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CHOSEN BY THE 
 
 NHABITANTS OF THE CITY OF BOSTON, 
 
 TO TAKE INTO CONSIDERATION 
 
 THE EXPEDIENCY OF AUTHORIZING THE CITY COUNCIL 
 TO MAKE SALE OF THE 
 
 LYING WEST OF CHARLES STREET. 
 
 1824. 
 
 The Committee who were appointed in pursuance 
 0 f the, vote of the inhabitants of the City of Boston, ou 
 the 26th day of July last, to consider, whether-lst 
 Shall the CUy Council have authority to . make ^e o 
 all the upland and flats owned by the City, lying west 
 of Charles Street, on such terms and at such times as 
 ly deem expedient? 2d. Shall they have authority 
 to annex it, as a condition to such sales, that the land 
 known by the name of the Common and lying between 
 ChaTles'Beacon, Park, Common and Boylstoi .Streets 
 ihall be forever after kept open and free of buildings 
 
2 
 
 of any kind, for the use of the citizens? and to report 
 on the subject, have attended to the business confided 
 to them, with the diligence which its importance de- 
 manded. They have held repeated meetings, in which 
 the subject was discussed; they made an examination 
 of the premises iu company with the Mayor, several 
 of the Aldermen, and the City Surveyor, they care- 
 fully considered the plans and drawings which had 
 been submitted to the inspection of the citizens at Fan- 
 euil Hall, and divers other plans for different modes 
 of improving the premises, and have come to an unan- 
 imous opinion, that, under the present incumbrances of 
 the title, (hereafter explained,) it would he unsafe and 
 improvident, at the present time, to authorize a sale 
 of the property in question, and (three only of the 
 Committee dissenting) that it cannot be for the inter- 
 est of the citizens of Boston, even if the title was 
 perfect, that the upland and flats west of Charles 
 Street, should be sold for building lots. In support 
 of this opinion, the Committee submit to their fellow 
 citizens the following statement and remarks. First, 
 of the title — "The upland and flats lying west of 
 Charles Street," belong to the City by being a part 
 of the Common and by no other title. The original 
 location of the Common extended westwardly to the 
 tide-water, and the ownership of the flats is appurte- 
 nant to the upland as far as low- water-mark. By the 
 city charter the City Council have authority to sell 
 any part of the city property, except Faneuil Hall 
 and the Common, and it is this restriction only, that 
 prohibits the sale of the premises, which are a part of 
 the Common, without permission of the inhabitants. 
 In 1794, a right was given to sundry persons, to oc- 
 cupy a part of the premises, for ropewalks, on certain 
 conditions; by virtue of which, they entered upon and 
 continued to occupy them for that purpose, till the 
 present year. The City Council agreed to purchase 
 a relinquishment of this right of occupation, at a price 
 to be settled by reference 5 and have accordingly paid 
 
and becdH£ liable to pay fifty four thousand dollars, 
 and the ropewalks will very soon be removed. 
 
 On the 12th of October, 1813, an agreement waa 
 made with the petitioners for the Boston and Roxbury 
 Mill Corporation, and an apt of incorporation was 
 granted to them by the Legislature, on the 11th of 
 June, 1814, and confirmed with alterations, on the 
 19th of June, 1816. 
 
 In pursuance of that act, and on the faith of the se- 
 curity obtained by their agreement with the Town, an 
 immense sum of money has been expended by that 
 Corporation, and works in novelty and magnitude, 
 unequalled (with one exception) in the United States, 
 have been erected, which are too well known to our 
 fellow citizens, to require enumeration. 
 
 It is obvious however, that the existence of the mill 
 power of that Corporation, depends on their right to 
 maintain a receiving basin of sufficient size and capa- 
 city, for the water that is discharged at the sluice- 
 ways of their mills ; and it is equally obvious, that if 
 the right of the proprietors of the adjoining upland to 
 fill up to the channel, is now in full force, this receiv- 
 ing basin may be destroyed, and their works rendered 
 useless. 
 
 If the proprietors on one side can appropriate the 
 flats to building lots, those on the other must have an 
 equal right to do the same, until the whole receiving 
 basin is confined to the channel. 
 
 The City claims this right. The Mayor so stated 
 it, both by letter and in conversation with the Com- 
 mittee, and the plan drawn by Messrs. Paris & Hall, 
 lays out ranges of lots from Charles Street to the 
 channel. 
 
 On the part of the City it is maintained, that the 
 grant made by the Town, in 1814, is wholly void 
 and of no effect, because the Boston and Roxbury 
 Mill Corporation have not complied with the terms on 
 which it was made; and that so far as any claims of 
 that Corporation, are dependent on the act of the Le- 
 
4 
 
 gislaWe, the same are wholly invalidated by (lie non- 
 compliance of the Corporation, With the terms of 
 the act. 
 
 On the part of the Boston and ftoxbory Mill Cor- 
 poration it is contended, that the conditions of the 
 grant from the Town, were changed by the Legisla- 
 ture, in opposition to the wishes and interest of the 
 Corporation, for the benefit of the Town, with their 
 implied consent. That in 1820, when the works 
 were nearly finished on the present plan, the Corpo- 
 ration were allowed two years more for their comple- 
 tion, upon the original conditions, which must mean 
 such of them as might then be lawfully performed. 
 The Corporation so understood it, and went on in 
 good faith and performed them; and they contend, 
 "that any other construction would be a mere quib- 
 ble, discreditable to the character of the City." They 
 maintain therefore, that they have incurred no forfeit- 
 lire, and are entitled to all the rights and privileges 
 necessary for the successful operation of their great 
 enterprize, and have distinctly intimated « that an at- 
 tempt to fill up the whole space between Charles 
 Street and the channel, would be so ruinous to them, 
 that it would undoubtedly be opposed by all legal 
 means to the last." 
 
 The Committee have not thought it within their 
 province to ascertain, even if it were possible, which 
 of the parties have the right side of the question, be- 
 cause it is exceedingly obvious, that an important dif- 
 ference of opinion exists between the City and the 
 Boston and Roxbury Mill Corporation, as to their re- 
 spective rights ; and that this controversy must be 
 settled by compromise or by law, before it would be 
 safe or profitable for the City to engage in a specula- 
 tion, the success of which, can be only expected to 
 follow from an undisputed and unincumbered title to 
 all the property in question. 
 
 No prudent man could advise the City to give a 
 warranty deed of this property, while their right to 
 
5 
 
 do so, was in litigation, nor could any person, for the 
 purposes of actual occupation, be expected to purchase 
 a lot thus circumstanced, by a mere deed of quit- 
 claim. That speculators might be found to adventure 
 In sikh a lottery, is not to be doubted; but their in- 
 ducement to embark in the scheme, would only be the 
 diminution of price produced by such uncertainty of 
 title : the loss being the City's, and their's the gain. 
 
 The alleged right of the City, it appears, results 
 from forfeiture, and the failure of the Corporation to 
 perform its agreements: and these titles are not only 
 the hardest, generally speaking, to acquire, but al- 
 ways present questions of difficult solution; especially 
 when subsequent acts or agreements have varied the 
 original contract out of which they arise. 
 
 But if the right of the City was perfectly well as- 
 certained, yet should the exercise of that right be 
 ruinous to the Mill Corporation, it would certainly 
 deserve grave consideration, whether such exercise of 
 the right would be expedient and advantageous to our 
 fellow citizens. Might not some compromise of con- 
 flicting interests be made on terms mutually benefi- 
 cial? Is it desirable to destroy a vast amount of 
 invested and taxable property, on a scheme that may 
 or may not reproduce it in a different form ? 
 
 If the legal rights of the City may be exercised so 
 as to destroy or greatly injure the mill privileges of 
 this Corporation, those rights are a property which 
 the Corporation would be compelled to purchase at 
 any reasonable price ; and their value in this connec- 
 tion must be much greater than in any other mode of 
 disposal. If on the contrary, the Corporation have, 
 as they pretend they have, all the legal rights which 
 are necessary for the prosecution of their valuable ob- 
 jects, the great scheme proposed by the sale of lots, 
 cannot be carried into effect, because the title of the 
 City to a portion of the premises would not have a 
 legal foundation. 
 
 The Committee are therefore unauimously and de- 
 
6 
 
 cidedly of opinion, that no sale of the upland and flats 
 west of Charles Street, can be made, until this contro- 
 versy with the proprietors of the Boston and Roxbury 
 Mill Corporation is settled by a compromise or by 
 law. But it is important that this settlement should 
 be made as speedily as possible, and the rights of 
 both parties ascertained. 
 
 This subject being put at rest, as at no distant time 
 it may be, and the title of the City to the upland, and 
 the whole or part of the flats, being confirmed, the 
 question fairly presents itself whether the interest of 
 the City would be promoted by a sale. 
 
 The plan for the disposal of this property, which 
 was exhibited at Faneuil Hall, and which has been 
 carefully examined by the Committee, supposes that 
 the premises can be appropriated for three hundred 
 and twenty one house lots, that they would sell for 
 two thousand dollars on average of each lot. That 
 spacious streets and squares, or malls, may be laid 
 out, of uncommon ornament and convenience, at an 
 expense not exceeding fifty thousand dollars. The 
 picture, which accompanied this plan, displayed splen- 
 did and beautiful buildings, in blocks unequalled for 
 uniformity and elegance ; and whenever such a scheme 
 can be accomplished, these flats, now ten feet below 
 the level of Charles Street, and at present a marsh of 
 sedge aud mud, would be converted into magnificent 
 squares, where regularity of plan would be equalled 
 only by elegance of architecture; a vast amount of 
 property would be added to the taxable capital of the 
 City; a fund provided for the treasury to indemnify 
 itself against the losses of less profitable speculation; 
 and an addition made to the accommodations and 
 comfort of the inhabitants, beyond the utmost range 
 of all former improvements. 
 
 It has been the misfortune of this Committee to find 
 that this beautiful scheme, which looks so delightfully 
 on paper, is the delusion of a too sanguine imagina- 
 tion, laudably interested for public improvement, and 
 can never be realized. 
 
It is certain, from the foregoing remarks, that there 
 cannot be the number of building lots, which the plan 
 exhibits. 
 
 The City, it is to be presumed, will make some ar- 
 rangement with the Mill Corporation, which will 
 leave to them the enjoyment of their water privileges, 
 and of course some distance must be reserved between 
 Charles Street and the channel, not to be built upon. 
 
 If the Corporation are right in their position that 
 the City has no title to build to the channel, then the 
 proposed plan is incorrect. If the City's claim be ad- 
 mitted, and the Corporation must purchase a reservoir 
 by the payment of money, or by the relinquishment of 
 other rights, still, as the ground could not be appro- 
 priated for building lots, the number exhibited by the 
 plan is erroneous, and the amount to be received, cal- 
 culated by the sale of that number of lots, would be 
 proportionally reduced. 
 
 But the Committee do not place much reliance on 
 this objection, because according to their estimate of 
 the value of the ground for building lots, the number 
 would not materially affect the result; and they ad- 
 duce the fact only to shew the impracticability of the 
 scheme which has been submitted to the inhabitants. 
 
 After an adjustment, with the Boston and Hoxbury 
 Mill Corporation, instead of three hundred and twenty 
 one lots, the number on the plan; the Committee sup- 
 pose there would remain two hundred and eleven. 
 
 In order " to prepare and fit these lands suitably to 
 be offered for sale," a Committee of the Common Coun- 
 cil reported the materials, and estimate as follows : 
 
 "It will require a wall on the westerly side of said 
 land sixteen hundred and fifty feet long, five feet broad 
 at the bottom, and two feet at the top, and ten feet high ; 
 above the level of the street it will require a wall laid 
 in lime mortar, same length, three feet high, eighteen 
 inches broad at bottom, and twelve at the top, capped 
 with hammered stone. There must be a street, the 
 whole length running parallel with the wall, seventy 
 
8 
 
 feet broad, and four other streets at right angles with 
 Charles Street, one hundred and forty feet broad, each 
 must be filled With dirt a suitable and proper height, 
 agreeable to the plan herewith exhibited, drawn by 
 A. Parris, 1824, 
 
 The materials and estimate are as follows, viz. : 
 
 2.400 perch Stone, 82^ 6,000 
 
 1,650 feet, Wall in Mortar, 2,000 
 
 1.650 feet, Capping Stone, 12s, 3,300 
 
 2.400 tons Ballast Stone, 50 cts. - - - - 1,200 
 22,000 squares of Dirt, $1 §, 33,000 
 
 Making $45,500 
 
 "Your Committee cannot say precisely how much 
 will be necessary for the expenditure; they however, 
 with much confidence state that 850,000 will be the 
 extent of any requrmnent of the City, for the purpose- 
 of performing the beforenamed services and fitting the 
 land for sale." 
 
 This sum of fifty thousand dollars is for making the 
 streets alone, leaving the building lots In their present 
 condition. It includes nothing for the settling of the 
 ground, for paving or lighting the new streets, or for 
 the expense of ornamenting them, according to the 
 plan which was exhibited. The estimate is also made 
 on a presumption that the ground would fall off from 
 the level of Charles Street, four feet to the channel; 
 but the Committee cannot believe that it would com- 
 port with the convenience or style of the contemplated 
 buildings, to place them so 1ow t . They are of opinion, 
 that Charles Street and the adjacent lots must be rais- 
 ed at least four feet: and that the slope to the west- 
 Avard would bring the further lots to the present level 
 of that street. Even this would be lower than the 
 proprietors of such costly buildings would be willing 
 they should stand. 
 
 The Committee are of opinion therefore, that to 
 
9 
 
 prepare the land to be sold, without including the ex- 
 pense of paving, or lighting, or fencing, would requite 
 fifty oue thousand, four hundred and seventy eight 
 squares of earth. That the situation of the ground 
 and its great extent, would make the price two dollars 
 and fifty cents per square. Therefore, 
 
 57,478 squares, at S2 50, - 143,695 
 Wall, as per estimate, - - 12,500 
 
 8156,195 
 
 An actual expenditure must therefore be incurred of 
 one hundred and fifty six thousand, one hundred and 
 ninety five dollars, according to the calculations of this 
 Committee; instead of the sum of fifty thousand dol- 
 lars, as reported to the City Council. 
 
 In all estimates for extensive alterations, the amount 
 is invariably found to be too low. What is known can 
 be provided for, but the thousand casualties which oc- 
 cur in any great enterprize, bring their own sources of 
 expense, which cannot be foreseen. This must be ta- 
 ken into the account according to the view which may 
 be had of its probable amount. 
 
 The vast quantity of earth which would be required 
 for the purpose of raising this land, forms one obvious 
 item of uncertain expense. It is calculated, in the es- 
 timate of the Common Council, at one dollar and fifty 
 cents per square, for which sum undoubtedly a limited 
 number of squares may be obtained ; but to fill up the 
 whole ground on a level with Charles Street, will 
 take sixty two thousand two hundred and eighty three 
 squares : which, since the levelling of the hills and 
 other improvements in the City, could not be obtained 
 w ithout greatly increasing the price. 
 
 What price could be commanded for the lots after 
 the expenditure of fifty thousand dollars, according to 
 one calculation, and one hundred and fifty six thou- 
 sand dollars, according to another? 
 2 
 
10 
 
 This must be determined by the use to which the 
 lots could be applied. 
 
 The plan supposes they would be occupied for val- 
 uable and expensive buildings. 
 
 The Committee are of a different opiniou. It may 
 be said they should be sold, subject to the condition of 
 erecting brick dwelling houses. The answer is, with 
 that condition they could not be sold at all. 
 
 The lots on Charles Street might indeeft be sold for 
 that purpose, although there is a morass on a part of 
 that street, which would make the building of dwelling 
 houses in that part, a very unreasonable expense. But 
 the Committee are persuaded the lots could not be used 
 for valuable brick dwelling houses. They are too re- 
 mote from the centre of business. People are not yet 
 driven there from necessity, and would not go by 
 choice. In a great part of the laud, there is no spring 
 of water to be obtained. Foundations on made land 
 are insecure, and the walls of buildings liable to crack. 
 The nature of a made soil renders it peculiarly insalu- 
 brious in a greater or less degree, proportioned to the 
 extent of the surface which is made. The additional 
 expense of building on this ground after the lot was 
 purchased, would be a subject of serious consideration, 
 and it can hardly be doubted that the City's land on 
 the Neck, which has been a long time in the market, 
 would be a better site and command a higher price 
 than the lots in the second and other back ranges of 
 the proposed location. 
 
 Instead, therefore, of having the premises covered 
 w r ith substantial brick buildings, according to the pic- 
 ture, or occupied by an industrious and useful pop- 
 ulation, who must of necessity live near the centre of 
 business, they would be filled, if at all, by cheap 
 houses, ten foot buildings, miserable habitations, the 
 residence of disease, wretchedness, dishonest poverty, 
 and crime. 
 
 The profit of such an enterprize, if any thing could 
 be considered profit, which would recal and gather 
 
11 
 
 together the miserable population which lias hereto- 
 fore disgraced one part of the City, may be learned 
 from the experience of the proprietors of the Mill 
 Pond. 
 
 The situation of that property is vastly superior to 
 this, as a place of business. It is in fact, in the very 
 centre of the City, and contiguous to the market, 
 wharves, and all other places of industry and profit. 
 
 In the Spring of 1823, there was a negociation be- 
 tween the City and the Corporation, for the sale and 
 purchase of the lands then to be divided between the 
 parties. The Corporation offered to sell or buy, at 
 thirty cents per foot! The City chose to sell, aud ac* 
 tually parted with their property at that price. 
 
 The proprietors have paid in sixteen assessments, 
 a sum amounting, with interest, to one hundred and 
 thirty five dollars and sixty four cents on each share, 
 and have received dividends in land, which, with in- 
 terest, at the rate established by the City's sale, 
 amounts to one hundred and twenty nine dollars and 
 twenty five cents, so that the expense of preparing the 
 land for sale, exceeded the value of the land when 
 prepared, by the sum of six dollars and thirty nine 
 cents per share, in addition to the original price of 
 the share. 
 
 With all the excitement of private enterprize, which 
 invariably produces a better result than public exer- 
 tion, nineteen years have been consumed in filling up 
 only a part of that property, at a loss of six dollars 
 and thirty nine cents per share, to each individual 
 proprietor. 
 
 The Committee are of opinion therefore, that not 
 one dollar of revenue could be derived to the City, by 
 preparing the land for sale, and offering it in house 
 lots; on the contrary, they are persuaded that after 
 the expenditure of one hundred and fifty thousand 
 dollars, the public would find itself unable to recover 
 its advances, and be incumbered with the duty more- 
 
12 
 
 over of paving and lighting streets, and watching and 
 cleaning them, without any equivalent advantage. 
 
 The length of time necessary for carrying the 
 scheme into complete effect, is in itself a fatal objec- 
 tion to its being attempted by the City. A Municipal 
 Corporation has other objects and duties, than specu- 
 lation. Its officers are constautly changing, and can- 
 not carry on extensive plans, for a long period, to 
 advantage. If it be judged advisable to part with this 
 property, the Committee are of opinion, that it should 
 be done bv an entire sale. Let the whole risdit of the 
 City to the premises, be sold to a company or corpo- 
 ration, who should give security to pay the purchase 
 money, make and pave the streets, to the acceptance 
 of disinterested judges, and to build a brick dwelling 
 house, of uniform size, on each lot, within a given pe- 
 riod of time. This is all the public have to sell, and 
 the value of this conveyance is all they have any right 
 to demand. The very statement of it, shews the fal- 
 lacy of the expectations which some persons have 
 been encouraged to entertain. If it is of any decided 
 value, the magnitude or the difficulty of the enter- 
 prize, will not debar persons from engaging in it. 
 There is wealth and spirit enough in the community, 
 to embark in greater schemes than this would be, on 
 the fair expectation of a reasonable profit. But the 
 Committee are of opinion, that the property in its pre- 
 sent condition, or as it may be easily placed, without 
 any unwarrantable expense, is of vastly more value to 
 the citizens of Boston, than it could ever be made by 
 being appropriated to building lots. 
 
 These remarks however, on this topic, do not apply 
 to the whole ground. A part of the premises, lying 
 south of a line beginning at a point on Charles Street, 
 1350 feet southerly from the Dam, and opposite to the 
 south-west corner of the Common, and running west- 
 erly at an angle of 85 degrees with Charles Street, to 
 the City flats, may, in the opinion of this Committee, 
 without disadvantage, be offered for sale. 
 
13 
 
 This tract could be laid out into fifty seven house 
 lots. It could be easier prepared for building, than 
 the rest. It is as much as can be advantageously 
 used at present, and will not involve the City in any 
 very serious expenditure. 
 
 There are some objections which exist even to this 
 limited sale; but as the heads of the ropewalks have 
 stood on a portion of this land, less injury will arise 
 from replacing buildings there, than on any other part 
 of the land in question. 
 
 To any further sale, the Committee are of opinion, 
 there are manifest and insurmountable objections. 
 
 The premises in their present open and unobstruct- 
 ed condition, are in the first place, of great value, by 
 promoting the health of the City. By the blessing of 
 Heaven, the inhabitants of Boston have been in a 
 great measure exempted from fatal and contagious 
 disease. 
 
 They owe their advantage, under Divine Provi- 
 dence, to the salubrity of their climate, the purity of 
 their air and water, and the great attention which has 
 been paid to the cleanliness of their city. 
 
 The immense value of exemption from contagious 
 disease, can scarcely be realized, but by a contrast 
 with the multiplied forms of misery which have ex- 
 hausted themselves on our sister cities, when victims 
 of this horrible calamity. 
 
 It would be preposterous to propose any thing to an 
 individual, as an equivalent for health; and equally 
 so, to consider any possible pecuniary advantage as 
 an indemnity to the public, for the ravages of con- 
 tagion. 
 
 When the entire business of a whole population is ' 
 suspended; when they, who depend for subsistence 
 on daily labor, have the evils of sickness increased by 
 poverty; and those who enjoy habitations of tranquil- 
 lity and ease, are thrown houseless wanderers from 
 their homes, without the means of support; some re- 
 gret would be felt for the fatal disregard of those bar- 
 
1 1 
 
 riers which had hitherto resisted the irruptions of the 1 
 forniidahle enemy. 
 
 At the season of the year most exposed to pesti- 1 
 lence, the prevailing winds blow over the open green I 
 fields of the country, directly through the City, from | 
 one extremity to the other. There is over the open ] 
 space, which it is now proposed to alienate, a con- 
 stant current of fresh air, which revives and purifies 
 the entire atmosphere of the City, not confining itself, 
 as has been erroneously suggested, to the immediate 
 neighborhood of the Common, but reaching and cor- 
 recting, and revivifying w hatever has breath. 
 
 The great importance of this incessant stream, 
 which comes fresh from the very fountains of health, 
 into the noxious atmosphere of a crowded population, 
 diluting the force of disease and scattering the malaria 
 which are generated by the hourly avocations of so 
 many thousand beings in so limited a space, escapes 
 our attention, from the very fact, that we have been 
 constantly in possession of it. 
 
 It would be madness to hazard the advantages it 
 procures for us, on any scheme of even profitable spe- 
 culation. The Committee are of opinion, that to build 
 on the premises, in any manner, and much more to 
 permit such buildings as they think would necessarily 
 be erected, if the land be sold, would materially 
 change the current of pure air, into a mixed atmos- 
 phere, deleterious to the general health, and very 
 likely, at certain seasons, to generate infectious dis- 
 eases. 
 
 It has been supposed, that the land might be built 
 upon, without any interruption of air — The Commit- 
 tee come to a different conclusion ; and every person 
 they think must admit, that in the case supposed, the 
 quality of this health-giving current would be mate- 
 rially changed. 
 
 The Committee are the more anxious on this point, 
 because the obvious causes for general enjoyment of 
 health, which have hitherto characterized Boston, are 
 
15 
 
 in some degree changed, and will, in the ordinary 
 course of tilings, yearly diminish. 
 
 Our hills are red m od. The inequality of the sur- 
 face of the City is for the advantage of daily inter- 
 course hy one improvement after another becoming less. 
 Our buildings are more compact. The open grounds 
 and gardens, which formerly diversified the City, are 
 now appropriated to house lots; and in many old 
 streets nearly twice as many houses are erected as 
 were there ten years ago. The new parts of the City 
 are built with sjreat economy of room. Land which 
 will accommodate a house or store is too valuable to be 
 kept by an individual for any other purpose. We 
 have gained a vast deal, in many respects, by these 
 noble improvements; but it will be well to consider 
 how far we may go, without hazarding the great ob- 
 ject for which all the improvements were projected, 
 the convenience and enjoyment of life. It is easy to 
 silence all apprehension of any injury to the general 
 health of the community, by a confident assertion that 
 there is no danger. Possibly there may be none. 
 But is not the natural tendency of the proposed sale 
 to obstruct the free circulation of pure air, and does 
 not such an impediment under existing circumstances, 
 obviously tend to pestilence and disease? Let the 
 father of a family ask himself what compensation the 
 utmost value of the most extravagant profit ever imag- 
 ined in this scheme, would be to him for the risk of 
 his family's health, or the loss of one of his children? 
 It is to the middling and laboring classes that this 
 question addresses itself. The rich man can procure 
 shelter aud accommodation every where ; but the 
 Common is the poor man's garden. It is a richer, 
 more beautiful, more healthful promenade than the 
 most expensive establishments of luxury and wealth. 
 Is it to be injured on any consideration, or alienated 
 for any thing short of an extravagant remuneration? 
 Is this donation, which nature in her most admired 
 liberality bestowed on our forefathers, and which de- 
 
16 
 
 volves on us by inheritance, to be alienated from our 
 children, curtailed of its fairest proportions for the 
 poof consideration of a pecuniary advantage, even if it 
 possessed all the reality which an ardent imagination 
 has bestowed upon it? The Committee cannot re- ■ 
 commend to their fellow citizens to adopt a plan, 
 which in their humble apprehension would sacrifice 
 one of the most splendid Panoramas in the world, to 
 a mean cupidity for money: which would sell what 
 no wealth could ever repurchase; a plan that unites 
 the certain destruction of this splendid possession 
 with the folly of disposing of it without an equivalent. 
 
 The magnificent prospect which is now enjoyed 
 from the Common; the rich and diversified and lux- 
 uriant scenery, which spreads itself before us; the 
 picturesque hills, that rise majestically, around this 
 beautiful spot; a scene of unparalleled beauty, which 
 never fails to command the admiration of travellers, 
 and has hitherto been our pride; would, by the pro- 
 posed buildings, be wholly concealed behind a range 
 of brick walls. 
 
 It has been supposed otherwise, because the plan, 
 already often referred to, exhibits the water and hills 
 of Brookline and Roxbury, in full view, over the tops 
 of the contemplated houses. It is manifest however, 
 that a block of buildings, forty five feet above Charles 
 Street, would wholly obstruct the view of the country, 
 from a spectator in the Mali; and the Committee 
 found, with some surprize, that to avoid shutting out 
 this prospect, so much admired by every person of in- 
 telligence or taste, the Artist had taken ids perspect- 
 ive, not from the level of the streets in the vicinity, 
 but from the top of the pillars of St. Paul's Church! 
 It cannot be necessary to make any comment on this 
 extraordinary fact. 
 
 In the consideration of this subject, the Committee 
 have not confined themselves to the plan presented at 
 Faneuil Hall, for the inspection of their fellow citi- 
 zens. Having become- sensible that that plan was 
 
17 
 
 altogether erroneous, they attended to some others 
 proposed by different individuals; and indeed it is 
 apparent that if the power to sell should be confirmed 
 by the inhabitants, there is no guaranty that the pro- 
 posed plan will be executed, or ever attempted. The 
 power proposed to be conferred on the City Council 
 is without limitation or restriction, and would be well 
 executed by a resale to the Ropewalk Proprietors, or 
 other persons, for the same or other objects than were 
 formerly pursued ; and with liberty to erect buildings 
 of one story or four, as their convenience might indi- 
 cate, without uniformity of design or similarity of pur- 
 pose; and the Committee conceive that this alone 
 would be an insurmountable objection to an answer in 
 the affirmative to the first question proposed; as surely 
 their fellow citizens would not be willing to grant an 
 unlimited power to sell at any time or price, or for 
 any purposes for which land might be wanted. 
 
 It has been proposed by some persons, to convert 
 a part of the ground into a public Cemetery, with pro- 
 per Tombs, in which all classes of our fellow citizens 
 might be sure tht bodies of their deceased friends 
 would be sacredly preserved. This project is per- 
 haps one that deserves the most serious consideration 
 of the citizens, and has the strongest recommendation 
 of the Committee. They are aware that the difficulty 
 *of offering a plan of improvement for the premises, 
 wholly free from objections, would be invincible, but 
 the only ones that have been made to this, are, that 
 such an appropriation, may render the air impure, and 
 may not comport with the cheerfulness and pleasure 
 usually sought for in a public promenade. The first 
 may be obviated by the recollection which must oc- 
 cur to every reflecting mind, that the City Author- 
 ities, under whose management the Tombs will be 
 constructed, can and will carefully provide against 
 any such consequence: to the latter objection, as it 
 results from sentiment and feeling, any reasoning that 
 could be adopted might not effect its removal; but the 
 3 
 
18 
 
 Committee are strongly impressed with the belief, that 
 much opposition from this cause is not to be appre- 
 hended, when it is considered that the arrangements 
 and precautions used in this new Cemetery will dimin- 
 ish or cure an evil existing in the old burying grounds, 
 which will gradually fall into disuse in consequence 
 of better accommodations in this new one. In fact, 
 the objection will be founded upon an imaginary and 
 not a real inconvenience. Moreover, as this land is 
 separated from the rest of the Common, by Charles 
 Street, the cheerful and the gay need not extend their 
 excursions to a spot, where any abatement of their en- 
 joyment will be occasioned, while the contemplative 
 may there iudulge their feelings, with a prospect of 
 what can best produce a moral advautage. The Com- 
 mittee wish not to disguise their sincere opinion, that 
 great and indescribable benefits will be continued to 
 the City, by keeping the flats unincumbered with 
 buildings; and that, if a few incousiderable disad- 
 vantages shall really exist to the plan, herein propo- 
 sed, they ought to be merged in the good, they have 
 endeavored to prove, must result to this community, 
 by adopting it. Thus by consecrating this section of 
 the Common to such an object, the most permanent 
 protection will he given to the local superiority of 
 their City, over every other. They moreover think, 
 that the partial sale of the land, according to the plan 
 herewith presented, the sale of the tombs, and a sub- 
 scription by the citizens, (reasonably to be expected, 
 should this project be adopted.) will altogether, pro- 
 duce a greater revenue, than can be obtained in any 
 other way: and be at the same time, wholly free from 
 every objection that any other scheme would create. 
 
 A public walk, and free road to Brookline, are con- 
 templated by another plan; and accommodation for 
 military exercise and the deposite of military stores, 
 is provided by others. These are yet immature. It 
 is evident they are produced, not because the public 
 require these improvements, but in the earnest wish of 
 
19 
 
 good citizens to prevent an abuse of the property in 
 question, which they look upon as little better than 
 sarrilege. It cannot however, be doubted, that in fu- 
 ture time, the ground will be required for some of the 
 many objects connected with a great city, that may 
 unite profit with health. In the mean time, the land 
 will increase in value: every day adds to its worth: 
 and when hereafter, it is actually wanted, it will 
 bring more money into the treasury, for whatever 
 purpose it may be used, than now, when it must 
 chiefly be taken for objects of speculation. In coming 
 to the results, herein expressed, the Committee arc 
 happy to find, that they are not at variance with any 
 act or opinion of the City Government. 
 
 By proposing this subject for consideration, the 
 City Council have discovered that regard for the opin- 
 ions and wishes of their constituents, which entitles 
 them to confidence and respect; but it would be un- 
 fair to suppose that the presenting of a scheme for de- 
 liberation, implied a desire to adopt it. The reverse 
 is to be inferred from the fact that the City Govern- 
 ment have not accompanied their questions with any 
 recommendation, one way or the other; nor with any 
 statement of the practicability of any particular pro- 
 ject; nor with any official sanction of the plan which 
 was exhibited — and it is believed that, with the same 
 information which it has been the duty of this Com- 
 mittee to obtain, the City Council would come to the 
 same conclusion. 
 
 The Committee cannot, therefore, close their report, 
 without expressing the hope, that at a time, when the 
 wealth, the pride, and the public spirit of the citizens, 
 are every where devoted to the improvement and or- 
 nament of our beloved City, and to the maintenance of 
 its high reputation for the utility of its public institu- 
 tions; the comfort of its accommodations, and the in- 
 telligence and liberality of its inhabitants; a project 
 should not for a moment be encouraged, which would 
 despoil it of its peculiar magnificence. To recommend 
 
20 
 
 iis adoption, would be 10 suppose that, iustead of the 
 love of improvement, we had imbibed a spirit of deso- 
 lation; that we had become retrograde in civilization; 
 that instead of the intelligence and refinement of a 
 polished and cultivated age, the barbarism of Gothir 
 rudeness was revived, regardless, as it is ignorant, of 
 every thing beautiful in nature, or elegant in art. 
 
 The Committee therefore, having taken the liberty 
 to add three questions, to the two which were special- 
 ly submitted to their consideration, respectfully recom- 
 mend, that they should all be proposed at the same 
 time upon one ballot for the decision of their fellow 
 citizens. They are aware that in doing this, they 
 may subject themselves to a charge of having construed 
 their powers too liberally ; but, believing as they do, 
 that the public expected from them, the expression of 
 their opinion as to the best mode of appropriating the 
 flats, they are under the conviction, that this is the 
 most judicious method for ascertaining the sense of 
 the inhabitants as to that opinion, and that it will pre- 
 vent much inconvenience and delay. They further 
 recommend, that the answer to the first question be NO, 
 and that the answer to the four last questions be YES ; 
 satisfied in their own minds, that such replies, the pro- 
 priety of which, they trust will be established by their 
 reasoning in the foregoing report, will best promote the 
 sole object they have in view, the welfare of the City. 
 
 Question No. 1. Shall the City Council have au- 
 thority to make sale of all the upland and flats owned 
 by the City, lying west of Charles Street, on such 
 terms and at such times as they deem expedient ? 
 
 Question No. 2. Shall they have authority to an- 
 nex it as a condition to such sales, that the land know n 
 by the name of the Common, and lying between Charles, 
 Beacon, Park, Common and Boylston Streets, shall be 
 foreverafter kept open and free of buildings of any kind, 
 for the use of the citizens? 
 
 Question No. 3, Shall the City Council be author- 
 ized to bring the question of boundaries between the 
 
21 
 
 City and the Boston and Roxbury Mill Corporation 
 to a settlement, and for that purpose, be authorized to 
 renew or confirm the former grants aud acts of the 
 Town, with respect to said Corporation, on such 
 terms and conditions, as the City Council may deem 
 expedient: Provided, that no confirmation or convey- 
 ance be made, in virtue of their vote, to authorize the 
 erection of dwelling houses or other buildings, on any 
 part of the premises? 
 
 Question No. 4. Shall the City Council be author- 
 ized to prepare for sale, and to convey on such terms 
 and conditions as they may deem fit, so much of the up- 
 land and flats, as lay southerly of a line beginning at 
 a point, on Charles Street, 1350 feet southerly from 
 the Dam belonging to the Boston and Roxbury Mill 
 Corporation, and opposite to the south-westerly corner 
 of the Common, and running westerly, at an angle of 
 85 degrees, with Charles Street, to the bounds of the 
 City's flats: Provided, there be annexed to all such 
 conveyances, a condition that the Common and all the 
 upland and flats, lying westerly therefrom, shall for- 
 everafter, be kept free from, and unincumbered with, 
 all buildings? 
 
 Question No. 5. Shall the City Council, when- 
 ever in their opinion, the convenience of the inhabit- 
 ants requires, be authorized to lay out any part of the 
 land and flats, lying westerly from the Common, for a 
 Cemetery, and erect and sell Tombs therein, on such 
 terms and conditions, as they may deem proper? 
 
 All which, is respectfully submitted. 
 
 JNO. T. APTHORP, Chairman-, 
 
 JOHN BRAZER DAVIS, Secretary. 
 Boston, October 8, 1824. 
 
SKETCH 
 
 Of that portion of the Land referred to, in 
 QUESTION No. 4. 
 
BOSTON COLLEGE 
 
 3 9031 033 43015 8 
 
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 ODBLIUBM «N COLLEGE