F 74 .D5 H3 Copy 1 THE ANNEXATION QUESTION. CLOSING ARGUMENT B. W. HARRIS, ESQ., KOR THE REMONSTRANTS AGAINST THE ANNEXATION OF DORCHESTER TO BOSTON, BEFORE THK COMMITTEE ON TOWNS OP THE MASSACHUSETTS LEGISLATURE, TUESDAY EVENING, Willi •.'7, 1869. BOSTON: ROCKWELL AND ROLLINS, PRINTERS 122 Washington street. 1869 . THE ANNEXATION QUESTION. CLOSING ARGUMENT B. W. HARRIS, ESQ FOE THE REMONSTRANTS AGAINST THE ANNEXATION OF DORCHESTER TO BOSTON, BEFORE THE COMMITTEE ON TOWNS OF THE MASSACHUSETTS LEGISLATURE, TUESDAY EVENING, APRIL 27, 1869. BOSTON: ROCKWELL AND ROLLINS, PRINTERS 122 WASHINGTON STREET. 1869. '06 ARGUMENT. Mr. Chairman and Gentlemen : — I had hoped to be allowed the privilege, after having made the arrangement, which is certainly not agreeable to any of us, to make the closing argument for the remonstrants in the evening, — I had hoped, I say, to be allowed the privi- lege of addressing a full committee. Circumstances seem to have interfered to prevent it, and I now enter upon the closing argument in the hope that, if I cannot reach each member of the committee here, there may be some other mode by which the facts which I present and call to their at- tention may reach them. I had not the privilege of being present at the first hear- ing in this case, nor of listening to the opening argu- ment of the learned counsel for the city of Boston ; and the gentleman who appeared here for the petitioners from the town of Dorchester made no opening. I am left, therefore, somewhat to conjecture as to what are the grounds — the main grounds — upon which they propose to rely in the closing argument. I am obliged to take the case as I find it, and to present those considerations which seem to me to bear directly upon the question. I may be obliged to tres- pass upon your time longer than I should be called upon to do, did I know the grounds really relied upon. Gentlemen, it is well for us to ask, in the very outs tart, what it is which is asked of this Legislature of Massachu- setts. What is asked? Upon the record, it is that the town of Dorchester be annexed to the city of Boston ; and upon the record, which is before us, this is all. But I am told that tin learned counsel for the city of Boston an- nounced in his opening that this was but an initiatory step towards annexing to the city of Boston a very large portion of the suburbs, including West Roxbury, Brookline, Brighton, and many other towns. You are not, therefore, merely to decide whether or not it is proper to annex the town of Dor- chester to the city of Boston, but you are to remember here that the step now proposed is but the first step in a process which is to extend the city of Boston and its jurisdiction over the strongest, or at least the wealthiest, portion of the Commonwealth. I call your attention to facts and to figures, that we maj r know precisely what is asked of this Legislature. The population of the county of Norfolk, by the census of 1865, was 116,306. The population of the city of Roxbury, which has been taken away from the county of Norfolk, was 28,426 ; and it is now proposed to take from that county the population of the town of Dorchester, — 10,717. These figures are from the census of 1865. The population, of course, has increased greatly since then. But it is proposed by the counsel who appears for the city of Boston to take next, West Roxbury, with a population of 6,912. Next, perhaps, — at least, ultimately, — Brookline, with a popula- tion of 5,262. These are the towns to be taken from the county of Norfolk and annexed to the city of Boston, and they reduce the population of the county from 116,306 to 64,989. This, then, upon the single question of population. Now, sir, as to valuation. By the valuation of 1868, Norfolk county had $82,032,850 ; Dorchester, $15,326,300 ; Brookline, $14,870,700 ; and West Roxbury, $10,302,600 ; Thus $40,899,600 is to be deducted from a total valuation of $82,032,850. You reduce, then, the valuation of the county of Norfolk to $41,533,250, — a reduction of forty-nine and two-tenths per cent. But this is what was left of Norfolk county in May, 1868. You must remember that the city of Boston had already taken from the county of Norfolk, by the annexation of Rox- bury, a valuation of $26,551,000, as appears by the auditor's report of 1868. You therefore take from the valuation of Norfolk county, if you include Roxbury, $67,450,600, in an entire valuation of $108,583,850, and you reduce it sixty-one and seventy-five one-hundredths per cent. Mr. Train. — Are you right about that? Mr. Harris. — Precisely right. Mr. Train. — Your county valuation was made in 1868. Mr. Harris. — I ought to say that I have not been able to get the valuation of Roxbury for 1868, and I have taken its valuation for 1867. If there is any advantage in this, it is upon the side of the petitioners. I believe it has been in- creased some $2,000,000 by the valuation of 1868. So much for the effect of this measure upon the wealth and population of the county of Norfolk. Now, let us try the experiment upon the Commonwealth. I think I have taken the towns which are pretty likely to be annexed to the city of Boston,* if Dorchester is annexed. Roxbury has been taken. Dorchester is now asked for. In Brookline, agitation is already taking place on this subject, and it is announced here that it is to be taken. West Roxbury, Brighton, (because you must remember that Brighton lies within the embrace of the Charles and Neponset) ; Cambridge, in which agitation has existed upon this subject for some years ; Soui- erville, that is now knocking at the door of the Legislature, asking for the boon of annexation to the city of Boston ; Chelsea, in which, for aught I know, petitions are circulat- ing to-day, under the stimulus of this measure ; North Chelsea, Winthrop, and Charlestown, the annexation of which last has been a subject of consideration at this very session. By the census of 1865, and the valuation of May 1st, 1868, these towns have a population of 328,247, and a valuation of $618,053,447, which it is proposed to unite under one municipal government. What is the relation which this population and this wealth bear to that of the whole Commonwealth? The population of Massachusetts, by the census of 1865, was 1,267,031. The valuation of May, 1868, was $1,220,498,039. By the union of these cities and towns, twenty-six per cent, of the entire population of the Commonwealth, according to the census of 1865, now increased to thirty per cent, by the natural growth of the suburban districts in advance of that of the country, and fifty per cent, and a slight fraction over of the entire wealth of the Commonwealth, Avill be handed over to the city of Boston. Mr. Chairman and gentlemen, the question was asked here a day or two ago, how much the County Commissioners of Norfolk were going to spend of the public money in meeting this issue? I have in passing only to say, that if the County Commissioners of Norfolk should sit by and see this dismemberment of the old county go on without resistance, they would meet the merited contempt and scorn of every citizen of the county who did not happen to be an annexationist. Their duty is plain, and they are here attempting to discharge that duty through myself as their humble instrument. "When the city of Roxbury was annexed to Boston, the distinguished gentleman at the head of the committee who reported the bill undertook to soften and mitigate the blow in his report to the Legislature by these words : " The county of Norfolk, of which Roxbury is a part, can suffer no real injury by the union. "With her territory joining the united cities, her prospect and advantage for rapid increase in the future will be equal to any county in the State." The chairman of that committee appears here to-day, asking that you further dismember the county of Norfolk by taking from it three of the largest and fairest towns, not only of the county, but I might almost say of the Commonwealth itself. These words imported a promise that, when Roxbury was taken, the fair prospect of Norfolk for future growth should be left untouched by the Legislature for a period at least of more than two years. Having seen what is asked by these petitioners, permit me for a few moments to inquire who ask it, and how it is asked. In the first place, the city of Boston asks it. No, sir, the City Council of Boston ask it. Mark you, sir, that not one single man in this whole great city of Boston, who is not an office-holder under it, has been before you, either by petition or in testimony, to say that there is any necessity on the part of Boston for this scheme of annexation. The City Council of Boston, — and the City Council of Boston are sup- posed to know what they want, and why they want it, — on the 10th day of December, 1868, deliberately and solemnly, in the presence, I have no doubt, of my brother Train, per- haps actuated and moved by him, aided and assisted by that " intelligent committee " of Dorchester, who stood behind and assisted him, passed this order, giving the reasons for annex- ation : — " Whereas, iu the opinion of the City Council, it has become necessary, in order to complete the systems of drainage and harbor improvements which have been devised for the benefit of Boston by the various com- missioners who have had and now have these subjects in charge, to annex a portion or the whole of the town of Dorchester to the city of Boston, — " Ordered, That His Honor the Mayor be requested to appoint a com- mission of three discreet and intelligent persons, who shall carefully examine the subject, in all its financial, industrial, and sanitary relations, cause such surveys to be made by the city surveyor, or under his direc- tion, as they may consider necessary, aud report the result of their doings, with such suggestions as they may think proper, to the city council, as soon as may be." I shall have the honor, before I close, to try the reason assigned in this order by the testimony. I say the City Council alone ; and we are not so familiar with the secrets of the City Hall as to know how this happened to ema- nate from the City Council of Boston at precisely this period. We know this, however : that the City Council has not been supported and sustained by the written petition of a single resident or citizen of Boston. 8 The petition from Boston is in accordance with this general order passed by the city government in April, 1866 : — ". That whenever the City Council or Selectmen of any city or town, whose territory adjoins that of the city of Boston, shall notify the City Council of Boston, that in accordance with a vote of their respective bodies they are empowered to consult with the authorities of Boston with a view to the annexation to the city of Boston of their city or town, it shall be the duty of His Honor, the Mayor of Boston, to appoint three commissioners from the citizens of Boston to meet an equal number from the city or town making the request." I suppose the order which was adopted on the tenth of December, 1868, was in compliance with this general policy, that Boston shall take advantage of every apparent inclina- tion on the part of any city or town to become a part of this city, and reach out its arms, appoint its commissioners, and see if it cannot find some reason under heaven why it should come in and subject itself to the city government of Boston. But I will not dwell longer upon that subject. It is said that here are 860 names on the petition from the town of Dorchester. I have not counted them, but I believe the reckoning makes them fall short a little. Throw- ing off thirty-one names which happen to be written two or three times, and allowing for such inadvertent inaccuracies, which cannot but happen in such cases, you have about 829 names. The petition is labelled upon the back. "860 legal voters of the town of Dorchester."' We have shown that 233 of the names are not legal voters of the town of Dorchester. It is reduced, then, to 590. I will not undertake to be exactly accurate upon that point. Now, how were these names obtained, and what influenced the petition? Let us find out whether the 829 or 596 of the inhabitants of Dorchester, whose names appear on this peti- tion, so artfully worded, really desire annexation. TJ want the whole of Dorchester annexed, according to the peti- tion. The only word in capitals in the heading of that petition is the word "WHOLE." And why should such a peti- 9 tion come here? It is perfectly easy to explain it, sir. A line, which one of our humorous citizens of Dorchester has characterized as a " wheelbarrow line," was run through the town from the Roxbury line up to the centre of the town, setting the town-house upon one side, and the church upon the other, and running over to Granite Bridge. The people of Dorchester, remembering their glorious history, clinging to the associations of the past, loving the dear, good old town, immediately arose and cried out, "The whole or none ! " and that cry was echoed through every district, and every portion of the town of Dorchester. A hired messen- ger travelled through the town with a petition praying for the annexation of the WHOLE of Dorchester ; and he got 829 names, 233 of which are neither voters, nor, so far as we know, residents. "The whole or none." "We have had here, to-day, gentlemen who say that they signed that petition upon the statement that that was its object. I would not un- dertake to say, Mr. Chairman, that there are not the names of a great many men upon that petition who desire annexa- tion ; but I do maintain that there are many, very many, there, who, upon the naked question of annexation, will say No! Let us, then, not give to that petition the weight which is claimed for it, but give to it just the weight, if we can, to which it is entitled. This was a canvass, mark you, Mr. Chairman, in which the person canvassing, says, "We don't want Dorchester divided; but if they are going to take a portion, let them take the wdiole ! " You must remember, too, that the impression had gone out, and become quite common in the community', that a por- tion of the town of Dorchester must be taken, on account of the demands for sanitary purposes of the city of Boston. Mr. A. A. Childs came here this morning, and told us he signed it because he believed that the city of Boston must have it for sanitary purposes, and he desired to benefit the city of Boston. He went to the town meeting, and heard the beautiful orations which were there delivered ; he heard the 2 10 descriptions of the wharves lining the -whole shore from Mil- ton Lower Mills, along Dorchester Bay, clear round South Boston Point, and up to the Hartford & Erie Railroad station, which annexation is expected to create. We all know how much of fiction, and how little of real fact, " Oliver Optic " can put into any hook which he writes. Those of us who hap- pened to hear that oration know precisely how much of fiction, and how much of fact, was given on that occasion, to interest, amuse, and delight the audience assemhled in the town hall on that day. But Mr. Childs came away from the meeting, satisfied that nothing had been shown which indicated that Boston wanted any portion of the town of Dorchester for sanitary purposes ; and he comes here to-day, and tells you that he don't see any reason under heaven why Dorchester should be wanted by Boston. Now we come to another point, — the action of the town meeting. They say there were 544 voters in favor of annex- ation to 62 opposed. Mark you, again, the mode in which the matter is carried through the town meeting. Upon the question of appointing a committee to resist annexation, the vote stood two to one, — two opposed to the appointment of that committee, to one in favor of it. You may ask me, "Where are your remonstrants?" 1 say to you, even in that meeting, got up under circumstances so peculiar, — even in that meeting, upon a fair and square vote, one-third of the population resisted it. But Mr. Micah Dyer, Jr., with his accustomed shrewdness, gets up in the town meeting, and introduces this order : — "That the moderator of the meeting appoint a committee of fifteen to oppose any division of the town of Dorchester, and to advocate the annexation of the whole town to the city of Boston before the Legislature at its present session." Here we have it again : No division of the town! And on that vote, even Mr. Thomas Temple, an opponent of annexa- tion, among others, voted Yea. I say to you, Mr. Chairman and gentlemen, when you count upon 544 voters in that 11 meeting in favor of annexation, you mistake. The town of Dorchester has not had a full discussion of this matter. But I have a word to say about that town meeting. I do not wish to be severe upon anybody ; I do not mean to utter a word which may be considered personal. Bat I have had occasion in the course of this investigation to animadvert somewhat upon the conduct of the chairman of that meeting. It did seem to me that Mr. Upham, who was last year the chairman of the committee chosen to oppose annexation, but who happens to be, this year, a convert to annexation, — it did seem to me a little strange that under his management fair play could not have been a little better secured. It did seem, I thought, that, where a majority of the committee op- posed to annexation, of which he was chairman, had a writ- ten report ready to present to the meeting, Mr. Upham did not do quite the fair thing in reading a report signed by himself as chairman, and having it acted upon before the majority of the committee could get a chance to make it known that they had a report ready, and he the chairman of the meeting too. I thought then, and think now, he did not give the opponents of this measure quite a fair chance. But this is, after all, of very little consequence. This petition and this vote were very much influenced by the cry that had gone abroad in the town, and which had made an impression upon many people, "that a portion of the town must inevitably be surrendered to Boston for sanitary rea- sons." Whether that cry had any foundation in fact, we will see by and by. But how was that meeting constituted? Mr. Putnam, who runs a large nail factory, hires two four-horse wagons, and hires 42 voters to go and vote for annexation. My brother Train may object to the statement in that form, and I will state just what he did. He had 42 voters in his employ who would vote in favor of annexation, and he said, "Boys, I will pay you your wages, nothing shall be deducted from your day's labor, and I will pay your transportation up and back, if you 12 will go and vote for annexation ; " and they M r ent. It is a very easy way to carry a town meeting, if yon only have men enough in your employ. Now proper efforts to get out voters are perfectly legitimate. Nobody objects to them ; but when one wants a half-inch pipe from the water-works in Boston carried to his factory, for the purpose of sup- plying water for his steam-engine, it is not quite right to hire voters and. transport them to the polls, and then claim that a majority so obtained is indicative of public sentiment. I rather question the integrity of such efforts to get votes in a matter of this nature. Mr. Temple comes in here, and tells you that another ele- ment entered into this question ; that a certain portion of the community who believe in selling rum, under the excellent administration of Mr. Pope and Mr. Upham, while the old liquor law was in force, were obliged to shut up shop and take down their signs ; and in his neighborhood it was said by this class of people, "Let us go to Boston, and then the d — d State -constables can't reach us." How far that had any influence, I don't know. It may be that it did not influ- ence many votes ; but it seems to me that it is a matter for your consideration. 1 make these comments that you may understand that all this show is not quite substantial ; that there is a little some- thing here which may well be scrutinized. Why, gentlemen, Hon. Marshall P. Wilder, a man of very general reputation in Massachusetts, who has stood up in Dorchester town meetings for forty years, or ought to have done so, was not known in that meeting, it is said. The}' did not respect his gray hairs, and they hissed him and hooted him, at first, although he came to speak on their own side. The} r w r ere not the substantial men of the town of Dorchester who came there to vote. Not that I would say that there were not many of the very best citizens of Dor- chester in that meeting ; the wealthiest, the most intelligent, 13 if you please, — men whom I highly respect, — advocating an- nexation ; but what I mean to say is, that there were some others there, new to the place, and influenced by other con- siderations than the welfare either of Dorchester or Boston. The meeting was noisy, and not such as we should expect in that town. Mr. Lorin*j.,*f* Deduct interest on Dorchester's debt, 2,928 Making $38,516 *To be assumed and paid by Dorchester each year upon the old debt of Boston. * The auditor's report, to whose pages reference is made, is the report of 1868. The report for I860 is not yet published, but the figures of April 1, 1S69, used here, were fur- nished by the city auditor. It is sometimes claimed that the water debt of Boston will extinguish itself by receipts from the water rates, and ought not to be reckoned as a part of the city debt. How far this is true, appears from the auditor's report of 1808, as follows : — Interest paid on the water debt, $515,245 Expenses of the Water Board, 148,462 Total expenditures, Receipts from water rates, Balance of expenditures over receipts, $111,868 Showing that the water works are actually increasing the city debt at the rate of over $100,000 a year. The'Chestaut Hill Reservoir is not included in this statement. 6 42 I do not see any escape from those figures. I have tried to be entirely fair in this matter. If I am wrong, I hope I shall be put right. Dorchester is left to raise the beauti- ful little sum of $38,516 annually, as her contribution towards the payment of interest on the debt of the city of Boston. I do not believe this matter has been carefully in- vestigated. The people of Dorchester cannot be aware that they are to take upon their own shoulders $355,000 of indebtedness, for which they must be responsible, and a present interest of $38,000 annually, and with a prospect of an increase in the future. These are some of the objections which may be urged. There are many others ; but I say now, — coming to the last subject to which I shall have the honor to refer, — that this whole scheme is contrary to the public policy of this Com- monwealth. I stand here, Mr. Chairman and gentlemen, and claim, I believe, with very good reason, that neither of the petitioners, neither the city of Boston nor the town of Dorchester, have made a case upon a single oue of the propositions. Gentlemen may say to you, "Oh, well, if we have not made out a good case upon any one of the prop- ositions, yet upon the whole we may have done so. I was taught, early in my study of the law, that when you under- take to establish an affirmative proposition by many facts, every link in the chain of evidence must be fairly proved ; any link not being proved, the conclusion fails. I do not understand how you can make a good case out of a num- ber of propositions together, each of which has, separately, utterly and totally failed. I cannot understand how you can make out any case for annexation upon the general, broad whole, when every one of the single propositions has utterly and totally foiled, and even been abandoned in the presence of the committee. Sewerage, harbor improve- ments, schools, sidewalks, police, everything has failed, and yet you may be asked to come in and say that, upon the whole, the annexation scheme has not failed. . 43 I undertake now to say that this scheme is contrary to the public policy of this Commonwealth. I may be wearying the committee, but perhaps they will bear with me while I read a few extracts upon this question. I know this is elemen- taiy, and you may think it unnecessary that I should spend my time and yours in attempting to prove to you that which is elementary, a matter of history, and to which every man in the Commonwealth will say "Yes ; " but it seems to me that in a matter of this consequence I am justified in asking your atten- tion to a few general propositions. I have shown you that it is proposed to put one-third the population and one-half the wealth of the State under the control of the city of Boston. My brother Train cannot es- cape from this. Although the record says, "the annexation of Dorchester," yet he says, and his clients are saying, " not Dorchester alone. We must have a magnificent, grand me- tropolis, including all the towns in the neighborhood of Boston." I argue the whole question. I say, before you take the first step upon the journey towards this consolidation of wealth and power, you will be recreant to your duty to the Commonwealth, unless you determine the question whether it is in accordance with the policy of the Commonwealth to build up great, overwhelming corporations like this which is proposed. Let this scheme be accomplished, and how soon will you have the City Hall rivalling in power the State Plouse itself? Go on with your schemes of annexation, and the City Hall rules Massachusetts. His Excellency the Governor sinks into insignificance in the presence of the Chief Magistrate of the city. To-day, Mr. Chairman and gentlemen, — I wish to impress it upon you, — to-day the dis- bursements of the city of Boston, the patronage aud power of Boston, by her money, exceed that of the State. The treas- ury of the city of Boston wields more patronage and power than that of this Commonwealth. If you grant the prayer of these petitioners, you are entering upon a course not in har- mony with the general spirit of our government. The treas- 44 ury of the Commonwealth, gentlemen, with a city like this, united in interest, united in power, and all her representatives acting together in the Legislature as one solid phalanx, — the treasury of the State becomes simplj* the treasury of the city. Are you prepared for this? Who will deny the proposition? Boston, when she knocks at the door of the Legislature, is always heard. I am not one of that class of men who love to rail against the power of Boston, and I would not have you understand that I would join in that clamor which is some- times raised, that Boston rules the State. I do not believe in it. Boston has her proper and just influence upon the great interests of the Commonwealth. Boston has intelligence, and wealth, and public spirit, and a thousand other things which fit her for high positions in government ; but Boston never, in my judgment, should reach the position where she will have it in her power to dictate the policy of the State. New York rules the Empire State ; and you propose, here in this Commonwealth of Massachusetts, to erect one single corporation greater really in strength and power than the balance of the State itself; not by the annexation of Dorches- ter alone, but by what is to follow. New York is able to transfer her Mayor to the Chief Executive Chair, in spite of the votes of, and in opposition to, the political sentiment of a vast majority of the people of that great State outside of the city. Do you want to extend this evil? Mr. Quincy comes in here and tells you, that, in his judgment, such great municipal corporations are a misfortune, a calamity to the State. You, Mr. Chairman and gentlemen, must consider this question and determine it, before you take this new departure upon this road towards consolidation. Now is the time to settle it. If you do not settle it now, the day has 1 assed by, and Massachusetts surrenders herself to Boston. You may think me somewhat enthusiastic in this portion of my argument. I simply say, that when you consolidate so many municipalities ' in one, you make their interests identical upon some points. Whenever the interests of Bos- 45 ton are in controversy, — her real or imaginary interests, — every one of her representatives; coming from any portion of her wide territory, will hold up the flag of Boston, and will fight under it in the halls of legislation. Now they divide, they do not all concentrate together. In this connection, permit me to read a few short extracts from the first volume of De Tocqueville's " Democracy in America," — a work which has become an accredited authority on the subject of American institutions : — " The American Revolution broke out, and the doctrine of the sov- ereignty of the people came out of the townships, and took possession of the State. Every class was enlisted in its cause ; battles were fought and victories obtained for it; it became the law of laws." — (p. 70.) " Town-raeetiugs are to liberty what primary schools are to science; they bring it within the people's reach ; they teach men how to use, and how to enjoy it. A nation may establish a free government; but without municipal institutions, it cannot have the spirit of liberty." — (p. 7G.) " The township, taken as a whole, and in relation to the central govern- ment, is only an individual, like any other to whom the theory I have just described is applicable. Municipal independence in the United States is, therefore, a natural consequence of this very principle of the sovereignty of the people. All the American republics recognize it more or less ; but circumstances have peculiarly favored its growth in New England." — (p. SI.) "The native of New England is attached to his township, because it is independent and free ; his co-operation in its affairs insures his attachment to its interest; the well-being it affords him secures his affection; and its welfare is the aim of his ambition and of his future exertions. He takes a part in every occurrence in the place ; he practises the art of government in the small sphere within his reach; he accustoms himself to those forms without which liberty can only advance by revolutions ; he imbibes their spirit; he acquires a taste for order, comprehends the balance of powers, and collects clear, practical notions on the nature of his duties and the ex- tent of his rights." — (pp. 85, 86.) In the "Galaxy " for the present month, there is an article on "The Great Danger of the Republic," from which I read the following passage : — "Under a representative system, the nearer a representative is to his constituents, the more faithfully and honestly will he carry out their wishes and guard their interests. In our small States there is much creater purity in the administration of affairs than in the large States. 46 And experience in respect to official conduct shows, that the further power exercised by a public officer is removed from the people, the larger the constituencies, and the more remote the objects of legislation from the particular attention of the people, the more the sense of individual responsibility is lost, and the greater will be the opportunity and tempta- tion for misrepresentation, infidelity, and corruption on the part of the representative. In small States the public officers perform their duties in the very presence and under the immediate eye of their constituents. They cannot abuse their trust without immediate exposure and dishonor. This is the chief cause of the success of the Swiss republic. And, in this particular, our government is like that of Switzerland, except that it has its foundations in the towns, a smaller political division of the country, and a most invaluable nursery of republicanism. The cantons of Switz- erland correspond with our counties, and these are composed of the towns, each of which possesses considerable power of self-government in its domestic affairs. Our counties, also, exercise a large degree of local legislation and control in respecUto matters of internal administration, and these couuties compose the States. The strength of our system lies in this distribution of powers. The small local republics of our towns and municipalities educate our people in the principles and practice of self- government, and thus preserve among them, pure and fresh, the spirit of freedom and republicanism." I also read the following extracts from the debates in the Constitutional Convention of 1853 : — " I would guard, with jealous care, the independence of these local assemblies, the town meetings, which are the fairest growth of liberty, and in which the best security for its protection is to be found. " These local, separate, and independent assemblies through which the life-blood of the national heart flows and circulates, in which matters are discussed important enough to awaken interest, but not important enough to awaken ambition, are the fountains from which our political prosperity has flowed. May they ever remain as pure as they have hitherto been. What is the primal excellence of this Commonwealth that we so honor and love ? It is, that it is an aggregate, and not an interfusion, of these local communities. The several towns that make up this Commonwealth do not, like drops of water, part with their own identity to swell the general stream, but they rather blend like flowers in a garland, or stars in a con- stellation, each retaining its own light and its own beauty, but each con- tributing to the light and beauty of the whole." IIox. George S. Hillard. " I venture to assert that the government of cities is shown from the history of the world, to have been universally bad; but history furnishes no instance in which a government vested in the country, has ever been exercised for the oppression of the city. Never." Hon. George S. Boutwell. 47 Turn where you will, among the authors who have written upon this subject, and you will lind the same principles ex- pressed. Here is a document which I found, printed, among the papers connected with the annexation of Eoxbury. It is a remonstrance by George Morey and thirty-two others, among whom are the late Josiah Quincy, Sr., and John A. Andrew, in which they protest against the doctrine of consoli- dation, and in which the Hon. Josiah Quincy, Sr., denounces this whole subject as an abomination in his eyes. Having gone over the ground to show you, as I think I have, that the case is not sustained on the part of the petition- ers ; that the various reasons given by them are not such as ought to move you to grant their prayer ; and having spoken as fully as I think I ought, under all the circumstances, of the true policy of the Commonwealth in this respect, — I come now to the only remaining topic to which I think it necessary to advert. I ask you if there is not some other way to an- swer all the demands of the city of Boston ? I am not here with any particular theory of my own, and I am not entitled to take any credit to myself for having any theory at all upon this subject, for the matter has been brought to my attention by discussion with my associates here, and with other gentle- men ; and I am led to put the question to you, whether there is not another way to meet the fancied wants of the city of Boston. If, Mr." Chairman, there are any wants connected with the subject of sewerage ; if any of the towns which drain them- selves into the Charles or the Mystic, or into the Bay of Boston or Dorchester, ought to be under one jurisdiction for streets, for public highways, for sewerage, — I do not see that we are at a loss to know how to accomplish that end. What is a county ? A county extends over a large number of munici- palities for certain definite and fixed purposes, and the busi- ness of the county is committed to the hands of a tribunal called County Commissioners. The city of Boston has its Street Commissioners and its Harbor Commissioners, — the 48 latter, I believe, acting under the jurisdiction of the State. Take the towns. The Selectmen take charge of the govern- ment of the town, and expend a certain amount of mone} r in a certain direction.. They have a certain jurisdiction, the Overseers of the Poor another, the Surveyor of Highways another, the Treasurer another, and so on through the whole list. All the authority in a town is divided, and there is no one responsible head, except that from which it springs, — the people. Now, sir, suppose you should erect a quasi county here, and should elect a board of commissioners, a portion of them to go out of office yearly ; electing them for a period of time sufficiently long for them to have a plan and maintain it ; electing them by districts, and giving into the hands of that central board the power to go out and provide streets and drainage for all this county, and have the direction of rivers and harbors throughout this great municipal district, — will you have anything that has not been heard of before, in this country? Will you have advanced a single step upon any new invention? I think if there is ever to be any consolidation of this immense territory under one govern- ment, it must not be one government for all purposes, but a government for those matters only which can only be an- swered by a union of the territory. If you desire to take from the county of Norfolk for these purposes every inch of her territory, there is nobody here to object. If you want to put Middlesex and Norfolk and Suffolk together, who can find a word of fault? Give this district as many broad ave- nues as she can pay for. Give to Boston and to the suburbs all the advantage of drainage which they can possibly get. By the union, put these subjects under one power. I think, Mr. Chairman, this is a plain proposition, and one that can be appreciated by every citizen of Massachusetts. We see it in operation every day. I have broached this sub- ject to some of our annexation friends ; but I have generally found them to be wedded to their annexation scheme, and 49 they thought I had got off into the region of wild imagina- tion, — that the thing was too complicated. If it is more complicated than the present management at City Hall, I beg to know how. Give to this Central Board, elected by the peo- ple, perfect control over as large a metropolis as you please. Extend Boston as London has been extended. Let Boston be known, at home and abroad, if you please, as a city of a million inhabitants, and a hundred miles in area. Save us simply those rights which are in harmony with the old and well-settled policy of this Commonwealth, — the distinctive characteristic and feature of the Commonwealth. Give us those things, we will take care of our paupers, we will pro- vide all our local charities, we will put our streets in perfect order and condition, we will take care of our schools, for Dor- chester can take care of her schools as well as Boston can take care of them for her. Leave us in the enjoyment of that in- dividuality and identity which belong to us, and you may take all those powers which simply relate to streets, drains, and those things which are for the universal public advan- tage. Take them all, and we shall be harmed not at all. Here is a map of the city of London and its suburbs. The city of London proper covers but a very small space on this map ; but, so far as the streets and sewers are concerned, all this territory is managed by a Board of Public Works, elected by the several municipalities. My partner has handed to the committee the law passed in 1855, making this provision. Now, I ask, Mr. Chairman and gentlemen, not that you adopt any scheme of mine, not that you step a single step in the waj*- of reporting it ; but I ask you, before you begin the process of consolidation by annexing Dorchester to Boston, and commit the Commonwealth to this daring scheme, to pause and see Avhether or not you cannot safely say to the Legislature at this session, that the subject of annexation has now assumed such magnitude that you feel it to be a duty to recommend the appointment of a wise and learned Commission to take this Avhole subject into consideration, to sit during the next recess 50 of the Legislature, and mature a plan which in their judgment will meet the wants of this community, preserving, so for as they can, the separate municipalities, and report a measure to the next Legislature. If that action is not satisfactory, and cannot be made so, we shall have the advantage of an investi- gation which is not partisan in its character ; an investigation which will be deliberate, cool, and careful ; a Commission ap- pointed to act for the interest of the State as well as for the interests of the people of Dorchester or Boston. I submit, Mr. Chairman and gentlemen, whether it would not be quite as wise, when we are embarking upon a new and great enterprise, to give the people of the Common- wealth time to consider whether this, the first step, shall be taken. Take the first step, and it can never be recalled. If it is a wise step, a proper measure, and there are reasons for it which satisfy your minds, or can satisfy the minds of a wise Legislature, any objections must give way. But I believe, and I think, gentlemen, you must in some respects sympathize with me in that belief, that, as we stand to-day, the friends of annexation have failed utterly to prove that necessity or that great public emergency which can justify the commencement of a process by which a corporation is to be erected which shall control forever after the policy of the State. Carry out this policy, and New Bedford may take the towns around her ; Taunton may step in and say, " I want to be a great city, and I will take everything there is here;" then will come Springfield, and say she is in the western part of the State, and she will take within her limits all there is up to the New York line ; and Worcester will come in and say, she is the heart of the Commonwealth, and she will take the balance. Begin here, and you may as well partition out the old State between the cities ; let them erect their independent governments and manage the thing as a confederacy of independent cities. Begin the process here, and Worcester and Springfield may, with the same pro- 51 priety, ask an extension of their borders for the very same reasons that have been given here. Mr. Chairman and gentlemen, I owe you an apology for having trespassed so long upon your time. I did not intend to occupy so much of it. I can only excuse myself by say- ing that I have felt it my duty to touch upon the various topics which have fallen under observation. I thank you very heartily for having given me so patient an audience. LIBRARY OF CONGRESS 014 077 461 3