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 8
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(An invitation was sent to the Supreme Executive a copy of which is on file in the bundle of mixed papers.)
The president of the Board of Health having informed the Chairman, that, that Board had appointed a committee to ascertain if any addition was necessary to the burial ground at South Boston, reuquesting that a committee might be ap- pointed on the part of the Selectmen to act in conjunction with them in conformity to the vote of the town passed the 21st June instant - The Chairman, Mr. Lovering & Mr. Hunewell were appointed on the part of this Board .-
The committee (consisting of Messrs. Oliver, Hunewell & Bass) to whom was referred the application of Thomas K. Jones & others for permission to change the course of the water, that comes down Water street, were requested [140.] to obtain the opinion of Sargent & Hart, and if found practi- cable, they were authorized to grant the permission requested, under such restrictions as they may think consistent with the interest of the town.
The committee of Section No. 2 were requested to ascertain what right, if any, Wm. Taylor had to land claimed by him on Myrtle street & now constituting part of that street, & report at the next meeting of the Board.
Mr. Lovering was requested to inform the persons who were carting dirt on the Common to desist, unless they would carry it for one shilling a load.
The Board having received cards of invitation from the subscribers to the Collation at Faneuil Hall on the 5th of July next - The Chairman was requested to inform Col. Badger, through whom the cards were received; that as the time mentioned would interfere with the usual arrangements of
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CITY DOCUMENT NO. 61.
the municipal authority of the town on that day it would not be in their power to accept the invitation .-
It being expected by the Board that Mr. Nathaniel Brewer would resign his situation as commander of, the town watch, in which event the Chairman was requested [141.] to author- ize Mr. Caleb Hayward to take the charge & superintendence of the town watch, and to perform all the duties attached to that office, until the further order of this Board .-
Boston ss. At a meeting of the Selectmen Wednesday July 7th, 1819 present Messrs. Phillips, Oliver, Hunewell, Lovering, Austin, Dorr & Shaw.
The committee of Section No. 2 who were requested to ascertain what right, if any, Wm. Taylor had to land claimed by him on Myrtle street reported, that they had attended to the duty assigned them, and were of opinion that Mr. Taylor had a good right to the land claimed by him, which land now constituted a part of the street. - The Town Clerk residing in that street was requested to ascertain the amount of Mr. Taylors demand for the land & what portion of it could be raised by the proprietors of estates on that street. - Mr. Lovering reported that in compliance with the directions of the Board he has forbidden the carting any more dirt on the Common, they refusing to deliver it at one shilling a load .- The Chairman reported that Mr. Brewer having resigned his situation as captain of the town watch, he had in conformity to the orders of the Board appointed Mr. C. Hayward super- intendent of the town watch until the further orders of the Board. - Mr. Dorr reported a list of watchmen for the centre watch, which was approved by the Board .-
A certificate was signed by the Board that William Fisher of this town has a daughter named Emeline thirteen years old that is deaf and dumb and that he is unable to defray the expense of board and instruction at the asylum at Hartford .- .
A similar certificate was signed that Mary Jackson, widow of this town has a daughter named Sally twelve years old & that she is unable &c-
A remonstrance was recd. from nearly all the owners or occupiers of estates at the easterly end of State street stating that the great number of trucks [142.] usually standing in State street was a great inconvenience to the public and the occupiers of stores in that street praying they may be removed therefrom. The Board after duly considering the same, passed the following order. It is hereby ordered, that from
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SELECTMEN'S MINUTES, 1819.
and after Monday the 19th instant, the trucks and carts owned by any inhabitants of the town of Boston, shall be allowed to stand in the following streets, and that no such cart, truck or sled be allowed to stand in any street, lane or square in said town, otherwise than as they [are] allowed Vizt. six trucks with a horse or horses harnessed to each may stand in Custom House street. - such trucks and carts with a horse or horses harnessed to each as have lately been allowed to stand at the east end of Faneuil Hall, shall be permitted to continue there for the present, under the direction of the Clerk of the Market .-
All other trucks not accommodated as above shall stand in Broad street, one half the number on each side the street, with their horses' heads and ends of the trucks at two feet distance from the flag stones .-
Four carts, with a horse or horses to each may stand in Custom House street, all other carts or wagons with horses to stand in Broad street, south of Custom House street and in Liberty Square.
All sleds owned by any inhabitant of the town shall be regis- tered and numbered, and shall take their stands in the season when they shall be in use, under the same regulations as are above pointed out for trucks and carts .-
And it is hereby ordered, in pursuance of the authority vested in the Selectmen by a law of this Commonwealth, passed June 19th 1809, that if any person shall offend against the above rules, orders and regulations, he shall forfeit and pay a sum not exceeding five dollars, nor less than two dollars upon con- viction of every breach of the same .-
It is further ordered, that so much of the rules and orders of the Selectmen, passed on the 1st day of [Sept.] A.D. 1818 as relates to the stands of trucks, carts & sleds, belonging to the inhabitants of the town of Boston is hereby repealed .-
By Order of the Selectmen.
[143.] Passed on the approbation of a number of persons as innholders and victuallers.
It being represented to the Board that, the making a dam on the marsh at the west side of the Neck would injure the grass for the present season Mr. Lovering was authorized to make such a reduction in the rent as would be just and equitable .-
The Committee on Accounts were authorized to allow thirty-five dollars for the expense of music on the 5th inst .-
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CITY DOCUMENT No. 61.
The Chairman was instructed to direct the police officer to order those persons who have taken stands on the streets and side walks for the purpose of selling fruit. to quit the same without delay .-
The Chairman, Mr. Shaw & Mr. Silsby were appointed a committee to ascertain the expense of an accurate survey of all the public streets, squares & alleys, and to mature a form for the record of the same, and report to the Board .-
Mr. Shaw was requested to draft a new form of license for auctioneers.
[144.] Boston ss. At a special Meeting of the Selectmen on Monday the 12th day of July 1819. - Present, Messrs, Phillips, Hunewell, Lovering, Austin, Dorr, Silsby & Shaw .-
This Meeting was called in consequence of a report that Franklin Dexter Esq. had received a defamatory letter in reference to the oration delivered by him on the 5th instant in commemoration of American Independence, at the request of the Selectmen, and in pursuance of a vote of the town .-
The Board after duly considering the subject were of opinion it was highly important for them, in support of the rights and honor of the town to take some notice of said report. - It was therefore voted, that the Chairman be directed to address a note to Mr. Dexter, requesting him if any such letter had been received to lay it before this Board .-
The Chairman informed the Board, he had received a letter from James Scallan which he read a Copy of which follows viz.
Boston July 11th 1819.
Gentlemen,
I have heard that the matter contained in a letter addressed by me to Franklin Dexter Esq. (which [145.] he has made public) has been by some applied to those inhabitants of Boston who approved of that part of his oration relating to the moral conduct of General Jackson -this misapplication of my letter makes it necessary to declare that I did not mean to offend even one of his auditors or approvers - whilst writ- ing I thought but of him and his remarks, to the latter of which I returned other than thanks by the same right that a majority thanked him and opposition to them had no share in my motives - It may not be improper to remark that in this affair I have acted unadvised and uninfluenced by any person on earth; and to assure you that in this addressing you I seek nothing but to counteract the efforts of those who
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may wish to torture or apply my letter to any other purpose or person than what it was intended for, or to whom it was addressed.
I am respectfully your obedt. Servt. James Scallan .-
The Selectmen
of the town of Boston .-
Whereupon it was voted, that the Chairman Messrs. Shaw & Silsby, be a committee to take the above letter, with any that may be received from Mr. Dexter into consideration and report at the next meeting of the Board what measures it would be proper for the Board to pursue .-
[146.] Boston ss. At a Meeting of the Selectmen July 14th 1819 - Present - The whole Board .-
Mr. Shaw reported a new form of License to auctioneers, which was approved by the Board, and the Chairman directed to have some blanks printed conformable thereto.
The Chairman reported that in compliance with the orders of the Board he had addressed a note to Franklin Dexter Esq. requesting him to lay before the Board a letter said to have been addressed to him in reference to the oration deliv- ered by him on the 5th instant, - and that Mr. Dexter in compliance with the request had inclosed him a letter signed by James Scallan, of which the following is a copy.
Barnums Hotel Wednesday 3.0'clk.
Sir,
I consider the circumstances under which you vilified the private character of General Jackson on Monday as well as the matter contained in your remarks merit the reprobation of every person who possesses manly feelings or a proper regard for the day and occasion on which you uttered them. and having been so explicit in your opinion of him you must [147.] not be surprised to find one who will deal equally with you - this opinion (of mine) I have expressed publiekly with a view that it might reach you which I expected would be ascertained by your notice of it, but as that has not occurred I give it to you direct, viz. In accusing General Jackson of inhumanity you uttered an untruth & in perverting the situa- tion in which you were placed to pourtray the manners & principles of those who achieved the independence of their country to the vilification of one of its most distinguished defenders you pursued a course opposite of what I consider honourable or manly-
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CITY DOCUMENT NO. 61.
If you wish to know who I am ask Col. Brooke at Mr. Del- anoe's and if you wish to find me call or send to Barnums' Hotel Marlboro' Street.
I am & James Scallan
Franklin Dexter Esq Boston.
The Chairman also reported. that the committee appointed on the 12th. instant had attended the duty assigned them, and asked leave to report, - That in their opinion the letter addressed to Franklin Dexter Esq. is a direct and daring violation of the rights and liberties of the community; and therefore highly necessary and proper for this Board to notice it. - They therefore recommend that a letter (of which the following [148.] is a copy) be addressed to the Hon. Secretary of War of the United States, which letter being read was unani- mously accepted, and ordered that the Chairman sign the same in behalf of the Board and forward it, with the copies mentioned therein by mail to the Hon. Secretary of War at Washington.
Hon John C. Calhoun, Secretary of War.
Sir
The Selectmen of the Town of Boston beg leave to address you, on a subject deeply interesting to the rights and honor of the town. - It may perhaps not be unknown to you, that this town, in its corporate capacity and usually in connection with the executive government of the Commonwealth, has been accustomed from an early period of our Revolutionary War, to celebrate the anniversary of the declaration of inde- pendence as a day of national rejoicing. - Among other observances, suited to the character of a free people, and adapted to the nature and dignity of the occasion, the town has by vote, directed the Selectmen to appoint some, one of its accomplished citizens to deliver an oration, upon the char- acter & principles of the revolution, calculated to cherish a proud and grateful recollection of its distinguished events, and [149.] to maintain and perpetuate in the hearts of the people a steady adherence to its pure & illustrious principles.
On the late recurrence of our national anniversary, this Board in conformity with the vote of the town appointed Franklin Dexter Esq., a gentleman distinguished as a scholar and civilian, son of the late Hon Samuel Dexter to deliver the annual oration, at a public meeting, at which the executive government of the state were pleased to unite with the govern- ment and citizens of the town; of the merits and character of that production, which has been since printed, and of which we take leave to forward you a copy, it is not at present neces- sary to say any thing. - Soon after the delivery of the oration,
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SELECTMEN'S MINUTES, 1819.
and before its publication, a report was circulated that Mr. Dexter had received a defamatory letter from an officer of the army of the United States written with the obvious design. of drawing him into a personal contest, in consequence of some opinions expressed or supposed to have been expressed by him in the discharge of his public duty, and at which the per- son in question thought proper to take offence-
Believing that such an attack from such a quarter, was in every respect more offensive and injurious to the public than to the individual, and viewing it as a direct and daring viola- tion of the rights [150.] and liberties of the community, this Board thought proper to make inquiry on the subject and for that purpose addressed a note to Mr. Dexter to ascertain the fact, whether any such communication had been received by him, and if so, requesting him to lay it before them - In pursuance of this request Mr. Dexter transmitted a letter purporting to be addressed to him and to be signed by James Scallan, a copy of which is enclosed. - upon further inquiry this Board were informed that Mr. Scallan, is an officer with the rank of lieutenant in the army of the United States.
It is but an act of justice to Col. Brooke to whom the letter refers, to say that he entirely disavowed all previous knowledge of the transaction. - The letter itself speaks a language too clear to be misunderstood. - This plain narration of facts seems to require few remarks - had such a letter been addressed to a public orator, by an individual, deriving no importance but from his personal character, it would have been considered as we hope by the orator himself, certainly by this Board, too unimportant to require notice. - But emanating as it does from a man bearing a military commis- sion under the United States, founded on the offensive and alarming assumption that any military officer has a right to [151.] call a citizen to account, for any expression of opinions, relative to the conduct of a military chief, upon an interesting public occasion and in discharge of a public duty, thereby impairing, and if submitted to, destroying all freedom of opinion and right of public discussion, it assumes a character of more importance.
It will be obvious by a reference to the oration itself how entirely unfounded the construction is, which is put upon it, by the letter in question. - But without reference to that question, had it turned wholly upon an examination of the merits & conduct of any officer, the principles applicable to it would have been the same. - If there is any one of the rights and privileges of the American people more dearly cherished, more uniformly and strenuously asserted and maintained dur- ing our revolutionary contest more firmly fixed and established by the result of that contest, more essential to the very founda- tion of our whole system of popular government, than any other, it is the right of free, manly & liberal discussion of the measures and principles, the conduct and opinions of all per-
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CITY DOCUMENT NO. 61.
sons, of whatever rank or station, civil or military, holding offices or places of authority under the national or state gov- ernments. - This is a privilege too well established and too valuable to be questioned or invaded. - Without it, public opinion, which now [152.] acts with so much energy, and on the whole with so much utility, would be little more than the mercenary applause or the turbulent clamor of an ignorant and degraded populace. - We might indeed continue to celebrate our national anniversary with splendid, but idle parade; and persons perhaps might be found, spiritless enough to address their countrymen in a tone sufficiently humble and subdued. - But such a celebration, by deviating from its character and losing sight of its object, would lose all its dignity and all its usefulness. - Instead of cherishing the virtues, enlightening the views, animating the hopes & invigorating the energies of freemen, it would serve only to show how widely we had departed, in all these respects from the principles of our ances- tors. - Instead of inspiring a liberal, ardent and elevated love of country, it would exhibit our country in a state too degen- erate and degraded, to command either respect or affection. - These remarks may perhaps appear to be more extended than the particular occasion would seem to warrant. - The attempt of an individual military officer to control the expression of public opinion, may appear too feeble to excite much indigna- tion or alarm. - Were it to stand alone, unattended [153.] by injurious consequences, it certainly would be so. - But exam- ples are dangerous, and single abuses, obtain from acquiescence, something of the force, and sanction of precedents, and hence the importance of repressing the first efforts of injurious design.
We can say with great sincerity, that we have not for a moment entertained the belief that so direct an encroachment on the liberties of the people will receive sanction or counte- nance from the government which we respect. - We have been unwilling, by any hasty appeal to the public, to excite an altercation between the army of the United States, and its citizens, which might be derogatory to the honor and preju- dicial to the interests of both. - We have considered the unwarrantable conduct of Lieut. Scallan, as deriving all its character and importance, from the circumstance of his holding a military commission under the government of the United States, and have therefore thought it a fit case to lay before his superiors in command, for their consideration .-
We therefore, Sir, submit this plain and exact statement of the case to you, as Head of the Department of War, and through you to the President of the United States, as Com- mander in Chief of its military forces, in the full confidence that it will receive such notice and attention as its character demands, and [154.] that - such measures will be adopted respecting it, as will in some measure do justice, to an injured community, and tend to deter others from similar attempts .-
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SELECTMEN'S MINUTES, 1819.
Since this subject has been under discussion, a letter has been received from Lieut. Scallan, a copy of which is enclosed. - This Board however cannot perceive that the matter con- tained therein, does in any respect alter the grounds already taken by them.
By order & in behalf of the Selectmen,
I have the honor to be Sir Your Obt. Servt. Turner Phillips Chairman.
Boston July 15th. 1819 .-
The committee also reported, that in their opinion the letter addressed to the Board signed by James Scallan did not require any reply - which report was also accepted .-
Application having been made by Mr. John Hoch to the Hon. Judge of Probate for the County of Suffolk, stating that James Ross of Boston in non compos mentis and incapable of taking care of himself, the Board agreeably to the [155.] direc- tion of the Hon. Judge of Probate took inquisition thereof and were of opinion that the said James Ross was non compos mentis and incapable of taking care of himself, & a certificate to that effect was signed, requesting that a guardian might be appointed for him .-
A certificate was signed by the Board that Thomas Williston a native of the town of Boston, a minor fifteen years of age is deaf & dumb, that he has no parents or guardian - that he has no property and unable to defray the expense of board & instruction at the Asylum at Hartford .-
The Chairman Messrs. Austin & Dorr were appointed a committee to pass on the renewal of the licenses of those retailers of spirits against whom there had been no complaint, recommending to the committee to place the names of those retailers who they had reason to believe were in the habit of selling liquor to be drank in their shops or places of business on the list of victuallers .-
Messrs. Lovering & Austin reported a list of watchmen for the north & south watch, which was accepted .-
The application of Edward Haynes for payment for land said to be taken from him some years since to widen Elm street, was referred to the Committee of Section No. 2.
[156.] A. complaint that Mr. Jeremiah Bulfinch had encroached on Mill Pond street was referred to the Committee of Section No. 1 .-
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CITY DOCUMENT No. 61.
A request from a number of citizens, that the Board would not grant licenses to auctioneers to sell contiguous to the Market - was read. -
The Committee of Section No. 2 were requested to ascertain the cost of paving Myrtle street.
Boston ss. At a meeting of the Selectmen, Wednesday July 21. 1819. Present the whole Board except Mr. Hunnewell.
The committee appointed to pass on the renewal of licenses to innholders, retailers &c. &c. reported, that they had attended to the duty assigned them and had conformably to the recom- mendation of the Board, placed the names of those persons that were formerly licensed as retailers and who they were satisfied had violated the law of the Commonwealth for the due regulations of licensed houses by selling strong or mixed liquors to be drank in their places of business, on the return as victuallers; the committee regretted to add that many persons were dissatisfied with this proceedure [157.] they (the com- mittee) therefore requested the Board would again take the subject into consideration and express some decisive opinion thereon. - The Board after recurring to the law of the Com- monwealth passed February 25th. 1787. for the due regulation of licensed houses were of opinion they could not (consistent with veracity) return those persons who had not conformed to the laws and regulations respecting licensed persons. It was therefore voted unanimously that the committee appointed to act upon the renewal of licenses be instructed, that no certifi- cate or approbation be granted to any person heretofore licensed as a retailer, unless upon inquiry the committee are satisfied it is the intention of such applicant strictly to comply with that part of the law which prohibits licensed persons entertaining, or suffering any person to drink strong liquors, or mixed liquors, in their shops, houses and dependences.
The Committee of Section No. 2 reported they had inquired the cost of paving Myrtle street and found it could be done at 75-100 pr. yard.
This being the time assigned for licensing auctioneers for the year ensuing and as great complaints have been made to the Board against the conduct of some of the auctioneers near the market it was deemed necessary previous to their appointment to pass the following vote
Voted, that no license be granted to any person to have, keep or occupy any office, to sell [158.] at public vendure or outcry any goods or chattels, in Market Square, Dock Square, Merchants Row, State street, Ann street and the passages lead- ing from Market Square to Ann street or any of the wharves.
SELECTMEN'S MINUTES, 1819.
The Board then licensed the following named persons as auctioneers for the year ensuing.
- Viz .-
Samuel L. Abbot
James A. Allen
Stephen Brown
Lemuel Blake -
George Bond -
John A. Bacon
William S. Brooks
Thomas Bordman
Lucius Q. C. Bowles
Joseph Burns
James Bourguin -
No. 21 Central wharf No. 23 Long wharf Exchange street
5 Kilby street 2 Kilby street 13 Central wharf 2 Kilby street 102 Fish street 59 Cornhill Water street 8 Fish street
Thomas Clark
George C. Channing
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