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 9

Author: Boston (Mass.). Registry Dept
Publication date: 1909
Publisher: Boston : City of Boston Printing Dept.
Number of Pages: 312


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 9


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William Cochran


Samuel F. Coolidge


Joseph L. Cunningham


Gilman Collamore


Derastus Clap


George W. Clark


John Cassell


No. 8 Kilby street Merchants Hall 36 India street 5 Kilby street 7 Kilby street 16 Essex street 15 Central wharf 3 & 4 Fish street


William Dehon


Charles Dexter


Jeremiah Draper


[159.] Richard Edwards Thomas English -


William Gridley Jun


Stephen Gibson


Reuben W. Gerry


Joseph W. Geyer Silas Field


Caleb Hayward - David Hale Jur.


John M. Holbrook


Darius Holbrook


Daniel Hearsey


William Hartwell


Timothy Hathaway John Minehin


Thomas K. Jones John Jutau


Ephraim Lock


David Marston


George Milns - Elisha Parks -


Luther Parks


20 Kilby street 3 Kilby street 2 & 3 Liberty sqr. No. 85 Court street Merchants Hall


16 Exchange street 14 Broad street 5 Lendells Lane 4 Doane street 88 Prince street


7 Kilby street 3 Kilby street Do. 1 Kilby street 17 Exchange street 58 Newbury street 5 Lindells Lane 20 Kilby street 19 Newbury street 1 Long wharf 34 Central wharf 1 Adams street 19 Kilby street 6 Kilby street ·


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CITY DOCUMENT No. 61.


Jacob Peabody John Perkins George Noble


Joseph Ripley


Frink Roberts


Benjamin Seaver Frink Stratton -


Augustus Storey


Nehemiah Somes


No. 1 Phillips Building 9 Central wharf


William Tucker


37 Central wharf


Samuel Whitwell


2 Kilby street


Benjamin Winslow -


8 Kilby street 48 Cornhill


Francis Wilby


9 Kilby street


Stillman Willis


8 Court street


Ferdinand E. White


18 Long wharf


David Williams -


Samuel G. Williams


Thomas C. Williams


101 & 102 Court street


[160.] The following named persons were appointed con- stables for the ensuing year, provided they obtain such bonds- men as should be approved by the Board viz.


Constables.


Sureties.


Elisha Copeland


John Perry & John Gibson


James Perkins


James Williams & Henry Lane


Solomon Twist


Amos Penniman & Jos. Hiscock


Wm. Tupper -


Alfred Tupper & John Drayton


Wm. Brooks -


Jona. Prescott


Moses Wallach & Saml. Hastings Robt. Barber, Jno. Barnard & Robt. Cunningham


Geo. Reed -


Wm. Dinsmore


Thos. Holden -


Francis Garraux & Geo. Reed Junr. Jos. Haven, Edmd. Munroe, Jno. Williams & John W. Folsom


Augt. O. Barton & Oliver Downing


Saml. Whitcomb & John Mead


Wendel R. Barker Andrew Sanborn - - Enoch Patterson & Hugh R. Kendall James Farrar & Jos. Harrington


Samuel Holmes - David Rixford


Josiah Baldwin


- Wm. P. Whiting & Ephm Whitney Peter Mackintosh & Nathl. Emmes


Thomas Wallace - Daniel Sargent & Ignatius Sargent Horatio Bass - Henry Bass & George Bass -


Elisha V. Glover Job Drew Jesse Churchill


- Danl Baxter & Edwd. Prescott John R. Gould & Thos. Redman


Jason Bramin -


Henry Davis


Jona Ames


Elisha Smith Ebenezer Shute


- Robt. Bacon & Jesse Brown


- Aaron Bean & Jos. Jenkins


- John Clark & Step Thayer


John Roulstone & Alexr. Parris


12 Kilby street 25 Fish street 16 Long wharf India street 14 Court street


2 Kilby street 9 No. Russell St. 15 Kilby street


John Tyler


Nathl. H. Whitaker


Henry White


12 Prince street


60 Cornhill


87


SELECTMEN'S MINUTES, 1819.


[161.] The committee of Section No. 1 requested further time to report respecting the encroachment of Jeremiah Bulfinch on Mill pond street.


The Committee of Section No. 2 requested further time to report on the demand of Edward Haynes for land said to be taken from him to widen Elm street.


The application of Mr. Jno. Bellows that the town would pay a part of the expense for paving Sheafe lane was taken into consideration.


The Board were unanimously of opinion as Mason street was paved the last season on the express condition that Sheafe lane was to be paved without any expense to the town (which is acknowledged by Mr. Bellows they could not with propriety comply with the request.


The Chairman informed that Washington Monroe had prose- cuted the person who had hired of the Clerk of the Market a stand on Dock Square for the purpose of selling lemons &c and that trial was to be had before Justice Simmons tomorrow at 4 o clock, the Board directed that Mr. Parker be employed to defend this action.


A certificate was signed by the Board that Lawrence Dowran a foreigner who has resided in the town with his family about 18 months, has a son named Edward seven years old who is deaf & dumb, and that from evidence that has been adduced to the Board they are satisfred he is unable to defray the expense of board and instruction for said child at the Asylum in Hart- ford.


[162.] Boston ss. At a Meeting of the Selectmen Thurs- day July 29th 1819. - Present Messrs. Phillips, Oliver, Lover- ing, Austin & Bass .-


Passed the monthly accounts.


The committee of Section No. 1. not being ready to report on the subject of the encroachment of Jeremiah Bulfinch, fur- ther time was allowed for that purpose .-


The committee of Section No. 2. not being present, no report was made on the subject of Edward Haynes' demand for land taken to widen Elm street .-


The Chairman reported that the prosecution brought by Washington Munroe against the person who had hired a stand on Dock Square was not sustained.


1


· 88


CITY DOCUMENT NO. 61.


The Chairman reported, that a note of which the following is a copy, had been addressed to Franklin Dexter Esq. - viz. - July 19th, 1819 .-


Franklin Dexter Esq.


Sir The Selectmen of Boston have received your note, complying with their request, and enclosing a letter purporting to be addressed to you by Mr. James Scallan [163.] This Board have considered the contents of said letter as a direct invasion of the rights and liberties of the community, which the public are peculiarly and imperiously called upon to vindicate; - they therefore propose to retain the same for the purpose of adopting and pursuing such measures as the rights and honor of the town appear to them to require .-


By order of the Selectmen


very respectfully


your Obed't. Servt.


Turner Phillips Chairman.


To which the Chairman had received the following reply .- Boston July 23d, 1819 .-


Sir


Absence from town has hitherto prevented my acknowl- edging the honor of your note of the 19th. instant .-


The letter in question is entirely at the disposal of the Selectmen.


very respectfully I have the honor


to be, Sir,


Your most Obt. Servt.


Franklin Dexter.


Turner Phillips Esq.


Chairman of the Selectmen.


Return was made by the Chairman (one of the committee of the market) that he had examined the accounts of the Clerk of the Market, for the quarter ending the 24th instant, the [164.] whole amount of which is $2285.41-100 dollars, which he had ordered paid to the treasurer.


The following persons were this day licensed as auctioneers - viz Lucius Q. C. Bowles


Office at No. 59 Cornhill


Benjamin Tucker office 23 School St.


Jeremiah Draper


5 Lendels Lane.


89


SELECTMEN'S MINUTES, 1819.


The application of David Hinckley and Luther Ellis for pay- ment for land said to be taken from them for Blossom street, laid out by the Selectmen as a street December 10th. 1817- was referred to the Chairman Messrs. Hunewell & Shaw .-


The proposal of Mr. John M. Dearborn to water that part of the market, that is swept on Tuesdays & Fridays, at 5 dollars each day was not acceded to by the Board.


The Chairman reported that the deed of land for a market place at South Boston had been executed by Mr. John Hawes, which, with the deed for the upper story of the south school house had been sent to the Register of Deeds to be placed on record .-


The Chairman reported, that two copies of the by-laws and orders of the town had been bound conformably to a vote of . the Board, of the 19th May last, & transmitted to the Hon. Daniel Stevens Intendant of the City of Charleston, by the Brig Adeline, John Atwood, Master.


[165.] A Communication from the Board of Health stating that a nuisance was caused by conveying the water from the streets through a drain under Merchants Hall, re- questing that a committee might be appointed on the part of this Board to meet & confer with a committee of their Board on the subject complained of; Messrs. Oliver, Hunewell & Bass were appointed on the part of this Board .-


On the application of James Shed, and for permission to stand with their one horse carts in Central street, - voted, that the subject be referred to the police officer authorizing him to permit them to stand in that part of Central street east of Broad street during the pleasure of the Board, provided the persons occupying stores in that street do not object .-


[166.] Boston ss. At a Meeting of the Selectmen Wednes- day 4th. August 1819. Present Mess. Phillips, Oliver, Hunnewell, Lovering, Austin, Bass & Shaw.


The committee of Section No. 1 not being ready to report on the subject of the encroachment on Mill pond street by Jeremiah Bulfinch, further time was allowed.


Mr. Dorr of the committee of Section No. 2 being out of town further time was allowed for said committee to report on the subject of Edward Haynes demand.


90


CITY DOCUMENT NO 61.


The committee to whom was referred the application of David Hinckley and Luther Ellis, were, for reasons stated by the committee, allowed further time to report.


The remonstrance of Thos. L. Winthrop & others against the vote of the Board restricting the sale of goods by auction in Market square &c was read. The Board after duly con- sidering the matter were of opinion it was not expedient to revoke their vote on the subject .-


A petition from all the owners of estates on Union street praying that no license [167.] may be granted for the sale of goods by public auction on that street was presented and read.


Certificates were signed that Mrs. Nancy Gowan, Widow, an inhabitant of this town has a daughter named Nancy aged 7 years that is deaf & dumb. That Priscilla Norris a native of this Commonwealth & residing in this town has a daughter named Sally 22 years old who is deaf & dumb. And that a Hannah Delger a native of this town has a son named Henry Augustus, aged 7 years who is deaf & dumb and that from evidence that has been adduced to this Board they are satisfied the said Nancy, Priscilla, and Hannah are unable to defray the expense of board and instruction for their said children at the Asylum in Hartford.


Mess. George Milns and Joseph Burns were licensed auc- tioneers.


Mr. Hunnewell, committee of the Hay Scales reported, that he had examined the Hay weigher's account for the quarter ending the 1st July last which he had found correct, the balance 99.14100 dollars, the Chairman had ordered paid to the Treasurer.


[168.] An application from a number of citizens that Proctors lane & Richmond street might be paved the present season was agreed to and the committee for that section were requested to have it done.


It being represented to the Board that Temple street was in very bad order, the Chairman & Mr. Shaw were requested to view & report.


Return was made by Benjamin Harris of the expense of lowering and repairing the common shore in Leverett street which was assessed on the proprietors.


The inhabitants owning or occupying estates in Myrtle street having subscribed $308, it was voted to pave that part or portion of the street lying west of Belknap street on condi-


91


SELECTMEN'S MINUTES, 1819.


tion that the amount subscribed was paid previous to the pavement being commenced .-


The application of Mr. John Proctor in behalf of his deaf & dumb daughter, that the Board would grant the certificate required by the resolve of the legislature of this Commonwealth respecting deaf & dumb persons was referred to Mr. Shaw.


[169.] Boston ss. At A Meeting of the Selectmen, Wednes- day August 11. 1819, Present Mess: Phillips, Oliver, Lovering, Bass, Silsby & Shaw.


The committee of Sections No. 1. 2 & 3 were allowed further time to report on the subjects of the encroachments of Jere- miah Bulfinch, the demand of Edward Haynes and the demand of David Hinckley & Luther Ellis .-


The Chairman and Mr. Shaw reported that conformably to the orders of the Board they had viewed Temple street and found it in a very bad state. The repairs of this street with the repairs of other streets were referred to the next meeting of the Board. In the intervening time the committee of the several sections were requested to ascertain the amount already expended in paving and repairing the streets.


Mr. Shaw to whom was referred the application of Mr. John Proctor in behalf of his deaf & dumb child made the following report which was accepted vizt.


Selectmens Room Aug: 11. 1819.


On the application of Mr. John Proctor in behalf of his deaf & dumb daughter. I am of opinion that as the resolve stands this Board cannot with propriety grant [170.] the certificate requested; the resolution provides only for deaf & dumb per- sons "belonging to this Commonwealth" and the certificate must be given by the Selectmen of the "town where the parent or guardian of such deaf & dumb person resides." Mr. Proctor the parent applying cannot in my opinion, be truly said to reside in Boston, even if there were no difficulty in the other part as to the daughter herself belonging here I think however if the daughter herself was now to return to this town & some person residing here to assume the guardianship of her, which might be done, the certificate might be granted which is Respectfully


Submitted Lem. Shaw.


The Chairman reported that complaint having been made to him that by the order of Mr. Samuel Spear certain persons were digging away Summer street so as to make it dangerous


92


CITY DOCUMENT NO. 61.


for carriages to pass, that he, the Chairman with Mr. Shaw had viewed the ground and were of opinion Mr. Spear was trespassing on the public street and that he the Chairman with the concurrence of Mr. Shaw had forbidden the workmen to proceed any further. [171.] That he with Mr. Shaw then proceeded to the Registers office and examined the deed from the Town to Hancock, which confirmed their opinion, Mr. Shaw further reported on this subject that he had examined the partition deeds, between the heirs of Hancock which was a further confirmation of the correctness of their opinion. The proceedings on this subject met the entire approbation of the Board:


Mess. Joel Shipley and James Page having made proposals to pave Myrtle street it was voted that they be employed to pave that street on the following conditions, that they be allowed sixty six 3 cents for every square yard and twenty dollars in addition thereto for extra digging &c, the town to know of no other expense & that the town would allow them one shilling for each and every load of dirt they shall deliver on the Common. That they take & collect at their own risk the sum subscribed amounting to three hundred and eight dollars in part payment and give bonds with good & sufficient sureties to make or cause to be made any repairs that may be necessary on said street for the space of five years .-


The committee of the Market were authorized to have gutters put at the north and south sides of the roof of the market house.


The Chairman was directed to Notify Mr. [172.] William Burgis to attend on Thursday next to answer to a charge exhibited against the driver of his hackney carriage No 24 for demanding more than lawful fare.


The committees of the several sections to whom was referred the application for licenses in their respective sections, reported a list of such as in their opinion were suitable to be licensed; Report accepted and those persons approbated .-


The Chairman communicated a letter he he had received from Jedediah Herrick, Sheriff, of the County of Penobscot enclosing a warrant for a county tax on Township No 5 in the ninth range, of $11.10 the Chairman was requested to trans- mit the amount of the tax by some conveyance.


The committee of the Franklin school were authorized to have a gutter placed on the sides of the roof of that school house .-


A certificate was signed that Jannett Fullerton an inhabitant


93


SELECTMEN'S MINUTES, 1819.


of this town has a son named Alexander aged 15 years that is deaf & dumb, and that from evidence that has been adduced to this Board they are satisfied she is unable to defray the expense of his board and instruction at the Asylum in Hart- ford .-


[173.] On the application of the company of youths for permission to fire in the streets or on the Common - The Board were of opinion they had no power to dispense with the law on this subject.


A memorial or remonstrance was received from 40 citizens owning or occupying estates in Cornhill complaining of the grievance of having the high way before their shops and stores incumbered by horses and carts from the country; ordered to remain on the files for the consideration of the Board.


Boston ss. At a Meeting of the Selectmen August 19th 1819 - Present Messers. Phillips, Oliver, Hunewell, Lovering, Austin, Bass & Dorr .-


The Committee of Section No. 1 was allowed further time to report on the encroachment of J. Bulfinch.


The Committee of Section No. 2 were authorized to offer one hundred dollars to Mr. Edward Haynes as a full com- pensation for land taken from him some time since to widen Elm street .-


The committee to whom was referred [174.] the application of David Hinckley & Luther Ellis for payment for land said to be taken for Blossom street, were allowed further time to report on that subject.


The committee appointed on the part of this Board con- formably to a vote of the town of the 21st June last .- Re- ported, that they had, in conjunction with a committee of the Board of Health, proceeded to South Boston and viewed the burial ground located in that section of the town by the com- missioners, and were unanimously of opinion it was not neces- sary for the town to make any addition thereto - which report was unanimously accepted .-


The Chairman reported, that Messrs. Joel Shipley & James Page had agreed to pave Myrtle street on the conditions pro- posed by the Board.


Mr. Burgess, appeared to answer to the complaint against the driver of one of his carriages for demanding more than legal fare, Mr. B. denying the fact and the complainant not


94


CITY DOCUMENT NO. 61.


appearing to substantiate the charge the further consideration of the subject was deferred .-


The Chairman reported that in compliance with the direction of the Board he had transmitted $11. 1º Too dollars to Jedediah Herrick [175.] Sheriff of the County of Penobscot, for the county tax on township of land No 5. belonging to this Town .-


The Chairman & Mr. Lovering were appointed a committee to advertise that proposals would be received for supplying the oil necessary for the town lamps for the ensuing season .-


The Chairman reported, that having been informed that the fence enclosing a small strip of land at the south end of Hawkins street was down, and that a new fence was erecting, and being also informed that the piece of land was used as a deposit for manure from the stable, & for the purpose of keeping hogs, which was so offensive to the inhabitants residing near the place, as to compel them to complain to the Board of Health: -and being of opinion the public good required that, that piece of land should be taken to widen that part of the street (which was the narrowest part) he had forbid the workmen from proceeding with the fence, until the meeting of the Board - The Board having a knowledge of the situation of the land, and agreeing in opinion with the Chairman, approved of his proceedings, and authorized the Committee of Section No. 2, to whom the Chairman was added, to take the land for the purpose of widening Hawkins street, and to inform Mr. Sullivan that a reasonable compensation would be made there- for .-


[176.] Mr. John Cassell was licensed as an auctioneer, his place of business at No. 3. Boylston Square.


An estimate being laid before the Board of the cost of rese- voirs & drains for conveying the water that runs down Walnut & part of Belknap streets under ground to the Frog Pond .- It was voted that the Chairman be instructed to inform Mr. D. P. Parker that the Board had taken the subject under con- sideration, and being of opinion that the object of carrying the water that comes down those streets under ground to the Frog pond was very desirable, had authorized him to say they would pay on the part of the Town five hundred dollars when the reservoirs and drains were completed to the satis- faction of the Board .-


A complaint from the inhabitants of South Boston against the conduct of the United States troops stationed there was communicated to the Board, whereupon it was voted, that the Chairman be instructed to wait on Gen. Porter with the


95


SELECTMEN'S MINUTES, 1819.


complaint and request the grievance complained of may be immediately attended to, and prevented in future.


[177.] Boston ss. At a Special Meeting of the Selectmen August 21st. 1819 - Present Messrs. Phillips, Oliver, Lovering, Austin, Dorr, Silsby & Shaw.


The Chairman informed the Board he had called them together to consult and determine what measures it was neces- sary to adopt relative to Sumner street (see the report made by the Chairman the 19th. instant) - he now informed the Board the state of the street being such as to make it dangerous to citizens who might be passing through it; - he had deemed it necessary to send the police officer to Mr. Spear with notice of the state of the street, and to inform him he must be answer- able for any damage that might be sustained in consequence thereof .- That the police officer reported, he had performed the duty assigned him and had received from Mr. Spear the answer "that the men who dug up the street had gone con- trary to his directions, and therefore did not consider himself responsible for any damage that might ensue." - The Board after duly considering the subject, voted, that the Chairman be instructed to send for Mr. Whitney, whose men had con- mitted the trespass, and order him to fill up the street imme- diately, or a prosecution would commence against him or them .-


[NOTE. - Pages 178, 179 and 180 are blank in the book.]


[181.] Boston ss. At a meeting of the Selectmen Thurs- day, August 26, 1819; Present the whole Board except Mr. Dorr.


The Chairman informed the Board that Mr. Dorr (of the committee of Section No. 2) previous to his leaving town had reported, that, conformable to the vote of the Board he had informed Mr. Haynes that the Board were willing to allow him $100 as a full compensation for the land taken from him some years since to widen Elm & Brattle streets, which, after Mr. Haynes refused to accept, that he Mr. Dorr informed Mr. Haynes if he would give the names of 6 persons as referees and the Board should approve of three of them he presumed they would consent that those three should decide what sum he should be paid by the town. The Board decided as Mr. Dorr was absent that the subject be deferred until his return.


The Chairman reported that the carpenter previous to pro- ceeding to making the gutters for the Market House had examined the roof of the building, which was found in so bad a state as to require new covering. The Board after making


96


CITY DOCUMENT No. 61.


the enquiries necessary on this subject were of opinion that the roof would answer until another season without subjecting the building to any essential damage, and considering also the cost of a new covering [182.] would be great, for which there was no appropriation, directed the Chairman to suspend any further proceedings on this subject.


The committee appointed to view Hawkins street & deter- mine what portion of the land should be taken from an estate under the agency of Geo. Sullivan Esqr. to widen that street, reported that they had attended to the duty assigned them and marked out the quantity of land that they deem necessary. The Chairman further reported on this subject that he was of opinion civility required Mr. Sullivan should be informed of the doings of the committee and in concurrence with them fix on some mode for ascertaining the compensation to be made by the town; that with this view of the subject he had called on Mr. Sullivan, and to his great surprise was informed by him that notwithstanding he at first consented that the land should be taken, yet he had since had a plan taken of the estate and the streets adjacent and should now withdraw his assent and oppose it as being not necessary for the public convenience and very injurious to the interest of his wards, that if the Board persisted in taking the land, he must insist on being heard on the subject and should oppose it in every stage. The Board after considering the subject were of opinion the land in question tho' it would be a convenience [183.] to the public in widening the entrance to Hawkins street, yet it was not absolutely necessary at present, and therefore instructed the Chairman to inform Mr. Sullivan they had relinquished the design of taking the land.


The committee appointed to advertise that proposals would be received for supplying oil for the town lamps, reported they had performed the duty assigned them.


The Chairman communicated a letter he had this day received from the Honble. Secretary of War of the United States, enclosing a copy of a letter to Lieut. Scallan, which was referred to Mr. Shaw, to consider and report at the next meeting of the Board what part if any, of the correspondence with the Secretary of War respecting the conduct of Lieut. Scallan should be published.




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