Volume of records relating to the early history of Boston : containing Boston town records, 1796 to 1813, Part 17

Author: Boston (Mass.). Registry Dept
Publication date: 1905
Publisher: Boston : Municipal Printing Office
Number of Pages: 396


USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1796 to 1813 > Part 17


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The Votes being brought in for 27 Representatives the whole number was found to be 880 * and upon sorting them it appeared that the following Gentlemen were chosen having obtained a majority of the Votes, Viz


William Smith Esq


Votes 877


Jona Hunnewell Esq


873


William Sullivan Esq


879


John Wells Esq


877


Jona Mason Esq


876 874


Thomas H Perkins Esq William Brown Esq


876


Samuel Parkman Esq -


871


[322.]


John Winslow Esq - Edward Tuckerman Esq Deacon Francis Wright Redford Webster Esq -


873


875


Thomas Perkins Esq


873


Daniel Sargent Esq


874


William Phillips Esq


875


871


872


* The whole number of votes, and the number for each person voted for, does not appear on the Town Records, but is taken from the original memorandum by the Town Clerk.


214


CITY DOCUMENT NO. 115.


874


Stephen Codman Esq -


Simon Elliot Esq 872


Benjamin Russell Esq -


- 874


Mr Thomas W Sumner 871


John Callender Esq


873


Dr Thomas Danforth


877


John T Apthorp Esq


872


Charles Davis Esq -


872


Mr Benjamin Goddard


875


Mr Thomas Kilby Jones


872


Benjamin Whitman Esq 864


Mr James Lloyd Jur


876


The choice of Representatives being over and declared by the Selectmen


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 Thursday the 14th Day of May Anno Domini 1807 - 10-OClock A :M : -


Warrant for calling Meeting Read


Joseph Russell Esq


was chosen Moderator by a hand Vote


The Inhabitants, were directed to withdraw and bring in their Votes for 6 Trustees for Towns Lands on the Neck, in addition to the Selectmen, who conjunctly are to manage said Lands, in such manner as shall appear to them best for the Interest of the Town - the Votes being brought in and sorted it appeared that


[323.]


Honbl Thomas Dawes Esq General John Winslow Honbl William Brown Esq Joshua Davis Jur Esq Honbl William Phillips Edward Tuckerman Esq


were chosen.


Mr John D Howard & JJohn T Apthorp Esq the former having resigned & the latter having declined serving as Fire Wards Mr Henry Fowle Mr Samuel Sweet


were chosen in their room.


On Motion Voted, that the Thanks of the Town be given to Mr John D Howard, for his good services as Fire Ward several Years past


215


BOSTON TOWN RECORDS, 1807.


Mess Benjamin Rice Allen Bowker


were chosen Surveyors of Boards & Shingles in addition to the 16 before chosen - on application therefore, by a number of In- habitants -


Mr John Deluce


was chosen into the Office of Hogreeve & Hayward for South Boston


The Article in the Warrant Viz " To consider and act upon the petition of James Ivers and others whether the Town will consent to waive the condition on which the Grant of the Mill Pond was made, and to permit the same to be filled up by the Proprietors ; or to any other act & thing respecting the Premises, which may cause or suffer to be effected the purposes therein contemplated " - was read, After long debate thereon - It was moved and Voted that the consideration of this Article with the Petition - be referred to a Committee of five Persons to be chosen by nomi- nation being called for the following Gentlemen were chosen Viz


[324.]


Joseph Russell Samuel Brown Judge Davis James Prince John Wells - Esquires


and said Committee are requested to make Report thereon at the Adjournment of this Meeting


It was then moved & Voted, that this Meeting be Adjourned to Monday the 25 Day of May Inst 10 O-Clock A: M:


Monday May 25th 10 O-Clock A: M: met according to ad- journment.


The Moderator in the Chair


The Selectmen to whom was committed the consideration of the Claim of the Heirs of Governour Hancock to Land on Beacon Hill - ask leave to Report


That they have examined the Town Records relative to this subject, have conferred with the Claimants and examined their Deeds, and have advised with the most eminent counsel - and after all the investigation in their power they find that the Town has been possessed of a certain portion of the Hill from the earliest period of its settlement - that the Deeds to Thomas Han- cock do not comprise the other part of the Hill now Claimed by the Applicants but that the Town has been long in the use and uninterrupted possession of it


The Selectmen therefore propose, that the Town should em- power Agents to maintain and defend their right to said Land


216


CITY DOCUMENT No. 115.


and to prosecute all encroachments or trespasses that may be made on the same -


The aforegoing Report having been read it was accepted by the Town and the Gentlemen Selectmen were appointed Agents on the business and are fully empowered to maintain and defend the Towns right in said Land-


The Committee of Fire Wards, on the Petition of Amasa Stutson & Seth Thayer, Reported, that it was their unanimous opinion that the prayer of the petition should not be granted - and the question being put for accepting this report -it was accepted by the Town accordingly -


The Votes, being brought in for a School [325] Committee Member in the room of Colº Thomas Dawes who had resigned - it appeared that


John Davis Esq


was chosen.


Votes being brought in for one Trustee of the Towns Lands on the Neck -in the room of Coln Dawes who had resigned it appeared that


William Hammet Esq


was chosen


On Motion Voted unanimously that the Thanks of the Town be and hereby are given to the Honbl Thomas Dawes Esq for his good and faithfull services in the several Offices he has sustained for a long course of Years past -


The Committee on Petition relative to filling up the Mill Pond - Reported, and the same having been read it was moved and Voted, that this Report be referred to another Meeting for consid- eration, and that the same be published in all the Papers -


Moved & Voted, that the foregoing Vote be so far altered, as that the said Report be printed in Hand Bills and distributed among the Inhabitants for a more full inspection, before the Adjournment of this Meeting


The Committee on Town Treasurers Accompts and other Money Matters - Reported - and thereupon it was moved & voted, that said Report be printed in hand bills and distributed amongst the Inhabitants for their inspection


The application of the Judge of the Municipal Court for further Compensation - was read - and on motion Voted that


James Prince Esq John Wells Esq Samuel Brown Esq


be a Committee to whom this Matter is referred for consideration and to Report at the Adjournment


Adjourned to Monday 8th of June next 10 OClock A :M :


217


BOSTON TOWN RECORDS, 1807.


[326.] Monday the 8th of June 1807 10 O-Clock A :M : Met according to Adjournment


An Application of a number of Inhabitants for another Hay- ward to be appointed for the Southern part of the Town more especially the Neck


Joseph Bacon


was chosen a Hayward for the present Year


The Committee appointed to take into consideration the appli- cation of the Honbl Thomas Dawes Jun" Judge of the Municipal Court for the Town of Boston for an augmentation of his Salary - Report that in their opinion the Salary of Judge Dawes should be augmented to Seven Hundred & fifty Dollars per Annum


James Prince per order


The aforegoing Report having been read and considered the Question was put, whether this Report be accepted by the Town - Passed in the Affirmative -


The Report of the Committee relative to filling up the Mill Pond, which had been printed in hand bills for the inspection of the Inhabitants - was read several times and after long debate - the Question was put - Whether this Report shall be accepted - which passed in the Negative --


Whereupon it was moved & Voted, That a Committee of seven be appointed as Commissioners on the part of the Town with full powers to meet such person or persons as may be appointed in behalf of the Mill Proprietors with equal powers, and to treat and negotiate with them for a relinquishment of all the rights and claims of the Town to the Mill Pond and Lands under the same or parts thereof and to conclude & bargain for the same on such terms and conditions as they may Judge most for the interest of the Town, and the doings of said Commitee when duly ratified & confirmed by the Town & Mill Proprietors shall be binding for- ever upon all parties. - also


Voted, the Selectmen nominate and appoint the Commissioners on the part of the Town


[327.] Adjourned to Monday the 15th of June Ins - 10 OClock A :M :


Monday the 15th June 10 o-Clock A :M : Met according to adjournment


The Town having at their late Meeting 8th Inst impowered the Selectmen to nominate & appoint seven Commissioners to treat and negotiate with the Mill Corporation as fully expressed in the


218


CITY DOCUMENT NO. 115.


Towns Vote of that date - The Selectmen have accordingly pro- ceeded to execute the trust reposed in them; and after much deliberation have unanimously made choice of the following named Gentlemen as Commissioners for the purpose aforesaid Honb1 John Q Adams Esq Honb1 William Brown Esq


Honb1 John Davis Esq William Parsons Esq John Joy Esq Dr Redford Webster Capt Tristram Barnard and they have signified their willingness to accept the trust and have entered upon the duties thereof -


The Subscribers, a Committee chosen by the Town March 9th 1807, to Audit the Accounts of the Town Treasurer, Overseers of the Poor and the Board of Health ; and to report the sum necessary to be raised for the present Year having attended that service ask leave to Report -


They have examined the Accompts of the several Departments, find them right cast and well vouched, The Treasurers Accounts as follows by his Trial Ballance Viz 1807.


$


C


April 30 To Towns Powder 1041.95


To Notes Receivable for Notes due ?


754.13


the Town To Ballance due the Town on


the several Taxes


Viz Tax


1803


1032.81


1804


6857.57


- -


1805 9139.49


1806 45927.89


To Cash on hand


641.98


$65395.82


April 30


By Notes payab1 for sundry Articles for Money borrowed D. C


for Use of the Town 24308.48


By Ballance due the


State Tax - 1806


18017.33


Ditto on Cº Tax -


2189.27


Due on Selectmens drafts - 7253.58 Overseers - - - Do 2917.15


Board of Health 405.88


Due Wm Tukesbury 74.15


Town Treasury - 9665.54


Due Trustees Neck land - 562.44


65395.82


219


BOSTON TOWN RECORDS, 1807.


[328.] as follows


The Committee Report an Estimate for present Year


School Master & Ushers


$13,300


Repairs of Schools Fire Wood &e 1,100


Town Watch


6,500


Town Treasurer & Collector - 1,500


3 Assessors at 816 Dollars each


2,448


Police Officers


1000


Constables Services


300


Engine Repairs & Premiums -


400


Lamps Oil & lighting -


5000 - -


Town Clerk -


1000


Messenger & Doorkeeper to Selectmen


500


Judge of Municipal Court & Advocate Printing & Stationery


400


Bells & Clocks -


400


Regulating & Paving Streets


10000


Overseers of the Poor


18000


Board of Health


5000


To complete the payment for


20000


repairs of Faneuil Hall


Incidental Charges


2132


-


$90,000


-


In the following Accounts the Town will find all the particular expences Viz


Nr 1 -Mr Smith's general Account


2 - His Trial ballance


3- Selectmens Drafts and monthly payments


4 -Overseers Drafts


5- County of Suffolk - ditto


6 - Board of Health


66


7- Outstanding Debts


66


8 - Treasurers Accounts of Faneuil Hall


9 - Accounts of Rents Annually received Amts to $9142 This sum will be increased this Year nearly $2000 when all the Arangement of the Market is com- pleted


The Committee have also examined the Accounts of the Agents for enlarging Faneuil Hall and find them well vouched; the whole Amount of expences of the enlargement by particular Acct herewith handed in is $50692-67 which Expences have been in part paid by proceeds of Land on Fort Hill 16185 and Taxes last Year 10,000 - 26,185 - [329.] Selectmen have been empowered to sell Towns land near Sº Bridge for which they have 11,000


been offered - Ballance provided for in the Estimate for this Year 19,507.67


$56,692.67


+


800


220


CITY DOCUMENT No. 115.


From the above Statement your Committee are of opinion that the Town raise Ninety Thousand Dollars to defray the Ex- pences of the Town for the present Year, all which they submit- Your Committee have also heard the Agents on their claims for compensation for attending the enlargement of Faneuil Hall, and are of opinion that they ought to have allowed them 1 pct on the Amount which will be $566.92 -


Joseph Russell Samuel Brown $ Commtee


The aforegoing Report having been read and considered - the Question was put "Whether the same shall be accepted - Passed in the Affirmative -


Voted that the Sum of Ninety Thousand Dollars 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 Town the Current Year -


Voted that the Sum of Seven hundred & fifty Dollars be allowed and paid unto the Honb1 Thomas Dawes Jur Esq for his Salary as Judge of the Municipal Court -


Voted, that the Honb1 William Smith Esq be allowed and paid as Town Treasurer & Collector of Taxes for the present Year the sum of $1500 - he to pay his Clerk, Assistant & Office hire, and all expences of Office.


Voted, that the sum of 1000 Dollars be allowed and paid unto William Cooper for his Salary as Town Clerk the year ensuing


Voted, that the Sum of 816 Dollars be allowed and paid to each of the three Assessors, for their services in that Office the Year ensuing


Moved & Voted, that when this Meeting be adjourned it shall be to Wednesday the 8th Day of July 10 OClock A : M : and the Inhabitants be informed thereof by Notification -


And the Meeting was accordingly Adjourned


[330.] Town Met according to Adjournment July 8 10 OClock A : M :


The Committee relative to Mill Pond having notified the Select- men that they should not be ready to Report at this Adjournment, and they having informed the Inhabitants thereof in the public Prints


It was Moved & Voted, that this Meeting be further Adjourned to Monday the 20th July Inst 10 OClock A : M : and that the


221


BOSTON TOWN RECORDS, 1807.


Selectmen notify the Town thereof by Handbills dispersed amongst the Inhabitants


Monday July 20th 10 OClock A : M: Met according to adjournment and the Committee on Mill Pond not being ready to Report the Meeting was further adjourned to Meet on Monday the 3d August 10 OClock A : M :


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 Saturday the 4th Day of July A : D : 1807 9 O'Clock A : M :


Warrant for calling Meeting Read


William Cooper


was chosen Moderator


The Committee appointed last Year to make choice of a Gen- tleman to deliver an oration on the Anniversary of American Independence


Reported that they had made choice of Peter Thatcher Esq who had accepted of the Appointment


On Motion adjourned to Old South Church when


AN ORATION


to commemorate the Independence of the United States was delivered by Peter Thatcher Esq at the Old South Church -


On Motion Voted, that the Selectmen be a Committee to wait on Peter Thatcher Esq, and in the Name of the Town to thank him for the elegant & spirited Oration this Day delivered by him at the request of the Town upon the [331] Anniversary of the Independence of the United States of America in which accord- ing to the Institution of the Town, he considered the manners feelings & 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 & Selectmen be and hereby are appointed a Committee to apply to some one learned & able Gentleman to deliver an Oration on the 4th of July A :D : 1808 - that Day being the Anniversary of the Independence of the United States of America wherein the Orator is to consider the feelings manners & principles which led to this Great National Event; as well as the important & happy effects, whether General or Domestic which have already or will forever flow from that auspicious Epoch


Then the Meeting was Dissolved.


222


CITY DOCUMENT NO. 115.


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 Thursday the 16th July A : D : 1807. 10 OClock A :M :


Warrant for calling Meeting Read.


Honb1 John C Jones Esq


chosen Moderator by a Hand Vote


Communication from the Committee of Correspondence of the City of Norfolk Virginia laid before the Town by the Selectmen and after reading the same it was moved & Voted, that


[332.]


Honb1 John Q Adams Esq Honb' Harrison G. Otis Esq Honb1 William Eustis Esq Honb1 Christopher Gore Esq Dr Charles Jarvis Esq Honb1 Jolm C Jones Esq Honb1 T H Perkins Esq


be a Committee to consider the Communication and to Report as soon as may be to the Inhabitants who will remain in Meeting to receive their Report


The Town being informed that two Gentlemen of the Commee were not in Meeting it was moved & Voted that the Honb1 Jona Mason Esq Dr John Warren Esq be added to the Committee.


In about an hour the Committee entered the Hall and made the following Report, by their Chairman Mr Adams - Viz -


Whereas by the Communication from Norfolk, Portsmouth & their vicinities, and the Proclamation of the President of the United States, it appears that the sovereignty of our Country has been insulted, and the lives of our Citizens sacrificed by the unjustifiable conduct of a British Armed Ship -


1st Resolved, That we consider the unprovoked attack on the United States Armed Ship the Chesapeake by the British Ship of War, the Leopard, a wanton outrage upon the lives of our Fellow Citizens, a direct violation of our National honour and an infringement of our National Rights and Sovereignty -


2. Resolved, That we most sincerely approve the proclamation and the firm & dispassionate course of policy, pursued by the President of the United States, and we will cordially unite with our Fellow Citizens in affording effectual support to such measures as our Government may further adopt in the present crisis of our affairs -


223


BOSTON TOWN RECORDS, 1807.


3. Resolved, That we remember with pride & pleasure the patriotic & spirited conduct of the Citizens of Norfolk, Ports- mouth, and their Vicinities, before the orders of the Government were known upon this momentous occasion, and they are entitled to the thanks and approbation of their Fellow Citizens throughout the Union -


[333.] 4th Resolved, That the Selectmen be requested to return a suitable answer to the respectfull comunication from our Fellow Citizens of Norfolk with the proceedings of this Meeting.


The Town were informed that the Committee were unanimous in their Report - And the Question being put - Whether this Report shall be accepted -- Passed in the affirmative unanimously, and with great applause


The Moderator had the Thanks of the Town for his good services -


Then the Meeting was Dissolved


Monday the 3d Day of August 10 OClock A.M. Met according to Adjournment of May Meeting


The Committee relative to the Mill Pond, Reported, and laid before the Town the Agreement or contract made with the Mill Proprietors - the Report having been several times read - A motion was made that the same be referred to an Adjournment of this Meeting & that the Report & Contract be printed & dis- tributed amongst the Inhabitants and the question being put it passed in the negative - It was then moved that the Report of the Committee be now put for the acceptance of the Town & the motion being accordingly put it passed in the Affirmative by a vast majority -


The Report is as follows -


Boston July 24 1807


The Commissioners appointed by your respectable Board in conformity to the object of their appointment and the powers with which they were invested have concluded a Contract with the Proprietors of the Boston Mill Corporation, subject to the ratification of the Town of Boston.


In stipulating for a relinquishment of the rights and [334] claims of the Town to the Mill Pond : the following conditions are expressly secured Viz


That all claims & controversies relative to Abutters on the Pond be settled by Arbitration or rule of Court if they cannot be otherwise satisfactorily adjusted -


224


· CITY DOCUMENT No. 115.


That the Mill Creek be continued by the Proprietors of its present width to Charles River -


That the western Flood Gates, be restored and kept open so long as the Selectmen shall require -


That suitable accommodation be provided for the Baptist Churches pursuant to existing agreements between those Churches & the Proprietors


That such common Sewers shall be carried through the Pond as the Selectmen shall direct


That the filling up the Pond shall be with such materials as the Selectmen shall approve


That Streets shall be laid out & completed fit for paving according to a plan delineated by the Chairman of the Selectmen, under certain specified restrictions -


That all necessary Bridges over any Canals that may be reserved shall be made at the expence of the Proprietors


That a square of Land of One Acre filled up at or near the center of the Pond, be reserved for the use of the Town to be disposed of at their discretion -


That the whole Pond & Flatts appurtenant shall be filled up at the expence of the Proprietors within Twenty Years


That one eight part of the whole Premises filled up shall be conveyed to the Town in fee simple free of all expences to the Town -


That one half of such part of the Premises as shall not within twenty Years be filled up or boxed so as to exclude the water in manner equivalent to filling up - shall be and remain the sole property of the Town ; and finally, That the Town shall be indemnified from all expence, loss or damage from any of the operations of the Proprietors in the proposed improvements. -


[335.] Those stipulations which relate to the public ac- commodation were readily adjusted, It has been more dificult to determine the proportion of the property to which the Town should become entitled upon the release of the present conditions, and to regulate the manner of connection with the Proprietors -


Various views of the subject were presented to the consider- ation of the Commissioners, arising from mutual estimate pro- portions. The terms on which the actual adjustment is made,


225


BOSTON TOWN RECORDS, 1807.


while they secure the execution of the contemplated improve- ments, in suitable manner & within a reasonable period of time will give certain pecuniary benefit to the Town, without risque or expence, This definite emolument with other collateral benefits, secured by the contract, the Commissioners conceive to be a fair equivalent for the Town's interest in the property, estimating that interest to be the one half of the present value of the premises .- A greater nominal proportion might indeed have been obtained by becoming Joint Sharers in the Corporation but in the estima- tion of the Commissioners the terms on which they have decided present a more eligible basis, and the eventual profit will in their apprehension be equal if not superior to the advantages which might probably be derived from any connection with the concern by shares, that has been proposed -


The Contract has been carefully framed and it is presumed embraces every requisite for a definitive compromise - and for the prevention of future controversy or misunderstanding between the Parties - In this persuasion and with sincere wishes for a prosperous & satisfactory result of this intended enterprise we submit the Instrument that has been executed to the decision of our Constituents. -


We have the honour to be Gentlemen with great respect- Your Obedt Servants


by the Order of the } John Davis Chairman


Commissioners The Selectmen of Boston


[336.] On Motion Voted, that the Selectmen be and hereby are authorised and fully empowered to carry the conditions of the aforementioned Agreement & Contract which has been ratified by the Town, into full effect


Voted, that the Thanks of the Town be given to Joseph Russell Esq for the dispatch given the business of the May Meeting


Then the Meeting was Dissolved


At a Meeting of the Freeholders and other Inhabitants of the Town of Boston duly qualified & legally warned, in public Town Meeting Assembled at Faneuil Hall on Wednesday the 9th Day of December A :D : 1807-10 OClock A :M :


Warrant for calling the Meeting - Read. Honbl Joseph Russell Esq chosen Moderator by a hand Vote -


226


CITY DOCUMENT No. 115.


The Article in the Warrant - viz - " Upon the Application of a number of the Inhabitants to consider the petition & representa- tion of Perkins Nichols to the Town praying for consideration & indemnity for his losses on Building a Street across the Mill Pond " -was read and debated - whereupon it was moved - That the said Petitioner have leave to withdraw his petition & rep- resentation - and the Question being accordingly put - Passed by a great majority in the Affirmative


On Motion Voted that the Thanks of the Town be given to the Honbl Joseph Russell Esq for his good services as Moderator. -


Then the Meeting was dissolved


1808.


[337.] At a Meeting of the Freeholders & other Inhabi- tants of the Town of Boston, duly qualified & legally warned, in public Town Meeting Assembled at Faneuil Hall, on Monday the 14th day of March Anno Domini 1808. 10. O'Clock A.M.




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