USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1814 to 1822 > Part 4
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It was moved & Voted, That the Selectmen be desired to con- fer with the Lieut. Colonels commanding [63] the three Regi- ments of the Boston Brigade, & the Brigade Quartermaster; to ascertain from them the number of men who will be on duty, at the ensuing inspection and review ; and that they be authorized & empowered to furnish, at the expense of the Town, suitable rations for two days, to all the non-commissioned officers and men who may be actually on duty; and such a number of Waggons as shall be necessary for tents, straw & baggage. -
Then the Meeting was Dissolved.
At a legal meeting of the Inhabitants of the Town of Boston held at Faneuil Hall on Monday the 16th. day of October A.D. 1815 -10 O'Clock A. M.
Warrant calling the Meeting - read.
Honble. John Phillips Esq. chosen Moderator.
The Committee appointed to take into consideration the expedi- ency of making an alteration in the municipal government of the Town, having performed the duty enjoined upon them by their fellow citizens ask leave to present the result of their delibera- tions in the form of a Bill, which they recommend the Repre- sentatives of the town should be instructed to obtain to be enacted as nearly as possible, by the General Court.
[64.] Your Committee have adopted this mode as the most simple and as being likely to be the most satisfactory, inasmuch as it presents to the town the precise form, which the alterations, if adopted, will ultimately assume, and will thus give a more clear idea of the nature of them, than would probably result from any other course.
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BOSTON TOWN RECORDS, 1815.
In relation to the principles of those alterations, which the Bill here presented contemplates, the committee ask leave to state, that being aware of the difficult nature of the subject submitted to their consideration, they have limited their endeavours to the attainment of such practical alterations, as utility seemed to sug- gest, and to which the wishes of the immediate petitioners seemed directed. - They have therefore not proposed any general altera- tions in the established constitution, any farther than was neces- sary to effect the advantages sought, consistent with the preservation of all the boards which do now, and have so long. with so much honour to the respective members of those boards and so much benefit to the town, presided over its concerns. The Selectmen, the Board of Overseers of the Poor, and the Board of Health will be preserved as they now exist, except so far as they may be affected by those alterations your Committee have deemed it advisable to propose.
[65.] A course of this kind seemed not only the wisest; but in a measure rendered necessary, by the general relations, which the town of Boston bears to the other towns in the Common- wealth. The forms of proceeding of those boards are settled and familiar to all our citizens ; their relations to one another are well defined and understood, their existence is associated with our habits and our affections.
By attempting to change all these in conformity to some chosen or theoretic model of City government ; little advantage would be gained and much would be lost from the natural appre- hensions which all men have of the effect of entirely novel arrangements upon their great interests. The result of the opinion of your committee not to supersede any of the existing Boards has been strengthened by the consideration that a board of Selectmen is rendered necessary by the letter of the consti- tution in every town in this commonwealth. Indeed the very name of town, associated with certain municipal proceedings is also rendered necessary by the terms of that instrument. So that the continuance of that board with its present name and with many of its present powers, is unadvoidable.
With respect the overseers of the Poor and the board of Health, any attempt to change their constitution seemed less advisable, inasmuch [66] as the powers exercised and the duties per- formed by them are often exercised, even in cities regularly organized by bodies of Commissioners in effect but little differing from independent boards. For these reasons your committee have deemed it expedient to propose only such modification of the municipal powers as should in each instance, have a distinct object, the advantage of which might be demonstrated.
In contemplating in this light, the various powers exercised within the town, your committee could not refrain from being affected with very sensible pleasure at perceiving how few modifi- cations were necessary, in the frame of the existing town consti- tution, in order to secure for the citizens all the advantages they
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CITY DOCUMENT No. 128.
could hope from the most formal city organization. - Some of these were indeed of an important character. But as it respects the great mass of the requisite powers, they were already so arranged and deposited, as to leave little to wish or expect from any alteration in them.
In the first place, the Judiciary authority exercised within the town, consisting of a Court of common Pleas, and a Municipal Court embraces, within the sphere of their jurisdiction all the powers of that nature, and in a form as select and advantageous as any other arrangement could offer, or which might be devised.
In most cities, these powers are in part, or in [67] whole, exercised by the mayor, or chief executive offices of the city. But there seems to be no particular advantage in thus combining the chief executive and judicial powers in one officer. And in the actual state of the feelings and habits of the citizens of Boston, it is probable that a scheme of municipal government, which should keep the executive and judiciary powers, exercised within the town, in distinct hands, would be more satisfactory to them, than an arrangement, which should deposit both in the hands of a single individual. Should the chief executive of our city be vested with judiciary powers, his appointment by the executive of the state, under the provisions of our state constitution, would be inevitable. It seems however, desirable that this officer should be connected with the inhabi- tants of our city by ties, less independent than would result from his appointment by the executive of the state. To the mass of his fellow citizens he ought, at least immediately, to owe his election. To them, or to that body whom they may choose in this case to represent them, such an officer ought to be bound by all that sense of responsibility, which naturally results from the consciousness of his being indebted to their suffrages for his elec- tion. The system which your committee propose contains there- fore no change in judiciary powers now exercised within the town, except so far as relates to the selection of three Justices, and the establishment of a Police Court. [68] In forming this Court, however, it will be perceived, that it is not proposed to interfere with the existing powers of a Justice of Peace, but that the powers of the Police Court should be co-extensive and concurrent with those of Justices of the peace. It is not proposed to authorise any preference to be exercised among the acting Justices ; but that each in his turn should act as a member of the Police Court. The great advantage contemplated by this arrangement is, that in a court consisting of three members, acting under the authority of the government of the town, in a publick place, and subject to the concourse of all the citizens, more order, regularity, correct- ness and uniformity of proceeding would result, than from a court holden by a single Justice in a private room, without any respon- sibility, but what is of the most general nature. It is known that great complaints of abuses of their authority by justices of the peace have at all times existed : And without meaning to sanc-
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BOSTON TOWN RECORDS, 1815.
tion the idea, that these complaints have been in all or in many cases well founded your committee have deemed it expedient if possible to give the justices of the peace an opportunity to exer- cise their offices in a manner more publick and responsible, and which, without interfering with their emoluments as on the scheme proposed, those of the police court would be equally shared by all, would give greater weight & dignity to their office, [69] and proceedings. - In examining the present constituted authorities of the town with reference to improvements in their organization and powers of which they were deemed susceptible, your com- mittee have considered that something would be gained by en- larging for merely municipal purposes, the number proposed, the number of which the superintending board at present consists, and causing the election of their additional numbers to be made in the respective wards and not by the town at large. This would secure for the superintending board more local knowledge & responsibility than at present exist in it: The inhabitants of each ward, most distinguished for their acquaintance with its par- ticular interests would be thus probably selected for this office, and thus the greatest assurance would result that the interest of every ward would be duly considered : An assurance which would not result from election from any gencral ticket, in which the wishes of each ward cannot be distinctly attained, inasmuch as the whole election is controuled by the result of the general voice.
The first specific alteration proposed by your committee, is that leaving the election of Selectmen to depend upon the general voice, as at present regulated by law, that two delegates shall be chosen at the respective ward Meetings in April, and these together with the Selectmen, should constitute the superintending board, in which should be invested all the powers relative to the town [0] interests and management of its concerns, except such as are vested exclusively in the board of Selectmen by the constitution of the state.
The next alteration proposed by the committee, relates to the chief executive of the town. the executive power eficiently exists at present in a superintendent of police, who is chosen by the Selectmen out of their own body & receiving a salary dependent upon their discretion and responsible solely to them ; Relative to this officer your committee recommend that he should hereafter be elected by a convention to be held annually by the board of Selectmen and delegates, the board of overseers of the poor and the board of health. It will be unnecessary for the committee to dilate on the advantages to be anticipated from such an organization, as the Selectmen and overseers of the poor are elected by the general voice of the town. The board of health & delegates by the voice of the wards. It seems impossible for any greater security to result for a wise selection of the superintending executive officer, one, in which general and local influences and wishes would be more likely to be consulted, than what would result from an election
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made by a body composed of men thus chosen. This officer your committee have proposed should be called " The Intendant " a name borne by the officer in the same station in the city of Charleston South Carolina, and implying the duties which he is to execute. Except in the particulars above [1] mentioned your committee have not deemed it necessary to propose any alteration in the organization of the town government. They have however proposed that the corporate name should be "The Intendant and Municipality of the Town and City of Boston." They have been induced to suggest this alteration for the pur- pose of expressing truly and distinctly the nature of the corpora- tion, which will be in effect, the union of town and city authorities in one general government or municipality. For reasons men- tioned in a preceeding part of this report the names of "Town," "Town Clerk," "Selectmen " are made so essential by the pro- visions of the state constitution, as that they are for certain pur- poses specified in it, absolutely indispensable. Under the pro- posed system town meetings will continue to be held and all questions relative to our political rights & interests to be dis- cussed in them : A course of proceedings happily as inseparable from the genius of our constitution as it is justly dear to the affections of our citizens. The name of "City " is added, because the delegation of powers & the organization of the gov- ernment will be that of a city, with the names of its officers accomodated to our circumstances and habits. Besides, your committee find that a very great number of our citizens wish that the name of city should be adopted; being of opinion, that this name has an effect to raise the rank of a place in the estimation of foreigners, and it will be better adapted than the name of town to express the real standing [2] compared with the other cities of the United States. The learning, intelligence, wealth, numbers, enterprise & public spirit of Boston entitle it in the opinion of your committee to the highest discriminating appela- tion universally given to their most distinguished places, by the practice of all European nations
The other alteration proposed by your committee relates chiefly to the powers exercised by the municipality.
By the fundamental laws of this commonwealth "The inhabi- tants of every town within the government are declared to be a body politic and corporate." Each town has powers of self government, to make bye laws, raise money, and execute any measures within the town, which the majority of the inhabitants shall consider for their benefit or advantage; conforming them- selves always to the general laws and constitution of the com- monwealth. This organization of towns is the most free that can be imagined ; and while the inhabitants are not very numer- ous their affairs may be conducted with convenience and sufficient safety in this simple mode; but when the inhabitants become very numerous, especially in sea ports, the experience of our country as well as that of all the nations of Europe, has pointed out the necessity of a corresponding change.
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BOSTON TOWN RECORDS, 1815.
In such large communities of people, it is impossible that all the individuals of which they [73] are composed, should be well acquainted with the principles on which depend the prosperous conduct of the monied concerns of a corporation, and with those other subjects of internal regulation, by which the prosperity of a city is increased, and by which it is best enabled to encourage & protect the industry of its own citizens. If all the inhabitants of such town assemble, it is obvious that business cannot be well transacted by so numerous a body, liable as it always must be, to be swayed by local views, party feelings, or the interests of designing men : If the meetings be, as it most frequently will be, but thinly attended, those present must act as the represent- atives of the whole; and it is very seldom, that men of the best intelligence and most capable of conducting publick business will leave their important private concerns to attend to affairs in which they have only a general interest; It therefore unavoid- ably happens that the affairs of a large town are conducted by a very small number of persons, who represent and act for the whole, but who are not chosen by them, who do not possess their confidence and act under no, or a very slight responsi- bility.
The necessity of a responsible representative system to the well management of the interests of all great bodies of men, is now so well understood and so universally acknowledged, that your committee forbear to dilate on them. Upon this principle depends the organization of the general and state governments, of all banking institutions, insurance and manufacturing com- panies and generally of [4] corporations of every kind; these are all conducted by representatives or directors who act for the joint interest under general laws. The town of Boston itself has recently experienced the most decided benefit resulting from the choice of Treasurer & Collector by a convention of the Selectmen, Overseers of the Poor, and board of health, constituting a new proof if any were wanting, of the advantage to be derived from confiding in large communities, the management of public busi- ness to responsible bodies.
The Committee also propose, that the superintendence of the concerns of the county should be transferred to the municipality - The town and county in such event being the same, such an arrangement seems naturally to result : The affairs of both may thus in the apprehension of your committee be conducted with more uniformity and economy by one body than at present. A greater control over the expences would result; and by a regular publication of the accounts they would be laid more open to the view of the citizens,
The committee do not find that any important revenue is derived from licenses or internal taxes of an indirect kind in the principal cities of the United States : The expences of these cities are paid, as with us, by direct taxes and from the income of public property : The chief advantages they possess arise from the adoption & steady pursuit of wise plans of Finance & the disposal and [25]
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CITY DOCUMENT No. 128.
management of city property, by a responsible body, to whom these powers are delegated. To enable the town of Boston to realize similar advantages & thereby materially to improve the condition of its financial concerns, nothing more seems to be requisite than to adopt a similar system with that which prevails in those cities ; and which in the opinion of your committee the alterations they have proposed are well calculated to attain.
The committee have also proposed that the municipality should have power to grant suitable privileges and immunities to asso- ciations of Mechanics, Artificers or Manufacturers within the town : This power however must necessarily be regulated by Constitution & Laws of the state, and can only effect those who voluntarily associate together.
Your committee conceive that under such provision as they propose, regulations may be adopted for the benefit of this class of citizens, which will materially promote industry & the public good.
The committee respectfully submit the result of their delibera- tions to the town and hope that it will be received with that candor, to which it is in some respect entitled, if from no other, at least from this consideration, that it is the work of men, called without any previous concert or knowledge of theirs, by the un- solicited voice of their fellow citizens to a task both delicate & difficult. Whatever decision the wisdom of the Inhabitants of the town shall finally make upon the report now offered for their consideration, your committee are clearly [76] of opinion, that it should not be made without deliberation and that every citizen should have an opportunity to examine the subject at his home and at his leisure, and shew his sentiments in a manner, which shall at once be the most satisfactory & the most likely to have weight with the Legislature to induce them to grant the prayer of the Town, in case the result should be in favour of the Report
For this purpose, your Committee after expressing their earnest wishes for the prosperity ; increasing wealth and good order of the Metropolis and sincerely praying that their labours may even- tuate, as it is their humble belief should the principles proposed be adopted, that they will, in advancing all those great interests : ask leave to report the following vote for the adoption of their fellow Citizens
Voted, that the Report & Bill this day presented to the town by the Committee appointed on the subject of taking into con- sideration the expediency of making an alteration in the Municipal Government of the town, be printed and distributed to every house, and that this meeting be adjourned unto the thirteenth day of November next, then to meet at this place at ten o'Clock in the forenoon, and that the Selectmen be requested to issue notifica- tions of such meeting in the usual form, notifying the inhabitants to come prepared to decide by ballot, by yea or nay in writing, on the acceptance of said Report .-
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BOSTON TOWN RECORDS, 1815.
A Bill For the Government of the Town and City of Boston.
Section 1st. Be it enacted, by the Senate and house of Repre- sentatives in General Court assembled, and by the authority of the same. That the Selectmen of the Town annually chosen according to law, together with twenty four delegates & one Ill- tendant to be chosen as hereafter directed, shall be a body corporate & Politic with power in behalf of the Inhabitants of the Town of Boston, to sue and be sued, to plead and be impleaded. to make use [of] a common seal, & the same to alter or change at pleasure ; and shall be known by the title and stile of the Intend- ant & Municipality of the Town and City of Boston.
Sec : 2ª. Be it further enacted, That the Inhabitants of the said Town & City qualified to vote for town officers, shall on the first Wednesday in April annually, meet in their respective Wards, and choose by Ballot, two persons freeholders in said Town & resident in the Ward for which they shall be chosen, who shall be denominated Delegates. The mode of proceeding in the choice and in case of a refusal to serve, shall be the same as is provided by law respecting the choice of members of the Board of Health : and the election of said Delegates shall have priority of any other business which may be before the respective Wards on the as- signed day of Meeting.
[78.] Sec : 3ª. Be it further enacted, That the Selectmen and Delegates together with the Overseers of the Poor and Board of Health shall annually assemble within ten days after the Dele- gates shall have been chosen, and shall elect by joint Ballot, one suitable person who shall be called "Intendant" of the Town & City of Boston, and in case of Death or resignation of said Intendant the Boards above named shall proceed forthwith to fill the vacancy. Provided, that no person shall hold more than one of the offices of Delegate, member of the Board of Health or Overseer of the Poor, at the same time.
Sec : 4th. Be it further enacted, That the Intendant so chosen, shall be ex officio, Chairman of the Selectmen, he shall preside at the meetings of the Selectmen of the municipality, and of the School Committee; all communications to those Boards, shall be made through him; he shall attend daily in some central & pub- lic office, to receive the report of the Police officers, and the com- plaints and representations of Individuals and to direct prosecu- tions for the breaches of the laws. He shall have the general superintendence with the concurrence of the Selectmen, of the Police of the Town and City, and take care that the laws enacted
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for the general [good], are faithfully executed. He shall receive such salary as shall be judged adequate to his services by the municipality.
Sec 5th : Be it further enacted, That the Intendant and Munici- pality shall settle the rules & orders of proceedings of their meet- ings. They shall have power to make all such bye-laws & ordinances for the government of the Town & City & for the government of the Town & City & for the management of its [9] concerns as they shall judge necessary ; & to establish reasonable penalties for the breach thereof : Provided, that such bye laws & ordinances are not repugnant to the Constitution & laws of the Commonwealth, and that they shall not be in force untill they have been published one week in two of the papers printed in Boston.
Sec : 6th. Be it further enacted, That the Intendant and munici- pality shall have the care & management of all property, real or personal, belonging to the Town & City, with power to lease or sell any real estate of the Town & City, the Common excepted, and to give deeds thereof and to make purchases of real estate for the erection of public buildings, and for other purposes, beneficial to the Town & City. Provided, that no sale of real estate shall be made, unless specially inserted in a notification for a meeting for that purpose, and unless the measure shall have been discussed at two several meetings of the municipality and determined by yeas & nays of two thirds of the members com- posing the whole body
Sec : 7th. Be it futher enacted, That the expenditure of monies shall be made under the direction of the Selectmen, Overseers of the Poor and Board of Health, in their several departments, con- formably to appropriations to be from time to time made by the municipality. Regular accounts of expenditure shall be kept by the three Boards and exhibited annually at a meeting of the municipality and twenty days at least before the annual meeting in March, a full abstract of the same, and of all the accounts of the Treasurer and an estimate of the sums necessary to be raised for the ensuing year, shall be published in hand bills and circulated among the Inhabitants.
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