USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1814 to 1822 > Part 7
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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 de- clared, 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.
[119.] At a Meeting of the male Citizens of the Town of Boston held at Faneuil Hall on Tuesday the 22d day of April A.D. 1817 -
Warrant for calling the Meeting - read.
Honble. John Phillips Esq". was chosen Moderator.
The meeting was called " to consider and act upon the petition of a number of the Inhabitants, that the Selectmen my be em- powered to choose a Committee of such a number of discreet citizens as they may find expedient, to take into consideration the Bye Laws for the regulation of Carts & Trucks, and to report such modifications and changes of the present regulations as in the opinion of such Committee may be just and reasonable, and consistent with the rights and welfare of the community "
The Petition being read, it was moved and Voted, That the Selectmen of the Town of Boston be and they hereby are author- ized & empowered to appoint a Committee consisting of seven
73
BOSTON TOWN RECORDS, 1817.
citizens of this town ; which Committee shall have power to take into consideration the several orders & Bye Laws now in force regulating the carriage of goods, merchandize and all other articles, on Carts, Trucks or Waggons within said town; and to report at an adjourned meeting, all such amendments, alterations and additions to said orders and Bye Laws as in the opinion of said Committee may be necessary and proper.
Adjourned, to Tuesday the 6 day of May next - then to meet at this place at 10 O'Clock A.M. -
Tuesday May 6th. The Town met according to adjournment.
The Moderator informed the Inhabitants that the Selectmen had, in conformity to a vote of the Town appointed William Sullivan Isaac Winslow
Thomas Badger Benjamin Rich
Richard D. Tucker Eben". Farley and
Josiah Bradlee Esqrs.
a Committee to take into consideration the petition relative to Carts & Trucks.
[120.] Mr. Wm. Sullivan Chairman of the Committee ap- pointed for that purpose arose and stated to the meeting, that they had several times met upon the subject committed to them, but were not ready to report; and moved for an adjournment of the meeting to the fifth day of June next-The question being taken, it passed in the affirmative.
Adjourned to Thursday 5th. day of June next 10 O'Clock A.M.
At a Meeting of the Male Inhabitants of the Town of Boston of twenty one years of age and upwards, qualified as the Consti- tution prescribes, held at Faneuil Hall on Thursday the 15th day of May A.D. 1817-10 O'Clock A.M.
Prayer by the Revd. Mr. Holley.
Warrant for calling the Meeting -read -
Paragraphs of the Constitution relating to the choice of Representatives - read -
The return from the Board of Assistant Assessors signifying that the major and minor polls were 9448 - being also read .- The Inhabitants were directed to bring in their votes for Repre- sentatives not exceeding forty two .-
The Poll was closed at half past 1 O'Clock.
74
CITY DOCUMENT NO. 128.
The whole number of votes given in were 542 - necessary to make a choice 272
The following Gentlemen had a majority of Votes, and were declared to be duly elected Representatives for the year ensuing - vizt.
Stephen Codman
Benjamin Whitwell
Josiah Bachelder Benjamin Smith
Benjamin Russell John Cotton
Thomas W. Sumner
Josiah Marshall
Benjamin Whitman
John Mackay
Charles Davis
Peter O. Thacher
Wm. H. Sumner
Joseph W. Revere
William Tudor jun".
Samuel Hubbard
[121.] John D. Howard
Benjamin Rand
Jonathan Loring
John French
Thomas Barry
Josiah Bradlee
Henry Sargent
David Sears
Benjamin Gorham
John Howe
Edward T. Channing Samuel Swett and
Francis Bassett
Then the Meeting was Dissolved.
[122.] At a legal Meeting of the Inhabitants of the Town of Boston held at Faneuil Hall on Monday the 26 day of May A.D. 1817. - 10 O'Clock A.M.
Warrant for calling the Meeting - read -
Hon1. John Phillips Esq". was chosen Moderator.
Voted, That the Communication from Ward N. Boylston Esqr. be referred to a Committee of the Town with instructions to report at an adjournment of the meeting a statement of facts, with their opinion as to the best course to be taken by the Town.
James T. Austin, Sam1. Swett, Stephen Codman, Arnold Welles and Nathan Webb Esquires, were chosen a Committee agreeably to the above vote. -
The Committee appointed by the Town on the 10th day of March last, to " Audit the Accounts of the Town Treasurer, and also those of the Selectmen, Overseers of the Poor and Work- house, and the Board of Health; with directions to report the sum necessary to be raised for the services of the present year, " have attended to the service assigned them by examining the Accounts of the Town Treasurer and Collector, of the monies by him received and paid; they find the same right cast and well
75
BOSTON TOWN RECORDS, 1817.
vouched ; that there results a balance of Eighteen thousand, Eight hundred, & fifty eight Dollars & forty cents remaining in the hands of the Treasurer belonging to the Town. This Account which is handed herewith, includes all the drafts made on the Treasurer by the Selectmen, Overseers and the Board of Health, who are authorized by the Town to appropriate the Towns money for the several purposes within their respective departments - the general particulars of which your Committee presume will appear by the statement which is annually made to the Town by the standing Committee of Finance ; to which Report your Com- mittee also refer the Town for the amount of the sum necessary to be raised for the services of the present year. - all which is respectfully submitted.
Stephen Codman Chairman of Committee - p Order -
Boston May 1817.
[123.] Fifth annual report of the Committee of Finance of the Town of Boston.
The Committee of Finance of the Town of Boston, consisting of the Selectmen, Overseers of the Poor & Board of Health, have attended to the duty assigned to them by the Town; have examined the Books of the Treasurer & Collector and are sat- isfied with the diligence and attention of that officer and with the accuracy of his accounts.
They present the following report.
The Amount of Warrants for taxes in 1816, given to the Treasurer & Collector, were
For State Tax - - -
$26639.76
" Town & County Tax
131015.94
$157655.70
Amount received by the Treasurer from 18
Oct. 1816 to 20th. May 1817
$144818.60
Amount of Abatements 7379.50
Balance remaining uncollected
5457.60
$157655.70
from which it appears, that the whole tax has been paid or settled in less than eight months, excepting about 5000 Dollars, from which the Treasurer estimates nearly one half may be collected : This promptness your Committee think honourable to the Treasurer and to the Inhabitants; and is an instance of well managed financial concerns, scarcely to be met with in any other City or Town containing so great a number of Inhabitants.
76
CITY DOCUMENT NO. 128.
Dr. The Town of Boston.
On State Tax
County of Suffolk
Notes to several Persons
$17141.33 12100. 33500.
Mrs. Brookers donation, a fund the interest of which is paid annually to Widows and Sick persons - 1230.
Balance unpaid on Selectmens and Overseers Drafts 158.60
64129.93
Unliquidated Accounts -
5870.7
$70,000.
[124.] The Town of Boston Cr.
By Several Notes for Land &c
$3539.73
Due for State Poor - 7000.
" Taxes uncollected estimated, at - 2000.
$12539.73
Cash in the Treasury
18858.40
31398.13
Balance
38601.87
$70,000.
The balance of the Account Current last year was - - - -
$39969.33
The above statement shows it to be at present 38601.87
1367.46
And exhibits the sum paid this year of the )
old Debt -
5
A calculation was made in the last year's report to pay off 14000 Dollars of the Debt; but this expectation has not been realized, owing to unexpected demands in the Selectmens department, for improvements in streets to the amount of 8000 Dollars - and to the expences of the alms House, which have exceeded the estimates about 6000 Dollars in consequence of the hardships of the poor from the severity of Winter & the stagnation of Busi- ness. - These circumstances it is hoped, will not again occur to intercept the operation of the sinking fund; but to secure its
77
BOSTON TOWN RECORDS, 1817.
full effect, it is advisable to appropriate a larger amount than has been usual, to contingent unforseen expences.
The demands of the Town being as above stated
$70.000
Add thereto for current expences of the [year] as follows
For Selectmen 70,000. Overseers $30,000 - 100,000
Board of Health -
6,500
Amount of State Tax
22,000
County Tax -
21,000
Interest on outstanding debt
2400
$221,900
From which deduct two installments of old Debt - each of 14000 dollars, to be paid
in two succeeding years -
28,000.
$193,900.
[125.] To be provided for as follows
From money in the Treasury - 18858.40
Notes becoming due 3539.73
From Commonwealth for Poor
7000.
Rent of Market, Town house &c
12000.
Taxes receivable, outstanding
2000.
Amount assessed for State
tax
22000
Do. - - County Tax - 21000
D°. Town 107,501.87 Abate- ments 10,000
117501.87
160501.87 $203900 .-
The Committee recommend, that the Town should vote a tax of 107501 Dollars & 10000 in addition to meet the abatements ; this amount will defray the current expences of the year & one installment of the deferred debt.
Respectfully submitted, By Order of the Comee. of Finance. Charles Bulfinch Chairman.
The foregoing report was read and accepted by the Town.
Voted, That the sum of one hundred and seventeen thousand. five hundred & one dollars, be raised by a tax to be assessd upon the Polls & Estates of the Inhabitants of the Town, to defray the expences of the town the present year.
Upon the representation and exhibition of the doings and pro- ceedings of Andrew Sigourney Esqr. Treasurer & Collector of Taxes of the Town of Boston the last year.
78
CITY DOCUMENT NO. 128.
Voted, that the Town of Boston highly approve of the conduct of the said Andrew Sigourney Esqr. in the said offices of Treasurer and Collector, and that he has faithfully, as was in his power completed the execution of his duty in said offices to which he has been appointed as aforesaid, and that he be excused from all delinquency or default in not having effected the full and com- plete settlement of the taxes by him to have been received or collected according to Law. -
[126.] The memorial of a number of the Inhabitants " That a suitable compensation be annexed to the office of Chair- man of the Selectmen " being read - it was moved and
Voted, That the Memorial be referred to the Committee of Finance who are to enquire if the Chairman of the Selectmen is entitled to any Compensation - to determine upon the amount of such Compensation not exceeding One thousand Dollars. -
Edward Tuckerman William Dall
William Hammatt Peter O. Thacher and
Joshua Davis Thomas Dawes Esqrs.
were chosen Trustees of Neck Land.
Messrs. Romanus Emerson & Abel Hewens
were chosen Fence viewers for the District of South Boston.
Voted, That the Treasurer be authorized to borrow a sum not exceeding Seventy thousand dollars, if the same should be found necessary for the service of the Town. -
On the application of his Honour William Phillips Esq".
Voted, That the Town Treasurer be authorized and directed to receive from his Honour William Phillips, Esqr. the amount of the sum bequeathed to the Town by the Will of his late Father, towards the building of a Hospital, and to execute a Release for the same in behalf of the Town. and that the Town Treasurer pay the same to the Treasurer of the Massachusetts General Hospital to be applied to the purposes of that Institution.
The Selectmen laid before the town a list of persons they had selected to serve as Jurors, at any Court for which they may be drawn, for three years next ensuing.
Voted, That the Town accept the list of persons to serve as Jurors, presented by the Selectmen, and confirm their doings. -
Voted, That the Selectmen be a Committee to cause a Pound to be built in South Boston, in such a situation as they shall con- sider best suited to the public convenience.
79
BOSTON TOWN RECORDS, 1817.
[127.] Voted, That there be allowed and paid unto the Honble. Thomas Dawes the sum of Seven hundred and fifty dollars as his Salary as Judge of the Municipal Court for the present year.
Voted, That there be allowed and paid unto Thomas Clark, Town Clerk the sum of One thousand dollars as his Salary for the present year.
Voted, That there be allowed and paid out of the Treasury of the Town of Boston the sum of One thousand Dollars to each of the permanent Assessors of the Town for the present year.
Voted, That there be allowed and paid unto Andrew Sigourney Esqr. the sum of three thousand Dollars, in full for his services as Town Treasurer & Collector of taxes, for Clerk hire and all other expences in the delivery of tax bills & collection of taxes.
The Petition of a number of the Inhabitants for additional Schools, was referred to the School Committee, with the addition of one person from each ward, to be appointed by the Selectmen.
Adjourned to Thursday the 5 day of June next 10 O'Clock A.M. -
Monday June 5th. 1817 -
Met according to adjournment from the 6th. Ultimo.
The Moderator being absent
Stephen Codman Esq".
was chosen Moderator, Pro. tem.
The Committee, to whom was referred the Petition of Adam Smith, and others, Truckmen, beg leave to report. -
That as the Streets of Boston are, and lawfully may be used as highways by persons who are not subject to those restrictions which may be imposed on the inhabitants of the town, great damage will continue to be done by the carrying of heavy loads on the streets and which cannot be prevented by any town authority unless further power should be given by the Legislature. It appears to the Committee reasonable, that carriers, who live in adjoining towns, and whose usual & daily employment is the transportation of various articles to and from the places of busi- ness in this town, should be restrained in the carrying of loads as the [128] Inhabitants of the town are restrained. Whether it will be expedient to regulate this intercourse between this town, and other towns, and the mode of doing it, if it can, & ought to be done, should be left, as the Committee conceive, to the discretion of the Selectmen, with the request on the part of the Inhabitants of the Town, that the Selectmen would petition
80
CITY DOCUMENT No. 128.
for any further legislative provisions on these subjects, which they may find to be proper : and make such representations to the proprietors of Bridges, which lead into the town, as they may find to be expedient. -
The Committee have diligently inquired concerning the loads which are usually carried in the streets of the town by the in- habitants thereof & have examined the Bye Laws now in force on this subject; they find that it is not unlawful to carry one perch of Stone; or twenty bushels of gravel or sand; or one Chaldron of Coal; or six feet of Wood ; or one thousand feet of board; in any one load ; each of which are equal, at least to one ton and an half in weight, and that no complaint is made of such loads, nor is any injury supposed to be done to the streets by the carry thereof ; nor is it supposed, that any load which can be conveniently & easily, drawn by two horses, on wheels, (with the width of tire, which the Law now requires) will do any injury to the streets, excepting in the spring season ; and the Committee, having to propose regulations for carrying, during the spring season, are of opinion, that the petition to be allowed to carry a weight not exceeding one ton & an half is reasonable; and that no greater weight than one ton and an half, ought to be drawn by two horses, within the Town of Boston.
They beg leave to present, for the consideration of the town, votes which express the result of their deliberations on this subject.
The Committtee have also considered whether any and what change could be made in the form of the trucks now in use, and have obtained information as to the forms in use in other great towns.
In most of the Southern Cities, one horse Carts are used, excepting for the bringing heavy articles from the Country. [129] many persons are desirous of introducing the like mode of carrying among us; or of reducing the length of the truck now in use, and the Committee attended to every suggestion of this nature, with an earnest disposition to discover & propose to the town such reform as would be generally acceptable ; They have come to the conclusion that carrying is no where done with more safety and expedition than in this town ; - that with the introduction of one horse cars would come difficulties much less tolerable than those now complained of ; and that important dis- advantages would accrue from the use of such cars which the Committee need not enumerate in this report ; and among them, that the side ways would be oftener, and longer, and more inconveniently obstructed in the places of business than they now are, while the cars were loading & unloading; and that the number of moving obstructions in the streets from the necessarily increased number of vehicles, which would be used therein. - The Committee believe that the present form of Trucks may be easily passed, when moving in the street as a Waggon drawn by
BOSTON TOWN RECORDS, 1817.
two horses could be passed ; and that the principal objection to the present form is, that when set across some streets to load and unload, a sufficient and convenient width for passing is not left; and the Committee recommend that the Bye-Laws on this subject should be most rigidly enforced. - The Committee, after the most diligent attention to this subject, are not able to pro- pose any reform which can, and ought to be, effected by Law, or by the regulations of the town.
They believe that if any change for the better can be effected, it must result from experiment and that this could be made by a voluntary association among individuals, who might, at a small expence, or at the expence of the town, under the direction of the Selectmen, ascertain whether any changes can be made whereby the business of the town might be done more con- veniently and advantageously than at present: and that while the present form of trucks continues, it would be most con- venient to the truck owners, and to those who employ them to have the length of the truck twenty four feet & six inches, and not twenty five feet as some of them now are. -
The Committee have proposed and herewith submit the votes they suppose to be proper on this subject for the consideration of [130] the Town. - The Committee also considered the cruelty. which is so often practised in the streets on horses used in the draft and are certain that they express the feelings of their fellow citizens, in reprobating this practice as inhuman, in those who are guilty of it; and as disgraceful to the town.
It may not be proper to found legislative provisions upon those sentiments which are commonly felt for the most noble, generous, and useful of animals, but it is certainly, one of the most imperi- ous duties of all well ordered society, to prevent, whenever it can be done, oppression and cruelty.
All citizens have a common right in the streets ; and the right to use them, without being afflicted by scenes of suffering, which are occasioned by mere wantonness and barbarity.
The use of the whip is, sometimes necessary, and justifiable ; but all citizens whose business requires the power of horses, have, it is to be presumed, such, as can perform all proper and reason- able labor, by ordinary caution, and without distressing violence.
It is believed to be no less for the interest, than it is the duty, of such citizens, not to take persons into employ, who have no feeling for the animals, which are submitted to their power, nor any regard, while exercising power, for the feelings of their fellow men.
The Committee beg leave to offer to the town such votes on this subject as have appeared to them necessary. signed,
Wm. Sullivan, Josiah Bradlee, Eben". Farley
Benj. Rich, Thos. Badger, Isaac Winslow. - Committee Boston June 4th. 1817 .-
The foregoing Report was read and accepted by the town. and the following Bye Laws were passed, and ordered to be laid before the Court of Session for confirmation.
82
CITY DOCUMENT NO. 128.
1 st.
It is hereby ordered - That no truck shall be used within the town of Boston, the length whereof from the end of the shaft, to the extreme end of the side shall be greater than twenty four feet and six inches ; and that any regulation or Bye Law now in force inconsistent with this provision, be and the same is hereby repealed ; and that if any truck shall hereafter be used of greater length than twenty four [131] feet and six inches the owner thereof shall forfeit and pay the sum of Five dollars for every time such truck is used.
2ª.
It is hereby Ordered - That it shall be lawful to carry on any truck, Cart, or Waggon any load the weight whereof shall not exceed one ton and an half, excepting in the spring season ; and if any load shall be carried within the town of greater weight than the aforesaid weight, on any truck, cart or waggon, the driver thereof and the owner thereof, shall severally forfeit and pay the sum of five dollars. excepting those loads which consist [of] one article which cannot be separated.
3ª.
It is hereby Ordered -That the Selectmen be and they hereby are authorized and empowered to regulate and order from time to time, in the successive years, the weight of any loads, and of all loads, which may be carried within the town in the spring season, while the streets are liable to be injured by the carrying of heavy loads thereon ; and that it shall be the duty of the Selectmen to give public notice in each successive year of the day on which the restrictions which they make shall begin and end .-
4th.
It is hereby Ordered - That if there shall be carried a greater weight, than the Selectmen may permit to be carried, in the spring season, there shall be forfeited and paid the sum of five dollars, to be recovered of the driver of the vehicle whereon the same is carried, or of the owner of such vehicle. -
5th.
It is hereby Ordered - That if any truck, or Cart, shall be so placed in any street, within this town, cither to load or unload, as not to leave a sufficient space for the passing of any other truck, cart or carriage of any description, the owner of any truck or cart so placed, & the driver thereof, shall severally, forfeit, and pay, the sum of two dollars for every such offence. - Pro- vided that it shall be lawful to take a reasonable time for the loading and unloading of heavy articles not exceeding six min- utes. -
83
BOSTON TOWN RECORDS, 1817.
6th
[132.] It is hereby ordered - That if any person who shall be employed in the driving or conducting of any cart, Waggon, truck carriage or other vehicle whatsoever, which is drawn by one horse, or more horses than one, shall unnecessarily & unreason- ably beat, or cruelly use any horse or horses, under his care or management, within the town of Boston, such person shall for- feit and pay the sum of Five Dollars; and the Owner or owners of such Cart, Waggon, truck, carriage or other vehicle shall for- feit and pay the sum of Five Dollars for every such offence.
7th.
It is hereby Ordered - That all the aforegoing penalties and forfeitures shall be recovered on complaint, and on due proof and evidence, before any Justice of the Peace, together with costs of prosecution, to the use of the town of Boston. - And that it shall be the duty of the officers of Police to complain of, and prosecute all offences herein provided against, which may come to their knowledge. -
Then the Meeting was Dissolved.
[133.] The Town met agreeably to an adjournment from the 26 Ultimo.
The Moderator being absent
Stephen Codman Esqr.
was chosen Moderator Pro. Tem.
The Committee to whom was referred the communication of Ward Nicholas Boylston Esquire with instructions to report a state of facts, and their opinion as to the best course to be taken by the town, have attended to that service, and Respectfully Report
That the late Thomas Boylston by his last will and testament, on which probate was granted in 1799 devised and bequeathed to the Town of Boston " all his estate personal and real " for certain uses and intentions in the same minutely set forth : a copy of which will is on the files of the town. -
The gross amount of property bequeathed to the town by this will, as far as your Committee can ascertain the same, after pay- ing the debts of the Testator, and not including arrears of in- terest, (if any is due ) amounts to the sum of . $68500 in money, - and in certain real estate set off on Execution for the sum of 81500. -
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