USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1796 to 1813 > Part 2
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Adjourned to Monday Fortnight, being the 27. Inst. - 10 O Clock A : M :
Monday the 27. March, 10. O Clock; Met according to Adjournment
Mr Price resigns as a Selectman, whereupon
Voted that Ezekiel Price Esq. have the Thanks of the Town for his long & faithful services as a Selectman.
Judge Minot & Dr. Townsend resigned from School Commee. & had the Thanks of the Town for their good services a number of Years past.
The inhabitants having brought in their Votes for four Select- men it appeared that
Abiel Smith Esq. Mr. Jonathan Harris Capt. Joseph Howard Amasa Davis Esq.
were chosen.
[26.] The Votes brought in for one Fire Ward, when it appeared that Mr. Levi Lane was chosen.
On Motion for the choise of twelve tything Men, it was Voted, that the consideration of this matter be referred to the General Town Meeting in May next.
The Committee on the Petition relative to the Rope Walks at West Boston, have attended that service and beg leave to Report that the Assurance they have from the Proprietors in addition to the late Law "to secure the Town of Boston against Fires " makes it unnecessary for the Town to adopt any further measures respecting the said Rope Walks
Thomas Crafts per order.
The aforegoing Report having been read & debated-the Question was put, Whether the same shall be accepted-passed in the affirmative, and the Petitioners have leave to withdraw their Petition.
Two Deeds of Mr. Allen Crocker &c. were laid before the Town, said Deeds conveying to the Town a small piece of Land to enlarge Vincents Lane so called, conditioned, that the Street should be named Franklin Street, were referred to the Selectmen they to take such measures as they shall judge necessary.
[27.] The Committee appointed to consider the Petition of Asa Fuller & others for Lease of Lands on the Neck and whether
16
CITY DOCUMENT No. 115.
measures shall be taken for the improvement of the Land each side the Neck - and also what measures shall be taken to pre- vent the Water from overflowing the west side of the neck- and also what measures shall be taken respecting the contract and Lease made by the Town of part of said Land, with and to John May & others - ask leave to Report .---
That previous to a general disposition of the very valuable prop- erty of the Town, lying on each side of the neck, it is expedient that an accurate map of the same should be taken, and this they recommend, that the Selectmen should be requested to have exe- cuted immediately, and as the Committee have not had opportu- nity to ascertain the whole of the Land which is the property of the Town at the present time & of course are, not ready to sug- gest the most expedient & profitable arrangement which can be made of it, they ask leave to sit again, And in the mean time as it is not probable the Town can proceed to an immediate division and appropriation of the said Lands. - -
The Committee recommend that the Selectmen should be author- ized to continue the Lease of the Land occupied by Asa Fuller and others as a Candle Manufactory for the term of one Year and at the expiration of this Lease, that he be authorized to remove the Buildings erected by him and his associates on the said Land, - And that the Selectmen be further authorized to lease for the [28] term of one Year all other Lands belonging to the Town and lying on both sides of the Neck on Terms most advantageous to the Town, The Lessees to keep the fences in good repair, to guard and cultivate the Trees which are standing, and to supply those which are deficient, and in case the Town shall resume its rights to any part of the Lands within the Year, for the purpose of Streets or Building Lots a reasonable deduc- tion to be made for the same - With respect to the overflowing of the Water on the Nº. west side, the Commee are of [the opinion ] that the repairing of the wall now about to be effected by John May & others, the present Lessees, will be sufficient for the pur- pose - And the Commee. are of opinion that the Town should instruct the Selectmen to guard against, the continuance of a Slaughter-house which now stands on a Lot of the Towns Land, on the south side of the Neck, as they conceive the same to be injurious to the health of the Inhabitants.
William Eustis pr. Order.
The aforegoing Report having been read, and considered - the Question was put Vizt. " Whether said Report be accepted Passed in the affirmative - and the Commee have leave to set again. -
The Committee's, Report on the Petition of Henry Hill Esq. and others .-
[29.] Town meeting by adjournment March 27. 1797.
17
BOSTON TOWN RECORDS, 1797.
The Committee to whom was referred the Petition of Henry Hill & others, & who were also directed to Consider & report, what measures might with propriety be pursued, in order to protect the Inhabitants against Burglaries & Thefts, beg leave to Report.
That no late alteration has been made in the authority dele- gated to the Selectmen to establish the assize of Bread, and they do not find that it is necessary to adopt any measures, at present, on that subject.
Upon considering the Article in the said Petition which relates to the adoption of Hearses at Funerals, the Committee do not per- ceive any advantage, which will probably result from any resolu- tion of the Town upon that subject.
The gloomy pageantry, & Useless [parade ] founded in the manners and habits of the barbarous ages and hitherto adopted on the meloncholly occasions, have been gradually wearing away; and the Commee. are convinced, that the prudent reflections, and cool reasoning of a Republican, and enlightened Community, will much better produce the remedy wished for, than any positive regulations in the nature of Sumptuary Laws.
As to all other matters mentioned in said Petition, the Committee are happy to Report, that the [30] Laws now in being, including the by laws of the Town, are amply sufficient if they are duly executed, to remedy every evil complained of .-
Under this idea, and upon all the other matters referred to them, the Committee ask leave to submit a general Report for the Consideration of the Town .- that there is a necessity to establish some easy, prompt, respectable, and expedient manner of trying causes, and inflicting punishments, in order to render the Inhabitants secure from the depredations of evilly disposed, idle, and vagrant Persons, and in order to carry the wholesome Laws against monopolies, forestalling, nuisances, frauds, and cheats of every description, as well as the good and well adapted by laws of the Town into effectual Execution. ---
A very great proportion of the offences, with which the Town are now alarmed, cannot, under the Constitution of the Common- wealth, be tried by a Justice of the Peace .- The Court of Sessions is holden but once in a quarter of an Year, and the Emoluments of the Office of a Justice of the Sessions, are not such as will induce Men to spend time in order to obtain that information in matters of, Jurisprudence, which is necessary to an effectual energetic, execution of the Laws .-
Besides this, the mode of Prosecution is so prolix & dilatory, that the Prosecutor is a sufferer in many instances, nearly equal to the person prosecuted.
18
CITY DOCUMENT No. 115.
The expence of holding Prisoners for trial, and the impractica- bility of detaining Witnesses, are great discouragements to those who attempt to enforce [31] the Execution of the Laws, and as great encouragements to those who violate them, and who by these means frequently escape with impunity.
The Committee are therefore of opinion that the Town ought to appoint Agents to Petition the Legislature, for the purpose of obtaining an Act, for establishing a Court for the Town of Boston, to be holden by one able and discreet Judge, appointed according to the Constitution by the Supreme Executive, on the first Monday in every Month, with power to adjourn from day to day-and that the same Court shall have cognizance of all offences, and crimes committed within the Town of Boston to which a capital punishment is not annexed,-And shall have power also, to try all offences against the By Laws of the Town, -frauds, deceits, monopolies, forestalling, regrading [regarding ?] thefts, nuisances, and breaches of the Peace.
And also, to enquire into and execute the Laws against Vagrants, and those against Lewdness, Bawdy houses and other disorderly places, and to possess such Powers as the Legislature from time to time, shall think proper to invest the same Court with. - that the said Court shall have power to summon a petit Jury, where the Constitution and Laws shall render it necessary. And for the ease of the Citizens of the Town, that the standing grand Jurors annually chosen shall be increased so as that the whole number within the Town may be fifteen, and that they may be summoned at the Town Court, and be there impannelled as a Grand Jury, with all the Powers incident to that body, by the Constitution & Laws.
[32.] That the Town be authorized to choose an advocate annually, who shall have power, and whose duty it shall be to receive Complaints, draw bills, file informations, and conduct prosecutions, in the Court according to the Laws, in being, By Order of the Committee.
Ja Sullivan Chairman
The aforegoing Report having been read was approved of and accepted by the Town-also
Voted that the Committee who made this Report Vizt.
Honble. James Sullivan Esq. Honble. John Coffin Jones Esq. Henry Hill Esq. Honble. Benjamin Austin Junt. Esq.
Honble. George Richd. Minot Esq. Arnold Wells Jun". John Lowell Junt. Esq.
19
BOSTON TOWN RECORDS, 1797.
be, and hereby are appointed the Committee or Agents to Petition the Legislature for obtaining an Act to affect the purposes men- tioned in said Petition.
Committee relative to Bakers Reported, & their Report was not accepted - but on Motion it was Voted, to be the sense of the Town that the Assize Law on Bread be repealed, and that in future Bread be sold by weight. -
On Motion Voted, that the Selectmen be requested to insert an Article in the Warrant for next Town Meeting to take the sense of ye. Inhabitants on the expediency of having at all future Elections [33] a list of all the qualified Voters belonging to the Town.
On Motion Voted, that
All Matters unfinished at this Meeting be referred over to May Meeting, then to be acted upon & that this Meeting be adjourned to said Meeting.
Voted, that the Thanks of the Town be given to the Honble. Thomas Dawes Esq., the Moderator, for giving such dispatch to the Business of this Meeting.
[34.] At a Meeting of the Male Inhabitants of the Town of Boston, of twenty one Years of Age & upwards, qualified as the Constitution prescribes, and legally, in public Town Meeting Assembled at Faneuil Hall, on Monday the 3d. Day of April, Anno Domini 1797.
Prayer by the Revd. Doctor Thatcher D : D :
Warrant for calling Meeting - - read
Paragraph of the Constitution, or Frame of Government relative to the choice of Govr., Lieut. Governor, and Senators - - read.
It was then declared by the Selectmen that no Vote would be received but such as were unfolded, and that they propose the Poll shall be closed at half past 1. O Clock, the Votes to be . received at the Table, -and the Bells to begin tolling at 1. OClock.
Persons Voted for as Governor, with the number of Votes for each Person - Vizt.
His Honor Moses Gill Esq.
869
Honb. Increase Sumner Esq. - 1054
His Excellency Samuel Adams Esq. -
1
Honbl. James Sullivan Esq. 27
Honbl. James Bowdoin Esq. 1
Honb. Elbridge Gerry Esq.
1
Honbl. Thomas Dawes Esq.
1
20
CITY DOCUMENT No. 115.
[35.] Persons Voted for as Lieut. Governor with the num- - Vizt. ber of Votes for each Person -
His Honor Moses Gill Esq. - 1062
Honble. James Bowdoin Esq.
788
Honb. Samuel Phillips Esq.
8
Honb. Increase Sumner -
63
Honbl. James Sullivan -
7
Mr. John Barret -
1
Honble. William Heath -
6
Honb. Elbridge Gerry
1
Charles Jarvis Esq. -
1
Jonathan Mason Esq.
1
Persons Voted for as Senators for the County of Suffolk with the number of Votes for each Person Vizt.
Honbl. Thomas Dawes Esq. 1132
Honbl. Oliver Wendell Esq.
1918
Honb. Benjamin Austin Esq. - 823
11
Honble. James Bowdoin Esq.
808
Jonathan Mason Esq.
- 1845
William Eustis Esq.
50
Honb. John Coffin Jones
1117
Charles Jarvis Esq. -
12
John Sweetser Esq.
13
Arnold Wells JunT.
2
John Duggan John Magnor
9
William Little Esq.
2
John Codman Esq.
1
Samuel Brown Esq. -
2
John Winthrop Esq.
2
Thomas Edwards Esq.
1
[36.] Attested Copies of the Persons Voted for as Gover- nor, Liet. Governor, & Senators for the County of Suffolk were committed to the Secretary of the Commonwealth & the Inclosures sealed up in Town Meeting subscribed as follows Vizt. For John Avery Esq. Secretary of the Commonwealth of Massachusetts.
The number of Votes for the Town of Boston for a Governor, Liet. Governor, & four Senators for the County of Suffolk; Cer- tified within and sealed up in Town Meeting.
Then the Meeting was Dissolved.
[37.] At a Meeting of the Freeholders & other Inhabitants of the Town of Beston duly qualified, & legally warned, in pub-
-
7
Honb. Theops. Cushing Esq.
21
BOSTON TOWN RECORDS, 1797.
lic Town Meeting Assembled at Faneuil Hall on Thursday the 11th. Day of May, Anno Domini 1796, 10 oClock A. M.
Prayer was made by the Revd. Mr. Elliot
Warrant for calling the Meeting - - read
That part of the Constitution or Frame of Government which relates to the choice of Representatives - - read.
Sundry Laws to be read at said Meeting were accordingly (or parts of them) - - read.
The Town having determined by a Vote, to choose Seven Rep- resentatives to Represent them in the General Court of Massa- chusetts, to be held in the State House in Boston, on the last Wednesday of May Current, agreeable to the Constitution or Frame of Government for Massachusetts, -the Inhabitants were directed by the Selectmen to withdraw & bring in their Votes, for Seven Representatives, and then it was declared by the Select- men that no Votes would be received but such as are unfolded, and that they propose the Poll shall be closed at half past one OClock ; the Assessors to attend at the delivery of Votes, & the Bells to begin tolling at 1 OClock, & continue tolling to the time half an Hour is expired
[38.] The Votes being brought in for Seven Representatives, the number of the same were found to be 1582, and upon sort- ing them it appeared, that the following Seven Gentlemen had obtained a majority of Votes - - Vizt. Votes.
William Eustis Esq. -
1568
William Little Esq. - 1199
John Codman Esq. - 1315
Joseph Russell Esq. - - 1564
Samuel Cooper Esq. -
896
Mr. William Smith - 939
Mr. Arnold Wells Esq ..
931
The Votes, given in for such as did not obtain a Majority - Vizt.
Votes.
Perez Morton Esqr.
586
Samuel Brown Esqr.
637
Honble. James Bowdoin Esqr.
645
George Blake Esq". -
545
The scattering Votes as follows Vizt.
Thomes Edwards Esq.
72
Russell Sturgis Esq.
8
Henry Hill Esq.
3
David Green
5
22
CITY DOCUMENT NO. 115.
William Parsons -
5
Thomas H. Perkins
3
Samuel Cobb -
5
David Tilden
3
Joseph Head -
2
Peter Smink
2
David Townsend - William Brown
2
[39.] John Duggan - -
1
Jonathan Mason Esq.
1
John Winthrop Esq.
2
Charles Jarvis Esq. -
2
Aaron Dexter Esq.
1
Joseph May
1
Stephen Higginson Esq.
2
Stephen Gorham Esq.
1
Charles Vaugn
1
Daniel Sargeant -
1
William Cooper
1
William Spooner -
1
R. Amory -
1
John Sweetser
1
Andrew Oliver
1 1
Joseph Eaton
1
Nath1. Balch
1
Thomas S. Boardman
1
Daniel Messenger
1
Adjourned to 3 OClock P :M :
3 0. Clock P. M. Met according to Adjournment.
The choice of Representatives being over and declared by the Selectmen.
The Honble. Thomas Dawes Esq.
was chosen Moderator of this Meeting, in order that the Town may proceed on transacting the other affairs mentioned in the Warrant - the Adjournment of March Meeting being to the same time & place of [40] this Meeting in order to choose Tything Men, if the Town Judge Proper.
On Motion Voted, that when this Meeting is adjourned it shall be to Monday next - & the business of the Adjournment pub- lished in all the News Papers for information of the Inhabitants.
And the Meeting was accordingly Adjourned to Monday next, being the 15th. Inst. 10 OClock A. M.
Deacon Boardman
3
23
BOSTON TOWN RECORDS, 1797.
Monday May 15 1797. 10 OClock A. M. Met according to Adjournment.
The Votes, being brought in for two selectmen it appeared that.
Benjamin Austin Jun". Esq. Ebenezer Hancock Esq.
were chose Selectmen for the Year ensuing.
The Votes being brought in for two School Committee Men - it appeared that -
David Green Esq. Revd. John T. Kirkland
were chosen.
The choice of Tything Men referred to March Meeting.
The Article in the Warrant Vizt., To take the sense of the Town on the expediency of having at all future Elections a List of all the qualified [41] Voters belonging to the Town " was read & considered whereupon
1st. Voted, That the Assessors be, and they hereby are directed to furnish the Select-men annually, and forty days at least before the first Monday in April, with a list of all the rateable Polls within the town, noting in said list, the names of all those per- sons who have had their taxes remitted.
2ª. Voted that it shall be the duty of the Selectmen to cause to be made out annually, and ten days at least before the first Monday in April, and to have present at every town meeting convened for the election of Governor, Lt. Governor, Senators, & Representatives in the General Court, Representatives in Con- gress, and Electors of President & Vice President of the United States ; a fair and Alphabetical list of all the Inhabitants of the Town, being Citizens, who by the Constitution and Laws of this, and the United States are qualified to Vote at such Elections.
3ª. And in order to ascertain what constitutes qualified as such to vote at such election, it is understood first, that he was born in this, or some one of the United States and has not since become a Citizen or Subject of any foreign State or Kingdom ; secondly, that he has usually [resided] in this, or some one of the United States, from the time of the declaration of American Independence, or thirdly, that he has been naturalized according to law.
[42.] 4th. Voted, that no Person whose name shall not be contained in the before mentioned list shall be entitled to give in his Vote, unless he shall first produce satisfactory evidence to the Selectmen that he is duly qualified, and after receiving such satis-
24
CITY DOCUMENT NO. 115.
factory evidence, the Selectmen shall receive his Vote, and enroll his name on the list.
5th. Voted that the Town Clerk shall publish the foregoing Votes in the public news papers of the week next preceding the first Monday in April, until the further order of the Town.
The Article in the Warrant Vizt. "To consider what meas- ures shall be taken with regard to watching the Town" - read and committed for consideration to
William Eustis Esq. Perez Morton Esq. Colº. Revere Colº. Winslow
to report thereon at the Adjournment.
The Petition of Aaron Jaquish & Abraham French -read & Committed to .-
Colº. Proctor Majr. Russell Majr. Melvill
to consider & Report thereon at the Adjournment.
[43.] The Petition of Mr. Samuel Hunt Master of the Latin Grammar School that an allowance may be made him for House Rent - read & referred to the School Committee
Petition relative to out Door Auctions read & committed to -
Deacon Brown Joseph Russell Esq. Colº. Proctor
to consider, and Report thereon at the Adjournment.
The Article relative to fixing Sign Posts at Corner of Streets, Lanes & with the Name of such Streets -read & referred for consideration - to the Committee relative to Out Door Auc- tions &
Voted, on Motion that
Dr. Nathaniel Noyes John Andrews Esq. Mr. Samuel Whitwell Majr. Bradley Colº. Revere
be a Committee to view & consider the State of the Fish Mar- kets - & Report thereon at the Adjournment .-
The Committee to Audit the Town Treasurers Accounts have attended that service and Report, they find the Accounts well vouched, and right cast. that there was due to the Town the 30th.
25
BOSTON TOWN RECORDS, 1797.
April Ultº. if the out standing Debts can [44] be collected, exclusive of $17382.74 appropriated
to build a new alms house $33230.53.9
c. m.
from which deduct, Town Powder 1041.94.5 E. Brown 41. 11. 2 Accot.
Int. 1601.97.1 Rents 76 - 1719.8.3 & for Abat. & Collectors on 96 Tax say - 5.000. 7761.2.8
which reduces the bal. to
25,469.51.1
There is due from the Collector on '96 Tax Vizt
Thomas Bayley 13314.46
Benja. Henderson
11230.16
Benja. Jepson -
13462.25
Jas. Thompson
13048.84
$51055.71
Your Committee are of opinion the following are the necessary Sums wanted for the Current Years expences Viz. - -
$10000 -
- for School Masters & Ushers
1000 - to repair Schools, Wood & &c
3000 - for Watchman, Candles & Coal,
2700
- Assessors pay & allowances
4000 - Lamps Oil Lighters &c
666 Town Clerks Salary
666 - - Town 'Treasurer do.
300 - Messenger to Selectmen
33 - Clerks of the Market
150 - - Constables Services
50 - Reparing Clocks
50 - Premiums to Engine Men
275 - - Printing & Stationary
300 Ringing Bells
7000 - Paving Streets
6000 - - Incidental Charges visits. Schools &
r 16600
- Overseers drafts
deduct what may be recd. for
47.390
States Poor suppose
3.390 - - $44.000
[45.] Your Committee recommend that a Tax of 44.000 be laid for the present Years Expences - they annex the Treasurers General Account and a tryal balance of his Books. all which is respectfully submitted by your Committee. -
Herman Brimmer Joseph Russell Jun". Samuel Brown
26
CITY DOCUMENT NO. 115.
The aforegoing Account having been considered - the Ques- tion was put - Whether the same be accepted - Passed in the Affirmative. -
Voted, that the Sum of Forty thousand Dollars be raised by a Tax, to be assessed on the Polls & Estates of the Inhabitants of the Town to defray the Expences of the Current Year.
Voted, that the Sum of Six hundred sixty six Dollars be allowed, and paid unto Samuel Clap for his Services as Town Treasurer the present Year the same to be paid him quarterly as it shall become due & to commence the 1st. March last. -
Voted, that the Sum of Six hundred sixty six Dollars be allowed & paid unto William Cooper for his services as Town Clerk the present Year, the same to be paid him quarterly, as it shall become due, and to commence the 1. March last.
Voted, that the Sum of Four hundred & thirty three Dollars be allowed to each of the Assessors for their respective services the present [46] Year the same to be paid them Quarterly as it shall become due & to commence the 1st. March last
Adjourned to Friday the 26. Inst. 10 Clock A : M : -
Friday the 26 May Inst., Met according to Adjournment.
The Committee relative to Out Door Auctions & placing Sign Boards at the heads of Streets Reported -
That directions at the Corners of Streets, will be public Utility, & to reduce the multiplicity of Names, by calling a Street by one name only, till it terminates by some boundary, will render the direction less complex, & to make it easy to find the Store or Dwelling of any Inhabitants it will be necessary to number the Buildings from left to Right in relation thro each Street.
This part of the Report accepted by the Town & it was Voted, that the consideration of what relates to Out Door Auctions - subside
The Committee relative to Fish Stalls, Report. That they think it highly necessary for the safety & health of the Inhabi- tants, that no more Fish shall be exposed for sale in the Stall usually improved for that purpose. in Market Square, but that the Stalls be immediately shut up (the Salmon Stall included) .- After consideration it was Voted that this Report be accepted, also that it is the sense of the [47] Town not to provide places for Fish Stalls. -
The Committee on Ms. Jaquish & French Petition for the
27
BOSTON TOWN RECORDS, 1797.
restoration of the Towns part of Powder seized - read and con- sidered, whereupon Voted, that the Petitioners have leave to withdraw their Petition. -
The Selectmen a Committee on Mr. Samuel Hunt Petition, Reported that his Petition would be considered, when the other Salaries of the School Masters are to be taken up.
The Votes being brought in for four Constables, when it appeared that.
Messrs. Henry Cromston Samuel Gridley Andrew Townsend Uriah Moss.
were chosen.
Voted, that all matters unfinished be referred over to the next General Town Meeting that shall be called. -
Voted, that the Thanks of the Town be given to the Honble. Thomas Dawes Esq., the Moderator for his good Services in the dispatch given the business of this Meeting. -
Then the Meeting was dissolved.
[48.] 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 Thursday the fifteenth Day of June A.D. 1797., 10 O Clock A. M.
Warrant for calling Meeting - read.
Honble. Thomas Dawes Esq. chosen Moderator by a hand Vote. The Article in the Warrant, Vizt. to consider the request of a number of the Inhabitants that the opinion of the Town may be taken as to the propriety and expediency of applying to the General Court, in this present Session, requesting them to repeal the Law entitled an Act to secure the Town of Boston against damages by Fire, passed the last General Court " was read & considered, - whereupon
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