PUrCSKNTKl) liV t\«. ^ ' - ^R&UMEISrT IN OPPOSITION TO THE PROJECT OF ANNEXING BOSTON AND ROIBURY. BY NATHANIEL F. SAFFORD, APRIL 10, 1867. '':( •^titL FE J 'i i 1 b 1 u y. '\ 5.1' IN OPPOSITION TO THE PBOJECT OF ANNEXINd BOSTON AND EOIBUEY. BY NATHANIEL F. SAFFORD. the theme is roxbury. Mr. Chairman and Genti.ejien, Two hundred aud thirty-seven years was this city in building, and wilt thou destroy it? To answer this question, of such unusual magnitude, is the duty devolved upon you as legislators. Viewed in its I'elations to the past, it is a theme of vast significance. In its present and immediate eflect, it devolves upon you weighty responsibilities. The consequences which may ensue are so important that the subject demands the most patient investi- gation and the highest exercise of legislative forecast, wisdom and discretion. At a recent session of the Legislature, this subject occupied the Com- mittee during a considerable portion of that session, and the views of the remonstrants on the part of the city of Roxbury, were ably aud elab- orately presented by Edward Avery, Esq. Appearing then, as now, in an official relation, in behalf of the county of Norfolk, a relation as strictly official as your own, the remarks which I then submitted were quite fully reported, and I take occasion to place in the hands of your Committee, the arguments of Mr. Aveiy and myself, and thus abbreviate the extent of the present discussion. Nor am I unmindful that my sphere of duty concerns only one of those manifold relations which subsist on the part of these cities. This hearing, in one respect, presents a marked contrast to the frequent hearings that have been had during seventeen years last past. No crowds of opponents to the proposed measure, throng these halls to-day. No long catalogues of remonstrances from towns in the County, no resolutions of town meetings, no protests by citizens in their individual capacities, are heaped upon your tables to-day. The respondents bring not here, as heretofore, a long array of witnesses to confront the schemes of the petitioners. No eminent advocates are retained to parry the assaults of the ingenious and experienced counsel of the petitioners. WANT OF NOTICE. And why? The citizens of Roxbury came here and answered that ques- tion. — That they had not received the notice the law requires to be given, and they therefore witlidrew.* They had the right to presume that in a matter of tliis momentous interest to them as citizens, and to the Common- wealth as their sovereign, the legislature would be bound by its own laws ; that if not, if that plighted faith was violated, the Commonwealth and not themselves would be the chief sufferer. . That was the judgment of your Committee. It was sound judgment. ■ You reported to the Legislature the result. You gave the petitioners leave to withdraio. Your course was the only possible or consistent alternative. How, then, is it that I appear here to-day, representing, at this late hour of the session, the couutj^ of Norfolk? Because, after you had reported, 07i the same day the Senate directed you to hear the parties. What parties ? The petitioners, of course, are here. But the city of Boston is not represented here. The citizens of Koxbury, majority or minority, are not before you. Yet to all these, the decision of this ques- tion involves their most important rights, and their dearest interests. Hence my voice almost alone is heax'd in remonstrance against this measure. It is no answer to say there was practical notice. When the requirements which the law prescribes are not complied with, the respondents are justi- fied in relying upon the defence which the law prescribes. ALLEGED PRACTIC.VL NOTICE. But was there practical notice ? Had not these petitioners omitted to give notice because they themselves did not anticipate a hearing at this session? Did not Mayor Lewis of Roxbury in his message use these words : " I am informed, however, that it is doubtful if the subject will be presented to the Lcfi^is- lature at its coming session." And why did not the petitionei's anticipate a hearing, and why was Mayor Lewis in doubt? Because after seventeen years of discussion and rejection, the petitioners had sought out a new mode of operation. The City Council of Boston had adopted an order that whenever the City Council or Selectmen of any city or town, whose territory adjoins that city, should represent that they desire to consult with the authorities of Boston on the subject of annexation, the Mayor shall appoint three Commissioners, to meet an equal number from the city or town making such request, and they shall report upon the subject, etc. So far then from having any practical notice of this hearing, every citi- zen and corporation interested, had a reasonable assurance that these cities would take some action upon the report of the Commissioners, before any legislative action was invoked. No such action has yet been * The city of Roxbury is not represented here. had on the part of eithei' eity. Neither city has yet submitted the question to the vote of its citizens. It was therefore submitted to the discretion of your Committee that inasmuch as the petitioners coalJ not avail themselves of that report as a basis for further action, no hearmg upon the merits should occur at this late hour of this session. In a contest expensive and wearisome as this has proved in the years that are past, it seems that the opponents of this measure, had the right to rely, with confidence, on the existing order of things, — the right to presume, that existing organizations must continue. True, the case is not a new one. Petitioners and respondents can but reiterate old, worn and threadbare arguments, re-assert old opinions and well-settled conclusions. It would be unsafe, therefore, to assume that any less formidable resist- ance now exists than has heretofore existed on this subject. The Constitution provides that any town of 12,000 inhabitants may adopt a city charter, upon its acceptance by a majority of voters. When such charter is obtained and accepted, it ought not to be repealed or annulled by any legislative action less solemn or deliberate than occurs in the adop- tion of a constitutional amendment. The mode of repeal is of as high a nature as the mode of its creation. §uch a constitutional amendment would remove these impoi'tant subjects from the ordinary range of legisla- tion, and be productive of salutary consequences. But the petitioners again urge the old argument and say that their inter- ests and aflections, almost their very existence, are identitied with the municipal interests of Boston, and not with those of Roxbury. The respondents, on the other hand, claim that their interests, their attachments, their local pi'ide and influence, are all identified with Rox- bury as it is, that they love its traditions, and repose securely under its municipal government. HEARINGS. When we consider the many hearings which have been had before legis- lative committees, and the weeks and months of protracted discussion which this subject has occupied, it is diflicult to invent a new topic or pre- sent, in a new form, an already exhausted argument. REPORT OF 1852. In a city document of Roxbury, dated 1852, it is stated that that was the third year the subject had been before the Legislature. The result to which that committee came is reported in Senate Docu- ment No. 108, dated April 15, 1852, and reads as follows : COMMONWEALTH OF MASSACHUSETTS. In Senate, April 15, 1852. Tbe Joint Standing Committee on Towns, to which was referred the i^etition of Isaac T. AUard and others, praying that the city of Roxbury might be annexed to Boston have duly considered, and examined with all the care and diligence of which they are capable, during a protracted hearing of the evidence presented before them, both for aud against the union of the two cities ; and have come to the conclusion, that although Boston at some future period may include within her limits not only Roxbury, hut all the towns and villages with, in a circuit of four to six miles, when such a union will be sought by the city herself, to make room for her inhabitants, and to increase her influence and popularity abroad; but, in the opinion of your Committee, the exigency had not yet arrived when it would be advan- tageous for the citizens of Roxbury to change their municipal relations, or for the county of Norfolk to dissolve its connections with the city of Roxbury. All the wants and difficulties complained of by the petitioners can be as well supplied and remedied wihout annexation as with it. And further, it was not in evidence before the Committee, that there was a majority of the ftgal voters of Roxbury desiring annexation. Your Committee therefore unanimously report, that the petitioners have leave to withdraw their petition. By order of the Committee, Zenas D. Basset, Chairman. The report of the City Council of Koxbury adds : "We cannot conclude this report without acknowledging our obligations to the Hon. John J. Clarke and William Gaston, Esq., for their professional services, voluntarily given to the city, in opposing the prayer of the petitioners. By careful preparation prior to the hearing, by their vigilance in guarding the interests of the city, by professional skill and untiring industry during the protracted hearing, they contributed largely in bringing this question to a happy and successful termination. The Committee would therefore recommend the adop- tion of the following resolves. "All which is respectfully submitted. " For the Committee, " Samuel Walker, CJiairman." Then follow the resolutions of thanks to those gentlemen for having contributed largely towards the defeat of a project not in accordance with the wishes of a large majority of their fellow-citizens. VOTE OF ROXBURY. Thus we see that after seventeen or eighteen years of legislative expe- rience, while the petitioners have been always vigilant to press this cause whenever opportunity otlered, their request has been uniformly denied. At one time the city government of Roxbury referred it to their citizens, to determine whether they should petition for an act of annexation, and the whole number of votes cast in favor of it, in Eoxbury, was 262. Since the first movement on this subject, many of the wants of Koxbury have been supplied, and time and events have removed many of those dilTiculties which were supposed to obstruct the progress of Roxbury — what were problems then, have been since solved — arguments for annex- ation have been swept away with the disappearance of the reasons on Avhich tlicy were based. During these protracted and exhausting discussions, several thousands of legislators have occupied these halls, but the result has been always the same. Never have the people of any city, of either city or town, voted in its favor. Never, so far as ray knowledge extends, has the project received the sanction of the city government of either city. No Senate or House of Representives has approved it — nevei', a city has asked for it — not one, now. Neither aid or encouragement has ever been rendered by the county, nor by any town in the county, but always and ever the reverse. Yet the petitioners have been always vigilant. They have sojourned or been heard iu almost every chamber here — in the Senate and the House — with galleries ci'owded, and without — with the lobby, and without — with politicians, and without — Avith lawyers, and without — with mayors, dis- trict attorneys, and governors as counsel — with past members of the General Court, and with new members — before committees of different members, and of the same members (impartial all) ; at the caucus — in con- vention of county, city and ward — for days and weeks and months — at morn and noon and late at night — in carriages, and out — at the view and on the highway — on the stump, at the polls, through the press, iu season and out of season — always, ever, with the same invariable result, but never before without due notice. In the main, the petitioners have been the same. Mr. AVhiting, first; Mr. Whiting, last — year one, year fifteen. The same persistent opposition, until to-day, when the evidence, the argu- ment, the wliole subject, has been literally exhausted, and well-settled leg- islative conclusions are engraven in the record, stereotyped and litho- graphed in a manner that defies the citation of a parallel case in legislation, we are called, at this late hour of the session, to listen again to these bur- densome details, at a time when neither city asks for annexation, and when neither is represented before your Committee. Yet these cities themselves comprise almost one-fourth part of the entire population of Massachusetts. HAS THE ASPECT OF THE QUESTION CHANGED? Have then the conditions which affect this inquiry in any material respect changed during the period of these discussions ? Assuredly, as little changed, as could occur in a matter of such magni- tude, except that the reasons for annexation have ceased to exist. It was one of the earliest predictions that gradual changes of time and events would provide for the wants of Roxbury, and any assumed obsta- cles to her progress would one by one be removed. Most signally, has that prediction been verified. Now if the county of Noi-folk is to receive great and lasting detriment from such act of annexa- tion, it may, nevertheless, be true that it would be the duty of tlie State and the county to suffer some detriment iu view of the benefits which would be conferred upon the city of Roxbury, or the cities of Boston and Roxbury conjoined by such annexation. If then, such benefits and advantages are to accrue to Roxbury or Boston ; or if these cities are to be relieved thereby from certain serious burdens which now press heavily upon them, it would be the duty of those suflering less comparative detriment, to submit to annexation as promo- tive of the genei-al good, though attended with incidental detriment to other existing organizations. It becomes necesssary therefore, to consider these relative alleged ben- efits and advantages to Roxbury, and ascertain the effect to be produced by annexation upon Roxbury herself, and see whether there are any reasons why any citizen of Roxbury should desire it, more especially as that citj' now comprises an integral portion of the county of Norfolk, and every citizen of that city, whether in the majority or minority, has impor- tant rights and interests involved in the result. REASONS OF 1852. As early as 1852, some of the arguments urged by Mr. Whiting and others were vm follows : Referring to Roxbury. " That for three or four years our unfortunate city has come to a stand, comparatively speaking; " Tliat in order to drain, we must drain through Boston ; " That we want better streets; " That eide-walks are wanted, — the Boston system to compel persons to make side-walks ; that great public squares are wanted ; that the city government of Roxbury are not apt to go into such generous improvements as are wanted ; " That Boston wants more native population, — that thus a successful effort could be made to save the capital of our State from falling under the control of foreigners, thereby averting a destiny which will involve ourselves, no less than our friends, in a common mis- fortune ; " That Boston wants to increase the number of her citizens, who will take and pay for the Cochituate Water; " That Roxbury owns public property worthless in her hands, unless she has Boston to drain through ; "That Boston wants us to pay our share of her public debt; " That it will improve the value of our real estate; that we may have our streets graded, surveyed and widened, and side-walks and shade trees; that we may have protection against fire by the introduction of hydrants; that we may more easily negotiate our mortgages; " That we may have public malls, scxuares ; nd fountains, the ornaments of our city, attracting to our borders gentlemen of wealth and good taste; " That we are opposed by city officers, by peculiar private interests, by honest men mis- led, by fair-minded men who fear change." PRESENT PROSPERITY OF ROXBURY. Such were some of the opinions of that day ; but iu this day, neither entertained, or if entertained, not uttered. The Commissioners' report assures us, that instead of " coming to a stand " during the last ten years the increase of population in Roxbury has been fifty-four per cent, and of capital tifty-one per cent ; that from 1855 to 18G5 its ratio of increase was larger, much larger than that of nine of the neighboring towns and cities (Somervillc, with its comparatively small population, being the only excep- tion). In his annual address the present year, Mayor Lewis says : " Perhaps we have never welcomed a new year which promised more satisfactory results than does the present. The capacity of our laboring and mechanical classes is tested to the utmost; the prospects of the tradesmen are satisfactory, our manufacturing interests largely on the increase; dwellings are no sooner oftcred for rent or sale than tenant or purchaser is found therefor, and in every direction within our borders general prosperity and happiness prevail." He adds : "The decennial census, lately completed, discloses the gratifying fact that the population of this city (Roxbury) has increased the last live years (notwithstandhig the existence of the rebellion) in a greater ratio than is the case with more than one other city iu the State. " Although the relative ratio in tlie matter of prosperity between Roxbtiry and the other municipalities of the State is not shown in the census just taken, it is believed that our increase in this respect has been as great as our population." He adds : " No one can reasonably doubt that from its great natural advantages, aided by an enter- prising and industrious people, our augmentation will be rapid hereafter." « Such is the united testimony concerning the prosperity of Roxbury, to-day, when contrasted with Mr. Whiting's "unfortunate city in the stand-still of 1852." SEWERS AND DRAINS. Again, how entirely is the case of the petitioners reversed in the matter of the sewer and drain. ''Then, they must drain through Boston." To-day, "Boston must drain, say they, through Eoxbury." It was early testified by Mr. Parrott, Civil Engineer, see City Doc. No. 6, case of AUard and others, that it was " determined by the committee to have no reference to the drainage of Roxbury but to conline them to the territory and present limits of Boston; " " that the sewers of Boston line would be such that Roxbury could not drain into them; " "that a sewer for Roxbury could not well be constructed by going out of the territory of Roxbury." And how is this verified in the experience of this day? Roxbury is constructing, and will soon complete, a sewer, at an expense of $(!8,757, all the way in her own limits, of capacity sufliicicnt to accom- plish every purpose which it is desirable to accomplish, in all that portion of her territory adjoining the Back Bay. It is more than probable, had annexation occurred, that this sewer would not have been constructed, for years to come. To remove the last obstacle, Mayor Lewis says in his report : " As this city (R.) has not the authority to lay sewers through private property, this priv- ilege will be asked of the next legislature." It has ever been maintained by the respondents, that although the chan- nels to Roxbury were adapted only to a limited commerce, there could be no practical impediment in reaching tide waters for all the purposes of sewerage, — for its marginal lines were Back Bay and South Bay, and as Mr. Tyler experienced in his adventure on the Neck, the trouble was not so much to reach tide waters, as to keep the water out. At a former period, the rights of the Boston Water Power Company in the water of Back Bay, interposed some hindrances— but this obstacle is also removed, as the contracts for filling entered into between the Com- monwealth and the Company, make it for their mutual interest, as well as for the mutual interest of both cities, to provide all such sewers and avenues as shall enhance the value of their lands. So far as the Common- wealth has an interest in those lands, Mr. Purdy informs us tliat they are already within the limits of Boston and subject to her jurisdiction. It is not suggested that any lack of authority exists on the part of the Back Bay Commissioners, to provide for their own territory, but if so, that authority can be readily enlarged. The condition of Church Street, so often referred to as the " Church Street Nuisance," should have no weight in this case. It is a portion of territory entirely within the limits of Boston, near the Common and the Public Garden. The nuisance has been occasioned by the filling of those lands which intervene between Church Street and the Bay. It is a duty of the city to provide a remedy. Mayor Norcross, in his annual address, accepts the situation. Roxbuiy, certainly should not be compelled to contribute to defray the expense of that remedy. Mr. Clapp testifies, that some time ago, there was a pond on Northampton Street in a state of nuisance ; if not in Boston, it was near to the South Channel. Thus hindrance after hindrance has been removed, and the improvements making by the cities of Roxbury and Boston, the Commonwealth, the Boston Water Power Company, the Boston and Providence Railroad Company, and by individual enterprise, in the territory known as the Back Bay, will soon rescue it to an improved sanitary condition, and it will cease to be alluded to as an incident in the argument for annexation. It is understood that the marsh lands in Roxbury are private property, and a change of jurisdiction does not of course operate a change of title. STREETS. Again : As to better streets and sidewalks and shade trees. You have viewed these avenues ; have not these wants also been provided for ? In 1865, Boston had one hundred and two miles of streets, accepted as such. Paved forty-four miles, macadamized twenty-four, graded and grav- elled thirty-four. To these should be added, perhaps, thirty miles more of unaccepted ways, including those located upon the Back Bay lands. You saw the condition of Roxbury with its thirty miles of streets. I submit with all confidence to the judgment and observation of any man who ever travelled a highway, that, to-daj^ the condition of the macada- mized and graded and gravelled streets of the city of Boston, most of them the outer range of avenues, will bear no comparison in excellence of condition with those within the limits of Roxbury; and if, by force of annexation, the condition of the avenues in Roxbury are to be reduced to what may be called a suburban condition, Roxbury will be immeasurably the suft'erer. These wants have been provided for; these causes have been removed. But, it is said, thoi-e may be conflicts of jurisdiction in the laying out of streets from Boston to Roxlniry. Such conflicts, in a given case, might exist, — but there is no evidence of any such conflict in point of fact. No case has occurred, so far as I liave known, for fifteen years, of any differ- ence of judgment between the authorities of Boston and the Board of Commissioners for the county of Norfolk. The interests of the cities in these respects, are mutual. The avenues on the Back Bay lands are already projected by the Commissioners of the Commonwealth, and as projected, they will be undoubtedly constructed, and to these Roxbury will conform. But where are the avenues to be located, of which Mr Whiting speaks ? Roxbury has already six or eight great thoroughfiires leading out to towns in the county ; and where can we have others ? Begin- ning at the easterly margin, we have the street known as East Street, — straight and sufficiently spacious ; the street towards Stoughtou Street, Dorchester, wide, and lined with dwellings on either side; then Grove Hall Avenue, Shawmut Avenue, the highway to Jamaica Plain, Tremont Street, the highway to Brookline, the Mill Dam Road and Mill Dam Branch, all of them wide and spacious streets, some of them sixty feet wide or upwards, — avenues that will not require widening, — to the city of Rox- bury there will be no mutuality in taxation for the widening of the nar- I'ow streets of Boston. "Where, then, besides upon these avenues, whose condition is fixed beyond the power of change by the warehouses and structures and dwell- ings that line their boundaries, where else, through Roxbury, are we to get these fancied wide and magnificent avenues leading out from Boston to Roxbury, which Mr. Whiting sees in his vision of annexation? Make the most of it, there could hardly be more than one or two of them at the Back Bay lands, and these would be likely to diverge when they approached the Highlands, or seek the direction of Brookline. So far from any conflict of jurisdiction about streets and avenues, the chances of such conflict are daily diminishing. CONTROL OF FOREIGN POPULATION. Next, at former hearings, the petitioners alleged, not so much that Bos- ton wanted land, as a native population; and this argument was artfully addressed to the timidity of the rich, and the prejudices of nationalities. Time with its scythe whicli has been so perpetually mowing down the rea- sons for annexation, has at last swept this also into oblivion. For, after a few years of growth, the census determined that the foreign element pre- vailed in Roxbury quite as extensively as in Boston. I quote from pages 18, 19 and 20 of Mr. Avery's recent argument in which he furnishes the statistics. " Roxbury stands figure by figure, shade by shade, almost in the precise position of Bos- ton : about fifty per cent foreign and fifty per cent native, with a little in favor of Boston, the per cent of native here being a little larger than in Roxbury. Out of 733 births in the city of Roxbury during the year 1863, there were but 164 American — less than one-quarter of the whole. Turn to the statistics of Boston and but a little better state of things exists — 1,230 out of 5,255 births were of native parents; the balance were foreign. The following table shows the proportion of children born of native and foreign parents in the two cities for the three j^ears, (1860 to 1863). PROPORTION OF CHILDREN OF AMERICAN PARENTAGE. Born in Boston in 1860 1 to 3.98 " " Roxbury in " 1 to 4.09 " " Bo.ston in 1862 1 to 3.9 " " Roxbury in " 1 to 3.93 2 10 Born in Boston in 1863 1 to 4.27 " " Roxbury in " 1 to 4.46 WHOLE NUMBER OF CllILDREX BORN IN THE TWO CITDiS. 1S60, whole number of children born in Boston, 5,182 ; American parentage, 1,302 " " " " Roxbury, 785; " 192 1862, " " " Boston, 5,258; " 1,345 " " " " Roxbury, 786; " 200 1863, " " " Boston, 5,255; " 1,230 " " " " Roxbury, 733; " 164 He adds : " If there be anything in the suggestion, if it be true that the control of affairs in Boston is likely to come into the hands of the foreign population, it is equally true that by the an- nexation of Roxbury, you only make that certain which is now but possible." "I do not say, he adds, that you desire to ' Americanize Boston,' to use the flash phrase of the lobby; but if j^ou do, the annexation of Roxbury will not tend to do it. The figures will not warrant any such conclusion; the facts, will not bear out the proposition, and therefore I leave it, praj'ing you, if you ever consider it, to take the simple figures as they exist and determine the question for yourselves from them, rather than from me." . COCHITUATE WATER. Next. — Another reason alleged in those days, for annexation was, that Boston desired to increase the number of her citizens who will take and pay for Cochituate Water. The report of the Water Board in the appendix to the present Commis- sioners' Report efl'ectually silences that argument. On the 19th page the Commissioners say : "If Roxbury should be furnished from our works and the present rate of increase in her population continues, the limit of our water supply would be reached in a little less than five years. " The ijrcsent conduit they say, when put in good repair, can safely convey only 18,000,000 gallons per day." "Under these circumstances and conditions (they add), we are very positive in the opinion that if any material increase to our present stock of water is needed, we must seek an addi" tional source and convey it to the city by an entirely independent conduit." Mark this — an additional source — an entirely independent conduit. And are there not rivers, ponds and sources of supply far less distant from Roxbury than Lake Cochituate? And cannot that city as readily command those sources without the aid of Boston, as with it? Have not Charlostown and Cambridge and Salem provided for their necessities? And where in Massachusetts, can be found a more abundant supply of pure water than flows from the springs and fountains, ponds and rivers near the Blue Hill range, or the ponds of Sharon, and the like, but a few miles distant from the doors of their dwellings? "Are Abana and Pharpar better than all the rivers of Israel?" If the conduit is not large enough now, of what a^ail Avould it be to turn the sources of Concord River into Lake Cochituate, as Mr. Whiting proposes. Roxbury already has an acqucduct from .Jamaica Pond which supplies a portion of the city. Let Roxbury adopt the plan of an indcpeudent supply, and for aught I 11 know tlie day may not be far distant when Boston herself may wish to avail of the surplus waters which Roxbury can furnish. Why then subject the citizens of Roxbury to bear their poi'tion of the heavy water debt of Boston, if there must be new sources aud independent conduits, even though the new work be borne at the joint expense of S6oO,000 more? Is there any economy in the city of Roxbury paying her share for mains and conduits which were calculated for a city of 250,000 inhabitants, from a lake fifteen or twenty miles distant, with expensive reservoirs on Beacon Hill, at South Boston, Brookline and Newton? Viewed as a business operation, would it not be imposing an unreasonable burden of taxation upon the -citizens of Roxbury, and this also, without any corresponding advantages to the citizens of Boston ? Thus time sweeping on like a river, has borne this water question also, to that ocean which leaves no wreck behind. In regard to protection against lire, the Mayor's Report refers to three steam fire engines already the property of the city, and reservoirs are being provided adequate to their wants. The advantages to be derived in facilitating the negotiation of mort- gages, has also ceased, in a considerable measure, to arrest the attention of an5'body. And so far from being opposed mainly by city officers of Roxbury, as alleged in the hearing in 1852, and reiterated by Mr. Whiting at this hear- ing, it would seem by the roll of past mayors, who argue and testify here, that past officers certainly were quite as active in favoring this movement as are present officers in opposing it. EFFECT ON VALUE OF REAL ESTATE. Another argument, strongly pressed in years past, but about which we hear less and less as the tendency of the argument is developed, is that it would improve the value of the real estate iu Roxbury. To this, our answer is that the effect might be not to improve but to depress, or quite as probably it would produce no very material effect in this respect. What would be the result, is purely matter of speculation. One might argue that the heavier burden of taxation which must devolve upon the houses and lauds of Roxbury, would cause these estates to be less sought for than now, and that efforts would be again made such as were made thirty years ago, on the part of wealthy citizens, to remove outside the limits of the city and avoid its taxation. Another would say that if the Highlands of Roxbury are to prove so attractive to the wealthy classes of Boston as Mr. Whiting supposes, demand would cease for the lands now owned by the Commonwealth in the new city of Back Bay. If the effect were to leave in that city large tracts of unoccupied lands, for which there should be no demand, with heavy and burdensome taxation, lands held by wealthy proprietors in large parcels, waiting long years for opportunities for sale, as was the case for so many years at Soutli Boston and East Boston, the consequences would be such as should be deprecated. But whether one way or the other, it is an unworthy motive for legisla- tion. For the demand created in one locality depresses the interest of a 12 less favored locality, and the Legislature has a higher province than to operate upon the graduation of market values. And were the theory cor- rect that the values of Roxbury lands in large tracts would be enhanced, which is denied, still it is manifest that such inflation would, if it occurred at all, be a sudden result, and though it should affect the prices on any one day, or at any one time, and benefit the landholder of that day, yet this influence would cease the moment that market value was once determined. Now the landholder in any one year is no better entitled to this prospec- tive, tentative, speculative benefit than in any other. So far from giving countenance to such motives of legislation it is the duty of judicious legislation to regard rather the interests of the great masses. These are they who need your protection. The inquiry is not whether it will raise the value of the lands of the man of wealth and leisure who may have tracts to sell, but whether it will confer upon the mass of the people better facilities for obtaining good homes and moderate for them (the middling classes) the onerous burdens of rent and taxation. It was one of Mr. "Whiting's complaints in years gone by, that the citi- zens of Eoxbury were indifferent to their municipal interests. Well, to-day, he says, Boston herself lacks energy. Thus the opinions of to-day follow close upon the heels of those of yesterday. There can be no doubt that the effect produced by a large city is to paralj'ze and restrict the influ- ence of the individual voter, and more particularly of the citizen in the humbler walks of life. To secure the greater accountabilitj", the more direct control by the voter in local afftxirs, is the true New England policy. In a population of 28,000, represented by the fraction 1-28, the influence of the voter in all local matters is practically far proportionably greater than in a city of 220,000, represented by a fraction 1-220. At one period of this discussion Roxbury claimed, I think, the owner- ship in a very considerable portion of Back Bay. As the sands of the hour- glass have run their course, this also has dropped out of the discussion, for the Supreme Court decided adversely to her claims. In years that are past, some desired better accommodations at Dedham Court, and such have been provided. Then they labored diligently to convince the voters of Roxbury that their city was irretrievably plunged into the abyss of debt, so that its rescue was almost hopeless. What says Mayor Lewis in this year's Message ? "A year flince the city debt was $1,040,195; this year, $948,195. 'I congratulate the citi- zens,' he says, ' th.it the first step for many years, in this direction, has been taken,' referring to the reduction of the debt." He adds : "Were it not for the introduction of pure water, I know no object for which the public debt should ever again bo permanently increased." 13 PRESENT CONDITION. I will read the words of Mayor Lewis as to the condition of aflfairs in that city : " The "Watch and Police Department, although pmall, considering the extent of our terri- tory and its contiguity to the metropolis, is composed of men of sound morals, correct hab- its, firm in the discharge of duty, indefatigable in the detection of criminals and the preven- tion of crime. I hesitate not to say that as a whole, the effectiveness of our day and night police is unsurpassed by any of similar extent, in any other city." Of the Schools, he says : "It is highly gratifying to know that these institutions are, as a whole, second to none in the Commonwealth." Of their Forest Hills Cemetery, he says : " Its attractiveness is still on the increase. It cannot be otherwise than that the interest of our people in the cemetery will increase day hy day. Sucli being the case, with judicious management, it must become tlie most attractive spot in our neighborhood, combining as it does, such essentials to this end, as sacred associations, natural beauty and the embellish- ments of art. With these facts spread before you, gathered from the highest of official sources, can it be possible that a wise legislator would disturb this con- dition of unsurpassed prosperity? Can anyone believe that these schools, these important and manifold departments of municipal interests, would be as well administered should Roxbury be converted to a precinct, at the most remote point, on the extreme outer wing of the joint metropolis? SUBURBAN CONDITION. I do not too strongly state the condition of " a suburb." The Commis- sioners' Report, upon which much stress seems to be placed, uses language which will be applicable to Roxbury, more especially when such a scheme of annexation should be consummated. It says : " Like all suburbs, the residences of the poorest of its population in character and intelligence." I And no ftiult with the truthfulness of that remark ; but it seems an unusual motto to decorate therewith the banquet hall of annexation, to which Roxbury is so persistently, year by year, invited. MORE LAND. But the petitioners say also that Boston wants more land, that Boston wants more vacant land, and vacant land is what the residents of Roxbury have to furnish; and so here is a want and a supply — a most happy coin- cidence. One wants land, the other has it ; has it to keep, has it to sell. Now, as the city of Boston has seldom permitted her wants to be known at any of the hearings on this subject, and as the principal managers here have taken upon themselves, as citizens of Roxburyj both to make known the wants of Boston, and to provide for them, it is a remarkable circumstance in the case, that the principal demonstration upon the subject 14 of both the wauts of Boston, and the supply of those wants by Roxbury, comes from the petitioners from Roxbury herself, and the supply exceeds the demand. Now what are the facts in relation to the area of Boston? The appendix to the Commissioners' Report, estimates the area as follows : In available unimproved land in Boston proper 340 acres. Already built upon and improved, about 630 " Area East Boston .. 660 acres. Built upon, etc 170 " Available and unimproved 490 " Flats improved and unimproved 543 " Total, ultimately available 1,033 acres. The upland 304 acres, and marsh 416 acres of Breed's Island 720 acres. The filled area of South Boston is 675 acres. Built upon and improved 285 " Leaving of available unimproved land 390 acres. Flats on the northerly shore, about 600 acres. They add : " When the wliole territory within the present limits of Boston, is peopled as densely as the portions now built upon, our population will amount to near 600,000. "As yet that population has reached only 192,000." If Ave inquired whence comes this statement that Boston wants more land, it would seem as though the object was to annex Boston to Boxbury, rather than Roxbury to Boston. Is it then that Boston wants more land, or that " more land'' Avants Boston? True it is that in some favored localities, large dwelling-houses are con- verted into stoi'es, and as the channels of trade change, warehouses again become the tenements of the poorer portion of the citizens. But these stores occupy but comparatively little area. And by the filling of the Back Bay and flats, land has been provided quite equal to the demand. The project is noAV entertained of filling three hundred or four hundred acres more of flats at South Boston. Now if Boston wants land, does she want land at Roxbury ? Not at all. The land which is serviceable to her is land in immediate proximity to her centre. Hence, the wealthy congre- gate upon the new-made lands near Beacon Street and the Public Garden. The working classes have no alternative but to be content with dwellings such as they can procure in proximity to their daily labor and avocations. Neither of these classes have yet manifested any desire to appropriate the Highlands of Hoxl)ury. Notwitlistunding the horse-cars have frequent trips, those lughlands are not quite so accessible as the petitioners repre- sent. It is convenience of access which is most to be desired. And with such access, there is no objection to separate municipalities. This article from the Neio York Herald of yesterday,, illustrates the tendency to choose those neighborhoods most easily accessible : 15 " GROWTH OF BROOIvLYN. " The rapidity with which Brooiilyn is being huilt up is really wonderful. A quarter of a century ago it was little more than a good-sized village, and now it is the third city in the Union. It has an opera house, theatres, a park, and a Common Council which supports jobs — so that it possesses all the elements of civilization. If it continues to progress in the same ratio for the next ten years, it may even dispute with us our metro- politan preeminence. Jersey City and Hoboken are also making rapid strides in population and wealth, with a prospect of still greater progress, from the fact that thousands of acres of its swamp lands are now being reclaimed by capitalists. This will prove a vast additional area for building, manufacturing and agricultural purposes. Owing to the narrow confor- mation of our island and the difficulty of getting up town with any degree of comfort, much of the population which we might get will necessarily continue to flow in these other direc- tions. They are more convenient to Wall Street and other business centres, and as commer- cial men have no time to lose, they naturally choose the neighborhoods which are most easily accessible. It is obvious that unless increased facilities of up-town travel are provided the growth of our city will be entirely arrested in favor of that of our sister cities." Thus the true interest of Roxbury is to be as close as possible in prox- imity to Boston, but under a separate and distinct municipal organization. If Boston wants land, it is for habitations. If there is to be a benefit derived in increase of population, other cities and towns would welcome those benefits no less than Roxbury. The truth is, that an inspection of that city, of its streets, its long ranges of wooden houses and its varied conditions shows that there is a great equality in the public expenditures of that city, and that a great inequality mtist exist between those of Roxbury and Boston. INEQUALITY OF WEALTH AND TAXATION. The Commissioners' Report, on the 11th page, exhibits this contrast of conditions : The property of Boston $1,934 per liead. " Roxbury 831 " " The tax in Boston $30.91 " " " " Roxbury 17.84 " " Now, as the taxinRoxbury in 1805, when these statistics were had, was in rate about twenty-one, and at a much larger rate than usual, while Boston did not raise sufficient to meet her annual expenditure, it would be fair to say that the amount of tax in Boston, per head, was as thirty-two to sixteen, or double what it was in Roxbury. If the rate in both cities should be considered the same upon a thousand dollars, yet Roxbury, by entering into this expensive partnership, would be held very properly to pay her full share towards a government twice as expensive as her own ; and would only await an increase of her resources to accumulate the same double burden of taxation. The result would be that Roxbury would not be entitled to an expenditure in her precinct equal to her present local expenditure, even though she should pay the same tax as now on her present valuation. It is obvious that if Roxbury is anuexed to a city twice as expensive as her own, and that expense is occasioned by objects of expenditure for 16 which she has no occasion herself to provide, she would not for that reason be exempt from her full share of the joint burdens. After having borne her proportional part of those extra burdens for which she has now no occasion to provide, the share of appropriations for improvements which would fall to Roxbur}^ must be much less than she realizes from her present independent taxation, and which she now applies to her own separate use. The effect of annexation would increase her taxes, appropriate a lai'ge portion of the taxes thus paid by her citizens, to objects of joint expense towards which she now makes no contribution whatever, and, by conse- quence, reduce the relative share of the joint moneys to be disbursed in her own precinct. When tlie Commissioners report that the relative amount of property per head is in Boston equal to about .$2,000 per head and in Roxbury about $800 per head, and this is the ratio reckoned as the possession of each man, woman and child, in those cities, it exhibits no such marked similarity of conditions as might at first sight appear — more of contrast than of similarity — such would doubtless prove to be the fact, in all the adjacent cities and towns. They are all content with their present boundaries if all arc retained. Each has a "Sparta" ample in extent, variety and resources, and they would prefer to embellish and improve their own within their present har- monious proportions. Disturb this harmon}'- in a single case and these halls, year after year, will be the scene of interminable antagonisms. ALLEGED SIJIILARITIES OF CONDITION. As the traveller finds his way from the interior of the county of Norfolk towards the city of Boston, and passes through Dorchester, Brookline, West Roxbury, or that extensive territory which comprises the southerly and central portions of the city of Roxbury, and looks upon the broad fields, the verdant lawns, the ways and walks, sees here and there the stately mansion, the comfortable house, the humble dwelling, the orchards and gardens, the wooden houses witli their liberal areas and enclosures, scattered along the roadside, he surely can discern no contrast in the apparent and general conditions of all these extended suburbs. In the midst of slight diversities, he will discern no apparent similarity to the narrow streets of the dense and crowded city, but a striking uniformity of territorial, which will prove a true type of their municipal condition. And surely it is not until he has descended from the highlands and reached almost the heart of the lower ward of the city of Roxbury, —in immediate proximity to the boundary line of the city of Boston, — that he begins to trace here and there, slight resemblances and uniformities, for even there, tliere exist more contrasts than similarities. In order, then, that we may not ramble over too wide a field, let us confine our attention for a moment to this lower ward, the first approach from the city near the boundai-y line of Norfolk, in closest proximity to this city, where the population is most dense of all, with its places of trallic, stores, shops and manufacturing establishments, its low^er lands and level streets ; streets radiating from a 17 convenient centre till they meet the street at the Neck, the remote and outer gateway of the city of Boston, next to the confines of the marsh and creek. It is here, in this lower ward, — that little strip of land on the boundary line of Suflblk and Norfolk, where he sees the factories, and hears the bustle of traffic, here, if anywhere, assuredly, the supposed identity, similarity, or community of interest of these respective cities may be deemed most strongly to consist. Here, if anywhere, the argument derived from expectant and increased conveniences would find its chief support. Because here, if anywhere, these wants centre. If water is wanted, it is in these manufacturing establishments down here. If there is drainage required, it is down here, by the Back Bay and South Bay, by tlie creek and the channel, by Eoxbury Brook and Stony Brook, from the low and level and marshy lands, to the bays and brooks and chan- nels ever3' where around. What then w^ould be the reasons adduced in their application to the question of removing that single lower ward from the jurisdiction of the county of Norfolk and annexing it to the city of Boston? I discuss not their merits, but the nature of these assumed benefits and conveniences to be derived to that lower ward. One says, " We need a supply of water." Another replies, "We have Jamaica Pond water already." Says another, " We want the Cochituate." A third replies, "It cannot be supplied." Saj^s another, " The water debt has never been paid." If annexed, you do but assume the burden, and new sources and new mains must incur addi- tional expense : and thus we find these varied intei-ests and opinions. Then, drainage. It is said that Roxbury must drain through the city of Boston. True, it is, that they may drain through channels that are within the jurisdiction of the harbor master of the city of Boston. But are there not in close proximity, the Back Bay, the South Bay, the brooks and the channels, and should any difficulty arise in the confiict of local jurisdiction, is not ample power reposed in this Legislature to harmonize or remove all minor differences? Sanitary arrangements are subject to the control of the general laws, and in these both cities are alike interested. We confidently submit, upon the view and the evidence, that, had it been proposed before the Committee on Towns to set off this lower ward from the city of Roxbury, and the county of Norfolk, and annex it to the city of Boston, reasons a thousandfold more cogent, even in the matter of these partial and local conveniences, exist, without reference to the larger and more important considerations, to retain it in its present jurisdiction, rather than to justif>^ its annexation. And as we pass beyond that lower ward, and approach the more elevated and central portion of the city of Roxbury, the I'easons for annexation become proportionably less, until, in the central and southerly portions of its territory, viewed as the basis of argument, they not only vanish altogether, but overwhelmingly prepon- derate in favor of the existing jurisdiction and condition. If then, the case presented by the petitioners, in any or all of its aspects, would not even justify the severance of a ward, how utterly unworthy and inadequate must reasons like these appear to be, when it is proposed not 3 18 to sever a ward, but to convert a great city to a w^ard, to annul and dissolve this ancient and honored municipality, oblitei'ate its name and organization, sunder its relations to the count}^ and disturb and dissever tlie ties, political, historic, municipal and suburban, which are the surest guaranty of future usefulness. KOXBURY AS A CITY. For Roxbury, In its local position, its territorial arrangements, its gen- eral conformation, its shape and boundaries, its elevations and rural advantages, the confluence and convergence of its ways to one centre, in its homes and history, in the cliaracter of its population, in its individ- uality, unity and identity, in all its affinities, in all these respects, in every respect, has the most extraordinary adaptation to the uses of a dis- tinct and separate and independent municipality ; and this act of annexa- tion will extinguish a prosperous, well organized and ancient municipality. ALLEGED IDEXTITY. What force is there in the argument that annexation is expedient because of an assumed similarity and identity of interest and condition ? Such local conditions as to territory as seriously impair its convenient use may, in extreme cases, warrant changes of town lines. But mere similar- ity of pursuit, of business and traffic, of social position, association or sympathy, would not furnish sufficient reasons for abandoning, in any case, the system of town organization, but quite the reverse. For, after all, these county and township lines must exist somewhere, and because arbitrary in their original adoption they are not therefore to be subject to arbitrary changes, but the rather, because arbitrary, therefore permanent. But wherein does this alleged identity exist? Not, surely, in commer- cial conditions, because in wharves, docks, channels and commercial con- ditions. East Boston and Chelsea, Charlestown, Cambridge, Dorchester, Neponset, Commercial Point and South Boston would be preferred before her — for they tell us that the waters of the marsh and canal are stagnant, and the drain and the sewer must seek, through the instrumentality of this very act, an outlet over the flats belonging to the city of Boston. If a comparison were instituted between Roxbury and Charlestown, with its limited area and dense population, or with the surrounding towns, Dorchester, Brookline, Somerville, Brighton, West Roxbury, Cambridge, Chelsea, and the like, we might discover no greater dissimilarity on their part in commercial conditions tlian those which exist between Roxbury and Boston, — for Roxbury has a home industry peculiarly its own, and localized upon its soil. And had we sought evidence in relation to the travel wliich reaches the city daily by season ticket from Lynn or Salem, Newton, Dedham, West Roxbury, Quincy, Brookline, and the like, we should find no such evidence of dissimilarity of condition, or difl'erence of interest, as between these and Roxbury, sucli as Avould warrant the stress that is laid upon this branch of tlie case of tlie petitioners. That Roxbury has a home industry, peculiarly its own, is exhibited in 19 the report of the statistics of industry of Massachusetts, for the year I860. There, on many pages, you will find almost every department of industry represented; probably as many branches as can be found in any city of equal population in the land, with a large investment of capital, with its annual products of great value, and giving employment to 2,876 pei'sons. I do not know the proportion of employees to population which would be the average for a distinctive city but it would appear that 3,000 out of 28,000 would suffice to show that a local home industry was resident within its boi-ders. And while upon these statistics of alleged similarity to the warehouses and wharves of Boston, we may note that Roxbury contains four hundred and thirty-six acres of farming land, seventy-eight acres of unimproved lands, three hundred and twenty-two acres of English mowing, eighty-four and one-half acres devoted to market-gardening, one hundred and fifty- four and one-half acres of salt marsh mown. Trees cultivated for their fruit, 18,598. It would seem as though Charlestown and the like could recognize Roxbury as one of the rural suburban districts. Now there is a territorial division of labor which the petitioners do not appreciate. Is it nothing to manage one's own municipal aftairs in tlie most direct manner ? TAX ON STOCK US TRADE. It has been urged, also, on the part of some of the petitioners, that this act of annexation would obviate, so far as that precinct is concerned, those inequalities in the system of taxation which are necessarily incident to the taxing of the stock in trade of non-residents. But Roxbury now avails herself of this general rule in respect to the manufacturing establishments within her precinct ; and these inequalities, if they can be removed at all, should become the subject of general or specific legislation; and these dis- parities in the general S3'stem should l)e diminished by a more minute sub- division of local jurisdiction, rather than aggravated by a fusion and commingling of these municipal interests. The surrounding districts are subjected to the like experience, and I refer to the argument of Mr. Avery, in which it is apparent that Roxbury suf- fers less detriment in this regard than many of the towns and cities in this vicinity. Annexation, so far from mitigating, would only aggravate the evil and inequality which arises in the execution of the general laws, for it is on account of the disparity in the condition of cities and towns that this inequality exists. OTHER ALLEGED CON\'ENIENCES. And so we might go on and speak of the comparative conveniences of the Courts, the City Hall, the Library, the Post-Office, and the like. And what would be the result? Conveniences on the one side, attended with corresponding detriment and disadvantages on the other. In their varied aspects, some benefits, some detriments — circumstances which weighed In the balance alone, and apart from all the moi-e important and govern- 20 mental relations, so equivocal in their character, so doiibtful in their expediency or preponderance, capable of being supplied in so many modes and directions, that one citizen might verj^ properly prefer the one, and another citizen, under the same or similar ciixumstances, would prefer the other. TAX OF BOSTON. The very great increase of taxation, during the present year, which the necessities of Boston require, would afford no inducement to any city to tolerate annexation. An increase in a single year of an additional tax of two millions is a serious item, even though a part of it be a State tax, and demands the exercise of a rigid economy and the rejection of expensive experiments in legislation. And why should any citizen of Roxbury be compelled to contribute to the expenditures of the city of Boston ? Turn now to the banquet proposed for the people of Roxbury, and say one by one, why should any citizen of Roxbury contribute a dollar in their aid. I extract from the address of Mayor Norcross, to the City Council of Boston, in January last, these words : " The town of Boston never allowed a public debt to accumulate. The only debt trans- ferred from the town to the city government, but little exceeded $71,000, which was wholly incurred by the cost of two prisons and a court-house, then in the course of erection. Since that time we have had a constantly [growing debt, and now it assumes large proportions. More than thirty years ago, our predecessors in ofiice attempted to arrest its progress, and return to the more prudent policy of the town " The debt has been since increased from the sum of $1,078,088.28 to its present amount." (The present amount is about thirteen millions.) " To show the extent to which our expenditures h.ave exceeded our resources, from taxa- tion, there must be added to this increase of the debt, all sums which have been received from the sales of public lands. These lands, which have heretofore been a source of no inconsiderable revenue, are now mostly sold, and in the future, we can expect but a small income from them." He then enumerates some of the measui-es which engaged the attention of the last City Council, and furnishes some of the estimates of their cost. Why, to any of these, examined one by one, should Roxbury contribute a dollar in taxation ? EXPENSES OF BOSTON. South Boston Flats, 9,000,000 to $20,000,000 Church Street 500,000 Chestnut Hill 1,000,000 Extension Broadway . 1,000,000 Hospital, Winthrop 600,000 New Court House 500,000 Girls' School , , . . 200,000 Monument 160,000 Overseers Poor 100,000 Fort Hill, residue at public expense, cost unknown. UIPROVEMENT. I ask again, to all these ought Roxbury to contribute a dollar? They are estimates only. City Hall estimates are apt to be altogether too low, 21 and it is difficult to say whether these projects would involve an outlay of twenty-five or one hundred millions, but it is not difficult to prove that no citizen of Roxbury should be taxed for one of them. In future years the widening of the nai-row streets of Boston must occasion a vast expenditure. In Roxbury that expenditure will be comparatively light, except upon some cross-i'oads or lanes. In the Auditor's Report of the City of Boston for '65 and '66, the amount paid for the widening of streets, is $U2,000.00. In the last Auditor's Report of Roxbury, the amount paid during the year for similar purposes, was only ^890.01. Since the year 1822, the city of Boston has paid four and a half millions of dollars for the widening of streets, without including the cost of filling in and grading said streets, or the constructing of bridges, or the cost of laying out and grading streets on the city's public lands. This expendi- ture was principally in the old part of the city. EFFECT UPON THE TAXATION OF EOXBUKY. And yet day by day more widenings are required, heavier damages demanded, and heavier taxes are paid. And why should the people of Roxbury, any man of them, contribute to this expenditure? It is too late to charge debts for improvements, to future generations. Compare the expenses of support of inmates of the Institutions. The inmates of these Institutions in Boston, supported at her expense, number 1,310. Perhaps some one can tell the number of inmates in the Almshouse at Roxbury — probably thirty. And if Boston is willing to incur the residue of the expense of the Fort Hill improvement, and the filling of three hundred acres of flats on the north shore of South Boston, from the shore to Fort Independence, what advantage is to be derived to the citizen of Roxbury, that the channel of his scanty commerce should be contracted, and his taxes pay for it. Are not great public improvements needed at the north end of Boston ? and shall Roxbury pay for these, also? Shall she bear the expense of harbors when she has more farms than wharves ? Shall she abandon her cemetery to stranger hands, and commit her paupers to Deer Island? It has occurred to your Committee in this balance of minor conveniences and inconveniences on which the petitioners base their case, that many of the streets of both cities have the same names, and here again you pro- duce a temporary confusion. On the thirty-second page of Mr. Avery's argument there is a statement concerning a Grammar School fund of Rox- bury, which will one day amount, by its accumulation, to .$1,000,000; and how are you to provide for the application of this and of the Davis fund, when the city no longer exists ? In one of the defeats of the Scots, under the Earl of Hume, in their descent from the Highlands, the commonalty of Scotland termed his expe- 22 dition an "7?Z Boad." The people of Eoxbiiry will find this descent from the Highlands an " ill road for them." Take it as you will, the true line of demarcation is not of dormitories or of the farming or landed interest, or of taxation, or marsh, or river, or solid land. It is the line of commercial interest, that which most com- pactly embraces the interests of commerce, — the harbor in its relations to the West and the lakes, the sea, the wharf, the "hub," the depot; — the dormitory, last and least important of all. INCREASE IN VALVE OF KOXBURY LANDS. Now it is in no invidious sense that I assert that schemes which are advocated, if they are so advocated, and otherwise this objection is no account, — I say, schemes which are pressed, in order to enhance the values of real estate, if such be the expectant result, tend to the promotion of class interests, as landed interests. And such interests ought not to invoke the aid of legislation to the overthrow of that general policy which protects them all. The true questions are — will such changes equalize the divisions of labor? Will they diffuse comforts to all classes? Will they enable them to exercise the largest and most direct participation in affairs ? How shall we best give utterance to the voice of the people, high and low, rich and poor, white and black ? DOES EXIGENCY EXIST? The case of the petitioners, if within the pale of legislation, stands, if it stands at all, upon certain general, grave and well understood public con- siderations, disclosing clearly to the legislative mind and judgment such great and paramount political and public exigency as is proportioned to the magnitude of the result to be attained. Temporary or local conveni- ences, the preponderance of such conveniences, may in extreme cases warrant a change of town boundaries ; but such equipoise or preponder- ance, however substantial, could not of itself create an exigency such as would justify the proposed action, because, as the criterion which is to determine the expediency of this exercise of legislative judgment, you will require that the emergencj' and exigency proved shall be f\illy commen- surate with the importance of the contemplated result. I am not unmindful that divers citizens of Eoxbury, whose opinions are entitled to great weight and the most serious consideration, men of worth and wealth and wisdom, men who have been honored in the high places of the land, and who have the best interests of that locality at heart, men capable of judging of the matters whereof they speak, now, as at former hearings, have testified in favor of this scheme before your Committee — and that although they propose to submit this measure to the citizens of the respective cities for their approval or rejection, yet in the advocacy of the bill they hope or expect to find such majority in its favor at the polls as shall make your action Jinal. This proposed reference to the people of the cities, therefore, does not diminish the Aveight of responsibility devolved upon your Committee. You are the arbiters and representatives 23 of the legislative miud and will ; aud as in all other subjects of legislation, so here, intrusted as you are as legislators, with the control of the rights and interests of the entire Commonwealth, no less than with those Of the humblest citizen, of majorities no less than of minorities, you will not be justified in basing your action upon the opinions of any precinct however worthy, or of any day, however decisive, but will try and test these opinions, explore their foundations, examine these varied and hitherto indissoluble relations, trace them down the long years of New England history, and view that city in all the strange, eventful and providential vicissitudes of its growth, in the pride and vigor of its strength, the com- plicity of its vai'ied aud manifold relations, in its relations to its citizens, to the metropolis, the suburbs and adjacent municipalities, to the couuty and the State, to government and suflrage, to morals, culture and educa- tion, in its economical, social and political relations, to the day that is, and has been, and shall be. But, says one, opinions have changed ! Some of those who years ago were opponents of annexation, are now numbered among its advocates. And have not circumstances also changed? A few years ago Roxbury witnessed a season of vigorous growth aud unexampled prosperity. In the midst of sudden expansion and rapid development and transitions, sudden wants pressed in on every side; these, in their turn, brought temporary discontent — these wants and necessities seemed to exceed the immediate ability of the cit}' conveniently' to supply. Hy consequence, there ensued a city debt, rapid in its increase and of very considerable magnitude; just then, when this burdensome debt had been suddenly incurred, the outbreak of war arrests the progress of landed speculation, building enterprises languish, a national and military necessity creates new and unprecedented burdens, until the debt of the city reaches almost a million of dollars. Is it strange that they should seek a remedy? But can legislation aflbrd either remedy or relief? But some opinions there have changed ! And this is one of the reasons why we ask you to consider. It is because opinions change that we ask you not to change the condition of these favoi'ed and time-honored muni- cipalities. It is because opinions change that we would be slow to remove the ancient landmarks. CHANGE OF COUNTY LINES. To slight changes of town lines where there exists an arbitrary or inconvenient arrangement, we would most assuredly yield. Such partial evil may find its compensation in the general good ; but to organic clianges, to those which afl'ect the right, yea, the duty, of these municipalities to govern themselves, and tluit in the most direct and inexpensive manner, to changes wliich allect the attachments of the citizens to their towns and homes, and local pride and history, to their representation, taxation and political influeuce, their debt aud credit, their manifold municipal relations, much less to those which afiect their very organization, identity and existence, we would be slow to yield, unless upon the imminent pressure of that great, and paramount, and abiding public exigency, which silences, 24 in advance, all the conflicts of opinion, and supersedes and overrides and anticipates, as a foregone conclusion, the results of legislative action. ALLEGED COX^'EXIENCY. Can it be that the convenience of its citizens as to the Post-OfRce, the Courts, or the improvements of the waj^s would be in any wise advanced? Would the purity of elections be promoted? Could laws and ordinances of the city or the State be better adapted to such varied conditons ? Would taxes be assessed with greater uniformity? Would the varied local and commercial interests be more zealously guarded? Have the laws of the Commonwealth been better enforced in SutTolli than in Norfolk, in Boston than in Roxbury? Will the clamor of the suburbs, at East Boston and South Boston for improvements, find no echo within the remote precincts Of lloxbury ? Can the citizens understand the wants and apply the reme- dies, witli the same intelligence and discrimination to a city of such large dimensions and conflicting interests, as within borders with which they are familiar? DISTRICT SYSTEM. Let it not be said that these town and county lines may be broken down with impunity, because we have a district system for voting in political elections. The object of the district system was not to invade the old system of town representation, but rather to improve its efficiency. We cast our votes, once a year, at the polls, in senatorial and representative districts, but the influence exerted by a municipal organization difiers from this in all possible respects. It is deliberative in its character, — and all its affinities and relations centralize in the idea of home and domicil, for Avhich the district system, changing its artificial lines at each decennial period, could never compensate ; and this system of district representation is not to be made the instrument of destroying the towns themselves. DEBTS OF THE CITIES. It is a responsible duty devolved upon your Committee to appraise these great municipal interests. Judicious legislation is an important conservator of commercial and municipal credit. Each municipality should dischai'ge its own liens and pay its own debts. This computation, in its merger of certain or contin- gent liabilities, is, after all, but a single element, in the estimates and appraisements of this unlimited copartnership, and justice and public expediency, to minorities no less than to majorities, alike require that these ledger lines of debt and credit, between counties, towns and cities, should remain inviolate and unimpaired. CITY GOVEUNMENT OF UOSTON. Ought the arduous duties and responsibilities of the Mayor and Govern- ment of Boston to be augmented by this special or indefinite inci-ease? Burdened already with its debt of tliirteen millions, charged now with jurisdiction over a valuation of three hundred and seventy-two millions of 25 dollars, with an annual disbursement of many millions, and to-day, wit- nessing an unprecedented increase of two millions more in taxation in the present year, with its power and patronage, its varied enterprises for the widening of narrow streets, the regulating of free ferries, the construction of public buildings and water-mains ; its harbor and quarantines, and the islands of its jurisdiction; its public institutions, its wants and interests, can it be that any benefit can accrue to the State or the city, from a measure which must inevitably impose additional duties and w*eighty responsibilities beyond those which are necessarily incident to the regular growth of the city? Do the disclosures at Albany, in respect to the administration of the affairs of the city of New York, allure us to speedy action, by their results ? Must the city itself seek protection from its own laws and ordinances in the statutes of the State ? It was said that the duties now devolved upon the citj^ government of Boston required not this indefinite increase. Mayor Norcross, in his address, uses this language : "The expansion of our territory and the progress of business in all departments of industry are rapidly multiplying the duties of those who administer the municipal govern- ment. The Intelligent and faithful discharge of those duties already requires the almost undi- vided labor of all connected with the executive departments." In the inattention to the subject of local and municipal affairs, alleged to exist on the part of the citizens of Roxbury, except under the pressure and excitements of strongly-contested elections, we discern similarities to the condition of the more populous city; but this indift'erence must of necessity be increased by the project in question, and its tendencies are rather to be deprecated than encouraged. A cursory inspection of the Auditor's Report of the expenditures of the city of Boston, would convince the most skeptical, that to many of these expenses it would be unequal and unjust to compel the citizens of Roxbury to contribute. The wants of that city can be as advantageously supplied without as with annexation, and judicious and direct legislation can readily remove any impediments to her progress, and the separate and independent existence of that municipality be left, in every material respect, inviolate and undisturbed. COUNTY OF NORFOLK. We pass now to other considerations. The county of Norfolk is a county of comparatively small territorial extent, of only about one-quarter the area of the county of "Worcester, — there being seven counties, if I mistake not, of larger area, — with only one city and twentj^-two towns — not half as many towns as are comprised in "Worcester or Middlesex — with an identity of manufacturing and industrial interest quite as great, to say the least, as that which is supposed to exist between Boston and Roxbury — its population distributed in such equable proportions that the representation upon this floor is almost coincident Avith that of town representation. "When it was proposed to district the State in the appor- tionment of representation, and the diminution of the relative influence of the small towns as compared with that of the cities became a prominent 4 26 topic for discussion, in order that the system might approximate as closely as possible to that of town representation, a somewhat remai-kable uni- formity was apparent in its application to the county of Norfolk. The city being entitled to only four members, no separation was required, (except in a single ward), in order to assign its representa.tive districts, and many of the towns of the count}' have one or more separate represen- tatives on this floor. Let me enumerate them, and then I will leave this branch of the subject without a word of comment : Dedhara, 1 ; West Roxbury, 1; Brookline, 1; Roxbury, 4; Dorchester, 2; Weymouth, 2; Quincy, 1 ; Braintree, 1 ; Randolph 1 ; Stoughton, 1 ; Foxborough, Wrentham and Medway, 2 ; Franklin and Bellingham, 1 ; Needham, Med- field and Dover, 1 ; Milton, Canton, Walpole and Sharon, 2. And I have named the whole of them, — the town of Cohasset, for ihese purposes, being embraced in the Plymouth district. This enumeration may suffice, to indicate that uniformity of condition, which makes their representative a true type of their municipal, and their municipal a type of their repre- sentative conditions. BOUNDARIES. A due regard to public right demands that the county lines should remain permanent. The policy of preserving these lines, as far as practicable, inviolate and unchanged, derives its sanction from the fact that some of these counties date their origin far back, in the earliest days of our colonial history, have been recognized in constitutional provisions and amendments, have not been to much extent the subject of legislative innovation, and have been guarded by the language of judicial interpretation. So unde- viating and stable has been this policy, that nine of the fourteen counties trace their origin to times prior to the year 1700, and during the last seventy years only two new counties have been established, and tliese are almost the only considerable county changes in the Commonwealth. These lines of extensive judicial jurisdiction and venue should be fixed and established, permanent and well understood. The county lines of Norfolk and Suffolk, even at the points alluded to, are now convenient and well defined, certainly far better than they would be were this act consummated. The area of the county is now no larger than is best adapted to the con- venient and economical administration of its varied affairs, with but one shire and one city, both easy of access, sufficiently convenient to each section of the county for public use, while in the means and fiicilities of ready and constant communication with the shire, Roxbury itself possesses advantages superior to that of ahnost every other town in the county, scarcely excepting some portions of the town intervening, and she is far less distant than the average of towns from the shire. If there is anything in tills assertion of a community of interest, history, jurisdiction and simi- larity of condition, all these require that the four ancient townships of Eoxbuiy, Dorchester, Dedham and Braintree, of whicli the county is so largely composed, should remain, as now, under one counuon jurisdiction. To remove from its already limited area and jurisdiction its only and flourishing city, in the full tide of its prosperity, with its twenty-eight 27 thousand inhabitants and twentj^-four millions of dollars in valuation, would disturb and disarrange everj' interest of the couuty, deprive it of a large share of its population and valution, remit it, hack again, in the years of its growth, and certainly without corresponding advantages to the cities whose jurisdictions are to be thus suddenly blended. LINES OF BOUNDARY. By such change the extent of the county lines between Norfolk and Suf- folk will be greatly increased — and if, in these matters of di-ainage, streets and avenues on the limited area of Back Bay, such absolute necessity exists for a single jurisdiction, to build a few avenues at most, over these unfilled lands and intervening marshes, how formidable must be the difliculties and obstacles to the improvements of the long years of the future, at that extended line of boundary. For now from Muddy Kiver and across to the canal or down to the sedgy margins of the marsh and creek, perhaps the boundary line would not exceed a mile in distance, while the circuitous, incouveuieut lines which would exist if lioxbury were sundered from its jurisdiction, sweeping from the Back Bay all around to the South Bay, would probably be seven miles in length. Instead of this proposed seven mile, horse-shoe shaped line of partition which would separate Roxbury, Dorchester, West Roxbury, and Brookline, towns which in their existing relations are increasing side by side, under lilvc circumstances, with a com- munity of interest, a Iraternity of association, a similarity of wants and conditions, in like improvements and like transitions, it is eminently desir- able and suitable, that these should be embraced, as now, under a common jurisdiction. Next, the effect of this act of annexation would be almost to detach the town of Brookline from the couuty of Norfolk. The question as presented by the petitioners, is one of comparative conveniences. As the result ' of this scheme, her town lines would become yet more identical with the county lines, and the grievances, alleged to exist at the limited Hue of boundary between Boston and Rox- bury would be devolved upon Brookline in tenfold proportion, for a high- way could hardly be located at her limits, without the concurrence of county, city and town jurisdictions. And as it is suited that the present community of interest should continue with Brookline and Dorchester, so also is it with West Roxbury, because, except during the last seventeen years, the history of the one has been the history also of the other. The act of the legislature contained in Sith section of Chap. 17 of the General Statutes, which provides that the County Commissioners af the County of Middlesex shall have jurisdiction within the city of Chelsea and the towns of North Chelsea and Winthrop, in the county of Suffolk, affords a practical illustration of the disadvantages under which such precincts labor, until they seek relief in special legislation. In a case like the pres- ent, in which legislative action is invoked, upon the ground of a seeming preponderance of temporary or local conveniences, it would seem as though some laree and substantial and paramount benefits should be conferred, or some serious pressure of wants should be relieved. 28 EFFECT UPON THE COUNTY. Should this act remove from the limits of the jurisdiction of Norfolk over tweuty-seveu millions of dollars in valuation; and should similar reasons prevail for annexinj^, also, portions of Dorchester, West Roxbury and Bi-ookline, those sections of the county in which probably there has been the largest increase of valuation during the last decennial period ; and were these precincts compelled, however reluctantly, to resort to this alternative of annexation, in order to adapt themselves to the exigencies thus unfortunately created, one-third or one-half of the entire valuation and ijopulatiou of the county might pass from its jurisdiction and control, while twenty or twenty-two towns would yet remain, with public build- ings and registries and county officers, jurors and grand juroi's, roads and bridges, in extensive districts, not decreased in a corresponding ratio, either in number, or the expenses of maintenance, although the number of days of labor in the transaction of business should be thereby lessened. Communities do not prefer to be thus remitted to their former conditions, or checked in their career of advancement. Would the farmers of Middle- sex, be willing to part with their Lowell, Cambridge, or Charlestown? AVould Essex be disposed to part with Salem, or Lynn, or Lawrence, or staid old Ipswich and Marblehead, or all of these, if they were all one city, and that their only one? Would Bristol be willing to sever her fortunes from New Bedford, or Fall River, or Taunton, as it stretches its jurisdic- tion from the river to the sea, or with all three, if all were combined in one ? Supposes any one that Hampden would be willing to part with the city of Springtield ? or think you that Worcester would yield that city which bears her honored name ? or Plymouth the old town-lauding of the race ? Cities may, under some circumstances, voluntarily agree to part with portions of their territory, with the sanction of the State, but I say that, under the system of administration of legislative aflairs, which has ever prevailed in these halls, town and cities are not to be permitted to vote themselves together. It is for you as legislators to determine these expedi- encies. These petitioners, in coming hither and asking that this project may be submitted to the people of these cities, by that very act assume that they hope such majority can be found as will render your action decisive. If, in the regular course of legislation, towns are not to deter- mine for themselves the expediency of their union, the responsibilities devolved upon your Committee are not in any respect diminished by the insertion of the clause subjecting the act to popular approval at the polls. COURTS. In 1858 it was found that the number of days of sessions of the courts in the respective counties were as follows: Suflblk, GC8; Middlesex, 311 ; Worcester, 204 ; Essex, 187 ; Norfolk, 78. These figures indicate the edcct which must ensue in accumulating busi- ness at the Courts of Suffolk, devolving upon those courts long and tedious double sessions, and all the Inirdcns incident to crowded dockets, — and 29 all this, when the distance between the shires does not exceed ten miles. So far from conceding that any considerable iuconveuieuces attend the present arrangement of the courts, we can safely maintain that the facts and the argument are all the other way. Concerning the courts, the public expenditures thereby created and the attendant expenses of jurors, witnesses and litigants, the entire frame- work of the administration of the law is based upon the system of judicial districts, local organizations, venue in counties, police courts in cities, county shires, and circuits ; such has been the policy alike in the adminis- tration of English and American law. The acknowledged advantages of fixed and permanent judicial districts in county organizations are suffi- ciently obvious. They promote the convenience of the citizen, tend to the distribution of business rather than its accumulation. Tor illustration of the effect of annexation upon the conveyances of real estate, their titles, mortgages, liens and the like, it is known that the records of all conveyances of lands in Roxbury from 1793 are in the registry of Dedham, interspersed among the pages of over three hundred volumes. Consequent upon annexation comes the recording of futui'e conveyances and the like, at the registry in Boston, to be thereafter commingled among the volumi- nous records of Boston deeds. Hence two registries ten miles apart must be consulted, and the delays and expenses of investigation are, of course, largely increased, because of the greater multitude of city conveyances. Nor ai'e the inconveniences which would be thus occasioned confined to the citizens of Eoxbury alone. Because the citizens of Boston and of othertowns maj'' have occasion to consult these registries in their transactions with the citizens of Rox- bury. The deed of land on Warren Street, Roxbury, must thereafter be recognized as on Warren Street, Boston, and the street now known as Warren Street, Boston, would be designated Warren Street number one, or number two, unless a new nomenclature of all were adopted. So, also, in the Pi'obate and Insolvency department, and the Clerk of the Court's office, as to wills, settlement of estates, attachments, judgments and the like, as these are usually connected with investigations of title there is a manifest convenience in having all continued in the same locality. So far as relates to the venue of civil actions, it was urged by some of the petitioners, whose business called them to Boston every day, that they could more conveniently attend court in Boston than in Dedham. If they are plaintiffs, they have the right, under existing laws, to bring their actions in the city where they have their places of business, and in all personal actions they can avail themselves of the jurisdiction of the Boston courts. If defendants, they will be obliged to submit to the juris- diction of the county in which the plaiulifl" resides, if he elects so to sue in his own venue, — so that in this respect annexation brings no advantages. To the statement that they could more conveniently attend as jurors in Boston, it may be answered that men engaged in large business transac- tions, are quite as ready to urge excuses for exemption as jurors in the. long terms in Suflblk, as in the short terms of Norfolk. But, says another, why should the county oppose such a project? It 30 would only reduce it, say they, from a second or third to a fifth or sixth rate county. Well, why reduce it at all ? Why not? say the petitioners. Why should we ? say the respondents. At the last State valuation it was found that the increase of valuation in the Commonwealth was oiae hundred and twelve millions of dollars. Of this, more than one hundred millions were found to be in B.oston — leaving less than twelve millions increase for the residue of the State. As lloxbury had been favored with unexampled prosperity, during that decennial period, it is reasonable to presume that a portion of that increase was within her precincts. It does not behoove the petitioners to assert that the reasons, the motive and the principle which moves the one community city-vmrd, would not operate in a measure upon the condition of other communities. But why not ? Why should we be thus sundered ? Are we not well enough as we are ? As a county, is it not far more convenient now than it ever can be, after annexation has occurred? Have we not one shire, one city, great equality of condition, common interests, common traditions? Sufflciently good accommodations in the Court-house, prisons, registries, in the varied departments of oflicial duty? Has not the city of Roxbury hei'self contributed, from the earliest organi- zation of the county until now, and contributed, also, a very considerable share towards the furnishing of these accommodations ? And have not large expenditures been made by the county during the last few years, and has not Roxbury shared the burden of those expenses? And is not the county ffee from debt? And has not Roxbury paid a considerable share of that debt ? Now, if a portion of the citizens of Roxbury are willing to forego or abandon these, or exchange them for such similar accommodations as can be furnished elsewhere, and towards which she has not contributed, yet it is pertinent to inquire in behalf of those citizens who cannot be reconciled to annexation, whether justice to them would tolerate such exchange ; and the citizen of Boston may also inquire why his city should be obliged to furnish additional accommodations for a population of 28,000 beyond her own natural and legitimate increase, especially when that 28,000 bring no actual, but only a nominal enlargement of the population ? Now this present line of boundary between Boston and Roxbury is said to be an imaginary line. It is, of course, invisible in like manner as other lines. But it is well defined ; a short line, an ancient line, it determines without antagonism the limits of city jurisdictions, of county jurisdictions, of judicial jurisdictions, and the apportionment of representation, in the Senate and the House. It is certainly far more convenient, immeasurably more commodious, than the balcony-shaped line of boundary whicli would separate Dorchester, West Roxl)ury and Brookline from the city of Boston, when ancient lloxbury shall have been annihilated. CONSKQUKNCKS OF ANNEXATION. But the petitioners do not limit the eflect to be produced upon the county to Roxbury alone. They place witnesses upon the stand to testify that 31 like reasons will prevail for the aimexation of Brookline and Dorchester. In no other mode can the dream of a great metropolitan district be real- ized. Of the 200,000 persons whose business brings them to Boston, as esti- mated by the petitioners, how small a portion can reside in Eoxbury, its entire population being only 28,000, and of these nearly 3,000 engaged in local industry at home ? PIJOBATE COURTS IN ROXBURY. We have in Eoxbury also our Courts of Probate and Insolvency, — where in the public journals the daily record of deaths announce a new case for the dockets of its courts, cases of the testate and intestate, letters of admin- istration, proof of wills, bonds and inventories, motions and partitions, accounts and trusts, pleas of widows and orphans, creditors and debtors, attending in person, unaided by counsel, in matters of practical detail, occupying but little time ; and for the transaction of this business, the suitors come from all portions of the county, weekly and ofttimes during the week, and these courts are holden in the city of Eoxbury, and these are the conveniences of which the citizens of the county by this act of annexation are to be henceforth deprived. It is not pretended that the citizens of Eoxbury can transact their own aflairs in this department more conveniently at the Court-house in Boston, than at Eoxbury Street. ROXBURY AS A CITY. If these communities had not arisen in the progress of gradual and steady growth, — if we could not recognize them as the product and result of long years of history, enterprise and legislation, — if we could not trace them in their progress from neighborhood to parish and precinct, precinct to town, and town to city, until they seem to put on the robes of historic immortality, and array themselves in the vestments of a seemingly corpo- rate indestructibility ; — if, to-day, a map of Boston and its environs were placed in your hands, as a carte blanche, with no territorial demarcations or lines of municipal organization, and you were required to set lines and define the boundaries of this city and its suburbs, with full knowledge of all its adaptations to the purposes of political communities, judicial dis- tricts and municipal organizations, it is more than probable that human ingenuity could devise no better division or arrangement than that which now exists. In point of fact, it seems as though no territorial division or distribution of powers would be more commodious than the existing system, none more in accordance with the usages, ends, principles and purposes of our New England system of town administration. ACT WITHOUT PRECEDENT. And who can doubt, that if, from the days of colonial history the precinct of Eoxbury had been, till now, an integral portion of the city of Boston, its citizens would to-day declare that there was one indispensable element yet wanting to the fall measure of their prosperity, and that 32 would be a distinct and independent municipal government ; — for that, they would petition at your hands : and in such a cause as this, who can doubt that their request would be granted by almost universal consent, as being peculiarly adapted, in all their relations, to the uses and purposes of a distinct, separate and independent charter and control ? If these things are so, who can question that such act of annexation, instead of blending harmonious interests, would rupture the closest ties of municipal and local organization, — operate as the avalanche of the interests of the one upon those of the other, and eflect a peremptory commingling of diverse and discordant elements, conditions and opinions? It would be an experiment in legislation without precedent, or ai^proach to precedent, in the Slate, regardless of the associations of the past, hazarding the supply of a local want or the relief of some temporary discontent in this lottery of a lost identity, risking the homestead acquired by other hands upon the uncertain vicissitudes of a temporary or local opinion, annulling and extinguishing this charter of distinct and independent and honored municipal existence and organization, the growth of two hundred and thirty-seven years of title, coeval with Boston, almost contemporary with Plymouth and Salem, its uses half accomplished, its work half done, its history unwritten. When it was proposed to incorporate in the constitution a provision authorizing the grant of a city charter, it was in debate whether, in order to the grant of a city charter, a population of 10,000 or 30,000 should be required. Under the limit then adopted, Roxbury has reached that point and position where, in the years now passing, her city government can be most advantageously administered, and that local pride, which contributes to her advancing prosperity, should be fostered and encouraged. METROPOLITAN DISTRICT. It cannot be kept out of view that two classes of petitioners advocate this • measure. One class supposes that some peculiar benefits are to accrue to the precinct of Roxbury. The other class acts, in furtherance of the prospective claims of a larger metropolitan district, which shall embrace within the jurisdiction of the city, a metropolitan district with ten miles of suburbs, and the vision of a gigantic metropolis with 400,000 inhabitants flits perpetually before their imagination. They see plainly that the reasons which are urged for the annexation of Roxbury, will apply with equal and increased force to the surrounding districts — that, as already suggested, portions of these districts would be injuriously aft'ected by this separation of Roxbury from the county. It is impossible, there- fore, to keep out of sight that this scheme is the first important and ftital movement in that direction, a movement whose consequences it may not afterward be possible to arrest or control, a movement which Avill compel an entire re-organization of the counties adjacent, and an entire change of municipal and political relations. One may say, that the county of Suft'olk can be abolished, as its jurisdic- tion is exercised almost entirely by the Mayor and Aldermen of Boston, and principally with reference to the court-house and jail — and that this duty could be advantageously conferred upon the authorities of Middlesex. 33 Another would find a remedy for all these ills in a simple repeal of the act creating the county of Norfolk out of the county of Suffolk ; retaining the districts for registry, and infusing ne\y habits of thought in the adminis- tration of judicial affairs, by summoning to the panel, jurors from the rural districts ; — but questions like these are not to be determined with reference to local, temporary or partial conveniences. Adherence should be had to the established policy of separate and distinct municipalities, as tending to- the diflusion and distribution of power, in perpetual antagonism to that concentration and consolidation of the powers of sovereignty, to which the movements and temper of the times and the events of the day and gener- ation are so irresistibly tending ; — that centralization which is at war with the democratic system of small town governments, as of little republics ; — that consolidation which is subversive of the best interests of the State. So far from permitting the system of representation by districts to be made the instrument of destroying the towns themselves, regard should be had to the maintenance of that system which makes the humblest town or city the rival of its neighbor, which induces watchfulness and a sense of responsibility in a democratic State, in perpetual antagonism to that odious policy, which once centred all in one royal line. Let it not be supi:)Osed that the same policy is applicable here which may have prevailed in cities differently constituted. It is the wonderful advantage of commercial position, and not legislative * or municipal policy or contrivances, either at Albany or anywhere, which has made New York a city of such magnitude and importance, — that com- mercial position which embraces the Hudson and East Rivers, from the Palisades to the Narrows and the Neversink. It was the necessity of con- trolling a suburban population for which the city was responsible, and not the choice of its inhabitants, that in the outset induced the city of Phila- delphia to extend its jurisdiction. But here the petitioners adduce not reasons like these, for they propose to bring to this city all the constituen- cies of an orderly, regulated, and established municipal government. But in this particular Massachusetts has at this time no occasion to ask of the Keystone or the Empire State, or to seek or adopt either modes or experi- ments elsewhere ; for you can look forth from these halls upon her heights and monuments, these suburbs and statues, and envy no other models. The scheme of the petitioners has its present significance as the first act in this drama of metropolitan ascendancy at home ; aiming at a mere nominal enlargement at the risk of an untried and hazaiTlous legislative experiment. If to be tried at all, it would be the part of wisdom to await the establishment of such metropolitan district, because, when created to control and overshadow, in after years, the legislation of the State, when the ordinances and by-laws and patronage of the one may be scarcely sub- ordinate to the statutes of the other, when we may weigh the relative influence of the Mayor of the District and the Governor of the State, then, undoubtedly, a charter will be granted, adapted to its uses, which will delegate to the people of these districts a limited control of their own affairs, and the relations of the suburbs may be thus changed by one per- manent and comprehensive act of legislation. 5 34 ALLEGED UIITATION OF LONDON. But some of the petitioners propose through this instrumentality to contribute additional importance to the city of Boston. In what mode the commercial importance of this city is to be increased by annexing to its jurisdiction these twenty-one hundred acres of back land, remote from the wharves and centres of business, or by this increase of population, from 192,000 to 220,000, at the expense of the loss and obliteration of the charter of its principal and most distinctive suburban city, can only be discerned by that telescopic vision which stretches beyond and overlooks the narrow conflnes of home interests, or penetrates the mazes of an untried future. Some of those who testify are loud in their expressions of admiration at the idea of a city with a large population, and London, New York and Philadelphia are their model cities. The answer is, annex as you may, you will realize but a feeble imitation. You may break away from your pres- ent distinctive New England system. The system you obliterate is nobler far than that which you inaugurate. Its adaptations are harmonious, com- plex and comprehensive. It is historic in its character, and founded in your annals and traditions. Laws and usages conform to and preserve its relations. NEW^ ENGLAND SYSTEM. There are men who appreciate the New England system, as may be seen In this quotation from the London Athenceum : "NewEnglandmay be considered the 8oul of the great Republican confederacy. It is not the most wealthy part of the American territory. It is not, perhaps, the most pictur- esque. It is certainly not the most noisy. Neither tlie capital of trade nor the capital of politics is built within its boundaries. It has not more roads, railways, ships, telegraphs, canals, than its neighbor ; not a more prosperous commerce or a nobler agriculture ; its his- tory is not more chivalric, nor its connection with great events or splendid men more close. Sections of country further south may boast of having sent up more noticeable men to the great .assemblies of the country. Virginia has a more romantic past, New York a more gor- geous present. Yet within the territories loosely designated New England, are found the intellectual and moral forces which make the Union what it is in the eyes of Europe. There lies the spirit of a pei-manent dominion. New England is the slow and serious part of the States, as the country to the south is the plastic, volatile and frivolous. Boston is Endin- burgb, as New York is Paris, and Philadelphia is Geneva. New England is, in fact, Old England. "Peopled by some of the very best men ever sent out from the motherland, it has remained pure in motive and in blood. Scarcely any admixture has taken place. No Lord Chief Justice Pophams ever poured into this territory the refuse of jails and stews. Few emigrants of foreign stock overturned into it. The climate is dry and sharp, the landscape is not brilliant, the soil is not rich. Thus the same causes which had drawn the Pilgrims to Plymouth as a refuge, kept away from the bleak rock their more worldly followers in the wake of emigration. No wild vines, or palmetto fruit, or dazzling birds allured the naviga- tor of its inhospitable coast. No fabled gold mines, — no reported pearl fisheries, drew the daring who made haste to be rich. The sky looked cold and dull. The soil barely promised corn and maize. To step on its shore was to encounter toil, want and care, in every shape which savage nature presents at a first interview to man. But the settlers who threw thcm- Belves on the rock, sought in their new home, — not fortune, but freedom; not gold and pearls, but God. 35 " They came alone, they remained and multiplied alone. In the three or four millions, which a few years ago made up the population of New England, no foreign element was visible in name or visage. The thousands had in six or seven generations multiplied into millions; but multiplied without mixture of race or transformation of character, just as they might have done in Yorkshire or East Anglia. While New York, under the influence of an immense irruption of Irish, Franks and Germans, continued without pause, like the first flowing of the Saxons into Britain, sunk into luxury or rose into crime, the less showy coun- try to the north remained intact — kept its own moral boundaries — and preserved the rigid and fervent character of its people remarkably free from change or stain. Thus, a nation, as it were, simple, solid and stable, grew up with another nation open to infinite fluctuations of thought, obeying every impulse of the moment, splendid, experimental and productive in its march of more showy events and exceptional men. But what is gained in speed is lost in power. The solid mass of New England character weighs far more in the destiny of America than the noisy smartness and ephemeral success of New York." Thus, we have another opinion. If Roxbury desires annexation, we trust she will be content to enjoy the accommodations of a post-ofllce in State Street, and not require its removal; she certainly will be relievedof the inconveniences of her present City Hall. There need be no further apprehensions upon the subject of nuisacces in the Back Bay. The Commonwealth, by its Back Bay Commis- sioners, has the matter in charge. The eye of the men of the highlands is upon it. From those eminences they view the exhalations which, like the mists of the morning, obstruct their view of the dome of the coveted metropolis. The western breezes sweep its odors to their doors. These nuisances will now be speedily removed, for in this last hearing they have abandoned the highlands, and matters more particularly related to the gov- ernment of the city, and made their chief movement and field of operations ou the marsh and Back Bay. COMMONWEALTH LANDS IN BACK BAY. It is a strange paradox that the petitioners have, at this hearing, made every eflbrt to produce the impression that the Commonwealth's pecuniary interests in the Back Bay lands (all of which are already within the limits of Boston) would be promoted by annexation. And at the same time their argument is urged, that if the highlands were in Boston they would be so superior to any of these new made lands that gentlemen of wealth and taste would seek them. So that perhaps there would be no occasion for the Commonwealth to fill more marsh lands, and Back Bay could remain as it is for a half century to come. WITHOUT PRECEDENT. I have said that such act of annexation would be without precedent, or approach to precedent in the State. At the time of the annexation of South Boston, in 1804, only twelve fami- lies were resident there. There was no bridge across the channel, and the number of families was not sufficient to support a ferry. To reach that territory, which was then in the town of Dorchester, required a journey of nearly four miles from the city proper. It is separated by an extensive body of salt marsh from the improved lands of Dorchester. 36 So also, in the more recent setting off of Washington Village from Dor- chester to Boston. It was a small precinct, in proximity to South Boston, and, if I rightly recollect, its annexation was consummated with the con- currence of Boston and Dorchester, as well as of the residents of the precinct. It would seem, certainly, that in such a matter as this, an almost entire unanimity of sentiment and opinion, clearly and unequivocally expressed, and not to be sought as a condition subsequent, ought to precede any discussion, even, of this subject within these walls. We ai'e not advocates of this system of centralization and consolidation. We protest against this forced inequality of judicial districts. We would have no cities grappled to cities by an exercise of the powers of sover- eignty, even by a majority of the people of the two cities, could such majority be had. We desire no reconstruction of our New England sys- tem. The legislators at a single session of the General Coui-t, ought not to regard a subject of this magnitude, as one of the ordinary incidents of legislation, familiar as the calendar or the orders of the day. Schemes of annexation like this can exert only slight influence in enhancing the commercial importance and prosperitj' of the city of Bos- ton. What are the elements which contribute to that importance ? Not, in any respect, the wide, unmeasured acres and areas out there, counted out in lots or meadows, gardens or pastures. No. It is State Street, with its hundreds of millions in values, in banking, and capital, and exchange ; its trusts and banks of discount and deposit. It is the railroads that reach their termini within the sound of the Old South bell, and bring their freights from the North and West, from the lakes and the mines, and from the wells down below them both. INCREASE OF THE DIPORTANCE OF BOSTON. It is these that bring their tributes to enhance the commercial impor- tance of the city of Boston. It is Franklin Street and Milk Street, the representatives of the factories of Lowell, of the spindles of Lawrence and iladley, of Newmarket and Manchester. It is Pearl Street, representing the tanneries of Danvers and the shoe marts of Lynn and Milford, of Essex and Middlesex, of Worcester and Norfolk, of Plymouth and Bristol. It is the wharves and docks, all the way round from the channels at East to the flats at South Boston, as they gather in the commerce of the seas. It is the character, the entei'prise and sagacity, the honor and integrity of its merchants, the wisdom of its legislators, it is these, more than extended areas and far-reaching lines of boundary, that conduce to the prosperity and importance of our New England city. We may have lieard, perchance, of the East India and Victoria docks, the Royal Exchange, the Strand, and Cornhill, and Tlireadneedle Street ; but of those extensive districts m;uiy of them containing perhaps a larger population tlian that of the entire city of Boston, Lambeth, Islington, Pancras, Marylebone, and Pimlico, comparatively less. Most assuredly we should be legislating in a wrong direction, and reversing the wonted course of legislation. Division and subdivision 37 have been the watchwords. Witness the district system for the election of Councillors, Senators and Representative ; West Roxlniiy set off from Eoxbury, Somerville from Charlestown ; South Danvers, Belmont and Win- chester. It is going backward, to mould our municipal systems after the usages of the old world. There is no occasion for these movements, which fore- shadow or necessitate the changes of a metropolitan district. True, there goes a saying, echoed in this hall, that annexation is " inev- itable." We heard it in years gone by. It is difficult to discourse with one whose schemes and conclusions are all " inevitable." There is little profit in prophesying, unless you prophesy inevitable things. Some hun- dred years ago there was a prophet who predicted that the city of London by this time, would by necessity, — by inevitable necessity, making all allowances and deductions for the ravages of war and pestilence, — contain a population, not as now, of three millions only, but a multitude, com- pared with which the present is as a fraction. Results may be inevitable, yet premature, — by a century premature. Decay is inevitable, and yet it may be premature. It is premature to-day to map out Boston and its surrounding districts, to adapt its jurisdictions to the similitudes of the cities of the old world. It will be a long time before, this city, annex its suburbs as you may, will contain a population of three million upon an area but little larger than one-third the teri-itory of Norfolk. It will be a long day before it may compare with London, either in population or its seventy or eighty thou- sand acres of territory. Long before it will be embraced in four counties — for its population has not yet equalled that of some of the districts of that distant city. It would be the part of wisdom to defer action, because it is less and less probable that this application will be hereafter renewed. The heavy debts uow contracting on the part of these cities, render it less probable that Boston, for the next generation at least, will be able or disposed to lavish its treasures upon the suburban districts ; and experience has proved that improvements in the suburbs must mainly depend upon the enterprise and resources of those suburbs themselves, and the wants and necessities of these communities are more readily and voluntarily supplied by those who participate most directly in their advantages. VOTE OF THE CITIES. Finally, I recur again to the suggestion, that these cities should by their corporate and organized action, in the first instance by the vote of Rox- bury, and the vote of the government of Boston, submit this question to you as the arbiters and tribunal to determine these expediencies, and that this should not be made to depend as a condition subsequent. And for obvious reasons ; because, that should such an act as this find any favor here, there is no reasonable probability that the citizens would be con- touted to abide the result. For the men who are at their homes to-day, who anticipate no such result as this, would become the petitioners then. They would come to ask at your hands the restoration of their former 38 fights, immunitieg and privileges, the liberty to assume again the name of their ancient and honored municipality, with that date which preceded the necessities of charter ; in those names so inseparably associated with her own, in the eventful days of her history, with the flags that upholster these halls, they would ask at your hands the restoration of their charter, the right to govern themselves ; and for aught that you or I can say, on some other day the men of Massachusetts, with one universal condemna- tion of such an act as this, may reverse or expunge the record; and there- fore, I say, an almost entire unanimity of sentiment and opinion ought to precede any legislative action on this subject. When, in the years of the past, a demand has been made for new avenues towards the metropolis, and the citizens of Roxbury and of the county of Norfolk have undertaken public improvements in this portion of the county, the enterprise has been urged in the assurance then that they would open sources of revenue which would aid in sustaining the burdens of taxation ; that the additional tax to be derived would warrant the expenditure. Ought then a change of jurisdiction to be permitted to divert that revenue ? Is not public detriment occasioned by such changes ? And is it said that they are to be retained, in order to tax them? Not at all: they do but bear their share of the common burdens. We are not " misled " in the belief that annexation must be attended with heavy increase of taxation to Roxbury, without corresponding benefit to Boston, in the charge of these suburban interests, clamoring for improve- ments for which they cannot afl'ord to pay. We are not misled in the belief that the prosperity of Roxbury is derived, not so much from the fact that its lands are sought alone for palatial residences, but also that those lands are sought by those who search for cheaper and less expensive habi- tations. That it has a home industry peculiarly its own. That not all its citizens adopt the language, " We are Boston now." Not all are residents in body, non-residents in soul. The old hearth-stones are not yet forgot- ten. Its past is rich in traditions. Its present is replete with prosperity- No destructive arm of legislation should imperil the vicissitudes of its future. //