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 4
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Your committee have also considered the subject of back rent, they find on enquiry Mr. J. P. Davis paid two years rent amounting to fifty dollars; after which it does not appear Mr. Davis was ever called upon: It is manifest that at this time other persons besides Mr. Davis had made encroachments on the town's flats, - from whom no rent has ever been de- manded; - and altho' Mr. Davis may legally be compelled to pay a part of the rent that now appears to be due, your com- mittee are of the opinion it would not be the wish of the Board to deviate from their usual impartial conduct by compelling one to pay and not the others. - [61.] Report accepted. - and the Chairman empowered to execute the leases. -
The application of Abraham Babcock and others, a com- mittee from a number of citizens who have associated for the purpose of forming a nightly patrol (to be continued for two months) about that section of the town, lying north of State street, east of Merchants Row, & Union street to the Mill Pond land, and south of Procters lane & Richmond street to the Mill Pond land, including all the wharves from D. Spears wharf to
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SELECTMEN'S MINUTES, 1819.
one east of Procters Lane. - Also, another application from Samuel Hichborn Junr. and others, committee of the citizens of Ward No. 2. - who have also associated for the purpose of forming a nightly patrol for said ward, were read ;- Whereupon it was voted - that the captain & constables of the Town . Watch be directed to give the patrols all the assistance in their power, and to receive and secure any person, or persons, that may be brought to them by the patrols, for breaking into houses or stores; - or attempting to set fire to any building .- And that the said patrols be allowed six feet of wood, and as many watchmens hooks as may be necessary.
Return was received from the Superintendent of Police of fines received from Nov. 14. to Decr. 19, 1818-and paid to the Town Treasurer amounting to $13-
The application of David Alby to be licensed as an auc- tioneer, was laid over for enquiry .-
The committee appointed to visit the [62.] watch- Reported, that on Saturday night the 26th. instant they visited the south watch at half past 11. o'clock P. M. and found seven men in the watch house, and Mr. Champney and three others out - they then proceeded to the center watch commanded by Capt. Phillips and found said watch on duty, Afterwards they went to the north watch under the direction of Capt. Gardner, and found them correct .-
At a Meeting of the Selectmen January 6th, 1819. Present the whole Board .-
The committee appointed to enquire into the state of the Town's Slip from Lynn street, requested further time to report thereon .-
The Board now went into the consideration of the report of the committee respecting the upper story of the South Reading school .-
It appeared by the accounts produced by the committee of the proprietors that the expense of erecting that story (exclusive of the payment made by them for one third of the original cost of the land on which the building stands) exceeded one thousand dollars, in addition to which they had been at the charge of keeping it in repair to the present day ;- And although as the committee of the Board report, the proprietors, or the society worshipping in Hollis street to whom the Proprietors have relinquished [63.] their right, have no legal demand on the Town; yet the Board taking into consideration that the Town by taking possession of the whole building will be benefited to the amount of one thousand dollars, also that the society in consequence of the town's taking possession of the hall are
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CITY DOCUMENT No. 61.
obliged to erect a building for a singing school which is estimated to cost them five hundred dollars, and that in equity some remuneration ought to be made. voted; that there be paid to the society worshipping in Hollis street, two hundred & fifty dollars in full of all demands which they, or any person or persons may now have against the Town for money paid in part for the land on which the school house stands and for the expense of erecting the upper story of said school house .-
The Board not being satisfied that David Alby was a suitable person to be licensed as an auctioneer, his application was again laid over for further enquiry .-
The Chairman as Treasurer of the fund of Mrs. Brooker & others produced the account of interest received by him amounting to two hundred & twenty three dollars, fifty six cents, which was paid in equal portions to the members of the Board, to be by them distributed agreeably to the wills of the donors.
The committee consisting of Messrs Lovering & Bass appointed to visit the town watch, reported, that on Sunday evening the 3d instant they [64.] attended that duty; - that- they visited the several watch houses about 12 o'clock found them all in good order, and a due proportion of the men out on duty.
A note received from James Prince Esq. Marshal of the District was read, of which the following is a copy .-
Office of the District Marshal, Massachusetts
Boston, Jany. 1, 1819.
Gentlemen
It will be my painful duty to carry into execution the sen- tence of death (and within the Town of Boston) awarded against four convicts under the authority of the United States on the 21st of the present month : In the discharge of this unpleasing task, it is my desire that the selection of the place might not prove offensive to any portion of our fellow towns- men; but the peculiar circumstances which attend their crime, has rendered it somewhat necessary that a new place should be fixed on; The commercial part of the Town have so sug- gested: To avoid offence & to conduct with a due regard to all, I take occasion to propose to your Honorable Board, that you would unite with me in the selection of a spot which under all the views of the case may be adjudged the most proper, and for this purpose that a committee might be ap- pointed to confer together - this course was pursued by your body on a former occasion, and was productive of the most happy result by an entire acquiesence on the part of our townsmen.
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SELECTMEN'S MINUTES, 1819.
[65.] The above note was taken under consideration by the Board, during which a memorial signed by 66 citizens residing or owning estates at the north part of the town was received and read, stating they had been informed the con- victs under sentence of death were to be executed on or near Copps hill, and remonstrating against it. The Board after giving the subject the consideration that its importance demanded, were of opinion, that it was the duty of the Marshal to carry the sentence of the law into execution, and as the responsibility belonged to him and not to the Selectmen, they were compelled to decline appointing a committee to confer with the Marshal on that subject, and that the Chairman be directed to inform him of the same .-
1137101
Boston ss. At a Meeting of the Selectmen January 11th, 1818. Present Messr. Phillips, Lovering, Austin, Bass, Dorr, Silsby, & Farnam.
6 Jurors were drawn for the Supreme Judicial Court.
[66.] Boston ss. At a Meeting of the Selectmen January 13th, 1819 - Present Messrs Phillips, Oliver, Austin, Bass, Dorr & Farnam.
The committee appointed to examine into the state of the Town's Slip on Lynn street in the direction of Foster's Lane to the sea, reported, that they had attended that service and found certain nuisances and incumbrances thereon; that they had completed the notices to Messrs. John Brazer, Amos Binney, Jona. Amory, Jur. & Henry Fowle, who now appeared to be the owners, occupiers, or receiving the rent for the estate formerly owned by Mr. Asa Holbrook, allowing them forty days to remove the incumbrances, which notices would be sent on the morrow.
The Chairman reported, that in obedience to the orders of the Board he had addressed a note to James Prince Esq. Mar- shal of [the] District, of which the following is a copy.
Selectmens Room - Boston, Jany. 7th, 1819.
Sir
Your note of the 1st instant, has received all that attention from the Selectmen that the importance of the subject on which it treats, and the source from which it was received demands - I am instructed by them to inform you that with [67.] a view to relieve you in the discharge of so painful a duty the Board have endeavoured to select such a place within the limits of the Town for the execution of the four convicts under sentence of death as would under all circumstances be adjudged the most proper. But wherever they turn their eyes
.
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CITY DOCUMENT NO. 61.
to obtain this object, such insuperable objections are found to arise, and have been, or will be made by the inhabitants, that they find it will be impossible to make the selection without giving offence to a portion of their fellow citizens - And as the responsibility does not belong to the Selectmen, they are compell'd to decline the appointment of a committee to con- fer with the Marshal on the subject. The Board have requested me to express their regret, that they should under any cir- cumstances feel it to be required of them to decline compli- ance with the request of a gentleman for whom they enter- tain a high respect - But as it is made the duty of the Marshal to carry the sentence of the law into effect, they rest perfectly satisfied, that you will in your superior judgement select such a spot as will be most suitable for such a scene - They doubt not that the good feelings of their fellow citizens will acquiesce in your selection, and while they regret the necessity of the execution of the law, they will give full support to the Mar- shal in the performance of his duty - with sentiments of respect I have the honor to be.
Sir
ยง James Prince Esq. { Marshal Mass. District
Your Obt. Servt.
[68.] The Chairman informed that he had received from P. O. Thacher Esq. the Town's counsel the following attested copy of the petition and record of the acceptance of the com- missioner's report on Saturday last, locating a burial ground at South Boston, which is as follows - viz.
To the Honorable Justices of the Supreme Judicial Court begun and holden at Boston in the county of Suffolk & for the counties of Suffolk and Nantucket, on the fourth Tuesday of November in the year of our Lord one thousand eight hundred & seventeen .-
Respectfully show Turner Phillips, Charles Bulfinch, Eben- ezer Oliver, Jonathan Hunewell, Joseph Lovering, Joseph Aus- tin, Enoch Silsby, Henry Bass & Samuel Dorr Esquires and Selectmen of the Town of Boston in the county of Suffolk aforesaid.
That in and by a certain Act of this Commonwealth entitled "an Act to sett off the North East part of the Town of Dorches- ter and to annex the same to the Town of Boston" made and passed on the 6th day of March A. D. 1804. it was among other things enacted that the proprietors of the tract of land which is described in the said Act, & which by force thereof was annexed to the Town of Boston, should assign & sett off & apart three lots of land on the same for public use viz. one lot for the purpose of a public market place, one lot for a school house, and one lot for a burial ground, to the satisfaction and acceptance of the Selectmen of the Town of Boston; and in case
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SELECTMEN'S MINUTES, 1819.
the said [69.] Selectmen and proprietors should not agree upon the said lots, it should be lawful for the Supreme Judicial Court at any session thereof in the County of Suffolk, upon applica- tion of the said Selectmen, to nominate and appoint three dis- interested freeholders within the Commonwealth, not being inhabitants of said town of Boston, to assign and set off the three lots aforesaid by metes and bounds: And the said Select- men inform your Honours, that the public necessity requires that the lot aforesaid for a burial ground should be immediately assigned and set apart, but that they have not been able to agree with the proprietors of the said tract of land respecting the assignment of the same, they therefore pray your Honours to nominate and appoint three suitable persons to assign and set off the lot of land for a burial ground upon the tract afore- said, by metes and bounds according to law, and to make due return of their doings in the premises according to the pro- visions of the Act aforesaid.
Turner Phillips Charles Bulfinch
Ebenr. Oliver
Jona. Hunewell
Joseph Lovering
Joseph Austin Enoch Silsby Henry Bass Samuel Dorr
Selectmen of the Town of Boston by Peter O. Thacher their Attorney.
The above petition was entered at the court aforesaid at November term 1817. - And on the 31 day of January 1818 after hearing of the parties and it appearing that notice has been given in pursuance of a former order of this court [70.] The Court now appoint Ebenezer Gay Esq of Hingham, Thomas Greenleaf Esq of Quincy & Genl. Isaac S. Gardner of Brookline commissioners as within prayed for, and they are to give notice to all persons in two newspapers at least, before they proceed to perform the duty assigned them.
And now at November term 1818 to which term the said petition had been continued, the commissioners aforesaid make their report in writing in the words following.
We the subscribers named in the annexed order of Court & to whom the same has been recommitted, having notified the parties interested in the subject within committed to our decision, by an advertisement for that purpose in the Columbian Centinel, to meet at the Selectmen's room in said Boston on Monday the twenty third day of November instant at 10. o'clock A. M. and having then & there met & heard the Select- men & Board of Health of said Town of Boston - Joseph Woodward Esq. Abraham Gould & Adam Bent as a committee from the inhabitants of South Boston. William Tudor Junr. Esq. in behalf of the Honorable William Tudor, Samuel D. Parker Esq for himself, & William P. Mason Esq. in behalf of the Honble. Jonathan Mason and having also again viewed the several lots of ground pointed out to us by the parties for
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CITY DOCUMENT NO. 61.
the purpose of a burial ground. - Do hereby sett off and [71.] assign for public use as a burial ground the following described lot or parcel of land lying in South Boston aforesaid viz. Beginning at the westerly corner of Seventh Street on Dor- chester street & running on said Dorchester street to the boundary line between South Boston & Dorchester three hundred feet, thence turning & running two hundred & sixty feet with said line to the north westerly side of F. thence turning & running northeasterly two hundred & sixty feet, on the westerly side of F. street to Seventh street. Thence turn- ing & running with said Seventh street to Dorchester street aforesaid three hundred & fifty feet to the point first started from, including that portion of F. street which falls within said bounds, and containing in the whole about eighty five thousand four hundred feet .-
Witness our hands this twenty fourth day of November Anno Domini, Eighteen hundred and Eighteen
Eben Gay Thomas Greenleaf Isaac S. Gardner
Suffolk & Nantucket ss.
Sup. Jud. Court sitting at Boston in the County of Suffolk & for the Counties of Suffolk & Nantucket for November term A. D. 1818 .-
The foregoing report was delivered into court on the thir- teenth day of the term. And afterwards viz. on the thirty sixth day of [72.] the same term, proclamation was made for all persons to appear & shew cause if any they had, why the same should not be accepted, and no one appearing to object thereto, it was thereupon accepted & approved by the court, & ordered to be duly entered of record.
Attest Wm. Tudor Clerk.
I certify that the copies contained in the foregoing three pages are true copies of record of the case therein stated.
attest Wm. Tudor Clk.
Office of the Supreme Jud. Court. January 13th, 1819.
The above was sent to [the] Register of Deeds to be recorded.
The committee consisting of Mess Hunewell & Dorr ap- pointed to visit the town watch, reported, that on Tuesday night the 12th instant they attended that duty, and that they found the south watch as they should be. The central & north watches, had an extra number in the house, of course less on duty.
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SELECTMEN'S MINUTES, 1819.
The application of David Alby to be licensed as an auctioneer was committed to Mr. Dorr for the purpose of making further enquiry, the Board not being yet satisfied that he was a suit- able person to be licensed .-
[73.] The application of Stillman Willis to be licensed as an auctioneer was committed to Mr. Farnam to make enquiry & report thereon .-
Messrs. John M. Holbrook, Darius Holbrook & Charles Dexter, under the firm of Holbrook, Dexter & Co. were licensed as auctioneers.
Boston ss. At a Meeting of the Selectmen January 18th, 1819. - Present Messrs. Phillips, Lovering, Austin, Dorr, Silsby & Farnam.
9 Jurors were drawn for Supreme Judicial Court .-
Boston ss. At a Meeting of the Selectmen January 20th, 1819. - Present Messrs. Phillips, Oliver, Lovering, Austin, Dorr, Silsby & Farnam .-
Mr. Dorr, to whom the application of David Alby to be licensed as an auctioneer was committed, reported that the request be granted, on condition, that his place of business (which is not mentioned in the application) is approved by the Chairman - report accepted .-
Mr. Farnam, to whom was referred the application of Stillman Willis to be licensed as an auctioneer, reported, that the request be granted; his place of business No. 17 Exchange street - report accepted .-
[74.] Return was made by Mr. Lovering (in behalf of Mr. Hunewell) that he had examined the accounts of the Hay weigher for the quarter ending the first instant, the whole amount of the proceeds was $358.7 and the balance due the Town was $115.7 which the Treasurer has been ordered to receive.
The application of a number of citizens who have associated for the purpose of forming a nightly patrol, (to be continued for two months) about that section of the town consisting of West. Winter, School, Marlborough & Common streets & Bromfields lane was approved by the Board, and it was voted, that the constables of the town watch be directed to give the patrol all the assistance they may need, and to receive and secure any person, or persons that may be brought to them by the patrol, for breaking into houses or stores, or attempting to set fire to
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CITY DOCUMENT NO. 61.
any building. - And that the patrol be furnished with two watchmen's hooks .-
The Chairman reported that on Sunday morning the 17th instant, accompanied by the deputy police officer he visited the watch as follows .-
The south watch at a quarter past one o'clock, at which time they had just relieved a part of the watch who had been out on patrol, a part of the relief had just left the watch house at the time he arrived, the remainder had not come in. - he was informed [75.] the usual time of relieving the watch was 1 o'clock .-
At half after one he visited the center watch, at which time a part of this watch had also been relieved - at both these houses there was only the proper complement of men in, but the constables of these watches Mr. Spear & Mr. Ames were both asleep.
That he then visited the patrol of Ward No. 3. who were all out but one .-
At two o'clock he visited the north watch, at which time they had just relieved the watch and two of the men on duty were leaving the watch house at the time he arrived there. - The constable of this watch Mr. Gardner was awake. - The time of relieving at the center & north watch houses is two o'clock. --
The center watch had given shelter to a man, the north to an abandoned female of about twenty years old .-
The Chairman informed that he had been thus particular in order to offer for the consideration of the Board some additional rules & orders for the government of the watch, which he then read. - The consideration of them was referred .-
Boston ss. At a Meeting of the Selectmen January 27th, 1819. Present Messrs. Phillips, Oliver, Lovering, Austin, Bass, Dorr & Farnam.
Passed the monthly accounts .-
[76.] The Board agreeably to assignment took up the addi- tional rules and orders for the government of the captain & constables of the town watch, which were offered at the last meeting of the Board for their consideration, and voted, the following additional rules and orders for the government of the town watch .---
1st. The watch to be set as at present, but not to be dis- missed at any time until it is distinctly day light, and in the months of May, June & July not before 4 o'clock A. M .-
P
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SELECTMEN'S MINUTES, 1819.
2d. That it be an indispensable part of the duty of the con- stable of the watch to be awake at the time the patroling party come in, and attend to the changing of the watch .-
3d. That it be part of the duty of the watchman who keeps the door of the watch house to wake the constable of the watch, and the men who are to go on duty, at least five minutes before the men who are out on duty come in to be relieved, in order that the constable may ascertain that they have all come in, and that an equal number go out, & that there be no loss of time in changing the watch.
4th. That it be the duty of the constables of the watch to call the roll of their respective watches when the watch is set, and when they are dismissed in the morning .-
5th. It is enjoined on the captain & constables ["77.] of the watch to be very particular as to the character and habits of persons who are offered as substitutes, and that they be satis- fied that the watchman is prevented from attending by sick- ness or some other unavoidable cause, before they receive a substitute; and they are strictly prohibited from receiving so many as to compel them to send two on patrol together.
6th. It shall be the duty of the watchmen to deliver to the constable of the watch any goods or merchandize they may find in the streets, or that they may take from any person or persons they may suspect of having unlawfully got possession of them; and the constable of the watch is to report the same to the captain of the watch the next morning, who is directed to make immediate report thereof to the Chairman of this Board .-
7th. That whoever is absent at roll call when the watch is set, or when they are dismissed in the morning, or disobeys any of these rules & orders shall forfeit his night's pay. - Excepting, that one half of the north & south watchmen may be excused from attending the first roll call, provided they are at their respective watch houses at the time of setting the watch .-
The Chairman laid before the Board the resignation of the society of Engine No 12 - whereupon it was voted that their resignation be accepted, & that Messrs. Bass, Dorr & Farnam be a committee to meet with the wards attached to that engine and consult with them on the best measures to be adopted to obtain a new company for that engine .-
[78.] Boston ss. At a Meeting of the Selectmen February 3d, 1819. - Present, the whole Board, except Mr. Bass.
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CITY DOCUMENT NO. 61.
Application having been made by Mr. Daniel Lillie to the Judge of Probate for the County of Suffolk, stating that Sarah Lillie of Boston, single woman is a person non compos mentis and incapable of taking care of herself. The Board agreeably to the direction of the Hon Judge of Probate took inquisition thereof & were of opinion that the said Sarah Lillie was non compos mentis and incapable of taking care of herself and recom- mended that a guardian should be appointed for her.
Mr. Farnam reported that on the night of the 2d instant accompanied by the Superintendent of Police he visited the town watch as follows .-
At 10 minutes past one o'clock the south watch, found all the watchmen in the house and the constable (Mr. Champney) asleep .-
At 25 minutes past one the center watch, and was informed there were six men out on patrol & the man at the door. The constable of the watch (Mr. Phillips) asleep - they had given shelter to a man who had been found in the street intoxicated.
At 50 minutes past one, north watch, was [79.] informed there were six men out on patrol and the man at the door, the constable (Mr. Gardner) asleep - a man at the door of the watch house (who was intoxicated) requesting permission to be admitted, which was granted on condition he could not get into his lodgings .-
The application of David Alby to be licensed as an auctioneer was granted. Mr. Alby. stating that it was not his intention to keep any office for the sale of goods, but to sell on the wharves and at large.
Boston ss. At a Meeting of the Selectmen February 10th, 1819 - Present Messrs. Phillips, Oliver, Hunewell, Lovering, Austin, Dorr & Farnam.
The Chairman laid before the Board the following applica- tion - viz .-
To the Selectmen of the Town of Boston .-
Gentlemen,
It must have come within your knowledge that a dis- agreement took place at the fire near the Rev. Dr. Baldwin's meeting house, between one of the fire wards of the town and a member of the society of engine No. 12 .- A prosecution ensued against said member, the result of which was his acquittal; but in the defence of this action an expense occurred amount- ing to twenty dollars which expense has been paid out of the funds of this society .-
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