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CHAPTER XVII.
INSURANCE AND THE LEGISLATURE. INSURANCE in its
legitimate functions is a kind of charitable enterprise, in which the
participants give a certain sum toward a general fund for the relief of such
subscribers as meet with misfortune. It does not always answer the purposes for
which it is intended; but is, as a general rule, an institution worthy of
Christianized civilization, and of great advantage to the community. By means
of insurance, the losses by the fire were largely distributed, and the
consequences of the disaster made much less appalling. The fifty-two million
three hundred and fifty-eight thousand and five hundred dollars secured by
policies of the insurance-companies was of untold advantage to the business of
the city, and was distributed nearly as follows: New-York companies,
$7,850,500; Massachusetts companies, $30,710,000; Connecticut companies,
$4,000,800; California companies, $75,000; Illinois companies, $30,000; Maine
companies, $500,000; Missouri companies, $25,000; Minnesota companies, $50,000;
New-Jersey companies, $17,000; Ohio companies, $205,000; Pennsylvania
companies, $2,776,500; Rhode-Island companies, $920,000; Wisconsin companies,
$50,000; foreign companies, $5,250,000. Out of the sum set
against the Massachusetts companies, there must be taken several million to
allow for the deficit where companies could not pay in full. Sad news indeed
were the words “cannot pay in full” to those who already had sacrificed so near
their all on the shrine of fire; yet many heard it, and wept. No sooner did it
appear certain, that, in many instances, the companies must fail, than the same
stockholders, keeping the same names, attempted to organize new companies to
carry on the business of the bankrupt one, or rather to get the benefit of the
outstanding policies and their renewals. Whether there was too much haste to
form new companies, and a neglect of the claims and needs of those who demanded
payment for their losses, it is difficult for an historian, with so little time
for investigation, to decide. Certain it is that there were dissatisfaction and
complaint on the part of the losers, and much solicitude for new charters and
new stock on the part of the insurers. But in the legislature of the State lay
the power to give them a new lease of life; and to that they appealed. There were other
causes, however, why the legislature was called to meet; although the primary
cause was the failure to pay on the part of the companies. There would have
been less need of financial assistance or for the credit of the city had not
the companies been so sadly crippled by the awful destruction. At the second
meeting of the General Relief Committee, organized as before stated, the
following resolution was adopted: “Resolved, That the mayor be requested, in
behalf of the city, to request his Excellency the Governor of the Commonwealth
to call an extra session of the General Court for the following purpose; viz.:— “To pass a law enabling the city of Boston to
make and issue, for not exceeding twenty million dollars in amount in the
whole, its bonds, payable in not less than ten years, at a rate of interest not
exceeding five per cent interest for those payable in gold, and six per cent
for those payable in currency; to be called the Summer-street Fire Improvement Bonds;
to be placed in the hands of a commission of not more than five persons, to be
appointed by the mayor, with the approval of the city council, whose duty it
shall be to lend such bonds or their proceeds to such owners of land burnt over
by the recent fire who shall make application therefor, and commence rebuilding
on the burnt land within one year from the date when the streets shall have
been laid out anew and been made ready for rebuilding; and shall secure said
loan upon the said land by a mortgage conditional for the use of said loan in
rebuilding upon said land so burnt over, and conveying a title satisfactory to
the city solicitor; and the proceeds of said loan not to be advanced until the
building on said land has made such progress as to insure its completion in the
belief of said commission, and such further provisions and conditions to be
annexed to said loan by the commissioners as shall in their opinion afford the
greater necessity of its use for the purpose of rebuilding on said land and of
its being repaid to the city.” The presentation of
this resolution to the governor by the committee appointed for that purpose,
and the solicitation of others interested in insurance, resulted in a special
meeting of the Executive Council. Gov. Washburn presided: and there were
present Lieut.-Gov. Tucker, and Messrs. Reed, Fitch, Stoddard, Macy, Winn,
Hildreth, and Chase, of the Executive Council; the committee of the Citizens’
Relief Committee, consisting of Messrs. William Gray, Ex-Gov. Claflin, Judge Abbott,
Martin Brimmer, Otis Norcross, Avery Plumer; with Mayor Gaston, President
Dickinson of the Common Council, and Alderman Jenks. Besides these there were a
committee from the Boston insurance-offices, and the Hon. Samuel Hooper, the
Hon. C. L. Woodbury, John B. D. Cogswell, Esq., and a few others. After the council
had been called to order, the Hon. William Gray said that he and his associates
on the committee appeared before the council in perfect accord with the city
government of Boston, and in complete sympathy with them. The city government
had passed an order desiring that a special session of the legislature should
be called, to give it power to act on matters, so that no cavil could be raised
in relation to their doings, with the intention to put Boston in the position
she was on Saturday morning last. It was desirous to have many streets widened,
and others straightened; and, for them to do this in a comprehensive manner,
legislative action would be necessary. The area of the burnt district was about
sixty acres, — equal to the Common and Public Garden combined. It was the
general impression that the city government had power to do all this
street-widening and laying-out; but it was found not to be so, and thus the aid
of the General Court was necessary. The supposition is, that twenty million
dollars’ worth of buildings had been destroyed, some of these being very poor;
and the estimate for rebuilding was some thirty million dollars, while the loss
of personal property was set at from fifty million to eighty million dollars.
The committee did not come to ask aid from the Commonwealth or any person, but
to ask that the legislature might be convened to allow the city to exercise the
power of eminent domain, and to enable the city to borrow money to enable her
people to rebuild their stores and to resume business. In asking this, they
were willing to have the act put in such form as would make the city perfectly
safe in any loans which may be made from the treasury; and by the passage of
such an act the outside men who have lost their property will be benefited, as
they would then be able to obtain money without going to extortioners. If the
legislature passed such an act, he felt assured that within two years the burnt
district would be rebuilt, and the whole business of the city be again in a
prosperous condition. Mayor Gaston then
addressed the council, and said, that, as far as he knew, it was the unanimous
wish of the people that a special session of the legislature should be called.
He could see no objection to such a session, except the cost; but, when it was
remembered that Boston paid one-third of this cost, — and, when the agencies of
men doing business in the city are added, perhaps she paid one-half, — there
cold be no valid objection to the request. The session Was asked for to enable
the city to make improvements in her streets and the construction of her
buildings; to give employment to thousands; and to keep the insurance-business
now in the city from going elsewhere, and perhaps outside the State. Ex-Gov. Claflin was
the next speaker; and in a brief address he deprecated delay in the rebuilding
of the burnt district on financial grounds, expressing the hope that the
legislature would be convened at once. He knew there were men who would bring
twenty millions dollars into the city to build to-morrow, were they assured the
legislature would be called together; and the question with him was, whether
the business of the city should be allowed to go away for want of means, or be
kept here by the fostering care of the city government. Mr. Gray said that
the expense of calling the legislature together would be about six thousand
three hundred dollars; while the daily expense after the opening would be three
thousand nine hundred and ten dollars. Judge Abbott said
he had consulted with very eminent legal men — such as Judge Curtis, Mr.
Bartlett, and others — as to the constitutionality of the legislature passing
an act to enable the city of Boston to loan money on the plan proposed; and all
of them had no possible doubt as to its legality. He was desirous that the
trade of the city should be retained; and he and others desired to pledge their
property to help others who had lost their property. A panic was threatened;
and he thought the only way to stop this was by convening the General Court at
once. Mr. M. F.
Dickinson, jun., spoke in behalf of the young, active business-men of the city
for a special meeting of the legislature, — men who had lost all their property
by the fire, and who would be compelled to go away unless there was some
immediate prospect of relief for them. Mr. Avery Plumer
urged the governor and council to take prompt action, so as to enable the
National Government to get the whole square of land bounded by Milk,
Devonshire, Water, and Congress Streets, for the post-office, while the land
was vacant; and he spoke of negotiations with the authorities from Washington
for the Old-South-Church property, which had taken place on Monday. Mr. Albert Bowker
spoke for the insurance-companies in the city who have been compelled by their
losses to go into liquidation, but in the place of which new companies were
waiting to begin with capital all paid up; but, before they could do this, they
must have the legislative authority. Mr. A. S. Wheeler spoke in the same
strain; when Mr. Gray made a closing address in favor of a special session. Mr. J. B. D.
Cogswell of Yarmouth thought no extraordinary necessity had arisen for calling
the legislature together, as such a course would tend to create a panic. If the
legislature met, it would probably remain in session a mouth or more; and then
the action taken Would be liable to be reversed by the General Court of next
year. Hon. Samuel Hooper
said he was not opposed to having a special session of the legislature, except
that he feared it might tend to create a panic. The bank presidents had held a
meeting with the comptroller of the currency; and they had deemed it
inexpedient to have the legislature convened. Hon. Charles Levi
Woodbury in a few words opposed a special session, on the ground that it would
tend to cause a financial panic; and the Hon. W. B. Spooner took the opposite
ground. The hearing then
closed; and the council went into secret session for some fifteen minutes, when
it was voted to advise the governor to call a special session of the
legislature, to assemble on Tuesday next, at twelve o’clock noon. The following day,
this proclamation was sent to the members of the legislature: — COMMONWEALTH OF
MASSACHUSETTS.
BY HIS EXCELLENCY WILLIAM B. WASHBURN, GOVERNOR. A PROCLAMATION. Whereas, It is
provided by the Constitution of the Commonwealth, that the governor, with
advice of council, shall have full power and authority, during the recess of
the General Court, to call it together sooner than the time to which it may be
adjourned or prorogued, if the welfare of the Commonwealth shall require the
same; And whereas I am
officially advised, by the unanimous action of its municipal government and a
large committee of its most eminent citizens, that the recent fire in Boston
has, in their judgment, rendered certain measures of State legislation
imperatively necessary: — Now, therefore,
Believing that the emergency contemplated by the Constitution has occurred, I
do issue this my proclamation to the members of the General Court, calling them
to assemble at the State Hose in Boston on Tuesday, the nineteenth day of
November instant, at twelve o’clock noon, to take such Steps, and act upon such
matters, as may be deemed expedient in consequence of the great calamity which
has suddenly fallen upon the chief city of our Commonwealth. Given at the
Council Chamber in Boston this twelfth day of November, in the year one
thousand eight hundred and seventy-two. By his Excellency
the governor, with advice of council. WILLIAM B.
WASHBURN.
OLIVER WARNER, Secretary of the
Commonwealth. The legislature met according to call, and proceded at once to consider, by committee-hearings and otherwise, the desires of the petitioners. What laws were passed for the relief of the city, and what measures defeated, cannot be stated at the time this book is issued. |