USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1796 to 1813 > Part 19
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Persons Voted for as a Representative for the Suffolk District in this Commonwealth in the next Congress of the United States - viz.
Hon ble Josiah Quincy Esq. Twenty five hundred & thirteen William Jarvis Jun. Thirteen hundred & ninety five Honble William Eustis Esq. Two, Thos Lewis Jr. One.
and declaration made thereof in Town Meeting by the Selectmen - A return of the doings of this Meeting made out & put into the hands of Mr Sheriff Allen to be given to the Hon William Tudor Esq., Secretary of this Commonwealth, which return was conform- able to the one in the Town Officer .-
Then the Meeting was Dissolved.
1809.
[361.] At a Meeting of the Freeholders & other Inhabitants of the Town of Boston, duly qualified & legally warned in public Town Meeting Assembled at Faneuil Hall on Monday the 23ª Day of January A.D. 1809. 10 Clock Forenoon
240
CITY DOCUMENT No. 115.
The Meeting was opened with prayer, by Dr Lathrop.
Warrant for calling the Meeting - read.
Col Perkins was chosen Moderator by a hand Vote - having excused himself from serving
Stephen Codman Esq
was chosen Moderator, & took the Chair Accordingly.
Hon Thos. H. Perkins presented a number of Resolutions, for the consideration of the Town -
A previous Motion of Dr. Eustis for a short Adjournment did not obtain. -
The Resolutions, being distinctly read and debate had thereon - the Question was largely called for - & being put - Whether said Resolutions shall be accepted - Passed in the Affir- mative by a very respectable majority.
It was then moved & Voted - that a Committee of seven be appointed to draw a Petition to the General Court conformable to said Resolutions - Whereupon the Nominations being called for - The following Gentlemen were chosen - viz. -
[362.] Hon Thomas H. Perkins Esq. Hon J. C. Jones Esq. Hon Samuel Dexter Esq. Dr Joseph Warren Esq.
William Sullivan Esq Hon Jona Mason Esq
Theodore Lyman Esq
An Adjournment being moved - Voted, that this Meeting be Adjourned to Tuesday next 10. O'Clock A.M.
Tuesday Jany 24th- 10. O'Clock A.M. Met according to Adjournment -
The Committee appointed on the Yesterday, to prepare a Peti- tion to the General Court, conformably to the Resolutions then passed - Reported the following draft - which being read & largely debated, was accepted by a large Majority of Citizens, in a crowded Assembly and is as follows viz. -
To the Honourable the Senate, & House of Representatives of the Commonwealth of Massachusetts, The Inhabitants of the Town of Boston, in legal Town Meeting Assembled, respectfully represent. -
That they are constrained to apply to your Honourable Body, as the immediate guardians of their rights & liberties, for your interposition, to procure for them, relief from the greivances,
241
BOSTON TOWN RECORDS, 1809.
which they now suffer, & those which they have reason to appre- hend, under the operation of the Laws of the General Govern- ment, abolishing foreign commerce, [363] and subjecting the coasting trade to embarrassments, which threaten its anni- hilation. -
That the provision of the Constitution of the United States which declares, that all powers, not expressly delegated to them, are reserved to the respective States, or to the People, we con- ceive to be a fundamental principle of the confederation.
We submit to the consideration of the Legislature, whether this most important maxim has not been violated, by the passing of an Act, in the first instance permanently prohibiting foreign commerce, and thus subjecting this all important object of the National Government, to the pleasure of the Executive and one third part of the Senate. So extravagant an Exercise of Power was calculated to excite jealousy & alarm, and to rouse a spirit of opposition among a people, of thousands of whom it may be Affirmed that their home is on the Ocean, and with respect to all of whom, it is certain, that their prosperity, by the unchangeable circumstances of local situation, immemorial habits, and the established relations of society, is absolutely dependent on Com- merce .- -
Your Memorialists were not, however swift to condemn, nor rash to violate the provisions of the first Act, they were on the contrary disposed to acquiesce in a measure [364] which, tho beyond their comprehension might have originated in circum- stances not disclosed to them. - They trusted to the assurances of the Executive Message, that it was merely a measure of pre- caution ; and to the imperious necessities of the Nation, that its duration would be short. - But as the projectors of this experi- ment advanced to the maturity of their system, the mask was gradually lifted ; and while official communications at home and abroad, insisted upon the merely pacific, and preservative charac- ter of the Embargo Laws, it was disclosed, from other sources, that their true features were those of hostility and coercion; and the Administration, and their friends, no longer conceal, that the Embargo is " War in disguise," and is soon to be followed by open War.
In the process - of this experiment the truth of opinions which were at once familiar to the well informed and soon apparent to all, the folly of the supposition, that the commerce of the New World was indispensable to the existence, or even comfort, of Nations which had flourished many thousand years before its discovery, became sufficiently manifest to cover with confusion all its supporters, whose intellects were not infected by the pride of system, the passions of party, or by foreign predilection. To Great Britain the measure was not probably, unacceptable, as it has operated most Auspiciously upon [365] her Colonies, teaching them the fatal secret of their entire independence of our country, and stimulating them to a successful competition with us, in those branches of commerce, which have been almost ex-
242
CITY DOCUMENT NO. 115.
clusively our own. - To France this abandonment of the Ocean. is grateful, as it is a substantial compliance with the mandates issued by her, to her Vassal Nations ; and in this view it has received the open approbation of the Emperor. -
Against Great Britain & France it is equally impotent as a measure of coercion ; but to our own country it is fraught with absolute destruction. - It is our Country only that it deprives of a commerce, which after having been long suspended, may be irrecoverably lost. It is our Country alone, that must be con- vulsed, and rent, by the dissensions growing out of this unprec- edented system of violence, imposed by one section of the Union upon the other. - It is by our Country only, that this system must be felt & deprecated, as a Judgment of God, decending on a Nation through the infatuation of its Rulers.
Your memorialists beg leave further to remind your Honour- able Body, that the National Government not content with abol- ishing by standing laws, that commerce which it is one of their principal [366] functions to protect, have thought themselves authorized to resort to those means of compelling obedience which are never necessary, except when despotism opposes its terrors to the established habits and opinions of a people. - A late Act has accordingly been passed for enforcing the Embargo, the provi- sions of which are so repugnant to the Constitution and to the first principles of a free Government, that on this subject your Memorialists want language to express their grief and abhor- rence. -
Under colour of this Law, a Citizen is subjected to penalties, and forfitures, though not privy to any breach of its provisions. He may be charged with, & convicted, of crimes and Offences, though innocent of intentions to commit them. - He is subject to unreasonable searches, & seizures of property, upon mere suspi- cion of an intention to violate the Law, and the discretion of an interested Officer is the standard, by which the reasonableness of the suspicion must be tested. - His Vessels, his Warehouse, the most secret, and sacred depositories of his property & effects, not excepting his Habitation, are liable to be ransacked, upon mere suspicion by a military force under general instructions from the President of the United States ; and when by the act of God, he is prevented from complying with the requisitions of the statute, [367] he is deprived of the benefit of his tryal by Jury (unless he can furnish a species of evidence, which will be in most cases, impossible) and must rely for mercy upon the mere will and pleasure of an individual dependent on Executive favour.
In short as the Act alluded to will be before your Honours, it is superfluous to swell the grevious commentary to which every section is fairly liable. We in all duty & humility, therefore, call your attention to it as an Act oppressive beyond any prec- edent in this country, and requiring from us the exercise of all the patience, & moderation, of all the self-denial, and sacrifice of feeling to our love of order and respect for the Authority of the Government of the Union, of which we are capable. - We
243
BOSTON TOWN RECORDS, 1809.
are unable to assign any adequate motive that could have led our rulers to the adoption of the measures which we have stated, excepting a deliberate determination to pursue a system, which might involve us in such calamities, as seem to make a war inevitable without such motive they could have no interest in pro- ducing unnecessary sacrifices and violations of principle - when we view the course of measures, which the Government of the United States have of late pursued, and listen to the declaration made by its advocates, that war is inevitable, we are reluctantly driven to the conclusion that it has been predetermined [368] on & sought; and that less regard is paid to the necessity or justice of this war, than to its subserviency to the views of the dominant party. --
But against whom is this war to be waged ? undoubtedly against Great Britain. For under whatever aspect of hostility, towards both of the Belligerents, war may be commenced, it is most mani- fest that it would be continued against one only, and it is but too probable, that it would soon involve an alliance with the other. The effects of such an alliance with a nation, whose only distinc- tion between friends and enemies, consists in heaping upon the former, the greatest weight of injuries, and oppression, is so well depicted in the history of our own times, as to require no illustra- tion from us. with such an ally every victory would be deplored as a defeat ; & final success would be certain ruin .-
Thus situated, our hope & consolation rest with the Legislature of our state, to whom it is competent to devise means of relief against unconstitutional measures of the General Government.
That your powers are adequate to this object is evident from the organization of the confederacy ; and is admited in the elementary treatise upon the Federal constitution written, in part, by the President of these States --
We refrain from suggesting Expedients : but we rely on you to show, that while Massachusetts is second to none of the States in her attachment to the Union, Liberties & honour of the Nation, she cannot [369] admit the right, assumed by the National Government of compelling her to abandon the Ocean to renounce commerce, to change the habits of her industry, and submit to be the victim of a desolating policy ; but above all we do confidently rely on you, to convince our National Rulers, that we ought not, and cannot submit to be plunged into a ruinous, & unnecessary war with any European Nation .-
We solemnly pledge ourselves, and everything dear to Free- men, to support whatever measures the Legislature of this Com- monwealth may think proper to adopt to preserve the rights & Liberties of our Country.
T. H. Perkins per Order
It was then moved & Voted, that the Gentlemen, the Selectmen be a Committee to present this Petition to the Legislature in behalf of the Town.
244
CITY DOCUMENT No. 115.
Capt. Daniel Sargent then arose & offered the following addi- tional Resolutions, which he read in his place, & which being seconded and presented to the Chair they were then read by the Moderator, & passed without debate. - viz.
Whereas the Inhabitants of the Town have expressed, in their Memorial to the Legislature of this State, their opinions on the aspect of our national affairs to the general system of Policy adopted by the National Government, [370] and whatever difference of opinion may have heretofore existed on these sub- jects, yet all men who value personal security and civil Liberty, must now concur in reprobating the arbitrary, unjust, & tyrannical provisions of the act passed on the ninth of this month, for en- forcing the Embargo Laws; and it is therefore expedient to declare more fully the sentiments & feelings of the Town on this subject ; And, Whereas, this act is in many respects repugnant to the Constitution of the U. States, the State Constitution, and to the fundamental principles of all free Governments ;
Inasmuch, as the enjoyment and use of our property, instead of being defined & protected by " Standing Laws" are subjected to the arbitrary will of the President, & to the caprice, the igno- rance or malevolence of Officers, who may be appointed by him, who are authorized to refuse to one Citizen what is permitted to another, and to interdict at one time what was allowable & lawful at another :
Instead of being "secure from unreasonable searches and seizures," we are exposed to the arbitrary power of those officers who, at their own discretion, or according, to secret instructions which they are bound to obey, are authorized to violate all our possessions, to seize any property which they may think fit to consider suspicious, and detain it untill bonds are given to any amount which they may choose to require.
[371.] An attempt is even made to deprive us of all remedy by having recourse to the laws and Courts of Justice, where if we complain of injuries committed under this act, by an officer of the United States, he is to be justified and defended not according to published and " Standing Laws " but by secret & changeable in- structions from the President .- By this act one Citizen is liable to be seriously punished for the conduct of another, with whom, he has no connection whatever, and over whom he has no control .-
Owners of vessels laden under the inspection of Custom house officers, with special permission of the Collectors, and the express sanction of the Laws are now treated as offenders, & subjected to heavy pecuniary penalties and losses, & are liable even to forfeit the whole, in consequences of a proceeding which was at the time lawful and justifiable .- When exposed by inevitable accident to the rigorous penalties of this aet, the citizen is required to excul- pate himself by a species of evidence, in many cases impossible to
245
BOSTON TOWN RECORDS, 1809.
be produced, and is then left to sue for mercy and pardon to the STAR CHAMBER decisions of an Executive officer. And finally, By this Act our property may be seized and detained by military force; thereby preventing a resort to the civil tribunals & laws of the Country, and destroying subordination of the military to the civil Authority; the standing Army & Militia may be employed for this purpose [372] by any petty officer empowered by the Administration, who may thus at their pleasure involve us in all the horrors of a civil war, or expose us to the more dreadful alternative of a Military Despotism.
Therefore Resolved, That we will not voluntarily aid or assist in the execution of the Act passed on the ninth day of this month, for enforcing the several Embargo Laws; and all those who shall assist in enforcing on others the arbitrary & unconstitutional provisions of this act, ought to be considered as enemies to the Constitution of the United States and of this State, and hostile to the Liberties of this People .-
Resolved, That the raising a large standing Army in a time of profound peace with the name and title of " Volunteers " for the purpose of enforcing Arbitrary & unconstitutional Laws, & the attempt to place the Military above the civil authority - though it cannot overaw or dismay this great & powerful People - yet must be considered as dangerous to Liberty & ought to call forth the most pointed disapprobation of all its friends .-
Resolved, That the example given by that veteran Soldier Gen1. Lincoln, & other undeviating Patriots, in resigning Offices in- tended to be prostituted to subserve the purposes of oppressing the citizens, and enforcing arbitrary edicts, ought to be imi- tated by all Public officers, and that the Inhabitants of this Town consider it an highly honourable [373] sacrifice of individual emolument to Public welfare. Voted, that these Resolutions be adopted by the Town and printed in the public Papers .-
attest William Cooper Town Clerk.
Voted, That the Thanks of the Town be given to Stephen Codman Esq Moderator of this Meeting for his good Services therein .-
Then the Meeting was Dissolved.
[374.] At a Meeting of the Freeholders and other Inhabi- tants of the Town of Boston, duly qualified & legally warned in public Town Meeting Assembled at Faneuil Hall, on Monday the 13th day of March Anno Domini 1809. 10 O'Clock A.M.
Prayer made by Revd. Mr. Cary .-
Warrant for calling this Meeting -- read .-
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CITY DOCUMENT NO. 115.
Sundry Laws or extracts of Laws to be read at this Meeting - were accordingly - read. --
Joseph Russell Esq.
chosen Moderator, by a hand Vote & took the Chair.
William Cooper
was chosen Town Clerk for the year ensuing & took the oath of Office, which was Administered to him by Charles Bulfinch Esq.
Votes having been brought in for nine Selectmen, counted & sorted, it appeared that the following Gentlemen were chosen. viz.
Charles Bulfinch Esq. Mr. Benjamin Weld
Mr Eben". Oliver, William Porter Esq
John May Esq. Jonª. Hunnewell Esq
Mr Nathan Webb Francis Wright Esq
Mr. Joseph Foster.
The Votes for a Town Treasurer & Collector of Taxes for the present year, being brought in & sorted, it appeared that William Smith Esq.
was chosen. -
[375.] The Votes being brought in for Overseers of the Poor, it appeared that the following Gentlemen were chosen - viz.
Edward Procter Esq. Henry Hill Esq
William Smith Esq. William Phillips Esq
Redford Webster Esq. Thomas Perkins Esq.
Mr. Samuel Snelling Samuel Clap Esq
Mr. Ozias Goodwin Mr William Mackay
Joseph Coolidge Jur. Esq. Mr Jos Richards
Mr Benjamin Goddard, having declined serving, it was Voted, That the Thanks of the Town be given him for his good services, while in that Office.
Thomas Melville Esq. Andw. Cunningham Esq. Thomas H Perkins Esq. Stephen Codman Esq. Mr Thomas Dennie
Joseph May Esq. Joseph Head Esq.
Gen. John Winslow
John Bray Esq. Gen Simon Elliot
Jona. Hunnewell Esq. Dan1. Messinger Esq Mr. Thomas Curtis Benja. Smith William Sullivan Esq. Joshua Davis Jur. Esq. Mr. Benjamin Coates Mr. Ignatius Sargent Mr. Samuel Sweet Capt. Barker Baker Bryant P. Tilden Esq. Mr. Edward Cruft James Phillips Esq Nathaniel Curtis.
were chosen Fire Wards for the year ensuing.
247
BOSTON TOWN RECORDS, 1809.
Voted, that in addition to the Selectmen 12 persons shall now be chosen a SCHOOL COMMITTEE & the Votes being brought in & sorted, it [376] appeared that the following Gentlemen were chosen viz
Rev Joseph Eckley D. D. Rev. J. T. Kirkland D. D. William Smith Esq. David Greene Esq Rev William Emmerson
Charles Davis Esq.
Dr. Thomas Welsh
Dr. Aaron Dexter Arnold Welles Esq
Hon. John Phillips Esq John Heard Esq John Davis Esq.
Voted, that the above named Gentlemen who conjunctly with the Selectmen are termed the School Committee, be and hereby are directed to carry the new System of Education which has been adopted by the Town, into operation, and said Committee are also, authorized - empowered conjunctly to manage & regu- late the Officers & the Government of the Schools & in future to execute all the powers relative to the Schools, & School Masters, which the Selectmen or such Committees were Authorized by the Laws of the Commonwealth or the votes of the Town to exer- cise - any former Votes of the Town notwithstanding.
Votes for a Treasurer of the County of Suffolk brought in & counted by the Moderator & Town Clerk when it appeared that the whole number was 247 & that they were all for Ebenezer Seaver Esq a discreet and suitable person, & a Freeholder & resident in said County.
Messrs. William Clouston Messrs. Thomas Christie William Green Joseph Stodder
John Butterfield Noah Dogget Edward Allen Benjamin White
Braddock Loring
William Ellison
John Rice Eleazer Homer
Nath1. Bradley Jur
Allen Bowker
William Ellison Jur Nath1. Glover
John Howe Jur
were chosen surveyors of Boards & Shingles. -
Messrs. Henry Purkett Mr. Thomas Barbour Capt. Lem1. Gardner James Uran
were chosen Cullers of Hoops & Staves for the year eusuing.
248
CITY DOCUMENT NO. 115.
Messrs. Joseph Doble
Messrs. Jonª. Cushing
Thomas Barbour James Eunson
Nath1. Howe John Smith
Benja. Clark Dan1. Cutter
Gershom Spear Charles Pook
Ziba Thayer
Hezekh. Hudson
were chosen Cullers of dry Fish for the year ensuing.
Messrs. Benjamin White Thomas Hearsey Jur. William Ellison
were chosen Fence Viewers for the year ensuing.
Messrs. Barney Connor Messrs. Israel Mead Jr.
John Deluce Joseph Cobbet
Rufus Harrington
were chosen Hogreeves for the year ensuing.
Mess Barney Conner Joseph Cobbet Rufus Harrington
Mess John Deluce
Israel Mead Jr.
were chosen Haywards for the year ensuing.
Meesrs. Sam1. Emmons Jas. Phillips
were chosen surveyors of Hemp for the year ensuing.
[378.] Messrs. Edwd. Tuckerman Josiah Snelling
were chosen surveyors of wheat for the Year ensuing.
Messrs. John Wells Richª. Austin
were chosen Assay Masters for the year ensuing.
The Selectmen
were chosen Surveyors of High Ways for the Year ensuing.
Messrs. Francis James Silas Francis
were chosen Inspectors of Lime for the year ensuing.
Voted, Joseph Russell Esq., Sam1. Brown Esq. & William Brown Esq.
be and hereby are appointed a Committee to audit the Accounts of the Town Treasurer, & also those of the Overseers of the Poor ; & the Board of Health, and said Committee are directed to report the sum necessary to be raised for the Services of the present year. -
249
BOSTON TOWN RECORDS, 1809.
Voted, That the consideration of all money matters be referred to May Meeting - Also any other matter which may remain unfinished at this Meeting. -
Jonathan Chapman Esq". having resigned his seat as a Selectman -
Voted, That the Thanks of the Town be given unto Him for his good & faithful services in that office for years past.
The Article in the Warrant -viz. "To appoint Agents or Attornies with Powers to carry into full [379] effect the Condi- tions of the Lease of the Old State House." -was read & con- sidered, Whereupon Voted That the Selectmen be and they hereby are appointed Agents & Attornies in behalf of the Town, with full powers to carry into complete effect the Conditions of the Lease of the Old State House. -
The Article in the Warrant viz "to adopt such measures as may be considered expedient relative to the Claim of Mr. John Leverett to part of the Land on which the Alms house stands "- read & considered - when it was Voted,
That the Selectmen be and hereby are authorized to make such settlement of the claims of the Heirs of Mr. Leverett to a part of the land on which the Alms House stands by compromise or otherwise as they may find expedient : and that if an extinguish- ment of said claims cannot be obtained upon equitable terms & the same should be adjudged valid in Law; they are hereby authorized to remove any part of said House, & repair the same at the expence of the Town .-
Voted that the Thanks of the Town be & hereby are given the Moderator of this Meeting, for his good services in dispatching the business thereof .-
Then the Meeting was Dissolved.
[380.] At a Meeting of the Male Inhabitants of the Town of Boston of 21 years of Age and upwards, qualified as the Con- stitution prescribes & legally warned in public Town Meeting Assembled at Faneuil Hall on Monday the 3d. Day of April Anno Dom. 1809. [10?] O'Clock A.M .-
Prayer. by the Rev. Mr. Holly .--
The Town Clerk informed the Meeting, that all the Gentlemen chosen Selectmen for the present year, had agreeable to a late
250
CITY DOCUMENT NO. 115.
Act of the General Court, qualified themselves for that office, by taking the following Oath - viz. "That they would faithfully & impartially discharge the duties of that Office respecting all Elec- tions & the returns thereof " which Oath was Administered to them by Mr. Justice Stevenson. -
attest William Cooper Town Clerk.
Warrant for Calling the Meeting. - read.
Paragraph of the Constitution or Frame of Government rela- tive to the choice of Governour, Lieut. Governours & Senators - was read .-
It was then declared by the Selectmen that no Vote shall be received, but such as are unfolded, and that they propose the poll to be closed at [blank ] O'Clock P.M. the Bells to begin tolling at [blank ] and to continue for an hour .-
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