USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1796 to 1813 > Part 5
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The Committee are of opinion that the Town ought to be the owners of the House & Land in order that it may be appropriated to no uses of Which they shall disapprove.
As the Honbl. Legislature appear from their resolves to be im- pressed with an idea that one half of the premises is the property of the Commonwealth and at the same time have consented to refer the claim together with that of the Town & of the Counties of Suffolk and Norfolk to the Judges of the Supreme Judicial Court for a final decision.
The Committee conceive that the Town should agree to the reference proposed so far as that the [101] Judges shall finally determine what part of the Premises is the property of the Town.
And with respect to the other proposal of selling whether by public or private Sale that the Town should not agree to the same but that the Representatives of the Town be instructed to repre- sent to the Legislature the inconveniences which would result from a sale to individuals together with the desire of the Town that they will purchase from the State such [part of] their pro- portion of the same as the Judges shall award, at an appraise- ment to be made by three impartial Men to be chosen, one by the
55
BOSTON TOWN RECORDS, 1798.
Legislature, one by the Representatives of the Town, the third by the two first or by lot between them if they cannot agree.
William Eustis P. Order.
The aforegoing Report having been read and considered was accepted by the Town.
Adjourned to Wednesday December 5th. 10. OClock A :M.
Met according to Adjournment.
The Committee appointed to consider and Report on the Arti- cle of the Warrant relative to applying to the General Court for Restriction on the Aqueduct Corporation.
Report
[102.] That by the Act passed the 27. Feby. 1795. The Associates in the above Corporation are invested with full Powers to open the Ground in any part of the Streets & high ways in the Towns of Roxbury and Boston & at any time for the purpose of sinking or repairing such Aqueduct, without any control Assent or Restriction from the Selectmen or Surveyors of the High ways of either of those Towns. -
These unqualified powers have been productive of some Com- plaint already and may lead to consequential injury by subjecting the Town to litigations with the Aqueduct Proprietors or saddling the Inhabitants with the expence of extra repairs of their Streets.
Your Committee therefore propose the Town instruct their Representatives in the General Court to obtain an additional one in amendment of the same to the following effect Viz.
1st. That no pavement shall be taken up previous to the first Day of April nor after the first Day of October in any year.
2ª. That the Selectmen or the Persons whom they shall appoint . shall determine in what part of any Street the pavement shall be removed for the purpose of sinking the pipes of the Aqueduct and to what extent until the repair is completed.
3ª. That the Selectmen or Surveyors of Highways [103] be impowered to direct the repavement so as to have the same sub- stantially & effectually done.
These Restrictions appear reasonable because when the Town on the 7th. Feby. 1795 assented to the proprietors being incorpo- rated it was. with this express proviso. "That the Corporation should be holden to put the Streets which should be opened in as good repair as they were previous thereto. and that such other
56
CITY DOCUMENT NO. 115.
guards & Restrictions should be inserted in the Act as should effectually secure the Town from injury. - Wm. Tudor P. Order.
The aforegoing Report having been read and considered was accepted by the Town.
The Committee relative to Lamps Report That it will not be expedient to dispense with the lighting the Lamps & in obedience to a subsequent Order of the Town they have advertized for pro- posals but no person has appeared to undertake it.
John Codman P. Order.
The aforegoing Report having been read was accepted - also Voted, that the Selectmen be requested to light the Lamps in the best manner they are able.
Voted, that the Representatives of the Town be requested to use their endeavor to procure an Act or Law for empowering the Governor with the [104] advice of the Council to issue an Order for the removal of any Person from one prison to another or from a Goal to a place of safe custody where such Person shall be con- fined by order of Law & be labouring under a contagious discease in such a manner as that his continuance in Goal may justly be considered as dangerous to others.
The Committee to whom was referred the Petition of William Powell Esq. & others "for cleansing some of the Docks & filling up others & to remove as far as possible all Nuisances that may arise particularly from damaged Goods, Provisions & Hides being stored in Town & to raise Money to defray the expence thereof" - have attended their Duty in that respect and beg leave to Report.
That the Selectmen be requested to take measures for cleansing the Town Dock, Ivers Dock, Olivers Dock & a Dock between the Long Wharf & Spears Wharf in a manner as economical as possible, and that the Selectmen be requested to have the Dock called Olivers Dock filled up as soon as may be in such Manner as shall be for the safety and interest of the Town for the dis- tance of about 150 feet from the head.
That the Town direct its Representatives to make application to the General Court, at its [105] next Sessions for an act to authorize the Inhabitants and Freeholders of the respective Wards in the Town qualified to Vote for Town Officers to meet annu- ally in the Month of March or April at such time and in such places as may be duly appointed within their respective Wards, to choose one able & discreet Person an Inhabitant of the Ward for which he shall be elected to be a Member of a Board of
57
BOSTON TOWN RECORDS, 1798.
Health which shall consist of a member from each Ward to be chosen by Ballot, & not otherwise : Which Board when so chosen shall choose a President & Secretary, whose duty it shall be annually in the Month of March or April to publish a notification in two at least of the News Papers printed in the Town of Boston, mentioning time and place within each Ward respectively seven days at least before the time appointed for such Meeting for the Inhabitants of the respective Wards to Assemble for the purpose aforesaid. And the Members of the Board of Health for the Year preceeding shall preside each in his Ward respectively at said Meeting untill a Clerk shall be chosen by the Ward & no longer, which choice shall be by Ballot. The Clerk shall then call for the Votes receive, & count, the same in open Meeting & certify the number to the President of the existing Board of health within 24 Hours of said Meeting under penalty of Ten dollars to be recovered by action of debt to be brought by said President for the use of the Town [106] in any Court of competent Jurisdiction. And in case of the neglect death or refusal of the Member of the Board of Health to preside at said Meeting the Ward may appoint a Committee to receive the Votes for a Clerk. And on return of the Members chosen for each Ward the President of the Board shall notify them to meet at a certain time & place within seven days at least after such return. At which time the Board of Health for the Year ensuing shall be formed. -
The Duty of the Board of Health shall be to examine into all Nuisances & other causes injurious to the health of the In- habitants whether the same shall be caused by stagnant Waters, drains, common sewers, slaughter Houses, Tan Yards, Fish houses, Docks. Necessaries, putrid animal or vegetable substances or any other cause of whatever kind, which may be injurious to the Health of the Inhabitants as aforesaid, with power to search all houses, stores, cellars, ships & vessells where they may have reason to suspect any of the causes aforesaid to exist. And if they shall meet with resistance in the execution of the search, or the refusal to remove such Nuisances, upon applica- tion to any Justice of the Peace within the Town, he shall grant a Warrant directed to the Sheriff of the County of Suf- folk, his Deputy or any Constable of the Town of Boston com- manding him in presence of any two of said Board of health, to cause such nuisance to be removed & to levy the expence of said removal on the occupier [107] or proprietor of the House Store, Cellar or Land in which such nuisance existed together with a fine of twenty dollars for such refusal or resistance : said fine to be paid over to the Town Treasurer for the use of the Town, And the said Board shall have authority to appoint Scavengers & such other Officers to assist them in the execution of their Office as they shall judge necessary for payment of whom & all necessary expences which may arise in the execution of their, the said Board shall be authorized to draw on the Town
58
CITY DOCUMENT No. 115.
Treasurer, & the Accompts of said Board shall be examined by a Committee of the Town Annually chosen for that purpose who shall report the state of them to the Town accordingly.
That application be made to the General Court for a Law to compel a seasonable repacking of salted meats & pickled Fish. To prevent the bringing into town of tainted meats and fish. & for empowering the Board of Health to have the Law carried into full execution. Also for preventing injuries ariving from Hides & other putrid substances which may be brought in Town.
That any Person that shall throw into any of the Docks in the Town any putrid Meat Fish or any other putrid or offensive substance, shall forfeit & pay for each offence, a sum not less than one Dollar nor more than ten dollars at the discretion of the [108] Court which may have cognisance of such offence All forfitures & penalties arising from this Act to accrue to the use of the Town & to be prosecuted in such Court or Courts & in such form, as by the General Court may be directed & authorized.
And it shall be the duty of the Board of health to oversee & enforce the due execution of the foregoing Laws & prosecute all Offenders, & for all penalties & forfeitures which may accrue under the same.
They further recommend that all Masters of Vessells arriving shall be prohibited under a sufficient penalty for each offence from depositing on the Wharfe's the filth or sweepings of their Vessells holds or throwing the same into any of the Docks of the Town. - William Powell P. Order
The foregoing Report having been considered & amended in Meeting the Question was put- Viz. - Whether the same be accepted - Passed in the affirmative. -
Then the Meeting was dissolved.
1799.
[109.] At a Meeting of the Freeholders and other Inhabit- ants of the Town of Boston, duly qualified and legally warned in public Town Meeting Assembled at Faneuil Hall on Monday the 11th. Day of March Anno Domini 1799. 9. OClock. Forenoon.
Prayer was made by Revd. Dr. West.
Warrant for calling Meeting - - read.
Sundry Laws to be read at this Meeting were accordingly read.
59
BOSTON TOWN RECORDS, 1799.
Hon ble. Thomas Dawes Esq. was chosen Moderator by a Hand Vote.
The Inhabitants were directed to withdraw and bring in their Votes for a Town Clerk and the same having been brought in & counted it appeared that
William Cooper
was chosen Town Clerk for the Year ensuing & an Oath of Office was administered by Mr. Justice Sherburn.
[110.] The Inhabitants were directed to withdraw and bring in their Votes for nine Selectmen & upon sorting them it appeared that the following Gentlemen were chosen viz.
Charles Bulfinch David Tilden Russell Sturgis Joseph Howard Ebenezer Hancock Esq. William Porter William Sherburne Esq.
Joseph May Esq. Samuel Cobb
The Votes being brought in for five Assessors and counted, it appeared that only four were chosen - Viz.
John R. Sigorney Caleb Blanchard Ebenezer Sever Esq. John Hurd Esq.
The Inhabitants were directed to withdraw & bring in their Votes for 12 Overseers of the Poor & upon sorting them it appeared that
[111.]
Edward Procter Esq. John Sweetser Esq. Johathan L. Austin Esq. Mr. Edward Edes Henry Hill Esq. William Smith Esq.
William Phillips Esq.
Stephen Gorham Esq. Mr. Oliver Brewster Arnold Wells Jun". Esq. Dr. Redford Webster Mr. Thomas Perkins were chosen Overseers of the Poor for the Year ensuing.
Adjourned to 3. O. Clock P:M. -
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CITY DOCUMENT NO. 115.
3. O. Clock P.M. Met according to Adjournment
On Motion Voted, that the Thanks of the Town be & hereby are given unto Thomas Edwards Esq. William Little Esq. & Mr. Jonathan Harris & Mr. John Tileston for their good & faith- ful services as Selectmen a number of Years past.
The Inhabitants brought in their Votes for 24. Fire Wards, when it appeared that. -
[112.]
.
John Winthrop Esq. Thomas Mellvile Jabez Hatch
Joseph Russell Samuel Parkman Esq.
Mr. Edward Edes
Amasa Davis Esq.
Russell Sturgis
Henry Jackson
William Scollay
Joseph May Esq.
Capt. Robert Gardner
John May Esq.
Mr. William Brown
John Winslow Esq.
Nathaniel Fellows
Samuel Bradford Esq.
Mr. Joseph Head
Thomas H. Perkins Esq.
Joseph Howard
Benjamin Joy Stephen Codman Andrew Cunningham Esq. Mr. John Bray
were chosen Fire Wards for the Year ensuing.
The motion in the Forenoon of a Vote of thanks to Mr. Austin with the other Selectmen did not obtain, a motion being made this afternoon for a [113] reconsideration of the former vote and that he have the thanks of the Town for his good & faithful services as a Selectman and the question being accordingly put Passed in the affirmative.
Voted that in addition to the Selectmen twelve Persons shall now be chosen as a school Committee and the votes being brought in & assorted it appeared that the following Gentlemen were chosen viz.
Honble. Thomas Dawes Esa Reyd. Samuel West D.D. Dr. Thomas Welsh Revd. Samuel Stillman
61
BOSTON TOWN RECORDS, 1799.
Dr. Aaron Dexter
Mr. William Smith
Dr. William Spooner
Mr. Arnold Welles Junr. Edward Gray Esq. David Green Esq.
Revd. J T Kirkland Rufus G Amory 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 and empowered conjunctly to [114] manage and regulate the Officers and government of the School and in future to exercise all the Powers relating to the Schools and Schoolmas- ters which the Selectmen or such committees are authorized by the Laws of this Commonwealth or the Vote of the Town to exercise any of the former votes of the Town notwithstanding.
Mr. Samuel Clap
was chosen Town Treasurer for the year ensuing.
Mr. Benjamin Hammatt Jun".
was chosen an Assessor for the year ensuing.
Votes for a Treasurer for the County of Suffolk, brought in and counted by the moderator and Town Clerk when it appeared that the whole number was 265-of which 248 were for Ebenezer Sever Esq. 5 for Charles Bulfinch Esq. 4 for Mr. Samuel Clap, 4 for Mr. Benjamin Hammatt Jun. 3 for Mr. Thomas Hichbourn 1 for Giles Harris Esq. all discreet, suitable Persons, being Free- holders and Residents in said County.
Voted that the assessors be and hereby are directed to sit for such statements of Taxes as they shall judge reasonable two days in such weeks after the delivery of the Tax books to the Collectors for the space of six weeks and no longer. saving they be allowed to sit the last Week in February (Lords days excepted) for the [115] abatement of the Taxes of such persons as had not the opportunity of applying in the above limited time by reason of their being out of this Commonwealth or any other unavoidable hindrance and that the assessors determine on the said two days which is to be noted on the tax bill to be delivered the In- habitants.
Voted That five per cent be and hereby are allowed to the Collectors of Taxes for the year ensuing for all such sums of money and public securities as they shall collect and pay in to the several Treasurers of the sums committed to them to collect also
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CITY DOCUMENT NO. 115.
that such Collectors shall give bond with sufficient Sureties to the satisfaction of the Selectmen for the faithful discharge of their duty in said office and complying with this vote and that they will not receive any premium or gratuity for discounting any orders notes or receipts from the Treasurer of this State, or the Treasurer of this Town.
The votes being brought in for four Collectors of Taxes it ap- peared that
Messrs. Benjamin Henderson Thomas Bailey James Thompson Benjamin Jepson were chosen Collectors of Taxes for the year ensuing.
Adjourned till Tomorrow 10 °Clock Forenoon
[116.] Tuesday 10 °Clock Forenoon, met according to ad- journment.
Messrs. Thomas Bradlee David Hollis Matthew Loring Thomas Sullivan
were chosen Sealers of Leather for the year ensuing.
Messrs. Benjamin White Moses Ayres Daniel Ingersol William Darricott
were chosen Fence viewers for the year ensuing.
Messrs. Edward Jones George Hamlin Abijah Wheelock
were chosen Hogreeves for the year ensuing.
Messrs. Edward Jones George Hamlin Abijah Wheelock
were chosen Haywards for the year ensuing.
Messrs. Jeffry Richardson Isaac P. Davis
were chosen Surveyors of Hemp for the year ensuing.
Edward Tuckerman Esq. Mr. Edward Edes
were chosen Surveyors of Wheat for the year ensuing.
[117.] Messrs. Joshua Weatherley John Wells
were chosen assay masters for the year ensuing.
63
BOSTON TOWN RECORDS, 1799.
The Selectmen were chosen Surveyors of the high ways for the ensuing year.
Mr. Abraham Adams was chosen Informer of deer for the ensuing year.
Voted, That Herman Brimmer Esq. Joseph Russell Esq. Samuel Brown Esq.
be and hereby are appointed a Committee to audit the accounts of the Town Treasurer and also the accounts of the Selectmen Overseers of the Poor and Board of Health and said Commit- tee are also directed to report the sum necessary to be raised for the services of the present year.
Voted that the Selectmen be desired to appoint such able per- sons for measures of wood & bark brought into Town for sale according to a late law of this Commonwealth and that they follow the directions of the Law therein.
Messrs. Roger Bartlett Joseph Doble Jonathan Cushing
were chosen Cullers of dry fish for the year ensuing.
[118.] Messrs. Joseph Loring Thomas Barber George Singleton Edward Burt Thomas Foster John Bray Henry Purkitt Jonathan Cushing James Barry Hezekiah Hutson Philip Hichbourne Timothy Pease Job Wheelwright Jun". William Fenno
were chosen Cullers of Boards and Staves for the year ensuing.
Mr. Edward Rumley was chosen an Inspector of stone lime for the year ensuing.
Messrs. Shubael Hewes Thomas Stevenson Amos Lewis Jonah Holbrook Samuel White Enoch May
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CITY DOCUMENT NO. 115.
Abraham Tuckerman Noah Butts John French Samuel Gridley Andrew Townsend William Low
were chosen Constables for the year ensuing.
[119.] The Committee relative to filling up Olivers Dock reported,
That agreeable to a vote of the Town at their last meeting they have attended to their request relating to filling up Olivers Dock so called and that in order to comply with the wishes of the Town in this respect as far as it was in their power they had entered into the annexed agreement with the Proprietors of Woodwards Wharfe so called - that the Town will observe how- ever that it is made subject to their control - the reasons of the agreement appear in the agreement itself
Thomas Edwards
P. Order.
The aforegoing Report having been read & considered it was
Voted that the same be accepted and that the Selectmen be requested to act thereon as they may judge proper.
Votes for 12 Surveyors of Boards and Shingles brought in when it appeared that
Messrs. Joshua Bentley Benjamin White Benjamin Page James Blake John Cogswell Edmund Ranger
William Clouston
William Darricott Nathaniel Tidmarsh William Ellison Thomas Blake John Stutson were chosen.
[120.] The Representation of the Overseers of the Poor as to the state of the almshouse and workhouse was read several times whereupon
Voted that William Powell Esq. General Donaldson Herman Brimmer William Eustis Esq. Colonel Joseph May
65
BOSTON TOWN RECORDS, 1799.
be a committee to take this report into consideration and any paper relative thereto, that they confer with the overseer, of the poor and the agents for building the new almshouse and work- house, to enquire into the state of their funds and to devise ways & means for procuring the monies yet wanting for erecting the necessary buildings and that they report thereon at the adjourn- ment and that the Inhabitants be informed in the public prints of this adjournment and the special occasion thereof.
On motion Voted that the consideration of all money matters be referred over to May meeting.
Voted that this meeting be adjourned to Wednesday the 27 March inst. 10 °Clock forenoon, then to meet in this place .- and the meeting was accordingly adjourned.
Wednesday the 27 March 10 °Clock forenoon met according to adjournment.
The Committee appointed by the Town at their meeting on the eleventh March instant to take in to consideration the representa- tion of the Overseers of [121] the Poor to confer with said overseers and with the Agents of the Town for building the new almshouse and workhouse to enqire into the state of the funds and to devise ways and means for procuring the monies to erect the necessary buildings &c - have to the best of their abilities endeavour'd to comply with the injunctions of the Town and beg leave to report as follows
That the condition of the buildings at present improved as an almshouse and as a Workhouse is such that in the opinion of the Committee it is absolutely necessary that one new building capable of accommodating all the persons at present supported by the Town, be immediately undertaken and completed with all con- venient speed.
That the expence of erecting such a building on the land already procured for that purpose, including a sea wall and other arrange- ments of the ground will cost the Town in the opinion of the agents between Forty and fifty thousand dollars : and the Com- mittee are inform'd that it will require eighteen months before the new building can be inhabited. That the Agents have in funded stock for the above mentioned purpose to the value (in round numbers) of sixteen thousand Dollars -in Lumber seven thousand dollars, and Cash in the hands of the Town-Treasurer four thousand dollars making in the whole the sum of Twenty seven thousand dollars, leaving a deficiency of about Twenty thousand dollars to be provided for by the Town
That there is now due to the Town about Twenty three thousand dollars for the sales of the Lands on which [122] the almshouse and workhouse now stands, but this sum is not to be paid until the town shall deliver possession of these lands and buildings, which can not be done until the intended building shall be ready
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CITY DOCUMENT No. 115.
to receive the inhabitants of those that are to be delivered up to the purchasers - It will then be necessary to provide for a defi- ciency of about Twenty thousand dollars to complete the intended new building before the town can realize the sum now outstanding for the sales of the old almshouse and workhouse. And to pro- vide for this deficiency the Committee have taken into view all the resources of the Town within their knowledge. The lands now belonging to the town within the Corporation are so situated that to sell them for this purpose under existing circumstances would be in the Opinion of the Committee to make an unwar- rantable sacrifice. There is also a Township of lands in the eastern parts of this Commonwealth belonging to the town of Boston but there are so few purchasers of unimproved lands at this time the Committee think it would bring but a very small part of the sum required and if now sold it must be done to great disadvantage. The Committee have also contem- plated the subject of an immediate Tax on the Town to be expressly appropriated to this object - but considering the mag- nitude of the existing taxes, and the length of time requisite to bring it into operation they have not thought it expedient to recommend this mode of procuring the necessary supply - Thus having taken all these resources into view, and having abandoned them either as inexpedient, wasteful, or insufficient they have turned their attention to the only remaining source [123] from whence to draw the deficient sum necessary to complete the building contemplated. - that is to procure it on loan on the credit of the Town until the intended new building shall be finished, and then to discharge the loan by the money which will be receivable for the sale of the old almshouse and workhouse when they shall be evacuated and delivered up to the purchasers. It is the opinion of the Committee that the money may be obtained on the Credit of the Town at the usual rate of interest and they recommend that the Treasurer be authorized to borrow from time to time such sums of money as the agents may deem necessary for completing the buildings intended not exceeding the sum of Twenty thousand dollars. The Agents will not want for a con- siderable time any additional supplies to what they have already at command and if the Treasurer shall borrow only as shall be wanted, the growing interest will only apply to the sums last expended and therefore will not amount to any considerable sum. These have been the subjects considered by the Committee and they do therefore recommend that the Agents be authorized to proceed with all convenient expedition to erect a building compe- tent to the object before mentioned on a plan to be approved by the Overseers of the poor ; that they employ all the resources now in hand arising from the sales of the Town lands for that purpose - and that the Treasurer be authorized and directed to borrow on the Credit of the Town such further sums as shall be necessary to complete the said building not exceeding Twenty thousand dollars. - In the Representation of the Overseers of the Poor referred to the Committee, there is one other subject on which
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