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

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have filled in the Streets & erected bulkheads thereon, that the con-
templated [441] Sewer thro' Clarkson Street will deprive them of the
use of the water in front of their lots and will be extremely injurious
to them, wherefore they request a Committee to be appointed to view
the premises & report their case to the Board, was presented & referred
to the Canal Committee.

A petition of David Crane to be relieved from a penalty incurred
under the law against forestalling in the market was read and referred
to the Committee of Charity with authority to remit the penalty.

A memorial from the Trustees of St. Philip's Church in Collect
St. stating that they have erected a place of worship & a school house
for the use of people of color, that they have been called upon for
payment of an Assessment on the lots occupied by them for opening



30 Aug. 1819 COMMON COUNCIL MINUTES 527

Anthony Street, that they have no funds to discharge said assessment &
praying to be relieved therefrom, was read. Whereupon the same was
referred to the Finance Committee [442] and the Collector in the mean
time directed to delay collection.

A memorial from the Fire & Marine Insurance Companies of the
City, calling the attention of the Common Council to the situation of the
Register's Office in the City and representing that from the manner it
has heretofore been conducted it does not furnish in all cases the evi-
dence of of actual and existing incumbrances on real estate while they
often exhibit as such those which have been long satisfied and can-
celled, stating also the great necessity of a correct general Index of
the Records, was read and referred to the Committee on public Offices.

His Honor the Mayor presented the Kalendar of prisoners con-
fined in the City prison or Bridewell on the 16 th inst. as returned by
the Keeper which was directed to be filed. The Mayor mentioned that
upon his visits [443] to the Bridewell he always found it in a state
of neatness and cleanliness which he believed was not surpassed by any
similar institution.

A petition of Abraham Davis for time to pay an Assessment laid
on Two lots of which he was lessee on Grand Street was read and
referred to the Finance Committee and in the meantime the Collector
was directed to delay the collection.

The Street Commissioner presented an Assessment for regulating
M c Dougal Street from Bleecker Street to the grounds of John Ire-
land and for regulating Sullivan Street to the ground of John Ireland,
which were confirmed and John G. Betts appointed Collector in each :
Also an Assessment for repaving Division Street from the Bowery to
Orchard Street, which was confirmed and Morris DeCamp appointed
Collector.

[444] He also presented an Ordinance for a Well and pump in
Bancker Street between Market and Pike Streets, which was passed
and Abraham Baudouine, John Brower and Haviland Weeks were
appointed Assessors.

The Canal Committee, to whom had been referred the petition
of a number of the owners of property in the vicinity of the Common
Sewer intended to be made thro' Clarkson & Carmine Streets & part
of the 6 th Avenue praying that the building of the said Sewer may
be suspended, reported :

" That altho' the said petition was referred to them with powers
to proceed with the said work if after considering the objections of
the said petitioners the Committee should deem it proper so to do, but



528 CITY OF NEW YORK 30 Aug. 1819

as there is a difference of opinion in the Committee as to the propriety
of proceeding and as it is a question of considerable importance on
account of the heavy Assessment to which it will subject the property
[445] deemed to be benefitted, and as the petitioners are the owners of
a considerable part of this property the Committee think it a question
proper to be submitted to the Board for their determination.

" Among the objections urged by the petitioners against proceeding
with the work the following are the most prominent : That the dis-
tressed state of our commercial affairs and the total stagnation of
business has rendered money so scarce that it would be oppressive to
most of the owners of land to raise wherewith to pay the Assessment,
that many of them would be compelled to dispose of their property
which under present circumstances would not bring one half of its
value : That the state of improvements in that neighbourhood does
not require that the said Sewer should be immediately built but that it
might be & ought to be delayed until the state of improvements called
for it when property in its vicinity would be more valuable & produc-
tive & would be better able to bear the expence.

[446] : The Committee are satisfied that many of the objections
of the petitioners are well founded, but that the state of improvements
near the lower part of the line of the contemplated Sewer and the
decayed state of the temporary one in Hamersley Street is such that
unless the permanent one is now built it will be absolutely necessary
to make a new temporary one on Hamersley street to be extended
to the east of Varick Street which will cost from 2 to 3 thousand
dollars and which in all probability will have to be done at the expence
of the Corporation, for, if it was to be assessed on those benefitted
the Assessment would be so extensive that the laying & collecting of
it would cost nearly as much as the work: but if the permanent one
was to commence immediately the present temporary one might be
made to answer until the permanent one was so far done as to receive
the waters from it.

[447] " The Committee would state another difficulty in suspending
the work : That in pursuance of the resolution of the Board they
advertised for and received proposals, and that the proposal from
Mr. Wallace was accepted and the Street Commissioner was accord-
ingly directed to enter into a contract with him for the same, that
understanding a petition would be presented to the Board to suspend
it the Committee directed the Street Commissioner to suspend the
execution of the contract until farther orders. Mr. Wallace now states
that ' previous to the Street Commissioner's information of the said



30 Aug. 1819 COMMON COUNCIL MINUTES 529

suspension he had entered into engagements for materials &c. for said
work, and that in case the same should not go on he would sustain
considerable damage for which he would expect to be indemnified by
the Board. As it is incumbent on the Committee to express their
opinion with the facts they submit the following resolution :

" Resolved that it is expedient that [448] the Sewer on Clarkson
and Carmine Streets and part of the Sixth Avenue be commenced
immediately and that the Street Commissioner is hereby directed to
proceed with the same."

(signed) H. Tallman
S. Parker
J. B. Taylor
W. A. Davis

The reading of the petition was called for and it was accordingly
read. The question was then taken on the report of the Committee
and the resolution proposed by them and the same was carried in the
Affirmative.

The same Committee, to whom was referred the petition of a
number of the proprietors of houses and lots of ground in Collect
Street praying that the Sewer in Canal Street may be extended up
Collect Street to Franklin Street, Reported :

" That in the opinion of the Committee from the unsettled state of
a greater part [449] of Collect Street which has been but recently
filled it is to be apprehended that it would be liable to considerable
settlement but that it might be extended 100 feet south of Pump
Street without much apprehension. The Committee are of opinion
that the state of the neighbourhood requires that it should be extended
thus far. They therefore recommend the adoption of the following
resolution :

" Resolved that the Sewer on Canal Street be extended up Collect
Street 100 feet south of Pump Street & that the same be done by
contract to be paid for when the Assessment is collected and that
the Street Commissioner under the direction of the Canal Committee
take the necessary measures to carry the same into effect."

(signed) J. Morss
S. Parker
J. B. Taylor
W. A. Davis
H. Tallman

which was approved & the resolution adopted.






530 CITY OF NEW YORK 6 Sept. 1819

[450] In Common Council Sept. 6, 1819

Present. The Hon. C. D. Colden Mayor President.
Peter A. Jay Esqr. Recorder.

Aldermen. Assistants.

' *

John Hone Thomas Bolton

E. W. King Samuel Stevens

Leonard Kip H. Tallman

John P. Anthony Benj n Crane

John Morss J. J. Westervelt

Robert McQueen Shivers Parker

Asa Mann S. P. Brittain

Jacob B. Taylor David Board

Geo. B. Thorp W. A. Davis

Stephen Allen Judah Hammond

The minutes of the two last meetings were read and approved.

A petition of James Gillender, Master of the Ship Hector, for relief
from a penalty said to be incurred by breach of the law [451] respect-
ing landing Alien passengers was read and referred to the Committee
on Public Offices.

A similar petition from Captain Tupper, Commander of the Brig
Eliza, was referred to the same Committee with authority to granc
relief as they shall judge fit.

A petition of John Baldwin for remission of tax laid on him in the
year 1817 stating that he was discharged by an act of insolvency in
January, 1818, was read and referred to the Committee on Assess-
ments.

A petition of A. P. Maylie for permission to construct a vault in
front of No. 61 Dey Street was granted on the usual terms under
direction of the Street Commissioner.

A petition of Christian Buhler praying relief from a fine said to
be incurred under the Pawnbrokers' Law was read and referred to the
Committee on Public Offices.

[452] A petition from John Anderson & Son was received stating
that from circumstances detailed in their petition they considered
themselves entitled to the use of the wharf opposite to their lots
lying on West Street between Vesey and Murray Streets ; that they
accordingly placed thereon a quantity of plaister of Paris; that they
have lately received notice to remove the same, and praying relief.
Whereupon the same was referred to the Committee on Wharves,
Piers and Ships.

A petition of Mead Darrow for extension of time for payment ot



6 Sept. 1819 COMMON COUNCIL MINUTES 531

an Assessment for opening Grand Street was referred to the Finance
Committee.

A petition of Chapin Ward was received, stating that he is heir
at law to his brother George Ward and as such is entitled to one half
of the estate and effects of his said brother : that said George died
intestate [453] and the proceeds of his estate have been paid by the
public Administrator to the City Treasurer: that one half of said
proceeds has been paid to Adam Hill who was entitled to the same,
and praying the remaining half part may be paid to him, which being
read was referred to the Counsel and Comptroller.

A petition of Jacob Valentine for relief from payment of a fine
for keeping a dog without being registered stating that he is blind and
that the dog was his guide in passing thro' the streets, was referred
to the Police Committee with authority to remit.

Petitions were received from Alexander Anthony for Stall No.
34 Fly Market ; from H. Lyon for same Stall ; from Samuel Low
for a Stall in same market; from John H. Tier for Stall No. 5 Cor-
laer's Hook Market; from Robert P. Denike for a stall in Duane
Market, and from Nathaniel Nott for Stall No. 4 Grand Street
Market, which were referred to the Market Committee.

[454] A petition of the Trustees of the Congregation of Shirath
Israel, praying farther time for payment of an Assessment laid on
them for opening Oliver Street, was read and referred to the Finance
Committee.

A petition from the Inhabitants residing in the vicinity of Chatham
Square, stating that the removal of Fire Engines Nos. 15 & 17 from
that place has been injurious to that neighbourhood and praying that
others may be located in the vicinity, was read and referred to the
Committee on the Fire Department.

A petition for a Well near the junction of the Southampton Road
& the 8 th Avenue was referred to the Alderman & Assistant of the
Ward and Street Commissioner to report an Ordinance therefor.

A petition of the Trustees of the Hamilton Free School at Harlaem
near Fort Wash- [455] ington, praying some further pecuniary aid
to furnish their School room, was read and referred to the Finance
Committee to report.

A petition of Joseph Pell for remission of fine incurred by non-
compliance with an Ordinance respecting a nuisance, was referred to
the City Inspector.

A petition of Peter Van Blarcom for remission of fine for not



532 CITY OF NEW YORK 6 Sept. 1819

having his number painted on his cart was granted on payment of
costs.

A petition of Robert Matthews for remission of fine for encum-
bering the Street with building materials was granted on payment
of costs.

A petition of Joseph Madden for remission of fine for not regis-
tering a dog was read and referred to the Police Committee.

A similar petition from Jacob Jackson was referred to the same
Committee.

[456] A petition that Thompson Street be paved from Spring
Street to Broome Street was referred to the Street Committee.

A petition from Inhabitants residing near Potters' field complaining
of the interment of the dead at that place and praying the Corporation
to establish a Cemetery at a greater distance from the settled parts
of the City was read and referred to the Committee on Public Lands
and Places.

A petition of James D. Board that Washington Street between
Vesey and Barclay Streets may be regulated and paved, was referred
to the Street Committee.

A petition of John L. Hamilton to be appointed a Measurer of
Grain was referred to the Committee on Applications.

A petition of Lewis K. Storm for relief from a fine said to be
incurred by driving a [457] Hackney Carriage without a licence was
referred to the Police Committee.

A petition of James Tearman for remission of fine for taking water
in greater quantity than allowed by law from one of the public pumps
was granted on payment of costs.

A petition of Catharine and John Minuse for further time for
payment of an Assessment for widening Grand Street was referred to
the Finance Committee.

The Street Commissioner presented an Ordinance for regulating
and paving the sidewalks in Broome Street between Broadway & the
Bowery, an Ordinance for regulating and paving Essex Street from
Grand to Broome Street, an Ordinance for paving Carlisle Street and
so much of Greenwich and Washington Streets as may be necessary
to make them conform ; which were passed and Abraham Baudouine,
John Brown [er] and Haviland Weeks were appointed Assessors in
[458] the two first and John Targee Abraham Bloodgood & Benjamin
Prince in the last.

He also presented an Assessment for repaving the Bowery from



6 Sept. 1819 COMMON COUNCIL MINUTES 533

Grand to Broome Street, which was confirmed and Morris De Camp
appointed Collector.

He also, respecting the sale of the old market on Grand Street,
reported :

" That agreeably to directions he has sold the old market house
situated in Grand Street near Goerck Street. The Cupola and bell
were taken down for the purpose of being placed on the new market.
The iron bars that will be of use were sent to the public yard and the
remainder was sold for the sum of Forty three Dollars which will be
paid into the Treasury, the purchaser to remove the same by the 10 th
instant & to fill up the Cellar by the 20 th inst."

(signed) J. M c Comb St. Com r
which was directed to be filed.

[459] He also reported a return of delinquents on the Assessment
for opening Anthony Street whereupon a Warrant \vas ordered to
issue to the collector for collecting the same.

He also presented a communication stating that a house was built
by Mr. Cleland in 1800 on the Westerly side of Broadway between
Houston and Bleecker Streets which projects into the street 3 feet
and to prevent obtaining any right by possession some steps he thought
ought to be taken. Whereupon it was referred to Street Committee
and Counsel.

The Chief Engineer reported that at the request of the African
Methodist Society he had removed Engine house No. 31 from their
ground corner of Leonard and Church streets, that they had offered
a situation on another part of their ground for which he recommended
an agreement should be made. Whereupon the same was referred to
the Committee on the Fire Department.

[460] The following persons were appointed Firemen, the Chief
Engineer certifying the vacancies :

" Fire Engine Companies."
No. 2.

Bradley Higgins mercht. Division St. 10 ward vice Edward
Palmer resigned.

No, 6.

Saml. Frost grocer 99 Chapel St. 5 ward vice W m Forshee.
Resigned

Moses Moore grocer Greenwich c. Murray 3 w d vice Jas. Smith
deceased



534



CITY OF NEW YORK



6 Sept. 1819



John H. Smith-
voise exempt



No. 23.

-builder 44 Thomas St. 5 w d vice Court D[e] be-



No. 33.



John Seaman mercht. Grand St. 10 w d vice Jon" C. Chadeayne
resigned it being contrary to Tils principles to work on Sunday.

[461] The City Inspector presented Ordinances for correction of
sundry Nuisances which were passed : Viz



1



5
6



N. Quackenboss
Joshua Greenleaf
E. Benedick.

2 Peter Williams

3 John Mowatt Jr.,

4 W m & G. Post
M. L. Davis
G. Lorillard
Concklin & Jacot

7 P. M. Ryerson
W m Forshee

8 Jas. Teller
M. Watts

O. Lawrence
A. Stagg
J. Woodruff
A. Stagg
W m Martin
T. Griffen
Mrs. Alexander
[462] W m Parsells
R. Brown
Hugh Maxwell

A. Mather

J. B. Constant

B. Hart

W. Jewett & E. Baty

17 Jas. Morange

18 J. T. Leonard



9
10

11

12
13

14

15

16



Crosby St.

do.
Little Water St.



W'ater c. Catharine do.



74 Vesey St. a privy



Own")

Agt. [. 51 Liberty St.
Less. & Occ. J
Own. & Occ. 53 do.

Own.

Own.

Own

Own.

Occ.

Own.

Occ.

Own.

Occ.
Les. & Occ.

Own )

Occ. ^167 do.

Own )

Occ. J117 Harman St.

Own. |

Occ. ^ 7 Jews' Alley

:J Wn ?
Occ.



a Lot

do.
do.
do.
do.



163 Division St.
165 do.



Occ. \
Les.
Oc.
Les. & Oc.



244 Duane St.

Own Mulberry St.

Own.^



-

2o Lumber St.



5 Ann St.
44 Maiden Lane



Own. Cedar c. Washington

(signed) Geo. Cuming

City Inspector



do
do

do
do

do.
do.
do.
do.

do

do
do



6 Sept. 1819 COMMON COUNCIL MINUTES 535

The City Inspector presented the following communication respect-
ing a house in Orange Street occupied as a Slaughter house Viz.

That said house had been sold for taxes and that the time for
which it had been sold had expired. Whereupon the same was
referred to the Counsel to take measures to put the Corporation in
possession and if there is no legal impediment thereto to direct the
Superintendant of Repairs to take possession of the same.

[463] The Counsel presented the following agreement and leases
which were directed to be duly executed : Viz.

An agreement between the Corporation and James Wallace for
making a Canal in Clarkson and Carmine Streets and in the Sixth
Avenue.

Also an agreement with Luther Bloomfield for making a Canal in
Chapel Street.

Also an Agreement with John Anderson for building a Wharf or
pier into the North River near the foot of Vesey Street.

Also a Lease to Charles Watts of a ferry to be established between
the northern boundary of the limits of the grant of the Hoboken
Ferry to Philip Hone and Christopher Street and the usual landing
place at Weehawk and to any other place on the New Jersey shore
not exceeding ^ of a mile therefrom.

Also Two Leases to Cornelius R. Duffie of lots of ground at Kip's
Bay which were sold on the 6 th of March 1817 for nonpayment 01
the Assessment for opening the 3 d Avenue [464] one of which was
sold for the term of 80 years for 159 dollars and 57 cents and is
bounded as follows Viz. All that certain piece of land, owner
unknown, situated at Kip's Bay in the 9 th Ward of said City bounded
southerly by land now or lately belonging to James Jarvis and by
lands now or lately belonging to James M c Cready, westerly by the
3 d Avenue, northerly by lands belonging to Maria Duffle & others,
executors of the Will of John Duffie deceased, and easterly by the
centre line between the 2 d and 3 d Avenues, the said piece of land
having heretofore been intended to form part of a road or way thro'
Kip's farm to be called Susan Street.

The other lot was sold for the term of 30 years for 186 dollars
& 3 cents and is bounded as follows Viz All that certain piece of
land, owner unknown, situated at Kip's Bay in the 9 th Ward of the
said City bounded easterly by the 3 d Avenue, southerly partly by
lands now or lately be- [465] longing to James Chesterman, partly by



536 CITY OF NEW YORK 6 Sept. 1819

the road or way called Elbert Street and partly by lands now or lately
belonging to Cornelius Roosevelt deceased, westerly by the Centre
line between the 3 d and 4 th Avenues and northerly partly by lands now
or lately belonging to to Maria Duffie and others, executors of the will
of John Duffie deceased, partly by the road or way called Elbert
Street and partly by lands now or lately belonging to Abraham Russell,
the said piece of land having heretofore been intended to form part
of a road or way thro' Kip's Bay to be called Kip's Bay Street."

(signed) Ogden Edwards

Counsel

The Street Committee, on the petition respecting Lombardy Park,
reported :

" That they have examined the situation of said Park and are
satisfied that it is a Nuisance to those in the vicinity, without any
advantage whatever to the neighbourhood. [466] They are therefore
of opinion that the request of the petitioners ought to be granted: for
which purpose they beg leave to submit the following resolution :

" Resolved that the Superintendant of Repairs be instructed to
cause the fence at present inclosing the Little Park at the intersection
of Market, Lombardy and Cheapside Streets to be removed and that
the space be regulated and paved. Also

" Resolved that the Well standing on the Sidewalk in front of
the Park aforesaid be filled up, it being useless as there is another
within 20 feet of better water."

(signed) J. B. Taylor
" Asa Mann

S. P. Brittain
S. Parker
J. Morss

which was approved & the resolution adopted.

The Special Committee, to whom was referred the Memorial of
certain lessees [467] under the Rutgers' family remonstrating against
the widening of Harman Street at the present period. Reported :

' That they have had said petition under consideration and can
find no good reason at present for granting their request. The Cor-
poration having passed a resolution for widening said street, if the
above mentioned block is left it will defeat the whole project. They
therefore offer the following resolution :



6 Sept. 1819 COMMON COUNCIL MINUTES 537

" Resolved that it is inexpedient to grant the prayer of said peti-



tioners."



(signed) Asa Mann
S. Stevens
S. P. Brittain
J. B. Taylor
W. A. Davis

which was approved & the resolution adopted.

The Committee on Public Offices, to whom was referred a Me-
morial on the subject of causing an Index to be made of the public
Records in the Register's Office of the City, Reported:

[468] " That they have given this subject the consideration which
its importance and interest to the community appeared to require. In
considering this memorial your Committee have of necessity been led
also to consider the memorial of Garritt Gilbert Esqr, the Register,
which was presented to the Board in the month of September last and
referred to a Committee but it appears that it never was reported
upon or farther acted upon by the Board.

" In the memorial of Mr. Gilbert a variety of facts are stated to
shew the negligent and highly reprehensible manner in which the papers
and records of that office have been kept and your Committee are
constrained to admit that the representations in the memorial of the
Register have been made to appear to your Committee substantially
correct.

" It appears as stated by Mr. Gilbert that there has been no ' General
Index of Mortgages ' continued for about 3 years [469] succeeding
May 1815 tho' the Statute is imperative in requiring such general Index
of all the books of mortgages and incumbrances to be made by the
Register.

" Again the Statute points out the manner in which mortgages
shall be cancelled, which is by making a Minute of the Certificate of
discharge or satisfaction piece in the books of registry, and yet there



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 10) → online text (page 46 of 65)