vizt : "To consider what further measures are necessary to regulate Faneuil Market -- was read whereupon
Voted, that Colº : Daws Mr. Thomas Walley Capt. John Ballard
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CITY DOCUMENT.
be a Committee to Erect such Stalls on the Towns Land near Faneuil Hall as they may Judge useful- and to persue such Measures in performing the Business as shall appear to them the least expensive to the Town -
On a Motion Voted, That the Vote passed at last March Meet- ing assigning the Range on the North side of the Market House for the use of Lemmon Sellers be Reconsidered -
Adjourned to Tuesday next being the 24th Inst : - 3. O'Clock. P: M :
Tuesday August 24th. 3. O'Clock P. M. met according to Ad- journment-
On a motion, Voted, that
Capt : Isaac Phillips
be Appointed one of the Committee on the late Treasurer's Accounts, in the room of Mr. Herman Brimmer who declines serving -
The Articles in the Warrant for the choice of Cullers of Staves - read whereupon it was moved & Voted, that the choice of Cul- lers of Staves & Hoops be Suspended -
[375.] The Report of the Committee on Mr. Grays Petition - read whereupon it was moved & Voted, that the choice of Cul- lers of Staves & Hoops be suspended
The Report of the Committee on Mr. Grays Petition read & considered - and the Question being put Whether the same shall be Accepted passed in the negative -
The Report of the Committee relative to a new School was read & considered - whereupon it was. Voted, that the Town hire at the Public charge the Schoolhouse mentioned in the Peti- tion of the Propriators, and Appoint a School Master to Educate as many Children as the Same School will hold, he to be paid at the publick Expence from and After the 1st. of September next untill such time as Another School House can be Obtained fitted for the purpose of educating all the Children in that Quarter - and that the same pay and Allowance shall be made the Master as is allowed the others of the Town writing School Masters -
The Article in the Warrant Vizt. - " To consider what meas- ures the Town will take respecting their Land on which the South Battery stands, and the Land Adjacent " -was read where- upon -
Voted, that the Honble : James Sullivan Esqr. Honble. Caleb Davis Esqr. Samuel Henshaw Esqr.
47
BOSTON TOWN RECORDS, 1784.
be a Committee for the purpose aforesaid to Report at the Ad- journment-
[376.] The Article in the Warrant Vizt -To consider whether the Town will take any further steps with respect to their Lands on the Neck " - was read - whereupon -
Voted, that Samuel Brick Esqr. Nath1 : Barber Esqr. Nath1 : Appleton Esqr. William Tuder Esq'r Edward Proctor Esqr.
be a Committee to consider what measures may be taken to pre- serve the Lands on both sides of the Neck leading to Roxbury, and to Report how in their Opinion, the several parts of the same may be leased to the greatest Advantage, as well as to preserve the same as to render it beneficial hereafter to the Town
The Committee of the Revision of the By Laws Reported - and the same being read it was moved & Voted, that the consid- eration of this Report be referred over to the Adjournment & also. Voted, -That said Committee be desired to draw up By Laws for the regulation of the Market agreeable to their said Report -
Adjourned to this Day three Weeks being Tuesday the 14th Day of Septem". next 3. O'Clock Afternoon -
[377.] Tuesday the 14th Day of September 3. O'Clock Afternoon - Met according to Adjournment
The Committee Appointed to revise the By Laws of the Town, Reported one, relative to Surveyors which was read, and accepted save the two last Paragraps, and the same was referred to the Committee for their further consideration - also Voted, that
Joseph Greenleaf Esqr : be added to said Committee
The Report of the Committee at large (as Letters C -on file) was then read - whereupon it was moved and Voted, that this Re- port lay for further consideration, and that the Committee be de- sired to revise such of the Towns By Laws which have been made before or since the Year 1758. and if they are of Opinion that any of such Laws should still be in force that they Report the Same to the Town at the Adjournment of this Meeting, and that the Town Clerk be directed to examine the Town Records and lay before said Committee such Laws if any there be as have been made since the Year 1758 - And Report at the Adjournment -
The Committee relative to Lands on the Neck Reported, and the same being read it was moved & Voted, that the further con- sideration be referred to the Adjournment
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CITY DOCUMENT.
[378.] Voted, that the Town Clerk be directed to Apply to Ezekiel Price Esqr. the Clerk of the Sessions for Copies of such By Laws as have been passed by the Town and allowed by the Court of General Sessions of the Peace since the last printed Code -
Voted, that the Town Clerk be directed to Notify the Inhabi- tants by printed Notifications of the Business of the Meeting
Voted, that when this Meeting is Adjourned it shall be to this Day four Weeks being the 12th of October next. 3. O'Clock P.M.
And the Meeting was accordingly Adjourned -
October 12th-3. OClock in the Afternoon - Met according to Adjournment -
The Report of the Committee appointed to devise Methods for preserving and Leasing the Towns Lands on the Neck - ware again - read - and some consideration thereon, moved &
Voted, that the Report be recommitted, and that said Commit- tee be desired to confer with the Persons whose Land is con- nected with this Report, and that the Committee be desired to consider and Report another Plan for the more [379.] speedy preservation of the Neck -
One gentelman of the Committee for revising By Laws - Re- ported that the Committee were not ready to Report, whereupon it was moved and
Voted, that said Committee be directed to make - Application to the General Court for larger Powers in the making of By. Laws -
Moved & Voted, that all Matters unfinished at this Meeting be referred-over to the next General Town Meeting that may be called -
Then the Meeting was dessolved
At a Meeting of the Freeholders & Other Inhabitants of the Town of Boston duly qualified and legally warned in publick Town Meeting Assembled at Faneuiel Hall on Tuesday the 11th Day of January A. D. 1785-3 O. Clock Afternoon -
Warrant for calling the Meeting -read
49
BOSTON TOWN RECORDS, 1784.
The Honble : Samuel Adams Esqr. was chosen Moderator of this Meeting by a hand Vote -
The Article in the Warrant - Vizt. To consider " & make answer to a Petition [380.] of thirteen Towns in this Com- monwealth for repealing or altering the Act of the General Court, for regulating the Market in Boston" was read. - On a Motion, the Act of the General Court was also read. - where- upon, the Question was put Vizt. - Whether it be the sense of the Town that said Act should be Repealed - passed in the Affirmative -
It was then Moved & Voted, that the Gentelmen the Select- men together with the Honble : Robert Treat Payne Esq" : Mr. Thomas Walley & Joseph Greenleaf Esqr : be a Committee to make Answer to the Petition referred to -
On a Motion Voted, that there shall be an Adjournment of the present Meeting
Voted, that the Committee aforenamed be directed to make Report at the Adjournment of this Meeting, the draught of an Answer to the Petition aforesaid, as also to lay before the Town at the same time an Account of what Moneys have been collected for stands, without the Market - And that the Clerk of the Market be instructed to furnish the Said Committee with an Account of all the Moneys which has been collected by him with- out the Market House -
Voted, that when this Meeting is [381.] Adjourned, it shall be to Tuesday the 18th of January Inst. 3. O.Clock in the After- noon -
And the Meeting was accordingly Adjourned -
Met According to Adjournment Tuesday the 18th of January 3. O'Clock P: M :
A Motion was made & the Question put. Vizt. -. Whether the consideration of those Matters unfinished at the March Meet- ing which stood referred over to this Meeting be further referred to the Next Town Meeting - Passed in the Affirmative
The Committee Appointed to prepare an Answer to the Peti- tion of thirteen Towns in this Commonwealth for repealing or altering the Act of the General Court for regulating the Market in Boston - Report as follows Vizt. -
To the Honble Senate & House of Representatives in General Court Assembled at Boston -January 1785 -
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CITY DOCUMENT.
The Town of Boston having been favor'd through the medium of their Selectmen with a Copy of the Petition of the Towns of Roxbury, Braintree & Other Towns, respecting the Honourable Court either to repeal or alter a late Law relative to the Market in Boston and have also been notified to Appear before the next said Court to make Answer to said Petition [382.] if they see Cause, in consequence of which Notification the said Town of Boston by their Committee Vizt: the Selectmen appear & beg leave to take notice of the Reasons given in the said Petition why the said Law should be repealed or altered -
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