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Minutes of the Common Council of the City of New York, 1784-1831 (Volume 10) online

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to be assessed for the contemplated improvement of Beekman Street
in which they declare they highly approve of the plan adopted by the
Board in relation to the same and are decidedly hostile to the proposed
alteration of said plan.

Mr. Allen presented a Resolution varying somewhat the line from
either of the above plans. Whereupon the said Memorial [307] and
remonstrance, together with Mr. Allen's Resolution, having been read,
were referred to the Street Committee and the Alderman and Assistant
of the Second Ward.

The following person was appointed Fireman the Chief Engineer
certifying the vacancy :

" Fire Engine Company No. 28."

Isaac Vians Black smith Green St. 8 th ward vice Thomas Kirby.
Resigned.

The City Inspector presented Ordinances for correction of sundry
Nuisances which were passed :

1 Cath ne Russell Own.)

j I 7 Rose St. a Privy

do. Occ. \

2 G. Smith Own )

-r? -D > o do do

E. Boggs Occ (



298


CITY OF


NEW YORK 22 March


1819


3


A. Glover
G. M c Kibben


Own ) m
1 10 Rose St. a
Occ. ^


Privy


4


W m Earle Les.


& Occ. 15 do


do


5


Widow Lilburn


Own ) iri


*






( 19 do


do




W m Van Duzen


Occ (




6


James Chalmers


Own -?20 do


do




E. Merritt


/"i f
Occ \




7


Jno. Nugent


Own ) -^ ,

l oD QO


do




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Occ f-




8


[308] John Youngs


Own ) , n j
' 39 do


do




do.


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Occ. \




9


Emma Williams


Own ) .^ ,
149 do


do




do.


Occ. j








(signed) George Cuming





City Inspector.

The Counsel presented a Lease to Jacob Warner for Lot No. 265
William Street which was directed to be duly executed

The Counsel, agreeably to the Resolution of the Board at the last
meeting, reported a Memorial to the Legislature on the subject of
Tavern Licences and the draught of a Bill to be enacted into a Law
entitled ' An Act concerning the retailing of Spirituous Liquors in
the City of New York ' which Bill having been read was in the words
following:

' An Act concerning the retailing of Spirituous liquors in the City
of New York.'

(1.) Be it enacted by the people of the State of New York rep-
resented in Senate [309] and Assembly That it shall not be lawful for
any person residing in the City of New York, nor for any two or
more persons residing in the said City and being partners in business
or inhabiting or using the same house, shop, tenement, garden or place
of business to keep a Tavern or carry on the business or calling of a
Tavern Keeper and at the same time to be a retailer of strong or
spirituous liquors in the said City under Five gallons to be drank or
used out of the house, shop, tenement, garden or place where the same
is sold or kept for sale.

(2.) And be it farther enacted That if any person residing in the
City of New York, or any two or more persons residing in the said
City and being partners in business or inhabiting or using the same
house, shop, garden, tenement or place of business, shall first obtain
a licence or permission to keep a Tavern in the said City or to follow



22 March 1819 COMMON COUNCIL MlNUTES 299

the business of a Tavern-keeper, he, she or they shall thereby be dis-
qualified and disenabled during the continuance of said licence or
permission [310] to obtain a licence or permission from the Commis-
sioners of the Excise or any other person or persons, body politic or
corporate, to retail strong or spirituous liquors under Five gallons to
be used or drunk out of his, her or their house, shop, garden or place
of business, in case any such person or persons shall first obtain a
licence commonly called the excise or any licence or permission to
retail strong or spirituous liquors under Five gallons, to be drunk out
of his, her or their house, shop, garden or place of business, he she or
they shall thereby be disqualified and disenabled during the continu-
ance of such licence or permission to keep a Tavern in the said City or
to follow the business of a Tavern Keeper.

(3.) And be it farther enacted That if any person or persons as
aforesaid shall obtain a licence to keep a Tavern in the said City or
to follow the business of a Tavern-keeper therein, no other person or
persons being at the time or thereafter and during the continuance of
said licence become a partner in business with him, [311] her or them
or becoming an Inhabitant of or using the same house, shop, tenement,
garden or place of business, shall be entitled to and obtain a licence
commonly called the excise or a licence or permission to retail strong
or spirituous liquors under Five gallons, to be drunk or used out of his,
her or their house, shop, garden or place of business and if any per-
son shall obtain the said last mentioned licence or permission, no other
person or persons being at the time or thereafter and during the con-
tinuance of such licence become a partner in business with him her or
them or becoming an inhabitant of and using the same house, shop,
tenement, garden or place of business shall be entitled to obtain a
licence or permission to keep a Tavern or to follow the business of a
Tavern-keeper.

(4.) And be it farther enacted That if any single person or two
or more persons as aforesaid shall obtain or have at the same time the
two licences hereby intended to be prohibited, both of them shall be
void and the person or persons so obtaining and having them shall be
subject [312] to all the pains, penalties and forfeitures to which he,
she or they would become liable by means of his business & transac-
tions as tho' the same was done or transacted without any licence for
that purpose.

(5.) And be it farther enacted That no such licence shall be
granted in the said City to retail strong or spirituous liquors for the



300 CITY or NEW YORK 22 March 1819

purpose of keeping an Inn or Tavern unless such person or persons so
applying shall first obtain a Certificate from and signed by the As-
sessors of the Ward in which such applicant resides certifying that
such person or persons are of good moral character and that in their
opinion it is proper and necessary that such licence should be granted.
(6.) And be it farther enacted That the person who now is or
hereafter may be appointed Commissioner of Excise in the City of
New York shall, before he proceed to execute the duties of his Office,
take and subscribe the following oath before the Mayor or Recorder of
the said City To wit.

I Commissioner of Excise do solemnly

swear that I will [313] in all things while acting as Commissioner
of Excise do my duty according to the best of my judgment without
fear, favor or partiality according to law.'

Which Oath shall be filed in the Office of the Clerk of the said
City.

(7.) And be it farther enacted That this act shall not take effect
till the first day of August next in the year of our Lord One thousand
eight hundred and nineteen.

(8.) And be it farther enacted that at any time hereafter it shall be
lawful to grant a Licence for the purpose of keeping an Inn or Tavern
and also at the same time to retail strong or spirituous liquors to any
person or persons who shall have licences for both those purposes in
the said City on or before the first day of August next any thing
herein contained to the contrary in any wise notwithstanding :

After some debate thereon Alderman King moved that the said
Bill be referred back to the Counsel with directions to report a [314]
Bill in conformity with and agreeably to the Resolution of the Board
of the last meeting. Debates being had thereon and the question hav-
ing been taken on the said motion it passed in the negative. The ayes
& nays having been required by Alderman King were as follows :

Negative. Aldermen Morss M c Queen Buckmaster Taylor Thorp
Munson Messrs. Anthony Parker Akerly Board Schieffelin Allen

Affirmative. Aldermen Mesier King Underbill Van Amringe
Messrs. Stevens Bolton

Mr. Akerly then moved a Resolution that the Bill be rejected.

Mr. Stevens moved as an Amendment to add ' the same not being
drawn in conformity to the Resolution passed at the [315] last meet-
ing of the Board.' The question being taken thereon it passed in the



22 March 1819 COMMON COUNCIL MlNUTES 301

Negative. The ayes Nays having been called by Mr. Stevens were
as follows:

Negative Aldermen M c Queen Buckmaster Taylor Thorp Munson
Messrs. Anthony Parker Akerly Board Schieffelin Allen

Affirmative. Aldermen Mesier King Underbill Van Amringe
Morss Messrs. Bolton Stevens

The question was then taken on Mr. Akerly's motion to reject and
passed in the Affirmative, all the members present voting in the Affir-
mative except Alderman Mesier who voted in the Negative.

Alderman King then presented the following Resolution :
" Resolved that the Council be directed to prepare a Bill & Me-
morial to the Legislature in relation to the limitation of [316] Tavern
licences to be granted in this City in conformity to the Resolution of
this Board passed at the last meeting."

The question being taken thereon it passed in the Negative. The
Ayes & Nays being called by Alderman King were as follows :

Negative Aldermen Underbill Van Amringe Morss M c Queen
Buckmaster Taylor Thorp Munson Messrs. Anthony Parker Akerly
Board Schieffelin Allen.

Affirmative Aldermen Mesier King Messrs. Bolton Stevens

The Committee of Applications, on petition of William S. Clark
reported

' That they have taken the same [317] into consideration and are
in favor of his being appointed a Measurer, and beg leave to offer the
following Resolution :

" Resolved that William S. Clark be & is hereby appointed a Meas-
urer of Grain."

(signed) David Board

Eff m Schieffelin

Which was approved and it was Resolved that William S. Clark
be appointed a Measurer of Grain accordingly.

The same Committee, on the petition of Samuel Littlefield, reported
in his favor and offered the following Resolution :

" Resolved that Samuel Littlefield be and is hereby appointed a
Measurer of grain

(signed) David Board

Eff m Schieffelin

Whereupon it was Resolved that Samuel Littlefield be and is hereby
appointed a Measurer of grain &c.



302 CITY OF NEW YORK 22 March 1819

The same Committee, on the petition of Abraham M. Valentine, re-
ported in his favor and offered the following Resolution :

" Resolved that Abraham M. Valentine [318] be and is hereby
appointed a Measurer of Lumber."

(signed) David Board

Eff m Schieffelin

Whereupon it was Resolved that Abraham M. Valentine be ap-
pointed a Measurer of Lumber.

The same Committee, on the petition of William Craft, reported:

; That they have understood that the applicant is a suitable person
to receive the appointment solicited. They offer the following Reso-
lution :

' Resolved that William Craft be and he is hereby appointed
Measurer of grain for the City of New York."

(signed) David Board

Eff m Schieffelin

Whereupon Resolved that William Craft be and is hereby ap-
pointed a Measurer of grain &c.

The following Report on the subject of Vaccination was received
from the Trustees of the City Dispensary: Viz.

[319] To the Honorable the Corporation of the City & County
of New York.

The undersigned, a Committee appointed by the Trustees of the
New York City Dispensary to enquire into the state of the Vaccine
Department of this Institution and to communicate the same to the
Mayor, Aldermen and Common Council beg leave respectfully to re-
port.

That agreeably to the provisions made by your Honorable Body
for the diffusion of the benefits of Vaccination among the poor of this
City and its vicinity the Physicians of the Dispensary during the past
year have vaccinated Eight hundred and forty two persons. Of this
number Five hundred & thirty have been vaccinated at the Institution
and Three hundred & twelve at their respective places of abode.

The annexed Documents prepared by the physicians contain the de-
tails upon this subject.

The undersigned Committee by direction of the Trustees also re-
spectfully solicit from your Honorable Body the continu- [320] ance
of the pecuniary remuneration hitherto granted to the attending Physi-






22 March 1819 COMMON COUNCIL MlNUTES 303

cians of this Institution in order the better to enable the Trustees to
extend more widely among the poor the invaluable blessings of Vac-
cination and thereby to secure the Community from the ravages of a
loathsome & mortal disease

k( signed) David Hosack
Francis B. Winthrop

After making the above Report, in conformity with a Resolution of
the Corporation, the Treasurer of the City Dispensary respectfully
solicits the balance due the Vaccine Department viz $300 the cur-
rent year having expired on the 16 th March instant.

(signed) Francis B. Winthrop.
Whereupon the same was referred to the Finance Committee.

The Finance Committee, on the subject of the mortgaged prop-
erty of A. L. Bleecker bought in at the sales of the same under direc-
tion of the Loan Officers by the Corporation, Reported: That [321]
they have finally effected a Settlement with the president of said
(Manhattan) Company who has paid the amount of Mortgage with
the interest due the Loan Officers together with the money advanced
by the Corporation and the taxes and assessments due on said property
and they now present the Deed from the Corporation to the Manhat-
tan Company for execution "

(signed) Stephen Allen

Reuben Munson
" Peter Mesier

Whereupon Resolved that the Release on the part of the Corpora-
tion to the Manhattan Company be duly executed, and Resolved farther
that the original Deed to the Corporation be delivered over to the
Manhattan Company.

The Committee on Applications to the Legislature, on the subject
of the fishing in Hudson River, Reported:

" That the objects of the Memorialists appear to your Committee
both laudable and salutary, but they nevertheless are of opinion that it
is inexpedient to affix to it [322] the Seal of this incorporation, inas-
much as it would open the door for continual applications to the Board
for their sanction to memorials & petitions to the Legislature on all
subjects of a public nature, and the too frequent use of their seal
would in effect destroy its influence and respectability. They therefore
recommend the following Resolution :



304 CITY or NEW YORK 22 March 1819

" Resolved that it is inexpedient to affix the Seal of this Corpora-
tion to the Memorial of A. H. Lawrence & others to the Legislature."

(signed) Stephen Allen

Reuben Munson
G. Buckmaster
John Morss.

Whereupon the proposed Resolution was agreed to.
Alderman Van Amringe presented a Resolution on the subject of
exempting the proprietors of the piers & Bulkhead between Roosevelt
Street and James' Slip from keeping the same in repair after the
premises shall be in possession of the Corporation [323] which was
referred to the Finance Committee with authority to expunge said
Covenant from the Deed.

Resolved that the Street Commissioner be instructed to cause the
Council Chamber to be cleaned & painted as speedily as possible.

Alderman Van Amringe presented a Resolution directing the Com-
missioners of Estimate on Beekman Street to delay any further pro-
ceedings, which was read & laid for consideration.

On motion of Alderman King,

' Resolved that the Counsel, under direction of the Street Com-
mittee prepare a Memorial to the Legislature in pursuance of the
Resolution of the Board of the 8 th instant in relation to staying pro-
ceedings and to vacate the Assessment for opening Harman Street and
that the said Committee be authorised to cause said Memorial to be
authenticated and transmitted to the Legislature during the recess of
the Board."

[324] The Comptroller Reported

Balance in Treasury 15 th instant 3905.32

Received for Tax of 1818 6th 8th gth Wards 5500.

" Common Lands 10,540.62

" Streets 886.94 20,832.88



Accounts Audited.

Anderson & Leake Watch First District 1142.75

Hibberd & Clark Watch Second District 700.

Bleakley & Brower Watch Third District 462.

John Bedient Coroner fees from Jany. 1 to 17 th ins 336.13

George Buckmaster Esqr for peace Officers & Music 25 th

Nov. 1818 56.

Matthew Crosby for Five Casks Oil 457.62

Thomas B. Clark Award for Lombardy Street 600.

John Williams on account for reg. Green St 400.



29 March 1819 COMMON COUNCIL MlNUTES 305

[325] Thomas R. Smith Commissioners' fees in widening

Grand Street 640.

Ogden Edwards Court Charges & Attorney's fees in

widening Grand St 599.74

Hugh Smith balce pa v8 Water St. from Clinton to Cor-

laer St 140.86

Thos. C. Taylor for valuing buildings for opening Beek-

man Street 20 .

John E. West for valuing buildings for opening Beekman

Street 20.

Dederick Grim 1st Instalment Well in Orange near Spring

St 75.

Peter M. Allison on ace* building pier at Oliver Street... 500.
President, Directors & Co. Mechanics' Bank Bond Sept. 10.

1818 $10,000. Interest 2 mo. 22 days to 22d fast. 6 p. cent. 10,136.66 16,286.76



Balance $4546.12
Adjourned to meet Monday next 5 o'clock

[326] In Common Council Mar. 29. 1819
Present Richard Riker Esq r . Recorder President
Aldermen Assistants.

Elisha W. King Thomas Bolton

W. F. Van Amringe Samuel Stevens

John Morss Leonard Kip

George Buckmaster John P. Anthony

Jacob B. Taylor Jno. J. Westervelt

George B. Thorp Shivers Parker

Reuben Munson David Board

Stephen Allen

The Minutes of last Meeting were read amended and approved.

A petition of George Duryee for appointment of Deputy Street In-
spector was read and referred to the Committee on Applications.

A petition that Hudson Street may be paved between Beach &
Vestry Streets was read and referred to the Street Committee.

A petition that Cannon Street may be opened [327] between De-
lancey & Broome Streets, was read & referred to the Street Com-
mittee.

A petition of Preserved Fish for permission to construct a Vault in
front of his Lot No. 218 William Street was granted on the usual
terms under direction of the Street Commissioner.

A Remonstrance of sundry Inhabitants against the practice of
Hawkers, Pedlars & Fruit Sellers taking Stands in the Streets for the



306 CITY or NEW YORK 29 March 1819

purpose of vending their Merchandize was read and referred to the
Committee on Laws.

A petition of Peter & George Lorillard, stating that they are
Lessees under the Corporation of Four Lots near the corner of Au-
gustus Street and Tryon Row which they are desirous of purchasing
& praying the same may be sold to them, was read and referred to the
Finance Committee.

A petition of Whistler & Eales praying remission of fine incurred
under the Tavern Law was read and referred to the Attorney to report
on the same.

[328] A Letter was received from Edward M c Laughlin Commis-
sioner of Excise stating that having concluded not to give any Excise
Licence after the 1 st of April next he was desirous of exhibiting his
Books and giving information of his mode of transacting the business
to the Corporation and requested a Committee to be appointed for that
purpose. Whereupon the same was referred to the Finance Com-
mittee.

A Memorial from Joseph P. Simpson, Sealer of Weights & Meas-
ures on the subject of the condition of the County Standards of
Weights, was presented and referred to the Committee on Public
Offices.

A petition of John Bailey, Contractor for paving Collect Street
from Pearl Street to Leonard Street, praying payment of the Bal-
ance due him, was read and referred to the Finance Committee.

A petition was received from Peter Jay Munro & others, stating
that they are proprietors of Lots on North Side of White Street
Market [329] and distinguished on a map drawn by John S. Hunn
Street Commissioner dated 16 th October 1809 and filed in the Comp-
troller's Office by the Letters K. L. M. N. O. P. Q. and Y. that
there is a reservation of a Quit Rent on said Lots payable in Wheat :
that they are desirous of subdividing said Lots so as to build on them
and praying the rent may be apportioned and collected in future
from said Lots agreeably to the subdivisions, a Map of which ac-
companied the petition. Whereupon the same was referred to the
Finance Committee.

The following persons were appointed Firemen the Chief Engi-
neer certifying the vacancies :

"Fire Warden of First Ward."

Richard Duryee Jr. Mercht. 149 Pearl St. 1 st Ward vice Tunis
Quick Resigned



29 March 1819 COMMON COUNCIL MlNUTES



307



" Hook & Ladder Company No. 3."

Robert Forsyth grocer Hudson c. Vandam 8 th Ward vice
Thomas Morgan Expelled

' Fire Engine Company No. 5."

W m Simmons grocer 26 Reed St. 5 th Ward vice John Dela-
mater Resigned

[330] The Street Commissioner presented an Ordinance for a
Well & Pump on Hubert Street near Washington Street which
was passed and Jacob C. Mott, John Brower and Abraham Bau-
douine were appointed Assessors

He also presented an Assessment for a Well & Pump in Orange
near Spring Street and for making a Road on 28 th Street from the
Ninth Avenue, which were confirmed and John G. Betts appointed
Collector in the former & Morris De Camp in the latter.

The City Inspector presented Ordinances for correction of sundry
Nuisances which were passed Viz.



1



Carter



Mdme E. Barde

2 Irving, Smith & Holly

3 Jas. H. Maxwell
S. & T. Wittemore

4 J. H. Maxwell
Robt. Gillespie

5 Rich d Varick

J. B. V. Varick

6 [331] James Stoughton
J. A. Moore

7 Berment & Gale

do

8 Edward Shepherd
George T. Thorne

9 Irving & Smith
W. W. Wetmore

10 J. H. Maxwell
Mrs. Russell

11 J. H. Maxwell



Agt. / 84 Pearl St.
Occ. ^

Owns. 142
Own.)
Occ. \

Own.) , 1A

U10 do
Occ.



do
108 Front St.



56 Water St.



a privy
do
do

do
do



Prior & Dunning



Occ. \
Own 1
Occ. \
Own.)
Occ. J
Own.)
Occ. ^
Own.)
Occ.

wn -ho9

Occ. ^

Own.)
Occ.if

(signed) George Cuming

City Inspector



58 do



do



64 do



108 do



do



-111 do



do



do



do



do



do



do



308 CITY OF NEW YORK 29 March 1819

The Attorney of the Board on the petition of Hugh Walker, re-
ported :

" That the annexed complaint was made to him hy Mr. Oliver Van-
derbilt late City Sealer against the said Hugh Walker Viz

New York 29 th Feb. [March] 1819
Sir

On the 22 d of February 1819 I examined Mr. Hugh Walker's
Weights the corner of Perry & Washington Streets and found them
as follows:

5 [332] 56 s 1 a little heavy & 4 very light

1 28 right

1 14 Light

2 7 Light

11 Small weights Light

3 Beams 1 not sealed

13 Liquid Measures 8 not sealed
Three Witnesses to prove the above to be correct

Your obdt. Ser

(signed) Oliver Vanderbilt.

Mr. Walker having been sworn stated in answer to the above
mentioned complaint that it is true he had in his possession when the
City Sealer called at his grocery Store 5 Fifty sixes and that as he
was informed & believes one of them was too heavy & four were
too light, but it is true he states that said Weights never have been
used in buying or selling any Article since they have been in his pos-
session: that he has done business in a small line and has had no
occasion to use large W r eights: that the Beam complained of as not
having been sealed had never been used by him: that the nine small
Weights complained of he farther stated under oath he purchased of
Mr Vanderbilt [333] about nine months ago: that they are all Iron
Weights and have undergone no alteration since he bought them :
that when he purchased them they were all sealed and stamped by
Mr. Vanderbilt on the surface of the lead in the hole in the bottom
of each weight, which stamp is still plain to be seen: that the small
liquid measures stated to have been not sealed have been very seldom
used and some of them not at all : that they are the same as when
purchased and as he believes all correct. Lie believes that Mr. Van-
derbilt would not have complained of him had he known that the
large Weights, which are the principal cause of complaint had never
been used by him: that he was not at home when Mr Vanderbilt
called at his Store and therefore could not have made to him the



29 March 1819 COMMON COUNCIL MlNUTES 309

necessary explanations : that his Weights have since been left with
the Assistant State Sealer to be adjusted and sealed.

A Mr. Miller, a respectable neighbour of Mr. Walker corrobo-
rated his statement.

According to the above statement the principal cause of complaint



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