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 3
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at 10 o'clock A. M - vizt. Messrs. Phillips, Lovering, Austin, Bass, Dorr & Farnam, where they were met by the commis- sioners appointed to set off a burial ground at South Boston agreeably to the act annexing [41.] that peninsula to the Town of Boston (the former doings of said commissioners having been set aside by the S. J. Court at their late session at Taunton) The following parties in addition to the commis- sioners and Selectmen appeared, viz. The Board of Health, - Joseph Woodward, Mr. Gould & Mr. Bent a committee of the inhabitants of South Boston, Wm Tudor Jr. for his father, Wm. P. Mason for his father & Saml. D. Parker for self & Jonathan Mason; when after a full hearing of the parties they proceeded to South Boston, and again went over the ground, viewed the lot pointed out by the proprietors and inhabitants as most suitable (in their opinion) for the purpose, and having also viewed that which the Selectmen & Board of Health con- sidered most suitable, returned to town; - at 4 p. m. the parties again met at the Selectmens room, when they were again heard by the commissioners. - The parties then with- drew and left the commissioners to make up their report .-
Mr. Austin to whom was referred the application respecting the pump in Well street - reported, That the pump in Well street be put under the care & direction of Mr. James Weld, that he pay all expenses for keeping it in repair, and that he be authorized to assess and collect from the several householders, or others, known to make use of the same, a proportionable part of said expenses, agreeably to a By Law passed May 22d, 1801 -Report accepted, - and an attested copy sent to Mr. Weld.
[42.] The Committee appointed to receive the report and opinion of B. Whitman Esq. respecting the town's right in the Town Dock made the following report, viz.
The committee appointed to receive the report of Benjamin Whitman Esq. employed as counsel to examine the papers and records respecting the Town Dock, and report his opinion, as to any rights the town have in the present Town Dock; have attended that service and report. That they have received from Mr. Whitman a very elaborate and (in their opinion) able report, from which it appears, that the Town have a right in the present Town Dock conjointly with individuals. - They therefore recommend that a committee be appointed with full power to pursue such measures as with advice of counsel may, be deem'd expedient to establish and maintain the Towns rights therein, which is submitted
By order of the committee
Nov. 23d, 1818 -
Turner Phillips, Chairman.
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SELECTMEN'S MINUTES, 1818.
Report accepted, and the same committee appointed with full powers to carry the same into effect .-
The Chairman reported, that Messrs. Parkman & Pope had completed their side walk on Purchase street, agreeably to the notice sent them.
[43.] The Chairman informed that he had received from Messrs. McClennen & Marsh a list of the names of twelve gen- tlemen, to any three of whom they were willing to submit their demand for taking down the walls of the late Exchange Coffee House. The Board selected the following - Asher Benjamin, Nathaniel Curtis & William Sturgiss, and instructed the Chair- man to informe those gentlemen & request they would serve as referees on this occasion.
The Committee appointed to examine into the towns claim to a lot of land near Prince street, made the following report .-
The Committee to whom was refer'd an examination of the town's claim to a lot of land beginning at the cross gutter (so called) in Prince street, and bounded northwesterly by a street or lane running from said Prince street to the late Mill Pond from thence running southeasterly till it meets the land owned by Jacob Hall, thence running northerly by said Hall's land till it meets said Prince street. Report -
That they find said lot of land occupied by Thomas Badger, who hired said lot of Elijah Nickerson .-
It appears that the Town of Boston bought part of the prem- ises of Bethiah & Abigail Jones & Rebecca Badger, as will appear by [44.] their deed recorded 1 January, 1755, that said property continued in possession of the town till the 25 August, 1788 - or after - at that period, a lease of said lot was made by the Selectmen to Jonas Welsh for twenty years, or less; at a rate of one shilling per annum, on condition that said Welsh should make a stone head and build a drain from said Prince street to the Mill Pond.
We find that said Welsh executed his part of the contract as far as it regarded the head and drain; without signing the lease; but we have not any evidence of his having paid the rent .-
ยท In 1788 there was a creek belonging to the town that made up from the Mill pond to said cross gutter in Prince street, which said Welsh or others filled up and now constitutes part of the lot .-
On the 15th November, 1796, Jonas Welsh, sold his estate on the westerly' side of said street leading to the Mill pond, to Payson & Holbrook & leased to them during pleasure the afore- said lot on the easterly side for an yearly rent of fifty cents.
24
CITY DOCUMENT NO. 61.
On the 10th November, 1797, Payson & Holbrook sold to Elijah Nickerson the lot they bought of Welsh -
On the 11th July, 1810, a committee of Selectmen were appointed for the purpose of removing said drain from said lot .-
On mature reflection your committee would recommend taking immediate [45.] possession of the said premises as the town's property.
Boston, Nov. 19, 1818
Joseph Austin En. Silsby
Report accepted and the Chairman instructed to consult P. O. Thacher Esq. respecting the legal mode of obtaining possession of the same .-
On the application of Mr. John Wells representation was made to the Hon. Judge of Probate - that Rebecca G. Thomas was a person of intemperate habits, wasting her property and at times non compos mentis - and requesting that a guardian may be appointed for her .-
Mr. Jonathan Wild Jun'r was approbated as an auctioneer - his place of business No 19 Merchants Row .-
The award of the referees in the case of the Town of Boston versus the Roxbury Canal Corporation, respecting the marsh land adjoining the Bull pasture on the neck was received,-By which the Town's right to said land is confirmed. - Mr. Lovering was requested to have some posts drove down at the places mentioned in the award, which should serve as permanent land marks .-
The Chairman received from Mr. Joseph Ripley the account of sales of the remaining cable & cordage used in taking down the walls of the late Exchange Coffee House, the proceeds of which amounting to eighteen dollars sixty cents, he had directed to be paid to the Treasurer .-
[46.] Boston ss. At a Meeting of the Selectmen December 2d. 1818 - Present Messr. Phillips, Oliver, Hunewell, Lover- ing, Austin, Bass & Dorr .-
Passed the monthly and quarterly accounts.
The committee appointed to view the foot walks in Nassau street made the following report viz. The committee appointed to view Nassau street report that all the east side as far as the street is paved, should without delay have the side walk paved with brick or stone - and from the corner of Elliot street to the north corner of the house occupied by Mr. Dow be also
25
SELECTMEN'S MINUTES, 1818.
paved with brick or flat stones, and the land from Mr. Dow's to Boylston Street in front of land belonging to William Foster be allowed to be well planked to the satisfaction of the Selectmen, subject to be paved with stone when they shall think proper .- Nov. 27, 1818 - J. Hunewell Joseph Lovering
The report was accepted - And the chairman informed he had given Mr. Foster the necessary information .-
[47.] The committee appointed to carry into effect the report and recommendation of B. Whitman Esq. respecting the town's rights in the Town Dock reported - that they had, had a meeting on the subject, and had employed Mr. Whitman as counsel who had furnished them with the copy of a notice to be sent to all the owners and occupants of estates adjoining on said Dock, a part of which had been completed and sent, the remainder would be completed and sent soon as possible .-
The Chairman produced the award of the gentlemen to whom was referred the accounts of Wm. McClennen & others for taking down part of the walls of the late Exchange Coffee House which was as follows.
The referees in the case between the Town of Boston & Wm. McClennen & others are of opinion the following deductions should be made from their bills - viz.
from the charge for " use of purchase blocks $4-
do. for McLellen Jr. services 20
do. for Mr. Marsh's services . . 10-
$34-
they think the charge for Wm. McClennan senior's services is a reasonable one, and see no objection to the other items, it.being understood that if the lost blocks are recovered they belong to the town .-
Boston, Nov. 27th, 1818 signed
Nathl. Curtis Asher Benjamin William Sturgis
accepted & the award put among the accounts for November .-
[48.] The Chairman reported that agreeable to the instruc- tions of the board he had consulted P. O. Thacher Esq. respect- ing the lot of land near Prince street, who had recommended that he (the Chairman) should be authorized by the board to take possession of, and lease the same .-
The Chairman then proposed the following vote .-
Voted, that the Chairman be requested to take possession of a lot of land belonging to the Town of Boston, beginning at the cross gutter (so called) in Prince street, and bounded north-
26
CITY DOCUMENT No. 61.
westerly by a street or lane running from said Prince street to the late Mill pond, from thence running southeasterly 'till it meets the land owned by Jacob Hall, thence running north- easterly by said Hall's land until it meets Prince street .- And that he be authorized to lease the same for a time not exceeding five years, the lessee to deliver up the premises whenever it may be wanted by the town .- which was passed by the board .-
Mr. Lovering, who was requested at the last meeting of the Board, to have some permanent land marks placed on the marsh land' on Boston Neck, which for some years past had been claimed by the proprietors of the Roxbury Canal .- Reported that he had attended to the duty assigned him, had been on the ground where he had found a fence, and upon con- sideration, had thought it most expedient (as the expense would not be much enhanced thereby) to have the fence placed the whole length of the ground as described in the award of [49.] the referees. - Report accepted. - The award of the referees sent to the Register of Deeds to be recorded.
The committee of Section No. 3 were requested to view a piece of land on Atkinson street belonging to the inhabitants of the town, and were authorized to lease the same if they should judge proper, & report.
The application of Moses Caruth to be licensed as an auc- tioneer was not granted .-
The application of Daniel Wyman to be appointed one of the constables of the town of Boston, was not granted; the Board being of opinion there was a sufficient number already appointed.
A letter from P. O. Thacher Esq. was read by the Chairman, of which the following is a copy .-
Boston, Decr. 1, 1818.
Gentlemen
In compliance with your order, I appeared before the Court of Sessions upon the 17th November, and filed a plea & answer to the petition of Joseph Hollis, who complained that the Board had unreasonably refused and neglected to grant to him a license as an auctioneer. I denied that the Board had unrea- sonably refused to [grant] him a license & assigned that he did not shew to the Board that he was a suitable person to be licensed & further that the Board had reason to believe that he was not considered as a man of a good moral [50.] char- acter, and that he had behaved in a very disorderly manner in several instances. - I had collected the necessary evidence as to his character and conduct & was ready to have gone into the investigation .- But being desirous to prevent similar com-
27
SELECTMEN'S MINUTES, 1818.
plaints I urged to the Court that it would be highly improper to call on the Selectmen to justify their proceedings, until the petitioner had first proved that there had been an unreason- able refusal and neglect on their part. - The case was continued over to this day to give him an opportunity to support his complaint. On his appearance this day, and upon full argu- ment, the Court persisted in their opinion that to entitle him- self to be licensed by them he must first prove his complaint against the Selectmen. he was unable to do this. and was permitted by the Court to withdraw his complaint. -
Yr. Obt. Ser.
The Gentlemen Selectmen of the
Peter O. Thacher.
.
Town of Boston
On the application of Docr. Webster, representation was made to the Hon. Judge of Probate that Mary Trefrey, Widow, does by excessive drinking & idleness, so spend & waste her estate as thereby to expose herself to want & suffering circum- stances; and praying that a guardian may be appointed for her .-
[51.] Boston ss. At a Meeting of the Selectmen December 9th, 1818 - Present Messrs. Phillips, Oliver, Hunewell, Lovering, Austin, Bass & Dorr.
6 Jurors were drawn for U. S. Circuit Court.
The Chairman made the following report .-
The Chairman appointed and authorized by a vote of the Board at their last meeting, to take possession of a lot of land on Prince street, belonging to the inhabitants of the town of Boston, and to lease the same; has attended that duty and reports.
That on the fourth instant accompanied by Mr. Lovering of the board and the Superintendent of Police and his Deputy he had proceeded to the lot above mentioned, and exercised (in behalf of said inhabitants) a right of ownership by taking down a part of the fence; that he then entered upon the land and in presence and hearing of said Superintendent & Deputy made the following declaration. "That by the authority of the Selectmen of the town, and in their behalf, I now take possession of this lot of land as now fenced in, as belonging to the inhabitants of the town of Boston"- and that he imme- diately afterwards leased the same to Colo. Thomas Badger for a term of time not exceeding five years, at six dollars a year, [52.] the lessee to deliver up the land at any time previous to the expiration of the lease if it should be wanted by said inhabitants; and if the lessee should erect any building on the
28
CITY DOCUMENT No. 61.
land he is at liberty to remove the same; all which is submitted for the approbation of the board, by
Turner Phillips, Chairman.
Boston Decr. 5, 1818 .-
Report accepted .-
The Chairman reported, that accompanied by Mr. Lovering they had viewed the Town's Slip running from Lynn street to the sea, on which they had found certain nuisances and incum- brances - whereupon it was voted,
That Messrs. Oliver, Austin & Silsby be a committee to exam- ine into the state of the Town's Slip on Lynn street in the direction of Fosters lane to the sea, and if they find any incum- brances or nuisances in or upon the same, that they be author- ized to notify the owners and occupants to remove them, allowing them such time for this purpose as they may think proper; and in case of neglect or refusal, that they have full powers to apply to the proper and legal tribunals to cause said nuisances and incumbrances to be removed, and the rights of the Town and public vindicated.
The application of William Doll in behalf of the proprietors of Franklin [53.] Hall so called, being the upper story of the school house on Nassau street, that previous to the halls' being delivered to the Selectmen or School Committee they may be remunerated for the expense they were at in erecting said story, & also for one hundred dollars paid by them in part for the land on which the school house stands - was committed to the Chairman, Mr. Oliver & Mr. Hunewell.
Mr. William Taylor employed to survey the estate belonging to the heirs of Lendall Pitts deceased, situated at the bottom of Butlers Row, gave notice thereof to the Chairman, that the Selectmen (if they saw fit) might appoint one of the Board to attend with P. O. Thacher Esq. the town's counsel. - The Board requested Mr. Dorr to attend on this business tomorrow at 3. o'clock P. M.
Boston ss. At a Meeting of the Selectmen December 16th, 1818 .-
Present the Whole Board.
46 Jurors were drawn for the Boston Court of Common Pleas.
The committee appointed to inquire into the state of the Town's Slip leading from Lynn street to the sea, informed they were not ready to report.
29
SELECTMEN'S MINUTES, 1818.
[54.] The committee appointed to confer with the com- mittee of the proprietors of the upper story of the South Reading School made the following report.
The committee chosen to confer with a committee of the temporary proprietors of the upper story of the South Reading School house, called Franklin Hall, and report, if any, what, remuneration they were entitled to for the expense of erecting that story; have attended the duty assigned them and report. That they have examined the records of the Town, of the Selectmen, and the School Committee; and the documents pro- duced by the committee on the part of the proprietors: - from all which it clearly appears that they had permission to erect this story on the express conditions, "that it was to be done without any expense to the Town, and that the Selectmen, or School Committee (in behalf of the town) had a right at any subsequent time to take possession of the same for the use of the Town." - The committee would further observe, that the proprietors have had the exclusive use and control of the room for nearly twenty nine years, which at about thirty five dollars a year amounts to the sum expended, and must be considered a moderate rent for such accommodation. - But that they may not have the least cause of complaint your committee recommend that they have the use of the room [55.] one evening in a week (until the further order of the Selectmen) for the singers of the society worshipping in Hollis street, they to make good any damage that may be caused by using the same.
Your committee have not included in the estimate one hun- dred dollars, paid by certain citizens in part for the land on which the building stands, as it evidently appears this sum was gratuitously paid by them in consideration of the schools being located at that particular place .-
All which is submitted by
Turner Phillips Eber Oliver Committee. Jona. Hunewell J
Decr. 14, 1818 .-
The foregoing report was read, when after considerable debate on the subject, it was moved & voted, that the further consid- eration of this subject, be referred to the next meeting of the Board.
The committee of the Common reported that they had just received from Mr Taylor an accurate plan of the rope walks and the platforms attached to them, as very recently surveyed by him from which it appears, that taken at a right angle from Charles street. - Messrs .-
Davis & Lewis had encroached - 266 feet - No 1.
Henry Chapman 220 " - No 2.
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CITY DOCUMENT No. 61.
P. B. Rogers (occupied by Ed. Adams) 154 feet - No 4. Joseph N. Howe 97 " - No 6.
[56.] But by the original grant of the Town they have a right to extend their rope walks in a parallel line with Beacon street; if the line be thus drawn it will reduce the encroach- ments as follows viz
Davis & Lewis less 5 ft. 2 inches leaving 260 ft.10 in.
H Chapman 10 ft. 5
209 " 7 " P. B. Rogers 20 " 9 133 " 3 " J. N. Howe 31 " 4 66
65 " 8 "
and that they should proceed with all possible dispatch in notifying the owners or occupants of the rope walks of their encroachments .-
The committee appointed to remove an incumbrance on Brighton street reported, that they had attended the duty assigned them, and offered the following obligation signed by Mr. Andrew Townsend, as their doings on that subject .-
Boston, Decr. 14, 1818.
Having been notified by one of the Selectmen to remove an incumbrance on Brighton street, commencing thirty nine feet from a brick house, situated on Leverett street, and owned by Mr. Ezra Hyde - and having been marked by Mr. Wm. Taylor a surveyor - on a small building that I built on said street. - I do hereby promise by these presents, to remove said small building so far as it incumbers said Brighton street on or by the first day of May next.
signed Andrew Townsend.
Report accepted.
[57.] Mr. Dorr reported, that agreeably to the request of the Board he attended with P. O. Thacher Esq to the sur- veying of the estate belonging to the heirs of Lendall Pitts deceased at the bottom of Butlers Row .-
The Chairman was authorized to subscribe (for the Town) for one of Col. Trumbull's prints of the Declaration of Inde- pendence .-
Thomas Lile Rayner, having no parent or guardian, was at his own request apprenticed to Thos. Bruce, slater, until the 2d February, 1824 - when he will become of age .-
Boston ss. At a Meeting of the Selectmen December 23d, 1818 - Present the whole Board except Mr. Farnam .-
6 Jurors were drawn for S. J. Court .-
The committee appointed to enquire into the state of the Town's Slip from Lynn street, requested further time to make their report on that subject. - granted .-
31
SELECTMEN'S MINUTES, 1818.
The consideration of the report of the committee appointed to confer with the temporary proprietors of the upper story of the South reading school was again referred to the next meet- ing of the board .-
The Chairman reported that he had subscribed for one of Col. Trumbull's prints of the Declaration of Independence for the Town.
[58.] Complaint having been made by Capt. John Fille- brown, that the driver of hackney carriage No. 22 belonging to Mr. George Harris, had extorted from Mr. Andrews on the 17th instant an illegal fare. The parties having been notified to attend at this time, appeared and were heard; - the Board were of opinion that the charge was substantiated, but in con- sideration of some circumstances mentioned by the driver, the board voted, to suspend his license for one week only.
The committee appointed the 2d instant to view a piece of land on Atkinson street belonging to the town, with power to lease the same reported, that they had attended that service, had viewed the premises, and found on enquiry it had been fenced by Mr. William Pratt; that they had applied to Mr. Pratt on the subject, who disclaimed any right to the premises, acknowledged that he had fenced it, but if the board thought the street would appear better by having the fence down, he was ready at any moment to have it taken down, he declined taking a lease of it or signing any paper respecting it.
The Board having heard that several attempts had been made to set fire to buildings, they went into consideration of what would be the most advisable means of preventing this wicked act in future, they were of opinion from past experience that offering a reward in the public papers would serve to create an unnecessary alarm in the minds of the [59.] citizens without attaining the object intended (the detection of the incendiary) and as complaints have been made that the watch- men were not faithful in the discharge of their duty, to ascer- tain if this was a fact, and to excite them to a more diligent dis- charge thereof - it was voted, that the Board with the addition of police officers be divided into five committees, whose duty it shall be to visit the several watch houses at least once a week between the hours of eleven & twelve at night, and make a return to the Board of the state in which they were found.
The Committee on Accounts for this month were directed to pass into the monthly draft, Mr. Tukesbury's order in favour of Ebenezer Smith for forty dollars - they were also directed to put into the draft Jedediah Herrick's order on the Chairman
32
CITY DOCUMENT No. 61.
in favor of P. O. Thacher Esq. for thirty dollars, for State taxes on the township of land in the District of Maine belonging to this Town .-
Boston ss. At a Meeting of the Selectmen December 30th, 1818. Present Messrs. Phillips, Lovering, Austin, Bass, Dorr & Farnam .-
Passed the monthly accounts.
The committee appointed to enquire into the state of the Town's Slip from Lynn street requested further time to report thereon.
[60.] The consideration of the report of the committee respecting the upper story of the South reading school, was again postponed .-
The Committee of the Common, who were directed to ascer- tain what encroachments, the proprietors of the rope walks at the bottom of the Common had made on the Town's flats, made the following report, (in addition to the reports made by them on the 18th November & 16th instant.) That they had notified the owners of the rope walks to meet them at the Selectmen's Room, that Messrs. Lewis & Chapman (only) attended, to whom the committee have agreed to lease the flats occupied by them on the terms agreed on by the Board, viz. ten cents pr. annum per running foot; for one year or during the pleasure of the Selectmen for the time being; and that the leases will be executed soon as possible .-
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