USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing minutes of the Selectmen's meetings, from September 1, 1818, to April 24, 1822 > Part 10
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The Chairman informed the Board that he had been served with notice from Mr. Silas Field that he shall apply to the Hon. Court of Sessions on the 31st inst to be licensed as an auc- tioneer at No. 18 Merchants row (which had previously been referred by the Board) The subject was referred to Mr. Shaw, to whom the Chairman was added to make such opposition as they may think proper either by personal attendance For remonstrance.
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SELECTMEN'S MINUTES, 1819.
The committee consisting of the Chairman Messrs. Silsby & Shaw appointed to consider and report a suitable mode of recording [184.] all the streets, lanes, alleys, courts, places, slips, &c belonging to the town have attended the duty assigned them and, report, that in their opinion this is a subject of very considerable importance & for the want of such a record the town has sustained many losses. That an imperfect descrip- tion of the streets &c &c may lead to errors, litigations & losses, to avoid which and have a record as perfect as possible your committee were of opinion it was necessary to employ some person or persons to take a complete plan of each street &c &c as they now are; many alterations having been made in those that are on record) to obtain this desirable object your com- mittee applied to Messrs. William Taylor & John G. Hale who have named their terms which are now presented for the con- sideration of the Board - The committee would observe altho' they demand $826 they are willing to perform the duty for seven hundred dollars.
The committee would recommend that the surveyors be furnished with paper suitable for the purpose, which shall be bound into a book or books, that a plan of each street &c be taken on one leaf, with a description of the plan on the opposite leaf and a blank leaf left to record any additions or alterations that may hereafter take place.
[185.] The above report was unanimously accepted and the Committee authorized to contract with Messrs. Taylor & Hales, that they shall be paid seven hundred dollars by the town when the business is completed to the satisfaction of the Board.
Messrs. Lovering & Austin were appointed a committee to procure a suitable person for superintendent of the lamps for the ensuing season.
The memorial from a number of citizens owning or occupy- ing stores in Cornhill was again taken into consideration, and it being suggested, if the clerk of the market was directed to order the horses or other cattle taken from the carts or other vehicles, belonging to persons from the country, who occupy stands in that street, for the purpose of disposing of produce from the country the grievance complained of would be diminished. - It was therefore ordered. That the Chair- man be instructed to direct the clerk of the market or police officer to order all those persons who occupy stands in Cornhill or Market street for the purpose of selling the produce of the country, to have their horses or other cattle taken from their carts or other vehicles and sent out of the street.
[186.] Voted, that the Chairman be instructed not to receive any new application for license for selling spiritous liquors from and after this day .-
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CITY DOCUMENT NO. 61.
Boston ss. At a Meeting of the Selectmen September 1st, 1819 - Present, Messrs. Phillips, Oliver, Lovering, Austin, Bass & Dorr .-
Passed the quarterly & monthly accounts.
7 Jurors were drawn for the United States District Court.
Proposals for supplying eleven hundred gallons summer strained sperm oil for the town lamps were received from Messrs. Jos. P- Bradlee & William Lovering Junr. - the latter gentleman offering to supply it at the lowest rate; his proposals were accepted.
The Chairman reported that a communication had been sent to the Court of Sessions stating the reasons that had induced the Board to refuse licensing auctioneers to sell near the market; - and also requesting the Hon. Court would not grant the application of Silas Field for a license to sell by public vendue at No. 18. Merchants Row.
[187.] Messrs. Lovering & Austin not having determined on a suitable person to superintend the lamps; - Mr. Hay- ward was requested to attend to that business for the present .-
Mr. David Williams was licensed as an auctioneer, his place of business in the chambers of house No. 60 Cornhill.
Mr. Henry White was licensed auctioneer, his place of busi- ness No. 12 Prince street.
The committee of Section No. 2. to whom the Chairman was added, were authorized to have such parts of Temple street paved as they may think necessary to secure that street.
The committee of Section No. 2. were authorized to make such repairs in Ann street as they may think necessary .-
It being represented to the Board that Mr. David Hinckley was extending the foundation for a fence to his building on Beacon & Somerset streets beyond the limits heretofore pre- scribed by the Board; - it was agreed by the gentlemen present to meet on the ground tomorrow at 11. o'clock A. M. to view the same .-
[188.] Boston ss. At a meeting of the Selectmen Wednes- day Sept. 8th, 1819. Present, Messrs. Phillips, Oliver, Austin, Bass & Dorr .- .
The Chairman & Mr. Dorr reported that they had attended to the duty assigned them respecting Temple street, & were
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of opinion, that to prevent the destruction of the street it was necessary to pave across the head of the street & also two gutters, that if this only was done, the abutters were not com- pelled to put down edge stones & make the side walks, conse- quently there would be no support for the gutters & they would be liable to be torn up; in addition to which they con- sidered the gutters would constitute one third of the width of the street, which must be taken up & consequently lost when the street was paved which must shortly be done; They had therefore given orders to have the upper half [of] the street paved. - They also reported that Messrs Hart & Tuttle had offered to pave the remainder of the street & wait for their pay for this till next year. - The report of the committee was accepted and Mr. Dorr authorized to have the whole street paved on the conditions offered by Messrs Hart & Tuttle. - The Board agreeably to assignment met on the 2nd inst. at Beacon street & having viewed the foundation of the fence erecting by Mr. Hinckley on Beacon & Somersett streets, instructed the chairman to notify Mr Hinckley to stay all further proceedings on the fence until the further order of the Board. - The Chairman informed that he had notified Mr. Hinckley & had received a note from him in reply which he read. The Board after maturely considering the subject were of opinion as there would be width, after the side walks were laid, for two carriages to pass, it was not absolutely necessary to widen Somersett street, & as the benefit the pub- lic would derive from the small addition that could be made to [189.] the street would be adequate to the sum that might be recovered of the town; it was voted, that the Chairman be instructed to confer with Mr. Hinckley on the subject, & if he (Mr. Hinckley) will agree to have the hammered stone of the fence set as near his house as the present foundation will admit & will engage that no step from the platform of the door of his house on Somersett street shall extend on the side walk, & that he make no demand on the town for any land he now has thrown into the street, the Board on these conditions con- sent to his completing his fence on the present foundation.
Return was received from the Brigade Major of the number of infantry in the 1st 2d & 3d. regiments. - Messrs. Lovering & Dorr were appointed a committee to purchase the powder necessary for them, & to have the cartridges made .-
The application of Solomon H. Hudson for permission to fix his apparatus for trying lard in store No. 2 Locks wharf, was referred to Messrs Lovering & Austin.
The Chairman informed that a committee from the Society worshipping in Methodist Alley had waited on him with a complaint that they were interrupted & disturbed in their
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CITY DOCUMENT No. 61.
public worship of God, & requested the aid of the Board. They also requested that Mr. Henry Davis a member of their society might be appointed one of the constables of the town for the purpose of apprehending any of the disturbers.
The Board requested the Chairman to inform the com- mittee that they were disposed to afford all the aid & assistance in their power & to this end they had complied with their request & appointed Mr. Davis a constable [190.] and instructed the Chairman to direct the police officer to employ one of the constables at the expence of the town to attend with him, to apprehend any person or persons who might be guilty of a breach of the law in this case, or those who were aiding & abetting others in so doing.
Mr. Jos. W. Geyer requested permission to change his place of business as an auctioneer from Doane street to No. 1 Fish street which was granted .-
'The remonstrance of Wm Parmenter & Silas Collamore against paving Richmond street was referred to the com- mittee of Section No 2 .-
The application of a number of the inhabitants of this town & Roxbury to open the street heretofore laid out over the land adjoining the Neck, called Northampton street & to extend & make the same from the Neck eastward to the line of Roxbury, or Hill's Dam, was referred to Mr. Lovering with authority to carry it into effect provided the expence to the town does not exceed one hundred dollars .-
Boston ss. At a Meeting of the Selectmen, Wednesday Septr. 15, 1819 - Present the whole Board except Mr. Hunewell.
The Chairman reported, that conformably to the instructions of the Board he had conferred with Mr. Hinckley respecting the fence erecting by him on Beacon & Somerset streets, that Mr. Hinckley having agreed to the conditions named by the Board, he (the Chairman) had given permission to complete the fence .-
[191.] Messrs. Lovering & Dorr reported, that they had purchased the quantity of powder required, and have agreed with persons to make the cartridges for the infantry of the brigade.
Messrs. Lovering & Austin, to whom was referred the appli- cation of Mr. Solomon H. Hudson reported, that the trying
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lard in store proposed by Mr. Hudson would endanger the safety of the town and that the request ought not to be granted .-
Report accepted .-
The committee of section No 2 to whom was referred the remonstrance of Wm. Parmenter & Silas Collamore, reported, that they had attended the duty assigned them, and as no sufficient reason had been assigned to stop the paving the street, they had directed the workmen to proceed - Report accepted-
Mr. Lovering to whom was referred the application to open and extend Northampton street, requested further time to report on that subject, which was granted .-
Application having been made by Doctr. Asa Bullard to the Judge of Probate for the County of Suffolk, stating that Rebecca Parrot of Boston widow is a lunatic, non com- pos mentis and incapable of taking care of herself. - The Board conformably to the direction of the Hon: [192.] Judge of Probate took in question thereof and were of opinion that the said Rebecca Parrot was incapable of taking care of her- self .-
Major Samuel Curtis was chosen superintendent of the lamps, during the pleasure of the Board .-
The Chairman informed, that having received information that depredations had been made on Broad Way at South Boston by James Malone and others, he had directed the police officer to request Mr. Hales to accompany him to that place and ascertain the fact; that the police officer had reported the street had been dug away 19 feet on the length & 13 feet into the width of the street, as fully appears by the sketch taken by Mr. Hales. - The Board directed the Chairman to notify Mr. Malone if the damage was not repaired by Wednesday next he would be prosecuted.
Mr. Dorr was requested to make another effort to settle with Mr. Haynes, for the land taken from him to widen Elm street. and to effect this, he was authorised to offer him any sum not exceeding three dollars pr. square foot for the land taken.
Mr. Shaw was requested to desire the Solicitor General to advise & consult with Mr. Whitman respecting the suit brought by this Board on behalf of the town, for rights in the Town Dock.
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CITY DOCUMENT NO. 61.
[193.] The Chairman communicated a note from Wm. Donnison Esq. chairman of the sub committee for erecting a new prison, requesting a meeting of the whole committee on Monday next at 3 o'clock .-
The Board voted to attend -
Mr. Shaw to whom was referred a letter from the Secretary of War of the United States enclosing a copy of a letter to Lieut. Scallan & who was also requested to consider and report what part, if any, of the correspondence with the Secretary of War, respecting the conduct of Lieut Scallan should be published; reported that in his opinion it was not necessary, or advisable to publish any part thereof, but that the whole proceedings and correspondence be transcribed into a book and subject to the perusal of the citizens.
Report accepted .-
The following are copies of the letters above mentioned .- - Department of War 21st. Augst. 1819-
Sir
On the return of the President, I laid before him your communication of the 15th of July, with its enclosures, in relation to the conduct of Lieut. Scallan .- The great pressure of public business, after his return from his tour, preventing him from taking it up for decision until yesterday; and, by his direction, [194.] I enclose a copy of a letter to Lieut. Scal- lan, by which you will see the light in which the President views his conduct .- Although the President thinks his con- duct very censurable, yet, considering that he has heretofore sustained a good character, and that the motive by which he was probably actuated was the result of excitement rather than a deliberate intention to interfere with the rights of the citizens of Boston he is not of opinion that the offence is sufficiently great to dismiss him from the service of the United States, as that would be the highest mark of displeasure which he could evince, and ought to be reserved for more aggravated offences.
The President directs me to assure the citizens of Boston, through you, that he is deeply impressed with the important truths, that the military ought to be kept strictly subordinate to the civil authority; and that the right of the citizens to express their opinions freely as to publick men and publick measures is essential to our liberty; and that this right, on the anniversary of our Independence, assumes, if possible, a more sacred character.
I have the honor to be Your most obedt. Servt. J. C. Calhoun.
Turner Phillips Esq. Chairman of the Selectmen of Boston .-
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[195.]
Department of War, 21st August, 1819.
Sir,
The President has duly considered the statement of facts communicated by the Selectmen of Boston with your explana- tions contained in your letter of the 8th Inst: to this Depart- ment, in relation to your conduct towards Franklin Dexter Esqr .; and I am directed by him, to express his decided dis- approbation of your conduct.
No right is better established or more sacred than that which every citizen has to express himself freely, in relation to publick men and publick measures; and there are few occasions in which this right ought to be held more sacred than in the celebration of the anniversary of our Independence.
The oration of Mr. Dexter was delivered by appointment of the Selectmen of Boston, in conformity to the standing custom of the place, and under the sanction of the laws of the State. His oration is of the most temperate character; and even the part at which you took offence is expressed in gen- eral terms, without any necessary reference to any particular event .- Under these circumstances, your letter to him and your previous declarations, are considered by the President as highly improper .- The President in consideration of the good character which you have sustained as an officer, and under the impression, from all the circumstances of the case, that you acted rather from [196.] excitement, without due reflection, than from any deliberate intention to interfere with the rights of the citizens of Boston, confines his disap- probation of your conduct to a mere censure .-
In taking this view of your conduct, the President has not overlooked the fact, that in entering into the military service of his country, an officer still retains his character and rights as a citizen; but reason and prudence ought both to point out to him a greater caution in interfering in any shape, particularly, in that in which you have interfered, with those rights, which are purely civil .- Had you been a private citizen only, your conduct would still have been improper, but you still would have been accountable to the courts of law only; but, as an officer of the army, it is considered as still more improper and as justly meriting the displeasure of the President, as the Commander in Chief of the army.
I am Respectfully Yr. Ob. St. T. C. Calhoun
Lieut: James Scallan, Boston-
[197.] Boston ss. At a Meeting of the Selectmen Wednes- day Sepr. 22nd 1819 - Present Messrs. Phillips, Oliver, Austin, Bass, Dorr, Silsby & Shaw.
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34 Jurors were drawn for the Boston Court of Common Pleas .--
Mr. Oliver as chairman of a committee reported, that about the 16th Ultimo in conjunction with a committee from the Board of Health they had viewed the common sewer passing under Merchants Hall (so called) in Milk street, of which com- plaints had been made to the Board of Health as a nuisance. - That it was their joint opinion in its present state, it was a nuisance and ought to be removed, or remedied -That it was the opinion of the committee this might be done by chang- ing the course of the common sewer, but as the present owners of the estate bought it with this incumbrance, not only the expence of changing the course of the common sewer, but as the present owners of the estate bought it with this incum- brance, not only the expence of changing the course of the common sewer, but that of keeping it in repair hereafter, must be borne by the present and future owners of that estate, therefore if the course of it should be changed the owners of that estate must enter into Bonds to indemnify the town against any expense that may attend it in future.
He further reported that the joint committees had viewed Bangs's Alley which they found in so noisome a state as to convince [198.] them of the necessity of a common sewer through said alley to Broad street, and that they had recom- mended to the Board of Health to cause a sufficient common sewer to be laid in the premises aforesaid .- That the commit- tee had agreed that permission should be given to open the street, and that the expense should be apportioned on the abutters, and, from the necessity of the case, if any portion of the same could not be collected from the abutters it should be paid by the town .- Report accepted.
The Chairman reported, that conformable to the vote of the Board of the 19th Ultimo' he had informed Mr. Daniel P. Parker that the Board (on the part of the town) were willing to pay $500 towards erecting good & sufficient reservoirs and drains for carrying the water that runs down Belknap & Wal- nut streets into Beacon street under ground, into the Frog pond; he Mr. Parker paying or becoming answerable for the balance .- That Mr. Parker has since informed him, he will have suitable Reservoirs built and a drain two feet square in the clear, the whole to be built by Sargent & Hart to the satisfac- tion of the Board on the conditions mentioned by the Board .- The Board consented that the drain should be reduced to 2 feet square in the clear and instructed the Chairman to author- ise Mr. Parker to have it completed .-
[199.] Mr. Dorr reported, that in compliance with the vote of the Board he had (again) conferred with Mr. Haynes
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on the subject of his demand against the town, and that there was not the least prospect of Mr. Haynes accepting the sum limited by the Board .---
The Chairman reported, that in conformity to the vote of the Board of the 15th inst: he has notified James Malone to repair the depredation committed on Broad Way at So. Boston. - That in consequence of the notice Mr. Malone attended with Mr. Woodward and stated, that some other persons had committed much greater depredations than Malone and requested that the prosecution might be stayed for a few days to give them time to collect evidence of this fact, which he, (the Chairman) has consented to .- Approved by the Board.
The Chairman informed that the police officer had been served with two summonses for actions brought against him (by Jonathan Amory Jr. and John Brazer) for removing incumbrances from Fosters Lane conformably to the orders of the Board. The Board directed the Chairman to hand them to Peter O. Thacher Esq. and request him to defend those suits .-
The application of Barton & Downing to lease a lot of the Mill Pond land was referred to the committee of Section No. 2 with [200.] full powers to lease the same on such terms as they should think would be for the interest of the town .-
The application of Luther Nathan for permission to erect a bakers oven in the kitchen of house No. 16 Union street was committed to Messrs. Austin & Dorr.
The application of Solo H. Hudson for permission to fix kettles for trying lard in a building on Phila Packet wharf was referred to the Chairman & Mr. Silsby.
[201.] Boston ss. At a Meeting of the Selectmen Wednes- day September 29. 1819
Present Messrs. Phillips, Lovering, Austin, Bass, Dorr, Silsby and Shaw.
Four grand and four traverse jurors for the United States Circuit Court were drawn.
On the application of Alexr. Townsend in behalf of Snelling Powell and others, voted that Messrs. Snelling, Powell, James A. Dickson and their associates have our approbation to act or carry on for profit, gain or valuable consideration, stage plays interludes or other theatrical entertainments at the theatre in Federal street for the ensuing year .-
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A memorial was received from a number of citizens request- ing (for reasons mentioned in their memorial) that the trucks and carts may not be removed from the east end of Faneuil Hall, ordered to remain on file for consideration.
The Chairman informed that Mrs. Deblois had been duly notified to have the foot way in front of her estate on Common street paved with brick or [202.] flat stone, conformable to law, with which she had not complied. The Chairman was requested to direct the police officer to call on Mrs. Deblois and inform her if it was not immediately done the workmen would have orders to do it and the bill sent her for payment.
On the renewed applications of Silas Field, William Hartwell, Charles Willis and John White to be licensed as auctioneers in Merchants Row and Ann street, the Board having already fully considered the subject upon their former applications, and being then fully convinced that it would not be consistent with the public good to grant their licenses at the places proposed, and no new reason having occurred to induce this board to alter their determination upon the subject; - Voted that it is inexpedient to grant licenses for the places proposed in Mer- chants Row and Ann street.
Mr Peter Coffin was licensed as an auctioneer, his auction office [203.] to be at No 34 India street.
The Board being informed that part of the wall of First street at South Boston had given way and the street considera- bly injured by the late storms, the committee of section No 3 were desired to have such repairs made as may be necessary.
Boston ss. At a Meeting of the Selectmen on Wednesday Octobr. 6, 1819.
Present Messrs. Phillips, Hunnewell, Lovering, Austin, Dorr & Shaw.
The committee of section No 2 were authorised to lease the lot of the Mill pond land applied for by Messrs. Barton and Downing for seventy five dollars pr. annum.
Return was made by Mr. Hunewell that he had examined the accounts of the Hay weigher for the quarter ending 30th September, the whole amount of the proceeds was $307.84 and the balance due the town was $99.44 which the treasurer has been ordered to receive.
The Board again took into consideration the application of Edwd. Haynes for payment [204.] for land taken from him some years since to widen Elm & Brattle streets and, voted
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that the Board would give a list of twelve gentlemen from which Mr. Haynes might select three, to estimate the value of land taken for highway, corner of Elm & Brattle streets, to which Mr. Haynes agreed. A list was made and handed to Mr. Haynes.
The Chairman communicated to the Board, notices that had been left with him from John White, Charles Willis Ji. and Silas Field (and Henry Orne their attorney) that application had been made to the Court of Sessions for licenses to sell at auction that the Court had assigned Tuesday next at 10 o'clock, to consider the subject- The Board directed the Chairman to send the Hon. Court an attested copy of the vote of the Board of the 29th ultimo on this subject.
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