USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing Boston town records, 1814 to 1822 > Part 8
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$150000.
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CITY DOCUMENT No. 128.
The Committee have not added Interest, because none could fairly be calculated, except on the balance in the hands of the administrator, after deducting expences ; nor for a longer time than such balance was actually in his hands and as a consider- able portion of the above sum is in unproductive real estate & nearly fifty thousand dollars in the hands of the assignees under a former Commission of Bankruptcy against the Testator, and not reduced to the possession of the Administrator, it is the opinion of the Committee, that an interest account would not add much to the above sum.
[134.] But even this sum is altogether nominal, and the Committee have no reason to believe, that if all controversy was at an end, the property could be made to produce more than seventy five thousand dollars.
1st. Because the nominal estimate of the real estate, is known to be vastly above its present value, as is proved by the fact, that the estate in Princetown set off for $46700 and two thou- sand dollars in addition, has been offered to the town as an equivalent for $15,000 only.
2ª. Because the collection of this sum, under the peculiar embarrassments attending it, has been charged with very heavy expences, among which is an undisputed annuity of $520 to Mr. Gill, and a litigated claim of £200 Sts. p annum to the former partner of the late Mr. Boylston in England.
Admitting therefore, that the Town could realize the benefits intended by the munificent Testator, it is probable, in the opinion of your Committee, that they would receive about Seventy five thousand dollars.
Soon after the decease of Mr. Boylston, his Will was commu- nicated to the inhabitants in legal town meeting assembled, and the Selectmen were constituted agents for the town with all necessary powers, to enforce the payment of this liberal donation. Having obtained advice of eminent Counsel, they caused proper legal measures to be instituted, and during the last fifteen years, there has been a continued litigation with the administrator, with- out obtaining any beneficial result or coming within the prospect of a favorable termination.
During the whole of this perplexed & troublesome concern, the Gentlemen who have successively sat at the board of Select- men have bestowed on it an indefatigable and patient attention, which entitles them to the respect and gratitude of their constitu- ents ; and it [is ] certainly not owing to any want of intelligence or fidelity on their part, that the town is yet kept out of the posses- sion of property, which it was the undoubted intention of the Testator should long since have been appropriated to their use.
[135.] Peculiar difficulties attend the prosecution of the Town's claims ; chiefly however from the fact, that the will being made in a foreign Country, by a subject of the same, redress must be sought through the intervention of foreign Courts, and by the application of foreign Laws. -
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BOSTON TOWN RECORDS, 1817.
Your Committee do not deem it useful to enumerate the difficulties in such a process ; nor can they decide between the conflicting opinion of Counsel as to its final result. In this doubtful course of litigation, they can find nothing certain, but continual accumulating, ruinous expence. -
As this expence must be borne by each of the parties, while the suit during its continuance, locks up the property from both, the administrator and the agents of the town have repeatedly turned their attention to the expediency of a compromise.
Mr. Boylston originally offered $10,000 in three per Cent Stock, for a full release; but this sum was with great propriety rejected by the Selectmen. Fifteen thousand dollars were subse- quently offered, payable without interest in part, at a future day ; and Twenty five thousand demanded by the Selectmen; at which stage of the business it was again brought before the Town, and the present Committee appointed to consider & report the best course to be adopted.
Your Committee have the satisfaction to add, that the admin- istrator has well proposed to pay Twenty thousand dollars as a compensation for receiving a full discharge ; and has agreed that it shall bear interest from the day that his proposition is accepted by the Town ; which offer is more advantageous by six thousand two hundred dollars than any one hitherto made.
The Committee unanimously recommend that this proposition be accepted by the Town ; and thus that an end be put to all further litigation and expence. It being understood, that this sum which will be freed from the incumbrances, which shackle the bequests of the will, and that it is to be used and appropri- ated as the Town in its wisdom shall be pleased to direct. -- In order to complete this Contract with Mr. Boylston, and execute the legal instruments which are necessary to give efficacy to the compromise, the Committee have prepared the Vote hereunto annexed for the approbation of the Town. -
All which is respectfully submitted - pr. order
James T. Austin Chairman of the Committee.
[136.] The foregoing representations were read & accepted, -and Voted, That James T. Austin, Samuel Swett, Stephen Codman, Arnold Welles & Nathan Webb Esqrs. be appointed agents on the part of the Town of Boston, with full powers to make execute & deliver in due form of Law to Ward Nicholas Boylston Esquire but at his expence and cost full perfect & com- plete releases, acquittance and discharge of all & every claim and demand of said Town upon said Ward Nicholas Boylston in his capacity of Administrator with the will annexed, of the goods & estate, which were of Thomas Boylston, late of London, in the Kingdom of Great Britain, deceased : and of all legacies, rights and interest under the Will aforesaid -which said release and discharge the said agents are authorized and empowered to make and deliver, if the said Ward Nicholas Boylston shall within sixty days from this date secure to said town of Boston by
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CITY DOCUMENT NO. 128.
Mortgage of real estate within the same to the satisfaction of said Agents, the payment of the sum of Twenty thousand dol- lars, by equal instalments in two, three, four and five years with interest from the date hereof annually on the whole sum that shall be due, except that no interest shall be payable until two years from this date.
And that after the execution and delivery of the mortgage aforesaid by the said Boylston, that the Selectmen of said Boston be requested to execute and deliver to said Boylston all such re- leases and discharge at his expence, as may be necessary to exon- erate him from any liability to them in their capacity of Trustees under the will aforesaid -
Voted, That James T. Austin, Samuel Swett, Stephen Codman, Arnold Wells & Nathan Webb Esqrs. be a Committee in addition to the Selectmen, to receive, adjust and bring to final settlement the accounts and demands for services of the several Gentlemen who have been employed as counsel in the suit of the Judge of Probate or of the Town against Ward Nicholas Boylston Esquire, administrator of the Estate of Thomas Boylston Esquire .-
Then the Meeting was Dissolved.
[13].] At a legal meeting of the Inhabitants of the town of Boston held at Faneuil Hall on Thursday the 5th. day of June A. D. 1817-11 O'Clock A. M.
Warrant for calling the Meeting - read -
Stephen Codman Esqr. was chosen Moderator .-
This Meeting was called "To adopt suitable measures to evi- dence the respect of the Inhabitants for the President of the United States, on his expected visit to this metropolis - On Motion
Voted, That a Committee of nine persons be chosen to consider and report to this meeting, what measures it will be expedient for the Town to adopt to express, their respect for the President of the United States, upon his expected visit .-
The following Gentlemen were nominated from the Chair and chosen on the Committee - vizt.
Honble. Harrison G. Otis Hon1. Wm. Gray
Gen1. Arnold Welles James T. Austin Esqr.
George Blake Esq". Benjamin Russell Esq".
William Sullivan Esqr. William H. Sumner Esq".
Israel Thorndike Esqr.
The above Committee reported the following resolutions which were read and unanimously adopted by the Town -
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BOSTON TOWN RECORDS, 1817.
Whereas the President of the United States is expected to visit this town, and it is the desire of the citizens that he should be received with all the demonstrations of respect and attention which are due to the station and character of the first Magistrate of the Union.
[138.] Therefore Resolved - That the Selectmen joined by a Committee of thirteen citizens, now to be chosen, be requested to provide for the suitable reception and accommodation of the President of the United States and his suit during their residence in the town.
Resolved, That the Selectmen and the said Committee be requested to meet and receive the President of the United States upon his entrance into the Town, and that they, accompanied by such citizens as may attend them, and by such military escort as may be provided by the proper authorities, conduct him to his lodgings ; and that they, in behalf of the Citizens of Boston, present to him as expressive of the satisfaction felt by them, in the presence of so distinguished a visitor ; of their disposition & desire to con- tribute by all the means in their power to his comfort & pleasure during his stay in this Metropolis, and of their sincere wishes that his health may be preserved, that his administration may secure the peace & honor, promote the prosperity and command the gratitude and affection of a free people.
Resolved, That said Committee may also make such arrange- ments for the occasion as they may deem expedient. -
Voted, that the Committee of nine chosen this day, with the addition of
Major Gen1. Dearborn Thos. H. Perkins James Prince and Aaron Hill Esquires
be the Committee, named in the first resolution.
Voted that the thanks of the Town be given to the Moderator for his services at this meeting.
Then the Meeting was dissolved.
[139.] The following address of the Inhabitants of the Town of Boston, to the President of the United States of America was agreeably to a vote of the Town at their late meet- ing, this day presented him by the Committee of arrangements.
To the President of the United States
Sir,
The Citizens of Boston, by their Committee appointed for that purpose, beg leave to offer you their cordial and respectful salutations upon your arrival in their metropolis.
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CITY DOCUMENT NO. 128.
The visit with which you are pleased to honour them, recalls to the recollection of many their interview with your illustrious predecessor, the Father of his Country, on a similar occasion. They remember with great satisfaction, the hope, the confidence, and the fond anticipation of national prosperity which his presence inspired ; and it is now, Sir, a subject of congratulation to you and to themselves, that after thirty years of eventful ex- periment, during conflicts and revolutions in the old world which have threatened all, and subverted many of its ancient govern- ments, the Constitution which was adopted under the auspices of that great man, has acquired vigour and maturity, and that in a season of profound peace his successor is permitted by the pros- perous state of public affairs, to follow his example, in visiting the extensive country over which he has recently been called to preside.
While this journey affords to many of your [140] fellow citi- zens the opportunity and advantage of commencing with you a personal acquaintance, which is always desirable between a people and their rulers, they rejoice at the same time in the belief that the local information relative to the great and various interests of the United States, which you will derive from actual observation, will facilitate your arrangements for their defence and security ; and enable you to apply in practice, with additional confidence, and success, those principles of an elevated and im- partial policy which you have been pleased to promulgate as the basis of your intended administration.
Called to the service of your Country at an early period of life, and distinguished in the arduous struggle which obtained its Inde- pendence, your subsequent occupations in successive important offices and various departments, at home & abroad, have afforded you the means of becoming conversant with the foreign and do- mestic relations of the Nation, and with those qualifications you are now raised to the highest dignity, which can be conferred by a free People.
These public claims to consideration and attention from all descriptions of your fellow Citizens, are cheerfully admitted by the citizens of Boston, who are also desirous of evincing their respect for the unblemished tenor of your private character, and their sense of the urbanity and hospitality which peculiarly char- acterized your deportment towards all those of your countrymen, who during the period of your foreign embassies, were so fortu- nate as to come within [141] the sphere of your civilities and protection.
It is therefore with real satisfaction, that they received you within the precincts of Boston ; and they pray you to be assured of their earnest solicitude to contribute by all the means at their command to your comfort and enjoyment during your residence in this Town.
They also, confiding in the rectitude of your intentions and trusting that the powers vested in you by the Constitution, will be exercised with a sincere regard to the welfare of the people,
89
BOSTON TOWN RECORDS, 1817.
whose precious interests are committed to your charge, avail themselves of this occasion, to express their ardent hope that the favorable circumstances which attend the commencement of your administration may with the blessing of Heaven, under your guidance, concur to promote the advancement of our beloved Country, to the highest possible condition of prosperity.
With these sentiments they unite their best wishes for your health and happiness : and that the course and close of your ad- ministration may entitle you to the gratitude and affections of your constituents, and the respect of posterity.
By order of the Committee. Charles Bulfinch Chairman.
[142.] To which the President returned the following Answer.
Fellow Citizens
The kind reception which you have given me. on the part of the citizens of Boston, and which their conduct has so fully confirmed, has made a deep and lasting impression on my mind, which you will have the goodness to communicate to them.
As no person is more willing than I am, in the discharge of my duty, according to the fair exercise of my judgment, to take example from the conduct of the distinguished men who have preceded me in this high trust [it] is particularly gratifying to me, to have recalled by this incident, to the memory of many who are now present, a like visit from the illustrious commander of our revolutionary army ; who by many other important services, had so just a claim to the revered title of Father of his country -It was natural that the presence of a citizen, so respected and be- loved, who had so eminently contributed to the establishment of this government, and to whom its administration in the com- mencement had been committed, should inspire an enlightened. a virtuous and free people, with unlimited confidence in its suc- cess ; and it is a cause of general felicitation and joy to us all to find that thirty years successful experiment, have justified that confidence and realized our most sanguine hopes in its favour. Yes fellow [143] citizens, we instituted a government for the benefit of all; a government which should secure to us the full enjoyment of all our rights, religious and civil; and it has been so administered.
Let us then unite in grateful acknowledgments to the Supreme Author of all good, for extending to us so great a blessing. Let us unite in fervent prayers, that He will be graciously pleased to continue that blessing to us, and our latest posterity.
I accepted the trust, to which I have been called by my fellow citizens with diffidence, because I well knew the frailty of human nature, and had often experienced my own deficiencies.
I undertook this tour, with a view and in the hope of acquiring knowledge which might enable me to discharge my various and
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CITY DOCUMENT NO. 128.
important duties with greater advantage to my country, to which my whole mind, and unwearied efforts shall always be directed. In pursuing objects so dear to us all, I rely with confidence on the firm and generous support of my fellow Citizens throughout our happ Union.
James Monroe.
[144.] At a meeting of the Freeholders and other Inhabi- tants of the Town of Boston, held at Faneuil Hall on Friday the 4th day of July A. D. 1817 10 O'clock A. M.
Warrant for calling the Meeting read.
Thomas Clark was chosen Moderator.
The Committee appointed the last year to make choice of a Gentleman to deliver an Oration on the Anniversary of Indepen- dence - Reported That they had chosen Edward T. Channing Esq". who had accepted the appointment.
Adjourned to meet at the old South Church at 12 Oclock M.
Met at the Old South church where an Oration was delivered by Edward T. Channing Esq". to commemorate the Independence of the United States of America.
Voted That the Selectmen be and hereby are appointed a Committee to wait on Edward T. Channing Esqr. in the name of the Town, and thank him for the elegant and spirited Oration this day delivered by him at the request of the Town, upon the anni- versary of American Independence in which were considered the feelings, manners and principles which produced the great National event, and the important and happy effects general and domestic, which have already or will forever flow from that auspicious epoch, and to request of him a copy for the press.
Voted, That the Gentlemen Selectmen be and hereby are ap- pointed a Committee to apply to some able and learned Gentleman to deliver an Oration on [145] the 4th July 1818. That day being the Anniversary of the Independence of the United States of America ; wherein the orator is to consider the feelings, man- ners, and principles which led to this great national event as well as the important and happy effects which have already, or will forever flow from that Auspicious Epoch.
Then this meeting was Dissolved.
91
BOSTON TOWN RECORDS, 1817.
[146.] At a convention of the Boards of Selectmen, Over- seers of the Poor and Board of Health of the Town of Boston held at Faneuil Hall on Thursday the 24th day of July A. D. 1817 4 O'clock P. M.
Present A Majority of each Board.
Voted to proceed to the choice of a Town Treasurer for the year ensuing.
Mess Hunnewell & Jackson a Committee, to receive, sort and count the votes.
Votes being taken for a Town Treasurer, Andrew Sigourney Esq". was declared to be unanimously Chosen.
Voted to come to the choice of one Collector of taxes for the ensuing year.
Votes being taken, Andrew Sigourney Esqr. was chosen unani- mously.
Mr. Sigourney having been notified of his appointment to the above offices, declared his acceptance; and proposed Hon. Jona- than Hunnewell and Benj. Weld Esq". as his Bondsmen.
Voted that the above named Gentlemen be accepted as Mr. Sigourneys bondsmen, and that they execute a bond of Twenty thousand dollars as Treasurer, and another bond for the same sum as Collector of taxes.
Voted That Turner Phillips, Ozias Goodwin & Benj. Whitman Esqrs. be a committee to see that the Bonds are given by the Treasurer & Collector of Taxes, and that he is qualified accord- ing to law.
[147.] A memorial from a number of the Inhabitants, pro- posing that a suitable salary be annexed to the office of Chairman of the Selectmen - and the vote of the Town thereon, referring the subject to this Convention, were now read and considered - and
Voted, That in the opinion of this convention, it is expedient and proper that a suitable compensation be annexed to the office of Chairman of the Selectmen.
Voted That a Salary of one thousand dollars be paid to the Chairman of the Selectmen from the Town Treasury for the present year.
Convention Dissolved.
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CITY DOCUMENT NO. 128.
[148.] At a legal Meeting of the Inhabitants of the Town of Boston, duly qualified to vote for Representatives in the General Court of this Commonwealth, held at Faneuil Hall on Monday the 17th. day of November A. D. 1817.
10 O'Clock A. M.
Prayer by Rev. Mr. Dwight.
Warrant for calling the Meeting read
A precept from the Governor & Council directing the Select- men to call a meeting for choice of a Member of Congress, in the room of the Hon. James Lloyd, resigned, was also read.
The Inhabitants were requested to bring in their votes for a Representative for the Suffolk District, in the Congress of the United States & that the Selectmen propose to close the Poll at half past one O'clock.
Persons Voted for as a Representative for the Suffolk District in this Commonwealth in the present Congress of the United States viz.
Hon. Jonathan Mason 1664 Andrew Ritchie Esqr. - 1376 Hon. Daniel Webster 7
Wm. Sullivan
4 Wm. H. Sumner 2. 6
John Welles 1 Rich'd Sullivan 1 2
James T. Austin
1 P. O. Thatcher 1 2
Thos. H. Perkins 1 R. G. Amory 1 2
Ben. Russell 1
Jacob Stearns 1 2
Frederick F. Lane- 1 Wm. Wood 1 2
Dan1. Treadwell 1 Abm. F. Howe 1 2
3065
A return of the doings of this meeting [149] was made out, conformable to the printed directions of the General Court and delivered by the Town Clerk to the Sheriff of the County of Suffolk.
Then this Meeting was Dissolved.
1818.
[150.] At a meeting of the Male Citizens of the Town of Boston, held at Faneuil Hall on Monday the 9th. day of March A.D. 1818.
10 O'Clock A.M.
93
BOSTON TOWN RECORDS, 1818.
Prayer by Rev. Mr. Ballou.
Warrant for calling the Meeting read.
Law respecting the Election of Town Officers read.
Hon. John Phillips Esqr. chosen Moderator.
Thomas Clark, was chosen Town Clerk for the year ensuing, and the oath of Office was administered to him by the Moderator
Turner Phillips Joseph Austin
Ebenezer Oliver Henry Bass Jonathan Hunnewell Samuel Dorr
Joseph Lovering Enoch Silsby and
Henry Farnum Esquires were Chosen Selectmen for the year ensuing.
Voted, that the Thanks of the Town be presented to Charles Bulfinch Esq". for his able and faithful services as a Selectman for twenty two years nineteen of which he with great ability dis- charged the duties of Chairman of that board.
The oath of office was administered to [151] the eight first named Selectmen by the Moderator.
Hon. William Phillips Joseph Richards
Redford Webster Jonathan Phillips
Thomas Perkins Samuel May
Samuel Snelling Jacob Hall William Mackay Edward Tuckerman Jr. &
Joseph Coolidge Jr. Samuel H. Walley Esq".
were chosen Overseers of the Poor and of the work house for the year ensuing.
Voted, That the Thanks of the Town be given Ozias Goodwin Esqr. for his faithful services as one of the Overseers of the Poor for many years past.
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. Doct. Aaron Dexter Charles Davis Esqr.
" Thomas Welch [152] Francis J. Oliver
" John C. Warren Peter O. Thatcher
Rev. Charles Lowell William Wells
Horace Holley Benjamin Russell &
Joshua Huntington Henry J. Oliver Esqr
Voted, That the above named Gentlemen who conjunctly with the Selectmen are termed the School Committee, be and hereby
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CITY DOCUMENT NO. 128.
are directed to carry the System of education adopted by the town into operation, and that said Committee be also authorized and empowered conjunctly to manage and regulate the Govern- ment of the Schools, and to execute all the powers relative to the Schools and School Masters which the Selectmen or such Com- mittees are authorised by the laws of this Commonwealth or by the votes of the Town to exercise.
Voted, That the Thanks of the Town be given to Thomas Wigglesworth Esqr. for his services as one of the School Com- mittee for several years past.
Voted That the Thanks of the Town be given to Joseph Tilden Esqr. for his faithful services as one of the fire Wards for several years past.
Thomas Melville
Samuel M. Thayer
Andrew Cunningham
Joseph Austin
John Winslow
Benjamin Rich
Stephen Codman
Joseph Lovering
Jonathan Hunnewell
Gedney King
Daniel Messenger
Francis J. Oliver
John D. Williams
James Phillips
Jonathan Loring
Nathaniel Curtis
John Mackay
Bryant P. Tilden Turner Phillips &
Nathan Webb Lemuel Shaw Esqrs.
were chosen Fire Wards for the year ensuing.
Votes were received for a Treasurer for the County of Suffolk, by the Moderator & Town Clerk, when it appeared that John Winslow Esq. had one hundred & ninety five votes and Jonathan Hunnewell Esqr. one Vote.
Messrs. Benjamin White [154] William Ellison Nathaniel Glover John Howe Jr.
William Clouston Nathaniel Bradlee Noah Doggett Braddock Loring Thomas Christie William Green
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