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AN 


ANSWER  TO  A  PAMPHLET, 


ENTITLED, 


'  CONSIDERATIONS 


ON    THE    PUBLIC    EXPEDIENCY    OF    A 


f^Tidat 


FROM  ONE  PART  OF  BOSTON  TO  THE  OTHER." 


>::®>::' 


PRINTED  BY  E.  LINCOLN,  WATER  STREET. 


1806. 


ADVERTISEMENT. 

"  NO  apology  "will  be  considered  requisite  for  a  calm 
and  respectful  examination  of"  a  pamphlet,  "  by  those  who 
are  informed,"  that  it  contains  a  series  of  unfounded  state- 
ments, and  that  its  author  has  attempted  to  mislead  the 
public  by  a  suppression  of  material  facts. 

IBlOston,  Jan.  29,  1$06. 


An  answer,  &c. 


1  •  3'«.  •  4 


I 


N  a  pamphlet  recently  issued  from  the  press,  the 
favourers  of  a  Bridge  from  South  Street  to  South  Bos- 
ton, have  ventured  on  a  new  and  bold  attempt  to  deceive 
the  public,  upon  the  merits  of  that  enterprise.  This 
poison  they  ai*e  now  industriously  circulating,  not  only 
among  the  citizens,  but  the  members  of  the  legislature. 
It  is  the  object  of  the  following  attempt,  to  expose  its 
malignant  nature,  and  furnish  an  antidote  to  its  perni- 
cious effects. 

Among  the  various  projects  for  public  improvement, 
or  private  aggrandizement,  for  which  our  country  has 
been  distinguished,  the  erection  of  a  bridge  across 
the  harbour  of  a  great  commercial  town  never  was 
contemplated,  until  the  legislature  were  supplicated  for 
that  purpose  by  William  Tudor  and  Gardiner  Greene. 
In  all  grants  of  bridges  over  navigable  waters, 
heretofore  made,  the  object  has  been,  without  a 
single  exception,  to  facilitate  the  communication 
through  the  State,  upon  the  public  post  roads.  But 
that  the  harbour  of  the  greatest  commercial  town  in 
New  England  should  be  blocked  up,  not  only  for  its  own 
benefit,  but  for  the  general  advancement  of  commerce, 
is  an  absurdity  which  nothing  but  the  blindest  self  in- 
terest could  suggest.  That  such  a  measure  will  involve 
in  it  the  sacrifice  of  immense  private  property,  without 
the  possible  attainment  of  any  public  good  ;  that  it 
would  be  unprecedefitedy  in  this  or  any  other  country  ; 
and  that  the  principles  of  the  constitution  will  warrant 
no  such  measure,  are  facts  which  no  artifice  can  con- 
ceal. It  might  with  equal  propriety  have  been  alleged, 
w^hen  the  harbour  of  Boston  was  heretofore  blocked  up 


by  an  open  and  cruel  enemy,  that  the  measure  was  dic- 
tated by  an  afFectionaxe..regard  to  the  rights  of  the  people. 

Of  all  the  plaiis'cwnich  Have  heietofoi^e-  "  been  mar- 
shalled" in  the  pursuit  of  wealth,  "  none  have  been  so 
distinguished  for  violence  and  perse\^erance,  as  the  pro- 
posal to  build  a  bridge  from  one  pait  of  Boston  to  the 
other."  A  recurrence  to  facts  will  justify  this  retort. 
Indeed,  were  it  not  for  a  few  round  assertions  in  the 
pamphlet  to  which  this  is  intended  as  an  answer,  the  facts 
iand  reasoning  it  contains  would  warrant  an  opinion  thkt 
the  wisest  ''  considerations"  of  its  author  were  against 
the  expediency  of  the  bridge  ;  and  that  there  existed  no 
hope  of  success  but  by  ''  crowding  to  a  bridge  town- 
meeting,"  or  by  employing  his  mercenary  agents  to 
skulk  in  the  '^  chambers  of  the  legislature  to  persecute 
them  into  the"  adoption  of  a  public  evil. 

It  is  a  true  remark,  "  that  there  has  been  no  bridge 
granted  over  a  navigable  stream  by  which  so  few  persons 
will  be  affected."  And  it  is  impossible  to  disguise  the 
reason  of  it.  In  all  other  bridge  corporations,  the  coun- 
try at  large  has  been  affected  ;  its  communications 
facilitated ;  and  the  delays  and  dangers  incident  to  a 
passage  in  boats  over  rapid  and  turbulent  rivers,  anni- 
hilated. But  in  the  present  instance  the  few  persons 
to  be  affected,  are  on  the  one  part,  the  petitioners,  by 
an  immense  accession  of  wealth  ;  and  on  the  other,  the 
inhabitants  of  the  south  end  of  Boston,  by  its  total  sacri- 
fice. Nothing  in  nature  or  truth  can  put  this  question 
in  any  other  point  of  view,  notwithstanding  the  confi- 
dent but  unfounded  assertions  of  the  writer  of  the  pam- 
plilet,  that  the  bridge  is  demanded  by  public  necessity, 
and  that  the  decision  of  every  public  body  on  the 
question  has  been  in  its  favour. 

It  is  advanced  as  a  *' universal  maxim,  that  whenever 
a  public  question  is  proposed,  its  intrinsic  merit  ought 
first  to  be  considered  by  those  whose  province  it  is  to 
decide  upon  its  fate."  If  the  friends  of  this  bridge  had 
adhered  to  this  maxim,  the  subject  would  now  be  at 
rest,  and  the  alarm  and  agitation  which  are  inseparable 
from  its  pursuit,   never  again  revived.      What  was  the 


5 


opinion  of  the  inhabitants  of  Boston  upon  this  "  univei> 
sal  maxim,"  .when  in  full  town  meeting,  a  majority  of 
them,  led  on  by  Mr.  Otis,  and  fascinated  by  his  elo- 
quence,  voted  that  they  ivould  not  refer  the  expediency 
of  this  bridge  to  the  legislature  ?  Who  \^  ere  then 
*'  usurping  the  sovereign  power  of  the  State  "?"  And 
how  dignified  was  the  spectacle,  \\\\^n  three  thousand 
citizens  undertook  to  relieve  the  legislature  from  the 
weight  of  its  cares,  and  to  decide  an  important  public 
question,  in  which  both  the  interest  and  rights  of  indi- 
viduals were  deeply  iuAolved  ?  Although  in  a  more 
temperate  moment,  the  authors  of  this  absurd  vote,  have 
doubtless  become  sensible  of  its  iniquitous  tendency, 
yet  it  is  appai'ent  that  this  and  every  other  measure  of 
the  town,  have  been  instigated  for  the  express  purpose  of 
ififluencwg  the  legislature. 

When  measures  thus  novel  are  resorted  to,  it  is  ab.- 
surd  and  contemptible  for  the  wiiter  of  the  pamphlet  to 
complain  that  - '  a  body  of  repspectable  thou^^  interested 
men,  under  the  cloak  of  an  incorporation,  should  speak 
by  its  members,  its  neighbours,  and  its  lawyers."  It 
might  have  occurred  to  him,  that  this  cloak  was  furnishr 
ed  for  that  ^' respectable  body"  by  the  solemn  stipula- 
tions of  the  party  he  espouses  ;  that  it  was  actually  put 
on  by  the  legislature  of  the  Commonwealth  ;  and  that  if 
it  were  ever  designed  or  used  for  an  improper  purpose, 
both  they  and  the  legislature  must  have  been  parties  to 
the  oflence.  He  will  find,  that  this  corporation,  and 
the  other  inhabitants  of  the  south  end  are  not  3'et 
silenced  ;  but  they  will  speak  for  no  other  purpose 
than  to  state  to  tlieir  fellow^  citizens  the  true  nature  of 
the  attack  which  is  made  upon  their  property  and  privi- 
leges, and  of  unmasking  the  real  designs  of  then'  ene- 
mies. 

An  assertion  is  made  with  as  much  ease  as  if  its  a\i- 
thor  believed  it  to  be  true,  that  the  opposition  to  the 
bridee  "  becomes  hourly  less  formidable  ;  and  that  this 
change  must  be  imputed  to  the  intrinsic  merit  of  the  pro- 
ject." It  is  a  species  of  address  common  among  those 
who  depend  more  upon  intrigue  than  upon  plain  dealing 
for  the  success  of  their  schemes,  to  silence  inquiry  by 


6 


assertions  without  foundation,  and  even  without  varnish; 
Of  this  nature  is  tlie  assertion  above  cited.  The  author 
ktreni)  it  to  be  without  foundation  ;  he  kneiD  that  the  force 
of  the  former  opposition  will  be  augmented  by  argur 
ments  drawn  from  the  most  solemn  stipulations  of  the 
applicants  for  the  bridge,  and  by  the  decisions  of  the 
legislature.  The  remonstrances  of  the  town  of  Roxbu- 
ry,  and  of  nearly  600  freeholders  of  the  town  of  Boston, 
are  the  proofs  of  this  statement ;  both  of  which  are,  or 
will  be,  presented  to  the  legislature.  And  although  it 
may  comport  with  the  policy  of  this  writer  to  declare, 
that  such  is  the  aifection  of  the  children  of  Boston  for  its 
welfare,  that  they  will  sacrifice  ''  at  any  altar  dedicated 
to  the  common  good,  although  it  were  reared  by  profane 
hands y^  yet  decency  might  have  taught  him  to  recollect, 
that  the  end  does  not  always  sanctify  the  means ;  &:  that  he 
is  expressly  forbidden  "  to  do  evil  that  good  may  come." 

''  It  is  assumed  (in  the  pamphlet)  as  a  fact,  that  the  pro- 
posed bridge  will  shorten  the  distance  more  than  half  a 
mile  from  the  centre  of  the  old  town  to  the  shores  of  the 
new  district."  This  is  explicitly  denied.  It  is  not  true  in 
any  sense  of  the  phrase.  It  is  not  true,  if  by  the  centre  of 
the  old  town,  is  meant  either  its  territorial  centre,  or  its 
centre  of  population.  It  is  so  far  from  being  true  in  any 
reasonable  sense,  that  it  is  here  assumed  as  a  fact, 
capable  of  complete  demonstration^  that  the  public  at  large 
are  twii;  better  accommodated  by  the  present  bridge  from 
Smith  Boston,  than  they  possibly  can  be  by  a  bridge  in 
any  other  direction  from  that  peninsula,. 

If  the  gentlemen  of  Nook  Hill  are  nettled  at  this  decla- 
ration, the  first  thing  they  are  desired  to  recollect  is, 
that  there  are  a  few  persons  in  the  world  beside  them- 
selves, whom  the  legislature  will  consider  as  proper  ob- 
jects of  their  care  and  protection.  If  the  accommoda- 
tion is  to  be  furnished  for  our  countrv  brethren,  the  ob- 
ject  must  be  to  lessen  the  distance  in  their  travel,  and 
in  the  transportation  of  their  produce  to  such  parts  of  the 
town,  as  they  will  naturally  be  led  to,  by  their  connex- 
ions and  business.  Probably  one  in  ten  of  these  might 
wish  to  enter  the  town  by  a  bridge  to  South  Street ;  but 


tbe  other  nine  would  prefer  to  enter  it  at  the  junction  of 
the  present  bridge  ;  in  which  case  the  whole  town,  from 
that  junction  to  Market  Square,  become  their  customers 
in  the  disposal  of  their  produce.  The  whole  town 
should  be  taken  into  view,  and  that  point  fixed  on,  at 
and  from  which  a  person  could  go  to  any  and  every  oth- 
er part  of  the  town  by  a  distance,  shorter  than  from  any 
other  point.  This  point  is  now  accurately  ascertained. 
From  the  intersection  of  the  turnpike  and  present  bridge 
at  South  Boston  to  this  central  point  is  273  rods.  From 
said  intersection  over  proposed  bridge  by  the  shortest 
rout  to  this  central  point  is  385  rods,  making  a  differ- 
ence of  1 12  rods  in  favour  of  the  present  bridge. 

The  pretended  accommodation  of  the  public,  is  now  to 
be  considered  in  another  view.  Bv  the  establishment  of 
the  proposed  bridge,  all  convenient  access  to  a  full  third 
part  of  the  sea  front  of  the  town,  &  also  to  an  equal  por- 
tion of  its  wharves  and  quays,  w<xild  be  cut  off.  It  is  a  fact, 
the  evidence  of  which  is  \\  ithin  the  reach  of  all  persons 
disposed  to  examine  it,  that  since  the  1st  day  of  March 
last,  more  than  1800  vessels  have  passed  up  to  these 
wharves  with  their  cargoes.  This  right  of  access,  is, 
at  present,  common  to  all  the  citizens  of  the  United 
States,  and  to  the  people  of  all  foreign  countries  with 
whom  we  have  commercial  intercourse.  Before  a 
grant  for  this  bridge  be  made  for  the  public  accommo- 
dation, it  should  be  asked,  can  the  property  which  will 
be  brought  into  town  by  that  avenue,  be  equal  to  the 
property  which  now  is,  or  hereafter  will  be,  brought  to 
the  south  end,  by  water  ?  The  answer  must  be  that  it 
cannot.  How  then  are  the  public  to  be  accommodated? 
Is  it  not  evident  that  such  an  obstruction  would  be 
greatly  detrimaital  ?  and  does  not  this  solution  of  the 
question  remove  all  doubt  upon  tlie  subject  of  public 
accommodation  ? 

It  is  further  alleged,  that  by  stinting  Boston  within 
her  ancient  limits,  the  surplus  of  our  commercial  capi- 
tals \\'ould  find  their  way  to  the  greater  markets  of  the 
Southern  States,  *' through  want  of  accommodation  at 
home,  to  the  detriment  of  the  whole  Commonwealth.*' 


8 


The  cream  of  this  argument  is,  that  Boston  is  now 
stinted  within  her  ancient  limits  to  the  detriment  of  th« 
whole  Commonwealth.  But  the  answer  is,  that  its  au- 
thor in  the  very  next  sentence  has  told  us,  that  this  sub- 
ject is  ''  now  at  rest ;"  because  the  town  of  Boston  is 
enlarged  by  the  addition  of  600  acres  of  land.  Thfe 
town  then  is  not  stinted  \a  ithin  her  ancient  limits  ;  be- 
cause 600  acres  of  land  have  been  "  united  by  the  right 
hand  of  fellowship  with  the  opposite  shores."  Thus 
our  surplus  capitals  will  ne^^er  find  their  w^ay  to  the 
southern  markets,  for  nvant  of  accommodation. 

But  it  is  no  part  of  the  policy  of  the  State,  to  aid  the 
collections  of  wealth  into  a  particular  spot ;  it  is  rather, 
that  it  should  be  diHlised  for  the  purposes  of  a  general 
participation.  Were  it  all  accumulated  in  one  great  city, 
WQ  might  there  have  the  w^ealth  of  Tyre  and  Sidon,  but 
it  would  engender  the  vices  and  corruptions  of  Sodom 
and  Gomorrah.  The  same  policy  is  riiore  strictly  ap- 
plicable to  our  civil  institutions.  So  long  as  our  happy 
form  of  government  exists,  its  principles  can  only  be 
disseminated  in  small  assemblies,  w^here  they  can  be 
temperately  enforced  and  understood.  Such  was  the 
policy  of  our  ancestors  in  the  establishment  of  these  in- 
stitutions ;  and  they  ha\'e,  for  this  reason,  become  the 
parents  of  all  our  intelligence  and  consequent  happiness 
as  a  people. 

A  stranger  to  the  leaders  of  the  South  Boston  specu- 
lation will  scarcelv  credit  his  senses,  w-hen  he  reads  in 
their  pamphlet,  that  the  legislature,  by  sanctioning  the 
annexation  of  Dorchester  Neck  have  pledged  themselves 
^'' to  encourage  its  settlement^  as  a  part  of  the  capital.''^ 
Here  is  a  direct  appeal  to  the  patronage,  if  not  to  the 
treasury  of  the  Commonwealth.  It  is  saying  to  the  le- 
gislature, '*  You  ha^'^e  adopted  this  unfortunate  child  of 
ours,  and  you  must  now  comply  with  all  our  visionary 
schemes  for  its  support  and  aggrandizement."  h\  truth 
they  ought  to  be  cautious  how  they  gratify  them  ;  for 
there  appears  to  be  no  limits  to  their  extravagant  claims 
h.  expectations.  They  seem  to  calculate  that  every  branch 
of  government  and  every  class  of  people,  are  to  be  in  flu- 


cnced  by  tlieir  delirious  dreams.  The  annexation  of 
a  tract  of  land  from  one  town  to  another  is  the  occur- 
rence of  almost  every  week  ;  but  it  ^vas  never  before 
considered  as  an  object  in  the  smallest  degree  affecting 
the  public.  A  man  whose  farm  has  been  thus  set  off 
may  now  adopt  the  reasoning  of  the  pamphlet,  and  say 
to  the  government,  your  sanction  to  my  annexation  ^'  can 
never  be  restricted  to  the  mere  extension  of  the  limits 
of  the  town  to  which  I  am  annexed ;  it  was  your  evi- 
dent intention  to  encourage  me  in  my  settlement ;  that 
is  the  only  inteiition  that  can  honourably  be  imputed  to 
you,  whatever  was  the  intention  of  the  parties  immedi- 
ately concerned  in  effecting  the  union,  and  %vhatei)er 
ivere  the  means  by  ivhich  it  ivas  accomplished.''^  Before 
the  government  extend  this  sort  of  ''encouragement"  to 
the  visionaries  of  JVook  Hill,  they  ought  to  do  two 
things  ;  1st,  ascertain  to  a  moral  certainty  their  names 
and  associates,  that  there  may  be  no  more  deception 
w  ith  respect  to  a  compromise.  2d,  Obtain  an  explicit 
statement  of  the  nature  of  the  patronage  and  *'  encou- 
ragement" they  are  to  afford  tliem.  For  they  may  adopt 
it  as  a  certain  rule,  that  when  they  give  them  an  inch, 
they  A\-iil  demand  a  mile ;  that  if  they  grant  them  a  bridge, 
they  will  ask  for  a  solid  road  across  the  harbour.  A 
new  edition  will  then  be  furnished  of  the  *'  little  code  of 
principles,  which  these  gentlemen  carry  in  their  wallets," 
to  prove  that  such  was  the  ''encouragement"  which  the 
government  had  pledged  them ;  and  when  explained  by 
their  compiler,  it  would  appear  to  be  of  this  effect; — 
Boston  is  now  stinted  within  her  ancient  limits,  because 
600  acres  of  land  have  been  added  to  it ; — the  com- 
merce of  the  town  must  be  encouraged,  by  closing  up 
one  third  of  the  harbour ;  the  health  of  the  town  must 
be  secured,  by  stopping  the  flowing  of  the  tide,  and  pro- 
viding a  reservoir  for  stagnant  waters ; — and  the  privi- 
leges and  property  of  our  south  end  brethren  improved 
and  protected,  by  prohibiting  all  access  to  their  estates. 
They  might,  and  doubtless  would  carry  their  views  still 
further,  and  tell  the  government,  that  the  want  of  a  solid 
road  across  the  hai'bour  "  is  the  obstacle  to  the  effectu- 
al success  of  its  good  intentions,  Vvhich  it  is  competent 

B 


10 


to  remove  ;  and  that  their  favourite  portion  of  the  to^ii 
languishes  under  this  obstacle,  ^' that  notwithstanding 
one  bridge  has  been  built  upon  the  terms  which  they  ex- 
plicitly agreed  to,"  by  which  the  two  districts  have  been 
united  in  one,  they  would  boldly  say  to  the  legislature, 
unless  you  give  us  this  road  your  "  system  must  be  mon- 
strous y  and  unworthy  the  patronage  of  any  government  \ 
you  have  left  us  in  a  mongrel  state,  neither  town  nor 
country."  * 

It  is  further  stated  in  the  pamphlet,  that  the  price  of 
land  in  the  old  town  is  so  high  as  to  amount  to  *'  a  pro- 
hibition of  public  buildings,  shipyards,"  &:c.  The  first  an- 
swer to  this  is.  Go  over  to  the  new  town  for  these  purposes. 
But  there  is  no  foundation  for  the  above  assertion. 
There  are  no  public  buildings  now  required  or  contem- 
plated, excepting  a  court-house,  and  a  meeting-house  at 
West  Boston.  Ks  to  the  latter  the  people  of  that  society 
want  no  accommodation  ;  for  their  materials  are  now  col- 
lecting for  a  new  meeting-house,  upon  tlie  spot  where 
the  old  one  stands.  And  with  respect  to  a  court-house, 
there  are  so  many  scites  for  its  accommodation  that  the 
Fathers  of  the  county  are  at  a  loss  which  of  them  to  se- 
lect. Thus  vanislies  the  assertion  relative  to  public  build- 
ings*  In  fact  there  are  so  many  eligible  scites  for  such 
buildings,  were  they  required,  that  even  the  female  asy- 
lum might  have  been  accommodated  in  old  Boston,  had 
not  the  benevolence  of  these  gentlemen  suggested  that 
NOOK  HILL  was  thtmoYt  appropriate positio?7. 
The  absurdit}'  of  requiring  a  bridge  for  the  accommoda- 
tion of  shipyards  at  South  Boston,  is  apparent.  A  man, 
conversant  with  the  common  concerns  of  life,  must  laugh 
at  the  idea  of  transporting  the  materials  of  a  ship  to  that 
place,  otherwise  than  by  water  communication,  unless 
procured  from  the  adjacent  country.  A  bridge  would 
evidently  be  useless  for  this  purpose,  as  well  as  for  every 
other  pertaining  to  shipbuilding,  unless  it  might  be  con- 
sidered a  more  safe  calculation  to  bring  them  to  town 
over  the  bridge,  than  to  launch  them  into  the  region  of 
flats  which  surround  this  celebrated  promontory. 

The  authority  attached  to  the  decision  of  ''  public  bod- 
ies" upon  the  question  of  abridge  will  be  now  examined. 


*i.*^.i'» 


ft'is^ stated  without  equivocation,  arid  probably  witlipi2 
ablush,  "  that  the  decision  of  every  public  body  on  the 
question  of  a  scite  for  the  bridge  to  South  Boston,  has 
been  in  favour  of  South  Street ;  tliat  these  public  bodies 
possess  the  best  means  of  forming  a  judgment,  and  are 
not  influenced  by  the  expectation  of  private  advantage" !  !l 
Boston,  Dorchester,  Roxbury,  and  the  report  of  a  com^ 
mittee  of  the  General  Court,  are  quoted  for  the  truth  of 
these  assertions.  Were  they  true,  the  party  interested  in 
opposing  the  bridge,  might  well  tremble  at  their  impend^ 
ing  danger* 

If  they  turn  out  to  be  not  only  essentially  but  ridicuf- 
lously  false ^  they  will  stand  as  monuments  boti^.  9f  the 
folly  and  depravity  of  their  author.  •    '  ..  ^  /  * 

In  the  winter  of  1804,  the  projectors  of  this  bridge 
made  their  first  appeal  to  the  people  of  Boston,  Before 
this  *^  public  body,"  in  one  of  their  most  numerous  as^ 
semblies,  the  parties  appeai^ed.  On  the  part  of  the  peti- 
tioners for  the  bridge,  every  art  and  allurement  ivas  dis^ 
played,  which  could  result  from  the  combined  efforts  of 
eloquence  and  intrigue.  On  this  side  were  witnessed 
the  cruel  and  meretricious  triumphs  of  wealth,  oratdi^'; 
power,  pomp  and  popularity.  On  the  other,  was  faint; 
ly  heard,  the  still  small  voice  of  reason  and  just  comi 
plaint-  The  result  was  differently  anticipated  by  men 
of  candour,  and  the  men  of  the  world..  It  was,  howev. 
€r,'s6on  ascertained  that  no  correct  decision  was  to  b^ 
expected  from  this  tribunal.;  and  the  disinterested  ani 
impartial  spectators  fled  from  the  scene,  as  .froni  .th$ 
*'  reign  of  Chaps  and  old  night."   f^f,      "'  ^',7,;   <  f  "m 

Upon  the  closing  of  tiiis  scene,  io'nonoitraBleio'-K.^ef 
liber athe  ''  pubhcbody,"  other  rneahs  tq  influence  thenji 
were  attempted.  An  oflTer  was  publicly  made  diemi  of 
a  property  m  one  half  the  bridge^  a.s  the  price  ojt 
THEIR  VOTE.  Thc  subjcct  was  theVeupon  committed  to 
'24  gentlemen,  selected  from  the  difierent  ward3v  in 
the  town.  Their  report  was  "made,  and  may  be  found 
in  the  appendix  to  this,  though  it  was  suppressed  in  the 
other  pamphlet.'^     When  this  report  was  afterwards 

*  See  Appendix,  No.  I . 


12 


discussed,  it  appeared  that  the  tentis  of  it  were  not 
Agreeable  to  the  petitioners.  A  debate  ensued  ;  another 
scene  of  confusion  exhibited ;  and  ultimately  an  offer  in 
cash  of  25,000  dollars  was  made  to  the  town,  as  a  com- 
mutation for  half  the  bridge.  By  adverting  to  the  re- 
port of  the  town's  committee,  and  the  offers  of  the 
bridge  projectors,  the  case  will  appear  to  stand  thus. 
The  town  say,  *^  We  will  not  vote  for  your  bridge  unless 
you  give  us  the  right  to  lay  out  such  streets,  public 
squares,  and  mai^ket  places  as  we  judge  necessary, 
ivithout  any  compensation  for  the  land  so  appropriated. 
We  will  have  two  burial  grounds,  two  school  house 
lots,  and  two  lots  for  houses  of  public  worship,  ^without 
any  payment  therefor.  And  in  lieu  of  the  offer  pf  one 
half  the  proposed  bridge,  there  shall  be  set  off  by  a  joint 
committee  of  the  proprietors  on  the  one  part,  and  of  the 
town  on  tlie  other,  upon  the  land  to  be  annexed,  in  four 
different  parts  of  the  same,  one  tenth  of  all  the  land 
thereon,  not  used  or  set  apart  for  public  purposes,  which 
shall  be  held  at  the  disposal  of  the  town  of  Boston." 
To  these  demands  (which  the  proprietors  did  not  esteem 
perfectly  modest)  they  answered ;  *'  No ;  we  will  not  give 
you  this  price  for  your  vote  ;"  but  we  will  pledge  our- 
selves to  the  tov/n  to  pay  them  25,000  dollars  in  cash, 
or  give  you  half  the  bridge  ;  and  also  the  streets  and  lots 
for  public  accommodation  as  before  proposed,  and  refer 
to  the  legislature  the  terms  and  conditions  upon  which 
the  bridge  shall  be  erected. 

The  world  may  now  estimate  the  value,  which  ought 
to  be  attached  to  the  decision  of  the  town  of  Boston,  as  a 
*' public  body,"  uninfluenced  by  the  expectation  of  pri- 
vate advantage.  The  right  to  animadvert  upon  the  con- 
duct of  a  public  body,  cannot  be  restricted,  especially  to 
those  who  ai-e  attempted  to  be  made  its  victims.  Facts 
must  be  adhered  to  ;  one  of  which  is,  that  the  price  of  a 
vote  of  the  to^vn  upon  the  question  of  a  bridge,  has  be- 
come a  matter  of  record.  The  value  of  the  property  actu- 
ally demanded  for  it  is  more  than  S  100,000.  The  val- 
ue of  what  was  actually  offered^  somewhat  less.  But  it  is 
not  susceptible  of  denial,  that  their  votes  and  decisions 


13 


Upon  this  question  have  been  the  subject  of  bargaijiand 
sale;  and  that  if  an  individual  *' juror,  judgt^  or  chan- 
cellor" should  be  influenced  by  similar  moti^es,  it 
■would  stamp  his  chai'acter  with  indelible  infamy. 
.  Thus  it  appears,  that  the  town,  as  a  ^'pubUc  body," 
have  been  influenced  in  their  decisions,  ''  by  the  expec- 
tation of  private  advantage,"  and  have  even  calcu- 
lated upon  it  as  the  mean  and  source  of  wealth  and 
pleasure. 

But  to  relinquish  this  view  of  their  proceedings, 
there  is  another  in  \^  hich  it  is  most  important  to  con- 
sider them.  The  question  between  the  parties  in  this 
controversy,  is  in  its  nature  a  question  &f  property  and 
right.  There  is  no  public  body  existing,  competent  to 
the  decision  of  this  question,  which  is  not  either  judicial 
or  legislative.  To  these  alone  ha\"e  the  opposers  of  the 
bridge  been  ardently  desirous  of  submitting.  Why 
then  have  the  leaders  of  the  South  Street  bridge  project 
feared  a  direct  and  manly  appeal  to  the  legitimate  tribu- 
nals of  public  justice  ?  Why  do  such  men  demean  them- 
selves by  playing  the  demagogue  ?  Why  do  they  enlist 
the  populace  as  the  instruments  of  their  pleasure,  and  then 
quote  their  decisions,  as  the  rule  of  right,  and  the  stand- 
ard of  other  mens'  judgments?  Independent  of  the 
shameless  nature  of  the  experiment,  these  gentlemen  may 
hereafter  find  it  a  dangerous  one.  No  other  association 
in  Boston  would  have  dared  to  hazard,  or  stooped  to  em- 
ploy it.  The  language  is  plainly  this;  '^  We  have  but 
little  confidence  in  the  merits  or  success  of  our  enterprize  ; 
we  will  therefore  have  an  assembly  of  the  people  ;  we 
will  first  harangue  them,  then  dazzle  them  with  painted 
and  delusive  prospects  of  wealth  and  pleasure ;  if  these 
do  not  succeed,  we  will  purchase  their  influence,  and  pay 
them  in  land,  money  or  bridges,  as  may  best  comport 
with  their  vanity  or  avarice. 

Applications  for  two  other  bridges  from  Boston  are 
now  pending;  either  of  which  will  furnish  not  only 
a  ncAv  a\-enue  to  the  town,  but  open  a  communication  with 
our  northern  and  western  interior,  doubl}^  important  unci 


14 


ekfensive  fo  that  of  South  Street.*  Why  is  there  nd 
appeal  to  a  Boston  town-meeting  in  these  cases  ?  Evi- 
dently for  two  reasons ;  1st,  because  the  gentlemen  of 
Nook  Hill  are  either  opposed  to,  or  have  no  interest  in 
them ;  and  2d,  because  the  ^petitioners  for  these  bridges 
are  no  demagogues.  Engage  the  Nook  Hill  gentlemen 
in  these  projects-;  give  them- reasonable  hopes  of  another 
harvest,  and  the  people  of  Boston- will  again  be  set  in  mo  J 
tion ;  another  scene  of  riot  and  chaos  exhibited :  and 
the  Syren's  tongue,  and  the  serpent's- charni  again  em- 
ployed to  please  and  deceive  them.  ' 

It  is  true  that  4he  town  of  Dorchester  has  decided  in 
favour  of  South  Street  bridge  ;  it  is  also  true,  diat  ail 
attempt  was  made  to  purchase  its  opinions  by  the  offer  of 
money.  What  other  modes  of  coiTuption  were  practis- 
ed, we  know  not ;  but  we  do  know,  that  they  were  all 
rejected  -with  disdain.  These  facts  ought  to  be  made 
public  ;  because  at  the  same  time  that  they  justify  the 
conduct  of  Dorchester,  as  fair  and  honourable,  they  dis- 
close the  scandalous  means  by  which  her  seduction  has 
been  attempted.  In  short,  such  is  \ht  furor  with  which 
some  of  the  friends  of  the  bridge  seem  to  have  been 
seized,  that  they  are  rendered  insensible  to  the  vile  de- 
baucheries, which  they  are  the  means  of  propagating. 

The  town  of  Roxbury  uniformly  has  been,  and  still 
is  opposed  to  the  bridge.  It  has  recently  voted  against 
it,  and  elected  its  agents  to  enforce  their  opposition  be- 
fore the  legislature;  The  statement,  therefore,  respects 
ing  this  '*  public  body"  is  groundless. 

The  last  arid  greatest  falsehood  respecting  the  uniform 
decision  of  "  public  bodies'  *  wilf  how  be  stated.  Mo- 
ses Everett  and  others  presented .  their  ■  petition  for  this 
bridge  at  the  May  Session  of  the  General  Court,  A.D. 
1804.  Notice  was  thereupon  •  ordered  ;  remonstrances 
from  the  people  of  the  south"  end  and  the  Front  Street 
Corporation  were  regularly  made  ;  the  subject  was  com- 

*  No  opinion,  as  to  the  necessity  or  utility  of  these  bridges,  is 
intended  here  to  be  given.  The  object  of  introducing  them  will 
be  readily  seen  ;  viz.  to  show  the  difference  of  the  conduct  of 
their  promoters  and  the  promoters  of  the  South  Street  Bridge 
project. 


15 


mitted  to  a  most  respectable  committee  of  both  Houses  ; 
the  parties  heard,  and  the  prayer  of  the  petition  ima?i' 
imously  rejected  by  that  committee.  Their  report  was 
made  at  the  close  of  the  session  and  accepted  by  the 
Senate,  and  was  referred  in  the  House  to  the  next, 
w^hich  was  the  last  winter  session.  It  was  then  taken 
up,  debated,  and  the  Hon.  House  concurred  with  the 
Senate,  and  thus  the  report  Mas  accepted  by  both 
branches  of  the  legislature.*  No  longer  ago  than  the 
last  session,  the  very  petition  \^hich  is  now  before  the 
legislature,  was  presented ;  and  such  was  the  disgust 
and  indignation  at  the  repeated  and  persecuting  attempts 
to  w^eai'  out  its  patience,  that  coen  the  ceremony  of  a  com-- 
mitment  ivas  refused.  It  was  afterwai*ds  resuscitated,  at 
the  request  of  the  member  from  Dorchester,  upon  the 
ground  of  his  absence  at  the  time  of  the  discussion. 
From  the  decisions  of  this  ''  public  body"  there  was  no 
appeal ;  "  they  possessed  the  best  means  of  forming  a 
judgment,  and  they  ^ere  not  influenced  in  their  decis- 
ion by  the  expectation  of  private  advantage."  The 
statement  in  the  pamphlet  thus  turns  out  to  be 
so  false  as  to  defy  all  comment.  It  will  therefore  on- 
ly be  followed  by  an  assertion  undeniably  true,  that  ev^ 
ery  public  body  of  which  we  ha^ce  heard  (Boston  and  Dor  - 
Chester  excepted)  ha^e  decided  against  a  bridge  at  South 
Street^  since  the  incorporation  of  the  present  bridge  from 
South  Boston  and  Front  Street. 

The  material  facts  and  observations  which  w^ere  made 
the  basis  of  five  pompous  positions  in  the  pamphlet,  are 
now  replied  to.  Unsupported  by  fact  or  argument, 
they  vanish  "  like  the  morning  cloud,"  and  pass  away. 
The  town  and  Commonwealth  must  doubtless  perish 
with  them ;  for  according  to  the  logic  of  the  pamphlet, 
the  establishment  of  a  bridge  from  South  Street  is  the 
only  mode  by  which  "vve  can  * '  preserve  our  health,  or 
keep  our  riches  within  the  State." 

In  considering  the  objections  to  the  bridge,  the  writer 
of  the  pamphlet  alleges,  that  the  citizens  of  the  south 
quarter  of  the  town  constitute  a  great  **  clan  or  family, 
coming  mostly  from  the  country,  of  the  same  habits 


16 


and  opinions,  and  liable  to  common,  and  consequently 
to  erroneous  impulses  ;"  the  meaning  of  which  is  evi- 
dently this ;  a  clan  of  countrymen  form  similar  habits 
and  opinions,  and  are  therefore  liable  to  common  and 
erroneous  impulses.  Perhaps  a  more  unfortunate  senti- 
ment \vas  never  engendered  by  the  struggles  of  avarice 
and  ambition.  The  author,  it  may  be  readily  seen,  is  a 
toiim  born  child  ;  but  no  liberal  man  of  any  party  or  in- 
terest, M  ill  thank  him  for  this  contemptible  sneer  upon 
a  numerous  and  respectable  class  of  citizens.  The  in- 
sincere compliment  conferred  upon  them  in  a  preceding 
sentence,  is  no  apology  for  this  language.  It  is,  howev- 
er, a  subject  of  rejoicing  to  this  "  clan,"  that  their  cause 
is  ultimately  to  be  decided  by  men,  "coming  mostly 
from  the  country  ;"  who  can  have  no  interest  but  to  pro- 
mote the  public  good,  and  who  will  despise  the  insinua- 
tion that  a  man  is  liable  to  erroneous  impulses,  because 
he  comes  from  the  country  ;  that  he  is  chargeable  with 
inordinate  attachments  to  his  interest,  and  a  deficiency 
in  public  spirit,  because  he  comes  from  the  country  ; 
and  that  he  is  for  that  reason  bound  to  lay  the  fruits  of 
an  industrious  life  at  the  feet  of  speculating  pride,  or 
hereditary  wealth. 

It  is  further  affirmed  in  the  pamphlet,  "that  the  only 
real,  interested  opposition,  is  the  Front  Street  corpora- 
tion, or  less  than  30  individuals."  In  its  subsequent 
pages,  it  is  admitted,  that  the  Front  Street  whar^'cs 
must  forever  remain  the  principal  mart  for  wood  and 
lumber;"  and  that  if  the  charges  upon  these  articles 
should  be  enhanced  by  the  impediment  of  a  bridge,  they 
must  be  paid  by  the  customer,  "  as  mere  duties." 

From  this  abstract  of  the  statement,  the  following  po- 
sitions necessarily  result.  1st,  The  only  intei'ested  op- 
position is  from  the  Front  Street  corporation  ;  2d,  the 
price  of  lumber  and  wood  may  be  enhanced  by  a  bridge  ; 
and  3d,  the  additional  expense  \ipon  these  articles,  oc- 
casioned by  a  biidge,  must  be  paid  by  the  consumer. 
It  is  melancholy  to  contemplate-  the  absurdities  into 
which  men  of  talents  frequently  plunge  themselves.  If 
the  Front  Street  u  harves  must  continue  to  be  the  prin- 


17 


cipal  mart  for  lumber  and  wood,  and  the  price  of  these 
articles  will  be  enhanced  by  a  bridgb,  it  undeniably  fol- 
lows, that  every  man  in  Boston,  rich  or  poor,  must  be 
interested  in  opposing  the  bridge,  in  the  exact  propor- 
tion as  the  bridge  increases  the  price  of  these  articles. 
Let  us  look  for  a  moment  at  the  state  of  things  which 
these  facts  present.  A  few  powerful  individuals,  roll- 
ing in  wedth  and  swimming  in  luxury,  demand  the 
privikge  of  obstructing  the  passage  to  that  quarter  of 
the  town  ''  which  must  forever  remain  the  principal 
mart  for  wood  and  lumber."  The  commerce  of  the 
town  is  materially  injured  by  this  obstruction  ;  but 
the  private  fortunes  of  these  individuals  are  thereby  aug- 
mented to  an  immeasurable  height ;  the  article  of  wood 
is  necessar}'^  for  the  upholding  of  life  ;  and  without  lum- 
ber, many  of  the  inhabitants  of  the  town  can  only  be 
covered  by  the  canopy  of  heaven  ;  the  price  of  these  ar- 
ticles of  necessary  consumption  is  to  be  greatly  en- 
hanced, but  the  evil  must  be  submitted  to,  by  the  poor 
as  well  as  the  rich  ;  and  the  enhanced  price  of  these  ar- 
ticles paid  by  way  of  duties,  for  the  gratification  and  ag- 
grandizement of  these  powerful  individuals  !  The  Nook 
Hill  gentlemen  have  the  citizens  of  Boston  under  excel- 
lent discipline,  if  they  can  bring  them  to  this  submission  ; 
to  obstruct  the  navigation,  and  impose  a  duty  on  the 
necessaries  of  life.  But  it  may  be  some  satisfaction  to 
the  poor  inhabitants  to  learn,  that  the  '^  duty  upon  the 
article  of  wood  will  never  exceed  50  cents,  nor  be  less 
than  30  cents  per  cord." 

Two  other  assertions  are  made  with  unblushing  con- 
fidence ;  that  "  bridges  in  no  instance  have  been  greatly 
detrimental  to  estates  situated  above  them,"  and  that 
this  bridge  ''  would  aid  instead  of  impeding  the  naviga- 
tion." A  single  fact  shall  suffice  for  the  first.  The 
wharves  above  Charles  River  bridge  in  Charlestown, 
which  before  the  erection  of  that  bridge  were  the  most 
valuable  of  any  in  that  town,  are  now  partly  covered 
with  stables  and  partly  v/ith  grass.  With  respect  to  the 
latter  assertion,  an  appeal  is  also  made  to  facts.  If  a 
bridge   be  extended  from  South  Street,  its  direction 

C 


18 


must  be  oblique  to  the  course  of  the  channel,  and  run  a 
long  distance  in  it.  At  the  season  of  the  year  \^iien 
vessels  most  frequently  visit  the  south  hai'bour,  the 
southerly  and  westerly  winds  prevail.  A  loaded  vessel, 
therefore,  must  either  beat  through  the  bridge,  against 
the  Vvind,  or  abandon  all  attempts  to  reach  the  wharves 
above.  The  consequence  is  self  evident.  But  with- 
out recurring  to  these  facts ^  the  proceedings  of  Bos- 
ton and  of  the  legislature  have  recognized  these  impedi- 
ments. 

We  pass  now  to  an  examination  of  the  most  impor- 
tant, if  not  the  only  branch  of  the  subject  which  deserves 
particular  consideration. 

On  the  18th  of  February,  1804,  a  Compromise  was 
effected  between  all  parties  concerned,  as  well  those  in  fa- 
vour as  those  opposed  to  the  proposed  bridge  ;t  and  by  this 
Compromise  the  interests  of  the fniblic  'were  Jiot  compro- 
mitted  ;  had  they  been,  it  would  not  hai}e  been  sanctioned 
by  the  legislature.  No  apology  will  now  be  offered, 
either  for  telling  the  whole  truth,  or  calling  things  by 
their  proper  names. 

This  compromise  was  originally  sought  by  the  gen- 
tlemen of  Nook  Hill.  It  was  readily  listened  to  by  the 
opponents  of  the  bridge,  who  asked  and  wished  for 
nothing  but  the  peaceable  enjoyment  of  their  property, 
and  to  satisfy  all  claims  of  the  public  sentiment.  They 
saw,  in  this  compromise,  not  only  the  prospect  of  such 
enjoyment  and  satisfaction,  but  the  termination  of  the 
controversy.  How  cruelly  they  have  been  deceived  and 
disappointed  will  appear,  by  shewing, 

1st,  That  the  petitioners  for  the  bridge,  and  the  pe- 
titioners for  the  annexation  of  Dorchester  Neck,  were 
all  of  them  the  real  associates  of  Messrs.  Mason  and 
Otis,  and  therefore  bound  by  their  compromise, 

2d,  That  the  stipulations  of  that  compromise  have 
been  most  perfidiously  violated.     It  will  then  be  shewn, 

3d,  That  in  pursuance  of  this  compromise  the< 
faith  of  the  legislature  has  been  pledged,  that  no  chaiter 
for  another  bridge  shall  now  be  granted. 

\  See  Appendix,  No.  2  and  3, 


19 


It  should  be   first  remarked,  that  notwithstanding* 
Messrs.  Mason  and  Otis  were  the  prominent  leaders  of 
tlie  bridge  party  in  the  legislature,  in  the  town- meetings, 
and  upon  the  exchange,  their  names  do  not  appear  upon: 
a  single  document,  public  or  private,  except  the  instru^^ 
ment  which  led  to  the  compromise.     After  their  sucf. 
ceeding  conduct,  is  it  an  uncharitable  presumption  that 
they  were  thus  keptin  reserve  for  the  purposes  of  intriguef 
Such  a  presumption  is  strengthened  by  a  remarkable  cir-" 
cumstance.  When  Mr.  Brown  and  the  other  members  of 
the  south  end  committee  met  these  gentlemen  on  the  sub- 
ject of  a  compromise,  the  south  end  committee  had  their 
own  credentials  in  their  hands.  It  is  an  idle  pretence,  there- 
fore, that  Messrs.  Mason  and  Otis  ^*  did  not  know  the  con- 
tracting  parties  upon  the  other  side."     They  did  explic- 
itly declai'e  themselves  satisfied  with  the  powers  and  cre- 
dentials of  the  committee.     They  were  then  requested 
to  exhibit  their  credentials ;  but  they  answered  they  had 
no  ivritteii  credentials  from  their  associates,  but  would 
obtain  them  if  required  ;  but  they  pledged  their  sacred 
honours  they  were  fully  authorised  by  their  associates.  A 
suggestion  was  made  that  the  conference  should  cease, 
until  those  gentlemen  obtained  written  credentials.— 
They  said,  they  did  not  even  wish  possession  of  the 
committee's  credentials,  and  observed,  that  notwithstand- 
ing their  interests  and  the  interests  of  the  committee  had 
greatly  militated,  they  hoped  the  committee  had  not  seen 
any  thing  in  them  during  the  controversy,  which  would 
justify  it  in  withdrawing  all  confidence  in  their  honour. 

This  studied  concealment  of  their  powers  and  party,  and 
their  endeavours  to  inspire  the  committee  with  a  con- 
fidence in  their  honour,  would  have  excited  no  suspic- 
ion, had  not  their  subsequent  conduct,  and  the  exposition 
of  it  in  the  pamphlet,  stamped  their  whole  proceedings  with 
the  marks  of  artifice  and  intrigue.  Fortunately,  it  is  not 
necessary  to  resort  to  an  equitable  or  honourable  construc- 
tion of  their  agreement,  to  prove  the  point  in  question. 
For  it  shall  appear  from  the  words  of  the  agreement  itself. 
This  contract"^  w^as  executed  between  Jonathan  Ma- 
son and  H.  G.  Otis,  on  behalf  of  themselves  and  associ^ 

f  See  App.  No.  2, 


20 


ates,  of  the  first  part ;  and  William  Brown  and  the  oth- 
er gentlemen  of  the  committee,  on  the  second  part.  In 
the  preamble  of  this  argreement,  it  is  recited,  *'that  the 
parties  of  the  first  part  contemplate  and  intend  to  attempt 
to  procure  from  the  legislature  of  Massachusetts,  an  act 
of  incorporation,  authorizing  them  to  erect  a  bridge  from 
the  town  of  Boston's  landing,  so  called,  in  Orange  Street, 
in  said  Boston,  or  from  some  place  southerly  thereof,  to 
Dorchester  point ;  and  also  to  procure,  if  practicable,  an 
annexation  of  said  point  to  the  town  of  Boston."  Now 
it  is  certain  that  the  first  party  to  this  contract  are  those 
luho  contemplated  and  intended  to  procure  an  act  of  incor- 
poration  to  erect  the  bridge;  and  also  those ^  voho  intended 
to  procure  the  annexation  of  the  point  to  the  town  of  Bos^ 
ton  ;  it  is  so  expressly  recited  in  the  contract.  Who 
then  are  the  persons  thus  described?  It  will  appear, 
that  the  persons  who  were  to  erect  the  bridge  were 
Messrs.  Mason,  Tudor,  Otis  and  Greene  ;  and  that 
those,  who  were  to  procure  the  annexation,  were  the 
same  gentlemen^  together  with  all  the  petitioners  from 
South  Boston^  who  subscribed  the  petitions  for  the  an- 
nexation. The  evidence  of  this  statement  will  be  now 
adverted  to. 

On  the  27th  of  December,  1803,  William  Tudor, 
Gardiner  Greene,  Moses  Everett,  and  seventeen  oth- 
ers, petitioned  the  Selectmen  of  Boston  for  its  consent  to 
the  annexation  of  Dorchester  Neck.  This  petition 
contained  these  words ;  **  we  shall  and  do  cheerfully 
consent  to  the  annexation  of  all  our  lands,  lying  within 
the  peninsula  aforesaid,  upon  the  single  condition  that  the 
inhabitants  will  procure  a  bridge  to  be  erected  between 
Boston  and  Dorchester  Neck."  The  identical  subscrib- 
ers to  that  petition^  together  with  seven  others,  preferred 
their  petition,  at  the  then  next  session  of  the  General 
Court,  in  which  last  petition  they  pray  for  the  annexa- 
tion to  be  granted ;  hoivcoer,  upon  condition  that  a  bridge 
should  be  granted,  connecting  the  peninsula  ivith  the  to-ivn. 
The  place  for  the  bridge  to  land  on  the  Boston  side  is  not 
pointed  out  in  either  petition.  Three  of  the  subscribers  to 
the  petition,  now  pending  before  the  legislature,  viz. 


21 


Moses  Everett,  Maiy  Clap  and  Jonathan  Bird,  were  aU 
so  subscribers  to  the  two  former  petitions  for  the  an- 
nexation ;  and  in  that  capacity,  they,  with  all  the  other 
petitioners  therefor,  must  have  been  the  associates  ''  of 
Messrs.  Mason  and  Otis."  Thus  the  associates  are 
dragged  from  behind  the  curtain.  All  connexion  with 
them  is  boldly  disclaimed  ;  and  every  artifice  practised 
to  conceal  them.  But  the  contract  and  compromise  are 
now  submitted  to  public  examination,  and  the  other  doc- 
uments are  among  the  public  records. 

Upon  a  comparison  of  these  facts  and  documents,  an 
impartial  examiner  will  see  with  an  indignant  smile,  a 
question  gravely  asked  in  the  pamphlet,  **  who  were  the 
parties  to  this  agreement  ?"  Messrs.  Mason  and  Otis 
kiieiv perfectly  well^  that  their  associates  were  described  in 
the  preamble  of  this  agreement,  and  that  this  description 
comprehended  themselves,  the  petitioners  for  South 
Street  bridge,  and  all  the  petitioners  for  the  annexation. 
They  therefore  must  have  contemplated  one  of  two 
things ;  either  to  bind  these  petitioners,  or  conceal  their 
intention  of  not  binding  them ;  if  the  former,  it  is  the 
point  contended  for ;  if  the  latter,  they  are  completely 
detected,  and  have  forfeited  all  claims  to  candour  and 
confidence. 

The  truth  of  the  statement  has  been  argued 
from  the  face  of  the  instrument,  compared  with  oth- 
er documents  to  which  it  refers,  and  which  of  course 
constitute  a  part  of  it.  For  the  purpose  here  in- 
tended, no  other  examination  is  necessary.  But  it  is 
amusing  to  find  the  writer  of  the  pamphlet  di'eading  and 
renouncing  all  verbal  explanation  on  the  part  of  his  op- 
ponents, and  yet  repeatedly  resorting  to  it  himself.  Un- 
fortunately his  verbal  explanation  amounts  to  a  contra- 
diction ;  for  he  verbally  alleges  that  the  only  associates  of 
Messrs.  Mason  and  Otis  were  Messrs.  Tudor  and  Greene, 
and  gives  as  a  reason,  that  it  had  been  repeatedly  so  an^ 
7ioiinced ;  but  the  instrument  discloses,  that  these  asso- 
ciates were  the  petitioners  for  the  bridge,  and  the  peti- 
tioners for  the  annexation  ;  and  so  long  as  that  instru- 
ment, and  the  public  records  remain,  it  will  be  useless 
to  attempt  a  contrary  construction. 


2.  The  facts  toproije  the  truth  of  the  2d  position^  m 
that  the  stipulations  of  the  compromise  have  been  molatecl. 
are  now  to  be  stated.  While  the  first  petition  for  South 
Street  bridge  was  pending,  and  before  the  report  of  the 
committee  upon  that  petition  had  been  acted  upon,  Ed- 
ward Tuckerman  and  otliers  preferred  their  petition," 
pra3^ing  leave  to  erect  a  bridge  where  the  South  Boston 
bridge  is  now  built,  and  also  to  make  a  new  street,  to 
extend  from  the  bridge  to  Essex  Street.  These  incori 
porations  were  requested  upon  a  presumption  expressed 
in  the  petitibn,  and  afterwards  recognized  by  tlie  legis- 
lature, that  no  liberty  %wuld  be  granted  for  the  erectio7i  of 
any  other  bridge  from  Boston  to  Dorchester  peninsula,  to 
the  northward  ofthepAace  abo'ue  described.  Upoii  this  peti-* 
tion  the  usual  notice  was  ordered,  and  the  petition  com- 
mitted to  a  joint  committee. 

It  uas  at  this  moment,  when  the  South  Street  peti.. 
tioners  saw  the  inevitable  fate  of  their  project,  that  the 
compromise  was  by  them  sought  for  and  effected.  The 
evidence  of  this  compromise  is  contained  in  the  report 
of  the  jdint  committee,  which  is  here  subjoined.  ^  Th6 
contract  before  examined  is  called,  in  the  pamphlet,  the 
*' instrument  of  compromise,"  But  it  is  7iot  so;  it  ts 
the  instrument  which  led  to  the  compromise.  The  rCr 
port  of  the  committee  last  referred  to,  recites  and  sanqr 
tions  the  compromise,  and  is  the  only  written  evidenc^ 
of  its  nature  and  existence.  To  the  terms  of  this  com-r 
promise,  must  Messrs.  Mason  and  Otis,  and  their  assor 
dates,  be  compelled  to  submit. 

The  most  prominent  feature  in  this  report  is  the  2d 
article,  which  states,  that  *'  no  league  be  gmen  to  build  a 
bridge  from  Boston  to  Dorchester^  to  the  northward  of  the 
town^s  landing.''''  The  compromise  of  the  parties  is 
made  the  basis  of  this  report ;  and  thus  we  have  the  sol- 
emn stipulation  of  Messrs.  Mason  and  Otis,  and  all  the 
petitioners  for  the  annexation,  (as  has  been  before  shown) 
that  no  other  bridge  shall  by  them  be  sought  for.  The 
above  report  was  accepted  by  consent  of  all  parties ; 
two  incorporations,  one  for  the  bridge,  and  the  other  fof 


§  See  Appendix,  No-. 


o^. 


>3 


building  Front  Street,  were  passed  in  pursuance  of  it ; 
and  until  after  the  final  adjournment  of  the  General 
Court  of  that  }'ear,  every  thing  was  calm,  harmonious 
and  happy. 

This  harmony  was  first  disturbed  by  the  inhabitants 
of  South  Boston,  who,  before  the  meeting  of  the  new 
General  Court  of  1804,  published  a  ^'  formal  protest" 
against  the  doings  of  their  own  agents,  Messrs.  Otis 
and  Mason,  and  (what  was  tantamount  thereto)  against 
the  doings  of  the  legislature  consequent  thereupon.  This 
expedient  was  toUowed  by  another  more  serious, 
but  equally  unjustifiable;  for  as  soon  as  the  new 
legislature  convened,  they  preferred  their  petition  for 
an  arch  bridge^  (as  it  has  been  termed)  from  South 
Street.  This  project  was  probably  suggested  to  them 
by  their  arch  enemy ^  for  surely  nothing  human  or  di- 
vine could  have  devised  a  scheme  so  pregnant  with  fol- 
ly. It  has  been  stated  in  a  former  page,  that  this  peti- 
tion met  the  fate  it  deserved.  But  during  its  pendency 
at  the  last  winter  session,  another  bridge  town-meeting 
was  demanded  of  the  selectmen  of  Boston.  These  gen- 
tlemen were  averse  to  a  renewal  of  the  former  scenes  of 
recrimination  and  animosity.  But  they  were  told  by  the 
agents  of  the  bridge  projectors^  that  if  they  did  not  warn 
a  meeting -of  the  inhabitants,  a  justice  of  the  peace  would 
be  applied  to  for  that  purpose.  They  \vere  finally  pre- 
vailed upon.  A  meeting  was  held,  and  the  bowels  of 
Faneuil  hall  groaned,  and  were  disgorged.  A  house  of 
public  worship  again  became  the  theatre  for  the  per- 
formance of  another  grand  farce.  Mr.  Otis  spoke  for 
himself,  and  '*  bv  his  neisrhbours  and  his  law  vers ;" 
and  a  vote  was  finally  carried,  nolens  njokms^  by  which 
the  town  in  effect  said,  they  would  haije  a  bridge  in  spite 
of  the  legislature.  In  addition  to  all  this,  it  is  known 
to  all  Boston,  that  ever  since  the  compromise,  Messrs. 
Mason,  Tudor,  Otis  and  Greene  have  used  their  ut- 
most endeavours  to  obtain  another  bridge,  though 
these  endeavours  may  have  been  (until  lateU)  urged 
through  the   instrumentality  of  lawyers,  runners,   and 


secret  ao:ents. 


24 


There  is  evidence  enough  in  these  facts  to  condemn 
the  whole  together.  Principals  and  associates  must  re- 
treat before  it,  and  hide  their  heads.  In  every  instance, 
where  an  infraction  of  the  compromise  has  been  at- 
tempted or  effected,  the  unremitting  exertions  of  an 
agent,  publicly  known  to  be  the  instrument  and  tool  of 
the  bridge  paity,  have  been  every  where  seen  and  re- 
cognized. In  the  town-meeting  of  Jan.  1805,  the  citi- 
zens were  harangued  by  professional  gentlemen,  who 
were  known  from  the  beginning  to  have  been  employed 
as  counsel.  Indeed  the  mask  is  now  thrown  off,  and 
principals  and  associates  have  all  become  the  open  ad- 
vocates of  another  bridge,  both  in  and  out  of  the  le- 
gislature. , 

How  then  stands  the  account,  between  these  gentle- 
men and  their  consciences  ?  Simply  thus  ;  they  have 
entered  into  a  solemn  stipulation  in  the  face  of  the  legis- 
lature, that  no  bridge  from  South  Street  shall  be  granted 
at  their  request ;  but  from  the  moment  of  that  stipula- 
tion to  the  present  time,  they  have  permitted,  excited, 
and  promoted  every  measure  in  their  power  to  obtain  it. 
For  the  better  information  of  these  gentlemen's  con- 
sciences in  future,  a  passage  from  a  great  moral  philo- 
sopher* is  inserted. 

^^  All  promises  are  to  be  performed  in  that  sense  in 
ivhich  the  promissor  apprehendedy  a?id  knew  at  the  ti??iey 
that  the  promissee  recei'ued  it. 

*'  The  obligation  of  promises  depends  also  upon  the  ex- 
pectations^ nvhich  we  knowingly  and  "voluntarily  excite. 
Consequently  any  action  or  conduct  towards  another y  which 
we  are  sensible  excites  expectations  in  that  other y  is  as 
much  a  promise y  and  creates  as  strict  an  obligation  as  the 
most  express  assurances,^'' 

We  now  proceed  to  the  third  point. 

From  the  documents  before  referred  to,  it  is  pre- 
sumed enough  has  been  shewn  to  jusify  the  opinion, 
that  the  faith  of  the  legislature  has  been  and  still  is 
pledged  to  the  Front  Street  Corporation,  and  the  people 
^f  the  south  endy   that  no  charter  for    another    bridge 

*  Paley,  pages  99  and  100. 


25 


shall  now  he  granted.      The  petitions  for  that  incorpo- 
ration,   and  for  the  building  of  the  present  bridge, 
were  proffered  and  granted  upon  that  condition.     In  the 
report  of  the  committee  upon  that  petition  (which  is 
one  of  the  clearest  and  best  drawn  documents  upon 
the  files  of  the  legislature)  that  condition  is  recog- 
nized and  sanctioned  ;    and  the  government  by  ac- 
cepting that  report,  and  carrying  it  into  effect  by  two 
legislative  acts,  has  thereby  done  every  thing  in  its 
power  to  quiet  and  satisfy  all  parties.     It  would  have 
been  useless  to  have  inserted  this  restriction  and  con- 
dition in  those  acts  ;    for  although  the  legislature  of 
this  year  can  bind  itself,  it  cannot  bind  its  successor 
of  the  next.     The  legislative  power  expires  annually 
on  the   day  preceding  the  last  Wednesday  in  May  ; 
and,  speaking  constitutionally,  is   revived  the  next 
day  in  a  new  body,  though  consisting  of  many  of  the 
old  members.     Being   thus   annually   organized,   it 
.has  the  power  to  rescind  the  old,    and  to  enact  new 
laws.     But  their  faithfulness  is  the  same.     No  correct 
legislature   can  be   above   those   moral  obligations, 
which  are  over  all,  and  binding  upon  all,  and  for  the 
conscientious  discharge  of  which,  its  members  are 
amenable  to  the  Supreme  Government  of  the  universe •      In 
the  application  of   these  principles  to  the   case  of 
the    parties    contending   for   and   against    another 
Bridge,  every  impartial  member  of  the  General  Court 
will  examine  for  himself  into   those  agreements  and 
stipulations    of    the    parties,    which  have  been  made 
the  basis  of  and  incorporated  with  the  acts  and  proceedings 
of  former  legislatures.     He  will  then  perceive  how  im- 
possible it  is,  that  the  opposers  of  another  bridge  can 
be  deceived  by  their  confidence  in  the  faith  and  jus- 
tice of  the  government.     The  following  observations 
will  discover  the  nature  and  extent  of  the  injuries 
which  will  be  suffered  by  the  Front  Street  Corpora- 
tion and  other  inhabitants  of  the  south  end,    should 
it  appear  that  this  confidence  has  been  either  miscon- 
ceived or  misplaced. 

D 


^6 


„  A  question  is  made  whether  "  Front  Street  Corpa- 
ration'  are  not  gainers  by  the  compromise  ?*'  It  is 
roundly  asserted  in  the  pamphlet,  that  they  are.  But 
it  is  a  fact  capable  of  the  clearest  demonstration^  that  that 
Corporation^  even  now^' cire  great  losers  by  the  compromise^ 
and  in  the  event  of  another  bridge,  not  only  they, 
but  tpany  others,  will  suffer  much  greater  losses  than 
have  been  already  incurred.  Apartoi  the/^jj,  how- 
ever, which  has  been  sustained,  was  foreseen  and  cal- 
culated, at  the  time  the  compromise  was  made.  To- 
tal destruction  to  the  business  and  prosperity  of  the 
south  end  was  threatened.  The  inhabitants  pre- 
ferred a  partial  loss  to  entire  destruction.  The  sequel 
will  show,  that  this  loss  has  been  suffered  to  promote 
the  convenience  of  the  public,  the  interests  of  the 
South  Boston  Association,  and  the  other  owners  of 
the  peninsula,  and  from  motives  of  self  preservation 
actuating  those,  the  whole  labour  of  whose  lives  was 
attempted  to  be  grasped  by  the  Vandal  hand  of  specu- 
lation, under  the  imposing  pretence  of  promoting 
the  public  good. 

This  will  be  further  elucidated,  and  placed  beyond 
the  possibility  of  denial.  An  open  and  avowed  deni- 
al is  solicited.  The  proofs  on  our  part  are  ready,  and 
we  are  willing  to  rest  the  whole  issue  on  the  point, 
that  the  Front  Street  Corporation^  and  other  inhabitants  of 
the  south  cnd^  have  been^  are^  and  will  be  losers^  and  that 
the  South  Boston  Association^  and  the  inhabitants  of  the 
peninsula  have  been^  are^  and  ivill  be  gainers  by  the  com- 
promise. 

The  south  end  inhabitants  petitioned  to  be  incor- 
porated with  permission  to  build  Front  Street  and 
the  present  bridge.  Their  motives  for  so  doing,  as 
*  expressed  in  their  petition  (a  copy  of  which  is  No.  4, 
in  the  Appendix)  were  to  make  the  south  harbour  of 
Boston  more  commodious  for  navigation  and  com- 
merce, and  to  preserve  it  from  the  destruction  threat- 
ened by  a  bridge  from  South  Street.  The  idea  of 
profiting  by  the  street  was  not  entertained.     The  on- 


27 


iy  part  of  the  expense  to  which  they  thus  submitted 
themselves,  and  for  which  they  expected  to  be  reim- 
bursed, was  the  cost  of  the  bridge  ;  they  prayed  for 
2  grant  of  such  a  toll  on  the  bridge,  as  would  reim- 
burse them  for  building  it.  But  it  was  made  a  sine 
qua  non  by  Otis  and  Mason,  that  the  bridge  should  bb 
transferred  to  them  and  their  associates  ;  that  as  their 
object  was  solely  to  benefit  the  Dorchester  land,  the 
bridge  must  be  placed  in  their  hands,  that  they  might 
lessen  the  toll  at  their  pleasure,  or  make  it  free,  to 
promote  the  settlement  of  Nook  Hill.  The  whole  cost 
of  the  street  was  given  by  the  south  end  inhabitants,  as 
the  price  of  their  redemption  from  the  greater  evil's  and 
losses  with  which  they  were  threatened  by  a  bridge  from 
South  Street.  To  give  complete  and  full  evidence  of 
this,  if  more  can  be  required,  a  recurrence  to  the 
bond,  which  has  been  often  ostentatiously  and  falsely 
published,  as  being  the  only  pa,per  in  existence  relat- 
ing to,  or  having  any  connexion  with  the  compro- 
mise, is  again  necessary.  If  building  the  street 
promised  such  immense  profit,  as  the  writer  of  the 
pamphlet  pretends,  and  which  he,  by  tortured  infer- 
ences from  mistated  facts  endeavours  to  show,  the 
Front  Street  Corporation  have  realized,  why  were 
they  subjected  to  the  penalty  of  50,000  dollars  to 
build  it  ?  Were  their  "  senses  so  bewildered"  as  to 
require  to  be  put  under  bonds  to  do  that,  by  the  per- 
formance of  which,  it  is  pretended,  they  will  realize 
more  than  250,000  dollars  ?  But  it  may  be  asked  in 
return,  why  were  Mason  and  Otis,  and  their  asso- 
ciates, subjected  to  the  same  penalty  unless  they  built 
the  bridge  ?  //  was  to  compel  them  to  the  performance  of 
their  stipulations  ;  to  oblige  them  to  build  it  ;  not  that  Front 
Street  might  thereby  be  accommodated^  but  that  all  pre- 
tences of  any  necessity  for  another  bridge  might  be  rendered 
futile^  and  the  inhabitants  of  the  south  end  fe cured  in 
their  great  and  only  object^  the  prevention  of  another 
bridge^  and  the  preservation  of  their  commercial  priv- 
ileges.     In  accomplishing  these  purposes,   the  Front 


28 


Street  Corporation  have  already  been  assessed  for  the 
street  dols.  70,9 12-50  cents,  and  another  assessment 
of  one  dollar  per  foot,  amounting  to  '^3059  will  be 
necessary,  making  dol.  73,962-50.      They  have  also 
made  other  sacrifices  to  nearly  dol.  46,000  (See  Appen- 
dix, No.  5.)     Such  have  been  the  cost  and  sacrifice 
these  people  have  sustained  to  furnish  a  spacious  and 
elegant   avenue  to  South   Boston,  and   destroy  all 
claims  and  pretences  for  another  bridge.     For  whose 
benefit  has  this  sacrifice  of   Si 20,000  been  made? 
Not  for  the  Front  Street  Corporation,  for  it  is  dem- 
onstrated in  the  Appendix  to  be  so  much  lost  by 
them.     The  only  artifice  left  to  ingenuity  basely  em- 
ployed is,  to  pretend,  that  the  Corporation  have  pro- 
fited by  what  they  have  redeemed  and  saved,  and 
have  no  right  to  count  the  requisition  and  redemp- 
tion money  as  loss.     But  this  position  would  be  more 
than  monstrous.     If  a  man,  having  ten  dollars,  were 
threatened  to  be  robbed,  and  a  compromise  should 
be  made,  by  which  the  knight  of  the  road  should 
consent  to  take  five,  who,  but  the  writer  of  the  pam- 
phlet, would  pretend,  that  five  dollars  were  not  lost 
by  the  compromise  ? 

Having  thus  shewn  the  Front  Street  Corporation 
have  been  and  are  losers  under  the  compromise,  the 
question  remains,  whether  they  will  not  be  losers  in 
the  event  of  another  bridge  ?  It  is  conceded  in  the 
pamphlet,  that  another  bridge  would  destroy  their 
commercial  privileges.  In  that  event,  therefore,  not 
only  the  price  of  their  redemption,  but  the  very  objects 
intended  to  be  redeemed^  will  be  destroyed  and  lost.  Then 
indeed  will  they  be  not  only  in  a  state  of  "  exile,'* 
but  poverty. 

That  Mason,  Otis,  Tudor  and  Greene,  and  their 
associates,  have  been^  are  and  will  be  gainers  by  the 
compromise  in  the  event  of  another  bridge  shall  now 
be  concisely  and  clearly  exhibited. 

The  whole  amount  vested  in  the  present  bridge, 
by  them  and  others  interested  in  their  speculation,  is 


29 


not  ^56,000  (as  pretended   in  the    pamphlet)   but 
836,000,  and  no  more,  (See  Appendix  No.  6.)    What- 
ever sums  they  may  have  expended  on  turnpikes  and 
other  objects  have    no    relevancy  to  the   question. 
They  might,  with  the  same  propriety,  bring  their 
family  expenses  into  the  calculation.     It  is  contended 
in  the  pamphlet,  that  all  their  interest  in  the  present 
bridge  will  be  lost  in  the  event  of  another,  and  may 
be  considered  as  a  donation  to  Front  Street.     If  the 
present  bridge  prove  a  total  loss  to  its  owners,  it  must 
arise  from  there  being  no  passing  over  it.     It  being  a 
toll  bridge,  passing  would  produce  income.     If  there 
should  be  no  passing  over  it,  of  what  advantage  can 
it  possibly  be  as  an  avenue  to  Front  Street  ?  How  lib-> 
eral  would  be  the  "  donation"! !  A  gift  charitable  and 
generous  indeed,  and  if  not  worthy  to  be  registered 
in  heaven,   deserves  a  conspicuous  column  in  all  the 
Boston  newspapers.     But  for  argument's  sake  it  is 
supposed  the  36,000  dls.  will  be  lost.   How  stands  the 
account  of  profit  and  loss  with  them?  The  whole  penin- 
sula without  a  bridge  is  fit  only  for  agricultural  pur- 
poses, and  may,  in  that  view,  be  considered  worth 
from  150  to  200  dls.  per  acre.     It  is  known  that  land 
owned  by  the  South  Boston  Association,  was  purchas- 
ed before  the  present  bridge  was  built,  from  less  than 
100  to  500  dls.  per  acre,  and  that  since  the  erection  of 
that  bridge  and  Front  Street,  land  has  been  sold  there 
at  the  rate  of  25  cts.  per  square  foot  or  1 1,000  dollars 
per  acre. 

The  150  acres  said  in  the  pamphlet  to  be  owned  by 
Mason,  Otis,  Tudor  and  Greene,  at  that  rate  are 
worth  one  juillion  six  hundred  and  Jifty  thousand  dollars. 
Allow  one  half  this  sum  to  be  deducted  for  sea  walls, 
turnpikes,  presents,  and  other  extraordinary  expenses  in- 
cidentto  the  establishment ;  there  are  left  85o,coodoilars. 
Allow  the  original  cost  of  the  15©  acres  to  have  been 
even  1 00,000  dols.  How  much  have  the  poor  sufferers 
made  by  expending  36,000  dls.  in  the  present  bridge  ? 
The  small  sum  of  seven  hundred  and  jifty  thousand  dol- 
lars^ only. 


50 


Thus  have  they  been  and  thus  are  they  gainers  by  the 
compromise ;  and  in  the  event  of  another  bridge,  they 
will  still  be  gainers  ;  for  who  will  pretend  that  their 
land,  even  in  the  event  of  another  bridge,  will  not  be 
benefited  much  more  than  36,000  dols.  by  being  con- 
nected, as  it  now  is,  to  a  populous  part  of  the  old  town 
by  a  bridge  short  of  1600  feet  in  length,  especially 
when  it  is  considered,  that  a  bridge  to  South  Street 
would  be  longer  by  more  than  a  thousand  feet. 

Thus  the  facts  of  loss  to  Front  Street  Corporation 
and  other  inhabitants  of  the  south  end,  and  of  gain  to 
the  South  Boston  Association  and  other  inhabitants 
and  owners  of  the  peninsula,  in  any  events  is  establish- 
ed beyond,  the  possibility  of  doubt.  It  rests  on  a 
basis  which  violence  cannot  shake  nor  artifice  under- 
mine. It  defies  the  assaults  of  the  open  and  manly, 
and  despises  the  low  attempts  of  the  cowardly,  intrigu- 
ing and  disguised. 

In  the  concluding  paragraph  of  the  pamphlet,  its 
writer  discloses  that  the  measures  of  his  party  are  now 
to  be  changed.  We  shall  now  no  longer  dread  the 
old  experiments  of  intrigue  and  deception.  There  is 
an  open  declaration  of  war  ;  and  it  is  the  first  in- 
stance of  frankness  in  his  party  which  it  has  conde- 
scended to  exhibit  ;  but  it  is  also  a  specimen  of  inso- 
lence which  will  meet  its  merited  chastisement.  The 
threat  is  evidently  directed  both  at  the  town  and  the 
legblature  !  It  marks  out  the  ground,  and  points  out 
the  weapons  of  the  combat.  Our  answer  to  the  chal- 
lenge is  this  ;  if  another  bridge  is  an  object,  which  it 
is  "  impossible  to  relinquish^*'  the  opposition  to  it  is  an 
object  which  will  never  be  relinquished.  If  the  har^ 
mony  of  the  town  is  to  be  interrupted  while  the  pur- 
suit of  that  object  is  continued,  every  exertion  will 
be  made  to  restore  that  harmony  by  convincing  the 
town  of  the  folly  of  being  made  the  tool  of  design- 
ing and  deceitful  men.  If  the  dignity  of  the  legislature 
should  be  impiously  assailed,  the  author  of  so  nefari- 
ous an  attempt,  will  be  pointed  out  by  the  finger  of 


31 


scorn  ;  and  if  "  eternal  jealousies  and  strife**  are  to  be 
the  consequences  of  deferring  the  grant,  their  promoters 
will  be  as  likely  to  perish  in  them^  as  those  for  whose  de- 
struction they  are  excited. 

We  have  thus  torn  the  veil  and  exposed  some  few 
of  the  most  gross  misrepresentations  of  the  pamphlet, 
in  all  their  nakedness.  We  should  have  turned  away 
disgusted  with  the  sight,  did  not  our  duty  to  the  pub- 
lic demand  of  us  to  exhibit  their  deformity.  A  good 
cause  requires  not  the  aid  of  artifice  or  misrepresent- 
ation, and  a  bad  cause,  with  their  aid,  and  the  assist- 
ance of  intelligent  heads,  actuated  by  corrupt  and  dq- 
praved  hearts,  cannot  and  will  not  succeed  with  hon* 
est  men. 


LBLJtfJ 


APPENDIX. 


No.  1. 

Refiort  of  the   Toivn's   CoTnmittee. 

.  THE  Committee  chosen  hy  the  several  wards,  agreeable  to  a 
■vote  of  the  town  of  the  17th  inst.  to  consider  the  conditions  on 
which  Dorchester  Neck  shall  be  annexed  to  Boston,  beg  leave 

To    REPORT 

••'•That  the  lands  on  Dorchester  Neck  be  annexed  to,  and  incor- 
porated with  the  town  of  Boston  on  the  following  conditions  ; — 

1st,  That  a  good  and  suitable  Bridge  be  built  from  South 
Street,  of  42  feet  wide,  with  good  accommodations  for  foot  pas- 
sengers, who  shall  pass  toll  free  ;  and  having  two  draws,  one  in 
the  channel  of  32  feet  wide,  and  one  on  the  flats,  on  the  norther- 
ly side,  of  28  feet  wide,  with  a  wharf  of  not  less  than  25  feet  in 
width  to  each  draw,  on  each  side  the  bridge,  extending  below  the 
bridge  200  feet,  and  above  it  100  feet,  and  having  a  house  on  the 
w^harf  at  the  channel  draw,  for  persons  to  be  at,  at  all  hours  of  the 
day  and  night,  to  hoist  the  draws,  for  vessels  to  pass  whenever 
required,  and  the  whole  bridge  to  be  well  lighted. 

2d,  The  Proprietors  of  the  Bridge  shall  pay  to  the  owners  or 
masters  of  all  vessels  above  20  tons,  passing  up  above  the  bridge 
to  discharge  their  cargoes,  at  and  after  the  rate  oi'  Jive  cents  per 
ton,  register  measurement,  but  nothing  returning  below  the 
bridge. 

3d,  That  there  be  inserted  in  the  act  of  incorporation  a  clause, 
whereby  it  be  provided,  that  if  the  inhabitants  of  the  town,  on  the 
southern  side  of  the  bridge,  apply  to  the  legislature  at  any  future 
period  to  be  set  oft',  as  a  separate  town,  or  annexed  to  any  other, 
without  the  consent  of  the  inhabitants  of  the  northern  side,  that 
then  and  as  soon  as  they  do,  the  charter  of  the  bridge  shall  cease 
to  the  then  holders,  and  shall  enure  to  the  sole  advantage  of  the 
old  town  of  Boston. 

4th,  The  Proprietors  of  the  land  to  be  annexed,  shall  consent 
that  the  Selectmen  of  the  town  of  Boston  shall  immediately  lay 
out  such  streets,  public  squares  and  market  places,  as  they  shall 
Judge  necessary  for  the  public  accommodation,  without  any  com- 
pensation for  the  land  so  appropriated. 

3th,  There  shall  be  two  burial  grounds,  two  school  house  lots, 
and  two  lots  for  houses  of  public  worship,  also  to  be  laid  out  with- 
out any  payment  therefor. 


6th,  In  lieu  of  the  offer  of  one  half  of  the  proposed  bridge, 
there  shall  be  set  off  by  a  joint  committee  of  the  proprietors  on 
the  one  part,  and  thQ  town  of  Boston  on  the  other  part,  upon  the 
land  to  be  annexed  in  four  different  parts  of  the  same,  one  tenth  of 
all  the  land  thereon,  (that  is  not  used  or  set  apart  for  public  pur- 
poses) which  shall  be  held  at  the  disposal  of  the  town  of  Boston. 

All  which  is  submitted. 
JOSEPH  RUSSELL, /i(?r  Order. 


No.  2. 

Bond  executed  between  Messrs.  Mason,  Otis  and  theh*  associates,  and 
South  End  Committee,  as  a  measure  preparatory  to  the  compromise,  which 
afterwards  was  ratified  before  Committee  of  both  Branches  of  the  Legis- 
lature. 

Articles  of  agreement  made  and  concluded  this  \8th  day  of  Febru" 
ary,  A.D.  X^OAs^  between  Jonathan  Mason  and  Harrison  Gray 
Otis^  of  Boston^  Esquires^  in  behalf  of  themselves  and  associatesy 
of  the  first  part  <)  and  William  Brown,  Arnold  Welles,  Esquires^ 
Josiah  Knajip,  and  Benjamin  Goddard,  Merchants,  all  of  Boston^ 
in  behalf  of  themselves  and  associates,  of  the  second  part, 

WHEREAS  the  said  parties  of  the  first  part  contemplate, 
and  intend  to  attempt  to  procure  from  the  Legislature  of  Mas- 
sachusetts, an  act  of  incorporation,  authorising  them  to  erect  a 
bridge,  from  the  town  of  Boston's  landing,  so  called,  in  Orange- 
Street,  in  said  Boston,  or  from  some  place  southerly  thereof,  to 
Dorchester  Point  ;  and  also  to  procure,  if  practicable,  the  anneX" 
ation  of  said  point  to  the  town  of  Boston.  And  whereas  the  said 
parties  of  the  second  part,  with  their  associates,  contemplate,  and 
intend  to  form  and  fill  up  a  new  street,  running  from  said  bridge 

to  Rainsford's-Lane,  so  called,  as  is  hereafter  described. Now 

this  agreement  witnesseth  : 

First.  The  said  parties  of  the  first  part,  for  themselves,  their 
executors  and  administrators,  do  hereby  covenant  and  agree  with 
the  parties  of  the  second  part,  their  executors,  administrators 
and  assigns,  that  they  will  apply  to  the  Legislature  of  this  Com- 
monwealth, and  use  their  utmost  endeavours  to  obtain  an  act  of 
incorporation,  for  tlie  purpose  of  enabling  them  to  build  a  bridge, 
from  the  Town's  Landing  in  Orange  Street,  or  some  place  south 
thereof,  to  Dorchester  Point,  and  another  act  for  annexing  the 
said  point  to  the  town  of  Boston  ;  and  that  when  said  acts  shall 
be  obtained,  they  will,  with  all  reasonable  dispatch,  commence 
the  building  of  said  bridge,  and  complete  the  same. 

Secondly.     The  parties  of  the   second  part,  for  themselves, 
their  executors  and  administrators,  do  hereby  covenant  with  the 

E 


parties  of  the  first  part,  their  executors,  administrators  and  as- 
signs, that  they  will  unite  in  their  sincere  and  constant  endeav- 
ouRs  to  enable  the  party  of  the  first  part  to  obtain  the  said  two 
acts  of  the  Legislature,  untif  the  same  shall  be  obtained  :  And 
that  whenever  the  act  authorizing  the  erection  of  said  bridge 
shtfll  have  passed,  and  the  proprietors  thereof  shall  begin  to 
build  said  bridge,  they  will  forthwith  lay  out  and  make,  at  their 
onvn  exfitnse,  a  certain  street,  or  public  highway,  which  shall 
run  from  Rainsford's  Lane,  so  called,  until  it  comes  to  said 
bridge  ;  the  eastern  line  of  said  street  to  be  at  such  a  distance 
from  the  south  western  corner  of  Deacon  Brown's  house  in  Or- 
ange Street,  that  no  part  of  said  eastern  line  shall  be  nearer  than 
350  feet  from  the  eastern  line  of  Orange  Street  ;  said  road  to  be 
at  least  50  feet  wide  in  all  its  parts,  and  a  good  and  sufficient  stone 
facing  next  the  sea  ;  and  that  the  same  shall  be  completed,  on  or 
before  the  first  day  of  November,  A.  D.  1805. 

And  to  the  true  performance  of  their  respective  covenants  the 
parties  hereby  bind  themselves  to  each  other  in  the  penalty  of 
fifty  thousand  dollars.  In  testimony  whereof  the  parties  have 
hereunto  set  then*  hands  and  seals  the  day  and  year  before  written. 


No.    3, 

Reiiwt  of  joint  coinmittee  of  both  Houses  on  the  Compromise. 

>  THE  committee  of  both  houses  appointed  to  take  into  consid- 
eration the  petition  of  Edward  Tuckerman  and  others,  praying 
that  they  may  be  incorporated  for  the  purpose  of  making  a  new 
street  from  the  Town's  lajnding  in  or  near  Orange  Street,  to  Essex 
Street  in  the  town  of  Boston,  and  also  of  erecting  a  bridge  from 
§aid  landing  to  Nook  Hill  in  the  town  of  Dorchester,  paying 
however  toll  to  a  certain  description  of  vessels  ;  jir oxide dhoiv-^ 
e~uer^  that  no  leave  be  given  for  the  erection  of  a  bindge  to  the  north- 
ward  of  said  landing-^  beg  leave  to  report,  that  the  several  parties, 
viz.  the  petitioners,  the  petitioners  for  a  bridge  from  South 
Street,  and  the  proprietors  of  Roxbury  canal,  have  effected  a 
comprami^ey  which  your  committee  ask  leave  to  make  the  basis  of 
their  report,  viz. 

1st,  That  the  petitioners  make  a  new  street,  as  they  have  prat- 
ed for  in  their  petition. 

2d,  That  no  leave  be  given  to  bmld  a  bridge  to  the  northward  of 
said  towji's  landing, 

3d,  That  a  bridge  be  built  at  the  place  they  have  prayed  for, 
subject  to  the  payment  of  a  reasonable  toll>  to  certain  loaded  ves- 
sels'passing  the  draw  of  said  bridge. 


4th,  That  the  right  to  build  said  bridge,  ivith  all  tht  tonditi^vfi 
tonnected  therenuithy  be  transferred  from  the  petitioners,  to  the 
petitioners  for  a  bridge  from  South  Street  in  Boston  to  Nook  Hill 
in  Dorchester. 

Which  is  submitted,  BEZA  HOWARD,  per  order. 
In  Senate,  Feb.  22d,  1804,  Read  and  Accepted. 

DAVID  COBB,  President. 
In  House  of  Representatives,  Feb.  23d,  1804, 
Read  and  Cohcurred. 

H,  G.  OTIS,  Speaker. 


No.   4. 

South  End  Petition  to  build  Front  Street^  and  the  present  Bridge, 

To  the  Hon.   Senate  and  House  of  Refiresentatii-es  of  the   Com- 
monivealth  of  Massachusetts^  in  General  Court  asaembied. 

The  subscribers  humbly  shew,  that  they,  with  their  associates, 
are  desirous  of  being  incorporated  into  a  body  politic,  for  the  pur- 
pose of  erecting  a  Bridge  from,  at  or  near  the  town's  landing 
place  in  Orange  Street,  in  "the  town  of  Boston,  to  Dorchester 
Point — and  also  for  the  purpose  of  making  a  new  Street  from 
Essex  Street  through  Rainsford*s  lane,  so  called  ;  running  par- 
allel with  the  main  street  in  Boston,  to  the  place  on  the  Boston 
side,  where  they  propose  to  erect  the  said  Bridge,  and  to  continue 
the  said  street  in  a  proper  direction  to  the  town's  land  on  Boston- 
neck  ;— said  street  to  be  at  least  fifty  feet  wide. 

By  the  attainment  of  this  object,  a  new  avenue  will  be  opened 
to  the  town  of  Boston,  across  the  narrowest  part  of  the  waters 
passing  between  the  town  and  Dorchester  Point,  from  the  south- 
eastern part  of  the  Commonwealth.  The  petitioners  would  fur- 
ther state,  that  they  are  satisfied  that  this  project  would  occasion 
impediment  and  obstruction  to  the  navigation  which  may  pass 
above  the  bridge  proposed  to  be  built ;  they  are  therefore  willing 
that  a  condition,  on  which  they  may  be  incorporated,  shall  be,  that 
they  pay  to  the  masters  of  all  loaded  vessels  passing  up  said 
bridge,  and  of  more  than  twenty  tons  burthen,  ten  cents  per  ton, 
as  a  premium  to  induce  them  to  pass  said  bridge.  Your  peti- 
tioners conceive  that  the  object  of  their  petition  embraces  many- 
public  advantages.  The  south  harbour  of  Boston  will  be  made  more, 
commodious  for  navigation  and  commerce'^  and  its  present  vmter 
privileges  will  be  preserved  froin  the  destruction  with  which  they  are 
now  threatened,  by  the  erection  of  another  Bridge  from  South 
Street. — A  large  part  of  the  flats  situated  at  the  south  part  of  the 
town  will  be  covered,  and  the  number  of  lots  proper  for  building 
increased. 


This  pefition  of  your  petitioners  is  founded  upon  ^ft  fire^sump- 
Hon  that  no  liberty  ivill  be  granted  for  the  erectio7i  of  any  other 
bridge^  from  Boston  to  Dorchester  fieninsida^  to  tht  northward  of  the 
filace  where  they  firojiose  to  erect  the  said  bridge^  unless  at  some 
future  period  the  increased  settlement  of  this  part  of  the  country- 
should  be  such,  that  the  public  exi^nces  should  require  the  same, 
in  which  case  your  petitioners  will  be  as  ready  as  any  class  of 
their  fellow  citizens  to  submit  to  any  sacrifices  for  the  public 
interest. 

And  we  further  pray,  that  your  Honours  will  grant  us  and  our 
associates,  such  a  toll  as  will  reimburse  us  for  the  expense  of  build- 
ing said  Bridge^  as  to  your  Honours  shall  appear  just  and  reason- 
able. 


No.  5. 

Calculation  '  of    the    Cost  of  Front    Street ;     the    I^oss    iiicurred 
and  to  be  incurred  by  the  Projirietors^  l!fc. 

Certain  sales  made  by  Mr^  Ellis  are  brought  forward  in  the  Pam* 
^.,0ilti\a8  data  to. show  the  gain  of  Front  Street  Corporation.     It 
^'  rvill  now  be  demonstrated  from  the  same  data^  that  the  Coi'/iora" 
tiofi  have  made  and  must  make  great  sacrifices. 

It  ought  not  to  be  deniedj  that  Mr.  Ellis  obtained  a  good  price. 
The  .purchasers'  object  was  to  have  a  wharf  iwhereon  they  could 
contintie  the  business  in  which  thiey  had  long  been  engaged.  This 
purchase  was  made  soon  after  the  compromise,  under  a  convic- 
tion that  the  water  communication  would  be  forever  secured  to 
them  ;  this  appears  from  their  giving  ^5000  for  a  piece  of  flats 
on  the  east  side,  of  the  [street,  bounding  100  feet  upon  the  street ; 
thefiMs  on  that  side,  are  of  little  value  for  house  lots. 

The  three  pieces  sold  by  Mr.  D.  Ellis,  on  the  West  side  of  the 
street  measure  100  feet  on  Front  Street,  and  76  deep,  including  the 
lO  feet  left  open  by  agreement,  and  contain  7287  square  feet 
which  were  sold  for  S4  850  being  66  1-2  cents  per  square 
foot.  These  three  pieces,  when  sold  by  Mr.  Ellis,  were  in  one  lot 
(though  conveyed  in  three  parcels  to  accommodate  the  pur^ 
chaser.)  And  the  most  eligibly  situated  of  any  one  upon  Front 
Street,  and  worth  nearly  double  to  many  in  other  parts  of  the 
street,  because  it  is  within  a  few  rods  of  the  territorial  centre  of 
the  town,  pleasantly  fronting  on  two  streets,  viz.  east  on  Front 
Street,  south  on  Harvard  Street.  Notwithstanding  these  advan- 
tages, and  that  the  payments  were  accommodated  to  the 
wishes  of  the  purchaser,  he  having  eight  years  to  complete  theni 
in,  let  the  price  of  Mr.  Ellis's  estate  (bought  by  Rice  and  Bridge) 


70912  50 


3050 


73062  50 


be  thfe  standard  by  whith  to  prove  our  stutetnent.  In  this  "manner 
it  will  be  evinced  that  the  Front  Street  Corporation  will  suffer  a 
sacrifice  of  $73962  50  (the  cost  of  the  street)  and  an  additional 
h)ssofS45913  40,  all  which  is  considered  as  so  much  contri- 
buted to  the  public  and  those  interested  in  the  South  Boston 
speculation,  with  a  view  to  save  the  commercial  privileges  of  the 
South  Harbour  from  destruction  by  another  bridge. 

First,  to  shew  the  cost  of  the  street. 

Length  3050  feet,  breadth  50  feet,  height  averag- 
ing V3  feet.  The  assessments  already  laid, 
amounting  to  ^23  1-4  per  foot,  is 
Another  assessment  will  be  required,  for  fencing  and 
finishing  the  Stre^et,  of  at  least  one  dollar  per  foot  is 

Cost  of  St^et 
which  is  48  cents  for  each  superficial  square  foot. 

By  making  the  street  there  have  been  cut  off  and 
shut  within  it,  and  thereby  rendered  useless,  130491 
fieet  of  wharf  (exclusive  of  abutment)  valued  at  40 
cents  per  square  foot,  is 

Add  to  this  3050  feet  of  abutment,  averaging  at  least 
60  feet  in  depth,  which  was  little  used  but  as  wharves, 
say  half  the  value  thereof,  20  cents  per  foot  on 
183,000  square  feet,  is 

Front  Street  is  built  so  far  into  the  sea,  as  to  leiave 
the  western  side  flats,  to  be  raised,  at  least  as  high  as 
the  street,  which  will  cost,  taking  the  cost  of  the 
street  for  a  standard,  48  cents  per  square  foot.  Now 
take  the  width,  the  same  as  ^old  by  Mr.  Ellis,  76 
feet,  which  multiplied  by  the  length  3050  feet  is 
231800  square  feet  to  be  filled  up,  at  48  cents  per 
foot,  is  111264  — 


52196  40 


S6600  ^• 


^274022  90 
This  amount  must  be  expended  before  the  house 
lots  will  be  fit  for  sale.  Now  give  credit  for  these 
houselots  (all  of  which  excepting  3  will  be  much  infe- 
rior to  that  sold  by  Mr.  Ellis  for  reasons  before  stated) 
at  the  same  price  Mr.  Ellis  sold  for.  The  measure 
being  3050  feet  in  length  and  76  feet  in  width,  is 
231,800  square  feet  at  66  1-2  cents,  is  154147 


Loss  to  the  Corporation,       ^1 19875  90 
■   The  cunning  and  deceptive  calculator,  in  the  pamphlet,  omit- 
ted to  add  to  the  value  of  Mr.  Ellis*  estate,  any  thing  for  the  gen- 
eral rise.     And  between  tAventy  two  and  tAventy  three  thousand 


dollars  which  he  has  expended  upon  the  premises    since   his 

purchase. 

)    To  demonstrate  this  rise,  the  following  is  submitted. 

Mr.  Ellis, in  1794  and  1796  purchased  his  estate,  then  contain- 
ing 22960  square  feet  of  land  for  ^6383  33^  which  is  equal  to 
27  cents  and  8  mills  per  foot.  Mr.  Knapp  in  1800  (4  years  be- 
fore Front  Street  was  thought  of)  bought  a  part  of  the  same 
land  with  no  building  of  any  kind  on  it,  and  on  which  Mr.  EUis 
from  the  time  of  his  purchase  to  the  time  of  the  sale  to  Mr. 
Knapp,  had  not  expended  a  single  cent  in  improvement.  Mr; 
Knapp  paid  for  this  piece  which  measures  5115  square  feet 
^2000  cash,  which  is  equal  to  39  cents  and  one  mill  per  foot. 
Accordingly  between  the  time  of  Mr.  Ellis'  purchase  and  the* 
time  of  the  sale  to  Mr.  Knapp,  his  land  had  risen  in  value  more 
than  40  per  cent. 

To  exhibit  further  evidence  of  the  cost  of  filling  up  the  flats 
and  to  show  that  the  writer  of  the  pamphlet  meant  wilfully  to  de- 
ceive in  the  estimate  which  he  gave  the  public,  the  following  is 
subjoined,  being  the  cost  per  square,  (of  216  cubic  feet,)  paid  by 
the  proprietors  of  South  Boston  bridge  for  filling  up  the,  abut- 
ment adjoining  the  bridge  on  the  Boston  side. 

The  first  contract  for  mud,  brought  in  scows,  was  ^3  25  per 
square  foot.  Another  contract  for  gravel,  brought  in  carts,  was 
at  the  rate  of  ^4  per  square.  The  last  contract  for  gravel  carted,. 
was  as  high  as  4s.  per  cart  load,  or  more  than  ^5  dollars  per 
square.  And  yet  in  the  pretended  calculation,  in  the  pamphlet, 
of  the  cost  of  Front  Street,  the  writer  allows  but  ^2  per  square. 


No.    6. 

Calcula(lo7is  of  the  Cost  of  fire  sent  Bindge^  and  of  the  amount  vested 
therein  by  those  interesed  in  the  South  Boston  Sfieculation. 

The  whole  amount  of  expenditures  by  the  Trea- 
surer's accounts,  was  between  §5  6,000  and  5  7,000, 
say  g5  6,000 

But  the  money  received  back  by  the  proprietors, 
arising  from  sales  of  materials  not  used,  and  ^5,288 
62  cents  paid  back  from  the  town,  being  half  the 
amount  of  filling  up  the  town's  land,  as  per  agreement, 
together  amounted  to  more  than  §7,000,  say  7,000 


Cost  of  bridge  to  proprietors  §49,000 


8 


which  divided  by  148,  the  number  of  shares,  gives  about  ^338 
cost  of  each  share,  39  of  which  are  owned  by  gentlemen  not  in 
any  degree  interested  in  the  South  Boston  land,  which  at  §338 
per  share,  gives  §13,182. 

20  of  the  39  shares  belong  to  members  of  the  Front  Street 
Corporation,  and  other  gentlemen  of  the  south  end  ;  10  to  an- 
other, most  of  whose  connexions,  and  family,  are  at  that  part  of 
the  town.  The  remaining  9  belong  to  a  gentleman  of 
Roxbury.  Deduct  therefore  §13,182  from  §49,000,  the  cost 
of  the  bridge,  leaves  §35,818,  or  say  §36,000  disbursed  for 
present  bridge  by  those  proprietors  who  may  be  in  favour  of  an- 
other ;  maldng  a  difference  of  §20,000  between  the  amount  as- 
serted to  have  been  disbursed  by  them  and  the  real  sum.  For 
what  "  special  ^lurposes'^  the  misrepresentation  and  exaggeration 
were  made  will  be  readily  seen. 


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