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354

THE GREEN BAG

In 1838, notwithstanding Governor Edward Everett, in his message of January 9, recommended "a final adjustment on liberal and equitable principles," nothing was done for the Charles River Bridge. In 1839, in his message of June 10, Governor Everett said, "Public convenience and private seem to call loudly for some definite arrangement as to the Warren Bridge," but again nothing was done. In 1840, Marcus Morton was elected Governor as a Democrat, by one vote over Edward Everett. As, however, he had been the judge who had prevented a decision in favor of the Charles River Bridge in the Massachusetts Supreme Court, and as he was strongly opposed to all corporations, it was not to be expected that the Legislature would do anything for the bridge. In 1841, however, when John Davis, a Whig, was elected Governor, the long drawn controversy which had now lasted for eigh teen years, was finally settled so far as the Bridge was concerned by the passage of an act, March 17, 1841 (c 88) providing for the payment of the meagre sum of $25,000 for a surrender of all the rights and title to the Charles River Bridge and of its charter. The long fight, however, came to a most impotent and unsatisfactory conclusion as regarded the general public; for notwith standing the determined struggles of the public for a free bridge, the statute provided that while Charles River Bridge should be opened again for travel (it having been closed for nearly four years), yet toll should be collected, and at the same time it provided that the Warren Bridge should again become a toll bridge.

Thus at a cost of only $25,000, plus the amount spent by the State in maintaining the Warren Bridge for the last five years, the State came into possession of two fine bridges, and the public was still obliged to pay toll. No action was taken in 1841, however, as to compensation to Harvard College for its losses. But in 1847 the College received recognition; for by Resolve of April 26, 1847, (c 98) justice was at last done to it; and the Charles River Bridge Chapter on the legis lative records was closed, as described by the Treasurer of Harvard College in his annual report for 1846-7 as follows: "Another sum has been received during the past year, which is gratifying, not so much for its amount, as for the sense of justice which dictated its payment. The legislature of the Commonwealth last winter voted that the sum of $3,333 30 should be paid to Harvard College in compensation for the loss of the annuity from Charles River Bridge during the five years the bridge has been in the possession of the Commonwealth; and the original annuity has been also voted for what would have been the remain der of the term of that corporation, had it continued to exist. This is a partial revival of one of the first legislative grants to the College, one which bears date more than two centuries ago (1640); and although it by no means compensates the loss of the College, yet it is agreeable to see the dis position manifested by the State, once more to do something for education at Cambridge after the lapse of so long an interval in her patronage; and it encourages the hope that her liberality may provide for some of those wants which are heavily felt there, and which by limiting the education of her sons, limit also her own prosperity. . . ." BOSTON, MASS., May, 1908.

Copyright, by Charles Warren, 1908.