USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1796 to 1813 > Part 4
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No Inhabitants of the Town of Boston [shall] be permitted to occupy any stall or stand within the Market Square unless he shall contract in Writing with a penality annexed, with the Clerk of the Market by Permission of the Selectmen, that he nor any acting under him shall not expose for sale at such place any Articles except Beef, Pork, Mutton or Veal. -
When any Person holding or occupying a Stall or Stand if found guilty of buying any Articles of Provisions within the Town of Boston to sell again at an advanced Price within the Market Square or in the Town he shall no longer be permitted to hold any Stand or Stall within the Square.
The Streets within the vicinity of the Market & leading to said Market shall not be encumbred with Stalls, Wheelbarrows Benches or any other vehicle for the accommodation of selling any Article or Articles whatever, whether Provisions Bread or any kind of Merchandize : and the Officer or Officers of Police shall cause to be removed all such obstructions should any occur as speedily as possible.
Sellers of Meat Vegetables Fruit or any Article [7] of Pro- visions, shall not be permitted to continue in the Market Square for the Sale of any Article whatever after two of the Clock in the
43
BOSTON TOWN RECORDS, 1798.
Afternoon except on Saturdays the Days preceding Fast, Thanks- givings and Christmas -This Regulation is recommended that the Clerk of the Market may have time to cleanse the same of all those Substances which have a Tendency from Putridity to injure the Health of the Citizens.
6th. Wheelbarrows of any kind Hand Sleds or Hand Carts or any other Vehicle of Conveyance shall not be suffered to stand in Market Square for the sale of any Article except such as are excepted in the 5 Paragraph.
7th. The Horses & Carts shall not be permitted to stand in Mar- ket Square for more than half an Hour after their Arrival in said Square.
8th. The Clerk of the Market by Order of the Selectmen shall put the Laws in execution against Persons who may presume to expose for sale small Meats, of any kind blowed or wounded and if experience shall render it necessary, the Officer or Officers of Police shall aid him in the same.
9th. The Committee recomend that a Bell be provided and erected in the Cupola of Faneuil Hall to announce the oppening and clos- ing the Market House which Bell shall strike at six of the Clock [78] in the Morning from the first of May to the first of October ; and at eight of the Clock in the Morning from the first of October to the first of May -Those Hours to be fixed for opening the Market House. At two of the Clock P.M. through out the Year the Bell shall announce the closeing of the Market .-
The Market House shall instantly be shut and within half an Hour after the Market place shall be cleared of every Article of whatever description or Name.
And any Person presuming to tarry after the time specifyed in the fifth Article for the sale of any Article therein mentioned shall not afterwards be admitted to hold a Stall or Stand in the Mar- ket Place.
The Clerk of the Market shall be ordered by the Selectmen to put into full force the By Laws of the Town as they relate to the Market so far as necessity requires.
The Committee recommend that the Selectmen be requested to give instructions to the Officer or Officers of Police and the Clerk of the Market with a Copy of the foregoing Regulation with Orders to put the same into execution from & after the first Day of June next. And it is recommended that the same be published in ye. several [9] News Papers of this Town for the informa- tion of all whom it may concern. Thus far your Committee have
44
CITY DOCUMENT NO. 115.
proceeded, they have endeavoured to collect the Ideas of observ- ing Citizens upon which with other enquires. and their own obser- vation this Report is founded.
Your Committee are further of opinion that as old Customs are not soon departed from the Business of a Reform in the Market may be entered upon with deliberation attended with improvement and pursued with firmness untill a Reform wished for by every good Citizen shall be accomplished & therefore recommend that a Committee be appointed therefore who shall Report to the Town as Circumstances require and opportunity may permit what further Regulations may be expedient.
John Vinal P. Order.
The aforegoing Report having been read & considered was approved of & accepted by ye. Town, and the Committee are desired to Report from time to time any further Regulations they may Judge needful for the benefit of ye. Inhabitants.
The Committee Report relative to Fish Stands.
The Committee appointed by the Town to Consider what meas- ures can be adopted to accommodate [80] the Fishermen with Stands for the disposal of their Fish agreeable to their Petition, have attended the Business and the only Eligible situation they can find is at Pitts Wharfe over the Creek which they are sorry to find does not meet with the Approbation of the Petitioners They therefore must submit the business to the Town whether they will afford them a Stand in their Old situation near the Vegetable Stall which your Committee cannot by any means recommend.
Boston May. 1798.
Jnº. Andrews Paul Revere.
The aforegoing Report having been read and considered was accepted by the Town.
The Inhabitants having brought in their Votes for three Selectmen it appeared that
Mr. William Porter William Sherburne Ebenr. Oliver
were chosen.
Article in the Warrant Vizt. To consider what measures shall be taken relative to the Towns Land on the neck was read - whereupon
Voted, that the Selectmen lease the Lands as usual .-
[81.] Adjourned to Tuesday next being 22d. Inst. 10 OClock & the Selectmen were previously desired to advertize in
45
BOSTON TOWN RECORDS, 1798.
the Public Prints that all Money matters would then be taken up and acted upon by the Town.
Tuesday May 22d. 1798 10 OClock Met according to Adjourn- ment.
The Committee appointed to consider and report upon the re- quest of the Aqueduct Corporation beg leave to Report that they have attended their Duty in that respect and are of Opinion that the said Corporation be allowed the Privilege of securing by booming their logs on such part of the beach at the foot of the Common and for such a Period of time as the Selectmen in their discretion may appoint. But that it is not expedient to suffer any building to be erected or continued on the Towns Land there lying for boring Logs or for any other purpose whatsoever.
The Committee further beg leave to Report that as it respects a grant or Lease of a piece of Land Forty feet square on Fort Hill for a Reservoir they have examined the same and are of opinion that the Selectmen of this Town are the best Judges of the Expediency and if expedient of the manner conditions & limits of such Grant or Lease [82] and that the same be referred to them with full Powers to decide & act accordingly.
P. Order. Josiah Quincy Chm
The aforegoing Report having been read & considered was accepted by the Town also
Voted, that tho it is inexpedient that the building erected by the Aqueduct Corporation at the bottom of the Common for boring their Logs should be continued, Yet as the same is now erected and it will occasion great delay in their Works to erect another this season, the Selectmen are impowered to allow the same to be continued for a term not exceeding one Year from this Day upon the said Corporation giving bond to the Town Treasurer to the Acceptance of the Selectmen in the Sum of five thousand Dollars conditioned to remove the same building at the end of said Term or sooner if the Selectmen shall order the same to be removed and to pay such Sum for the privilege as shall be Stipulated in said Condition to take such measures as shall be contained in the same condition to save the Interest of the Town harmless from any injury in consequence of improving the same building for the purpose for which it is erected.
Mr. Oliver having excused himself [83] as a Selectman the Votes being brought in for one Selectman it appeared that
Mr. John Tileston
was chose Selectman for the Year ensuing.
On Representation of the Assessors praying that the Town
46
CITY DOCUMENT NO. 115.
would grant them the same for their servises for the Year 1797. as they did the preceeding Year 1796.
Voted, that an allowance of One hundred Dollars be made each of them for the Year 1797 on Account of the rise of Provisions.
The Committee Appointed to Audit the Town Treasurer Account have Attended that service & Report they find the Accounts well Vouched and right cast. That there was due to the Town the 30th. April Ultº. by the Books Exclusive of the Money appropriated for building a new Alms House $17382.74 say - $34211. 67 . 6
From which deduct Towns
Powder -
1041 - 94
E. Breens debt 41 - 11 - 2
Interest Account - 2672 - 6 -1
Rents outstands. -
13 - 33
Abatements on 1797. Tax - 2000
Collectors Premium -
3600
9368 - 44 - 8
Which reduces the Balance to 1 $24843 - 22 - 8
[84.] There is due from the Collectors on 1797. Tax Viz.
Thomas Bayley - 10338. 30
Benjn. Henderson
8342. 58
Benjn. Jepson - 9877. 77
James Thompson
9668. 24
Cents. $38226. 89
The following Sums are necessary for the Current Years Expences Viz.
School Masters & Ushers
$10000
repairing Schools & Wood -
1000
Watchman Coals Candles &c. -
3000
Assessors Pay &c.
2700
Lamps Oil light®. &c.
4000
Town Clerk Salary -
666
Treasurers D°.
666
Messenger to Selectmen
300
Constables Services
150
Clerks of Market -
33
Repairing Clocks -
50
Prem. to Engine mends. 2 new Engine
750
Printing
250
Stationery -
69
ringing Bells
300
Paving Streets
7000
47
BOSTON TOWN RECORDS, 1798.
Incidental Charges visit&. Schools
1000
Overseers Drafts
16000
$48600
From this deduct what may be
recd. from the State for the States Poor $ 4600
$44000
[85.] Your Committee are of Opinion that a Tax of $50000 ought to be laid to defray the expences of the Current Year They annex Gen1. Account of the Treasurer and a tryal Ballance of his Books-Your Committee recommend that the Town desire the Selectmen to procure a Book and order the Town Clerk to keep Accounts agreeable to the Appropriations as above and in their Drafts on the Treasurer it will be proper to designate the Appropriation ; they also Recommend that the Treasurer be ordered to Open as many Accounts in his Books as will conform to said Appropriations & charge each agreeable to the Selectmen's Drafts -so that in future the Town may know which & how much they fall short of the Sums granted.
Your Committee see no prospect of the old Notes being paid off owing to the backwardness of paying taxes, there is now due $38226-of the Forty Thousand Assessed for 1797. which will only come in to pay the Selectmen & Overseers Drafts for 1798 therefore the Town is one Year in Arrears and unless the Inhabitants can be induced ( by a Premium or otherways ) to make prompt payment of their next Tax the Notes must remain unpaid they Amount to $11506 exclusive of Interest, All of which is respectfully submitted
Herman Brimmer Joseph Russell Jun" Samuel Brown
[86.] The aforegoing Account having been considered - the Question was put Whether the Report be accepted- Passed in the Affirmative.
Voted, that the Sum of Fifty 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 and paid unto William Cooper for his services as Town Clerk the
48
CITY DOCUMENT NO. 115.
present Year the same to be paid him Quarterly as it shall become due & to commence from the 1st 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 Year the same to be paid them quarterly as it shall become due & to commence the 1st March last.
Voted that the Sum of One hundred Dollars be allowed to each of the Assessors the present Year on Account of the rise of Provisions.
[87.] The Overseers of the Poor who were appointed by the Town at their Meeting on the 12 inst to confer with the Committee for building an Alms House & have attended to that service and ask leave to Report the following Statement.
They find the Sales of Eleven Lots of Land which were sold by the Town for the above mentioned purpose to amount to Fifty Eight Thousand Eight hundred Dollars - The Interest on public Stock purchased and Rent received by the Committee two thousand five hundred & fifty one Dollars & twenty eight cents deducting from these Sums twenty three thousand eight hundred & fifty Dollars which are not payable agreeably to the terms of sale untill possession is given to the Purchasers, there remains Thirty seven thousand five hundred & one Dollars & twenty eight Cents to the Credit of the Town - Of this Sum the Committee have appro- priated as follows. - for the Purchase of Land of Messrs. Bourn. Woodward & Phillips on which to erect the buildings ; eleven thousand one hundred & ninety nine Dollars and ninety nine Cents. - for Lumber and the expences thereon seven thousand two hun- dred and twenty seven Dollars and twenty four Cents ; for the pur- chase of twenty thousand Dollars in the 5} P Cent funds sixteen thousand Dollars five Cents, the balance, which is three thousand & seventy four dollars, & five cents, now rests in the hands of the Town Treasurer subject [88] to the order of the Town -The Overseers wou'd observe the numbers now in the Alms House exceed any former Years and that the buildings are in a most ruinous state and from the imperfections of the present accom- odations it has not been in their power to enforce agreeably to their wishes that Order and regularity so necessary in such insti- tutions ; under all these disadvantages they are however happy to say, that by the strictest Attention to Diet & Cleanliness, they have been enabled to preserve among the Inhabitants of the House for several Years past as great a degree of Health as has been enjoyed in proportion to numbers in any part of the Town. To complete the buildings necessary for the accomodation of even the present numbers (without calculating for the probable in- crease) on a scale that will be advantageous & honorable to the Town, it must be apparent to every one who will take the trouble
49
BOSTON TOWN RECORDS, 1798.
to calculate, will require with all the economy that can be exer- cised, a considerable additions of Funds beyond what are now at the command of the Committee, and the Overseers cannot refrain from observing that in their opinion the Committee have consulted the true Interest of the Town in suspending the execution of their Plans while labour & Materials continued so extravagantly high as even at the present time a very important saving has been [89] realized thereby. Altho the Overseers have been for sey- eral Years exceedingly anxious, that a more commodious House should be provided, and have with pleasure anticipated that the accommodations contemplated by the Town for our indigent and enfeebled citizens wou'd probably be in great forwardness in the course of the ensuing season Yet at the same time they consider it wou'd be highly injurious to the Interest of the Town to com- mence the work untill there is a certainty of being able without delay to progress so far as to render it habitable, and as the funds now provided are insufficient for that purpose they therefore sub- mit to the superior wisdom & consideration of the Town to deter- mine whether it is most expedient to endeavor to struggle another Year with the difficulties they now experience or to make a further appropriation of Monies & enjoyn the Committee to carry their Plans into effect without loss of time. - The Overseers wou'd only add that the numbers now in the Alms House only are 352. and have been regularly increasing it is therefore their Opinion that the new House ought to be calculated to contain 500 at least.
P. Order Edward Proctor Chmr.
The aforegoing Report having been read & considered, was ap- proved of and accepted by the Town.
[90.] Voted, that all matters unfinished be referred 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. -
[91.] 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 Wednesday the 4th. Day of July A :D 1798.
Warrant for calling the Meeting - - read.
William Cooper was chosen Moderator.
50
CITY DOCUMENT No. 115.
The Committee appointed the last Year to make choice of a Gentleman to deliver an Oration on the Anniversary of Indepen- dence.
Reported - That they had made choice of Josiah Quincy Esq. who has accepted.
On Motion Adjourned to the Old South Church - when agree- able to the information of the Chairman of the Selectmen.
AN ORATION
to commemorate the Independence of the United States was de- livered by Josiah Quincy Esq. at Old South Church.
On motion Voted that the Selectmen [92] be and hereby are appointed a Committee to wait on Josiah Quincy Esq. & in the name of the Town to Thank him for the elegant & spirited Oration this day delivered by him at the request of ye. Town upon the An- niversary of the Independence of the United States of America, in which according to the Institution of the Town, he considered the feelings, manners & 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 & hereby are appointed a Committee to apply to some one able & learned Gentleman to deliver an Oration on the 4 July AD. 1799. that Day being the Anniversary of the Independence of the United States of America ; wherein the Orator is to consider the feelings manners and principles which led to this great National event as well as the important & happy effects whether general or Domes- tic which have already or will for ever flow, from that auspicious Epoch.
Then the Meeting was dissolved.
[93.] 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 5 Day of November Anno Domini 1798. 10 OClock A :M -
Prayer made by the Revd. Dr. Walter.
Warrant for calling Meeting - - read.
Paragraph of a Resolve of the General Court for the choice of one Representative for the first Middle District - read.
It was then declared by the Selectmen that the Poll would be closed at & past 1. OClock the Bells to begin tolling at 1. O Clock.
51
BOSTON TOWN RECORDS, 1798.
Persons Voted, for as a Representative of the 1st. Middle District of this Commonwealth in the next Congress of the United States Viz.
Votes.
Honle. Harrison Gray Otis 1726
Honle. William Heath Esq.
936
William Eustis Esq. - 3
A declaration was made by the Selectmen of the Persons Voted for as Representatives of the 1st Middle District. -
[94.] Attested Copies of the Persons Voted for as above were sealed up in Town Meeting & delivered to the Sheriff of this Commonwealth by the Town Clerk superscribed as follows Viz. For John Avery Esq.
Secretary of the Commonwealth of Massachusetts.
The Town made choice of
The Honbe. Thomas Dawes Esq.
as Moderator of the Meeting to transact the matters mentioned in the Warrant.
Adjourned to to morrow Morning 10. OClock.
Tuesday November 6. 10. OClock AM. Met according to Adjournment. -
The Article relative to the Old State House was read, & com- mitted for consideration to. -
William Eustis Esq. Samuel Brown Judge Minot William Smith Thomas Edwards Esq.
to Report at the Adjournment.
[95.] The Petition of William Powell Esqr. & others rela- tive to cleansing & filling up Docks & was read & committed for consideration to .-
William Powell Esq. Stephen Gorham William Thompson Samuel Parkman John Codman John Andrews Josiah Quincy John Coffin Jones Mr. James Perkins Aaron Dexter William Eustis Esq. to Report thereon at the Adjournment.
52
CITY DOCUMENT NO. 115.
The Petition of Amasa Davis Esq. Quarter Master General relative to Ground for erecting a State Store - read, & commit- ted for consideration to
Honbe. Thomas Dawes Esq. Thomas Edwards Esq. John Codman Esq.
to Report thereon at the Adjournment of this Meeting. C
The Article in the Warrant relative to Trunks was read- whereupon -
Voted that William Smith
[96.] Nathan Bond Russell Sturgis Esqrs.
be a Committee to consider this matter & Report thereon at the Adjournment.
The Article in the Warrant vizt. - Whether the Town will dispense with the lighting the Lamps the ensuing Season - read - whereupon
Voted, that John Codman Esq. Ebenezer Hancock Esq. William Sherburn Esq
be a Committee to consider this Article & Report thereon at the Adjournment.
The Article in the Warrant relative to applying to the General Court for Restrictions on Aqueduct Corporation " was read, & committed for consideration to. -
William Tudor Amasa Davis Russell Sturgis Joseph May - - - Esquires Mr. Henderson Inches to Report thereon at the Adjournment.
Voted, that the Selectmen publish the Names of the several Committees in such papers as they Judge proper for the infor- mation of ye. Inhabitants.
Adjourned to Wednesday the 21. Novemr. Inst. 10 OClock A.M .-
[97.] November 21. 10 OClock A.M. Met according to Adjournment.
The Report of the Committee relative to Trucks read & after consideration & some amendments - the same was accepted by the Town & is as follows Vizt.
The Committee appointed by the Town to take into consideration the Petition of a number of
53
BOSTON TOWN RECORDS, 1798.
the Owners of Trucks praying an alteration in the By Laws of the Town regulating Trucks so far as it respects the length of them - having heard the Memorialists on the subject & examined the clause of the Law of which they complain are of opinion it is not expedient to repeal any part of said Law, Your Committee are of opinion that the Clause in said Law which directs that the side of Trucks shall not exceed 16 feet in length does not include the Shafts but that 7 feet being allowed for the Shafts will be sufficient making the whole length of the Trucks including the Shafts 24 feet .-
William Smith P. Order.
On Motion Voted, that the Committee on the subject of light- ing the Lamps do advertize for proposals for furnishing the Oil & wicks and lighting the Lamps of the Town during the Winter .-
The Report of the Committee relative to [98] Nuisances &c read & referred over to the Adjournment & that in the mean time the same be printed and disposed by the Selectmen amongst the Inhabitants.
The Committee on Amasa Davis Esq. Quarter Master General Petition Report .-
That it is the Opinion of the Committee that the Selectmen be authorized & impowered to accommodate Amasa Davis Esq. Quarter Master General with a piece of Land sufficient whereon to erect suitable Buildings for the purpose of covering the Field Artillery & houseing the most valuable military Stores & as prayed for by him, near the Southerly part of the Common ; from the Land owned by the Town fronting on Pleasant Street & butting Easterly on Torrys Pasture so called. & that they cause the said Quarter M. General to fence in the whole of said Land - And whereas one Company of Artillery is already raised, & another now raising to compose the Legion belonging to the Town of Boston & the Ground on which the present Gun House now stands is otherways disposed of by the Town the Selectmen are requested to reserve so much of said Land as will be sufficient for the Gun house &. for the Artillery Company when they shall become wanted and that application be made to the Governor & Council for a Warrant on the State Treasurey for the Money allowed by Government for such purposes & applied accordingly The Company of Artillery now raising beeing from [99] the North part of the Town the Selectmen are further authorized if they shall judge it to be more for the common interest to provide a piece of Land for the said Company whereon to erect a Gun house at the North part of the Town, notwithstanding.
The above Report having been read and considered was ac- cepted by the Town.
54
CITY DOCUMENT No. 115.
The Committee appointed to consider certain resolves of the Legislature of this Commonwealth relative to the disposition & sale of the old State House so called, have attended to the subject and take leave to report as follows.
First. - The Committee are satisfied that the fee of the Land on which the House stands is in the Town of Boston and that they have likewise erected & repaired from time to time nearly one half of the House : from whence it results that the Town ought not to consent to the proposal made by the Legislature to appoint agents to sell the said House and Land thereto belonging & to place one half of the proceeds in the Treasury of the Commonwealth. Secondly The Committee are of opinion that selling the Premises to any individual Person or company will be attended with con- sequences very injurious to the Town. - The purposes for which it might & [100] probably would be occupied would tend greatly to incumber the most frequented Street in the Town which is in its present state not of sufficient width for public accommo- dation. - the dangers from fire would be very much increased whether the house is appropriated for Shops, Stores, Counting Houses or in short from any use to which the interest of individ- uals might appropriate it. Beside the increase of real obstruc- tions to the Streets on both sides of the House. - The Committee are apprehensive that the Health of the inhabitants may be ex- posed by the nuisances which a complete occupation of the House would necessarily imply.
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