USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1814 to 1822 > Part 23
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That general meetings of the citizens, qualified to vote in City affairs, may from time to time be held, to consult upon the com- mon good, to give instructions to their Representatives, and to take all lawful measures to obtain a redress of any grievances, according to the right secured to the people, by the Constitution of this Commonwealth. That such meetings shall be duly warned by the Mayor and Aldermen, upon the requisition of fifty qualified voters of said City. -
That all warrants for the meetings of [ 447] Citizens for municipal purposes, either in general meetings or in wards, shall be issued by the Mayor and Aldermen .-
260
CITY DOCUMENT No. 128.
That a new arrangement of wards shall be made as soon as may be, dividing the town into twelve wards, in such manner as to have equal numbers of inhabitants in each ward, as nearly as may be, consistently with convenient and well-defined limits .-
That for the orderly conducting of ward meetings, and elections therein, each ward shall be organized by the election of one Warden, one Clerk, and five Inspectors, all to be chosen annually, by the qualified voters in their respective wards. That neither the Mayor, nor any Alderman, or Common Councilman, shall, at the same time, hold any other office under the City Government .-
The Committee do not deem it necessary to go into expla- nations of the system here described, because its operation will be sufficiently obvious to a community, who are in the habit of con- sidering constitutional forms and principles. They will only ask the attention of their fellow citizens to one observation : The plan proposed, differs strikingly, and they hope advantageously, from most if not all other plans of City Government, in keeping the judicial department entirely [448] distinct from the legis- lative and executive. This is a great principle in our state and national governments, and affords a peculiar security to the rights of the citizens, upon which it is not necessary to enlarge .-
The second part of the part of the former report, related to a new organization of the County, and the establishment of a Police Court, to have the cognizance of all civil and criminal suits, now acted upon by Justices of the Peace. They have only one amendment to make to this part of that report, which is, that the jurisdiction of the proposed magistrates should be enlarged in the cases of notes of hand and specialties, to the sum of one hundred dollars .-
They would recommend the same plan contained in the former report, that for the purpose of more convenient discussion, the substance of the alterations should be contained in five resolves, viz : -
Resolved, first, That we approve of having an alteration in the form of town government, according to the report, (as amended) made to the town, the 24th December 1821 .-
Resolved, second, That the United States and Commonwealth's elective officers, shall [449] be chosen by the citizens, in ward meetings, and not in town meetings as heretofore practised.
Resolved, third, That the City Council, shall annually determine the number of Representatives to be voted for to represent the town in the General Court .-
261
BOSTON TOWN RECORDS, 1822.
Resolved, fourth, By the inhabitants of Boston, in town meeting assembled, that we approve of the proposition that the town should form a county by itself ; that the Treasurer of the Town should also be the Treasurer for the county; that the Court of Sessions should be abolished, and its duties transferred to other bodies ; and that a Board of Magistrates, to be called the Police Court of Boston, and paid by salary, shall be established, who shall have cognizance of all criminal and civil causes, now brought before Justices of the Peace, and whose jurisdiction in civil suits shall, in the cases of all notes of hand and specialties, extend to the sum of one hundred dollars; and our Senators and Representatives in the General Court are hereby instructed to endeavor to procure the passage of a bill for these purposes, on the principles, and with the limitations, laid down in the report submitted to the town, the 10th day of December. * And the Selectmen are hereby authorized to appoint a committee, to pre- pare a petition and Bill for this purpose .- *see page 451.
[450.] Resolved, fifth, That this question be determined by ballot, viz. : Shall the name of the town be changed from " the Town of Boston." to " the City of Boston."
The Committee repeat, from the most obvious dictates of rea- son and justice, the recommendation of the former report, that the vote should be given by ballot, on the five resolves, saying yes or no, at an adjourned meeting for this purpose, after the discussion shall have taken place ; - which meeting shall only be held for the reception of these ballots. And they will only add, an earnest expression of their hope, that as it can occasion to the most busy of the inhabitants, but a slight interruption of their occupations, to give in their ballots, that every citizen will perform his duty on this important occasion, by voting on one side or the other, so that the expression of public opinion may be complete and decisive .-
Resolved, By the Inhabitants of the Town of Boston, in town meeting assembled, that we approve of having an alteration in the Government of the Town, by the establishment of a form of City Government, composed of a Mayor, Aldermen and Common Council, to have the management of the affairs of the Town con- formably to the plan detailed in [451] the report made to the town, on the 24th December, (as amended at this meeting) and our Senators and Representatives in the General Court are hereby instructed to endeavor to procure the passage of a bill at the next session of the Legislature, to carry this resolve into effect; and the Selectmen are hereby authorized to appoint a committee, to prepare a petition and bill for this purpose .-
262
CITY DOCUMENT No. 128.
" The second Bill which they recommend to be applied for, has a reference to the affairs of the County, and to the administration of justice in its first stages. It will provide for making the County of Suffolk to consist of the Town of Boston only : To abolish the Court of Sessions, and transfer its several powers to different bodies ; - To make the Town Treasurer the Treasurer for the County : And give the cognizance of petty criminal and civil causes to a Board of Magistrates, whose income will not depend on the business they transact, and who will therefore have no temptation to encourage frivolous prosecutions and litigation ; but who will receive a regular salary for the transaction of the criminal department, sufficient to secure the services of able, upright men .-
In thus recommending that the Court of Sessions should be abolished they wish [452] distinctly to state, that [it] is not from any blame which attaches to that court, in whose transactions they have found nothing to censure, but which Court the Com- mittee believe has acted with fidelity towards the public; but because its agency will be no longer necessary, when the County shall comprise only one Town ; and its various functions can be transferred to other bodies, with advantage and economy to the town .- A very considerable saving will be annually made to the town and State by this arrangement ; yet, however great this sav- ing may be, it will be one of the least of the benefits that will result from the change. The present mode of administering jus- tice in its first stages, is attended with many growing abuses ; and though they have already attained to a very considerable extent, they must, unless prevented by an entire change in the system, produce eventually the most mischievous and immoral conse- quences.
The second Bill, the Committee propose should provide for the following general objects, viz. : -
That the County of Suffolk should contain the Town of Boston only, and the offices of Treasurer for the Town and County be united : That the civil and criminal business transacted by the Justices of the Peace [453] in the County, shall be confided to a Police Court, composed of three able and discreet Magistrates, with salaries to be paid by the County : That in the distribution of the powers now exercised by the Court of Sessions, all those which relate to the estimating and assessing of County taxes, will be confided to the Town, and exercised in the same manner as the power of providing for, and assessing Town taxes : That the Selectmen of Boston, shall have the power of granting licences, and all the power of the said Court, in the erection and mainte- nance of Prisons and other County Buildings, and in the disposi- tion and management of all other County property : That the Court of Common Pleas shall have all the jurisdiction of said
263
BOSTON TOWN RECORDS, 1822.
Court, in relation to trials which may require a jury : And that the duty of examining all County accounts, connected in any man- ner with the administration of justice; of assigning limits to the jail yard, and in general all the residue of the powers of the Court of Sessions not otherwise provided for, and which though they may be little more than nominal, cannot be exercised by Selectmen, without their being organized as a judicial body, shall be confided to a court composed of the Justices of the Police Court, and such other Judges of the Courts of the County, as may be connected with them for that purpose .-
Adjourned to Monday next, the 7th day of January current at 10 oclock A.M .-
[454.] Monday January 7th 1822. 10. o'clock, A.M .-
Met according to Adjournment .-
The Moderator stated that this adjourned meeting being held for the sole purpose of receiving votes upon the several resolves in the amended report, before the town, the qualified voters would now proceed to bring in their ballots accordingly, and that the Poll would be closed at three o'clock P.M. --
At the close of the Poll, it appeared that there was for the
1 st Resolve
2805 Yeas
2006 Nays 2nd ditto
2611
66 2195
3rd ditto
2690
2128
4 th ditto
4557 66 257
5th ditto
2727
2087
The Moderator stated the number of votes, for, and against, each article, and declared the whole report accepted by the Town .-
Voted, That the thanks of the Town, be given to the respective Committees, who were concerned in drawing up the several reports, on the subject of City Government, and judicial Police .-
The Meeting was then Dissolved.
Thomas Clark, Town Clerk .-
[455.] At a Meeting of the Freeholders and other Inhabi- tants of the Town of Boston, qualified to vote in town affairs, held at Faneuil Hall, on Monday the 14th day of January, A.D. 1822. 10 o'clock A.M.
264
CITY DOCUMENT No. 128.
Warrant for calling the meeting read .-
The petition of John H. Wheeler, and others, "That the Town would petition the Legislature to alter or repeal the Law, regulating the building within the Town." was read - and after debate, it was Voted, To petition the Hon1. Legislature, so far to alter or repeal the existing Laws, regulating the building within the Town of Boston, as to permit the Citizens thereof, to erect wooden buildings, upon an elevation not exceeding eighteen inches above the level of the Streets .- of eighteen feet posts, with the addition of a roof not to exceed a regular pitch of one third .- which roof shall be slated, and when two or more build- ings shall be joined together, there shall be a brick partition wall, of at least eight inches in thickness ; and in each and every building so erected there shall be one or more windows, or a scuttle in the roof thereof .-
Voted, that the Gentlemen Selectmen be requested to prepare a petition to the Hon1. Legislature conformable to the above vote.
Voted, That our Senators & Representatives [456] be directed to use their influence in procuring the passage of a Bill by the Hon1. Legislature conformable to the above vote of the Town.
Voted, That the Selectmen be requested, to cause to be pub- lished and distributed to the Inhabitants of the Town of Boston, a correct List - stating the amount of Real and Personal Estate on which the inhabitants of the Town have been valued, doomed, assessed and taxed for the year 1821 - And also all abatements that have been made from the estimation if any, previous to the first day of January 1822.
The meeting was then Dissolved.
Attest, Tho. Clark, Town Clerk.
[457.] At a legal Meeting of the Frecholders and other Inhabitants of the Town of Boston, holden at Faneuil Hall, on Monday the 4th day of March A.D. 1822 - 10, o'clock A.M .-
Warrant for calling the Meeting read -
This Meeting was called in conformity to the twenty third, and twenty first Sections of an Act entitled "An Act to establish the City of Boston " passed on the 23ª day of February 1822 .-
265
BOSTON TOWN RECORDS, 1822.
The Selectmen presiding ; the Chairman stated to the Inhabi- tants, that the " Act for establishing the City of Boston." had been printed and distributed with the Notification for calling the Meeting ;- Whereupon it was moved and Voted, that the read- ing of the Act be dispensed with.
The Chairman submitted the following questions to the qual- ified voters of the Town, and requested them to write yes, or no, against each Question .-
1st. Question - Will you accept the Charter granted by the Leg- islature entitled " An Act to establish the City of Boston."-
2ª. Question - " Shall the Election for State and United States' Officers be holden in General Meeting." --
Voted, That the Poll be closed at 3 o'clock .-
At the close of the Poll it appeared, that [458] the whole number of ballots given in on the first question, was forty six hundred and seventy eight-4678-viz. Yeas 2797- Nays 1881 - Majority 916 - for accepting the City Charter .-
The whole number of votes given in on the second Question, was forty seven hundred - 4700 - viz. Yeas 1887 - Nays 2813 - Majority 926 - against electing State and United States' Officers, in General Meeting .-
The state of the votes was declared by the Chairman of the Selectmen ; and then the Meeting was Dissolved
Attest Tho' Clark, Town Clerk .-
[459.] At a Legal Meeting of the Freeholders, and other Inhabitants of the Town of Boston, holden at Faneuil Hall on Wednesday the 6th day of March A. D. 1822 - 10, o'clock A. M. -
Warrant for calling the Meeting read .-
It was moved and Voted that the Selectmen be requested to preside at this Meeting.
The Petition of Asa Lewis and others, " To see if the Town will vote, to petition the Hon. Legislature at their next Session. so far to alter or repeal the existing laws regulating the building
266
CITY DOCUMENT No. 128.
within the said town, as to permit the citizens thereof to erect wooden buildings to be occupied as dwelling houses, of 18 feet posts, and roof of a regular pitch of one third; said build- ings, in no case, to be elevated more than eighteen inches from the level of the street to the bottom of the sill; - in no case to be more than thirty feet from the bottom of the sill to the highest point of the roof; in no case to be more than twenty five by forty feet upon the ground. - the roof to be slated, and to have at least one window or scuttle in the same .- Whenever two or more buildings shall be joined together, there shall be a brick partition wall of at least eight inches in thickness ; - and, whenever such building shall be erected within six feet of any other wooden buildings of more than ten feet posts, it shall have a brick wall [460] of the like thickness on the side so adjoin- ing." was read.
A motion was made and seconded, That the prayer of the Peti- tioners be granted ; and that the question be taken by written ballots, at this time and place :- The question being put, passed in the affirmative .-
Voted, That the Poll be closed at 2 o'clock.
The Chairman of the Selectmen stated the Question thus. " As many gentlemen as are in favor of granting the request of the Petitioners will write on a ballot - yes -
As many as are opposed to granting the prayer of the Peti- tioners will write on their ballot, 20-
At the close of the Poll it appeared that the whole number of votes given in was-3411 - viz 2837 yeas and 574 Nays - so the question passed in the affirmative. -
Voted, That the gentlemen now composing the Board of Selectmen, be appointed a committee to present the Petition of the Town or City, to the Hon. Legislature at their next session .-
Voted, That the petitioners be empowered to appear by coun- sel on behalf of the Town, or City, to advocate, and defend the petition before the Hon. Legislature.
[461.] Voted, That the thanks of the Town be given to the Selectmen, for their able, and impartial conduct, while pre- siding at this meeting.
The Meeting was then dissolved.
Attest, Tho' Clark, Town Clerk.
267
BOSTON TOWN RECORDS, 1822.
[46%.] At a legal Meeting of the Inhabitants of the City (Town) of Boston, holden on the 28th day of March A.D. 1822. 10 o'clock A.M .-
Warrant for calling the Meeting read .-
Hon1. Josiah Quincy was chosen Moderator.
Hon1. Josiah Quincy Chairman of the Committee on the House of Industry made the following Report: viz -
At a Meeting of the Committee on the subject of Pauperism and a House of Industry, holden at the Committee Room, (Fan- euil Hall) Saturday March 2ª. 1822 .-
A report from the Sub-Committee appointed on the 5th Febru- ary last, on the subject of the occupation of the House and grounds the ensuing year, and also what further monies may be required for completing the same, being read and considered - thereupon.
Voted, That the same be adopted and that the Chairman be in- structed to request the Selectmen to call a town meeting forthwith in relation to the subject of said report -
A true extract from the records - Attest, - Henry J. Oliver, Secy.
The Committee appointed by the Town to superintend the erection of a House of Industry, in obedience to that general duty of early and exact accountability, incumbent [463] upon all those entrusted with the management of public monies, ask leave to lay before their fellow citizens the present state and progress of that institution ; - their views in relation to it, and what appropriation it will be expedient for the town to make, for the completion and general preparation of the establishment, the ensuing year, by way of report.
Conformably to the original estimate of the Committee, made in their first report in May last, and modified and explained by their report in October last, the appropriations made in May and October have proved ample to cover all the expenditures occurring during that year. It appears by the report of Francis Welch Esqr. Treasurer of the Committee, made the 15th instant, and hereto annexed, that the whole expenditures during the past year on account of the buildings, exclusive of the land, was $19,612 - leaving a balance at that time, unexpended, in his hands, of $388 .-
In relation to the present condition and progress of the work, your committee have great satisfaction in stating that it is, in
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CITY DOCUMENT NO. 128.
every material respect, conformable to their wishes and anticipa- tions ; and that no other or greater disappointments have occurred in the progress of it, than are inevitable, and [464] to be ex- pected, on occasions of this nature.
In consequence of failure on the part of some of the contractors, the workmen were prevented from completing the external cov- ering of the centre building the last Autumn. The external walls, however, have been raised, the roofs of both wings fixed and boarded, the internal walls are carried up as high as the centre, and the upper floor and roof of the centre are also ready to be put on as soon as the season permits. The carpenters are rap- idly progressing in fixing the partitions, forming the rooms, preparing the window frames, doors, sashes and floor, so as to finish the whole work as early in the present year, as, with regard to its nature and permanency, can be deemed expedient .-
As stated in their last report, your Committee have been regu- lated in their proceedings by regard to "strength, durability and permanent accommodation, without special attention to grati- fication of taste or architectural effect." They have, however, enlarged the building, for reasons stated in their last report, and sanctioned by the town, to a size, exceeding by at least one third, the dimensions originally contemplated. The weight and importance of those reasons continue to be strengthened by all the views, which have occurred to your Committee, in the course of the progress of the building. And, notwithstanding [465] the expenditures will, or this account, exceed the original esti- mates, yet the town will be amply compensated by the greater accommodations and permanent arrangements for economy or convenience, which will result .-
Similar views, in relation to the establishment, have induced your Committee to cause a barn to be erected, of small dimen- sions, but such as would be useful and necessary, upon whatever principle the institution should be conducted after it has been once put into operation. In addition to the general connexion of such a building with such an establishment, your Committee were induced to commence and finish that building forthwith with reference to the accommodation of the carpenters, during the winter season, thereby enabling them to use it as a work shop and a deposit for their finished materials, and expediting the whole arrangements of the ensuing Spring and Summer. This building, (sixty two feet long, forty wide, and twenty feet post, ) has been accordingly erected and completed, and its cost, though not included in the original estimate, has been paid out of the expenditures of the past year.
With respect to the requisite appropriations, which will be expedient, for the present year, and the probable cost of the
269
BOSTON TOWN RECORDS, 1822.
establishment, your Committee apprehend, that they are now qualified to speak as definitely and precisely, as, [466] from the nature of the subject is possible, and sufficiently so, for all purposes of wise decision and satisfactory judgment.
The establishment will be undoubtedly completed, in all its parts and arrangements, by midsummer or early autumn. The appropriations of the present year, must have reference to its completion, and be considered as fixing the whole cost of the establishment.
In addition to the building of the wharf, the house for the superintendent, the barn, and all those circumstances, which must continually occur, in a new undertaking of this extensive charac- ter, tending continually to enhance the expenditure beyond the estimate, as specified in the former report, the increase of the building one third in its dimensions, and various items of arrange- ments on the land, its fencing, and general preparation have had a similar tendency, yet in the apprehension of your Committee, though making a considerable addition in the aggregate, yet none of them are of a character, when examined either in relation to their objects or details, to excite any doubt concerning their expediency.
In contemplating the whole expenditures, for the year, to com- plete the buildings upon the basis of the calculations heretofore made with the additions and augmentations, before specified, as also, contemplating unanticipated contingencies, in a new under- taking of this character, with the purpose [467] of having no deficiency within the year, and no additional application of im- portance, to the town, the committee recommend that the sum of Fifteen Thousand Dollars be put at the disposition of the Com- mittee ;- a sum somewhat exceeding the amount of their esti- mate ; but on occasions of this kind, they are anxious, on the one hand that nothing should be omitted to fulfil all the wise designs of the town, in relation to the establishment, and they are, on the other, also anxious, that they may not be prevented from fulfill- ing them, acceptably, from any temporary deficiency, happening from any inadequate appropriation .-
A work of this public nature concerning which the opinions and views of many intelligent minds must be brought to coincide, and concerning the economies and accommodations of which new views are perpetually occurring, cannot be expected to be subject to the same minuteness of previous estimate, to which works of a smaller and a private nature may be reduced. With the expen- ditures which have already occurred, your committee have every reason to be satisfied, both as it respects the wisdom of the plans and the excellence of the execution; and in proposing this amount ; it is for the purpose of enabling them to finish, without
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CITY DOCUMENT No. 128.
further resort to the town, all the objects, which have been entrusted to their superintendence, in a mode, at once honorable to the Town, and complete as it respects the establishment .-
[468.] And your Committee have the great satisfaction to state, that not only the whole building has been thus far con- ducted and executed in a manner, wholly independent of any pri- vate or personal interest or contract on the part of those charged with the general superintendence of the work, but in a simplicity and cheapness of style, which, when its greatness and nature is contemplated, will bear a comparison in point of accommodation and economy, with any building heretofore erected by the town, and far inferior to those general estimates, which, judging from the cost of buildings of a similar extent, had been anticipated by their fellow citizens.
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