Papers of John Adams, volume 1

Report of the Braintree Committee for Repairing Highways, 21 May 1764 JA Niles, Samuel Hayward, Joshua Braintree, town of

1764-05-21

Report of the Braintree Committee for Repairing Highways, 21 May 1764 Adams, John Niles, Samuel Hayward, Joshua Braintree, town of

Report of the Braintree Committee for Repairing Highways

Braintree, 1764 May 21st.

The Committee appointed to Consider of Some Plan for Repairing the High ways1 having taken the Same into Consideration Report as follows (viz.)

That there be a Tax laid on Polls and Estates this present year for that purpose.

That the Tax on Polls be two shillings per Poll and the Same proportion on Estates according to the Last Town Tax.2

That the assessors be directed as soon as may be to assess the Inhabitants accordingly and to deliver to the Several Surveyors a List of those Persons that are or may be assigned to their Respective districts with the Several Sums each one shall be Respectively assessed and that each Person so assessed shall have Liberty if he See Cause to pay the Sum he is assessed in said List or Tax in working on the High ways at the Rate of Two Shillings Per Day for a Man, Two Shillings Per Day for a pair of oxen, and eight pence Per Day for a Cart and Two Shillings Per Day for a Horse and Horse Cart. And if any Person or Persons shall refuse or neglect to work out his or their proportion at the Rates aforesaid on their being Legally Notified by the Surveyor in that Case the Surveyor or Surveyors shall return a List of Such Delinquent or Delinquents by the first of November next to the assessors with the Sum due from each one Respectively which Sum or Sums of Money remaining due on said Tax the assessors are directed when they make the next Town Rate to add to Such Delinquents Town Tax in a distinct Collumn by it Self and to impower the Several Constables in their Warrants to them to collect the Same and pay it in to the Town Treasurer. Excepting as hereafter expressed (viz.) That if it should be found unnecessary to Expend the full of that Proportion on the ways in the North Precinct that one half of Such Surplusage be returned to the Precinct Treasurer of that Precinct and for the use of that precinct and that the other half be returned to the Town Treasurer. And further. That all such Sums of money as shall come in this Way into the Town Treasury be appropriated to the Reparation of High ways in the Town and to no other purpose.3 And that each Surveyor be impowered to hire Persons at Customary Reasonable wages to work on the High ways to the amount of the Sum to be worked out by his district which Persons shall be paid by draughts on the Town Treasurer.

All which is Submitted. Saml. Niles Joshua Hayward John Adams

The above Report being Read was voted accepted and the Reparation of the High ways within said Town to be managed in Conformity thereto the ensuing year.

100

MS (Braintree Town Records, 1731–1783, p. 227–228); in hand of Elisha Niles, town clerk.

As early as 1730, Braintree's town meeting had considered proposals to substitute a system of tax-supported road maintenance for the traditional reliance on annually appointed surveyors who were expected to get out the inhabitants to labor, or furnish labor, on the roads (CFA2, Three Episodes , 2:674–676). On 1 March 1756, the town adopted such a plan, but the decision was reversed by another vote two weeks later. Although the question was revived in 1760 and 1761, Braintree did not actually approve the experiment of “Repairing the Highways by a Tax” until the town meeting of 19 March 1764 ( Braintree Town Records , p. 346–347, 370, 376, 395).

JA was instrumental in winning this reform in Braintree in 1764, and his 21 March 1761 memorandum on local conditions and legal authorities respecting the question of road assessments ( Diary and Autobiography , 1:203) demonstrated his long-standing interest in the subject. In later years, JA recalled that the old system left the roads “very bad, and much neglected,” and that he considered “a Tax a more equitable Method and more likely to be effectual.” Thus, at the town meeting of 19 March 1764, he joined advocates of the road tax “in a public Speech, carried a Vote by a large Majority and was appointed to prepare a By Law to be enacted at the next Meeting.” Having learned that Roxbury and Weymouth had already instituted the maintenance plan under discussion in Braintree, JA continued: “I procured a Copy of their Law and prepared a Plan for Braintree, as nearly as possible conformable to their Model, reported it to the Town on 21 May and it was adopted by a great Majority” (same, 3:279).

The last tax, set 24 Aug. 1763, was £300 ( Braintree Town Records , p. 393). The proportion of town taxes to be paid by estates has not been ascertained; but if Braintree in apportioning town taxes followed the customary practice in Massachusetts with regard to province taxes, it would expect to raise two-thirds of the total tax from estates, the other third from polls.

The plan adopted by Braintree differed slightly from the Weymouth model as to rates of assessment and of valuation of labor and draft animals, but JA's plan preserved the basic principles of the Weymouth system: townsmen might fulfill their obligations by either labor or taxes, and the proceeds of such tax payments were reserved for bridge and highway maintenance. See Weymouth Hist. Soc., History of Weymouth, Massachusetts, Boston, 1923, 2:568.

Report of the Braintree Town Committee to Lay Out the North Common, 1 April 1765 JA Niles, Samuel Bass, Jonathan Braintree, town of

1765-04-01

Report of the Braintree Town Committee to Lay Out the North Common, 1 April 1765 Adams, John Niles, Samuel Bass, Jonathan Braintree, town of

Report of the Braintree Town Committee to Lay Out the North Common

Braintree, 1765 April 1st.

The Committee who was directed to take a Plan and make Division of the North Commons (so called) at the Meeting of the Town in March last past having proceeded on that affair1 and have taken a Plan thereof Excepting the following peices (viz.) about Three acres taken off by the Road at the Swamp called purgatory swamp, about 101four acres taken off by the Road or Towns Way between Benja. Savels and Joseph Crains, about one acre opposite to William Fields House part of which is fenced and improved by said Field, about four acres near the Lane leading from said Commons, to Deacon Joseph Neals, and about four acres taken off by the Towns Way East of Capts. Bridge so called and have Divided said Commons (the above mentioned peices Excepted) in the manner described on the Plans herewith presented.2

Concerning the fence the Committee find rail fence in some Places where by the Leases stone wall was to be built and in other parts the stone wall not according to the Leases. But that in general the wall is well built and stands well. The Committee also find by the accounts of Mr. Elisha Niles Town Treasurer that said Leasees have not accounted or Settled with him for any stones taken off said Commons since the Expiration of the first Lease. All which is Submitted by

Saml. Niles John Adams Jonathan Bass Committee

The above Report being read before the Town was Voted accepted.

Then Samuel Niles Esqr., Mr. John Adams, and Mr. Jonathan Bass, were Seperately Chosen a Committee to Settle with the Leasees of the North Commons respecting their obligation to the Town and Provided said Committee and the Leasees do not agree then said Committee and the Leasees mutually to agree on Men from some other Town or Towns to determine the Same.3

Voted The above said Committee inform themselves in the best manner they can Respecting stones carried off said Commons since the Commencement of the Last Lease and that they Settle with such Persons as have carried off stones on the Same Condition as sett in the first Lease.

Voted the abovesaid Committee Proceed as soon as Conveniently may be to the Sale of the said North Commons the Lotts as Exhibited on the Plan of said Lands to be sold Seperately at Publick Vendue to the highest bidder.

Voted The abovesaid Committee have full Power in the Name and Behalf of the Town to make and Execute good and authentic Deeds of said Lands to the Purchasers.

Voted That said Committee take obligations of the Purchasers of said Lands said Obligations to be made to the Treasurer of Said Town of Braintree or to his Successor in said office for the use of the Town 102and that there be two Sureties to the Satisfaction of said Committee bound with each purchaser, Except where Cash is paid.

Voted said Committee make Sale of those peices of Common Lands that are not included in the Plan Exhibited to the Town but Described in their Report to the Town.

Voted That the aforesaid Committee before they Proceed to the sale of said North Common Land make provision for such Drift Ways4 thro such parts of said Lands as may be Necessary.5

MS (Braintree Town Records, 1731–1783, p. 231–232)); in hand of Elisha Niles, town clerk. In entering the day's proceedings, Niles erroneously copied the first of two resolutions adopted in pursuance of the committee's Report before the text of the Report itself. Realizing his error, he noted: “The Report of the Towns Committee which was omitted in its proper place as it preceeded the votes Respecting the Commons is as follows (viz.).” He then copied the Report and continued his entry with the last five votes taken thereon. The Report and votes are here printed in their correct order.

As the date for the expiration of the leases on Braintree's North Common approached, the town considered the wisdom of selling these lands outright. The agenda for the town meeting of 5 March 1764 included this question, but no action was taken that year ( Braintree Town Records , p. 393–394). As JA recalled the controversy, the South and Middle Precincts of the town favored the sale, while the North Precinct opposed it. As for himself, JA thought “the Lands in their common Situation . . . of very little Utility to the Public or to Individuals” and supported their sale when the issue was once again brought before the town meeting in March 1765 ( Diary and Autobiography , 3:279). On 5 March, the town voted to sell the North Common, “as soon as conveniently may be after expiration of the Leases,” and named JA, who had just begun his term as a surveyor of highways, Samuel Niles, and Jonathan Bass a committee to divide the Common into salable lots as well as “to observe how far the Leasees . . . have or have not fulfilld the conditions of their Lease” ( Braintree Town Records , p. 399, 400). To lay out the lots, JA, Niles, and Bass spent “three or four Weeks” with “Chainmen” and surveyors as they “rambled . . . over Rocks and Mountains and through Swamps and thicketts” so that they might submit their final plan for division of the Common on 1 April ( Diary and Autobiography , 3:280). For the town's earlier sale of South Common and for the background of the problem of common lands in Braintree politics, see Reports of 12 April and 19 May 1762, above.

The plan or plans mentioned here and above have not been found.

This and the paragraph which follows were erroneously copied by the town clerk into the MS before instead of after the committee report. See descriptive note.

Driftway: “Local, Eng. A common way or path for driving cattle” (Webster's, 2d edn.).

For the committee's execution of the duties assigned by the resolutions of this date, see Report of 30 Sept., below.