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7 M- Crygier . ,. Owner J Street
Miss A. Parker OccupH

8 [258] W m Dusenberry Owner & j , . ^. . Ct

,.. C 11 Chapel Street D

Occup 1 ^

9 Ezra Ludlow Lessee f

Hy Megarry. Geo De Grace, MrJ 20 Wall Street D<>
Paff & Ja s Hubbell Occupt 3 [

10 Mr s Jane Cox Owner & Occup 1 416 Greenwich St D

11 Benj"H. Coles Owner)

Mt r . rt TT T , >-v /> ^y i- Cdl 1 OL1CCL JU/

r Waite & Ry Johnson Occupts. J

(signed) Geo. Cuming

City Inspector

The Counsel presented the following communication which was
read & directed to be filed

" The Counsel begs leave to inform the board that the Chancellor
has dissolved the injunction obtained by Richard Varick Esq re so far
as it went to restrain the Corporation from digging up to the line of
the fence inclosing his premises ; but the Chancellor also decided that
the injunction should continue so far as it goes to restrain the [259]
Corporation from digging down that portion of M r Varick's premises
which it is alledged encroach upon Bleecker Street, until it is estab-
lished by a trial at Law that it does encroach upon a Public Street or
Highway.

He also decided that M r Varick should not be entitled to recover
any costs.

Respectfully submitted

(signed) Ogden Edwards

He also presented the following

" The Counsel Respectfully informs the Board that Mess rs Peter
& George Lorillard object to the lease of the Lot of Ground in Au-
gustus Street, upon the Ground that it contains no provision for the
appointment of an umpire in the event of the persons who may be
appointed to appraise the improvement (provided the lease should
not be renewed) not agreeing. The order for the lease was that it
should be upon the same terms (excepting as to rent) as the former
lease for the same premises. That lease which was drawn accord-
ing to the then established [260] form, contained no such provision.

The leases which are granted according to the present established
form do contain such a provision. The Counsel is not aware of any
good reason why the lease should not be drawn according to the wishes



28 June 1819 COMMON COUNCIL MlNUTES 457

of the Mess rs Lorillards. He has drawn a lease accordingly com-
prising such a provision, and according to the present established
form which is herewith submitted. If it is the pleasure of the Board
that it should be executed, the lease heretofore executed will of course
be cancelled.

Respectfully Submitted

(signed) Ogden Edwards,

Whereupon the Lease presented was directed to be duly executed.

The following communication was received from D. S. Jones
Esq re late Counsel of the Board

" The subscriber begs leave to present to the Common Council an
account for the [261] taxed costs and Counsel fees in the suit here-
tofore commenced by the United States against Jacob Hays and Aaron
Williams Jun r which was defended by directions of the Common
Council, and in which a Judgment has been obtained in favour of the
Defendants But without Costs as Costs are not recoverable against
the United States.

The suit in question was an action of Trespass instituted by the
District Attorney of the United States to recover damages from the
defendants for seizing a certain quantity of Gun Powder belonging
to the United States and which was seized by the Defendants by order
of the Police Magistrates in consequence of that powder being trans-
ported through our streets contrary to a Law of our State.

The Circumstances of the Case are fully detailed in a Petition
which was presented to the Common Council by the Defendants on
the 30 th day of December 1816 that Petition was referred to the
Law Committee as appears by an entry in your Minutes Lib 32
page 79, and that [262] Committee reported in favour of defending
the suit, which Report was concurred in by the Board The Report of
the Committee and Resolution of the Board concurring therein are
to be found in the 32 d volume of your minutes, page 99.

M r Jay was associated with me as Counsel in the defence of the
Cause, and I have with his concurrence charged a fee of $100. for
him, as well as the like for myself. The number of Patent Causes
and other business before the Circuit Court of the U. S. where the
Cause was tried prevented us from bringing on the Argument in this
Cause until after the lapse of Two Terms at both of which as well
as the Term when the cause was argued we were obliged to attend for
the purpose. From the importance of the principle involved in this



458 CITY OF NEW YORK 28 June 1819

case and the attention which we were obliged to give to the Cause
I presume the fees charged by us will be considered as moderate,

Respectfully submitted

(signed) R. [D.j S. Jones

[263] Whereupon the Comptroller was directed to report a War-
rant at the next meeting for the payment of the same.

The Comptroller presented a communication stating that several
persons who had purchased and leased property of the Corporation
had neglected to perfect the agreements which required some remedy
Whereupon the Communication was referred to the Finance Com-
mittee.

He also presented the following statement of the Account of Jacob
P. Roome, Superintendant of Repairs, which was ordered to be filed.

" The Committee of Repairs and the Comptroller Respectfully
Report, that they have examined the accounts of Jacob P.
Roome Superintendant of Repairs from 15 th October 1818 to
June 4, 1819. & find that he has received by Warrants from

the Corporation $.17.349.90

" for sundry Articles sold by him 17.62

"Balance due the Corporation on last settlement & now credited.. 36.08



$17.403.60
[264] He has paid agreeably to Vouchers produced, 222 Accounts,

amount $17.284.55



Balance due the Corporation June 4, 1819 to be carried to credit of

New Acct $119.05



(signed) G. B. Thorp
Benj" Crane
S. P. Brittain
G. N. Bleecker Compf

The Comptroller also presented the Accounts of A Sherman, At-
torney for Corporation from 1 Nov r 1818 to 1 May 1819 of which the
following is an abstract

" The Comptroller respectfully submits to the Board, an Account
of Alpheus Sherman Esq r Attorney of the Corporation, from 1 st No-
vember 1818 to 1 st May 1819, balance due the Corporation $107.32



28 June 1819 COMMON COUNCIL MlNUTES 459

Also an Account for the Month of May last balance due the Corpo-
ration $2.89.

(signed) G. N. Bleecker Compt r ."

Also an Account of the Month of May 1819.
Which were directed to be filed.

[265] The Street Commissioner presented the following Ordi-
nances which were passed & the following persons appointed Assessors
therein Viz : for regulating & paving a part of Orchard Street be-
tween North & Stanton Streets for regulating & paving Oliver Street
from Banker Street to Chatham Square, for paving the side walks
in Greenwich Street from Watts to Charlton Street & for regulat-
ing & paving Little Water Street and Jacob C. Mott, Abraham
Baudouine & John Brown were appointed the Assessors in each
Also for repaving the Carriage way of the Bowery between Grand
& Broome Streets & for a Well and Pump in Lombardy Street near
Corlaers Street and John Targee, Ab. Bloodgood & Jacob C. Mott were
appointed Assessors in each also for building a Bulkhead from Dover
to Roosevelt Street.

He also presented an Assessment for a Well & Pump in Beach
Street near Greenwich Street & for paving Beach Street from Green-
wich to Washington Street which were confirmed & John G. Betts
appointed Collector in each Also for a well & pump in Ludlow
Street near Grand Street & for [266] regulating & paving Walker
Street from Broadway to Elm Street which were confirmed and Noah
Jarvis appointed Collector in each.

The Market Committee to whom had been referred the Petition of
Peter L. Fowler for Stall N 10 Spring Street Market, Reported
the following Resolution

" Resolved that the above prayer of the Petitioner be granted.

(signed) Harm 5 Tall man
John Hone
J. J. Westervelt
Stephen Allen

Which was approved and adopted,

The Committee on Assessments on the Petition of Nicholas Wil-
liam Stuyvesant, Reported

' That they have heard M r Stuyvesant & that he could not give
any reason to the satisfaction of your Committee why any part of his
taxes should be remitted and your Committee are of opinion that



460 CITY OF NEW YORK 28 June 1819

he has not the [267] least shadow of reason to complain Your Com-
mittee therefore beg leave to offer the following Resolution

Resolved that Nicholas W. Stuyvesant have leave to withdraw
his Petition.

All of which is Respectfully submitted

(signed) J. J. Westervelt
" John Morss

" John P. Anthony

E. W. King

Which was approved and the Resolution adopted.

The Committee on Ferries & the Alderman and Assistant of the
8 th Ward to whom were referred the respective Petitions of Philip
Earle & Balthazar P. Melick for a grant of a Ferry from this City
to Wehawk Reported

"That since these Petitions were presented M r Charles Watts of
this City has become Proprietor of Weehawk and the Petitioners have
united in a request that in case the Corporation shall grant a Ferry
to that place that the same be [268] made to M r Watts. It will be recol-
lected that the Petition of Philip Earle when presented was referred
to the Committee on Ferries, who on the 29 th of March last, Reported,
in favour of making him a Grant for fifteen years without restricting
him to any limits on the New York side, under a supposition that he
was to use sail boats only and with a view to accomodate the Lower
Markets. The Board being apprehensive that such a grant might in-
terfere with the rights of the Lessee of Hoboken Ferry recom-
mitted the Petition and Report thereon to this Committee Since
that Period the present applicant has at a great expense, constructed
a Team Boat operating on entire new principles, being propelled with
two horses only by means of inclined planes, this invention appears
to be one of great utility, at all events it is worthy a fair and full ex-
periment. A Boat thus constructed the Applicant is to place upon
the Ferry upon the event of his obtaining a grant. This is a very
ancient [269] Ferry, but since the improvement of the Powles Hook
and Hoboken Ferries it has grown into disuse in a great degree for
want of su[i] table boats to transport Carriages It is evident that a
good Ferry established between this City and Weehawk will in some
measure diminish the profits of the Hoboken Ferry, but it cannot be
said to interfere at all with the rights of the grantee of that Ferry,
especially if it be located above the limits of that Grant. Moreover
the Lessee of the Hoboken Ferry must have contemplated having



28 June 1819 COMMON COUNCIL MlNUTES 461

another Ferry established above, as his predecessor was bound to
keep one at the foot of Spring Street which he declined to accept,
after the most mature deliberation on this subject your Committee are
of opinion that the public convenience requires a Ferry between this
City and Weehawk, and they respectfully recommend that a grant be
made to M r Charles Watts for the term of fifteen years from the first
day of May last the first five years at a nominal rent, the second
Five Years at a rent of Fifty Dollars per Annum, and the last [*268]
five years at the rate of Two hundred Dollars per annum That the
limits shall extend from the north bounds of the Grant of Hoboken
Ferry to Christopher Street on the New York side and a quarter of
a mile each side of Wehawk on the New Jersey side. But that the
Corporation shall not be restricted from establishing other Ferries
within the limits above specified on the New York side to any other
place than Wehawk. or the above limits on the New Jersey side. And
that the Lessee shall be compelled to keep on the Ferry a good and
sufficient Team Boat, and shall keep the Ferry regularly as well in
Winter as in Summer and provide a suitable landing place on each
side at his own expense and that the rates shall be the same as the
Hoboken Ferry. Your Committee beg leave to submit the following
Resolution.

Resolved, that the Counsel of the Board prepare a Lease to
M r Charles Watts in conformity with the preceeding Report.
[271] All which is submitted

(signed) E. W. King

John P. Anthony
D. Board
Asa Mann
Jacob B. Taylor

Which was approved and the Resolution adopted The following
Resolution was also presented and agreed to

" Resolved that M r Charles Watts be permitted to commence run-
ning his boat on the Weehawk Ferry from this day,

The Committee on Assessments on the Petition of Alexander S.
Glass, Reported as follows:

" The Committee on Assessments to whom was referred the Peti-
tion of Alex r S. Glass, to refund to him Ten Dollars & Eighty Cents
which he paid for Thirty one Lots of Land which he does not own,
on Fitz Roy Road in the Ninth Ward Your Committee beg leave to
Report, That in their opinion, the Corporation can not with propriety

* Clerk's error in numbering. ED.



462 CITY OF NEW YORK 28 June 1819

refund [272] him the Taxes and that he ought to apply to the pro-
prietor of said Lots. Therefore Your Committee beg leave to offer
the following Resolution

Resolved, that M r Alex r S. Glass have leave to withdraw his
petition.

All of which is respectfully submitted

(signed) J. J. Wester velt
John Morss
John P. Anthony
Thomas Bolton
E. W. King

Which was approved and the Resolution adopted.

The Committee on the Fire Department presented the following

" The Committee on the Fire Department beg leave to state that
applications have been made to the Clerk of the Common Council by:
Stephen Stephens, James Young and David Jacot, for Certificates of
the time which they have served as Firemen, that [273] sufficient
evidence has been given to the Committee that Stephen Stephens was
appointed on the 11 November 1799. James Young on 11 th November
1799, and David Jacot, by the name of David Jacob on 13 November
1797, but by same mistake the names of Stephens and Young are not
entered on the Minutes of the Common Council of those Years they
therefore recommend the following Resolution

Resolved that the Clerk of the Common Council be authorised to
give to the said Stephen Stephens and James Young a Certificate of
their service agreeably to the foregoing dates, and to David Jacot,
instead of Jacob agreeably to the abovementioned appointment.

(signed) John P. Anthony
Harm 8 Tallman
Robert M c Queen

Which was approved and the Resolution adopted.

The Committee on the Fire Department to whom was referred the
Petition of Hook [274] & Ladder Company N 3 praying an additional
number of men, Reported

" That they have had the said Petition under Consideration and
are of opinion that the prayer of the Petitioners ought not to be
granted and Respectfully offer the following Resolution

Resolved, That the Petition of Hook & Ladder Company N 3

ought not to be granted. ,> r , A ,,

(signed) John P. Anthony

Robert M c Queen
Harm 5 Tallman



28 June 1819 COMMON COUNCIL MlNUTES 463

An Amendment was proposed to grant the Prayer of the Petition
so that the said Company do not exceed six additional Members &
provided no person shall be admitted as a member of the said Com-
pany who is qualified to serve on Juries the question being taken
thereon it passed in the Negative The question was then taken on
agreeing to the Report of the Committee and was carried in the
Affirmative

[275] The Ayes & Noes having been called were as follows
Ayes: M r Recorder Aid" Hone King Anthony M c Queen Mann
Allen M r Bolton Stevens Tallman Crane Westervelt. (12)

Noes : Aid" Morss Taylor Thorp M r Parker Brittain Davis Ham-
mond (7)

The Finance Committee to whom was referred a Return of Delin-
quents on Assessments for opening & paving Streets &c Reported,

' That they see no reason why the recommendation of the Street
Commissioner should not be complied with, as every indulgence which
could be reasonably expected has been granted the persons concerned,
and the money has been due from 12 to 27 Months and therefore ought
to be paid. The Committee recommend the passage of the following
Resolution

Resolved that the Street Commissioner be instructed to advertise,
agreeably to Law, the property, returned as delinquent for the non-
pay- [276] ment of assessments as set forth in the annexed List of
the Collector.

Respectfully submitted

(signed) Stephen Allen
J. Hammond
Benj" Crane
Jonc [John] Hone

Which was approved and the Resolution adopted.

The Market Committee on the Petition of Thomas H. White for
Stall N 30 Catharine Market, Reported the following Resolution
" Resolved that the above prayer of the Petitioner be granted.

(signed) Harm 5 Tallman
John Hone
J. J. Westervelt
Stephen Allen
Which was approved and adopted.



464 CITY or NEW YORK 28 June 1819

The Market Committee to whom was referred the application for
a Public Scale to be estab- [277] lished in the Catharine Market,
Reported as follows

" The Market Committee to whom was referred the Application
for a Public Scale in Catharine Market beg leave to offer the follow-
ing Resolution

" Resolved the prayer of the Petitioners be granted, the said Peti-
tioners to pay the expense of said public Scale ; Which scale to be the
property of the above named market.

(signed) Harm 5 Tallman
John Hone
J. J. Westervelt
Stephen Allen

Which was approved and the Resolution adopted.

The Street Committee to whom was referred the Communication
of the City Inspector relative to a Lot on Orange Street presented a
Report which was referred to the City Inspector with directions to
report the proceedings had in relation to the Lot &c.

[278] The same Committee on the Petition for paving the side
walks in Broome Street Reported

" That they have seen the situation of the side Walks in Broome
Street, and are of opinion that the prayer of the Petitioners ought to
be granted, for which purpose they offer the following Resolution

" Resolved that all the side walks in Broome Street between Broad-
way and the Bowery be paved except those parts that are already
done, and that the Street Commissioner prepare an Ordinance to that
effect.

(signed) Jacob B. Taylor
John Morss
Asa Mann
S. P. Brittain
Shivers Parker

Which was approved and the Resolution adopted.

The same Committee on the Petition for paving the side walks in
Hudson Street Reported.

" That they are [279] of the opinion that the Side Walks in that
Street should be laid Therefore beg leave to offer the following
Resolution.

" Resolved, that all the side Walks in Hudson Street between



28 June 1819 COMMON COUNCIL MlNUTES 465

Spring Street and Charlton Street be paved and that the Street Com-
missioner prepare an Ordinance for that purpose.

(signed) Jacob B. Taylor
John Morss
Asa Mann
S. P. Brittain
Shivers Parker
Which was approved and the Resolution adopted.

The following Communications were presented by the Canal Com-
mittee
' To the Canal Committee,

Gentl"

We the Contractors for the Sewer in Canal Street would
Respectfully inform the Committee that two thirds of the Contract
[280] is completed.

Yours Respectfully

(signed) Gedion Tucker

Thomas T. Woodruff

" The Canal Committee beg leave to lay before the Board the
within communication from the Contractors for the Sewer on Canal
Street, representing that they have compleated two thirds of the Con-
tract, and are thereby entitled to another payment of 25 per Cent of
the Amount of said Contract. The Committee do recommend the
adoption of the following Resolution.

" Resolved, that the Finance Committee be authorised, to make
provision by Loan on Bond for the payment of the Amount now due
to the Contractors for the Sewer on Canal Street, and that the Moneys
to be collected for the Assessment of said Sewer is hereby pledged for
the payment of the same with interest.

(signed) John Morss

Shivers Parker
Jacob B. Taylor
W m A. Davis
Harm 8 Tallman

[281] Whereupon the Resolution proposed by the Canal Committee
was adopted and the Finance Committee directed to borrow the Money
agreeably thereto.

The following Report from the Mayor and Recorder on the sub-
ject of their visit to and Inspection of the Bridewell and Establish-
ment at Bellevue, was presented.



466 CITY OF NEW YORK 28 June 1819

' The Mayor and Recorder Respectfully Report ;

That pursuant to a late Resolution of the Board, we visited on the
fourth instant the establishment at Bellevue, and passed the greater
part of the day in inspecting the Apartments of the Alms house, Peni-
tentiary & Bridewell.

We have the satisfaction to state that we found the Establishments
in a condition, which does great credit to the Officers of the Board,
who have charge of them. The apartments in general were clean and
well ventilated, but some of them were not without that offensive
smell common to Prisons, which it must be very difficult to prevent
where there are crouds of [282] Children and so many infirm and
diseased persons; but which [ought] to be almost entirely obviated in
the City Prison by attention to cleanliness and by the frequent
abundant use of lime.

By conversing with many of the Paupers and convicts, we gave
them an opportunity of making complaints if they had any, but none
were made : on the contrary they generally admitted that they were
treated with humanity, and as well provided for as they had reason
to expect.

Knowing that an opinion was entertained by some that persons
were supported in the Alms house, who were not fit objects for such
an Assylum, our attention was particularly turned to this subject ; but
we could not perceive that a single person was there, as a pauper,
who it was not obvious was properly considered as such. The
increasing number of poor who must be supported by the Public
Charity, and of Criminals, as well as the necessary augmentation of
the Public Charges on those accounts are very naturally [283] beyond
the expectation of those, who do not take into consideration that there
is a proportionate increase of our population.

The Male & Female Hospitals, connected with the Alms House,
deserve to be particularly noticed. The buildings appropriated to
these uses are extremely well calculated to admit a free circulation of
air. tho' they do not appear adapted to exclude either heat or cold
when either is intense. Great attention appears to be paid to cleanli-
ness as respects the rooms, the bedding and persons of the Patients.
They seem to have all the advantages and comforts of competent
nurses, proper food and medical aid. The Hospital Department of
the Bridewell and Penitentiary is not so commodious, & does not, and
probably need not afford the Patients the same comfort and advan-
tages.

We think it our duty to call the attention of the Board particularly



28 June 1819 COMMON COUNCIL MlNUTES 467

to the situation of the female lunatics. They are now confined in that
part of the building, from which the Male lunatics were lately removed,
on account of the unfitness [284] of the apartments for their use.
The only apartments which the Female lunatics have are small dark
cells in the lower story of the eastern extremity of the Penitentiary.
& a narrow gloomy passage which forms the entry to these cells. At
the entrance of their Apartments are sinks, which receive the filth of
a part of the upper stories, and from which the most offensive smells
frequently arise. It is certain that these unfortunate Women who
become Tenants of this Mansion thro' calamity are more comfortless
than any confined in the buildings as a punishment for their crimes.

We beg earnestly to recommend to the consideration of the Board,
the situation of the Children who are in the Penitentiary & Bridewell.
There are now sixteen boys of from ten to sixteen years of age con-
fined as felons. They have lately been in some degree seperated from
the Adult Convicts, and measures have been taken to give them instruc-
tion, but the benevolent intentions of the Board are as yet, very imper-
fectly executed. The Boys are not kept entirely apart, [285] The
Buildings do not admit of their being so, without a sacrifice of more
room than can be spared. At night they are shut up in cells by them-
selves, but in the day they mix with other convicts. W r ho are neces-
sarily admitted into the same hall. While this is the case, it is in
vain to expect that a Sentence condemning a child to the Penitentiary
will have any beneficial effect, in his morals, on the contrary it is



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 10) → online text (page 40 of 65)