65 MA Jopy 1 )%€ HOUSE. No. 70. REPORT ON THE REMOVAL OF THE SEAT OF GOVERNMENT. 4~^ i . f •:■' '.Mf SEAT OF GOVERNMENT. [March, &ommoutocaltfj of jyHassatfnt^ett^. House of Representatives, Feb. 26, 1839. Ordered, That a Committee of one from each county be appointed, to consider and report upon the expediency of removing the Seat of Government of this Common- wealth from Boston to some interior town, and the fol- lowing gentlemen were appointed, namely : Messrs. Hood, of Lynn ; Fairbanks, of Boston; Locke, of Charlestown ; Washburn, of Worcester; Smith, of Hadley ; Munn, of Monson; Sheldon, of Leyden; Lawrence, of Dalton ; Thayer, of Braintree ; Macomber, of New Bedford ; Farris, of Plymouth; Jones, of Falmouth; Bradley, of Tisbury ; Briggs, of Nantucket. Signed, L. S. CUSHING, Clerk. 1839.] HOUSE— No. 70. 3 &ommontotiilt{j of J^tassacfmaettB. House of Representatives, Boston, March 30, 1839. The Committee appointed under an order of the House, on the 26th February last, " to consider the expediency of removing the seat of government to some interior town," respectfully ask leave to submit the following RE PORT: They view the question submitted to them as one of grave importance, — one in which the varied interests of the Commonwealth are deeply concerned, on account of its bearing and effects upon the future welfare of society. In entering upon the consideration of the subject, they cannot but feel sensibly the important duty which devolves upon them, to lay aside all local feelings and prejudices, and approach it with a solemn sense of their responsive- ness to the people of the whole Commonwealth. The reasons which probably induced the Legislature of 1795 to locate the State-house in this city, are no longer in operation. At that time, Maine was a part of our terri- tory ; such were the condition of the roads, and the diffi- 4 SEAT OF GOVERNMENT. [March, culties of travelling in the country, that a large portion of the population of the State was better accommodated by having the seat of government on the seaboard. The town of Boston was more accessible, and the means of receiving from, and transmitting information to, the dif- ferent parts of the Commonwealth, were greater there than at any other place. Now the voice of Maine is no longer heard in our councils. Our State is intersected by fine roads in every direction. By removing to some place in the interior, near one of the great rail-roads, there would be as much convenience for travelling, and communication could be kept up with the remote parts of the Commonwealth, with as much facility as in the city. At the time the present location was made, Boston had but a small part of the influence she now possesses. She had then seven representatives and three senators. Now she is entitled to fifty-six representatives and six senators. Her wealth and power in other respects have increased in a still greater proportion. The valuation of property in the county of Suffolk, in 1830, was $80,244,000. The whole valuation of property in the State, in 1830, was $208,000,000. Suffolk had more than any four counties in the State, and more than nine of the smaller counties, and, as we shall proceed to show, controls the principal part of the monied power in the whole Com- monwealth. She is the head, and controls, mainly, the vast number of corporations that have grown up under the fostering care of our government. She is also the head, and has the management, of the powerful machinery of our banking system. The Suffolk Bank is the greu centre, around which the minor satel- lites, throughout the State, revolve ; and it is the boast of the friends of the " Suffolk system," that, by her 1839.] HOUSE— No. 70. 5 power, they are kept within their orbits, and are regu- lated and restrained. Here then we have 120 banks, scattered throughout the Commonwealth, with an aggre- gate capital of $35,000,000, and a circulation of #10,- 000,000, all regulated and controlled by the banks in this city. To this vast amount of individual and corporate wealth and commercial influence, is to be added the powerful talents that are always at their command, — also, a still greater power, that of the press. The power exercised through the medium of the press, by the great interests centered in this city, is so generally acknowledged and so well understood, that it is unneces- sary for us to enlarge upon this point. Enough has been said to show, that there is concentrated here a tremendous influence, which is liable to be abused wherever these interests come in conflict with the will of the people. It must be apparent to reflecting men, that, in times of high party excitement, this powerful influence can be, and, without doubt, has been, brought directly to bear upon the action of the legislative and executive branches of the government. It would seem, then, to be the part of wisdom to remove them as far beyond the reach of these influences as possible. The power of these great interests will, without doubt, be exercised, wherever the government may be located ; but it must be obvious, that, in a great city, where they are necessarily brought into direct contact, and where there can be brought to their aid the social influences, which operate so powerfully on the minds of men, there the danger is much more to be feared. That Boston will continue to increase in power, wealth and influence, in a much greater ratio than she has here- 6 SEAT OF GOVERNMENT. [March, tofore, cannot be doubted. An extensive and increasing commerce is pouring streams of wealth into the already well filled coffers of her merchants, the numerous rail- roads that are diverging from her in all directions, will bring in a vast amount of trade, — the products of the soil, f and the manufactures of the interior, will be brought to her market. In addition to all this, we are told that the immense trade of the new and flourishing states of the west, is to be poured in showers of gold upon her, over the great western rail-road, to which the State has so liberally lent her aid. We hope the anticipations of the most sanguine will be realized. As sons of Massachu- setts, we are proud of the high character of the " literary emporium," — her scientific and literary institutions, her noble charities, her princely merchants, the works of her authors, the skill of her mechanics and artisans, are an hon- or to our State. We would do nothing to abridge her pros- perity, but would use all proper means to encourage her cit- izens in their laudable efforts for improvement. We have great confidence in the honor and integrity of her citizens, but the history of the past teaches us a lesson which we can- not overlook ; — that power, wherever it has been concen- trated, and placed beyond the reach of the people, has al- ways been abused. It was remarked by a sage observer, one well skilled in a knowledge of human nature, and for many years a member of the different branches of this Legislature, that Boston would have her full share of in- fluence, if she had but one member in either branch, so long as the seat of government remained there. Your Committee are deeply impressed with the con- viction, that the purity of legislation, and the unbiassed administration of the government for the good of the whole people of the Commonwealth, are of importance, 1839.] HOUSE— No. 70. 7 paramount to all other considerations, which have a bear- ing on this subject. They are satisfied that these de- mand the immediate removal of the seat of government to the country. In regard to convenience, we have before stated, that the facilities for travelling and rapidity of communication, would be equally as great in the country as in the city. Wherever the State-house may be located, there will be found ample accommodations for the members. The en- terprise of our people leaves us nothing to fear on this score. The people of our State are evidently in favor of a pru- dent and economical administration of the government. The executive officers and members would be able to live at much less expense in the country than they can in the city, for the same reasons that private families can do so. Rents are there much lower, as well as most other expenses. Thus would be taken away one of the prin- cipal arguments in favor of paying high salaries. The large number of clerks and other individuals employed in the public offices, could be hired for much less than they now receive ; they are obliged to demand more pay in consequence of the great expenses of living in the city. Again — it cannot be doubted that the sessions of the Legislature would be much shortened, and thereby a large sum saved to the treasury. The business of the State would not only be done in less time, but it would be done much better, and with more efficiency. There are so many objects of pursuit, to distract the attention of the members in the city, and so many of them have their private business to attend to, it is to be feared that the business of the State is often neglected. If they were go- ing into the country to legislate, they would arrange their 8 SEAT OF GOVERNMENT. [March, private affairs beforehand, and go prepared to devote their undivided attention to the important business entrusted to ' them by their constituents. It has been stated, that if the seat of government should be removed, this State-house and land would re- vert to the city. Your Committee called on the Attor- ney General for his opinion on the subject, which is ap- pended to this report. [See document marked A.] He also furnished them with a copy of the deed of the town of Boston to the Commonwealth. [See document B.] Your Committee concur fully with the Attorney Gen- eral in his opinion, that " the Commonwealth has an ab- solute and indefeasible title to the premises." There is nothing in the deed respecting reversion of the property — it was conveyed to the State in " fee simple forever." We are satisfied, that the Commonwealth has a right to sell it at any time, and give a clear title to the purchaser. The exhausted state of the treasury has been brought forward as one of the principal arguments against removal. This has no weight, for it will be readily seen, that more money will be put into the treasury, than will be drawn out, by the proposed measure. This State-house, and land, it is estimated, will sell for from 400,000 to 500,000 dollars.* A splendid new State-house can probably be built, for about 300,000 dollars. This State House cost about $140,000. It will be desirable to build one larger, and more convenient, as well as an orna- ment to our State. The land to build it upon will most probably be furnished by the town in which it may be located, therefore we may safely calculate upon putting * Since writing the foregoing, we have seen it stated in one of the Bos- ton newspapers, that this State-house and land, is worth a million of dollars. 1839.] HOUSE— No. 70. 9 money into the treasury, after paying all the expenses of the change. Your Committee were informed, that the city of Bos- ton, contemplates building a City Hall. This State- house, may probably be disposed of favorably for that purpose. Some of your Committee were disposed to refer the subject of removal, to the next Legislature, in conse- quence of Boston's not being fully represented at this session. They were, however, informed by some of her delegation, that they were ready to meet the question now, and that they expected the opposition would prob- ably come from another quarter. Your Committee were highly gratified by the magnanimity, exhibited by them on this occasion. It has no doubt, been very pleasant to the country members, to spend the period of the sessions amid the cordial hospitalities of their city friends. Many who have business here, have probably found it more con- venient than any other place. It cannot be supposed that any considerations of private gratification, or convenience, will be allowed to have any weight in forming an opinion on this subject. A proper regard to the oath of office, and the interests of their constituents, will lead all to decide impartially. Their action at this time will without doubt have an im- portant bearing on future legislation. Your Committee would call the attention of the House to the course pursued by our sister states. Nearly all of them have iocated their seats of government in the inte- rior, often at a great sacrifice of present convenience. It cannot be doubted, that the principles discussed in this report, had great weight in the minds of their legislatures. 2 10 SEAT OF GOVERNMENT. [March, It is one of the strongest characteristics of the citizens of our State and country, that they are a people jealous of their liberties; they watch with a cautious eye, the least infringement of their rights. It is only necessary to point out to them an evil, and they are ready to take efficient measures, to correct it. If those they have set up to watch over their interests, are not vigilant, and active, they will be called to a strict account. The people do not expect them to wait for them to come here with pe- titions, and point out abuses, and liabilities to abuses. They expect their servants to be ever on the watch, to protect their interests, and always ready to act promptly and efficiently, whenever it becomes their duty. In view of the considerations herein set forth, your Committee have, come to the conclusion, — that it is ex- pedient to remove the seat of government to some inte- rior town, as soon as practicable. They therefore recommend the passage of the annexed resolves. All which is respectfully submitted, By order of the Committee, GEORGE HOOD, Chairman. 1839.1 HOUSE— No. 70. 11 <£ommotitoraltf) of JBas^icfjuaeits;. n the Year One Thousand Eight Hundred and Thirty- Nine. RESOLVES Concerning the Removal of the Seat of Government. Resolved, That if the Senate concur, this House will meet them in convention, on the day of and proceed to choose by ballot, five Commissioners, whoso duty it shall be to report to the next Legislature on the following subjects, viz : 1st. The most suitable, and convenient place for the location of the seat of government, in one of the counties of Worcester or Middlesex, and the conditions on which an eligible site can be obtained, to build a State-house upon, and other necessary buildings, for the use of the Legislature and Executive branches of the government. 2d. To procure a plan for a State-house, and other necessary buildings. 12 SEAT OF GOVERNMENT. [March, 3d. To ascertain the conditions on which this State- house can be disposed of to the city of Boston or other- wise. Resolved, That the compensation shall be two dollars per day for not exceeding twenty days, and one dollar for every ten miles' travel, from their several places of abode, and the governor is hereby authorized to draw his warrant on the treasury, for the payment of the same. 1839.] HOUSE— No. 70. 13 [A.] Attorney General's Office, 12 March, 1839. Sir: — In answer to jour letter of 9th inst., I have the honor to enclose, for the information of your Committee, a certified copy of the deed of the town of Boston to the Commonwealth, of the State-house land. A difference of opinion exists among professional men, as to the true construction of the grant, and in case the Commonwealth should undertake to alienate the property, it is very probable the city of Boston would interpose an objection, and a lawsuit be the consequence. In my judgment, any such lawsuit to recover the prop- erty for the city would be unsuccessful ; and that tht Commonwealth has an absolute and indefeasible title tc the premises. With great respect, your obedient serv't, JAMES T. AUSTIN. Geo. Hood, Esq. 14 SEAT OF GOVERNMENT. [March, [B.] To all People to whom these presents shall come : We, William Tudor, Charles Jarvis, John Coffin Jones, William Eustis, William Little, Thomas Dawes, Joseph Russell, Harrison Gray Otis and Perez Morton, all of Boston, in the county of Suffolk, and Commonwealth of Massachusetts, Esquires, a committee of the town of Boston, aforesaid, and in behalf of the inhabitants of said town, hereto lawfully authorized ; send Greeting : Whereas the Legislature of the Commonwealth of Massachusetts did, at their last session, by a resolution passed the fifteenth day of February last, resolve to erect, build, and finish a new State-house, for the accommoda- tion of all the legislative and executive branches of gov- ernment, on a spot of ground in Boston, commonly called the Governor's Pasture, provided the town of Boston would, at their expense, purchase and cause the same to be conveyed, in fee simple, to the Commonwealth ; and did appoint the Hon. Thomas Dawes and Edward Hutch- inson Robbins, Esq. and Charles Bulfinch, Esq., agents on the part of said Commonwealth to erect the said build- ings, and to receive a deed of said land : And whereas, the aforenamed committee, being thereto duly authorized by the inhabitants of said town of Boston, have purchased the said pasture, in fee to the inhabitants of said town, for the sum of four thousand pounds, lawful money, and are also authorized to convey the same to the Commonwealth in fee simple, agreeably to the provision in the resolution aforesaid. Now, therefore, Know Ye, that we, the afore- 1839.] HOUSE— No. 70. 15 named committee, under the authority aforesaid, in the name and on the behalf of the inhabitants of said town, in consideration of the premises, and of five shillings paid us by the agents of the Commonwealth aforesaid, do hereby give, grant and convey to the Commonwealth of Massachusetts, a certain piece of land, situate in Beacon- street, aforesaid, commonly called Governor Hancock's Pasture, the same being butted and bounded as follows : beginning at the southeasterly corner of the garden of the late Governor Hancock, and thence running an easterly course on Beacon-street, about five hundred and forty- three feet three inches, more or less, to the corner of a street or passage-way leading up Beacon Hill ; thence running a northerly course upon said passage-way, towards the summit of said hill, two hundred and forty-nine feet, more or less ; thence running a westerly course upon another passage-way, leading round said hill, two hundred and thirty-five feet and three inches, more or less, until i* meets the northeasterly corner of the said late Governor garden ; thence running on a line with said garden, neaf' straight, about three hundred and seventy-one feet, to th first mentioned bounds. The above description being in- tended to comprise the said pasture as it is now fenced in. To Have and to Hold the above given and granted premises and appurtenances to the Commonwealth of Massachusetts, aforesaid, in fee simple forever, for the purpose of erecting, building, and finishing thereon a State-house, for the accommodation of all the legislative and executive branches of government, and such other public buildings or offices, with their appurtenances, as may be necessary and convenient, and may be required for the suitable accommodation of the several departments of government. In witness whereof, we, the said com- 014 012 644 5 4 16 SEAT OF GOVERNMENT. [March, '39. mittee of the said town of Boston, in behalf of the said inhabitants of said town, by them hereto authorized, have hereunto set our hands and seals, this second day of May, in the year of our Lord one thousand seven hundred and ninety-five : Wm. Tudor, H. G. Otis, John C. Jones, ™ Cha's Jarvis, William Eustis, Tho's Dawes, Jos. Russell, William Little, Perez Morton, and seals. Signed, sealed and delivered in presence of us : Nathan Dane, Samuel Barrett, witnesses to the executing this deed by Wil- liam Tudor, John C. Jones, Tho's Dawes, Joseph Rus- sell and Perez Morton, Esquires. Samuel Barrett, Jer- emiah Allen, witnesses to the executing this deed by Charles Jarvis, Esquire : Samuel Barrett and Eliza Bar- rett, witnesses to the executing the foregoing deed by William Little, William Eustis and Harrison Gray Otis, Esqrs. Suffolk, ss. : On the second day of May, A. D. 1795, William Tudor, Harrison Gray Otis, John Coffin t,ones, Charles Jarvis, William Eustis, Thomas Dawes, e jseph Russell and William Little, Perez Morton, Es- t h\res, severally acknowledged the aforegoing to be their A «ed. Before me, Samuel Barrett, Justice of the Peace, ^eb'y 11, 1796. Rec'd, entered and exam'd. Pr. HENRY ALLINE, Reg. A true copy from the Registry of Deeds of the county of Suffolk. Lib. 182, fol. 144. Attest, HENRY ALLINE, Reg. 9 ./TV LlDMMm ur^iNO^ 014 012 644 5 *