USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1814 to 1822 > Part 5
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[80.] Sec : 8th. Be it further enacted, That the municipality shall annually elect a Treasurer and Collector or Collectors in the same manner and under the same regulations as is now done by the convention of Selectmen, Overseers of the Poor & Board of Health. They shall determine the sum necessary to be raised for the expences of the year, and issue their warrant to the assessors to levy and assess the same.
47
BOSTON TOWN RECORDS, 1815.
Sec : 9th. Be it further enacted, That the municipality shall annually [choose ] all officers now chosen by the Town, the Select- men, Overseers of the Poor, School Committee, Town Clerk, Fire- wards, Board of Health, Assessors & assistant assessors, who shall continue to be chosen as heretofore. They shall also choose Constables and such police officers or deputies to the Intendant, as experience may prove necessary, and shall have power to remove the same upon misconduct or disobedience of orders. They shall also supply any vacancy occasioned by the death, resignation or removal of any officer appointed by them.
Sec : 10th. Be it further enacted, That the Selectmen shall be ex officio Surveyors of Highways : that all the powers which are now vested in the Selectmen, Overseers of the Poor & Board of Health, and all the duties enjoined on them by law, shall continue to be vested in and executed by them respectively, excepting all such powers & duties as are by this act, tranferred to the munici- pality as aforesaid.
Sec : 11th. Be it further enacted, that the municipality shall have power to grant to any association [81] of artists, artificers, or mechanics such power of regulating themselves in their several occupations and of possessing such immunities, and imposing such restrictions as the said municipality shall consider for the benefit of the community and for the encouragement of Industry - Provided such powers & regulations be not repugnant to the Constitution & laws of the Commonwealth. -
Sec : 12th. Be it further enacted, That the Town & City of Boston shall hereafter be a County by the name of the County of Suffolk & the Intendant & Municipality shall hold and exercise all the powers & authorities now exercised by the courts of Ses- sions of the present County of Suffolk : They shall annually elect a County Treasurer, and have the direction and control of his proceedings, and establish the Salary which he shall receive. They shall publish a statement of the income & expenditures of the County, at the same time and in the same manner as is required in relation to the other Town and City expences.
Sec : 13 Be it further enacted, That the Intendant and Municipality, shall once in every quarter of the year, uominate and select from the Justices of the Peace of the County, three persons, to be Justices of a Police Court, for the quarter of the year ensuing, which shall be holden daily in some convenient & central place by one or more of said Justices ; at which court a record shall be kept of the whole business of criminal police within the County, so far as the same is recognizable by a justice of the peace. The Constable shall be directed [82] to return all warrants to this Court, and any person carried before any other magistrate may claim examination and trial before said
48
CITY DOCUMENT No. 128.
Court. In selecting Justices of the Police Court care shall be taken, that all the Justices of the County shall be taken in suc- cession quarterly, if they shall express their consent to act as Justices of said Court.
Sec : 14th Be it further enacted, That the municipality shall annually appoint a Clerk of the Police Court, who shall attend the Court daily : He shall keep a record of all the proceedings of this Court. And all the Justices of the county shall make return to him weekly Copies of their records of all criminal busi- ness transacted by them. He shall reduce to writing all exam- inations, make out warrants, receive recognizances and transmit them to the proper Courts & perform such other duties as the nature of his office may require. The Justices and Clerk to receive in addition to the fees established by law such further compensation as the Municipality shall direct
All which is submitted
John Phillips
John Cotton
John T. Apthorp
Rodfd. Webster
Ebenezer T. Andrews
A. Crocker
Francis Welsh
Wm. Mackay
John Mackay
John Wood
Lynde Walter
Joseph Howe
Jona. Whitney
Jas. Robinson
William Homes
B. Smith
Jacob Rhoades
Josiah Quincy
Thomas Badger J. C. Ransford
George Blake
Benj". West
Sepr. 25th. 1815. The foregoing Report was ordered to be printed for general information.
Adjourned to Monday the 13th. November Next 10 O'Clock A. M.
[83.] The Town met at 10 o'Clock A. M. according to ad- journment.
The Moderator informed the Inhabitants that the Report of the Committee chosen in the wards had been printed agreeably to their vote of the 16th ultimo, and that the Selectmen were ready to receive the ballots on the acceptance of the Report.
After some debate it was Voted, That the Selectmen receive the yeas & Nays untill one o'Clock, and that the Poll should be closed at that time
At the close of the Poll it appeared that there were 920 yeas & 951 nays - The question on the acceptance of the Report passed in the negative .-
Then the Meeting was Dissolved.
49
BOSTON TOWN RECORDS, 1816.
1816.
[84.] At a Meeting of the Male Citizens of the Town of Boston, held at Faneuil Hall on Monday the 11th. day of March A. D. 1816 - 10 o'Clock A. M.
Prayer by Revd. Mr. Frothingham.
Warrant for calling the Meeting - read.
Laws respecting the Election of Town Officers - read.
John Phillips, Esquire, chosen Moderator.
Thomas Clark, was chosen Town Clerk, for the year ensuing, and the Oath of Office was administered to him by the Moderator.
Charles Bulfinch
Robert Williams
Ebenezer Oliver
George G. Lee
Jonathan Hunnewell John Bray and
Joseph Lovering
Turner Phillips Esquires-
Joseph Austin
were chosen Selectmen for the year ensuing.
The oath required by Law was administered to the six first named Gentlemen by the Moderator.
William Smith William Mackay
William Phillips Joseph Coolidge Jun".
Redford Webster Joseph Richards
Thomas Perkins Jonathan Phillips
Samuel Snelling Samuel May and
[85.] Ozias Goodwin Jacob Hall Esquires
were chosen Overseers of the Poor and of the Workhouse for the year ensuing.
Voted, That in addition to the Selectmen twelve persons shall now be chosen a School Committee; and the votes being col- lected it appeared that the following Gentlemen were chosen. viz :-
Revd. Charles Lowell Charles Davis
Revd. Horace Holley John Heard Junr.
Revd. Sam1. C. Thacher Peter O. Thacher
Docr. Aaron Dexter Francis J. Oliver
Docr. Thomas Welsh William Smith and
Doc". John C. Warren
William Wells Esqrs.
Voted, That the above named Gentlemen who conjunctly with the Selectmen are termed the School Committee, be and hereby are directed to carry the system of education adopted by the Town into operation : and that the said Committee be also
50
CITY DOCUMENT NO. 128.
authorized and empowered conjunctly to manage and regulate the Government of the Schools; and to execute all the powers relative to the Schools & Schoolmasters [86] which the Selectmen or such Committees are authorized by the laws of the Commonwealth or by votes of the Town to exercise.
Voted, That the Thanks of the Town be given to Joseph Foster, Benjamin Weld and Edmund Hart Esquires for their faithful services as Selectmen.
Voted, that 4 o'Clock this afternoon be assigned for receiving the votes for a Register of Deeds for the County of Suffolk.
Adjourned to 4 O'Clock, P. M.
Town met according to adjournment .-
John Bray and Turner Phillips Esquires,
chosen Selectmen, appeared & being qualified by the Moderator, took their seats at the Board.
Thomas Melvill Andrew Cunningham
Samuel M. Thayer
Joseph Tilden
John Winslow Jona. Hunewell
Joseph Austin
Benjamin Rich
Daniel Messenger
Benjamin Smith
Joseph Lovering Gedney King
Nath1. Curtiss
Francis J. Oliver
Edward Cruft
John D. Williams
James Phillips Nathan Webb
William Harris Stephen Codman
[87.] John Winslow Jun". Jonathan Loring. John Mackay and Bryant P. Tilden Esqrs. were chosen Firewards for the year ensuing.
Voted, That the Selectmen be a Committee to receive the votes for a Register of Deeds for the County of Suffolk.
The Chairman reported that the whole number of votes was 479 and that William Alline Esquire had 440 and Jolin J. Loring 39.
Votes were received for a Treasurer for the County of Suffolk by Moderator & Town Clerk when it appeared that the whole number was 238- and that they were all for John Winslow Esgr.
51
BOSTON TOWN RECORDS, 1816.
Voted, That the thanks of the Town be given to William Sullivan Esq". for his faithful services as a Fireward for many years past.
Messrs. Benjamin White John Cogswell William Clouston Wm. Ellison Nath1. Bradlee
Noah Dogget
Bradock Loring Thomas Christie
Messrs. William Green Eleazer Homer Joseph Stodder Allen Bowker William Allison Junr.
Nath1. Glover John Howe Jun". Richard Thayer
[88.] Edward J. Robbins Henry Blake Joseph Tucker and Moses Eayres Jun".
were chosen Surveyors of Boards and other Lumber for the year ensuing.
Messrs. Henry Purkitt John Smith Nath1. Howe and Benjamin Clark
were chosen Cullers of Hoops & Staves.
Messrs. Thomas Barbour Messrs. Benja. Owen James Brown William J. Hammatt Thomas Lambord, and Walter Jackson
Nath1. Howe Benja. Clark Charles Pook John Bannister John Smith were chosen Cullers of Dry Fish.
Messrs. Benjamin White Nathaniel Bradlee and William Ellison Jun".
were chosen Fence viewers.
Messrs. Barney Sloan Joseph Champney Joseph Selaway and Neddy Curtis, were chosen Hogreeves and Haywards.
Samuel Emmons and James Phillips Esquires,
were chosen Surveyors of Hemp.
[89.] Messrs. Edward Tuckerman and Josiah Snelling Esqrs.
were chosen Surveyors of Wheat
52
CITY DOCUMENT No. 128.
Messrs. John Wells and Richard Austin were chosen Assay Masters.
The Selectmen were chosen Surveyors of Highways.
Messrs. Michael Homer Francis James and Samuel Sprague were chosen Inspectors of Lime.
Upon the petition of a number of the Inhabitants "That the sense of the Town be taken, whether the business and duties of the Board of Health cannot be as fully and more economically carried into effect, by three or more suitable men, to be appointed by the Selectmen and amenable to them."
Voted, That,-Col Thomas Badger for Ward Nº. 1 Redford Webster Esq". -
2
Benja. Smith Esq". 3 Josiah Marshall Esq". 4
Benjamin Weld Esq".
5
Andrew Sigourney Esq". - 6
William H. Sumner Esq". 7
Francis Welsh Esqr. - 8
Hon1. Thomas H. Perkins 9
Hon1. Daniel Sargent - 10
Capt. John Wood - 11
Barzillia Homes 12
Be a Committee to take the subject of the said [90] Petition into consideration, to confer with the Committee of the General Court, who have a Bill respecting the Board of Health under consideration, and to report at the adjournment.
Messrs. Thomas Badger - Ward Nº. 1 Samuel Hichborn - 2 -
Turrell Tuttle - -
3 Enoch Patterson
4
William Tileston
5
Geo. W. Otis -
6
John P. Thorndike Caleb Hayward - 6 8
7
Isaac P. Stimpson 66 9
Joseph Allen - -
10
John Roulston - 11 -
Samuel Sprague - 12
Were chosen Inspectors of the Markets for the year ensuing.
Voted, That the Inspectors of the Markets be directed to pay attention to the weight of bread sold by the different bakers in
53
BOSTON TOWN RECORDS, 1816.
this Town, and take measures to carry the law regulating that article into effect.
Voted - That Stephen Codman, Francis T. Oliver & John Osborn Esquires, be, and hereby are appointed a Committee to audit the accounts of the Town Treasurer, and also those of the Overseers of the Poor & Workhouse, & the Board of Health. And said Committee are directed to report the sum necessary to be raised for the services of the present year.
[91.] Voted, That the consideration of all money matters be referred to the May Meeting .-
Adjourned to Monday the 25th day of March instant-10 o'clock A. M.
Monday March 25th. 1816. 10 o'Clock A. M.
Met according to adjournment.
The Committee of the Town of Boston, appointed at a Town meeting on the eleventh day of March current to whom was com- mitted the Petition of a number of the Inhabitants, "That the sense of the Town may be taken, whether the business and duties of the Board of Health cannot be as fully, and more economically, carried into effect by three or more suitable men, to be appointed by the Selectmen and amenable to them."-have at several meetings, taken the said Petition and the subject committed to them into consideration. Your Committee (as they were directed by the Town conferred with the Committee of the General Court ; they also requested the Board of Health, or such a Committee as they should appoint, to meet and confer with your Committee, which request was complied with ; and your Committee, having thereby become possessed of the views, and wishes of the Board of Health, are happy to inform the Town that it is not the desire of any of the members of that Board, that their services should be paid for by the Town, either by the establishment of Salaries [92] or by the receipt of fees. Your Committee entertain the belief, that the extensive powers which it is necessary that a Board of Health should possess, may, with the greatest safety, be vested in such of our patriotic fellow Citizens, as shall annually be selected, for their known humanity, and public spirit ; and such as would expect no other reward for their services, than the approbation of their Townsmen; and are, therefore unan- imously of opinion, that it would be inexpedient to transfer these extensive powers from men, residing in the several parts of the Town & annually chosen by the Citizens in their respective wards ; to such Superintendents as the Selectmen should appoint,
54
CITY DOCUMENT No. 128.
as such would serve the Town for hire only, and would expect to be rewarded only by the pecuniary advantages resulting from their official situations.
Your Committee have examined the Health Laws, and find that the powers of the Board of Health are given by eight different Statutes. From the number of acts, and a want of suitable pre- cision of expression in some of them, doubts have arisen in the interpretation of the Laws : and the powers of the Board of Health have been found sometimes to interfere with those of the Selectmen, & vice versa. Some of the doubts and inconve- niences, which have arisen, under existing laws, will be enumer- ated.
There are various modes pointed out for the recovery of fines and penalties, which have unnecessarily increased the cost of prosecution ; which might easily be simplified.
In consequence of the number of Laws which [93] have been made, since the establishment of the Board of Health, regarding and altering the Jurisdiction of the various Courts in this County, there is a doubt whether any Court in the County has an appel- late Jurisdiction, in any case which has been decided by a Justice of the Peace : and since a decision of the Boston Court of Com- mon Pleas, and an opinion given by one of the Justices of the Supreme Court, it is uncertain whether, as the laws now stand, there is any mode of enforcing a compliance with them by any legal process whatever.
It is doubtful whether the Board have the right to oblige a family in which a person shall be found infected with any con- tagious disease, to retain such person in the house until he or she can, with safety, be removed to the Hospital. - It is doubtful whether the powers of the Board extend to the removal of any nuisances other than those particularly enumerated in the Statutes .-
And as the Board of Health have doubts whether, under the existing Laws, they have power from time to time to alter their Quarantine Regulations, your Committee are of opinion that all doubts on that subject should be removed, and that the Board of Health should have the power, and should take the responsibility, of regulating the Quarantine of vessells from time to time, accord- ing to existing circumstances.
Your Committee are of opinion, that by combining all the vari- ous existing powers into one Statute, the difficulties aforesaid and others, which it is unnecessary particularly to enumerate, might be removed ; the law would be rendered more intelligible and less [94] expensive in its execution ; but they cannot at present discern a necessity for the appointment of any new officers, or for conferring (except as before alluded to) any new powers on the Board of Health - And as the subject has already been taken up in the Legislature, and a Committee, consisting of three of our most respectable Townsmen, have now the subject under consideration ; and as that Committee are not disposed to report
55
BOSTON TOWN RECORDS, 1816.
to the Legislature any law, which will not be agreeable to the Town; but will with pleasure, advise and consult with such a Committee as the Town shall appoint for the purpose of guarding the Towns interests ; Your Committee beg leave respectfully to recommend to the Town the adoption of [the] following vote. -
Voted, that
be a Committee, to take the subject of the Laws regarding the Health of the Town of Boston into consideration ; and to confer with any Committee appointed by either branch of the Legisla- ture ; with power to consent to such a modification of the existing Laws as shall, in their opinion best comport with the rights and interests of the Town.
Thos. H. Perkins, Chairman per order.
Boston March 21st. 1816.
The foregoing report was read & accepted by the Town; and the blank was filled with the names of the following Gentlemen as the Committee - vizt.
Hon1. Thos. H. Perkins Hon1. Daniel Sargent
[95.] Benjamin Weld Esq. Josiah Marshall Esq.
Redford Webster Esq. Andrew Sigourney Esq.
Thomas Badger Esq. Francis Welsh Esq.
William H. Sumner Esq. John Wood Esq. and
Benja. Smith Esq. Barzillai Homes Esq.
Revd. Joshua Huntington was chosen one of the School Com- mittee in place of Revd. S. C. Thacher, who declined serving.
Voted, That Peter O. Thacher Esq., Benjamin Russell Esq. and Mr. Joseph Callender be a Committee to revise the bye laws relative to the Market, and upon conferring with the Inspectors of the Market, to consider what additional powers should be given to them, and what regulations can be adopted to enable them to execute the duties of their appointment and report.
Voted, That the Thanks of the Town be given to the Hon1. John Phillips Esquire, for his services as Moderator of this meeting.
Then the Meeting was Dissolved. 1
[96.] At a Meeting of the Male Inhabitants of the Town of Boston of twenty one years of age and upwards, qualified as the Constitution prescribes and legally warned and assembled at Faneuil Hall on Monday the first day of April 1816 - 9 ()'Clock A. M.
56
CITY DOCUMENT No. 128.
Prayer by the Revd. Mr. Sharpe.
Warrant for calling the Meeting - read.
Paragraphs of the Constitution or Frame of Government, rela- tive to the choice of Governour, Lieutenant Governour and Sen- ators, read .-
Law of the Commonwealth dividing the State into Districts for the choice of Counsellors and Senators, read.
It was afterwards determined that the Poll should be closed at 2 O'Clock, and that the bells begin tolling at half past one .-
Persons voted for as Governour, with the number of votes for each person, viz.
Hon1. John Brooks - 3522
Hon1. Samuel Dexter
2022
His Excellency Caleb Strong
1
Hon1. William Gray 3
Henry A. S. Dearborn 2
5550.
Persons voted for as Lieutenant Governour, with the number of Votes for each person, viz .-
His Honour William Phillips 3562
Hon1. William King 1941
Hon1. William Gray
7
Chs. Carter 1. John Holmes 1. Thos. Melville 1 - 3
John Brooks 1. James Prince 1. H. Dearborn 1 -
3
5516
[97.] Persons voted for as Senators for the District of Suffolk, with the number of votes for each person, viz. Hon1. Harrison G. Otis 3520 John Phillips 3536
66 Thomas H. Perkins
3523
Josiah Quincy
3461
Jonathan Hunnewell 3515
66 Richard Sullivan 3523
Henry Dearborn 1923
David Townsend Esq". 1941
William Little Esqr. 1933
Russell Sturgis Esq". 1919
Caleb Bingham Esq".
1941
William Ingalls Esq". 1939
James Lloyd - 33
57
BOSTON TOWN RECORDS, 1816.
D. Sargent 1. C. Loring 2. Abraham Jones 1 - 4
T. K. Jones 2. Wm. Tudor 2. Josiah Dow 4 8
Arnold Welles 1. Frink Roberts 2 -
3
S. H. Walley 1. Ed Jones 1. Sam Brown 1. Enos Cobb 1. - 4
Chs. Bulfinch 1. Geo. Blake 1. Tris. Barnard 1.
3
Ben. Smith 1. John Wells 1. A W Fuller 2 4
wm. Gray 1. Geo. Cabot 1. Benj. Austin 1 3
Benjamin Russell 1. Geo. Darricot 1 2
Attested Copies or return of the persons voted for as Govern- our, Lieutenant Governour & Senators for the District of Suffolk sealed up in open Town Meeting, after the vote had been declared, to be transmitted to the Secretary of the Commonwealth as prescribed by Law, and directed as follows, viz.
To Alden Bradford Esq". Secretary of the Commonwealth of Massachusetts-Votes of the Town of Boston for Governour & Lieutenant Governour sealed up in open Town Meeting.
Also for six Senators for the District of Suffolk, directed in the same manner.
Then the Meeting was Dissolved.
[98.] At a Meeting of the male Inhabitants of the Town of Boston, of twenty one years of age and upwards, qualified as the Constitution prescribes, held at Faneuil Hall on the 16th day of May A D 1816. 10 O'Clock A. M.
Prayer by the Revd. Mr. Dean.
Warrant for calling the Meeting, read.
Paragraphs of the Constitution relating to the choice of Repre- sentatives, read
The return of the Assistant Assessors signifying that the major and minor polls were 9729 - being also read. The Inhabitants were directed to bring in their votes for Representatives not ex- ceeding Forty three.
Votes were received by the Selectmen untill half past one o'clock, when they declared the Poll to be closed.
The whole number of votes given in was 791, necessary to make a choice 396.
58
CITY DOCUMENT NO. 128.
The following gentlemen were nearly unanimously elected, viz,
James Robinson William H. Sumner
Josiah Bachelder
Ephraim Thayer
Stephen Codman
Nathaniel Curtis
Benjamin Russell
William Tudor jun".
Benjamin Whitman
Richard Faxon
Charles Davis
[99.] John D. Howard Thacher Goddard
Benjamin Whitwell
Thomas W. Sumner
Lynde Walter
Samuel Hubbard
Jonathan Loring
Benjamin Rand
Jonathan Whitney
John French
Joseph Pierce
Gedney King
Andrew Sigourney
Charles W. Greene
Thomas Barry
Joseph W. Revere
Henry Sargent
John Cotton
William Harris
John Mackay
Benjamin Gorham
Edward T. Channing
William Sturgis
Peter O. Thacher
John Howe of Ward Nº. 12 David Sears Jun".
Nathan Appleton
Josiah Bradlee
George Sullivan
Josiah Marshall and
Israel Thorndike Jun".
Benjamin Smith
Then the Meeting was Dissolved.
[100.] At a legal Meeting of the Inhabitants of the Town of Boston, held at Faneuil Hall on Monday the 27th day of May A. D. 1816. 10 o'Clock A. M.
Warrant for calling the Meeting, read.
Hon1. John Phillips Esqr. chosen Moderator.
John Howe of Ward Nº. 12 was chosen a Selectman, in the place of George G. Lee, Esquire, deceased.
Thomas Wigglesworth Esq". was chosen on the School Com- mittee in place of William Smith, Esqr. deceased.
Edward Tuckerman JJun'. Esqr. was chosen an Overseer of the Poor & of the Work house in place of William Smith Esqr. de- ceased.
Turner Phillips Esqr. was chosen a Fire Ward, in place of Bryant P. Tilden Esqr. resigned.
Edward Tuckerman William Dall Joshua Davis were chosen Trustees of Neck Land.
William Hammatt Peter O. Thacher and Thomas Dawes Esquires,
59
BOSTON TOWN RECORDS, 1816.
William Trefrey, was chosen a Culler of Dry Fish.
A Petition from the Assessors, that the Town would grant them a further compensation for their services, was read .-
A motion was made and seconded, that the [101] petitioners have leave to withdraw their petition. which being put, passed in the affirmative.
The Committee appointed on the 11th day of March last " to audit the accounts of the Town Treasurer, and to report the sum necessary to be raised for the services of the present year" have attended that service & ask leave to report, that they have exam- ined the Accounts of Andrew Sigourney Esqr. the Town Treas- urer & Collector herewith - that they find the same correctly stated, right cast, and well vouched, and that there remains [as] a balance in the hands of the Treasurer the sum of $19,224.4 cents belonging to the Town.
Your Committee further report that the Standing Committee of finance having informed them that in their annual report to the Town, on the subject of their monied concerns they have stated the sum which in their opinion would be necessary to be raised by the Town for the services of the present year; your Committee therefore beg leave to refer the Town to that report for such further information on that subject as may be neces- sary. all which is respectfully submitted.
Stephen Codman per Order .-
The above Report read & accepted by the Town.
Upon the representation & exhibition of the doings & proceed- ings of Andrew Sigourney Esquire, Treasurer & Collector of taxes of the Town of Boston this last year.
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