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 6
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Whereas this Board upon enquiry, find that there was an ancient slip or dock, running from Lynn street to low water mark in the direction of Foster's Lane, being a continuation of the same, which was used by all the citizens freely as a landing place, and the same slip was staked out by a committee of this Board in behalf of the town in the year 1807, the same being claimed as the ancient and undoubted right of the town: - and the same committee did forbid Messrs. Holbrook & Whitney from trespassing thereon: - and whereas in the opinion of this Board, it would be for the safety and convenience of the public. that the said slip should be kept open and free from all incum- brances, and that it should be established as one of the streets
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and highways of the town: - therefore voted, that Fosters Lane so called, be continued at the width of eighteen feet across Lynn street down to low water mark, as one of the streets & highways of the town, and the same is hereby established as such accordingly.
The Chairman reported he had examined into the complaint exhibited against the constable (Holden) who was employed to distribute the notifications in Ward No. 11. and was informed by him that he had endeavoured to do his duty & was not conscious of having neglected it in this instance, and that he delivered all the notifications he had received from the printer, there being but 350 left when he called for them.
[100.] The Committee of Section No. 3. to whom was referred the complaint against the hand cart men, requested further time to make their report on that subject.
The following officers were chosen for the year ensuing .-
Samuel Phillips - Hay weigher - Joseph Lovering & John Parker Esqr. his bondsmen.
Nathaniel Meriam, Clerk of the Market - on condition of his giving a bond for one thousand dollars with two sufficient bondsmen, for the faithful discharge of his duty; he to pay over to the town treasurer all monies collected by him, once in four weeks, and produce a receipt therefor to the Chairman of this Board .-
Allan Pollack sealer of Weights & measures.
Caleb Loring Junr. Weigher of Boats & Lighters.
The Choice of police officers was assigned for this day fort- night .-
Mr. Braddock Loring was appointed a measurer of wood coming by water into this town.
[101.] The application of Thomas K. Williams to lease for five years, a piece of land on the neck belonging to the town, was referred to the committee of the Neck.
The application of Thomas R. Holden for a place or stall to sell fish at the north part of the town, at the head of Winnesimit ferry ways, was referred to the Committee of Section No. 1.
The Chairman was authorized (when he should deem it necessary) to direct the officer of police to give notice that for
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thirty days next ensuing no cart, waggon or truck shall carry at any one time over the streets more than two hogsheads, six feet of dry pine or eastern wood, or four feet of green wood, or of manure or any other article more than one ton .-
Warrant was signed for April meeting - Mr. Buckingham to print notifications. - Rev. Mr. Huntington to open the meeting with prayer .-
[102.] Boston ss. At a Meeting of the Selectmen March 24th, 1819. - Present the whole Board except Mr. Silsby .-
John Meriam & Abijah Meriam were approved as bondsmen for Nathaniel Meriam, Clerk of the Market .-
Voted, That hereafter it be the duty of the Clerk of the Market, to pay over to the town treasurer all the monies which he may receive on account of the town monthly, and produce his receipts therefor to the Chairman of this Board .-
The committee to whom was referred the application of Mr. Thos. K. Williams, reported, that they had viewed the land that Mr. Williams was desirous of leasing, that in their opinion it was worth $20 - per annum, but as Mr. W. was not willing to pay more than $10 - a year, they were of opinion it was not expedient to lease it at that price - report accepted .-
The committee to whom was referred the application of Thomas R. Holden, reported, that they had attended the duty assigned them, and found on examination, that a stall for the sale of fish might be conveniently erected at the place applied for, that it would be a great accommodation for the citizens residing at the north part of the town to have a fish market established there. - and a suitable building might be erected, that would not cost more than eighty dollars, for which building Mr. Holden would pay forty dollars a year,- whereupon it was voted, that the committee be authorized [103.] to have a stall built provided the expense would not exceed eighty dollars; and that Mr. Holden or some other person would take a lease of it at forty dollars per annum.
Mr. Dorr was appointed a committee to wait on the Rev. Mr. Huntington, and request he would open the meeting with prayer, on the first Monday of April next .-
The chairman reported that Mr. Tukesbury had informed him, that several persons had been lately seen taking ballast from Deer Island. - The Board fully impressed with the importance of this island to the security of the harbour,-
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voted, That the Chairman be directed to have the following Advertisement inserted in the public prints. - viz.
Fifty Dollars Reward .-
At a Meeting of the Selectmen, Boston March 24, 1819. It having been represented to this Board, that several persons have been seen lately taking ballast from Deer Island, the property of the town, in violation of notice heretofore given. and thereby endangering the safety of the Town and harbour: public notice is again given, that no person is allowed to take sand, gravel, or ballast of any kind, from any part of said island, or the Fawn bars; all persons who shall offend in future in this respect will be prosecuted; and any one who will give information of such trespass, to convict the offender, shall receive the above reward.
By order of the Selectmen Turner Phillips, Chairman.
[104.] The Chairman informed that Mr. Galen Holmes had complained to him, that the town crier had charged an exorbitant fee for crying two children that were lost some time since; - that he (the Chairman had sent for Mr. Wilson and made enquiry on the subject; - that he had advised Mr. Wilson to return Mr. Holmes one half the sum which he had received, which he consented to do. - That Mr. Holmes had since received from Mr. Wilson two notes couched in very reprehensible language - and requested the Board would take the subject under consideration and afford him such redress as the nature of the offence demanded .-
The notes being read the Board voted, that the Chairman be instructed to notify the parties to attend at the Selectmens room on Wednesday next at 4 o'clock P. M.
The Committee on accounts for the present month were authorized to allow the bills of Saml. L. Knapp Esq. attorney at law against William D. Allison & Ebenezer Brown for ser- vices performed in defending them in an action brought against them by John Emery at the July term of the Boston Court of Common Pleas, on which trial every thing appeared fair & correct on the part of the said Allison & Brown, as watchmen of the town .-
The Committee of the Neck were authorized to make such repairs on Lambs Dam as they may find necessary; - also to have a fence placed round the bull pasture, so called, and to have such repairs made to the fence on the Neck as they may deem expedient .-
Information being received that Major Seth [105.] Johnson had fenced in a piece of the town's land on the Neck, - The
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committee of Section No. 4 were authorized to lease the land to him, and in case he should refuse to take a lease of the said land on such terms as the committee may think reasonable, the committee are empowered to have the fence removed.
The oath of office was administered to Mr. Hunewell by the Chairman.
The Chairman was requested to have a dinner provided for the Board on the day of the election of governor, lieutenant governor &c. and for such guests as have usually been invited on that occasion.
Boston ss. At a Meeting of the Selectmen March 31st, 1819 - Present the whole Board, except Mr. Austin .-
Passed the monthly draft.
At the mutual request of Lawrence Nichols & Bernard Alexander who was indented to the former with the approba- tion of this Board on the 3d. instant, and personal examination of the parties, voted that the said indenture be and the same is hereby cancelled, and the parties respectively discharged from their obligations.
The Chairman & Mr. Oliver were authorized to dispose of the bell formerly used at one of the school houses, to Mr. Parker for the use of the Episcopal Society worshipping at So. Boston, at 30 cents a pound.
[106.] This being the time assigned for coming to a choice of police officers, for the year ensuing, the subject was taken into consideration, & voted, that the choice of police officers for the year ensuing be postponed, and that the Chair- man, Messrs. Lovering, Silsby & Shaw be a committee to consider the expediency of reducing the number of police officers for the ensuing year and report at the next meeting of the Board .-
Returns were received from the Superintendent of Police, and the Deputy Police Officer of fines received by them for the quarter ending this day.
Boston ss. At a Meeting of the Selectmen April 7th, 1819. Present Messrs. Phillips, Hunewell, Lovering, Austin, Bass, Dorr & Shaw.
The Committee appointed "to take into consideration the expediency of reducing the number of police officers" have attended the duty assigned them and report. - That having
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given the subject the consideration that its importance required, and being impressed with the belief that the great mass of their fellow citizens are now so fully sensible of the necessity that the by-laws and orders of the town and the laws of the Commonwealth which especially relate to the good order & government of the town should be complied with, and are so well disposed to that effect, are of opinion that one police officer will be sufficient for the year ensuing .-
[107.] Your committee have also taken into considera- tion the compensation to be allowed said officer, and are of opinion eight hundred dollars per annum will be fully adequate to the services he will have to perform; Altho' your committee are very desirous to be as economical in the expenditure of the public money as possible, yet in naming this salary they would observe, they have not been governed solely by the motives of economy, but have also duly considered the services to be performed .-
The committee would recommend that the police officer be directed to pay into the town treasury all fines that may by law accrue to him; - they are not influenced in the adop- tion of this measure by the amount of the fines, which are trifling, but because they believe it would be more satisfactory to the public, and what is of much greater importance in the opinion of your committee, it would prevent the person fined from charging the officer with having commenced the prosecu- tion for his personal interest, and not the public good.
By order of the Committee
Apl. 2d, 1819. Turner Phillips, Chairman.
The foregoing report was read & accepted - and Thursday next assigned for coming to the choice of police officer.
The committee appointed the 11th ultimo to consider the application of a number of citizens [108.] that the hand-cart men usually standing at the corner of Kilby and State streets might be removed reported, that the hand cart men who now stand at the corner of Kilby & State streets, be removed to Liberty square - report accepted.
A complaint having been made that Mr. David Forsaith was making sales at public auction in State street in violation of the conditions on which licenses had been granted to the auc- tioneers of the town for several years past; The Chairman informed, that he had directed the Superintendent of Police to call on Mr. Forsaith and to request him to desist from making sales at auction in that street, that he (the Chairman) after- wards met Mr. Forsaith in the street, who observed that he had received notice from the police officer, and wished to know why such notice had been sent to him - he was informed it was contrary to the restrictions laid on all the auctioneers and that
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the Selectmen would not allow it; to this he replied he did not care a dam about it; the conversation then ended. The Board voted, that the Chairman be directed to request Mr. David Forsaith (in writing) to desist from making sales at auction in State street, & to inform him if he should continue (contrary to the restrictions laid on all the auctioneers) to do it, the time is approaching when it will be in their power effectually to prevent it .-
The Board having received information that a passage way leading through land owned [109.] by Mr. Thomas Haskins, or under his superintendence or control, between Carver & Pleasant streets is in such bad order as to make it dangerous for the citizens or others to pass over. - Ordered That the Chairman be instructed to inform Mr. Haskins that the Select- men consider him responsible for any damage that may happen to the person or property of any individual passing over the same, and to inform him, if he should refuse or neglect to have said passage way put in a state of security, it will be their duty to have a fence placed at each end thereof and thereby prevent the citizens from attempting to pass over it .-
Messrs. Shaw, Dorr & Austin were appointed a committee to meet & confer with a sub-committee of the School Committee respecting what remuneration ought (in equity) to be made to the Society in Hollis street for the upper story of the school house in Nassau street, called Franklin Hall - the same having been taken for the use of the town, for a writing school.
The Board having received an invitation from the Church & Society in Hollis street to attend at the ordination of Mr. John Pierpont, and also to dine with them after the religious services of the day. - Voted that the Chairman be requested to inform the committee of the Society that the Board will with pleasure accept their polite invitation.
Voted, That the next meeting of this Board be on Thursday the 15th instant at 4 o'clock. P. M.
[110.] Boston ss. At a meeting of the Selectmen April 15th, 1819 - Present the whole Board .-
This being the time assigned for coming to the choice of a police officer (the Chairman read a note he had received from Nehemiah Freeman Esq. declining to offer himself as a candi- date for the office) the votes were taken and Mr. Caleb Hay- ward was declared to be unanimously chosen police officer during the pleasure of the Board, subject to all the orders, rules & regulations of this Board, with a salary at the rate of eight hundred dollars Pr annum.
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Voted that the sum of two hundred & fifty dollars be paid Colo. Nehemiah Freeman in full for his services as police officer, being the amount of his salary to the termination of the current quarter.
The Chairman made the following report - That in the hope Mr. Forsaith would desist from making sales at auction at his office in State street, he refrained from writing him on that subject until Friday last, when having observed an advertise- ment for a sale at his office No. 50 State street, he (the Chair- man) in compliance with the orders of the Board sent him on Friday the 9th. instant a note of which the following is a copy -
Selectmens room April 9th, 1819.
Sir
In consequence of a complaint being made that you were selling at public auction, in State street, in direct violation of the conditions on [111.] which licenses have been granted to the auctioneers of this town for several years past, I directed the police officer to call on you and request you would not continue your sales by auction in that street - since which having observed your advertisements for sales at auction at your office No. 50 State street it became my duty to lay the subject before the Selectmen, who have directed me again to request you will refrain from making sales by auction in State street, and to inform you if you should continue (contrary to the restrictions laid on all the auctioneers) to do it, the time is approaching when it will be in their power effectually to pre- vent it .-
I am Sir, your Hbl Servt Turner Phillips Chairman of the Selectmen. Mr. David Forsaith .-
That in the afternoon of the next day (Saturday the 10th. instant) Mr. Forsaith came into the Selectmens Room (accom- panied by Mr. Josiah Forsaith) and informed the Chairman he had called with his friend to make some enquiry respecting a note he had received the day before, (that he had communi- cated it to Mr. Peabody who observed that such treatment could not be submitted to,) and that he now wished to know why he was singled out on that occasion; he was answered that he was not the only one who was restricted from making sales at auction in State street, that it was a condition on which licenses had been granted to all the auctioneers in town; he then asked why Mr. Callamore was not prevented from making sales in that street the last summer; -- he was answered that those sales [112.] (if there were any) were not known to the Board, if they had come to there knowledge they would have been stopped; - that there had been an application to the Selectmen for permission to show a flag only in that street,
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without making any sales on the street which was refused; he then asked who made the complaint, the reply was "as the fact was not denied it was unnecessary to say who the com- plainant was"- he then charged the Board with being partial (by repeating the vulgar saying) that kissing went by favor with the Board; - In reply to this unjust charge your Chair- man could not refrain from saying the Board despised such conduct, & he believes he added, such insinuations ;- Mr. Forsaith immediately replied, - and I despise you, I despise you Sir. after some further conversation Mr. Forsaith insinu- ated that such conduct might affect the re-election of the present Board, to which he was answered, the Board were not seeking popularity, that they would do what they conceived to be their duty, let the event be what it might.
The Chairman would not have troubled the Board with this statement had he considered it personal, but the honor of the Board being implicated, he considered it his duty to submit it to them. - He would also observe that as Chairman of the Board it is his duty to comply with their directions, and if in so doing he is to be insulted with impunity, no consideration will induce him any longer to serve as their Chairman. - all which is submitted for the consideration of the Board by their Hbl Servt.
T. Phillips
[113.] * Note. On Monday the 12th. instant, The Chair- man sent a Note to Mr. Forsaith requesting he would favor him with the name of the person who accompanied him on Saturday last to the Selectmens room; - in consequence of which Mr. F. called with his brother being the same person who was with him - The Chairman then read to them what he had committed to paper, and asked them if it was correct; - Mr. Forsaith said it was, with the exception of that part respecting Mr. Peabody .-
The foregoing statement was ordered to be recorded.
The Chairman informed, that in compliance with the orders of the Board he had sent a written notice to Mr. Thomas Haskins, of which the following is a copy.
Selectmens Room Apl. 8, 1819.
Mr. Thomas Haskins
Sir
The Selectmen having been informed that a passageway leading through land owned by you, or under your superin- tendence or control, between Carver & Pleasant streets, is now in such bad order as to make it dangerous for the citizens to pass over. - I am instructed by the Board to inform you,
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they consider you responsible for any damage that may happen to the person or property of any citizen passing over the same; - and to direct you to have said passageway put in such order as to prevent any danger arising therefrom. - Should you neglect to pay proper attention to this notice, it will be the duty of the Selectmen to have a fence placed at [114.] each end of the passage way and thereby prevent the citizens from attempting to pass over it.
Return was made by Mr. Hunewell, that he had examined the accounts of the Hay weigher for the quarter ending the 1st. instant the whole amount of the proceeds was $315.8 - and the balance due the town was $101.29 - which the treasurer has been ordered to receive.
The Chairman informed, that after organizing the Board of Assistant Assessors he had informed them, that he was directed by the Selectmen to request them to furnish a list of the rate- able polls in their respective wards on, or before Wednesday the 12th day of May next, and that this was indispensable to ascertain the number of Representatives the town had a right to send, and to entitle them to their seats in the Legislature.
Mr. Shaw & the Chairman were appointed a committee on the subject of an orator for the 4th. of July next.
The application of Mr. Daniel Baxter that a committee might be appointed to ascertain the quantity of land thrown by him into Harvard street, and if wanted to widen said street to ascertain the value thereof. - was referred to the Committee of section No 4 .-
[115.] Boston ss. At a Meeting of the Selectmen April 21st, 1819. - Present Messrs. Philips, Oliver, Hunewell, Lovering, Dorr & Shaw.
It being represented to the Board that the funds of the Episcopal Society at South Boston were so low as not to admit of their purchasing a bell, and the Board being of opinion that in the event of a fire happening at that section of the town, a bell might be very serviceable in sounding the alarm,- Voted, that the committee appointed on the 31st. ultimo be authorized to loan one of the school bells to said Society; Mr. Gould giving his obligation to return it when demanded, or pay for the same.
The committee of the Neck reported that agreeably to the directions of the Board they had leased to Major Seth Johnson a piece of the town's land on the Neck (fenced by him) for five dollars per annum.
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The committee to whom was referred the application of Mr. Daniel Baxter respecting land on Harvard street, requested further time to report.
The Chairman was requested to direct the police officer to attend on Mr. Shaw for instructions to carry into execution the vote of the Board of the 17th. March last respecting the town's slip from Lynn street, the thirty days allowed to remove the incumbrances having expired .-
The committee of section No. 2 were authorized to repair the bottom of North Allen street .-
[116.] The chairman was instructed to direct the police officer to call on Mr. Washington Munroe & order him to remove his bench and commodities from Dock Square with- out delay .-
Boston ss. At a Meeting of the Selectmen April 28th, 1819 .-
Present the whole Board. - Passed the monthly accounts .-
The Board came to the choice of a gentleman to deliver an oration on the 5th of July next, (the 4th. being Sunday) and voted unanimously, that Franklin Dexter, Esq. be requested to deliver the annual oration, before the town on the next anniversary of American Independence on the 5th. day of July next, and that the Chairman be requested to communicate notice thereof to Mr. Dexter .-
The committee appointed the 7th. instant, to whom was referred the application of William Dall & Amasa Davis, Esquires, trustees of Franklin Hall, in behalf of themselves & others, as proprietors of said hall, and beneficially interested therein, having, as directed, conferred with a committee from the School Committee, & considered the subject, report, that in their opinion the applicants have equitable claim upon the town for a reasonable compensation for said hall which has now been taken for public use, that [117.] six hundred dollars is in their opinion a valuable and adequate compensation there- for, and ought to be paid by the town, on obtaining a full release and discharge of all claims therein, legal & equitable, in which opinions the said sub committee from the School Com- mittee, fully concurred. They also report that the facts and reasonings, upon which these opinions are founded, are detailed at length in the report made to the School Committee, to which therefore they beg leave to refer. which is respectfully submitted.
By Order, &
Lemuel Shaw.
Ap. 28, 1819.
The foregoing report was accepted by the School Committee.
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Mr. Shaw was requested to ascertain if the by-laws of the town extended to waggons, carts, trucks or other vehicles com- ing into the town from the country, or the towns adjacent.
The petition of Wm D. Allison, that the town would pay $ -- for a verdict & costs rendered against him in an action, brought by Emery; he (Allison) constable of the watch being free from fault in the transaction for which he had been prose- cuted, and for which sum he had been arrested & committed to prison; was referred to Mr. Shaw.
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