Prytaneum Bostoniense (Volume 2); Notes on the History of the Old State House, Formerly Known as the Town House in Boston--The Court House in ... House--The State House--And the City Hall - Tapa blanda

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886. Excerpt: ... to towns. When the government of the colony ordered this peninsula to be called Boston, they in reality conferred on it, in the simple manner of that day, the immunities of a corporation. To grant lands was one of the prerogatives of the government. But when a town had received a name, the government never assumed the right, except in the solitary instance to Blaxton, to dispose of the lands within its limits. After the settlements had multiplied, and the lands had become valuable, the boundaries of the towns were fixed. This simple mode of conferring the rights of a corporation suited the circumstances of those times. It will be vain to say, that towns could not be thus created. When government gives anything, the grantee acquires by the gift power to receive. Such gift destroys the incapacity, if any previously existed. There is then a reasonable certainty, that the soil on which the house was built belonged to the town. It has not been shewn, that this spot was originally reserved by the colony for the scite of a fort, or for any publick purpose. The first house was undoubtedly erected at the expense of the town. If that house was used by the colony for legislative purposes, it was without question with the consent of the town, who did at that time and have ever since continued to derive advantages from this appropriation of the building. But can it be pretended, that the special occupation of a house for a particular purpose by government or by an individual, for any length of time, will convey to the occupant a general right to the soil? If the town ever conveyed this estate, or any part of it, let the grant be shewn. The town haying exhibited a title, the burden of proof is shifted upon the commonwealth. It is a well known maxim, that a grant shall ...